HomeMy WebLinkAboutBLAIR CONSTRUCTION (2)
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m., Tuesday, July 31, 2007.
Bid Item #07-141
Resurfacing Hephzibah-McBean Road for Augusta Engineering Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30911
706-821-2422
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street
- Room 605, Augusta, GA 30911. Plans and specifications for the project can be made available upon
request to Digital Blue Print. The fees for the plans and specifications which are non-refundable is
$25.00
Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262
Merry Street, Augusta, GA 30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is
the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this
policy, the Owner is providing the opportunity to view plans online (www.digblue.com) at no charge through
Digital Blueprint (706-821-0405) beginning Thursday, June 21,2007. Bidders are cautioned that submitting a
package without Procurement of a complete set are likely to overlook issues of construction phasing, delivery
of goods or services, or coordination with other work that is material to the successful completion of the
project. Bidders are cautioned that sequestration of documents through any other source is not advisable.
Acquisition of documents from unauthorized sources places the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
A Mandatory Pre-Bid Conference will be held on Friday, July 13,2007 @ 10:00 a.m. in Room 605 of
the Procurement Department. All questions must be submitted in writing to the office of the
Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be
received by mail or hand delivered. The last day to submit questions is Tuesday, July 17, 2007 by 4:00
p.m.
No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10%
Bid bond is required to be submitted in a separate envelope so marked along with the bidders'
qualifications; a 100% performance bond and a 100% payment bond will be required for award.
Bidders will please note that the number of copies requested; all supporting documents including financial
statements and references and such other attachments that may be required by the bid are material conditions of
the package. Any package found incomplete or submitted late shall be rejected by the Procurement Office.
Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an
incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta
Commission. Please mark Bid number on the outside of the envelope.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle
Augusta Focus
June 21,28, July 5, 12,2007
June 28,2007
cc:
Tameka Allen
Abie Ladson
Robert Oliver
Interim Deputy Administrator
Engineering Department
Engineering Department
SEALED BIDS SELECTION METHOD
A method for submitting a bid to perform work on a proposed contract. In general, each party interested
submits a bid in a sealed envelope, and all such bids are opened at the same time and the most favorable
responsible bid is accepted. All bid responses will be retained as property of Augusta-Richmond
County.
Conditions for use. All contracts of Augusta-Richmond County shall be awarded by competitive sealed
bidding except as otherwise provided elsewhere in this article (see 9 1-10-45 - Sealed Proposals; 1-10-46
- Professional Services; 1-10-47 - Quotations; 1-10-49 - Sole Source Procurement; and 1-10-50 -
Emergency Procurements, of this chapter).
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement
Office and shall include specifications prepared in accordance with Article 4 (Product
Specifications), and all contractual terms and conditions, applicable to the procurement.
Pre-bid conference and addendum. A conference to be conducted by the Procurement Director and using
agency head, if appropriate, hearing will be scheduled at least five (5) working days before receipt of
bids. While the pre-bid conference is not a requirement, it is strongly recommended and widely used to
further acquaint interested bidders with the bid requirements and items to be purchased and vendor input.
Any substantive changes to specifications resulting from the pre-bid conference or other
vendor/contractor sessions shall be documented in an addendum and communicated to all bidders
registered for the procurement action.
Bid opening. Sealed Bids shall be opened publicly in the presence of one or more witnesses at the time
and place designated in the public notice and invitation for bids. The amount of each bid, and such other
relevant information as the Procurement Director deems appropriate, together with the name of each
bidder shall be recorded; the record and each bid shall be open to public inspection in accordance with 9
1-10-5 (Public Access to Procurement Information).
Bid acceptance and bid evaluation. Provided that the bids are delivered to the Procurement Director at
the time, place, and under the conditions contained in the Invitation for Bids, the bids shall be
conditionally accepted without alteration or correction pending evaluation. Bids shall be evaluated based
on the requirements set forth in the invitation for bids, which may include bidder responsiveness,
capability and past performance, and criteria to determine acceptability such as inspection, testing, quality
workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid
price and be considered in evaluation for award shall be objective and clearly measurable, including but
not limited to discounts, transportation costs, and total or life cycle costs. The main advantage of using
life-cycle costing is that both initial costs and related costs for the life of the item are considered. When
the criterion for awarding the contract is based on lowest responsive bidder, it may mean that the contract
specifications are just minimally complied with. Selecting of the lowest bidder could result in a higher
incidence of maintenance, and down-time could eat up any savings made if the Procurement process
considers only the initial cost. Under no circumstance will any bid be accepted by fax or email. All bids
must be labeled and received in the Procurement office by the due date and time. There will be no
exceptions made for any late, lost by the post office or express carrier, or misdirected submittals.
Please be aware that vendors shall be removed from the vendor list for the following reasons:
(1) Declining to offer bids for the period of time listed in specifications.
(2) Suspension for the following shall not be for less than three (3) months or more than
three (3) years:
(a) Failing to satisfactorily meet terms, agreements, or contracts made with the
Procurement department or the using agency.
(b) Being convicted of criminal offenses in obtaining contracts or convicted of
embezzlement, violation of state or federal anti-trust statutes, or any other crime
which indicates a lack of business integrity or honesty.
(c) Violating contract provisions or failing to perform without good cause or any
other cause which the Procurement Director deems to be so serious as to affect
the responsibility of a contractor, including disbarment or suspension from a
vendor list by another government entity.
PREFERENCE FOR LOCAL SUPPLIERS AND CONTRACTORS
(a) Augusta encourages the use of local suppliers of goods, services and construction products
whenever possible. Augusta also vigorously supports the advantages of an open competitive market
place. Nothing in this Section shall be interpreted to mean that the City Administrator or Purchasing
Director is restricted in any way from seeking formal bids or proposals from outside the Augusta market
area.
(b) When the quotation or informal bids selection method is used by the Purchasing Director or using
agency head to seek firms to quote on Augusta commodity, service and construction products, local firms
should be contacted, if possible, first. Then if the Purchasing Director or using agency head believes that
there may not be at least three qualified informal bidders, quotes shall be sought from outside the Augusta
market area.
(c) In the event of a tie of bid (see 1-10-43 (h)), when all other factors are equal, the City
Administrator is encouraged to select the bid from within the local market area. The City Administrator
shall retain the flexibility to make the award of contract to a bidder outside of the local market area if
evidence supports collusive bidding in favor of a local source.
(d) The local vendor preference policy shall be applied when the lowest local bidder is within 5% or
$10,000, whichever is less, of the lowest non-local bidder. The lowest local bidder will be allowed to
match the bid of the lowest non-local bidder; if matched, the lowest local bidder will be awarded the
contract.
For purposes of this section, "local bidder" shall mean a business which:
1) Has had a fixed office or distribution point located in and having a street address within
Augusta for at least six (6) months immediately prior to the issuance of the request for
competitive bids or request for proposals by Augusta; and
2) Holds any business license required by the Augusta-Richmond County Code and
3) Employs at least one (1) full time employee, or two (2) part time employees whose primary
residence is in Augusta, or if the business has no employees, the business shall be at least fifty
percent (50%) owned by one or more persons whose primary residence is in Augusta.
BACKGROUND INFORMATION ON VENDORS.
The Department Head and/or the Administrator is directed to provide the bid amount as submitted,
information concerning the vendor's previous performance, the service and quality of the products
offered, the availability of the goods and services when needed, adherence to delivery schedules, and
other criteria pertinent to that particular item, on vendors who have submitted bids, proposals, or contracts
for the Commission's consideration. The information is to be included in the backup documents for the
Commission's consideration in awarding the contract.
INSPECTION OF PURCHASES.
The Procurement agent in conjunction with the using agency or department head shall inspect, or
supervise the inspection of, all deliveries of materials, supplies or contractual services to determine their
conformance with the specifications set forth in the pertinent purchase order or contract. The
Procurement agent may require chemical and physical tests of samples submitted with bids and samples
of deliveries, which examinations are necessary to determine quality of the samples and conformance
with specifications.
Letting the contract. The contract shall be awarded or let in accordance with procedures set forth herein.
Award shall occur with reasonable promptness by appropriate written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids.
In addition to price and other material factors, the Procurement Director, in consultation with the using
agency, shall consider the following in the context of award recommendations:
(1) The ability, capacity, and skill of the bidder to perform, the contract or provide the services required,
(2) The capability of the bidder to perform the contract or provide the service promptly, or within the time
specified, without delay or interference,
(3) The character, integrity, reputation, judgment, experience, and efficiency ofthe bidder,
(4) The quality of performance on previous contracts,
(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract
or servIces,
(6) The sufficiency of the financial resources of the bidder relating to his ability to perform the contract,
(7) The quality, availability, and adaptability of the supplies or services to the particular use required,
(8) The number and scope of conditions attached to the bid by the bidder, and
(9) Service availability may be considered in determining the most responsible bid, and the bidders shall
be required to submit information concerning their ability to service and maintain the product of the
equipment.
Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete
statement of the reasons for placing the purchase order or other contract elsewhere shall be prepared and
signed by the Procurement Director and/or Administrator and made part of the record file for audit
proposes.
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.
.~
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SK' fffm ~(U;IJ, &~
ADDENDUM
TO:
FROM:
DATE:
SUBJ:
All Bidders
Geri A. Sams G AS ~
July 23, 2007
ADDENDUM #1
Bid Item #07-141 Resurfacing Hephzibah - McBean Road
Bid Opening: Tuesday, July 31,2007 @ 3:00 p.m.
This fax is to notify all potential bidders that the bid opening date for BID ITEM #07-141 ResUljacing
Hephzibah-McBean Road has been changed:
From: Tuesday, July 31, 2007 @ 3:00 p.m.
To: Thursday, August 2, 2007 @ 3:00 p.m.
This addendum is applicable only to persons that acquired an official set of plans and
specifications from Digital BIue Print and attended the Mandatory Pre-Bid Conference.
Q. Calendar days - date on proposal vs. calendar days on agreement.
A. The calendar days are sixty (60). [see attach A-I]
Q. Identify the starting and stopping points.
A. Start at pavement tie-in with DOT US25. Project ends 3.7 nilles west @
2228 Hephzibah-McBeall Road. [see attach map]
Q. Clarification of the Map requested.
A. See revised vicinity map.
Q. There is no pay item for patching.
A. Patching will be paid for with pay item 402-1812. [see P-2]
Q. What materials are used for patching? Need a unit price.
A. Patch with pay item 402-1812; no unit price needed. [see P-2]
Q. Striping - thermo or paint?
A. Thermo plastic [see revised page P-2]
Q. Should the 2 ft. turn out in the driveway be paved?
A. Pave all driveways from edge of paving to right-of-way.
1. Note: Right-of-way of Hephzibah - McBean Road is 80 ft.
Q. Give patching details.
A. No patching details needed.
Q. What is the thickness of the 9.5-millimeter superpave?
A. 1"
Road shoulder must be clip before resurfacing and backfill after the completion of resurfacing.
Please acknowledge receipt of addendum in your bid package.
If you have any questions regarding this correspondence, please contact me @ (706) 821-2422.
r
cc: Tameka Allen Interim Deputy Administrator
Abie L. Ladson, Engineering Department
Robert L. Oliver Jr. Interim Asst Director
Room 605 - 530 Greene Street, Augusta, Georgia 30911
(706) 821-2422 - Fax (706) 821-2811
www.aumsta~a.~ov
Register at www.demandRtar.oom/mnnlierforautomatic bid notification
THIS AGREEMENT, made on the _ day of
, 200_ by and between the
SECTION A
AGREEMENT
City of AUl!usta
party of the first part, hereinafter called the OWNER, and
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter names,
agree as follows:
ARTICLE I - SCOPE OF THE WORK:
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor
necessary, and to perform all of the work shown on the plans and described in the specifications
for the project entitled:
Resurfacing Hephzibah - McBean Road
Project Number: C37856-07-000-0 / PRC Number: 10-S009-00 (730) Cl
peN number: C009730CI000
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 60 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 of the work described herein
is a reasonable time for completion of the same, taking into consideration the average climatic
range and construction conditions prevailing in this locality.
A -1
SP-l
Resurfacing Hephzibah - McBean Road
Project Number: C37856-07-000-0/PRC Number: 10-8009-00 (730) Cl
PCN number: C009730CI000
SPECIAL CONDITIONS
SCOPE:
This project includes the patching, milling, leveling~ resurfacing and striping of roads and
streets located within Augusta in accordance with the plans and specifications. It also
includes adjusting to grade manholes and water valves. (See page G-l and the note
below addressing pages MS-l thru MS-2)
TERMINI AND LENGTH:
The beginning and ending of each individual road or street is shown on the tabulation list
contained in this document. The total length of this project is 3.7 miles.
PATCHING:
Asphaltic Concrete Patching includes removing areas identified by the Engineer and
replacing the existing pavement and base (if necessary). Cost will be paid as Asphaltic
Concrete Patching~ per ton.
TRAFFIC LOOPS AND STRIPING:
The Contractor shall restore all traffic loops affected by milling and/or resurfacing in this
contract. Costs for restoring traffic loops shall be included in the price bid for other
items. There will be no separate payment for this work. All striping and pavement
markings shall be referenced and documented prior to any milling or resurfacing and will
be paid for under the appropriate item.
ADJUSTING MINOR STRUCTURES TO GRADE:
This item consists of raising or lowering the upper portion of existing manholes~. water
valve boxes, gas valve boxes or any other miscellaneous structures within the area of
construction. There will be no separate payment for this work unless shown as a separate
pay item.
. Prior to any resurfacing, the contractor shall identify and reference all structures so
the precise locations can be determined after resurfacing. This shall be done in the
company of the ARC Inspector. This shall be the first order of work where minor
structures requiring adjustment are included in the contract.
Milling and Resurfacing: All milled roads must be followed by leveling and/or topping
within 21 calendar days.
Note: Manholes, water valves, etc. shown on Pages MS-l tbru MS-2 shall be the last phase of work on this
project and specifically as directed by the Engineer. The purpose of this is to allow as much time as
possible for these roads to be resurfaced by LARP or ARC Forces.
HEPHZffiAH-MCBEAN ROAD
ft
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TOTAL:
Resurfacing Hephzibah - McBean Road
Project Number: C37856-07-000-0 I PRC Number: 10-8009-00 (730) Cl
PCN number: C009730CI000
150-1000 TRAFFIC CONTROL LS
RECYCLED ASPH CONC LEVELING, INCL BITUM MATL & H
402-1812 LIME TN 810
RECYCLED ASPH CONC 9.5 MM SUPERPAVE, GP 1 OR 2
402-3110 ONLY INCL BITUM MA TL & H LIME TN 2976
413-1000 BITUM TACK COAT GL 3697
I
653-1501 THERMO SOLID TRAFFIC STRIPE, 5 IN, WHITE LM 7.5
I
653-1502 THERMO SOLID TRAFFIC STRIPE, 5 IN, YELLOW LM 5
653-3502 THERMO SKIP TRAFFIC STRIPE, 5 IN, YELLOW GLM 2.5
P-2
A
~
CONFLICT OF INTEREST:
It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement
contract when the employee or official knows that: .
(a) the employee or official or any member of the employee's or official's immediate family has a
substaUtial interest or [mancial interest pertaining to the procurement contract, except that the
purchase of goods and services from businesses which a member of the Commission or other
City of Augusta employee has a financial interest is authorized as per a.c.G.A. 36-1-14, or the
procurement contract is awarded pursuantto a.c.G;A. 45-10-22 and 45-1 0-24, or the transaction
is excepted from said restrictions bya.C.G.A. 45-10:'25;
. .
(b) Any other person, business, or organization with whom the employee or official of any member
of an employ~e' s or officials immediate family is negotiating or has an arrangement concerning
prospective employment is involved in the procurement contract.
Any employee or official or any member of an employee's or official immediate family who
holds a substantial interest or financial interest in a disclosed blind trust shall not be deemed to
have a conflict of interest with regard to matters pertaining to that substantial interest or financial
interest.
I, (vendor) M It ~.-. A? m J;~. ;::r:;:- . have read and understand the information
/'
contained in the bid specifications.
Vendor Name:
"6/0.-,:;.- c:::;;",s;// vc-h-'-o -7 ..:::z:-~ .'
/.
Address:
~o. -t3a::>K 7/0
&-."'1.> G/l-
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pc>e,o"
City & State:
Poo,ne#:~) -~ /...s-~ Pox # ~) ~B - /tIS-,.-
Signature: LJ~ ((.~~/ Date: -f/~/
Bid Item Number and Name: Ho?_ /~/ A'e$....,.~t':.e7~6u'6-h- /f7deQ..07 -;:?>c;:>d
I
THIS FORM MUST BE SUBMITTED WITH BID PACKAGE. NO EXCEPTlON(S) WILL BE GRANTED
BID BOND
Conforms with The American Institute of
Architects, A.I.A. Document No. A-31 0
KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc., PO Box 770, Evans, Georqia 30809
as Principal, hereinafter called the Principal,
and the Western Surety Company
of .CNA Plaza, Chicago, Illinois 60685
, a corporation duly organized under
the laws of the State of South Dakota
, as Surety, hereinafter called the Surety, are held and firmly bound unto
Augusta Commission, 530 Greene Street, Room 605, Augusta, GA 30911
as Obligee, hereinafter called the Obligee,
in the sum of 10% of Bid Amount - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Dollars ($ 10% of Bid Amount ) ,for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Resurfacing Hepzibah-McBean Road
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal ,to enter such Contract and give .such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obiigation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this
2nd
day of
Auqust
Blair Construction, Inc., PO Box 770,
Evans, Georgia 30809
2007
'--'
Witness
(Seal)
Principal
e:-
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Title
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Witness
Western Surety Company
By 73~~ ". A L ;.L,
Buck Leigh .." Attorney-in-Fact
S-0054/GEEF 12/00
FRP
Western Surety Company
Know AU Men 8y These Pn~scllls, Thal WESTERN SURETY COf\.1PANY, a South DAkolll corporation, is a duly organized and existJng corporAtion
having ils principal ot1lcc in the City of Sioux Falls, and State of SOUth Dakolll, and that it docs by virtue of the signafure and seal hcrein affjlled hereby
l11ake, eonstiWte and appoint
rOWEH OF ATTORNEY AI'POJNTING JNDIVWUAl.. ATTOR.NEY-IN-FACT
Thomas M Albus, BllRckLeigh, huliviehulIUy
ofColul11hia, SC, its true and lawfll! Attorney(sHn-Fn.et with 11ln power and authority herehy conferred to sign, seal and execlIte for and on. its behalfhonds,
undcltakings and odle! Obligatory instrlll11CnlS of similar namre
~ In U~d~mil:~dAmm.mj:s ~
and to hind it. thc!ehy as fully And 10 the same. e~t~nt n:; ifsuch in,muJnents were signed hy 1I dilly authorized officer Off:he corporation and all the acts ofsllid
Attorney, pursulllll to the authority hereby given, arc hereby ml:ificd ilnd confinl1cd.
This Power of AtlonJey is l11ade ~Ild cxecuted pursunJlIlo and hy ~Hlthorily of the By-Law prinl.ed 011 tJle reverse hereof. duly adopted, as indicated, llj'
the shareholders of the corporation_
In Witnes.~ Whereof, WESTERN SUHEP{ COMPANY has caused these prescnts to be signed by its Senior Vice President and ils coq>oratc seal to
be hereto affixed on this 231'<1 day of March, 2000.
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WESTERN SURETY COMPANY
State of South Dakota
COlloty of Minl1chaha
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acknowledges same to be the Ael and deed of saiel corpormioll.
My commission expires
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f D. KRELL J
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_._ N~vember 30, 200L_
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foree, an. d further certify that the By-Law of Ole corporation priIlJ:l:..d d J m the reverse hereof i~ qtill.inJnrt'p III l.cSI.,'Jl10l1\- ''''. fl""""""" 1'1
. LI1:I '. '. ....tlJ.:gl1SC. . '. . _' wr ereo LOtrflerelllltO"1J '"en led
my name and affixed the seal of the said corpomr.ion Ihis .._____.._~__ da)' of ____.._____.____..____.______._. ____.
CElnWJCATE
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Form F4280-0 1-02
----~
L. Nelson: As.qistams.;~;:;;;;:y
BIDDERS QUALIFICATION STATEMENT
with Proposed Subcontractors/Suppliers
Blair Construction, Inc.
P.o. Box 770
Evans, Georgia 30809
Phone (706) 868-1950 Fax (706) 868-1855
In the early I 950's Blair L. Mutimer began the Augusta located company BlairConstruction. In 1973 the business
was incorporated in the State of Georgia as Blair Construction, Inc.
Blair Construction, Inc. has at some time performed grading, paving and underground utility construction for most
every municipality within 40 to 50 nile radius of the City of Augusta. The majority of the work we perform is either
for the City of Augusta or Columbia County. We have an outstanding and wellrespected relationship with both
these municipalities.
Our company employs approximately 53 penons and has an average annual revenue of around $8,000,000.
Approximately 80 percent of our work is underground utilities with the other 20 percent being earthwork and base &
pavmg.
Blair Construction, Inc. currently holds a "Certificate Of QualificatiOl (# 2 BL 150)" from the Georgia Department
of Transportation with a maximum capacity rating of $31,300,000.
As established in past projects with the City of Augusta, we have both the experience and means to perform the
subject project to which we are bidding.
Below are qualified Subcontractors we propose to utilize for this project.
.
Country Boy Fanns
Tucker Grading & Hauling
C&M Trucking
Peek Pavement Marking
for grassing
for hauling asphalt
for hau ling asphalt
for striping
.
.
Below are qualified Suppliers we propose to utilize for this project.
Reeves Construction
for asphalt
Listed on the following page are recent projects of similar size and/or nature to which Blair Construction, Inc. has
successfully completed.
1. Rae's Creek Channel Improvements, Phase III
City of Augusta, GA
Contract Amount: $907,734.80
2. Butler Creek Interceptor Upgrade
City of Augusta, GA
Contract Amount: $5,400,889.36
3. Ridge Crossing Drainage Improvements
Columbia County, GA
Contract Amount: $950,067.70
4. Cummings Road Grading and Paving
Aiken County, SC
Contract Amount: $514,684.84
5. 36" High Service Water Line
Columbia County, GA
Contract Amuunt: $318,206.84
6. Highway 25 Wastewater Collection Improvements
City of Augusta, GA
Contract Amount: $1,096,770.33
7. Kissingbower Road Area Water and Sewer Improvements
City of Augusta, GA
Contract Amount: $1,633,317.92
8. Spirit Creek Force Main
City of Augusta, GA
Contract Amount: $5,485,149.66
9. Olive Road Sanitary Sewer Improvements
City of Augusta, GA
Contract Amount: $764,322.37
We appreciate the opportunity to submit our bid on this project and are sure our experience and qualifications will be
acceptable. If any other information is needed, please feel free to contact us.
Respectfully Submitted:
6J~((.
William R. Mutimer, Jr., Vice President
Date:
&/2-t/
I I
Resurfacing Hephzibah - McBean Road
Project Number: C37856-07-000-0 / PRC Number: 10-8009-00 (730) Cl
PCN Number: C009730CI000
List of Proiect Documents
Section
Pa!!:es
Instruction to Bidders
IB 1 thru IB-3
Georgia Prompt Pay Act
PP A-I
Special Conditions
SP-l
Agreement
A-I thru A-4
General Conditions
3 thru 33
Supplementary Conditions
SC - 1 thru SC - 2
Proposal
P -1 thru P-2
Typical Section
TS -1
Location Map
Map 30
General Notes
G -1 thru G -14
Traffic Control
TC - 1 thru TC - 23
SECTION IB
INSTRUCTION TO BIDDERS
IB-Ol. GENERAL:
All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal
must be filed with the Owner on or before the time stated in the invitation for bids. Mailed
proposals will be treated in every respect as though filed in person and will be subject to the
same requirements.
Proposals received subsequent to the time stated will be returned unopened. Prior to the time
stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be
withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of
contract with the successful bidder.
IB-02. EXAMINATION OF WORK:
Each bidder shall, by careful examination, satisfy himself as to the nature and location of the
work, the conformation of the ground, the character, quality and quantity of the facilities needed
preliminary to and during the prosecution of the work, the general and local conditions, and all
other matters which can in any way affect the work or the cost thereof under the contract. No
oral agreement or conversation with any officer, agent, or employee of the Owner, either before
or after the execution of the contract, shall affect or modify any of the terms or obligations
therein.
IB-03. ADDENDA AND INTERPRETATIONS:
No interpretation of the meaning of plans, specifications or other prebid documents will be made
to any bidder orally.
Every request for such interpretation should be in wntmg addressed to the Purchasing
Department, 530 Greene Street, Augusta, Georgia, 30911 and to be given consideration must be
received at least ten working days prior to the date fixed for the opening of bids. Any and all
such interpretations and any supplemental instructions will be in the form of written addenda to
the specifications which, if issued, will be sent to the Augusta-Richmond County Purchasing
Director at least five working prior to the date fixed for the opening of bids. The
Purchasing Director shall send by certified mail with return receipt requested to all
prospective bidders (at the respective addresses furnished for such purposes), not later than three
working days prior to the date fixed for the opening of bids. Failure of 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.
1B - 1
IB-04. PREPARATION OF BIDS:
Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made on bid forms should be initialed by the person
signing the bid.
Bidders must quote on all items appearing on' the bid forms, unless specific directions in the
advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to
quote on all items may disqualify the bid. When quotations on all items are not required, bidders
shall insert the words "no bid" where appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed
if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be
submitted as such, and shall not reveal the total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of
corporations will be signed by an officer of the firm and his signature attested by the secretary
thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-05. BASIS OF AWARD:
The bids will be compared on the basis of unit prices, as extended, which will include and cover
the furnishing of all material and the performance of all labor requisite or proper, and completing
of all the work called for under the accompanying contract, and in the manner set forth and
described in the specifications.
Where estimated, quantities are included in certain items of the proposal, they are for the purpose
of comparing bids. While they are believed to be close approximations, they are not guaranteed.
It is the responsibility of the Contractor to check all items of construction. In case of error in
extension of prices in a proposal, unit bid prices shall govern.
IB-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 EQUlPMENT
STATEMENT, giving reliable information as to working capital available, plant equipment, and
his experience and general qualifications. The owner may make such investigations as are
deemed necessary to determine the ability of the bidder to perform the work and the bidder shall
furnish to him all such additional information and data for this purpose as may be requested. The
Owner reserves the right to reject any bid if the evidence submitted by the bidder or
investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out
the obligations of the contract and to complete the work contemplated therein. Part of the
evidence required above shall consist of a list of the names and addresses of not less than five
(5) firms or corporations for which the bidder has done similar work.
IB - 2
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 owner performing the work specified, and for
compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract
satisfactory to the owner and authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof, a certified and effectively
dated copy of the power of attorney.
IB-08. REJECTION OF BIDS:
These proposals are asked 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
GEORGIA PROMPT PAY ACT
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this
Agreement shall control.
All claims, disputes and other matters in question between the Owner and the Contractor arising
out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court
of Richmond Count, Georgia. The Contractor, by executing this Agreement, specifically
consents to venue in Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall
be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor
specifically waives any claim to same.
NOTICE
All references in this document, which includes all papers, writings, drawings, plans or
photographs to be used in connection with this document, to "Richmond County Board of
Commissioners" shall be deemed to mean "Augusta Richmond County Commission-Council and
all references to "Chairman" shall be deemed to mean "Mayor".
DISPOSALS
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 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.
PPA - 1
SP-l
Resurfacing Hephzibah - McBean Road
Project Number: C37856-07-000-0/PRC Number: 10-8009-00 (730) Cl
PCN number: C009730CI000
SPECIAL CONDITIONS
SCOPE:
This project includes the patching, milling, leveling, resurfacing and striping of roads and
streets located within Augusta in accordance with the plans and specifications. It also
includes adjusting to grade manholes and water valves. (See page G-l and the note
below addressing pages MS-l thru MS-2)
TERMINI AND LENGTH:
The beginning and ending of each individual road or street is shown on the tabulation list
contained in this document. The total length ofthis project is 11.28 miles.
PATCHING:
Asphaltic Concrete Patching includes removing areas identified by the Engineer and
replacing the existing pavement and base (if necessary). Cost will be paid as Asphaltic
Concrete Patching, per ton.
TRAFFIC LOOPS AND STRIPING:
The Contractor shall restore all traffic loops affected by milling and/or resurfacing in this
contract. Costs for restoring traffic loops shall be included in the price bid for other
items. There will be no separate payment for this work. All striping and pavement
markings shall be referenced and documented prior to any milling or resurfacing and will
be paid for under the appropriate item.
ADJUSTING MINOR STRUCTURES TO GRADE:
This item consists of raising or lowering the upper portion of existing manholes, water
valve boxes, gas valve boxes or any other miscellaneous structures within the area of
construction. There will be no separate payment for this work unless shown as a separate
pay item.
· Prior to any resurfacing, the contractor shall identify and reference all structures so
the precise locations can be determined after resurfacing. This shall be done in the
company of the ARC Inspector. This shall be the first order of work where minor
structures requiring adjustment are included in the contract.
Milling and Resurfacing: All milled roads must be followed by leveling and/or topping
within 21 calendar days.
Note: Manholes, water valves, etc. shown on Pages MS-l thru MS-2 shall be the last phase of work on this
project and specifically as directed by the Engineer. The purpose of this is to allow as much time as
possible for these roads to be resurfaced by LARP or ARC Forces.
THIS AGREEMENT, made on the day of
, 200_ by and between the
SECTION A
AGREEMENT
City of Aue:usta
party of the first part, hereinafter called the OWNER, and
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter names,
agree as follows:
ARTICLE I - SCOPE OF THE WORK:
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor
necessary, and to perform all of the work shown on the plans and described in the specifications
for the project entitled:
Resurfacing Hephzibah - McBean Road
Project Number: C37856-07-000-0 / PRC Number: 10-S009-00 (730) Cl
PCN number: C009730CI000
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 11- 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 60 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 of the work described herein
is a reasonable time for completion of the same, taking into consideration the average climatic
range and construction conditions prevailing in this locality.
A-I
A- 2
ONCE MOBILIZED, THE CONTRACTOR SHALL NOT STOP MAJOR
CONSTRUCTION ACTIVITIES FOR MORE THAN 14 DAYS, UNLESS APPROVED
BY THE AUGUSTA-RICHMOND COUNTY ENGINEERING DEPARTMENT. IN THE
EVENT THAT UNAPPROVED MAJOR CONSTRUCTION ACTIVITIES ARE CEASED
FOR MORE THAN 14 DAYS, A TOTAL OF ONE THOUSAND DOLLARS ($1.000)
SHALL BE PAID TO THE OWNER FOR EACH AND EVERY CALENDAR DAY THE
CONTRACTOR DOES NOT COMMENCE MAJOR CONSTRUCTION ACTIVITIES.
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 One
Thousand Dollars $1.000 not as a penalty, but as liquidated damages for such breach of contract
as hereinafter set forth, for each and every calendar day that the contractor shall be in default
after the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner because
of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the
Owner would, in such event, sustain, and said amounts shall be retained from time to time by the
Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and the
specifications wherein a definite portion and certain length of time is fixed for the additional
time is allowed for the completion of a work, the new time limit fixed by extension shall be the
essence of this contract.
ARTICLE III - PAYMENT:
(a) The Contract Sum
The owner shall pay to the Contractor for the performance of the contract the amount as
stated in the Proposal and Schedule of Items. No variations shall be made in the amount
except as set forth in the specifications attached hereto.
(b) Progress Payment
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-3
ARTICLE IV -ACCEPTANCE AND FINAL PAYMENT:
(a) Upon receipt of written notice that the work is ready for final inspection
acceptance, the Engineer shall within 10 days, make such inspection and when he
finds the work acceptable under the contract and the contract fully performed, he
will promptly issue a final certificate, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under
the terms and conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to the Contractor by
the owner within 15 days after the date of said final certificate.
(b) Before final payment is due, the Contractor shall submit evidence satisfactory to
the Engineer that all payrolls, material bills, and other indebtedness connected
with work have been paid, except that in case of disputed indebtedness of liens of
evidence of payment of all such disputed amounts when adjudicated in cases
where such payment has not already been guaranteed by surety bond.
( c) The making and acceptance of the final payment shall constitute a waiver of all
claims by the Owner, other than those arising from unsettled liens, from faulty
work appearing within 12 months after final payment, from requirements of the
specifications, or from manufacturer's guarantees. It shall also constitute a
waiver of all claims by the contractor except those previously made and still
unsettled.
(d) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer, so
certifies, the Owner shall upon certification of the Engineer, and without
terminating the contract, make payment of the balance due for that portion of the
work fully completed and accepted.
(e) 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.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first mentioned
above.
AUGUSTA, GEORGIA
COMMISSION-COUNCIL
(Owner)
By: (Q~y-
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CONTRACTOR:
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SEAL
Attest
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Secretary
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Witness
Bond No. 929423717
PERFORMANCE BOND
Conforms with The American Institute of Architects
A.I.A. document No. A-311
KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and, Western Surety Company, CNA Plaza, Chicaqo. Illinois 60685
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St.,
Room 605, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Three Hundred Twenty Nine Thousand Three Hundred Thirty One
and 31/100 - -- -- -- - -- - -- - -- - -- - -- - - -- - - -- -- - - - - -- - -- - -- - -- - - -- - - Dollars ($ 329,331.31 ).
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated
entered into a contract
with Owner for Resurfacing Hebhzibah-McBean Road
Project Number:C37856-07-000-0
(Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
S-1219/GEEF 10/99
CIS by GA resident agent
Page 1 of 2
R~;S;-.~~t~
"-
PERFORMANCE BOND
929423717
NOW, THEREFORE, THE CONDITION OF THIS OBLlGA TION is such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be
in default under the Contract, the Owner having performed
Owner's obligations thereunder, the Surety may promptly remedy
the default, or shall promptly
]) Complete the Contract in accordance with its terms and
conditions, or
2) Obtain a bid or bids for completing the Contract in accordance
with its terms and conditions, and upon determination by Surety of
the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even though there
should be a default or a succession of defaults under the
Signed and sealed this
/tZ:
day of
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, ~OO).
~S.--:O~
(Witness)
'7r~~ ,ko?j1-tC
(Witness)
S-1219/GEEF 10/99
Page 2 of 2
contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth
in the first paragraph hereof. The term "balance of the contract
price," as used in this paragraph, shall mean the total amount
payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to
Contractor.
Any suit under this bond must be instituted before the
expiration of two (2) years from the date on which final payment
under the Contract falls due.
No right of action shall accrue on this bond to or for the use of
any person or corporation other than the Owner named herein or the
heirs, executors, administrators or successors of the Owner.
Blair Construction, Inc., PO Box 779, Evans,
Georgia 30809
(Seal)
(Principal)
, q
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v,<.. -;0....,;;/,...7'--
(Title)
Western Surety Company, CNA Plaza, Chicago,
Illinois 60685
(Seal)
(Surety)
B ~ '.,(
Buck Leigh, Atto~act
(Title)
LABOR AND MATERIAL PAYMENT BOND
Bond No. 929 423 717
Conforms with The American Institute of Architects
A.I.A. Document No. A-311
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and, Western Surety Company, CNA Plaza, Chicaqo, Illinois 60685
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St.,
Room 605, Augusta, GA 30911 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Three Hundred
Twenty Nine Thousand Three Hundred Thirty One and 31/100 - - - - - - - - - - - - - - - - Dollars ($ 329,331.31 -).
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated
entered into a contract
with Owner for Resurfacing Hephzibah-McBean Road
Project Number:C37856-07-000-0
(Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
S-1220/GEEF 10/99
Page 1 of 2
LABOR AND MATERIAL PAYMENT BOND
929 423 717
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall
remain in full force and effect, subject, however, to the following conditions:
I. A claimant is defined as one having a direct contract with the
Principal or with a Subcontractor of the Principal for labor, material, or
both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein defined, who
has not been paid in full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's work or labor was
done or performed, or materials were furnished by such claimant, may sue
on this bond for the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable for the payment of any
costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the
Principal, the Owner, or the Surety above named, within ninety (90) days
after such claimant did or performed the last of the work or labor, or
furnished the last of the materials for which said claim is made, stating
with substantial accuracy the amount claimed and the name of the party to
whom the materials
Signed and sealed this
/~
day of
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,
~~
s.~~
(Witness)
~c2r~~
(Witness)
S-1220/GEEF 10/99
Page 2 of 2
were furnished, or for whom the work or labor was done or performed.
Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for
the transaction of business, or served in any manner in which legal process
may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
b) After the expiration of one (1) year following the date on which Principal
ceased Work on said Contract, it being understood, however, that if any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof such limitation shall be deemed to be amended so as to
be equal to the minimum period oflimitation permitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county
or other political subdivision of the state in which the Project, or any part
thereof, is situated, or in the United States District Court for the district in
which the Project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of
any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount of such lien be
presented under and against this bond.
, Zoo) .
Blair Construction, Inc., PO Box 770, Evans,
Georgia 30809
(S~al)
(P rirrcipal)
LiJJ~~~
v,' ,,"e -. ~ "",;;/.. 7-,'- ."
(Title)
Western Surety Company, CNA Plaza, Chicago,
Illinois 60685
( Seal)
(Surety)
/3~ I "~
Buck Leigh, Attorney-i Fact
(Title)
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAl" ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Thomas M Albus, Buck Leigh, Individually
of Columbia, SC, its true and lawfiJl Attomey(s).in.Pact with full power and authority hereby conferred to sign, seal atld execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts _
and to bind it thereby as fully and to the same extent as ifsuch instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confin11ed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders ofthe corporation.
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed 0/1 this 23rd day of March, 2006.
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WESTERN SURETY COMPANY
State of South Dakota
County ofMinnehaba
} ss
~~
Paul .. Bmflat, Senior Vice Presidcnt
On this 23rd day of March, 2006, before me personally came Paul T. BrufJal, 10 me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Palls, Slatc of South Dakota; that he is the Senior Vice Presidcnt of WESTERN SURETY COMPANY described in and which
executed the above instrumel1l:; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
My commission cxpires
November 30, 2006
+~""''''1>II..l'''''~'1l~~''''~'''''~~""c"''''~r'flc,,c,~~f'1l +
~ D. KREll :
, ,
$ NOTARY PUBI..IC ~V
, SOUTH DAKOTA ~~
, ,
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I, L Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attomey hereinabove set forth is still in
force, and fUlther certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the sear of the said corporation this ....-.L.~ _ day Of_.-.t2~ be.- ,~, _'
CERTJFICATE
WESTERN SURETY COMPANY
Form F4280-0 J -02
-~
~~ -
L. Nelson, Assistant Secretary
ate: 9/27/2007 Time: 2:56 PM To: Blair @ 9,17068681855
Paqe: 002-003
/ACORD
TM
CERTIFICATE OF LIABILITY INSURANCE
DATE [MMlDDIYVYY)
09/27/2007
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.
PRODUCER (770)246-8300 FAX (770)246-8301
Sutter, McLellan & Gilbreath, Inc.
1424 North Brown Road
Suite 300
Lawrenceville, GA 30043-8107
INSURED Bl ai r Construction, Inc.
Southern Asphalt
P. O. Box 770
Evans, GA 30809
INSURERS AFFORDING COVERAGE
NAlC#
National Trust Insurance
FCCI Insurance Co.
INSURER A
INSURER B:
INSURER C
INSURER D:
INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
I~ m,?;l: TYPE OF INSURANCE POLICY NUMBER PgkW~rIJig~ P\:1,~CY EXPIRATION LIMITS
GENERAL LIABILITY CPPOO04476 02/14/2007 02/14/2008 EACH OCCURRENCE $ 1,000,000
7 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50,000
r---- o CLAIMS MAllE ~ OCCUR
MED EXP (Anyone person) $ 5,000
~
A PERSONAL & I'DV INJURY $ 1,000,000
f-- 2,000,00C
GENERAL AGGREGATE $
f-- 2,OOO,00C
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $
n POLICY !Xl :;~T n LOC
AUTOMOBILE LIABILITY CA 0005458 02/14/2007 02/14/2008 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $ 1,000,000
-
ALL OWNED AUTOS BODIL Y INJURY
- $
SCHEDULED AUTOS (Per person)
A X
HIRED AUTOS BODilY INJURY
- $
X NON-OWNED .AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R .l>,NY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSlUMBRELLA LIABILITY UMBOO02841 02/14/2007 02/14/2008 EACH OCCURRENCE $ 5,000,Ooc
o OCCUR 0 CLAIMS MI'DE AGGREGATE $ 5,OOO,00C
B $
q DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND 010-WC06A-54981 02/14/2007 02/14/2008 X I WC STATU- I 10TH-
TORY LIMITS ER
EMPLOYERS' LIABILITY OFFICERS INCLUDED 1,000,000
A ANY PROPRIETOR/PARTNERIEXECUTIVE E.L. EACH ACCIDENT $
OFFICER/MEMBER EXCLUDED? EL DISEASE - EA EMPLOYEE $ 1,000,000
If Yes, describe under 1,000,000
SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $
OTHER
~ESC.RlPTION OF OPERATJONS I LOCATION.!lIVEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS $329,331.31
ro]: Resurfaclng Hephzlbah-McBean Road, Augusta. GA, Contract Amount
CERTIFICATE HOLDE
Augusta GA Commission
Room 605, Municipal Building
August, GA 30911
CANCELL ON
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Bur FAlLURE.O MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, rrs AGENTS OR REPRESENTATIVES.
AUTHO~DREPRESENTAnvE
Mark Ja
es CSP /LINDAM
~~/..uk c ~-
ACORD 25 (2001/08)
@)ACORD CORPORATION 1988
,
~
GENERAL CONDITIONS
TABLE OF CONTENTS OF GENERAL CONDITIONS
Arricle
Number Tille
DEFINITIONS................................. ............. ........
~ PRELI~lINAR Y M~4. TIERS ..... '.. ... .. .. . . ........ .... .... ........
3 CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE....... ............ .... ........
4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:.
REFERENCE POINTS. .. .. .. . .. ........ .... ....... ..,.. .... .....,..
5 BONDS AND INSURANCE. ...................... .................
6 CONTRACTOR'S RESPONSIBILITIES ............................
7 OTHER WORK .............,. ..... ........... ....;. .... .... ........
8 OWNER'S RESPONSIBILITIES....................................
9. ENGINEER'S STATUS DURING CONSTRUCTION..............
10 CHANGES IN THE WORK...... ................................... .
II CHANGE OF CONTRACT PRICE... ....... .............. ..........
!:! CHANGE OF CONTRACT TIME... ........ ........ .. . . .. .... ..., ..
13 WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOV AL OR
ACCEPTANCE OF DEFECTIVE WORK... ............. .... ....... :24
1* PAYMENTS TO CONTRACTOR AND COMPLETION ....,....... :26
15 SUSPENSroNOFWORKANDTERMINATION....... .......... 29
16 ARB ITRA TI 0 N ...................................................... 31
17 MISCELLANEOUS..... ......... ........ ....... ..... ..... .......,.. 32
3
PaRe
7 . .
..
8
9
10
11
14
18
19
19
21
21
:!4
INDEX TO GENERAL CONDITIONS
Anicie or Paragraph
Numhtr
Acceptance of Insurance ............................. S.13
Access (0 the Work .................................. 13.2
Addenda.-ietinition of (see definition of
Specifications) ................. .......... .......... ... 1
A.greemene.-iefinition of ................................ I
All PJs k Ins.ur.l.nce ...................... .. . .. . .. .. .. ... 5.6
Amendmen t. W ri[ten ............................. 1. 3.1.1
Application for Payment-definition of .................. I
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 Worle: ......................... 9.5
A vailability of Lands. ...... .. .. . . . . . . .. . . .. . . . . . . . . . . .. 4.1
A ward. Notice of--detined .............................. I
Before Starting Construction ...................... 1..5-2. i
Bid--deiinition of ....................................... I
Bonds and Insurance-in general ........................ 5
Bonds--<lefinition of. . .. '" . . .. . . .. .. . . .. . . . . ... .. . " .. " I
.Bonds. Delivery of .. ...... ............ ..........~. 1.1.5.1
Bonds. Performance and Other .................... 5.1-5.1
Cash Allowances ..................................... 11.8
Change Order-dednition of ..: .. .. .. . .. .. . . .. .. .. ... .... I
Change OrderS-to be executed ...................... 10.4
Changes in the Work ................................... 10
Claims. Waiver of-on Final Payment ............... 14.16
Clarifications and Interpretations ...................... 9.4
Cleaning ............................................. 6.1 i
Completion. . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . .. . . .. .. 14
Completion. Substantial ......................... 14.8-14.9
Conference. Preconstruction .......................... 2.8
Conflict. Error. Discrepancy-Contractor
to Report ...................................... 1.5. 3.3
Construction Machinery. Equipmeiu. etc. ............. 6A
Coneinuing Work ..................................... 6.19
. Contract Documents-amending and
supplementing: ............ ....................... 3.4-3.5
Contract Documents-definition of ................;..... I
Contract Documents-Ineent ...................... 3.1 ~3.3
Contract Documents-Reuse of ....................... J.6
Contract Price. Change of .............................. I 1
Contl'ilct Price-detinieion ............................... I
Contract Time. Change of .............................. [~
COntl'ilct Time. Commencement of .................... ::.3
Contract Time-.:lefinition of ............................ I
Contractor--derinition of ................................ 1
Contractor May SlOp Work or Terminate............. 15.5
Contractor's Continuing Obligation .................. 14.1.5
Contractor's DUty [0 Rcpon Discrepancy
in Documents. ................................. ::.5.3.1
Contractor's F~e-CostPlus ... 11.4.5.6.11.5.1.11.6-11.7
Contractor's Li:1bility Insurance............ .... .... ... 5.3
Contraclor' R 'b'J' '. J 6
s esponsl I meS"-in genera . . . . . .. . . . . .. . . .
.:/
Contractor's Warranty of Title. . . .. ..... . . .. ........ '" 14.3
Contractors---Qther .... . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Contractual Liability Insurance ........................ 5.4
Coordinating Contractor.-:lelinition of ................ 7.4
Coordination............... .......... ................. 7.4
Copies of Documents ............... .. .... .. .. . . . . . .... 1.1
Correction or Removal of DefeCtive Worle ........... 13.11
Correction Period. One Year ........................ [3.12
Correction. Removal or Acceptance of Defective
Worlc-in general .................. ......... 13.11-13.14
Cost-net decrease .................... :. ........ :... 11.6.1
Cost of Work......................... ....... ..... 11.4-IIJ
Costs. Supplemental .................. .. .. .......... 11.4..5
Day-dennition of . . . .. .. . .. ... " . " .. " .. .... . . . . . .. . . .. I
DtftcrivL'.-ietinirion of ................................. [
Dtfecrive Work. Acceptance of........... ....~..... 13.13
Dtfecrivt Work. Correction or Removal of .......... 13.11'
DtfecriveWork-ingeneral ............... 13.14.7,14.11
Dtfecrivt Work. Rejecting........ .... ......... ........ 9.6
Detinitions .............................................. 1
Delivery of Bo nds ...................................... 2. I
Determination for Unit Prices ........................ 9.10
Disputes. Decisions by Engineer... .......... .... 9.11-9.11
Documents. Copies of ................................. 1.2
Documents. Record ................................... 6.19
Documents. Reuse ....................................3.6
Drawings-definirion of ................................. 1
Easements ............................................ 4.1
Effective date of Agreement-detinition of..... . . .. . .. . .. 1
Emergencies .......................................... 6.::1
Engineer-detinition of .............. .. .. .... .. .. .. .... .. 1
Engineer's Decisions ............................ 9.10-9.12
Engineer's-Notice Work is Acceptable ............... 14.13
Engineer's Recommendation of Payment ...... 14.4. 14.13
Engineer's Responsibilities. Limitations
on ................. 6;6,9.11,9.13-9.16,18.2
Engineer's Status During ConstrUction-in general ...... 9
Equipment. ubor. Materials and...... .. .. . . . .. . ... 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
Exp[orations of physical conditions .......,........... 4.1
Fcc. COnlractor's-CoSlS Plus. .. ...... ......... .. .... 11.6
Field Order.-:letinition of ............................... I
Field Order-issued by Engineer ................ 3..5.1.9.5
Final Application for Payment............ ........... 14.12
Final Inspection ..................................... 14.11
Final Payment and .~cceptance ...................... 14. 13
Final Payment. Recommendation of .. .......... 14.13-14.14
Gcneral Provisions .............................. 17.3- [7.4
General Requiremenls-deJinilion of. . " .. .. .. . . .. . .. . . .. 1
Genernl Requirements-principal
references 10 .,............... 1.6. 4.4. 6.4. 6.6-6.7. 6.23
4
Giving Notice.............. ........ .................. 17.1
Guarantee of Work-by Contractor................ .... 13. [
Indemnification. . . . . . . . . . . . . .. .. . . . . . . .. .. .. ~.3Q...O.32, 7..5
. Inspection, Final ..................................... 14.1 [
Inspection, Tests and ..... _........................... 13.3
Insurance, Bonds and-in general ....... ..... .. .. .... .... 5
Insurance. Certificates of ........................... 2.7, 5
Insurance-completed operations. . . . . . . . . . . . . . . . . . . . .. .5.3
Insurance. Contractor's Liability...................... 5.J
Insurance. Contractual Liability....................... 5.4
Insurance. Owner's Liability ...................... ..,.. 5.5
Insurance. Property .............................. 5.c>-5.13
Insurance-Waiver of Rights ......................... .5. [I
Intent ofConclClct Documencs ................... 3.3,9.14
Interpretations and Clarifications ...................... 9.4
Investigacions of physical conditions ....... . . . . . . . .. . .. 4.2
Labor. Materials and Equipment .................. 6.3-6..5
Laws and Regulations-definition of ................... .. 1
Laws and Regulations-general ... .. ... . .. . .. .. .. .. ... 6. [4
Liability Insurance-Contractor's ..................... 5.3
Liabilicy [nsurance-Owner's .........................5.5
LiclIs--detinitions of ................................ [4.2
Limitations on Engineer's
Responsibilities .............~....... 6.6,9.1[.9.13-9.16
Materials and equipment-furnished by Contractor .... 6.3
Materials andequipment-not
incorporated in W orle .............................. 14.2
Materials or equipment--equivalent ................... 6.7
Miscellaneous Provisions. .......... ..... ......... ...... 17
Multi-prime contracts ................................... 7
Notice. Giving of ..................................... 17.1
Notice of Acceptability of Project ................... [4.13
Notice of Award-<fefinition of .......................... 1
Notice co Proceed-definition of ........ . . . . . . . . . . . . . . . .. 1
Notice to Proceed-giving of ........................ _. 2.3
"Or.Equal" Items .....................................6.7
Other contractors ............;..;....................... 7
Other work " . . . . . . . . " . . . . . . . . . . . . .. . . . . . . . . .. . . . . . . . . " i
Overtime Work-prohibition of. .......... ......... .... 6.3
Owner-<fefinition of .................................... I
Owner May Correct Defecrive Worle . ................ 13.14
Owner May Stop Worle .............................. 13.10
Owner May Suspend Work. Terminate .......... 15.[-15A
Owner's DUty [0 Execute Change Orders............. [1.3
Owner's Liability Insurnnce ........................... 5.5
Owner's Repres~n{3tive-Engineerto serve as ........ 9.1
Owner's R 'b'l' '. I 3
espons I I mes-IO genera ...... .. .. . . . . . . . .. .
Owner's S~par.lCe Representative at site............... 9.3
Partial Utilization .................................. 14.10
Partinl Utilization-definitiOll of ......................... I
Partial Utilization-Property Insurance ............... 5.15
Patent Fees and Royalties ............................ 6.1:
Payments. Recommendation of ........... [4.4-14.7. 14.13
Paymencs (0 ClJntrnctor-in genernl .................... 1-1
Payments to Contractor-when due _.......... 14.4, 14.13
Payments to Contractor-withholding ................ 14.7
Performance and other Bonds ..................... 5.1-'.2
Pennits ........ . . . . . . . .. '" . .. . . .. . .. ..... ... . .. .. . .... 6.13
Physical Conditions ................................... 4.2
Physical Conditions-Engineer's revicw ............. 4.2.4
Physical Conditions-<:xisting stroctut'eS ............. 4.2.2
Physical Condicions-<:xplorations and reportS ....... 4.2.1
. Physical Conditions-possible document change...,. 4.2.~
Physical Conditions-price and time adjustments .... 4.2..5
Physical Conditions-report of differing ............. .4.2.3
Physical Condilions-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.-:lefinition of ........ _ . _ . . . . . . .. . . .. . .. .. 1
Progress Payment. Applications for. .... ., .. ;. .. .. .. .. 14.2
Progress Paymenl-retainage ........ _._.. .... .. ...... [4.2
Progress schedule ............... 2_6. !.9, 6.6. 6.29, 15.2.6
Project.-:lelinition of ............. . . .. .. .. .. . . . . . . . . . .. .. 1
Project Represenlation-provision fo r ................. 9.J
Project Represenlative, Resident.-:lefinition ot . . .. . ... .. I
Project. Starting the ................................... 2.4.
Property Insurance.. ................... .......... 5.c>-.5.13
Property Insurance-Partial UtilizatiOll . ........ ...... 5.15
Property Insurance-Receipt and Application
of Proceeds ................................... 5.12.5.13
Protection. Safety and.... ........ .. .. .. .. .. ..... 6.2D-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 De'fecrive' Work ............................. 9.6
.Related Work at Site .............................. 7.1-7.3
Remedies Not E;(clusive ............................. 17.4
Removal or Correction of Defective Work ........... 13.11
Resident Project Rcpresentative-delinition 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 ....:....................................... 14.1
Reuse or Documents .................. ....... .. ........ 3.5
Rights of Way ......................................... . -1.1
Royalties. Patent Fees and ........................... 6.11
Safety and Prolection ....... 6.20-6.21, 18.1-18.2
Samples .......................................... 6.23-6.23
Schedule of progress ........ 1.6. 2.8-2.9. 6.6. 6.29. [5.2.6
Schedule of Shop Drawing
submissions ...................... 1.6.2.8-2.9.6.13.14.1
Schedule of values ...................... 1.6.2.8-2.9. 14.1
Schedules. Finalizing ....... ....... .. .................. 2.9
Shop Drawings and Samples. .. .... .. .. .... ...... 6.13-6.28
Shop Drawing$--(jelinition. of . . .. .. . . .. . . . . ... . . .. .. . . ... I
Shop Drawings. use 10 approve
substitutions ...................................... 6.7.3
5
Site, Visits to-by Engineer ........................... 9.2
Speciiicacions-deiinition of ............................. 1
Starting Construction. Before... .. . . .. " .. . . . . . . ... 2.S-2.8
Starting the Project. .... .. .;... ... . . . . . .. .. .. .. .. . . . .... 2.4
Slopping Work-by Contractor....... .... ............ 15.5
Stopping Work-by Owner .. ........................ 13.10
SubcoDtractor-detinition of ...... . ... . .. . .. . . .. .. . .. . . " I
Subcontractors-in general ....................... 6.8-6.11
. Subcontracts-required provisions .... ~ .. . . . . . 5.11.1, 6.11
11.4.3
Substantial Completio~ertification of .............. 14.8
SubstanualCompletiOn-<letinition of........... ......... I
Substitute or "Or-Equal" Ilems................... .... 6.7
Subsurface Conditions .............. . . . . . . . . . . . . . .. 4.2-4.3
Supplemental costs ..........................,...... 11.4.5
Supplementary Conditions-definitionof ................ 1
Supplementary Conditions-principal
references to .. 2.2.4.2. .s.l, 5.3, 5.6-5.8.6.3.6.13,6.13,
7.4,9.3
Supplementing Contract Documents ............... 3.4-3.5
Supplier-<ietinition of . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. .. 1
Suppiier-princip21 references to ... 3.6.6.5.6.7-6.9.6.20.
6.24,9.13.9.16. 11.8, 13.4. 14.12
Surety-consent to payment.................. 14.12. 14.14
Surety-Engineer has no duty to ..................... 9! 13
Surety-notice to ........... ............... 10.1.10.5,15.2.
Surety-quaIifieation 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 S~perintendence . . . . . . . .. . . . . . . . .. 6.1-6.2
Taxes-Payment by Contractor. .... ....... ....... .... 6.15
Termination-by Contractor.. .. . .. .... .. .. .. .. . . . .... 15.5
Termination-by Owner................n....... 15.2~15.4
Termination. Suspension of Work and-in general ...... 15
Tests and Inspections ........................... 13.3-13.7
Time. Ch~ge of Contract .....;........................ 12
Time. Computation of ................................ 17.2
Time. Contract-definition of....... .. .. .. .. ... .. ..... '" 1
Uncovering Work. ....... .... ........ ........ ... 13.8-13.9
UnderiTound 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
U nit Price Worle-definition of .......................... 1
Unit Price Worle-general ......... ........ 11.9. 14.1. 14.5
Unit Prices .......................... . . " . . . . .. . . . .. 11.3.1
U nit Prices. Dctenninations 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..... .. .. ... 6.25.6.17.9.5
Visits to Site-by Engineer ............ .. .. .. .... .. ..... 9.2
w;Uver of Claim~n Final Payment.. ..... ........... 14.16.
Waiver of Rights by insured partics .... .... .....r 5.10. 6.1 I
Warranty and Guarantee-by Contractor ....:.... .... 13.1
Warranty of Title. Contractor's ....................... 14.3
Work. Access to .............. ..... . .. . .. . . . .. .. .. . . .. 13.2
Work-by others ........................................ 7
Worle Continuing During Disputes ................... .6.29
Work, Cost of............ ....................... 11.4-11.5
Work-definition of ..................................... 1
Work Directive Change-<iefinition of ................... I
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-definitio!l of ...........;.......... 1
Written Amendment-principal
references to ..................... 3.4. I . 10.1, 11.2. 12.1
6
GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
Wherever used in these deneral Conditions or in the other
Conlrnct Documents the following terms hnve the meanings
indicnted which are applicnble to both the singulnr and plural
thereof:
Addenda-,-Written or graphic instruments issued prior to the
opening of Bids which clurify. correl:t or change the bidding
documents or the Contrnct Documents.
A.lfre/!/lll:'l/t- The written ngreement between OWN ER and
CONTRACTOR coverin!! the Work to be performed: other
Contract Documents are ;ttnched to che Agreement and made
a part thereof as provided therein.
,l.pplic'wioll for Pa~'lII(,l/l- 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.
Bid-The offer or proposal of the bidder submitted on. the
prescribed form setting fonh the prices for the Work to be
performed.
Bonds-Bid. performance and payment bonds and other
instruments of secunt,'.
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.
Contract Docllments- The Agreement. Addenda {which per-
tain to [he Contract Documenls). CONTRACTOR's Bid
(inclUding documentation accompanying [he Bid and any post-
Bid documentation submitted priono the Notice of Award)
when attached as an exhibit to the Agreement. the Bonds.
these General Conditions. the Su pplementary 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 JA and 3.5 Lln or after the Effective Dute of the
Agreement.
CUlI/retct Pricf'-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as Slated in the
Agreement (subject [0 the provisions of paragraph 11.9.1 in
the Cllse of U nit Price Work).
CC}//t1'tlct Till/t!- The number of days {computed as provided
in par:Jgraph 17.2) or [he dllte s[Uted in the Agreement for the
completion of [he Work.
CONTRACTOR_The person. firm or corpor.ltion ,vith whom
OWNER hus c:ntered into [he Agreemenr.
d/!fee/h'e-An adjective which when modifying the word Work
refers [0 Work that is unsatisfllctory. 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 ENGIN EER and are referred to in che Con-
tract Documents.
Effectil'f' Daft' of tlte Awnm/!}it- The date indicated in lhe .
Agreemen(on which jt becomesetfective. but ifno such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
E.VGIN EER- The person. ti.nn orcorponltion...named as such
in the Agreemenr. . if'
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.
Gellual Reqlliremellts--Sections of Division 1 of the Speci-
fications.
Laws and Regulations: Laws orRegt/lations-Laws. rules.
regulations. ordinances. codes and/or orders.
. NUli,,/! of Award-The written notice by OWNER to the
apparent successful bidoer 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 Procud-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the dace
on which the Contrnct Time wiII commence to run and on
which CONTRACTOR shaH stan to ~erform CONTRAC-
TOR'S obligations under the Contract Documents.
OWNER-The public body or authority. corporation. asso'
ciation.lirm or person with whom CONTRACTOR has .:nlered
into the Agreement and for whom the Work is to be provided.
Partial Utili:miIJlI-Placing a portion of the Work in service
for the purpose for which it is intended (or a related purposel
before reaching Substantial Completion for all the Work.
Pruject- The [otal construction of which the Work to be
provided under the Contrnct Documents may be [he whole.
or a parr as indicnted elsewhere in the Contract Documents,
Rt'sidl:'lIf Projl:'ct R,'pr/!st!lIlilfil'e- The authorized repro:sen-
tll[ive of ENGIN EER who is assigned to the site or any pan
thereof. .
7
Shop Drawings-All drawings, diagrams. illustrations,
schedules and other data which are specifically prepared by
or for CONTRACTOR to illustrate some portion olthe Work
and all illustrations. brochures. standard schedules. perfor-
mance charts. instructions. diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR to
illustrate material or equipment for some portion oithe Work.
Spt!cifications-Those portions of the Contract Documents
consisting of Written technical descriptions of materials;
equipment. const.1"1Jction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
Subcontractor-An individual. linn or corporation having a
direct contract with CONTRAcrOR or with any other Sub- .
contractor for the performance of a part of the Work at the
site.
Substamial Complt!tion-The Work(ora specified part thereof)
has progressed to the point where, in the opinion ofENGI-
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion. it is sufficiently complete. in
accordance with the Contract Documents. so that the Worle
(or specified part) can be utilized for the purposes for which
it is intended; or if there be no such certificate issued. when
final payment is due in accordance with paragraph 14.13. The
terms "substantially complete" and "substantiaIly com-
pleted" as applied to any Worle refer to Substantial Comple-.
tion thereof.
Supplementary ConditionS-The pan: of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
Suppliu-A manufacturer. fabricator, supplier. distributor.
materialman or vendor.
Undt!rground Facilitits-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.
Unit Prict Work-Work to be paid for on the basis of unit
prices.
Work-The entire completed construction or the various sep-
arately idemifiable parts thereof required to be furnished
under the Contract Documents. Work is [he result of per-
fanning s.ervices. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
Work Dir~criv~ Change-A written directive to CONTRAC-
TOR. issued on or after [he Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
ordering an addition. deletion or revision in the Work. or
responding to differing or unforeseen physical conditions under
.which the Worle is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
.Directive Change may not change the Contract Price or the
Contract Time, but is evidence that the parties expect that
the change directed or documented by a Work Directive
Chan'ge will be incorporated in a SUbsequently issued Change
Order following negotiations by the parties as to its effect; if
any, on the Contract Price or Contract Time as provided in
paragraph 10.1.
Wrirun Amendmtflt-A written amendment of the Contract
Documents. signed by OWNER and CONTRAcrOR on or
after the Effective Date of the Agreement and nonnally deal-
ing with the nonengineering or nontechnical rather ih.an saiellY
Work.related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS
,
".
D,liv,ry of Bonds:
1.1. When CONTRAcrOR delivers the executed Agree-
mentsto OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5. L
Copi,s ofDocum,nts:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in tbe 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.
Comm,nC'17uml of Contract Tim'.. NotU;, to Procud:
2.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date olthe Agreement. or. if
a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thirty days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
SllUting th, Proj,cr:
1.4. CONTRACTOR shall start to perform [he Work on
the date when the Contract Time commences to run. but no
Work shall be done at the site prior to [he date on which the
Contract Time commences to run.
Bt/ort Slarting Construction:
2.5. Before undertaking each part Of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
8
[hereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writjng [0 ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER oefore proceeding with any Work
affected thereby: however. CONTRACTOR shall not be lia-
ble to OWNER or ENGIN EER for Failure to report any
conflict. error or discrepancy in [he Contract Documents.
unless CONTR.,KTOR had :lctua! knowledge thereof or should
reasonably have known [hereof.
1.6. Within ten davs after lhe Effective Date of the Agree-
ment (unless otherwise specified in [he General Require-
ments). CONTRACTOR shall submit to ENGr?',j EER for
review:
1.6.1. an estimated pr.ogress scheaule indicating [he
starring and completion dates of the various stages of [he
'Work:
2.6.2. a preliminary schedule of Shop Drawing sub.
missions: and
1.6.3. a preliminary schedule of values for all of lhe
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 [he
basis for progress payment~ during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which wilt be'con-
firmed in writing by CONTRACTOR at the time. of sub-
mission.
2.7. Before any Work at the site is started. CONTRAC-
TOR shall delh'er to OWNER. Wilh 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 land
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5,6 and5.7.
Puconstrucrion Conference:
~.8. Within twenty days after the Effective Dote of the
Agreement. but before CONTRACTOR starts [he Work at
the site. a conference attended by CONTRACTOR. ENGI-
NEER and others as appropriate will be held 10 discuss the
schedules referred 10 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 (he Work.
Finali::.ing Schedules:
~.9. At Ic:ast ren duys before submission of [he: first Appli-
cation for P~\yment a conference uuended by CONTRAC-
TOR. ENGIi'JEER nnd uthers us appropriate will be held [0
finalize the ~.:hedules submitted in accordance;: with para-
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 ENGIN EER as to form and substance.
ARTICLE 3-CONTRACT DOCUME~TS: INTENT."
AMENDING. REUSE
[nunt:
3.1. The Contract Documents comprise lhe entire agree-
ment between OWNER and CONTRACTOR concerning rhe
Work. The Contract Documents are complemen[ary: what is
called for by one is as binding as if called (or by all. The
Contract Documents will be construed in accordance with
lhe law of the place of lhe Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereat) 10 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
lhe 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_
ono the Laws or Regulations of any governmental aUthorilY.
whether such reference 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 Bids).
except as may be otherwise specifically staled. However. no
provision of any referenced standard specification. manual
or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be effective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGINEER. or any of their consuitants. agents or .:mploy-
ees from those set forth in the Contract Documents. nor shall
it be effective to assign 10 ENGINEER. or any of ENGI-
NEER's consultants. agents or employees. any duty or
authoritv to supervise or direct [he furnishing or performance
of the Work or any duty or authority to undertake responsi.
bility contrary to the provisions of paragraph 9.15 ur 9.16.
Clarifications and interpretations of the Contract Documents
~hall be issued by ENGINEER as provided in paragraph 9.40
3.3. If. during the performance of the Work. CONTRAC-
TOR finds a conrticl. errur or discrepancy in the Contract
Documents. CONTRACTOR shall so report to ENGINEER
in writing at once amI before proceeding with the Work :ltfect.:d
thereby shall oblain a written in.terpretution ur c1aritication
9
from ENGINEER: however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to repon any
conflict. error or discrepancy in the Contract Documents
unless CONTRACfOR had actual knowledge thereof or should
reasonably have known thereof.
Amending and Supplementing Conrra.ct Documents:
3.4. The Contract Documents may be amended to pro-
vide for additions. deletions and revisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways:
3.4.1. a formal Written Amendment.
3.4.1. a Change Order (pursuant to paragraph 10.4),
or
3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
As indicated in paragraphs 11.1 and .12.1 ~ Contract Price and
Contract Time may only be changed by a Change Order or a
WrittenAmendment,
3.5. In addition. the requirements of the Contract Docu-
ments lIlay be supplemented. and minor variations and devia-
tions in the Work may be authorizcd, in onc or more of the
following ways:
3..5.1. a Field Order (pursuant to paragraph 9.5),
3.5.1. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27). or
3.5.3. ENGINEER's written intcrpretation or clariti-
cation (pursuant to paragraph 9.4).
ReUSt! of Docu.ments:
3.6, Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
n~hing any of the Work under a direct or indirect contract
will1 OWNER shall have or acquire any title to or ow.nership
rights in any of the Drawings. Specitications or other dcx:u-
menu (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
veritication or adaptation by ENGINEER.
ARTICLE +-A V AILABILlTY OF LANDS; PHYSICAL
CONDITIONS: REFERENCE POINTS
A vlZiJahiJily of La.n.tis:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be per-
formed. rights-of-way and easements for access thereto, and
. .
such other hinds which are designated for the use of CON-
TRACTOR. Easements for permanent structures or penna-
[,lent changes in existing facilities will be obtained and paid
for by OWNER. unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor a.s
provided in Anicle 1:2. CONTRACTOR shall.provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physu:ai Conditions:
4.1.1. Explorations and Reports: Reference is made
to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data ~ntained in
such reports. but not upon nontechnical data."interpreta..
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes. Except as indi.
cated in the immediately preceding sentence and in para-
graph 4.2.6. CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site.
4.2.2. Existing Structur~s: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to cxisting
surface and subsurface structures (exccpt Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous [0 the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete.
ness thereof for CONTRACTOR's pUf1Joses. Except as
indicated in .the immediately preceding sentence and in
paragraph 4.2.6. CONTRACTOR shaH have fuH respon.
sibility with respect to physical conditions in or relating
to such structures.
4.2.3. Reporr of Differing Condirions: If CONTRAC.
TOR believes that:
4.2.3.1. any technical data on which CONTRAC.
TOR is entitled to rely as provided in paragraphs 4. ~.l
and 4.1.:2 is inaccurate. or
4.:2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi.
cated. reflected or referred to in the Contract Docu.
ments.
CONTRACTOR shall. promptly after becoming .aware
thereof and before performing any Work in connection
therewith (excep[ in an emergency as -permitted by para.
graph 6.22). notify OWNER and. ENGINEER in writing
about the inaccuracy or difference.
10
~.:!.~. ENGINEER's Rl!l'il!l\': ENGINEER will
promptly review the pertinent conditions. determine the
necessity of obtaining additional e.'<plorations or tests with
respect thereto and advise OWN ER in writing (with a copy
[0 CONTRACTOR) of ENGINEER's findings and con-
clusions.
4.2.5. Possihle Domment C/lCln.~e: If ENGINEER
concludes that there is a material c:rror in {he Contract
Documents or that because of newly discovered condi~
tions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 [0 reflect and uocument the
consequences of the inaccuracy or difference.
4.2.6. PO.fsihle Price IInd Tim/! Adjustmellts: In each
such case. an increase or decrease in the Contract Price
or an e.xtension or shortening of the Contract Time. or any
combination thereof. will be allowable to the eXtent that
the}' are :mributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles I J and 12.
Physical Conditions-Cndtrground Faciiiti~s:
4.3.1. Slroll'n or Indicated: The information and data
shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to tlie
site is based on information and data furnished to OWNER
or ENGINEER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or .completeness of any
such information or data: and.
.U.1.2. CONTRACTOR shall have fun responsi-
bility for reviewing and checking all such information
and dlita. for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina-
lion of the Work with t/:le owners of such Underground
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6.~O and
repairing any damage thereto resulting from Ihe Work.
the cost of all of which will be considered as havinlZ
been included in [he Contract Price. -
~.J.2. Not Shown or Indicu/I!d. If an Underground
Facilitv is uncovered or revealed at or contilZuous to the
site which was not shown or indicated in the Contract
DOcuments nnd which CONTRACTOR could not reason-
ably have been e;(p~cted to be aware of. CONTRACTOR
shall. promptly after becoming aware thereot' and before
performing any Work atfected thereby (except in nn emer-
gency as permitted by paragraph 6.22), identify the owner
of such Underground FacililY and give written notice thereof
to that owner and tll OWNER llml ENGINEER. ENGI-
NEER will promplly review the Unuerground Facility 10
determin~ the e)uent to which the Contract Documents
should be modified to reflect and document the conse-
quences of the exislence of the Underground Facility, and
the Contract Documents will be amended or supplemented
to the extent necessary. During such lime. CONTRAC..
TOR shall be responsible I'M the safety and protection of
such Underground Facility as provided in paragraph 6,20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or nn extension of the Contract Time. or both.
to the eXtent that they are attributable to the e~istence of
any Underground Facility that was not shown or indicaled
in the Conrract Documents and which CONTRACTOR
could not rensonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof, CONTRACTOR may make a claim therefor as
provided in Articles II and 12.
Reference Points:
4.4. OWN ER shall provide engineering surveys to estab-
lish reference points for construction whichin ENGINEER's
judgment are necessary to enable CONTRACT~R: to proceed
with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements), . shaH protect and preserve the established
reference poinls and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR ~ha/l repQrt ro ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon.
sible for the accurate replacement or relocation of such ref-
erence pornts by professionally qualified personnel.
ARTICLE 5-BONDS AND INSURANCE
Performanct and Other Bonds:
5. J. CONTRACTOR shall furnish performance and pay-
ment Bonds. each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu.
ments. These Bonds shall remain in effect at least until one
year after thc date when final payment becomes due. except
as otherwise provided by Law or Reguladon or by the Con.
Iract Documents. CONTRACTOR shall also t'urnishsuch
orher Bonds as are required by the Supplementary Condi-
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Cerrificates of Authority as Acceptable Sure.
ties on Federal Bonds and as Acceptable Reinsuring Com- .
panics" as published in Circular 570 (amended) by the .~udit
Staff Bureau of Accounts. U.S. Treasury Depanmenc. All
Bonds signed by an agent must be accompanied by a certified
copy of the authority to ace.
5.:!. If the surety on any Bond furnished by CONTRAC-
TOR is declured a b:uikrupt ur becomes insolvent or its right
[0 do business is terminatecl in any stale where any pon of
I I
the Project is located or it ceases to meet the requirements
of paragraph 5.1. CONTRACTOR shall within five days
.thereafter substitute another Bond and Surety. both of which
must be acceptable to OWNER.
C OTllJ"a.Ctor's Li4h iJiJy 1 nsurancI:
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate {or the Work being performed and furnished and
as will provide protectiQn from claims set forth below which
may arise oUt of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other obligations under the Contract Documents. whether it
is to be performed or furnished by CONTRACTOR. by any
Subcontractor. by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' orworkmen's compen.
sation. disability benefits aild other similar employee ben-
efit acts; .
5.3.1. Claims for damages because of bodily injury,
occupational sickness or disease. or death of CONTRAC-
TOR's employees; .
5.3.3. Claims for damages because of bodily injury.
sickness or disease. or death of any person other than
CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained (al by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR. or
(b) by any other person for any other reason:
5.3.5. Claims for damages. other than to the Work
itself. because of injury to or destruction of tangible prop-
erty wherever iocated. inciuding loss of use resulting
therefrom:
5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages because of bodily injury or death of
any person or for damage to property; and
5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership. maintenance or use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include
the specitic coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions. or required by Jaw, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur-
ance so required to be purchased and maintained (or the
ceniticates or other evidence thereoO shall contain a provi-
sion or endorsement that the coverage afforded will not be
cancelJed. materially changed or renewal refused until at least
thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance sball
. remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting. removing or
replacingdefecrivt Work in accordance with paragraph 13.12.
In addition. CONTRACTOR shaLl maintain such completed
operations insurance for at least two years after tinal payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one ye3l" thereafter.
Contractual. Llahility InsurancI:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.. .
Owner's l.i4bility I nsUTanCI:
5.5; OWNER shall be responsible for purchasing and
maintaining 0 WNER 's own liability insuran~e and. at
OWNER's option. may purchaSe and maintain such. insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents.
ProplrTy InsurancI:
5.6. Unless otherwise provided in the Sl1pplemencary
Conditions. OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insl1rable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws .
and Regulations). This insurance shall include the interests
of OWNER. CONTRACTOR. Subcontractors, ENOINEER
and ENOrNEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured parties. shall insure
against the perils of fire and extended coverage and shall
include "all risk" insurance for physical loss and damage
including theft. vandalism and malicious mischief. collapse
and water damage. and SUCh other perils as may be provided
in the Supplementary Conditions. and shall include damages.
losses and expenses arising out of or resulting frdm any insured
loss or incurred in the repair or replacement of any insured
property (inclUding but not limited to fees and charges of
engineers. architects. attorneys and other professionals!. If
not covered under the "all risk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRAcrOR shall
purchase and maintain similar propeny insurance on portions
of the Work store:d on and off the site or in transit when such
portions of the Work are to be: included in an Application for
Payment.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by [he Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER.
CONTRACTOR. Subcontractors, ENGINEER AND
ENGINEER's cOnSUI[llnts in the Work. all of whom shall be
listed as insured or additional insured panics.
12
5.8. All the policies 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 provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to CONTRACTOR bv certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests
of CONTRACTOR. Subcontractors or others in the Work to
the extent of any deductible amounts that arc provided in the
Supplementary Conditions. The risk of .Ioss within the
deductible amount, will be borne by CONTRACTOR. Sub.
contractor or others suffering any such loss and ifany of them
wishes property insurance coverage within the limits of such
amounts. each may purchase and maincain it at the purchas-
er's own expense.
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy. OWNER shaH. if possible. include such insurance. and
the COSt thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendmenc. Prior to com-
mencement of the Work at the site. OWNER shall in writing
advise CONTR.A..CTOR whether or not such other insurance
has been procured by OWN ER.
Waiver oj Rights:
5.11.1. OWNER and CONTRACTOR waive aH rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work. and also
waive all such rights against the Subcontractors. ENGI-
NEER. ENGINEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11. each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI.
NEER's consultants and all other parties named as insureds,
None of the above waivers shaH extend to the rights that
any of the insured parties may have to the proceeds of
insurnnce h~ld by OWNER ns trustee or otherwise p?-y_
able under any policy so issued.
5. [1.2. OWNER and CONTRACTOR intend [hat any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provid~ primary
cOv~rage for ullloss~s and damages caused by the perils
CO\'~red th~reby, Accordingly. all such policies shnll con-
tain provisions to [he effect that in the event of payment
of nn y loss ur dnml.lge the insurer will have no righls of
recovery a~winsl any of the parties named as insureds llr
additional insureds. and if (he insurers require s~par:.1t~
waiver forms to be signed by ENG[NEER or ENG[-
NEER's Cllnsultant OWNER will ubtain the same. and if
such waiver fonns are required of any Subcontractor.
CONTRACTOR will obtain the same.
Rtctipt and Application oj Procerds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWN ER as trustee for the
insureds. as their interests may appear. subject to the require.-
mencs of any applicable mortgage clause and of paragraph
5. [3. OWNER shaH deposit in a separ11-te account any money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other.
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account. thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment,
5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen (jays after'the
occurrence of loss to OWNER's exercise of This power. If
such objection be made. OWNER as trustee shall make set-
tleinent with the insurers in accordance with such agreement
as the parries in interest may reach. If required in writing by
any party in interest. OWNER as trustee shaH. upon the
occurrence of an insured loss. give bond for the proper per-
formance of such duties. .
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded
by or other provisions of the insurance reqt:ired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5.4 on the basis of its not complying
with the COIHract Documents. OWNER shaH notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such certificates to OWNER in accordance with
paragraph 2.7. If CONTRACTOR has any objection to the
coverage a.fforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their no~ complying with the Contract Documents. CON-
TRACTOR shaH notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph :'.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as theather may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within'
the time provided shall constitute acceptance of such insur-
ance purchased by the other as complying with the Contract
Documents.
Partir11 Utili~tion-Properry Insurance:
5.15. If OWNER nnds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Comple-
lion of all the Work. such use or occupancy may be nccom-
plished in accordance with paragraph 14./0: provided that no
13
such use or occupancy shall commence before the insurers
providing the property insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insur.
ance shall consent by endorsement on the policy or policies,
but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
Supervision and Supcrilll~ruJenct:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto.
and applying sueD skills and expertise as may be necessary
to perfonn the Work in accordance with the Contract Doc-
uments. CONTRACTOR shall be solely responsible for the'
means. methods. techniques. sequences and procedures of
construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means, method. technique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
6.:. CONTRAClOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
Wor, Matu';..a!s and Equipment:
6.3. CONTRACTOR shall provide competent. suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintaIn good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or
adjacent [hereto. and except as otherwise indicated in the
Contract Documents. all Work at the site shaH be perfonned
during regular working hours. and CONTRACTOR will not
permit overtime worle or the performance of Work on Sat-
urday. Sunday or any legal holiday without OWNER's writ-
ten consent given after prior written notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment. labor. transportation.
construction equipment and machinery. tools. appliances.
fuel. power. light. heat. telephone. water. sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing; performance. testing. start.up
and. completion of the Work.
6.5. All materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Doc.
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence (including reports of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed. con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assign to
ENGINEER. or an y of EN GIN EER' s consultants. agents or
employees. any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author.
ity to undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16.
Adjusting Progress Schtduu:
6.6. CONTRACTOR shall submit 10 ENGINEER for
acceptance (to the extent indicated in paragraph 1.9) adjust-
ments in the progress schedule to re/lect the impact thereon
of. neW developments: these win confonn generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
Substitutes or "Or.Equal" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the naming of the item is intended to establish [he type.
function and quality required. Unless the name is followed
by words indicating that no substitution is permitted.
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient infonnation is submitted by
CONTRACTOR [0 allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI.
NEER from anyone other than CONTRACTOR. If CON.
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof,
certifying that the proposed substitute will perform ade.
quately the functions and achieve the resu( ts called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec.
ified. The application will state that the .evaluation and
acceptance of lhe proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple.
lion on lime. whether or not acceptance of the substitute
for use in the Work will require a change in any or the
Contract Documents (or in the provisions of any. 'other
direct contract with OWNER for work on the Project) to
adapt lhe design to the proposed substitute and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license fee or
14
royalty. All variations ofrhe proposed substitute from that
specified will be identifieLl in the applicution and available
maintenance, repair and replacement service will be indi-
cated. The application will al50 contain an itemized esti.'
mace orall costs that will result uirectly or indirectly from
acceptance of such substitute, incluLling costs of redesign
and claims of other contractors affected by the resulting
change. all of which shall be considered by ENGINEER
in evuluating the proposed substitute. ENGINEER mar
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposeLl substitute.
6.7.2. If a specific means. method. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTORmay furnish or
utilize OJ. substitute means. method. sequence. technique
or procedure of construction acceptable co ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine chat the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedure for review by E).lGINEER
will be similar to that provided in paragraph 6.7.1 as applied
by ENGINEER and as may be supplemented in [he Gen-
eral Requirements.
6.7.3. E:--IGINEER ~....ill be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability. and no
substitute will be ordered. installed or utilized without
ENGINEER's prior written acceptance which will be evi.
denced by ~ither a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur.
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGfNEER accepts a proposed substitute. CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluat-
ing each proposed substitute,
Corrceruing Subcontractors. Suppliers and Others:
6.8.1. CONTRACTOR shall not employ anrSubcon-
tractor. Supplieror other person or organization lincluding
those acceptable to OWNER and ENGINEER as indi-
cated in paragraph 6.8.2). whether initially or as a substi-
tute, against whom OWNER or ENGINEER may ha\'e
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. Supplier or oth~r person l1r
organization to furnish or perform any of the Wurk against
whom CONTRACTOR has reasonable objectil1n,
6.11,~. If the Supplementary Conditions r~quire th~
identity of I:~rtajn Subcontractors. Suppliers or other per-
sons or on:anizotions fincluJinlZ those who are co furnish
the princip'"ul items uf materials ;nd equipment) tu be sub-
mitteu to OWN ER in advance of the specified dale priur
to the En"el:tive Date of the Agreement for acct:pcunce by
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple.
mentary Conditions. OWNER's or ENGINEER's accept-
ance (either in writing or by failing to make written objec.
tion thereto by the L1ate indicated for acceptance or objec.
[ion in the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due in vestigation. in which case
CONTRACTOR shall submit an acceptable substitute. the.
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Wnlten Amendment signed.
No acceptance by OWNER or ENGIN EER of any such'
Subcontractor, Supplier or other person or organization
shall constitute a waiverofany riglltofOWNER or ENGI-
NEER to reject defeeth'e Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing :lny of the Work und~r a direct or
indirect contract with CONTRi\CTO R just as CONTRAC-
TOR is responsible forCONTRACTOR'sown acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor. Supplier or other person or
organization. nor shall it create any obligation on the part of
OWNER or ENGINEER to payor to. see to the payment of
any moneys due any such Subcontractor. Supplier or other
person or organization except as may otherwise be required
by Laws and Regulations,
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not doncrol CON.
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be perfonned by any
specific trade.
6. i i. .-\li Work performed for CONTRACTOR by a Sub.
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENG INEER and contains waiver provisions
as requireLl by parngraph 5.11. CONTRACTOR shall pay
~ach Subcontractor n just share of any insurance moneys
received by CONTRACTOR on accounl of losses under pol.
icies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.11. CONTRACTOR shall payall license fees and roy.
alties and assume all costs incident to the use in the perfor-
mance of the Wurk or the incorporation in the Work of any
invention. design. process. product or uevice which is che
subject of patent rights ur copyrights held by ochers. If a
pllrticular invention. design. process. prouuct ur device is
specified in the Cuntract Documents for use in the perfor-
mance oflhe Worbmd iflO the actual knowledge of OWN ER
/5
or ENGINEER its Use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to others.
the existence of such rights sball be disclosed by OWNER in
the Contract Documents. CONTRACFOR shall indemnify
and hold harmless OWNER and ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims, da.mages. losses and expenses (including
attorneys' fees and court and arbitration costs) arising out of
. any infringement of patent rights or copyrights incident to
the use in the performance of [he Work or resulting from the
incorporation in the Work of any invention. design. process.
product or device not specified in the Contract Documents.
and shall defend all such claims in connection with anY alleged
infringement of such rights.
Pmnils:
6.13. Unless otherwise provided in the Supplementary
Conditions. CONTRACFOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON.
TRACTOR. when necessary. in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
which arc applicable at the time of opening of Bids. or if there
are no Bids on the Effective Date of the Agreement. CON.
TRACTOR shall pay all charges of utility owners for con.
nectionsto the Work. and OWNER shall pay all charges of
such utility owners for capital costs related thereto such as
plant investment fees.
UK/$' arul RegulDJ:Wns:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations. neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations.
6.14.2. If CONTRACTOR observes that the Specifi-
cations or DraWings are at variance with any Laws or
Regulations. CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to
. such Laws or Regulations. and without such notice to
ENGINEER. CONTRACTOR shall bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and DraWings are in accordance with such Laws and
Regulations.
Taxes:
6.15. CONTRACTOR shall pay all sales. consumer. use
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
place of the Project which are applicable during the perfor-
mance of the Work.
USI of Premises:
6.16. CONTRACFOR shall confine consO'Uction equip-
ment. the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations. rights-
of-way, permits and easements. and shall not unreasonably
encumber the premises with constJ1lction equipment or other
materials or equipment. CO NTRA CTO R shall assume full
responsibility for any damage to any such land or area. or to
the ownet or occupant thereof or of any land or iU'eas contig-
uous thereto, resulting from the perfonnance of the Worle.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work. CONTRACFOR shall promptly attempt to settle
with such other party by agreement or otherwis~ resolve the
claim by arbitration or at law, CONTRACTOR !hall, to the
fullest extent permitted byLaws and Regulations. indemnify
and hold OWNER and ENGINEERharrnJess from and against
all claims. damages. losses and expenses (including, but not
limited to, fees of engineers. architects. attorneys and other
professionals and COUrt and arbitration costs) arising directly,
indirectly or consequentially out of any action. legal or equi.
table. brought by any such ocher party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRA(:TOR's performance of che Work,
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remo.ve
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 sha!lleave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all property not
designated for alteration by the Contract Documents.
6.18. CONTRACFOR shall nbt load nor permit any part
of any structure to be loaded in any manner that will endanger
. the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
RIcard DocumclIls:
6.19. CONTRACTOR shall maintain in a. safe place at
the site one record copy of all Drawings. Specifications.
Addenda. Written Amendments. Change Orders. Work
Directive Changes. Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available to ENGINEER for reference, Upon com-
16
pletion of the Work. these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
Safecy and Protection:
6.20. CONTRACTOR shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all. necessary precautions for rhe safety of. and shall
provide the necessary protection ro prevent damage. injury
or loss to:
6.20.1. all employees on the Work and other persons
and organizations who may be atTected thereby:
. 6.20.2. all the Work and materials and equipment to
be incorporated therein. whether in storage on or otf rhe
site: and
6.10.3. other property at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pavements. road.
ways. Structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons ,or property or to protect them from damage.
injury or loss: and shall erect and maintain all necessary
safeguards for SUch safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners when prosecution of the Work
may affect them. and shall cooperate with them in the pro-
tection. removal. relocation and replacement of their prop-
erty. All damage. injury or loss to any property referred to
in parqgraph 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 imii-
rectly employed by any of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable.
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or [0
the acts or omissions of OWNER or ENGINEER or anyone
employed by eilher of them or anyone for whose acts either
of them may be liable. and not attributable. directly or indi.
rectl~'. in whole or in part. to lhe fault or negligence of CON-
TR..KTORl. CONTRACTOR's duties and responsibilities
for the safet}' nnd protection of the Work shall continue until
such time as all rhe Work is completed and ENGI~EER hus
issued a notice to OWNER and CONTRACtOR in accord.
ance with paragraph 14.13 that the Work is acceptable (e.'(cept
as olherwise expressly provided in connection with Substan-
tial Completionl.
6.21. CONTRACTOR shull designate a resp~lnsible n:p-
resentutive at the site whose Juty shall be the prevention lIt'
accidents. This persun shall be CONTRACTOR's superin-
rendent unless otherwise Jesiunated in writing by CO;-.;.
TRACTOR to OWNER. ~
Emugmcies:
"
6.1::. Cn emergencies affecting the safety or protection of
persons or rhe Work or property (I.[ the site or adjacent thereto.
CONTRACfOR. without special instruction or authorization
from ENGINEER or OWNER. is obligated to act to prevent
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes
that any significant changes in the Work or variations from
the .Concract Documents have been caused thereby. IfENGI-
NEER determines that a change in the Contrnct Documents
is required because of the actio n raken in response 10 an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or.
variations.
Shop Drawing1 and Sample1:
6.::3. After checking and verifyi ng aU field measurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accQr.dance with the
accepted schedule of Shop Drnwing submissions (see para-'
graph 2.9). or for other appropriate action if so indicated in
the Supplementary Conditions. five copies (unless otherwise
specified in the General Requirements J of a II Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilitil:s under the Contract Documents with respect to [he
review of the submission. All submissions wiII be identified
as ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities. dimerl-
sions. specified performance and design criteria. materials
and similar data to enable ENGINEER [0 review [he infor-
mation as required.
6.24. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause
no delay in Work. all samples required by the Contract Doc-
uments. All samples wiii have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly LIS [0 material. S4Pplier.
pertinent data such as catalog numbers and the use for which
intended.
6.~5.1. Before submission of each Shop Drawing or
sample CONTRACTOR shall hnve determined and veri. .
lied all quantities. dimensions. sp~cilied performance cri-
teria. installation requirements. materials. catalog num-
bers and similur data with respect thereto and reviewed
or coordinated each Shop Drawing or sumple with other
Shop Drawings and samples and \vith the requirements of
the Work and [he Contract Documents,
6.25.2. At the time of each submissiun. CONTRAC-
TOR shull give ENG INEER spedfic written notice of each
variatiun that the Shop Drawings or samples muy have
from the requirements lIt' the C~lntrac:t Documents. and.
in addition. shllll cause: a specific notation 10 be mude on
17
each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
6.26. ENGINEER will review and approve with reason-
able promptnes.s Shop Drawings and samples. but ENGI-
NEER's review and approval will be only for confonnance
with the design concept of the Project and for compliance.
with the information given in the Concract Documents and
shall not extend to means. methods. lechniques. sequences
or procedures of construction (except where a specilic means.
method. technique. sequence or procedure of construction is
indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CON-
TRACTOR shall make corrections required by ENGINEER.
and shall return the required number of corrected copies of
Shop Drawings and submit as required new samples for review
and approval. CONTRACTOR shall direct specific attention
in writing to revisions other than the corrections called for
by ENGINEER on previous subc1ittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of SUbmission as required by paragraph 6.15.1 and
ENGINEER has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve CONTRACfOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25.1.
6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work perfonned prior to ENGI-
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
Corrtimung liz, Work:
6.29. CONTRACfOR shall carry on the Work and adhere
to the progress schedule dUring all disputes or disagreements
~ith OWNER. No Work shall be delayed or postponed pend-
Ing resolution of any disputes or disagreements. except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise agree in writing.
I tui6mnification:
6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and. hold harmless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims. dam.ages. losses and
expenses. direct. indirect or consequential (including but not
limited to fees and charges of engineers. architects. attorneys
and other professionals and court and arbitration costs) aris-
ing out of or resulting from the performance of thi: Work.
provided that any such claim. damage. loss or expense (a) is
attributable to bodily injury. sickness. disease or death. orto
injury to or destruction of tangible property (other than the
Work itselO including the loss of use resulting therefrom and
(b) is caused in whole or in pan by any negligent act or
omission of CONTRACTOR. any Subcontractor. any person
or organization directly or indirectly employed by any of them
to perform or-furnish any of the Worle or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in pan by a pany indemnined hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such party.
6.31. In any and all claims against OWNER or ENGI.
NEER or any of their consultants. agents or ~mployees. by
any employee of CONTRACTOR, any Subcontrac1or. any
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable. the indemnilication
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or type 1;f damages. .
compensation or benefits payable by or for CONTRACfOR
or any such Subcontractor or other person or organization
under workers' or workmen's compensation acts. disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants, agents or employees arising out
of the preparation or approval of maps. drawings. opinions,
reports. surveys. Change Orders. designs or specifications.
ARTICLE 7-OTHER WORK
R,Jaud Work at Silt:
7.1. OWNER may perform other workrelated to the Proj-
ect at the site by OWNER's own forces. have other work
perfonned by utility owners or let other direct contracts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contract Documents, written notice thereof will be
given to CONTRACTOR prior to starting any such other
work: and. if CONTRACTOR believes that suchperfor-
mance will involve additional expense to CONTRA.CTOR or
requires additional time and the paniesare unable to agree
as to the extent thereof. CONTRACfOR may make a claim
therefor as provided in Articles II and 12.
7.1. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER. if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity. for the introduction and storage of
materials and equipment and the execution of such work. and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, tining and patching of
the Work that may be required to make its several parts come
togctherproperly and integrate with such other work. CON-
18
TRACTOR shall not endanger any work of others by cutting.
excavating or otherwise altering their work and will only cut
or alter their work with the written consent of ENGINEER
and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWN ER and such utility owners and other contractors.
7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
conlractor or utility owner lor OWNERl. CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defeCts and deficiencies in tbe other work.
Coordination:
7.4. If OWNER Contracts with others for the perfor-
mance of other work on the Project at the site. the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions.
and the specific matters to be covered by such authority and
responsibility will be itemized, and the extent of such author-
ity and res ponsibilities will be provided. in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions. neither OWNER nor ENGINEER shall have anv
authority or responsibility in respect of such coordination. -
ARTICLE 8-0WNER'S RESPONSIBILITIES
8.1. OWN ER shall issue all communications [0 CON-
TRACTOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of the former
ENGINEER, Any dispute in connection with such appoint-
ment shall be subject to arbitration.
8.3. OWNERshall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs [4.4 and 14.13.
8.4. OWNER's duties in respect of providing lands and
easements nnd providing engineering surveys to t:stablish
reference points are set forth in paragraphs 4.1 and 4.4. Para-
graph 4.2 refers to OWNER's identifying and making avail-
able to CO NTRACTOR copies of reports of explorations and
tests of subsurt'ace conditions at the site and in t:xisting struc-
~.--....
tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forch
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph IDA.
8.7. OWNER's responsibility in respect of certain
inspections, tests and approvals is set forth in paragraph 1304.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.10 and li.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION ~
Owners Representative:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENG INE ER as 0 WNER's
representative during construction are set forth in the Con-
tract Documents and shall not be e:<tended without written
consent of OWNER and ENG INEER.
VLrits 10 Site:
9.2. ENGINEER will make visits to [he site at intervals
appropriate to the various stages of construction (0 observe
the progress and quality of the executed Work and to deter-
mine. in general. if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required
co make exhaustive or continuous on-site inspections [0 check
the quality or quantity of the Work. ENGINEER's dfom
will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform to the
Contract Documents. On the basis of stich visits and on-site
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed of th~ prog.
ress of the Work and will endeavor eo guard OWNER against
defects and deficiencies in [he Work.
Projtct Representation:
9.3. If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Project Representa.live to assist
ENGINEER in observing the performance ofehe Work. The
duties. responsibilities and limitations of auehority of a.ny
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWN ER at the site
who is not ENGINEER's agent or employee. the duties.
responsibilities and limirutions of authority of such other
person will be as provided in the Supplementary Conditions.
19
CUzrijicalions and /nurprttalWru:
9.4. ENGINEER will issue with reasonable p'romptness
such written clariJications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings
or otherwise) as ENGINEn may detennine necessary. which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR
believes that a written clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract TIme and the parties are unable to agree to the
amount orextent thereof. CONTRACTOR may make a claim
therefor as provided in Ankle II or Article 12.
AUlhoriud Yar.atioru in Work:
9.5. ENGINEER may authorize minor variations in the
Work: from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Concract Time and are consistent with the overaJ.l intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER. and also on
CONTRACTOR. who shall perform the Worle involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Conuact Price or an extension of
the Contr-act Time and the parties are unable to agree as to
the amount or eXtent thereof. CONTRACTOR may make a
claim therefor as provided in Article 11 or 12.
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work: which ENGINEER believes to be defecrive. and
will also have authority to require special inspection or testing
of the Worle as provided in paragraph 13.9. whether or not
the Work is fabricated. installed or completed.
Shop Drawings, Chang, OruT'$ and Paymerus:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples. see paragraphs 6.13 through
6.29 inclusive.
9.8. In connection with ENGINEER's responsibilities as
to Change Orders. see Anicles 10. II and 12.
9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment. etc., see Article 14.
Dl!lermincuions for Unu Pric,s:
9.10. ENGINEER wiU detennine the actual quantities
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENG INEER' s preliminary determinations on such matters
before rendering a written decision thereon (by recommen- .
dation of an Application for Payment or otherwise). ENGI-
NEER's Written decisions thereon will be final and binding
upon OWNER and CONTRACTOR. unless, within ten days
after the date of any such decision. either OWNER or CON-
TRACTOR delivers to the other party to the Agreement and
to ENGINJ;:ER written notice of intention to appeal from
such a decision.
D,cuu,ru on DispUlIS:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Worle thereunder. Claims. disputes .and
other matters relating to the acceptability of the Work or the
interpretation ofche requirements of the ConU'act Documents
pertaining to the performance and furnishing of the Work and
claims under Articles II and 12 in respect of changes in the
Conuact Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal decision
in accordance with this paragraph, which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim. dispute and other matter will be delivered
by the claimant to ENGINEER and the other pany to the
Agreement promptly (but in no event later than thirty days)
after the occurrence of the event giving rise thereto. and
written supporting data will be submitted to EN GtNEER and
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9. 10 and 9.11 with respect
to any such claim. dispute or other matter (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14; 16) will be a condition
precedent to any exercise by OWNER or,CONTRACTOR
of such rights or remedies as either may otherwise ha ve under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or other matter.
l.imiuztioru Or! ENGINEER's RuponsibiIiJies:
9.13. Neither ENGINEER's authority 10 act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith eitherco exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor. any Supplier. or any other person or organization
perfonning any of the Work:. or to any surety for any of them.
9.14. Whenever in the Contract Documents the terms "as
ordered". "as directed". "as required". "as allowed", "as
approved" or terms of like effect or import are used. or the
adjectives "reasonable", "suitable", "acceptable". "proper"
or "satisfactory" or adjectives of like effect or impon are
used to describe a requirement. direction. review or judgment
of ENGINEER as to the Work. it is intended that such
requirement. direction. review or judgment will be solely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wise). The use of any such term or adjective shall not be
20
effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary
to the provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for CON-
TRACTOR's means. methods. techniques. sequences or pro-
cedures of construction, or the safety precautions and pro.
grams incident thereto. and ENGINEER will not be respon.
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor, any
Supplier. or of any other person or organization performing
or furnishing any of the Work.
ARTrCLE lO-CHANGES IN THE WORK
10.1. Without inValidating the Agreement and without notice
to any surety. OWNER may. at any time or from time to
time. order additions. deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent. if any. of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Change. a claim may be made therefor as provided in Article
11 or ArtiCle I::!. .
10.3. CONTRACTOR shall not be enticled to an increase
in the. Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended. modified and supple-
mented as provided in paragraphs 3.4 and 3.5. except in the
case of an emergency as provided in paragraph 6.22 and
except in the case of uncovering Work as provide:d in para-
graph [3.9. .
lOA. OWN ER and CONTRACTOR shall e:xecutc appro-
priate Change Orders (or Written Amendments! covering:
1004.1. chang~s in the Work which are ordered by
OWNER pursuant to paragraph 10.1. are required because:
of acceptance of dejitC'lil'e Work under paragraph 13.13 or
correcting cll!.(t!('til'e Work under paragraph 13 .I-t or :lr~
:lgreed to by the partie:s:
10.-1.2. Changes in the Contract Price or Cllnlract Time:
which are agreed to by the purties: and
10.4.3. changes in the Contract Price or Contract Time
which embody the substance of any written decision ren.
dered by ENGINEER pursuant to paragraph 9.[ J:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations. but during any such appeal. CON-
TRACTOR shall carryon the Work and adhere to tfle prog.
ress schedule as provided in paragraph 6.29.
10.5. If notice of any change atfecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to. Contract Price or Contract _
Time) is required by the provisions of any Bond [0 be given
to a surety. the giving of any such notice will be CONTRAC-
TOR's responsibility. and the amount of each applicable Bond
will be adjusted accordingly,
ARTICLE [l-CHANGE OF CONiRACT BRICE
[J .1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable [0 CON-
TRACTOR for performing the Work. AU duties. responsibil-
ities and obligations assigned to or undertaken by CON-
TRA.CTOR shall be at his cxpense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Anyclaim for an increase
or decrease in the Contract 'Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENG rNEER promptly (but.in no event later than
thirtv days) after the occurrence of the event giving rise to
the ~lajm and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers aU known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for ac!juscment in the
Contract Price shall be determined by ENGINEER in accor.
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise agree on the amount involved. No claim
for an adjustment in the Contract Price will be valid if not
submitted in accordance wich this paragraph 11.2.
11.3. The value of any Work covered by a Change Order
or of anv claim for on increase or decrease in the Contract
Price sh~lI be determined in one of the following ways:
11.3.1. Where the Work involved is covered by unit
prices concained in the Cllntract Documents. by.applico-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1. through
11.9.3. inclusive:l.
21
I 1.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.6.2.1).
11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs I 1.4 and II.'s) plus a
CONTRACTOR's Fee for overhead and pront (deter-
mined as provided in paragraphs 11.6 and 11.7),
CO~I of thl Work:
11.4. The tenn Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER. such costs shall be
in amounts no higher than those prevailing in the locality of
the Project. shall include only the following items and shall
not include any of the costs itemized in paragraph I U:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the perfonnance of the Work under
schedules of job classincations agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll costs
shall include. but not be limited to, salaries and wages
plus the cost of fringe benefits which shall include social
security contribUtions. unemployment. excise and payroll
taxes. workers' or workmen's compensation. health and
retirement benefitS, bonuses. sick leave, vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
perfonning Work after regular working hours. on Satur-
day, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
I 1.4.2. Cost of all materials and equipment furnished
and incorporated in the Work. including costs of trans-
portation and storage thereof. and Suppliers' field services
required in connection therewith. AI! cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments, in
which case the cash discounts shall accrue to OWNER.
All trade discounts. rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained.
I l.4.3, Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors.
If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will toen determine. with the advice of ENGINEER. which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee. the Subcontractor's Cost of the Work
shall be detennined in the same manner as CONTRAC-
TOR's COSt of the Work. All subcontracts shall be subject
22
to the other provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
limited to engineers. architects. testing laboratories. sur.
veyors. attorneys and accountants) employed for services
specifically related to the Work.
I I .4.5. Supplemental costs including the following:
I J. 4.5.1. The proportion of necessary transporta-
tion. travel and subsistence expenses of CONTRAC.
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5 .1. Cost. including transportation and main-
tenance. of all materials. supplies. equipment. machin-
ery. appliances. office and temporary facilities at the
site and hand tools not owned by the workers. which
arc consumed in the performance of the Work, and cost
less market value of such items used but n<# consumed
which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER. and the costs of transportation. loading.
unloading. installation. disman tHng and removal
thereof-aU in accordance with terms of said rental
agreements. The rental of any such equipment. machin-
ery or parts shall cease when the use thereofis no longer
necessary for the Work.
11.4.5.4. Sales. consumer. use or similar taxes.
related to the Work. and for which CONTRACI'OR is
liable. imposed by Laws and Regulations.
! ! 04.5.5. Deposits lose for causes other than negli-
gence of CONTRACTOR. any Subcontractor or any.
one directly or indirectly employed by any of them or
for whose acts any of them may be liable. and royalty
payments and fees for pennits and licenses.
11.4.5.6. Losses and damages (and related
expensesl. not compensated by insunnce or otherwise.
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the
deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.9), pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR. any Subcontractor, or
anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses,
damages and expenses shaH be incl uded in the Cost of
the Work for the purpose of determining CONTRAC-
TOR's Fee. If. however. any such loss or damage
requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR sholl be paid for
services a fee proportionate to rhut stated in paragraph
11.6.2.
11.4.5.7. The co~( of ulilities. fuel and sanitary
facililies allhe site.
11,4.5,8. Minor expenses such as telegrams. long
distaflce telephone calls. lelephone service at the site.
expressage and similar peny cash items in connection
wilh the Work.
1104.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for property insurance coverage within
the limits of the deductible amounts established by
OWN ER in accordance wilh paragraph 5.9.
11.5. The term Cost of the Work shall not include any of
lhe following:
11.5. I. Payroll costs and othercompensaiion 6f CON-
TRACTOR's officers. executives. principals 101' partner-
ship and sole proprietorshipsl. general managers. engi-
neers. architects. estimators. attorneys. auditors. accoun-
tants. purchasing and contracting agems. e.xpeditors.
timekeepers. clerks and other personnel employed by
CONTRACTOR whcther at the site or in CONTRAC-
TOR's principal or a branch office for general administra-
rion of the Work and not specifically included in the agreed
upon schedule of job classifications referred to in para-
graph 11.4. [ or specifically covered by paragraph I [.4.4-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
11.5.2. Expenses (If CONTRACTOR's principal and
branch offices orher than CONTRACTOR's office at the
site.
I! .5.3. .-\ny PUrt of CONTRACTOR's capitul o:xpenses.
including interest on CONTRACTOR'S capical employed
for the Work and charges against CONTRACTOR for
delinquent payments.
11.5.4. Cost of premiums for illl Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contrnct Documents to purchase and mainrain the
same (except for the oost of premiums covered by sub-
paragraph I 104.5.9 above).
11.5's. Com due to the negligence of CONTRAC.
TOR. any Subcontrn~tor. or anyone uirectly or indirectly
employed br any of I ;,~m or for \Vho~e acts nnv of them
mar b~ liahle. ind~IJin!; bue not limieeJ to. the ~orreclion
of defL'! iil. '.':ur\.:. Jisposal ~lf materials or equipment
wrongly SU, -,J .~.. ~ "'"king guou any damage to prop-
erc~'.
11.~.6. Orher overhead or general expense costs of
anr krod and the Costs of any item nor specifically nnd
expressly induueu in puragraph II.~.
CONTRACTOR's Fee:
11.6. The CONTRACTOR's Fee aI/owed [0 CONTRAC-
TOR for overhead and profit shall be detennined as follows:
11.6.1. a mutually acceptable fixed fee: or if none can
be agreed upon.
11,6.2. a fee bused on the following percentages of the
various portions of the Cost of the Work:
11.6.2: I. for costs incurred under paragraphs 1104.1
and I l.4.~. the CONTRACTOR's Fee sho'!l be fifteen
percent:
11.6.2.2. for casts incurred under paragraph 11.4.3.
the CONTRACTOR's Fee shall be F.ve'percenc: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee. the maximum allowable [0 CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percene:
,;.
J 1.6.2.3. no fee shall be payable on the basis of
costs itemized under paragraphs 1104.4. 1104.5 and 11.5:
11.6.2.4, the amount of credit to be allowed by
CONTR.A"CTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of
rhe actual net decrease plus 0. deduction in CONTRAC-
TOR's Fee by an amoune equal to ten percent of the
net decrease: and.
11.6.2.5. when both additions and credies are
involved in anyone change. the adjustment in CON-
TRACTOR's Fee shall be c.omputed on the basis of the
net change in accordance with paragraphs 1[.6.2.1
through 11.6.2A. inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraph !!A or 11.5. CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the CoOlract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be done
by such Subcontractors or Suppliers and for such sums II.-'ithin
the limit of the allowances as may be acceptable to ENGr.
NEER. CONTRACTOR agrees that:
11.8. I. The ullowances include the cost to CON-
TRACTOR (less any applicable trade discounts 101' mate-
rials and equipment required by the allowances to be deliv-
ered at the site. and af[ applicable taxes: and
J 1.8.2. CONTRACTOR's costs for unloading and
handling on the site. Inoor. installation cases. overhead.
profit and other expenses contemplated for [he allowances
have been incluued in the Contruct Pric::e and not in the
23
allowances. No demand for additional payment on account
of any thereof will be valid.
Prior to final payment. an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances. and the Contract Price shall be correspond-
ingly adjusted.
Unu Price Work:
1 1.9. 1 . Where the Contract Documen ts provide that
all or part of the Work is to be U nit Price Work. initially
the Contract Price will be deemed [0 include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated qUantities of items
of Unit Price Work are not guaranteed and are solely for
the pUrpose of comparison of Bids and determiningil.n
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sep-
arately identified item.
1 I .9.3. Where the quantity of any item of Unit Price
Work perfonned by CONTRACTOR differs materially
and Significantly from the estimated quantity ofsuch item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Article 11 if the oarties are
unable to agree as to the amount of any such in'crease.
ARTICLE 12-CHANGE OF CONTRACT TIME
12. l. The Contract Time may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shonening of the Contract Time shall be based on wrinen
notice delivered by the pany making the claim to the other
party and to EN GINEER promptLy (but in no event later than
thiny days) after the occurrence of the event &iving rise to
Lhe 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 (uniess ENGI-
NEER allows an additionaL period of time to ascertain more
accurate data in SUl'port of the claim) and shall be accom-
panied by the claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time
shall be detennined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRAcrOR cannot otherwise
agree. No claim for an adjustment in the Contract Time will
be valid if not submined in accordance with the requirements
of this paragraph 12.1.
12.1. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRAcrOR if a cLaim is made therefor as provided in para-
graph 12.1. Such delays shall include. but not be limited to,
acts or neglect by OWNER or others performing additional
work as contemplated. by Article 7. or to fires. floods. labor
disputes. epidemics. abnormal weather conditions or acts of
God.
12.3. All time limits stated in the ContlUt Documents
are of the essence of the Agreement. The provisions of this
Article' 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers. architects.
anorneys and other professionals and court and arbitration
Casts) for delay by either party. ~
ARTICLE 13-WARRAN'I:'Y AND GUARANTEE;.
TESTS AL'lD INSPECTIONS:
CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECITVE WORK
Wamuuy and Gu.aranue:
13..1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work .wil! be in accor-
dance with the Contract Documents and .will not be dtf~ctiv~.
Prompt notice of all dcifects shall be given to CONTRAC.
TOR. All d~fectivl! Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13.
At:t:e~s to Work:
13.2. ENGINEER and ENGINEER's representatives.
other representatives of OWNER. testing agencies and gov-
ernmental agencies with jurisdictional interests wilJ have access
[0 the Work at reasonable [imes for their observalion. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
T,sts and Insp,ctions:
13.3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for all required inspections. tests or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereoO to specificalLy
be inspected. tested or approved. CONTRACTOR shall
assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required ceniticates
of inspection. testing or approval. CONTRACTOR shall also
24
be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN.
ER's or ENG IN EER 's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work. or of
materials or equipment submitted for approval priOrto CON.
TRACTOR's purchase thereofforincorporation in the Work.
The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specifiedl.
13.5. All inspections. tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR lor oy ENGI:-;EER if so
specified) .
13.6. If any Work lincluding the work of others) that is
to be inspected. tested or approved is covered without written
concurrence of ENGINEER, it must. if requested by ENGI-
NEER. be uncovered for observation. Such uncovering shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice ofCONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
13,7. Neither observations by ENGINEER nor inspec-
tions. tests or appro'vals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Conrract Documents.
Uncovering Work:
13.8. Ifany Work is covered contrary to the written request
of ENGrNEER. it must. if requested by ENGI);EER. be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's e,xpense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others. CONTRACTOR. at ENGINEER's
request. shall uncover. e.xpos~ or otherwise make available
for observation. inspection ~r testing as ENGl>iEER ma\'
require. that portion of the Work in question. furnishing ail
necessary labor. .material and equipment. If it is found that
such Work is dt'.!i!eril'e, CONTRACTOR shall bear nil direct.
indirect amI consequential costs of such unc~vering. expo-
sure. observation. inspection and testinlZ and of satisfactory
reconstruction. (includinll but not limited to fees and chane~
of engineers.. architects. ~ttorneys and other professionais l.
and OWN ER shall be entitled to an appropriate Jecrease in
[he Contract Price. anu. if the parties un: unable to agree as
[0 the amount thereof. ma~' make a claim therefor:1:' provided
in Article II. If. ho\\ e\'(:r. such Wurk is not t'l'undto be
cle.ti/['tfl"'. CO~TRA<:TOR shull be allowt:u un increase in
the C.lntract Pri..... :1' ..il .:\t..:nsiun of the Contra.:t Time. llr
both. Jirl:l:!ly attrit'lIlabl.: Iv such uncovering. .::<posure.
obst:r\'mion. in:,pcctiun. testin!! ami rel:onstructi...'n: anu. if
the parries are unable to i.1gre~ aSIa the umuunt ur extent
thereof, CONTRACTOR may make a claim therefor as pro-
vided in Articles I I and 12.
Owner May Stop the Work:
13.10. If the Work is defwipe, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents. OWNER may order CONTRACTOR tostop the
Work. or any portion thereof. undl the cause for such order
has been eliminated: however.. this right of OWNER to stop
the Work shall not give rise to any duty on the part of OWNER
to exercise this right for the benefit of CONTRACTOR or.
any other party.
Correction or Removal of Defective Work:
13. I!. If required by ENGINEER. CONTRACTOR shall
promptly, as directed. either co.rrect all dt!ft!ctfvt! Work.
whether or not fabricated. installed or completed. or. if the
Work has been rejected by ENGrNEER. remOve it from the
site and replace it with nondefeeri\'e Work. CONTRACTOR
shall bear all direct. indirect and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers. architects. attorneys and other profes-
sionals) made necessary thereby,
Onl Yt!ar Correction Plriod:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre.
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents. any
Work is found to be defeerire. CONTR.~CTOR shall promptly.
. without cost to OWNER and in accordance with OWNER's
written instructions. either correct such defeerfl'e Work. or.
if it has been rejected by OWNER. remove it from the site
and replace it with nonclefecril'e Work. If CONTRACTOR
does not promptly comply with the terms of such instructions.
or in an emergency where delay would cause serious risk of
loss or damage. OWNER may have the defee/h'e Work cor~
rected or the rejected Work removed and replaced. and all
direct. indirect and. consequential cas ts of such removal and
replacement (including but not limited to fees nnd chanes of
engineers. architects. attorneys and other professional;) will
be paid by CONTRACTOR. In special circumstances where
a particular item of equipment is placed in continuous service
beTore Substantial Completion of all the Work. the correction
period for that item may start to run from an earlier dntt: if
so provided in the Specifications or by Written Amendment.
A.ccep/ance of DefectivI Work:
13.13. If. instead of requiring correction or removal and
replacement of defee/iI'I' Work. OWN ER (and. prior to
ENGINEER's recommt:nulltion of final payment. also
ENGINEER) prefers [0 aCl:ept it. OWNER may doso. CON.
TRACTOR shall bear all Jirt:ct. indirect and consequential
15
costS attributable to OWNER's evaluation of and determi-
nation to accept such defective Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges.of engineers. architects. attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment, a
Change Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in
the Contract Price, and, if the panies are unable to agree as
to the amount thereof, OWNER may make a claim therefor
as provided in Anicle 11. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
OWNER May Corrtct Dtftctivt!Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defecrivt Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11. or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents. or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may, after seven days' writ-
ten notice to CONTRACTOR. correct and remedy any such
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrCl:nve and remedial action. OWNER
may exclude CONTRACTOR from all or pan oftbe site, take.
possession of all or pan of the Work, and suspend CON-
TRACTOR's'services related thereto, take possession of
CONTRACTOR's tools. appliances, .constrUction equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
tatives. agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct, indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged apinst CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Order will be issueq incorporating the necessary revisions in
the Contract Documents with respect to the Work: and
OWNER shall be entitled to an appropriate decrease in the
Contract Price. and. if the parties are unable to agree as to
the amount thereof. OWNER may make a claim therefor as
provided in Anicle 11. Such direct. indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers, architects. attorneys and other professionals.
all COUrt and arbitration costs and all costs of repair and
replacement of work of others destroyed or damaged by
correction, removal or replacement of CONTRACTOR's
defective Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in per-
fonnance of the Work attributable to the exercise by OWNER
of OWN ER' s rights and remedies hereunder.
ARTICLE 14-PA YMENTS TO CONTRACTOR AND
COMPLETION
Schedult of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for Pay.
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Applkaiionfar Progress Paymtnl:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment tilled out and signee! by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. Ifpayment is requested
on the basis of materials and equipment notinc;Prporated in
the Work but delivered and suitably stored at the site or at
another location agreed to in writing, the Application for
Payment shall also be accompanied by a bill of sale. invoice
or other documentation warranting that OWNER has received'
the materials and equipment free and clear oiallliens, charges,
security interests and encumbrances (which are hereinafter
in tbese General Conditions referred to as "Liens"). and
evidence that the materials and equipment are covered by
appropriate propeny insurance and other arrangements to
protect OWNER's interest therein. all of which will be sat-
isfactoryto OWNER. The amount of.retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of rUle:
14.3. CONTRACTOR warrants and guarantees that title
to all Work. materials and equipment covered by any Appli-
cation for Payment. whether incorporated in the Project or
not, will pass to OWNER no later than the time of payment
free and clear of all Liens.
Revitw of Applications for Progrtss Payment:
14.4. ENGINEER will. within ten days after receipt of
each Application for Payment. either indicate in writing a
recommendation of payment and present the Application to
OWNER. or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case,CONTRACTOR may
make tbe necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation. the amount rec-
ommended will (subject to the provisions of the last sentence
of pani.graph 14.7) become due and wh en due will be paid by
OWNER to CONTRACTOR. (In accordance with
the Georgia Prompt Pay Act )
14.5. . ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
26
repre~ento.tion by ENGINEER to OWNER. based on ENGI.
NEER'~ on.site observations of the Work in progress as an
experienced and qualified de~ign professional-and on ENGI.
NEER's review of the Application for Paymem and the"
accompunying data and schedules that the Work has pro-
gressed to the poine indicated: thac. to the best of ENGI.
NEER's knowledge. information and belief. the quality of
the Work is in accordance with the Contract Document~
(subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. to the results of any
. subsequent tests called for in the Contract Documents. to a
final determination of quantities and c1assificutions for Unit
Price Work under paragraph 9.10. and to any other qualifi-
cations s[(l[ed in the recommendation): and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However. by recommending any such payment ENGINEER.
will not thereby be deemed 10 have represented that exhaus-
tive or continuous on.site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specitically assigned to ENGINEER in [he
Contract Documents or that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additiona[Jy bv OWNER or OWNER to
withhold payment to CONTRACTOR.
14,6. ENGINE~R's recommendation of final. payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR's being entitled to final payment as set forth in paragraph
14.13 have been fulfilled.
14.7. ENG INEER may refuse to recommend the whole
or any part of any payment if. in ENGINEER's opinion. it
would be incorrect to make such represenlations to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment. or. because of sUbsequei'l!ly discovered evidence or
the results of subsequent inspections or tests. nullify any such
payment previously recommended. to such extent as may be
necessary in ENGeN EER's opinion to protect OWNER f~om
loss because:
14.7.1. the Work is defect/l't, or completed Work hils
been damaged requiring correction or replacement.
1-1.7.2. the Contract Price has been reduced bv Writ-
ten Amendment or Change Order. .
14.7.3. OWNER has been required 10. correct defeC'-
til'/! Work or complete Work in accordance with parngrnph
13.14. or
1-1.7.4. of ENGINEER's actual knowledge of the
occurrence of any oflhe events enumerated in paragraphs
15.~.1 through 15,2.9 inclusive.
OWNER may refuse to make payment of the full amount
recommended bv ENGINEER because claims have been
made against OWNER on accountofCONTRACTOR's per-
formance or furnishing: of the Work or Liens have been filed
In connection wilh the Work or there are other items entitling
OWN ER to a set-off against [he amount recommended. but
OWNER must give CONTlV\CTOR immediate wr1C!en notice
(with a copy [0 ENGINEER) stDting the reasons for such
action.
Subs/antiLll Completion:
14.8, When CONTRACTOR considers the entire Work
ready for its intended use CONTRAC.-rOR shall notify
OWNER and ENGINEER in writing th:!! the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete> and request that ENGI-
NEER issue a certificate of SubstDntial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and-
EN GIN EER shall make an inspection of the Work to deter-
mine the status of completion. If ENGINEER does not con.
sider the Work substantially complere.ENGlN EER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially completc.
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial C9mpletion which shall fix the date
of Substantial Completion. There shall be a;.tached to the
certificate a tentative list of items to be completed or cor.
rected before final payment. OWNER shall have seven days
after receipt of the tentative certilicatedunng which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If, after considering such objec-
tions. ENGINEER concludes [hat the Work is not substan-
tially complete. ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing. stating the reasons therefor. If.
after consideration of OWNER's objections, ENGINEER
considers the Work substantially complete. ENGINEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be com-
pleted or corrected) reflecting such changes from the ten'tative
certificate as ENG IN EER believes justiJied after consider-
ation of any objections from OWNER. At the time of de livery
of the tentotive certificate of Substantial Completion ENGI-
NEER will deliver to OWNER and CONTRACTOR a writteri
recommendation as to division of responsibilities pending
linal payment between OWNER and CONTRACTOR with
respect to security. operation. safety, maintenoncc. heat.
utilities. insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENdrNEER's issuing the definitive
certificate of Subsruntial Completion. ENGINEER's afore-
said recommendation will be binding on OWN ER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right [0 exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion. but OWNER shall allow CONTRACTOR reasonable
access to complete ur correct items on the tentative list.
Partial ll/iIi:.aJion:
14.10. Use by OWN ER of any finished part of the Work.
which has specifically b~t:n identified in the Cummcl Do~u.
27
ments. or which OWNER, ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part of the Work that can be used by OWNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work. inay be accomplished prior to
Substantial Completion of all the Work subject to the follow-
ing:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to pennit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees. CONTRACTOR will certify to OWNER
and ENGINEER that said part of the Work is substantially
complete and request ENGINEER to issue a certificate of
Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for itS intended use and substan-
tially complete and request ENGINEER to issue a certif.
icate of Substantial Completion forchat part of the Work.
Within a reasonable time after either such request. OWNER,
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its s,ams of
completion. If ENGINEER does not consider that part of
the Work to be substantially complete, ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part ofthe
Work to be substantially complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
14.10.:!. OWNER may at any time request CON-
. TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially completc. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. [f CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrccted and will delivcr such list to OWNER and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security, operation. safety, maintenance. utilities. insur-
ancc. warranties and guarantees forth at part of the Work
which will become binding upon OWNER and CON-
TRA.CTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER). During such operation
and prior (0 Substantial Completion of such part of the
Work, OWNER shall allow CONTRACTOR reasonable
access to complete or corrcct items on said list and to
complete other related Work.
14.10.3. No occupancy or separate operation of part
of the Work will be accomplished pnorto compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Fin4I Inspection:
14, II. Upon written notice from CONTRACTOR that the
cntire Work or an agreed portion thereofis complete. ENGI.
NEER will malce a final inspection witR OWNER and CON-
TRACTOR and will notify CONTR.ACIOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to rcmedy such defi-
ciencies.
Firuzl App&lliion for PaymclIl:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINIER and delivered all
mainten~ce and operating instnlctions. schedt..lJes. guaran-
tees. Bonds. certificates of inspection_ marktd-up recor~
documents (as provided in paragraph 6.19) and other docu.
ments-all as required by the Contract Documents. and after
ENGINEER has indicated that the Wort< is acceptable (sub-
ject to the provisions of paragraph 14.16). CONTRACTOR
may make application for final payment following. the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called Cor
in the ConrractDoeuments. together with complete and legally
effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Work. In
lieu thereof and as approved by OWNER. CONTRACTOR
may furnish receipts or releases in full: an affidavit of CON-
TRACTOR that the releases and receipts include all labor.
serviccs. material and equipment for .....hich a Lien could bc
filed. and that all payrolls, material and equipment bills. and
other indebtedness connected with the Work for which
OWNER or OWNER's property might inany way be respon-
sible, have been paid or otherwise satis1ied: and consent of
the surety, if any, to final payment. If allY Subcontractor.or
Supplier fails to furnish a release or receipt in full. CON.
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
Firuzl Payment and Acc~ptance:
14,13. If. on the basis of ENGINEER's observation of
the Work during construction and .final inspection. and
ENGINEER's review of the final Application for Payment
and accompanying documentation-all as required by the
Contract [)ocuments. ENGINEER is satisfied that the Work
has becn completed and CONTRACTOR's other obligations
under the Contract Documents have becn fulfilled. ENGI-
NEER will, within ten days after receipl of the final Appli-
cation for Payment. .indicate in writing ENGINEER's rec-
ommendation of payment and prescnt thc Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of paragraph 14.16.
28
Otherwise. ENGINEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final payment., in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thirty days after presentation to OWNER of the
Application and accompanying documentation, in appropri-
ate form and substance. and with ENGINEER's recommen.
dation and notice of acceptability. the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR. (In accordance with the
Georgia Prompt Pay Act).
14. J 4. If. through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms. OWNER shall. upon receipt of CON-
TRACTOR's final Application for Payment and recommen-
dation of ENGINEER. and without terminating the Agree-
ment. make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment. and if Bonds have been furnishedas required in para.
graph 5.1. the written consent of the surety to the payment
of the balance due for that portion o(the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov.
erning final payment, except that it shaIl not constitut~ a
waiver of claims.
Contractor's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress
or final paymemby ENGINEER. nor the issuance of a cer-
tificate of Substantial Completion. nor any payment by
OWNER to CONTRACTOR under the Contract Documents.
nor any use or occupancy of the Work or any part thereof by
OWNER. nor any act of acceptance by OWNER nor any
failure [0 do so. nor any review and approval of a Shop
Drawing or sample submission. nor the issuance of a notice
of acceptability by ENGINEER pursuant to paragraph 14.13.
nor any correction of defective Work by OWNER \vill con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.16).
Wah'er of Claims:
1-1.16. The making and acceptance of final payment will
constitute:
[-1.16.1. a waiver of all claims bv OWNER al!ainst
CO:-.iTRACTOR. except claims arising from ~ns~[[[ed
Lie ns. from dl!,/eCfh'(' Work appearing after nnal ins pec-
[ilJn pu rsuant 10 paragraph 14. II or from failure tl) comply
\\'ith.lhe Contract Documents or the terms of any special
guarantees specified therein: however. it will nlH consti-
tUle a waiver hy OWNER of an~' rights in respect of
CONTRACTOR's continuing obligations under the Con-
tract Documents: and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE [S-SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
IS.!. OWNER may. at any time and without cause, sus-
pend the Work or any porrion.thereoffor a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time. or both.
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provide!}.in Articles II
and 12.
Owner May Terminaie:
IS.2. Upon the occurrence of anyone or more of the
fOllowin.g event.s:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title 11. United
States Code), as now or hereafter in effect, or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency:
[5.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing. or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state [awin
effect at the time relating to bankruptcy or insolvency,:
IS.2.3. if CONTRACTOR makes a general assignment
for the benefit of creditors:
15.2.4. if a trustee. receiver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authority to take charge
of property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit
ofCONTRACTOR's t:wJitors:
. IS.2.5. if CONTRACTOR admits in writing an inabil.
ity to pay its debts generallr as they become due:
IS.2.6. if CONTRACTOR persistently fails to perform
the Work in act:ordancc: with the Contract Document~
29
(including. but not limited to. failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere [0 the progress schedule establi$hed under
paragraph 2.9 as revised from time to time):
15.1.7. if CONTRACTOR disregards Laws or Regu.
lations of any public body havingjutisdiction:
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
15.1.9.. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu.
ments;
OWNER may, after giving CONTRACTOR (and the surety.
if there be one) seven days' written notice and to the extent
permitted byLaws and Regulations, terminate the services
of CONTRACTOR. exclude CONTRACTOR from the site
and take possession of the Work and or all CONTRACTOR's
10015. appliances, construction equipment and machinery at
Ihe site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or convenionl. incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere. and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct. indirect and
consequential costs.of completing the Work (including but
not limited to fees and charges of engineers. architects. attor-
neys and other professionals and COUrt and arbitration costs)
such excess willi:le paid to CONTRACTOR. If such costs
exceed such unpaid balance, CONTRACTOR shall pay the
difference [0 OWNER. Such costs incurred by OWNER will
be approved as to reasonableness bv ENGINEER and incor.
porated in a Change Order. but when exercising any rights
or remedies under this paragraph OWNER shall not be required
10 obtain the lowest price for the Work performed.
15.3. Where CONTRACfOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWN ER against CONTRACI'OR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRAcrOR by OWNER will
not release CONTRAcrOR from liability.
15.4. Upon seven days' written notice LO CONTRAC.
TOR and ENGINEER. OWNER may. without cause and
without prejudij:e to any other right or remedy, elect to aban-
don the . Work and terminate the Agreement. In such case.
CONTRACTOR shall be paid for all Work executed and a.ny
expense sustained plus reasonable tennination expenses. which
will include, but not be limited to, direct. indirect and con-
sequential costS (including. but not limited to. fees and charges
of engineers. architects. attorneys and other professionals
and court and arbitration com).
ConlTactor May Stop Work or Terminau:
15.5. If. through no ac.t or fault of CONTRAcrOR. the
Work is suspended for a period of more than ni~ty days by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for Payment
within thirty days after itis submitted, or OWNER fails for
thirty days to pay CONTRACTOR any sum tinally deter.
mined to be due, then CONTRAcrOR may. upon seven
d:tys' written notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained. plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement,. if ENGINEER has failed to act on an Appli.
cation for Payment or OWNER has failed to make any pay.
ment as aforesaid. CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance.
with the progress schedule and without delay during disputes
and disagreements with Ow"'riER.
. [The remainder of this page was left blank intentionally.]
'-..~.: .
30
ARTICLE l6--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
~
(This page was left blankintent1onally.)
~
32
ARTICLE 17-MISCELLANEOUS
Gilling Notic,:
17.1. Whenever any provision of the Contract Docu.
ments requires the giving of written notice, it will be deemed
to have been Validly given if delivered in person to the indi.
vidual or to a member of the lirm or to an officer of the
Corporation for whom it is intended, or if delivered at'or sent
by registered or certilied mail. postage prepaid,to the last
business address known to tl:te giver of the notice.
Computation a/Tim':
17.2.1. When any period of time is referred to in the
Contract Documents by days. it will be computed to exclude
the first and include tbe (~st day of such period. If the last
day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computa-
lion.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error, omis-
.;;;.",:
sion or act of the other party or of any of the other party's
employees or agents or ochers for whose aCls the other party
is legally liable, claim will be made in writing to the olher
party within a reasonable time of the first observance of such
injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the parties hereto. and, in particular but without
Umitation. the warranties. guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.30.13.1.13.12.13.14.
14.3 and 15.2 and all of the rights and remedies available to'
OWNER and ENGINEER thereunder. are in addition 10.
and are not to be construed in any way as a limitation of. any
rights and remedies availllble to any or all of them which are
otherwise imposed or available by Laws or Regulations. by
special warranty or guarantee or by olher provisions of Ihe
Contract Documents, and the provisions of Ihis paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each particula~uty. obliga-
tion. right and remedy to which they apply. All representa-
tions. warranties and guarantees made in the Contract Doc-
uments will survive tinal payment and termination or com-
pletion of the Agreement.
33
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
of liability of not less than $200,000 for any such damage sustained by two or
more persons in anyone accident.
The contractor shall either (1) require each of his subcontractors to procure
and to maintain during the life of his subcontract, Subcontractor's Liability and
Property Damage Insurance of the type and in the same amounts as specified in
the preceding paragraph, or (2) insure the activities of his subcontractors in his
own policy.
1.3 SPECIAL HAZARDS:
The contractor's and his Subcontractor's Liability and Property Damage
Insurance shall provide adequate protection against the following special hazards:
(a) Work within the right-of-ways of the Augusta-Richmond County
Road System.
(b ) Work within easements granted by property
Owners in connection with the construction of the project.
(c ) Work in close proximity to existing water lines, telephone lines,
gas lines, other utilities and private structures contiguous
to the job site
SC-1
1.4 TESTING LABORATORY:
All testing and laboratory work in connection therewith shall be performed
by an independent firm and paid for by the contractor. Copies of all test reports
shall be forwarded to Augusta-Richmond County Public Works. There will be no
separate payment for this work.
1.5 SURVEYS:
The Contractor will provide surveying for construction staking, horizontal
control and vertical control as necessary.
1.6 PROGRESS PAYMENT:
Section 14.2 of the General Conditions shall be amended as
follows:
The Contractor may submit monthly estimate for work
Completed and materials properly stored as approved
By the Engineer. When an estimate includes
materials stored, a bill of sale, invoice or other
documentation warranting that the Owner
is receiving the material free and clear of all liens,
charges, security interest and of all liens, charges,
security interest and other encumbrances shall be
attached to the payment request.
1.7 ENGINEER:
All references to "Engineer" shall be interpreted to mean the Augusta
Richmond County Public Works Director, or his official designee.
1.8 UNDERGROUND UTILITIES: (References 4.3, 1.4,3.2)
The Contractor shall coordinate with all utility companies through the
"One Call" method or other appropriate steps to locate and avoid damage to all
utilities that may affect or be affected by the Contractor's work.
1.9 SAFETY: (Reference 6.20)
The Contractor shall use certified flagmen, barricades and signs as
necessary to notify the public, in particular, those persons driving in the vicinity
ofthe project, ofthe construction and its affect on traffic.
SC-2
Respectfully submitted:
'2/cs-rt- c:::;,..:.,,-I/'v'c-ho.-?' :::Z::-r?c- ...
. /
(Name of FIrm)
~o. ~t9'lC '})o Ev~/ 6.4-
(Busmes/~ddre~s) / ,_._;:;l"H r
By: )6taOI/ L. 7JzklhlU1-
Title: 5. V;ee ~re-t(:::/e-?...,L
P - 1
30807
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SECTION P
PROPOSAL
Date:
..#v'j v i -f- 2- / ;2.00 -:?
, /
Id
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I Gentlemen:
In compliance with your invitation for bids dated gk/o? ,.2007, the undersigned hereby
proposed to furnish all labor, equipment, and matetiaii,and to perform all work for the
installation of roadway improvements, and appurtenances referred to herem as:
r
I
Resurfacing Hephzibah - McBean Road
ProJect Number: C37856-07-000-0 / PRC Number: 10-8009-00 (730) Cl
peN number: C009730CI000
I '
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In strict accordance with the Contract Documents and in consideration of the amounts shown on
the Bid Schedule attached hereto and totalmg: , .'
-rh/'e'e h{.,.,/.:..ec/--;:r;;;.e1- - AIf-?e ~"p.vT~c/ ~/ec? 4~<'112/ ~;,;,. o"'l'e
i 3j~= DOLLARS($ 32~ .331!..f.- )
( . I
The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days
of receipt of such notice execute a fonmil contract agreement with the OWNER, and that he will
provide the bond or guarantees required by the Contract Documents.
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The undersigned hereby agrees that, if awarded the contract, he will commence the work within
10 calendar days after the date of written notice to proceed, and that he will complete the work
within 350 calendar days~
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The undersigned acknowledges receipt of the following addenda:
Addendum Number:
/
Resurfacing Hephzibah - McBean Road
Project Number: C37856-07-000-0 I PRC Number: 10-8009-00 (730) Cl
PCN number: C009730C1000
150-1000 TRAFFIC CONTROL LS ~)3r.; $2-(/:1") ~
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. RECycLED ASPH CONC LEVEUNG, INCL BITUM MA TL & H '3~. S-r5"'7'r ~
402-1812 UME TN 810
RECYCLED ASPH CONC 9.5 MM SUPERPAVE, GP 1 OR 2
402-3110 ONLY INCL alTUM MA TL & H UME TN 2976
413-1000 BITUM TACK COAT GL 3697 {?!!-
653-1501 THERMO SOLID TRAFFIC STRIPE. 5 IN, WHITE LM 7.5 I~oz. ,.,
653.1502 THERMO SOLID TRAFFIC STRIPE, 5 IN, YELLOW LM 5
653-3502 THERMO SKIP TRAFFIC STRIPE, 5 IN, YELLOW GLM 2.5
TOTAL: ! 32-<'7/ 33/ J.f-
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HEPHZIBAH-MCBEAN ROAD
MAP 30 I
GENERAL NOTES
ADJUSTING MINOR STRUCTURES TO GRADE:
This item consists of raising or lowering the upper portion of existing manholes, water valve
boxes, gas valve boxes or any other miscellaneous structures within the area of construction,
There will be no separate payment for this work unless shown as a separate pay item.
*Prior to any resurfacing the contractor shall identify and reference all structures so the
precise locations can be determined after resurfacing. This shall be done in the company of
the ARC Inspector. This shall be the first order of work where minor structures requiring
adjustment are included in the contract.
AGGREGATE SURFACE COURSE:
The item aggregate surface course is for use in inclement weather to facilitate the movement of
local traffic along roadway construction and to permit ingress and egress at drives. When used
for this purpose, Section 318, Georgia Standard Specifications, is modified to permit truck
dumping on unprepared and muddy sub grade. 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 Subsection 815.01
Coarse Aggregate Size 467 Subsection 800.01
Stabilizer Aggregate Type 1 or 2 Section 803
Crushed Stone Subsection 806.02
All materials to be used as directed by the Engineer.
AS-BUILT PLANS:
The Contractor shall furnish a complete, legible set of "as-built" plans, in good condition, to the
Project Inspector prior to the date of the 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. After the Project Inspector approves and signs the redlined plans, a
qualified engineering firm, selected by the contractor, shall make arrangements to obtain the
original approved plans from the Engineering Department Office. After originals have "as built"
information incorporated, they shall be stamped and signed on the cover sheet by a Georgia
Registered Professional Engineer and returned to the Project Inspector for final processing. The
Project Inspector shall sign the as-builts and place them in the permanent record files. There will
be no separate payment unless otherwise shown.
CASINGS:
All steel casings being installed across any roadway and/or right-of-way shall have the joints
continuously welded to obtain a watertight seal. The Contractor shall notify the Engineer when
welds are ready for inspection. Welded casings backfilled without the Engineer's approval shall
be uncovered for inspection at the Engineer's request.
COMPACTION:
All compaction shall be as defined in the current edition of Georgia department of Transportation
Specifications. Special attention shall be given to the backfill of minor structures (pipe, box
culverts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using
G - 1
G- 2
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.
NOTE: When sand and jetting/flooding method is used the warranty for the backfilled
area is extended from 12 months to 24 months. A plan for the jetting/flooding shall be
submitted at the Pre-Construction Conference.
CONCRETE:
The Contractor shall have a slump cone on the project at all times when concrete is being placed.
He shall, in the Engineer's presence, perform slump tests as directed by the Engineer. Tests shall
be performed by qualified personnel with a properly cleaned slump cone. Allowable slumps are
2" minimum and 4" maximum. Class "A" concrete shall have a minimum of 611 lbs. Cement
per cubic yard. Class "B" concrete shall have a minimum of 470 lbs. Cement per cubic yard.
Concrete not meeting these requirements will be rejected by the Engineer.
NOTE: No concrete shall be placed until all required equipment such as slump cone, curing
compound and dispensor, etc., all in good working condition, are on the site. Inspectors must be
given a minimum one-hour advance notice. No concrete shall be placed without the Inspector
present unless otherwise directed by the Engineer. All concrete shall be placed during the
Inspectors normal working hours, 8:30 a.m. to 5:00 p.m. unless otherwise directed by the
Engineer. Formed surfaces shall receive finish immediately after removing forms. Forms shall
be removed as provided in Section 500 of GA.DOT Specifications.
CONSTRUCTION:
Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite curb, header
curb, etc.) shall be paid for in the unit price bid for curb and gutter unless otherwise noted.
At locations where new pavement is to be placed adjacent to existing pavement, without an
overlay, or where curbing is to be placed across paved parking lots, a joint shall be sawed on a
line to ensure pavement removal to be neat. Only those joints sawed in concrete pavement will
be paid for under the pay item-Sawed Joints. . . per Linear Foot.
Where curb and gutter is used and the shoulder elevations are higher than adjacent ground, the
actual direction of drainage runoff shall be determined by the Contractor. He shall make such
provisions as necessary to ensure that no ponding is caused by the new construction. He may
place additional fill to provide drain inlets. Compensation will be under the price bid for the
appropriate pay item. Driveway profiles may also be altered allowing the concrete pad to slope
down outside the back of the curb line not to exceed an algebraic difference of 0.07. This should
be used primarily on the high side of super-elevated curves. The Contractor should use caution
with standard variance and place special emphasis on hydraulic considerations.
G - 3
The Contractor shall provide borrow and/or waste pits for this project. All pits acquired for use
on this proj ect shall be reclaimed in accordance with Subsection 107.23 and Section 160 of the
Standard Specifications and page PPA-1 of this document.
All storm drain pipe, side drain pipe, pipe culvert wing-walls, steps, retaining walls, curbs and
gutters, headwalls, all types of pavement, wooden structures, except those specifically shown as
a removal pay item will be removed as Clearing and Grubbing, Grading Complete, Grading
Per Mile on Lump Sum Construction..
Cut and fill slopes outside of clear zones may be adjusted on construction where necessary to
remain within the right of way.
Curb cut ramps in accordance with Standard 9031- W are to be used at all street intersections on
this project.
Asphalt milling where specified for use on existing pavement that is to be resurfaced adjacent to
curb and gutter. Finished surface on asphalt pavement shall not exceed W' above the gutter line
as shown on Georgia Standard 9031-J.
CONSTRUCTION LAYOUT:
Construction layout work shall be performed by the Contractor. See Section 149 of the Standard
Specifications.
CONSTRUCTIONIUTILITY SCHEDULE:
The contractor shall prepare an overall Time-Logic Schedule that includes all major utility
relocations, proposed utilities, and construction activities. A detail schedule for utility relocations
from all utility companies shall be submitted to the contractor prior to the PreConstruction
meeting. The Contractor shall present this schedule at the Preconstruction meeting for
discussion. The schedule shall consist of the following:
1. The noted Responsible Agency for each activity (e.g., Contractor, Sub-Contractor, Utility
Company)
2. The ES-Early Start, EF-Early Finish, LS-Late Start, and LF-Late Finish dates.
3. The Project Critical Path.
4. Activity Durations.
After the Preconstruction meeting, the Contractor shall provide a revised schedule with all issues
and concerns addressed. The revised Time-Logic Schedule shall be color coded with respect to
responsibility, and shall be presented on D size paper (24" x 36")
The schedule shall be updated on a monthly basis displaying percentage of completion of all
activities. The project baseline and current date line shall appear on all updates.
The schedule shall be presented using Microsoft Project, Primavera softwares.
Nme 01 tom...
Utility relocations, proposed utilities,
Resurfacing Hephzibah - McBean Road
Project Number: C37856-07-000-0 / PRC Number: 10-S009-00 (730) C1
PCN number: C009730C1000
Construction/Utilitv Schedule
(Contractor, Sub-Contractor, utility
G-4
G- 5
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.
ENGINEER:
In all contract documents, specifications, supporting documents, etc., the term "ENGINEER"
means, and shall be deemed to mean, the Augusta-Richmond County Engineering Department
Director or hislher designated representative.
EROSION AND SEDIMENT CONTROL:
The Contractor shall be responsible for all soil erosion and sediment control practices.
All on-site erosion control shall comply with local Augusta Richmond County erosion and
sediment control ordinances. The cost of this work shall be included in the cost of Lump Sum
Construction 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 Sub-Section
107.23 of the Specifications and in accordance with page PP A-I.
FENCE:
All new fences called for on the plans and/or contract documents shall meet the requirements of
Section 643 of ,the Georgia Department of Transportation Standard Specifications, current
edition. New fence not meeting these Specs will be rejected.
In contracts, where remove and reset fence items are involved (either as pay items or as Lump
Sum Construction) all replacement fence shall be equal to or better than the existing fence as
approved by the Engineer. This means equal to or better than the original fence at the time of its
installation.
In accordance with Subsection 643.03D, the Contractor must furnish positive locking devices,
padlocks, and keys with all gate assemblies.
FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this project are to be
returned to the pre-existing shape and slope and then finished and dressed. No separate payment
will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown
as a pay item.
FLAGGING:
Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special
Provisions, and as required by the Engineer.
All Flae:e:ersshall meet the requirement of part 6F of the MUTCD Current Edition and must
have received training and a certificate upon completion of the training from a Department
approved training program. Failure to provide certified Flaggers as required above shall be
reason for the Engineer suspending work involving the Flagger(s) until the Contractor provides
the certified Flagger(s).
G - 6
Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket,
and shall use a Stop/slow paddle meeting the requirements of Section 6F-2 of the MUTeD
Current Edition 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 Flagger traffic control shall be placed in advance of the flagging operation in
accordance with the MUTCD Current Edition. In addition to the signs required by the MUTCD,
signs at regular intervals, warning of the presence of the Flagger shall be placed beyond the
point where traffic can reasonably be expected to stop under the most severe conditions for that
day's work.
FOUNDATION BACKFILL MATERIAL. TYPE I:
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207
of the Standard Specifications. No separate 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.
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 in prices bid for Landscape Items. Bag grown plants are not acceptable.
MAILBOXES:
Existing mailboxes that are in conflict with the proposed construction shall be removed and
relocated. Where feasible the existing mailboxes and supports may be utilized as approved by
the Engineer so long as the supports are of metal PIPE with a maximum diameter of two (2)
inches or wood, with a maximum diameter of four (4) inches.
G -7
NOTE: There shall be no supports of any material other than the two mentioned above. All
existing mailboxes and supports containing brick, masonry of any type, metal, etc. shall be
disassembled and all components, not meeting the above requirements, shall be removed from
the project and disposed in a proper manner.
When not shown as a pay item, payment shall be included in the price bid for Lump Sum
Construction and itemized as such.
MISCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction
Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or special design shall
be paid for Per Each. There will be no separate payment for additional depth unless specifically
shown as a pay item.
NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., with concrete
topslabs shall include manhole rings and covers. The Contractor shall install the manhole rings
and covers such that the steps can be easily accessed.
NORMAL WORKING HOURS:
The normal working hours for ARC Inspectors are from 8:30 AM to 5:00 PM. When the
contractor elects to work outside these hours he shall be billed for the Inspectors salary plus
benefits unless such work is initiated by the Owner. The contractor may utilize a certified testing
company in lieu of the ARC Inspector when approved by the Engineer. Payment for the
contractor's testing company will be the responsibility of the contractor. (See article below on
TESTING.
PATCHING AND REPAIR OF MINOR DEFECTS:
Where needed, the contractor is required to patch and repair existing potholes, minor pavement
defects, and base failures in accordance with the Specifications.
PAVEMENT CUTS:
All pavement cuts shall be sawed with a neat vertical edge, regardless of material, consistently
straight enough that a roller can follow the edge precisely to achieve the desired compaction.
Irregular edges will not be accepted. Payment shall be included in the price of the pipe.
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).
PIPE CULVERTS:
Unless otherwise noted, all storm drain, longitudinal and stub pipes are to be reinforced concrete.
All required pipe culverts shall be in accordance with Standard 1030-D.
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No separate
pay item will be made for this material for its placement.
G - 8
Payment for pipe culvert or utility installation includes sawing and/or cutting and removing
existing pavement, sidewalk, curbing, etc., and replacing same as specified in accordance with
Standard 1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B"
concrete and for construction concrete collars.
The Contractor shall include in his price bid for pipe, the additional cost of bends, tees, fasteners,
appropriate gaskets (see Section 848 of the Standard Specifications), and structure excavation.
PRECAST CONCRETE UNITS:
Precast Concrete Units, other than those specifically allowed by Georgia Department of
Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc., shall not be
installed without written permission from the Engineer. Any such units installed without such
written permission shall be removed from the project.
RELOCATED WATER METERS:
Relocated water meters and water meter boxes may not be placed in the sidewalk.
REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD:
It shall be the contractor's responsibility to remove and reset any and all existing ornamental
shrubs and bushes and sod in conflict with proposed construction. Coordination with the
property owners is essential in this endeavor. The Contractor will not be held responsible for
care and maintenance after removing and resetting these plants and sod except in cases where the
Contractor's equipment causes irreparable damage or where plants and/or sod dies as the result
of negligence on the Contractor's part. In which cases, the Contractor will be held responsible
for replacement. Sod shall be reset with ground preparation in accordance with Subsection
700.05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall
remove the sod in a manner that will be conducive to insuring that the reset sod will live. At the
Contractor's option, he may replace any sod he removes with new sod of the same type. No
separate payment will be made for this work or replacements unless specifically shown as a pay
item.
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.
All buildings located on newly acquired R/W and/or easements shall be relocated by the
Contractor. Such buildings on existing R/W and/or easements shall be removed by the owner or
will become the property of the Contractor.
SAL V AGEABLE MATERIALS:
As directed by the Engineer or his representative, all salvageable materials, such as drainage
pipe, which require removing but are not to be used on this project, are to be cleaned and stored
within the right-of-way by the Contractor. These materials shall be picked up and transported by
G- 9
G -10
Augusta-Richmond County forces. The Contractor is responsible and shall make restitution to
Augusta-Richmond County for materials damaged through his negligence.
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. Unless
specifically noted this does not apply to pipe trenches.
SOD:
Sod will not be paid for separately when used to match or replace sod on adjacent lawns as
replacement in kind. See GDOT specifications, subsection 700.04 E.
SPECIAL EVENTS:
When Special Events occur, such as the Augusta Masters Golf Tournament, all work shall be
safed up, shut down and maintained until the Engineer okays the resumption of work. No project
is exempt without the expressed approval of the Engineer. If these type work stoppages impose
a hardship, contract time wise, consideration will be given to extending the contract time in an
amount commensurate with the delay caused by such work stoppages provided the Contractor
has otherwise pursued the work diligently.
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.
SPENDOUT SCHEDULE:
A Spendout Schedule beginning with the Notice to Proceed and extending through the
anticipated construction life of the project, shall be submitted at the. Pre-Construction
Conference. Such schedule shall include the anticipated earnings on a monthly basis.
G-ll
STORM DRAIN PIPE:
Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete
and shall include O-ring gaskets.
SUB-CONTRACTORS:
The Contractor shall furnish the official name, plus the name and telephone number of the 24-
hour emergency contact of all firms he proposes to use as Subcontractors in the work. This
information is to be furnished at the Preconstruction Conference. However, no work shall be
done on this project by a Subcontractor until the Contractor receives approval of his
Subcontractor(s) from the Engineer.
NOTE: All submissions shall include the following information for each Subcontractor:
1) Name of Subcontracting Firm
2) Description of Work To Be Done
3) Contact Person's Name and 24 Hour Phone Number
TESTING OF THE WORK:
The Contractor shall employ a qualified materials testing laboratory to monitor more fully the
quality of materials and work and to perform such tests as may be required under the contract
documents as conditions for acceptance of materials and work. THE ENGINEER MAY
ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF
THE WORK.
All test results are to be submitted to the Engineer. No separate payment will be made for
employing the testing laboratory or any required tests.
TEST ROLLING:
Prior to placing any base course, the subgrade shall be test rolled on six feet centers using a
loaded dump truck or other equipment approved by the Engineer.
TRAFFIC CONTROL:
The Contractor shall provide construction signs in accordance with requirements of "Manual on
Uniform Traffic Control Devices for Streets and Highways"; current edition with added
supplements and special provisions.
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.
The Contractor shall so conduct his operations that there will be a minimum of interference with,
or interruption of, traffic on the travelway. This applies to the initial installation and the
continuing maintenance and operation of the facility. At least one-lane, two-way, traffic shall be
maintained at all times unless approved otherwise by the Engineer. As a minimum, the
Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition
and Georgia Standard 9102.
The Contractor shall provide all temporary traffic control devices needed to safely direct traffic
through the construction area.
All temporary traffic control devices are to be placed in accordance with Georgia Department of
Transportation Standards and Specifications.
TRAFFIC DETOURS:
Where detours are required and in accordance with Section 150 of the Standard Specifications
and any Supplements thereto, the Contractor shall file for approval a detour plan of operation for
this project. This plan shall include details of staging and rerouting of traffic including estimated
length of time for use of the detours.
The Contractor shall.so conduct his operations that there will be a minimum of interference with,
or interruption of, traffic upon and along the roadway. 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.
UTILITIES:
All utility facilities except those owned by Augusta Utilities Department which are in conflict
with construction, not covered as specified items in the detailed estimate, are to be removed and
relocated to clear construction by the respective owners with the exception of Augusta Utilities
and Augusta Traffic Engineering unless added later to the contract as a supplemental item. All
"above ground" utility structures will be located as near as possible to the right-of-way line.
The Contractor will not be paid for any delays or extra expense caused by utility facilities
obstructions or any other items not being removed or relocated to clear construction in advance
of his work. -
All known utility facilities are shown schematically on the plans, and not necessarily accurate in
location as to plan or elevation. Utility facilities such as service lines or unknown facilities not
shown on the plans will not relieve the Contractor of his responsibility under this requirement
except as noted below. "Existing Utility Facilities" means any utility facility that exists on the
highway project in its original, relocated or newly installed position. Other than service lines
from street mains to the abutting property the contractor will not be held responsible for the cost
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 Contractor shall use the one-call center telephone number 1-800-282-7411 for the purposes
of coordinating the marking of underground utilities.
The Contractor's attention is directed to the probability of encountering private utility
installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems,
gas and underground telephone cables that either are obstructions to the execution of the work
G - 12
Atlanta Gas Light Company
1840 Wylds Road
Augusta, GA 30913
Phone: (706) 481-1452
Fax: (706) 481 -1495
Attn: Carl Corley
Augusta Richmond County Utilities
360 Bay Street, Suite 180
Augusta, GA 30901
Phone: (706) 312-4132
Fax: (706) 312-4133
Attn: Russell Thies
Resurfacing Hephzibah - McBean Road
Project Number: C37856-07-000-0 / PRC Number: 10-8009-00 (730) Cl
PCN Number: C009730CI000
THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK
BEGINS:
(Contacts revised July 12,2007)
Bell South
3841 Wrightsboro Road
Augusta, GA 30909
Phone: (706) 228 -5203
Fax: (706)855-1917
Attn: Austin Sapp
Georgia Power
290 North Peachtree Street
P.O. Box 188
Lincolnton, GA 30817
(706) 836-0130
(706) 359-6115
Attn: Mr. Al Danner
Knology of Augusta
3714 Wheeler Road
Augusta, GA 30909
Phone: (706) 364-1015
Fax: (706) 364-1011
Attn:- Richard Strength
Jefferson Energy Cooperative
P.O. Box 457
Wrens, GA 30833
Phone: (706) 547-5019
Fax: (706) 547-5051
Attn: Mike Wasden
Comcast Communications
P.O. Box 3579
Augusta, GA 30904
Phone: (706) 739 -1865
Fax: (706) 733 - 6942
Attn: Kevin O'Meara
KMC Telephones
(706) 821 -2522
Attn: Dennis Norviel
G-!3
G -14
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.
WARRANTY:
Unless otherwise specified, all contract work is subject to a 12-month warranty. The 12-month
warranty is hereby modified to include the following: Any repairs, corrections or modifications
performed within the last six months of the original 12-month warranty shall have the original
12-month warranty extended 180 calendar days past the date of such repairs, corrections or
modifications.
TC-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 150 - Traffic Control (Rev. June 21, 1994)
Retain Section 150 as written and add the following:
For this project, all references to flags on constroction warning signs in the Standard Construction Details
listed below are deleted except for signs which are mounted at less than seven (7'). feet in height (portable
signs). .
Standard Construction Details
.
Typical By.Pass Detaurfor Two-Lane Highway
Typical Detour Across Median
Transition of 4.Lane Divided Highway to 2-LaneHighway
Traffic Control General Notes, Standard Legend, Miscellaneous Details
.
.
In addition, G20-1, G20.2A, and W20-1 signs shown on Georgia S.tandards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated
September 3, 1993.
150.02 WORK ZONES: Delete ''Work Zones" and substitute: Temporary Traffic Control Zones.
150.02. 8.2.: Delete last sentence and substitute: Channelization device spacing shall be 10 feet for 200
feet in advance of the temporary gore, and 10 feet for the first 100 feet of the temporary gore.
150.03. F.1. MATERIALS - INTERIM SIGNS: Retain as written and add secondparagraph.
Posts for all interim signs shall be constructed to yield upon impact unless the posts are protected
by guardrail, portable barrier, impact attenuatar or other type of positive barrier protection.
Unprotected posts shall meet the breakaway requirements of the "1985 AASHTO Standard
Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals".
Unprotected post splices will not be permitted any higher than four inches above the ground line
to lessen the possibility of affecting the undercarriage of a vehicle.
150.03.H. .CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE
REQUIRED 'TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF
WARNING FLAGS.
Delete first sentence of second paragraph and su.bstitute:
Construction warning signs which are mounted at less than seven feet in height (portable signs) shall
have two 18 inch x 18 inch fluorescent red-orange or orange~red warning flags mounted on each sign.
June 22, 1994
First Use: July 24, 1994
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.04.E.2.a.2.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid lines are
required.
150.04. E.2.b.1.: Retain. as written and add: In lane shift areas skip lines are not allowed. Solid lines are
required.
150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute Type
11 (eleven).
150.10 PAYMENT: Item No. 641- Delete reference to Type 9 an.d substitute Type 11 (eleven).
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
Modification of Standard Specifications, 1993 Edition
Retain Section 150 as written and add the fa llowin.g:
For this project, all references in the Standard Construction Details listad below to Type I Barricades,
Type II Barricades, Type "A" flashing-lights and Type "e" steady burn lights are deleted, e:x:cept that
Type "C" lights will be required for tapers in nighttime lane 9losures;
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 deletad.
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
Rev. June 21, 1994
First Use: July 24, 1994
Rev.: August 16, 1994
Modification of the Standard Specifications, Current Edition
Delete Section 150 as written an.d su.bstitute the following:
150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTeD shall be
considered the Traffic Control Plan. Activities shall consist offuinishing, installing, maintaining, and
removing necessary traffic signs, barricades, ligh ts, signals, cones, pavement markings and other traffic
control devices and shall include flagaing and other means for guidance and protection of vehicular and
.- . ... . -;~21
TC-31
DEP ARTMENT 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 constroction work zones.
When any provisions of this Specification or the Plans do not meet the minimun1 requirements of the
Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition of the
MUTeD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration ofilie
project.
A. The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor
cwrcS) who shall be responsible for selecting, installing and maintaining all traffic control devices
in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's
traffic control responsibilities shall have priority over all other assigned duties.
As the representative of the Co~tractor, the WTCS shall have full authority to act on behalf of the
Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in
safe traffic control practices in accordance with Part VI of the MUTCD. In addition to the WTCS all
others making decisions regarding traffic control must meet the training requirements of Part VI of
the MUTCD. On projects where traffic control duties will not require full time supervision, the
Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as
satisfactory results are obtained.
The WTCS shall have a copy of the MUTCD on the job site. Copies of current MUTCD may be
obtained from:
U.S. Government Printing Office
Superintendent of Documents
Mail Stop: SSOP
Washington, D.C. 20402-9328
The WTCS shall be available on a 24-hour basis as needed to maintain traffic control devices with
access to all personnel, materials and equipment necessary to respond effectively to an emergency
situation within forty-five (45) minutes of notification of the emergency.
The WTCS shall supervise the initial installation of traffic control devices which will be reviewed by
the Engineer prior to the begi.n.ning of construction. Modifications to traffic control devices as required
by sequence of operations or staged construction must be reviewed by the WTCS. The WTCS shall
regularly perform inspections to ensure that traffic control is maintained.
B. All traffic control devices used during the construction of a project shall meet the Standards utilized
in the MUTCD, and shall comply with the requirements of these Specifications, Project PI aIlS , and
Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09.
C. All reflectorization for construction (black on orange) signs, object markers, and channelization
devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other
signs shall meet the requirements of Type I unless otherwise specified.
D. No work shall be started on any project phase until the appropriate traffic control devices have been.
placed in accordance with Project requirements. Changes to traffic flow shall not commenCe unless
all labor, materials, and equipment necessary to make the changes are available on the Project.
E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation,
sequence of work and methods of providing for the safe passage ofvehicular 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 wit~ Subsection 104.03
of the Standard Specifications. .
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Some additional traffic control details will be required prior to any major shifts of traffic. The traffic
control details shall include, but not be limited to, the following:
1. A detailed drawing showing traffic location and lane age for each step of the change.
2. The location, size, and message of all signs required by the MUTeD, 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 gTades along each edge of existing pavement.
6. Drainage details for remporary and permanent alignments.
7. Location, length, and/or spacing of channelization and protective devices (remporary barrier,
guardrail, barricades, etc.)
8. Starting time, duration and date of planned change.
9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriare, detailing
workforce, materials, and equipment necessa:ry to accomplish the proposed work. This will be the
minimum resource allocation required in order to start the work.
The above details shall be submitted to the Engineer for approval at least 14 days prior to the
anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has
been approved by the Engineer prior to commencement ofthe physical shift. All preparatory work
relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the
designated starting time. The Engineer and the Contractor's representative will verify that all
conditions have been met prior to the Contractor obtaining materials for the actual traffic shift.
F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be
maintained in accordance with Subsection 104.05 throughout the construction period. All
unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic
control devices shall be removed, placed or covered so as not to be visible to traffic. If traffic control
devices are left in place for more than ten days after completion of the Work., the Department shall
have the right to remove such devices, claim possession thereof, and deduct the. cost of such removal
from any monies due, or which may become due, the Contractor.
G. The Department reserves the right to restrict construction operations when, in the opinion of the
Engineer, the continuance of the Work would seriously hinder traffic flow on days immediately before,
on, or after holidays or other days in which unusual traffic conditions exist, including threatening or
inclement weather.
150.02 WORK ZONES:
A. In addition to the other provisions contained herein, work zone traffic control shall be accomplished
using the follOwing means and materials:
1. Portable advance warning signs as required by the contract or meeting the requirements ofthe
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"
TC-4/
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
wide with not less than 15 lamps used for the arrow. The arrow will occupy virtually the entire
size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum
legibility distance is that distance at which the arrow panel can be comprehended by an obse1'V'er
on a sunny day, or clear night. Arrow panels shall be equipped with automatic dimming features
for use during hours of darkness. The arrow panels shall also meet the requirements as shown
in the MUTeD. The sequential or flashing arrow panels shall not be used for lane closures on two-
lane, two-way highways when traffic is restricted to one-lane operations in which case,
appropriate signing, flaggers 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 Subsection 150.04.A.
B. LANE CLOSURES:
1. All lane closures shall have prior approval of the Engineer. Lane closures that require same
direction traffic to be split around the Work Area will not be approved for roadways with posted
speeds of 35 mph or greater, excluding turn lanes.
2. On multilane highways where traffic has been shifted to the inside lanes for overnight use, the
entrance and exit ramps shall have channelization devices placed on both sides of the ramp. The
temporary ramp taper length shall be greater than, or equal to, the existing taper length. Interim
EXIT gore signs shall be placed at the ramp divergence. Channelization device spacing in the first
100 feet of the temporary gore shall be 25 feet. .
3. Termination Area: The transition to normal or full width highway at the end of a lane closure
shall be a maximum of 150 feet.
4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07,
the Contractor shall remove all signs, lane closure markings, and devices immediately when lane
closure work is completed or temporarily suspended for any length of time or as directed by the
Engineer.
C. TRAFFIC PACING METHOD:
1. PACING OF TRAmC: With prior approval from the Engineer, traffic may be paced allowing the
Contractor up to ten (10) minutes maximum to work in or above all lanes of traffic for the
following purposes:
a. Placing bridge members or other bridge work.
b. Placing overhead sign structures.
c. Other work items requiring interruption of traffic.
The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing light for
each direction of pacing. The police officer, Engineer, and flaggers at ramps shall be provided with a
radio which will provide continuous contact With the Contractor.
TC-S!
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DEP ART.MENT OF TRANSPORTATION
STATE OF GEORGIA
. .
When ready to start the work activity, the police vehicle will pUll into the travel lanes and act as a
pilot vehicle slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform
the Work. Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic,
with a flagger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be opened
after the police vehicle has passed.
Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph
non-interstate. The. Contractor shall provide a vehicle to proceed in front of" the police vehicle and
behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared
the area.
Traffic will not be permitted to stop during pacing except in extreme cases as approved by the
Engineer.
2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of
the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72
inch) with a Type "B" flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY"
(See 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 tla.shing 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.
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic
unless separated by a positive bamer, or when construction activity necessitates otherwise, and shall
not reverse direction except at intersections, interchanges, or approved temporary crossings. .
E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not
interfere with normal traffic operations or adjacent properties.
F. Existing street lighting shall remain lighted as long as practical and until removal is approved by the
Engineer.
G. Adequate temporary lighting shall be provided at all nighttime work sites where workers will be
immediately adjacent to traffic.
H. For their own protection, workers in or adjacent to traffic during nighttime operation shall wear
reflectorized vests.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
1. The parking of Contractor's and/or workers personal vehicles within the work area or acljacent to
traffic is prohibited.
J. The Worksite Traffic Control Supervisor (WTCS) shall monitor the work to ensure tha.t all the rocks,
boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are
kept clear of the travel way. These items shall be stored in a location, in so far as practical, where they
will not be subject to a vehicle running off the road and striking them.
K All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate
changes to existing walkways, temporary walkways shall be provided and maintained, with
appropriate signs as necessary, to allow safe passage of pedestrian traffic.
150.03 SIGNS:
A. When required for proper traffic control during construction of the project, all existing guide, warning,
and regulatory signs shall be maintained by the Contractor in accordance with these SpecifiCations.
Existing street name signs shall be maintained at stre et intersections. All existing illuminated signs
shall remain lighted and be maintained by the Contractor.
B. When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered
so as not to be visible to traffic. All construction warning signs shall be removed within seven calendar
. days after time charges are stopped or pay items are complete. Subsequent punch-list or other work
to be performed shall be accomplished utilizing temporary construction warning signs that shall be
removed daily.
C. The Contractor shall not remove any existing signs and supports without prior approval from the
Engineer. All existing signs and supports which are to be removed shall be stored and protected as
directed by the Engineer, and become the property of the Department unless otherwise specified in
the contract documents.
D. Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed,
reused and maintained by the Contractor in accordance with the MUTCD, the Plans, Special
Provisions, or as directed by the Engineer. These signs shall remain the property of the Contractor.
The bottom of all interim signs shall be at least seven feet above the level of pavement edge.
E. Existing special guide signs on the Project shall be maintained until conditions require a change in
location or legend content. When change is required, existing signs shall be modified and continued
in use if the required modification can be made within existing sign borders using desi~
requirements Qegend, letter size, spacing, border, etc.) equal to that 'of the existing signs, or of
Subsection 150.D3.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 aegend) that applies to a particular roadway location. When
an existing special guide sign is in conflict with work to be performed, the Contractor shall remove
the conflicting sign and reset it in anew, non-conflicting location which has been approved by the
Engineer. .
2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize existing signs, either in
place or relocated, the 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.
T~91
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. The installation of new permanent special guide signs and the permanent modification or
resetting of existing special guide signs, when included in the contract, shall be accomplished as
soon as practical to minimize the use of intarim special guide signs. Iflighting is required by the
Plans, all new permanent overhead special guide signs shall be lighted as soon as erected.
5. Interim special guide signs that may be required in addition to, or a replacement for, existing
expressway and freeway (interstate) signs must be designed and fabricated in compliance with
the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways"
and Part 2F "Guide Signs Freeways" of the MUTeD, except that the minimum size of all letters
and numerals in the names of places, streets and highways on all signs shall be 16 inches Series
''E'' initial upper-case and 12 inches lower-case. All interstata shields on these signs shall be 48
inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the
exit road name or routa shield shall be placed on the exit gore sign.
F. MATERIALS - INTERIM SIGNS:
1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green
or silver paint may be used in He,u of galvanization for steel posts or structural shape posts. Wood
posts are not required to be pressure treated.
2. SIGN 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 reWorced plastics,
recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research
for use as interim construction signs before these materials are allowed to be incorporated into
the work.. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum.
Plywood blanks or panels will not be permitted.
G. All existing, interim and new permanent signs shall be installed so as to be completely visible for an
advance distance in compliance with the MUTeD. Limbs, brush, construction equipment and
materials shall be kept clear of the driver's line of sight to the signs.
:-
, H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the
MUTeD and shall include a series of at least three advance road construction (W20-1) signs placed
at the termini of the project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET,
AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend
ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILE.) On.ramps and at grade intersecting roadways
shall be signed with a minimum of one ROAD WORK AHEAD sign.
All construction warning signs shall have two 18 inch:x 18 inch fluorescent red-orange or orange-red
warning flags mounted on each including the project construction signs (G20~1 and G20-2A.) Project
mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest
whole mile. All construction warning signs on divided highways shall be double indicated (i.e., on the
left and right sides of the roadway.)
I. The sequential or flashing arrow panels shall be placed on the shoulder at or near the point where
the lane closing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable
support. Vehicle mounted panels shall be provided with remote controls. Minimum mounting height
shall be seven feet above the roadway to the bottom of the panel, except on vehicle mounted panels
which should be as high as practical. -
J. The portable changeable message sign, when specified, shall be placed ahead of construction activities
and shall meet the requirements of Section 632 and the MUTeD.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
K. The flashing beacon assembly, when specified, shall be used in 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 conformance with
Section 3A and 3"B, except 3B-3 and 3B-5, of the MUTCD are required on a11 courses before the
roadway is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E. During
construction and maintenance activities on all highways open to traffic, both existing markings and
markings applied under this Section shall be fully maintained until Final Acceptance. If the pavement
markings are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering,
or construction activities, they shall be restored immediately. On resurfacing projects pavement
markings shall be provided on all surfaces that are placed over existing markings. On widening and
reconst.ruction projects (where the lane configuration is altered from the pre-construction layout)
pavemEint markings will be as required by the Plans or the Engineer. On new construction projects
paveme~nt marking plans will be provided.
B. MATE1i~IAI.S: All traffic striping applied under this Section shall be a minimum four inches in width
and shall conform to the requirements of Section 652, except as modified herein. Raised pavement
markers (RPMs) shall meet the requirements of Section 654. Markings on the final surface course
which Dlust be removed shall be a removable type. The Contractor will be permitted to use paint,
thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise
directed by the Engineer. Partial (skip) reflectorization (i.e. reflectorizing only a portion of a stripe)
will not be allowed.
- C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of
marking:s in the final lane configuration at the earliest possible stage.
Inappropriate or conflicting existing pavement markings shall be removed.
When shifting of traffic necessitates removal of centerline,lane lines, or edge lines, all such lines shall
be removed prior to, during, or immediately after any change so as to present the least interference
with traffic.
Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the
project for immediate use. If marking removal equipment failures occur, the equipment shall be
repaired or replaced (including leasing equipment if necessary), so' that the removal can be
accomplished without delay.
Except for the final surface, markings on asphal tic concrete may be obliterated by an overlay course,
when approved by the Engineer. When an asphaltic concrete. overlay is placed for the sole purpose
ofelimin~Lting 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 obl~terate lines will be paid
for only once and further traffic shifts in the same area shall be accomplished With removable
markings. Only the minimum asphaltic concrete thickness required to cover lines (generally 60 IbJsq.
yd. of Asphaltic Concrete ItHIt) will be allowed. Excessive build-up will not be permitted. When an
overlay for the sole purpose of eliminating conflicting markings is not allowed, the markings no longer
applicable shall be removed in accordance with Subsection 656.02. The elimination of conflicting
pavement markings by overpainting with paint or liquid asphal t is not acceptable.
D. Raised pavement markers (RPMs) are required as listed below far all asphaltic concrete pavements
before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or final
surface and is open to traffic, one calendar day is allowed for cleaning arid drying before the
insta1latic)Q of RPMs is required.
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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 ta traffic as follows:
a. SUPPLEMENTING LANE LINES:
80 foot centers on skip lines with curvature less than three degrees. anc1udes tangents.)
40 foot centers on solid lines and all lines with curvature between three degrees and six
degrees.
20 foot cenUlrs on curves over six degrees.
20 foot centers on lane transitions or shifts.
b. SUPPLEMENTING RAMP GORE LINES:
20 foot centers, two each, placed side by side.
c. OTHER LINES:
As shown on the plans or directed by the Engineer.
2. On other highways under construction RPMs shall be used and/or maintained on intermediate
pavement surfaces a.s follows:
a. SUPPLEMENTING LANE LINES AND SOLID LINES:
40 foot centers except on lane shifts. (When required in the Plans or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
b. SUPPLEMENTING DOUBLE SOLID LINES:
40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans
or Contract.)
.20 foot centers on lane shifts. (Required in all cases.)
RPMs are Il.Q.t 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. '!WO-LANE, TWO-WAY ROADWAYS
a. SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes
shall be at least four feet long with a maximum gap of 36 feet. On curves greater than six
degrees, a two-foot stripe with a ma.'timum gap of 18 feet shall be used. In lane shift areas
skip lines will not be allowed. Solid Lines will be required. Interim skip lines will be
permitted for a period not to exceed 14 calendar days. Interim skip lines must be replaced
with markings in full compliance with Section 652 prior to expiration of the 14 calendar day
period.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Interim raised pavement markers may be substituted for the interim skip (broken) stripes.
If raised pavement markers are substituted for the four foot interim skip stripe, four markers
spaced at equal intervals over a four feet distance will be required. No separate payment will
be made if the interim raised pavement markers are substituted for interim.skip lines.
Interim raised pavement markers shall be retro-reflective, shall be the same color as the
pavement markers for which they are substituted, and shall be visible during daytime.
The type of interim marker and method of attachment to the pavement must be approved by
the Office of Materials and Research but in no case will the markers be attached by the use
of nails.
The interim raised pavement markers must be maintained until the full pattern pavement
markings are applied. At the time full pattern pavement markings are applied the interim
raised markers shall be removed in a manner that will not interfere with application of the
full pattern pavement markings.
b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three
. calendar days where skip centerlines are in place, no-passing zones may be identified by
using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the
beginning and at intervals not to exceed 1/2 mile within each no-passing zone. A post ~r
portable mounted PASS WITH CARE regulatory sign (R4-124" x 30") shall be placed at the
end of each no-passing zone. Post mounted signs shall be placed in accordance with the
MUTCD. Portable signs must have a minimum vertical height of three feet above the
pavement surface to the bottom of the sign and be secured in such a manner as to not be
easily blown over or misaligned.
c. EDGELINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that
are in use for a period of less than 60 calendar days except at bridge approaches, on l~e
transitions, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 30 calendar days of the time that the final surface
was placed.
(2) All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that
are in use for a period ofless than 30 calendai' days except at bridge approaches, on lane
. transitions, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 14 calendar days of the time that the surface was
placed.
d. MISCELLANEOUS PAVEMENT MARKINGS; School zones, railroads, stopbars, symbols,
words and other similar markings shall be placed on final surfaces conforming to Section 652
within 14 calendar days of completion of the final surface. On intermediate surfaces these
markings will generally not be required unless specified by the Engineer because of special
conditions or when the intermediate surface will be in use for more than 45 calendar days.
2. MULTI-LANE HIGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOUR FEET OR LESS
a. UNDIVIDED HIGHWAYS (INCLUDES PA YED CENTER TURN LANE)
(1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers
shall be restored before nightfall.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.l.a. may be
used for periods not to exceed three calendar days.
(3) Edgelines - Edgelines shall be placed on intermediate and final surfaces within three
calendar days of obliteration.
b. DMDED IDGHWAYS (GRASS OR RAlSEDMEDIAN)
(1) Lanelines - Full pattern skip stripe shall be restored before nightfall.
(2) CenterlinelEdgeline - Solid lines shall be placed on intermediate and final surfaces within
three calendar days of obliteration.
c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.1.d.
3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER
THAN FOUR FEET
a. Same as Subsectiono150.04.E.2. except as noted in (b) below.
b. EDGELlNES-
(1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and final
surfaces prior to opening to traffic.
(2) Portland Cement Concrete Pavement - Edgelines shall be placed on any surface open to
traffic no later than one calendar day after work is completed on a section of roadway. All
water and residue shall be removed prior to daily striping.
F. APPLICATION OF PAVEMENT MARKINGS: The Contractor shall furnish layout. clean as
necessary. and preline the surface for the placement of pavement markings applied under this
Section. All existing marking tape on final surfaces shall be removed prior to placement of final
markings.
Pavement markings shall re-establish No-Passing Zones in the locations and configuration that
existed prior to construction. Existing No-Passing Zones shall be clearly identified as to location prior
to construction by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new
location projects and on projects where either hori7:ontal or vertical alignments have been modified,
the location of No-Passing Zones will be identified by the Engineer. .
G. MOBILE OPERATIONS: When pavement markings (centerlines, lane lines, and edge lines) are
applied in a continuous operation by moving vehicles and equipment, the following minimum
equipment and warning devices shall be required in addition to the requirements of the MUTCD:
1. A lead vehicle is required for two-way traffic conditions and shall have an approved sequential
or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead vehicl e is not
required for low volume off-system routes and one-way traffic applicatioWl. 0
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 I ead vehicle then an approved arrow panel
shall be mounted so as to be easily visible to oncoming traffic. The work vehicle shall follow
directly behind the lead vehicle.
3. The work vehicle placing cones shall follow directly behind the work vehicle applying the
markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the
rear.
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the prouction
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 attenuatar ('rMA) that is certified for impacts not less than 45 mph in accordance with
NCHRP 230.
5. All vehjcIes shall be equipped with the official slow moving vehic1esymbol sign and left and right-
side rear mounted flashing yellow lights.
150.05 CHANNELIZATION
A GENERAL: Channelization should clearly delineate the travelway through the work zone and alert
drivers and pedestrians to conditions created by work activities in or near the travel way.
Channelization shall be done in accordance with the plans and specifications, the MUTCD, and the
following requirements .
1. Types of Devices Permitted for Channelization in Construction Work Zones:
a. DRUMS:
(1) DESIGN: Drums shall meet the minimum requirement of.the MUTCD and shall be
reflectorized as required in Subsection 150;01.C.
(2) APPLICATION: Drums shall be used as the required channelizing device to delineate the
fu111ength of a lane closure, shift, or encroachment, except as modified by this Subsection.
(a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be used on all
transition tapers. The minimum length of the approach transition taper for a lan.e closure,
shift, or encroachment for highways with posted speed of 45 mph or greater shall be equal
to the lane width oflateral shift (Ft.) x the posted speed limit (Mph), (L = WS), but not
less than 150 feet. For multiple lane closures, only one lane may be closed per taper with
a minimum tangent length of 2L between tapers. The length of a closed lane, excluding
the transition taper, will be limited to two mile,unless otherwise approved or directed by
the Engineer. Drums shall be placed the full length of the taper spaced at ma:rimum
. inte1"Vals 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, axe required if the
condition exists into the night.
(b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for
various roadside work conditions except as modified by Subsection 150.06. Spacing shall
be used for situations meeting any ofthe conditions listed as follows:
(1) 50 FOOT SPACING MAXIMUM:
(a) For difference in elevation exceeding two inches.
(b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail
150-E"1
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TC-15
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) 100 FOOT SPACING MAXIMUM:
(a) For difference in elevation of two inches or less.
(b) Flush areas where equipment or workers are within ten feet of the travel lane.
(3) 200 FOOT SPACING MAXIMUM: '\Vhere equipment or 'Workers are more than
ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane.
(a) For paved areas eight feet or greater in width that are paved flush with a
standard width travel lane.
(b) For disturbed shoulder areas not completed to typical section that are flush
to the travel lane and considered a usable shoulder.
When the appropriate signs are posted advising of conditions such as soft or low
shoulder, drums may be removed after shoulders are completed to typical section
and grassed and after guardrail or other safety devices have been installed.
b. VERTICAL PANELS:
(1) DESIGN: All vertical panels shall have a minimum of 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 travelway should permit a
remaining lane width often feet. When encroachment reduces the travel way to less than ten
feet, vertical panels shall be used to restore the travel way to ten feet or greater. No other
application of vertical panels will be permitted.
c. CONES:
(1) DESIGN: All cones shall be a minimum of 28 inches in height regardless of application and
shall meet the requirement of the MUTCD.
(2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight
closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime
work will not be permitted.
d." BARRICADES:
(1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III .
bamcadesshall meet the minimum requirements of the MUTeD and shall be reflectorized
as required in Subsection lSO.OI.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 oftheMUTCD.
(2) APPLICATION:
(a) Type A low-intensity flashing lights shall be used as shown in the Plans, the
Standards, and as directed by the Engineer. Flashing lights are not required for advance
warnin~ signs in Subsection l50.03.r
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(b) Type C Steady-Bum 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: Portable Barriers shall be placed as required by the plans. standards, and
as directed by the Engineer. When Portable Barrier is located 20 feet or less from a travel
lane, yelJow 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 reflecuJrS shall .
be either 10" x 10" square Type V (or equal) reflective sheeting mounted on flat-sheet panels,
or 8" diameter center-mounted sealed prismatic reflex reflectors housed in an aluminum
backing with a single grommeted hole.
Approach end oEPortab1e Barrier shall be flared or protected by an impact attenuatar (crash
cushion) or other approved treatment in accordance with Georgia Standard 4960,
Construction Details and Standard Specifications.
On interstate or other controlled access highways where lane shifts or crossovers cause
opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as
a separator.
B. TEMPORARY SAND LOADED ATrENUATOR MODULES
1. DESC1UPTI ON: This work consists of the furnishing, installation, maintenance, relocation, reuse
as required, and removal of Temporary Sand Loaded Attenuator Modules for traffic impact
attenuators.
2. MATERIALS: Materials used in the Attenuator shall meet the requirements of Subsection 648.02
for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules _
Stabilizer Drums with Wine Glass shaped Inner Containers.
3. CONSTRUCTION: Temporary Sand !.<laded Attenuator Module installation shall conform to the
requirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard
4960 and shall be install ed at locations designated by the Engineer. .
,
C. PORTABLE IMPACT A'ITENUATORS:
1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation,
maintenance, relocation, reuse as required, and removal of Portable Impact Attenuators.
2. :MATERIALS: Materials used in the Attenuatar shall meet the requirements of Section 650 for
Type A Portable Impact Attenuatars.
3. CONSTRUCTION: Portable Impact Attenuatar iIistallation shall conform ta the requirements of
Subsection 650.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be
installed at locations designated by the Engineer, and/or shown on the plans.
D. TEMPORARY GUARDRAIL ANCHORAGE - Type 11:
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance and removal of
Temporary Guardrail Anchorage. Type 11 used for Portable Barrier or temporary euardrail end
treatment.
TC-16
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
2. MATERIALS: Materials used in the Temporary Guar.drail 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 IIleet the requirements of
Standards may be utilized if available. The use of any salvaged ma~rials will require prior
approval of the Engineer.
3. CONSTRUCTION: Installation of the Temporary Guardrail Anchorage - Type 11 shall conform
to the requirements of the Plans, current Georgia Standards and Subsection 641.03 of the
Standard Specifications. Installation. shall also include sufficient additional guardrail and
appurtenances UJ effect the transition and connection to Temporary Concl'ete Barrier as required
by the details in Georgia Standard 4960.
150.06 EXCAVATION ADJACENT TO A TRAVEL LANE: Construction work involving trenching adjacent
ta a travelway shall not begin until the Contractor is able to continuously place the required typical
section t.o within two inches of the existing pavement elevation, or heal the remaining difference in
elevation to the traveled way as shown in Detail150-E.
ChanneliZation devices and placement during the construction period shall conform to the requirements
of Subsection 150.05 and Details l50-B, lSO-C, l50-D, and 150-E shown herein.
In addition to the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT)
(RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream
ofthe point where channelization devices are erected on the paving edge.
A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-<lffs in. elevation of more than
two inches between suz:{aces 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. ASPHA.LT BASES/BINDERS: Drop-<lffs 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: Construction work
adjacent to the traveled way which involves these types ofbases shall be healed within 48 hours after
the curing period is complete for each section placed. During the placement period, traffic control
devices will be in accordance with Subsection 150.05 and Detail 150-B.
D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRAVEL WAY: 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. As soon as
practical, the excavation shall be backfilled to the minimum. requirements of Detail 150-E. tn no case
will the drop-<lffbe allowed to exist more than five calendar days. This may require stage construction,
such as plating and backfilling the incomplete work.
TC-171
'(
'(
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
NOTEI Or-ums reQUrr-ed for thIs
locatfon,spaced at SO FT. fnte,-vals.
If the traveled way .rdth
ls reduced to less than
10 feet by the use of d,-ums.
vertIcal panels sholl be used
In rreu of drums.
Locatfon of drums when
drop-off exceeds 4 tnches.
----------~.& .
----~--------\
t NEW CONSTRUCTION +
TRAVEL LANE
~
DROP-OFF GREATER THAN 4 INCHES
DET AIL 150-8
Drums spaced at
50 feet lntervals.
Location of drums when
drop-off Is 2+ Inches to
~ Inches.
~:.::~------\
-----------\
t
NEW CONSTRUCTION
~(
TRAVEL LANE
~
DROP-OFF OF 2+ INCHES TO 4 ~CHES
DET AIL 150-C
TC18 I
Drums spaced at
100 feet tntervals.
<
t
Compacted graded
aQQreQate.subbas8
materIal or dirt.
NO STEEPER THAN 4:1
~
DEP ARTM:ENT OF TRANSPORTATION
STATE OF GEORGIA
LocatIon of dr~a when
drop-aft Is 2 'nches or less.
~f~':~______\
-----------\
. NEW CONS TRUCTION
+
TRAVEL LANE
DROP-OFF OF 2 INCHES OR LESS
DETAIL 150-0
~
LocatIon of drums ImmedIately
after completIon of healed sectIon.
spaced at SO ft. Intervals.
TOP OF DRUM TO BE LEVEL
(
t
NEW CONSTRUCTION
+
HEALED SECTION
DETAIL 150-E
TRAVEL LANE
~
TC-19 I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.07 FLAGGING AND PILOT CARS:
A. F1aggers 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 upon completion of the training from a Department approved training program. Failure
to provide certified flaggers as required above shall be reason for the Engineer suspending work
involving the flagger(s) until the Contractor provides the certified flaggens).
C. Flaggers shall wear high-visibility clothing in compliance with the MUTCD and shall use a Stop/Slow
paddle meeting the requirements of the MUTCD for controlling traffic. The Stop/Slow paddIes shall
have a shaft length of seven (7) feet minimum. In addition to the Stop/Slow paddle, a flagger may use .
a 24 inches square red/orange flag as. an additional device to attract attention. For night work, the
vest shall have reflectorized stripes on front and back.
D. Pilot vehicles shall be provided if 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 addition to the signs required by the MUTCD, signs at regular intervals, warning of
the presence of the flagger shallbe placed beyond the point where traffic can reasonably be expected
to stop under the most severe conditions for that day's work. .
150.08 ENFORCEMENT: The safe passage of pedestrians and traffic through and around the temporary
tr:affic control zone, while minimizing confusion and disruption to traffic flow, shall have priority over all
other Contractor activities. Continued failure of the Contractor to comply with the requirements of Section
150 (TRAFFIC CONTROL) will result in non-refundable deductions of monies from the Contract as shown
in this Subsection for non-performance of Work.
Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending
all other work on the Project, except erosion control and traffic control, taking correctin action as
specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work
on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to
the deductions for non-performance of traffic control.
=20 I
u~r .AKTMbNT u,t<' TRANSPORTATION
STATE OF GEORGIA
SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF
TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE
ORIGINAL TOTAL CONTRACT AMOUNT
From MOTe Than To and Including Daily CharKe
$0 $100,000 $100
100,000 1,000,000 250
1,000,000 5,000,000 500
5,000,000 20,000,000 750
20,000,000 40,000,000 1,000
40,000,000 - 1,500
150.09 MEASUREMENT:
A. TRAFFIC CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump
Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows:
When the first Construction Report is submitted, a payment of 25 (twenty-five) percent of the
Lump Sum price will be made. For each progress payment thereafter, the total of the Project
percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid (less
previous payments), not to exceed one hundred (100) percent and subject to normal retainage.
When no payment item for Traffic Control-Lu.mp Su.m is shown in the Proposal, all of the
requirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of
complying with these requirements will not be paid for separately, but shall be included in the overall
bid submittal.
B. SIGNS: When shown as a pay item in the contract, interim special guide signs will be paid for as
listed below. All other regulatory, warning, and guide signs, as required by the Contract, will be paid
for under Traffic Control Lump Sum or included in the overall bid submitted.
1. Interim ground mounted or interim overhead special guide 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 moves required.
2. Remove and reset existing special guide signs, ground mount or overhead, complete, in place, will
be measured for payment per each. Payment will be made only one time regardless of the number
of moves required.
3. Modify special guide signs, ground mount or overhead, will be measured for payment by the
square foot. The area measured shall include only that portion of the sign modified. Payment shall
include materials, removal from posts or supports when necessary, and remounting as required.
TC-21 I
DEP ARThffiNT OF T.l<.A.N.:3PORTATION .
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, PortalJle will be measured
as specified in Section 632.
E. TEMPORARY GUARDRAIL ANCHORAGE, Type 11: Temporary Guardrail Anchorage - Type 11 will
be measur.ed by each assembly, complete in place and accepted according to the details shown in the
plans, which shall also include the additional guardrail and appurtenances necessary for transition
and connection to TemporaIy Concrete Barrier. Payment shall include all necessary materials,
equipment, labor, site preparation, maintenance and removal.
F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation - Temporary will be
measured as specified in Section 647.
G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies wil1.be measured as specified in
Section 647.
H. TEMPORARY, SAND LOADED ATTENUA TOR MODULES: Each Sand Loaded Attenuatar Module
of the type specified includes all material components, hardware, incidentals, lahor, site preparation
and maintenance. Each module will be measured for payment by the drum only once regardless of the
number ofIocations installed. Modules tareplace those damaged or destroyed. by traffic impactwill
also be measured by the unit for payment. Upon completion of the project, the modules shall be
removed and retained by the Contractor.
I. PORTABLE IMPACT ATTENUATORS: Each Portable Impact Attenuator will be measured by the
unit which shall include all material components, hardware, incidentals, labor, site preparation, and
maintenance, including spare parts recommended by the manufacture for rep airing minor accident
damage. Each unit will be measured only once regardless of the number oflocations installed, moves
required, or number of repairs necessary because of traffic damage. Upon completion of the project,
the units shall be removed and retained by the ContractOr:
J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150. .
150.10PAYMENT:
When shown in the Schedule of Items in the Proposal, the following items will be p aid for separately.
Item No. 150. Traffic Control. . . . . ... . ... . . . ... . ..... ..... .. ............ .. . ...... Lump Sum
Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe~ Inch, (Color) .............. per Linear Mile
Item No. 150. Traffic Control, Solid Traffic Stripe,
Thermoplastic Inch, (Color) . . . . . . . . . . . . . . . . . . . . . . . . . . . per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe,
Thermophistic Inch, (Color) ...................... _... _ per Linear Mile
Item No. ISO. Traffic Control, Pavement Arrow with Raised Reflectors ....... _ . . . _ . . . .. per Each.
Item No. 150. Traffic Control, Raised Pavement Markers - All Types. . . . . . . . . . . . . . . . . .. per Each
Item No. 150. Interim Ground Mounted Special Guide Signs... . ... ........ . _. .. per Square Foot
Item No. 150. Interim Overhead Special Guide Signs ...................... _ . .. per Square Foot
TC-22 I
Item No. 150.
Item No. 150.
Item No. 150.
Item No. 150.
Item No. 150.
Item No. 150.
Item No. 150.
Item No. 150.
Item No. 622.
Item No. 632.
Item No. 641
Item No. 647.
Item No. 647.
Item No. 647.
--- _ '_40 (..............4.. ........."'.,
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 Attenuator ..... . . .. .......... . . ... .. .. Per Each
Traffic Control, Pavement Markers, Words and Symbols. . . . . . . . . .. per Square Foot
Traffic Control, Pavement Arrow (Painted) With Raised Reflectors ........ per Each
ModifySpecial Guide Sign, Ground Mount. . . . . . . . . . . . . . . . . . . . . . _ per Square Foot
Modify Special Guide Sign, Overhead . . . . . . . . . . . . . . . . . . . . . .. . . .. per Square Foot
Precast Concrete 'Median Barrier... . . . . ....... ... ... ..... ..... .. per Linear Foot
Changeable Message Sign, Portable .......................... _ . . . . . . . per Each
Temporary Guardrail Anchorage, Type 11 ............................. per Each
Traffic Signal Installation, Temp ........ . . . . . . . . . . . . . . . .. . . . . . . . . . . : Lump Sum
Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . . . . . . ~ pel; Each
Flashing Beacon Assembly, Cable Supported. . : . . . . . . . . . . . . . . . . . . . . . . .. per Each
=23 j