HomeMy WebLinkAboutBLAIR CONSTRUCTION HAUCHMAN HILL ROAD WHISNANT DR PAVING DIRT ROADS
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Invitation To Bid
Bids will be received at this office until 3:00 p.m., Thursday, March 9, 2006
Bid Item #06-110
Paving Dirt Roads Phase VIlI for Public Service Engineering
Bid's 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 $100.00
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 30904. It is the wish of the Owner that all businesses are given the
o:,portunity to submit on this project. To facilitate this policy, the Owner is providing the opportunity to view plans online
(www.digblueprint.com) at no charge through Digital Blueprint (706-821-0405) beginning Thursday, January 26, 2006. Bidders are
cautioned that submitting a package without review or 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, February 17, 2006 from 10:00 a.m. in the conference room of the
Procurement Department. All questions must be submitted in writing to the office ofthe Procurement Department by fax at
706-821-2811 or by mail. The last day to submit questions is Tuesday, February 21, 2006 by 4:00 p.m. No bid will be accepted
by fax, all must be received by mail or hand delivered.
It is the wish of the Owner that minority businesses are given the opportunity to submit on the various parts ofthe 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.
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 bidder's 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 bid 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.
Bidders are cautioned that sequestration of bid documents through any source other than the office of the Procurement Department is
not advisable. Acquisition of bid documents from unauthorized sources places the bidder at the risk of receiving incomplete or
inaccurate information upon which to base his qualifications.
Augusta has a Link Deposit program designed to provide loans to eligible local Small, Minority and Women Owned Businesses. For
more information about this program contact the Office of the Disadvantage Business Enterprise at 706-821-2406
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle
Augusta Focus
...
January 26, February 2,9, 16,2006
February 2, 2006
cc:
Tameka Allen
Yvonne Gentry
Abie Ladson
Robert Oliver
Interim Deputy Administrator
DBE Coordinator
Public Service Engineering
Public Service Engineering
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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.
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 S 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 S
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:
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(a)
Failing to satisfactorily meet terms, agreements, or contracts made with the
Procurement department or the using agency.
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.
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.
(b)
(c)
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.
A ward 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 of the 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
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(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 a.p.d made part of the record f1le 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.
The. Disadvantaged Business Enterprise Language for bids has been included. Please note that the
DBE forms are required to be completed and returned with your bid package.
EMPLOYEE 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 substantial interest or fmancial 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 pursuant to O.C.G.A. 45-10-22
and 45-10-24, or the transaction is excepted from said restrictions by a.c.G.A. 45-10-25;
(b) Any other person, business, or organization with whom the employee or official of any
member of an employee's or officials immediate family is negotiating or has an
arrangement concerriing 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 orfmancial interest ina disclosed blind trust shall not be deemed.
to have a conflict of interest with regard to matters pertaining to that substantial interest or
fmancial interest.
USE OF CONFIDENTIAL INFORMATION 1-10-15
It shall be unethical for any Augusta, GA County employee or official to knowingly use confidential
infonnation for actual or anticipated personal gain, or for the actual or anticipated gain for any other
person.
Name:JAJ~~ R-~
Title: ~C'"'i(~-"'?+
Date:
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Company:
THIS SHEET IS REQUIRED TO BE IN SUBMITTAL.
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{fjJlroe{~e)lt QJF~ent
/:/UJ. 1 (jJoJri. fi]lam,J, {jJjj'~1"
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ADDENDUM
TO:
All Bidders
FROM:
Geri A. Sams
DATE:
February 28,2006
SUBJ:
ADDENDUM #1
BID ITEM #06-110 Paving Dirt Roads - Phase VIII
BID DUE Thursday, March 9,2006 @3:00p.m.
Please note the following change to your bid package:
I. Answers to questions regarding Bid # 06-110 from Blair Construction, Inc.
1. Question: Bid schedule for Whisnant Drive has two (2) Lump Sum Construction
pay items. Why?
a. Answer: Corrected see page P-2, Item No. 230-1000 Whisnant Dr.
2. Question: Bid schedule for Whisnant Drive & Hauchman Hill Road has a last J?ay
item reading 'Grading Modified Incl. Hauling" (ICY). What is this for?
a. Answer: Corrected see pages, P-3 No. 228-1000 Whisnant Dr. and P-4
Item No. 228-1000 Hauchman Hill Rd
3. Question: Has all right-of-way and/or easements been acquired for the two roads?
a. Answer: All right of way and easements have been acquired
4. Question: Are there any negotiations made to property owners (such as shrubbery
relocation, firewood sawing, etc) that the contractor should know?
a. Answer: Yes, negotiations were made to install 600' of six-foot high.
fence and three strands of barbed along the property line of Betty Lovett
from 14+90 to 20+90.
5. Question: Can we have a pay item added for fencing on Whisn~t Drive so t~at
all contractors are bidding the same type and quality of fence:
a. Answer: Yes, see pages, P-3 Item No. 643-4000 Whisnant Dr. and P-4
Items 643-1132 and 643-2152 Hauchman Hill Road.
Room 605 - 530 Greene Street, Augusta, Georgia 30911
(706) 821-2422 - Fax (706) 821-2811
www.augustaga.l!:ov
Register at www.demandstar.com/SlWplierfor automatic bid notijication
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6. Question: Are the two roads getting any striping other than the intersection
improvements at Hwy 1 & Whisnant Drive?
a. Answer: No, the only striping is at the intersection improvements at
Hwy. #1 and Whisnant Dr.
7. Question: Have the Utility Companies been notified of the need to relocate? If so
what is their time schedule.
a. Answer: Yes, utility companies have been notified and are on schedule
to have all utilities relocated. Some clearing by the contractor maybe
necessary.
8. Question: Are we to clear the entire right-of-way for Hauchman Hill Road or
only what is needed to construct the road?
a. Answer: The contractor must clear whatever right of way is needed to
complete the project
9. Questions: What is the story with the house and right-of-way situation at station
13+50 of Hauchman Hill? Are we to stay out of this area and not disturb any of
the concrete paving shown?
a. Answer: The existing concrete drive at sta. 13+50 Hauchman Hill Rd. is
not to be disturbed and the new drive will tie to the existing concrete
drive.
10. Question: How are the water services running to the houses on Hauchman Hill?
Are they in conflict with the proposed road construction?
a. Answer: The houses are serviced from the back and not in conflict with
the proposed road construction.
11. Question: Is burning of cleared material allowed on Whisnant Drive?
a. Answer: No burning is allowed of any cleared materials on this project
see page PPA-1 of contract documents.
II. Answers to questions regarding Bid # 06-110 from APAC-SOUTHEAST, Inc -
Georgia Division
1. Question: Will the contractor be able to balance the grading to eliminate haul-
in or haul-off material?
a. Answer: Yes, all grade changes must be approved by Augusta-
Engineering Department.
2. Question: Are Utilities on this project that are in conflict with construction to
be relocated prior to notice to proceed? If utilities will not be relocated prior
to notice to proceed, then when will they be relocated with regard to the
contractor starting work and staying on schedule?
a. Yes, utility companies have been notified and are scheduled to have all
utilities relocated. Some clearing by the Contractor maybe necessary.
3. Question: Will the contractor be able to bum cleared trees on site?
a. Answer: No burning is allowed on this construction site see page PPA-1
of contract documents.
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4. Question: There are no pay items for removing fence and resetting fence in
the bid form. How will the contractor be paid for required fence work?
a. Answer: This work will be covered under the Lump Sum Construction
see pages, P-3 item No. 230-1000 Whisnant Drive and P-4 item No. 230-
1000 Hauchman Hill Road.
5. Question: If the contractor encounters septic tanks, wells, or other items that
are not, shown on plans, who will remove these items and how will this work, be
paid for?
a. Answer: This should not happen; if it does this will be paid under the
Lump Sum Construction see pages, P-3 Item No. 230-1000 Whisnant
Drive and P-4 Item No. 230-1000 Hauchman Hill Rbad.
Please acknowledge receipt of addendum in your bid package.
If you have any questions regarding this correspondence, please contact me at
(706) 821-2422.
cc:
Tameka Allen
Abie Ladson
Yvonne Gentry
Interim Deputy Administrator
Interim Director Public Works-Engineering
DBE Coordinator
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(f5}f)O<'L{/)(I"/JJ1&zt ~t'.l/J0m.'(3?1&
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ADDENDUM
TO:
FROM:
DATE:
All Bidders
Geri A. Sams
March 2, 2006
SUBJ:
ADDENDUM #2
BID ITEM #06-110 Paving Dirt Roads - Phase VIII
BID DUE Thursday, March J, 2006 @3:00p.m.
Please note the following change to your bid package:
. I. Answers to questions regarding Bid # 06-110 from APAC
1. Question: There is an item added for Force Account. Are we to include this dollar
volume in our bid? If so, is there any explanation about how this is to be used.
a. Answer: The Force Account dollar amount should be included in your bid.
This account will only be used if unforeseen work is required during
construction.
2. Question: There are two new items for grading modified that appear to be paid by the
unit measure. If we are going to try and balance the site to prevent haul in or haul off of
excess material, how will we be able to measure for fmal payment? Grading modified
would seem that an easier way to construct both projects would be to simply bid the
grading under LUMP SUM Construction and let the contractor be responsible for the
quantities that the contractor wished to bid. This is just a suggestion.
a. Answer: The two "Grading Modified" bid items shall remain in place.
Cross-sections are provided in the plans and can be calculated by the
contractor's estimator. . Final payment .of this item will be verified and
provided by the County's Project Engineer.
3. Question: Is the new date March 8, 2006? The original bid date advertised was 3-9~06?
a. Answer: The bid opening is Thursday, March ~, 2006 @ 3:00 p.m.
Please acknowledge receipt of addendum in your bid package~
If you have any questions regarding this correspondence, please contact me at
(706) 821-2422.
Tameka Allen
Abie Ladson
Yvonne Gentry
cc:
Interim Deputy Administrator
Interim Director Public Works-Engineering
DBE Coordinator
Room 605 - 530 Greene Street, Augusta, Georgia 30911
(706) 821-2422 - Fax (706) 821-2811
www.aue:ustae:a.lwv
Register at www.demandstar.com/suDplier for automatic bid notification
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{i5}f)O<"LI/JC(".47U'fflI; ~tV4/'1n/'fflI;
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ADDENDUM
TO:
FROM:
. DATE:
SUBJ:
All Bidders
Geri A. Sams
March 6, 2006
ADDENDUM #3
BID ITEM #06-110 Paving Dirt Roads - Phase VIII
BID DUE Thursday, March 16, 2006 @ 3 :00 p.m. .
Please note the following change to your bid package:
The bid opening date for bid item #06-110 has been changed from Thursday,
March 9, 2006 @ 3:00 p.m. to Thursday, March 16,2006 @ 3:00 p.m.
There were several pages missing and they will be mailed certified/return
receipt.
Please acknowledge receipt of addendum in your bid package.
If you have any questions regarding this correspondence, please contact me at
(706) 821-2422.
cc:
Tameka Allen
Abie Ladson
Yvonne Gentry
Interim Deputy Administrator
Interim Director Public Works-Engineering
DBE Coordinator
Room 605 - 530 Greene Street, Augusta, Georgia 30911
(706) 821-2422 - Fax (706) 821-2811
www.aulrnstag-a.lwv
Register at www.demandstar.com/suopIier for automatic bid notification
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ATTACHMENT A
PROPOSED DBE PARTICIPATION
p,&I .:I.t= 0(;;;> -II 0
?I_,r c:::.-s-b..-"'/-o.... ;z'c., ~v':'l o~ -:O,A
PRIME CONTRACTOR / PROJECT
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Total Price:
Total DBE value
Total DBE percent:
o Contractor will perform% of this contract
Signed By:
Title:
Date:
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PAGE 01
.1257 P.OOZ,002
PROJr.C,T
~lT ACtJMENT ~
7J;~ ~ ~ -IIQ --;z....v.( ~P "":z>..;..~ ,1-Ji ~op,.I~ =-
I..I:TTER OF INTeN1T~ PERFOJIW AI ~_.rUfJCONSY4tANT~'CC1t!rRACT0Rl8UP~U~
TO:
?I-..... CI6l'....7~,..,;~-A~..., :::z:;,,;
~ " ,./ ,
(NAME OF 'ROftoS~)
A. Tho un~ersiall.d Inmnd& /:0 perrOI'm work I", lXInnectiQn with [hIS above project in 1i1e fu/low/1t8
clJpu~ity (enecl< one):
An il'lJividulIJ
^ partm:r:lhip
--k:- A corporation
A Joint Yltl1tlJl'O
B. 111. DBE ttatUI of the IIndenianed is eooflrmed u folll)ws:
Y Sy,att,,)!mtnt ora clI"'.n~ C4!rtitle<l.lc l)f CenlneapOll imt~ by th~ O~al't.merlt of
T,..;'.portJ.tlolJ ,
By IttJtcllment !J(1t cumntC."fjfleation ISIIIcd by th. Dhl'ldv.JJt.ger,l Bu.'ne.,
F.l1~rpriJlE Offi~
C. The llndcrJi8ned i$ PF'q)f,I~4 to p..rf'orm 1.I,e (olll\""i,,~ \V()tk in conrl.x:ut,lft whl, tt?~ .bove t:lroj~t
.5i1r1 ~ ~\ (Ja>J-
o. 'fl1c undel'lfgnod,stutt5 thlU they will be "~rfol.'mil1~,..
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~_% otltre to\a! project
. ~ I "
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% of this SUbcOOIl11Ct tl) non-vet!
F.. l1;Cl lmdc:r.ianedwill sublet arrdfor tWlllrd {/
conlMCrnrs alld lor llon.DBE 5lJpplien.
rrte ""net.relgn,'" wtll .ntw Into . '~.J i1g,.emfnt for t11. .bQve dKCrfb~ work with the
, Pf()p~.r cJNd ..bove condltlontCS IIpO" tt.e tM...."tion of . contr.et for the project cited
: he,...", betw..n the P,vpOMr end AU8"lft.""JchmondCou"ly. ,~ .
~s7:z>~ By; I#;f;r-l".,c-I ~
SIgnature or AtJt"l)rl~ed Repr"entaflve ( Be CQIltr8e1O Itm Ne
1 , 0 COl1ft.~or wlll perf()~m 100% Qf th;, contllild
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/2005 14:09
7055411144
PAGE 133
'.):'1.
HAROLD E.;~INNENKOHL
COMMISSIONER
(404) ~oo.s206
PAUL. V. MUllINS
CHIEF ENGINEER
(404) 656-:5277
(j)epartment of rrransportation
State ojgeorgia
#2 Capito! SqlUl.re, S.1-1J.
.Jltumta, qe01'gia 30334-1002
EARL L MAHFUZ
TREASURER
(.w4) 656-5224
LARRY E. DENT
DEPUTY COMMISSIONER
(4(14) 556-5212
!i
April 19, 2004
Ms. Rosa.Ann Boswell, President
B/E Electri'diI Contractors Inc
6136 Colum:l)ia Road
GrovetoWIl;'~A 30813
;
Dear Ms. ~ell=
..
TheGeorgta,. . Department of Transportation has reviewed your updated Georgia Uniform Certification
Disadvantagtd. Business Enterprise (OBE) application. Our evaluation of the information submitted with your
request for certification indicates that your firm has met the criteria outlined in Federal Regulations 49 CFR,
Part 26.' i "
Accordingly;ypur firm has been certified for a period of three (3) years beginning with the effective date of this
letter and t.b.~ expiration date is April 19, 20Q2'.
Yo~ V~ndor ID Code is: ~"Eo~o
,
Your firm has been certified to provide the following services as outlined in the North Atnerican Industry
Classificatiol1 System (NAlCS): .
NAlCS Code 23731 Highway, Street and Bridge Construction
NAICS, Code 23821 Electrical Contractors
You ",-.:n ~~ive. IUl annual .Mfidavit and Personal Financial StlltemeIlt (PFS) approximately
thirty day5~prlor to your. firni:'s certification anniversary date. 11rls Aftidavit and PFS must be
complete4lf~igned and returned to our office before your anniversary date in order to continue
yourfinn'~\fligibUlty as a DBE. . .
... . . 1.'I'~;C '
; :rf at anyti~a~ring the year there is a change in ownership and/or control of your firm, you are required to
notify this office of such Change in writing. .
".
:z.~ ........
CharIesE.French, ~ual Oppo,rtunity Administrator
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~. i 6~ 2 od~:;i1: 49 7066681655
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B~AIR CONSTRUCTION
#1259 P.002/002
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PROJEC'l'
A 1'1' ACHMENT B
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Lf&rfR OF INTE~1 TO PERFORM AS A SUS CONS UJ.., TANTISUBCONTBACTORl8UPPllER
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(NA,IVIE OF PR.OPOSER) r'"'
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'd A. Tbe undersigned Intends to p~rform wor.J{ In connectIon wIth me e.bQ)'f: project in tne tbllQwir'lg
'i;? cap8~ity (check one):
_ An indlyidual
_ A partnership
'I- A ClJrporalion
A j(,i1'l( venture
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'11te DBB Sti'1tull of the undel,&igrlt:d Iscontirmed al> follows:
'I- J3y at1:a.cI,ment oh. Cl,J.lTlCr!l Cc,rdflcllte of Ccrl.j ~ic81~on i6~lJed by the Department of
Trll1l$pOJ1atioO '
By fltta,chment of Ii I;;\IM-ent Certification is:llJed by the DjslMl~IlT'lt.a~ Business
J:nterprlse Office
The undersigned 1$ prepared to perform the' full~wjns WOTI~ in r.~nnection will, (he above pi'Oj~t
;::;~....ih wde.- ~-~ P..P":" s: pih--Z"'2
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)'~J~ O. The undcrsisnec:l ::lfJl,tea that (hey will hI: performlng__?":_% of th~ total projec!:.
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~f,~i~' ,S. The ',ndernigned will sublot and/or'awa,rd 0 .,.,.% art.his subcontrriet to n,Qn-DBB
, ClJJitra.<:tt'Jrs end lor non.DSr:. slJppHers.
j~.~,!, :.';Jl, ". "":.',' I. I ":: ' .' , ' ,
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'*I!ffie underSigned wJII enter Into a formal agreement for the abOvI descri~ed work with the
'::l.lrPP,PO$tJ' cited sbcNe condltloned upon t.he execution of a contract for the proje<:~ cfted
%'I~~ret" b~en tho p~"oser .nd Augusta-Richmond COl.lnt:t~
.:ti?,;I:;. 'S'~~~ , ' By: ,:J;,
, Signature of Authorized Represe!1tetlve (DSF-
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'; I CI contmct.or will perform 100% of Itllseontract. Signed
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Ol/09/02
From-
T~98 P.DDZloDZ. F-aSi
<Jnir2rnni~@ffit:e .
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nt,
~ntaII & lWtfumify
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CertifiC3ticn Number: 0324500107
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.01/31/07
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CERTIFICATE OF ELIGIBILITY
grantt"d tQ
SOUI1-IERN UTILITY SUPPLY CO.
, . Ii har 6t'~11 t:krqmi1'lt'd t6tU /.6t' finn Iis-t~d apQvt' ha.r l'flt'1'
:'kdll fttkralrt'~1tirmtntt.r flu/vi in Co~ o/hdrr,(/.I.R~kaipn.J (4'.9 CPl? Part 26)
rQP"rtio/4r.t'in t/;(! DiJ-adt;aTtf4ged Bf4:t'n~ E7Zt'c7pm~ P~lJgrttm'in SQut"h Caroli,Z4,
Art'4 ~w(',i:.
SUpplier of wa~er & sewer drainage and fire protection materials
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ExlOltirJI! D im:rqr
SflUth Carolina D~4rrmmt qf7ra1!rfJDTWion
Arlene Frio . Ph.D.
.~ i '., Deputy Di1'l!r:tol' .
S(11"~/i1'l4 D~partm~'''t qfTmruponatio1'1.
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MAR.16'2006 11:SQ 7068681855
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U260 !? 002/002
BLAIR CONSTRUCTION
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TO:
--J":df!' c;;."'~--j .; 1/r-"'>/"-7
(NAME Of PROPOSER) / I f
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ATTACHMF.NT n 1;1 ,;
-a,d.:d= Of;:; -110 ~ ~ rl- Ru-l... pho."i~ ,8
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PROJF.CT
'~ETTJ:R'OF INTENT TO PERFORM AS A SUeCONSULTANTiSU~CONrRACTORlSU~pLi5R
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A. The ltndersigned in~ndS ~o perform wor!< in conneclion with tJll: above pmjecl in the follqwinlt
Gapacity (cher.k one): '. : .. I ,'.
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'I- A corporation
A .joint vettl.ure
An individIJal
A partn.crship
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.,':il ~ce,
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~. ~e DBE status ofthe uildersigned is confirmed as fllllows: 4/"'-7 Ce,-/;AeJ G.,.n~
..__ By attach ment of 11 cu rrent Certj fic8Ce of Certi tica.tion iRSlJ.w by the Depaltm en t of
'fransportDtioD '
By attachment or a CUlTent Certificat.ion issued by the Disadvantllged BlL9lness
1~Il~erpri~ Office
C. The uodersisned ;s preJilstcd to perfonn the following work in cl)llnection with the Il.bu\lC project.
~/.'-I ~ /-Ae- ,../- e. t::-')pt;_/-F- ~r ~i - /!.-.o
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0, The undersigned stat.es that they will be performing.. .~% I)frhe roOta! project.
E. The undersigned will ~lJbltl ar.dJor award 0 ,...% of this ~ubC:Or'ltro.cl to non-DBE
contractors and I~r non~D8B lmpplit:r~.
The I.lnders'sned wifl enter Into a form1l1 agreement for the above described work with t.he
Proposercfted above conditioned upon thB eXQcutlon of a con1ract for the project cit.ed ,
herein between tile Profoso/' and Augusta-Richmond County. . I .:: ,I II
~s--:-::I:>~ By: -r~".. G"-'/'~ : /1.-.1/.7:::1"
Signature of Auttronzed Represe1tatlve (DBE C etar Firm Name) 'r tIt
o Con~Qctor will perform 100% of this contract
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.1-.qJlavt ~tftudUm, 9nc.
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Post Office Box 770
Evans, Georgia 30809
PHONE (706) 868-1950 FAX (706) 868-1855
BIDDERS QUALIFICATION STATEMENT
with Proposed Subcontractors/Suppliers
I In the e",ly 1950', Bhrr L. Mntimor beg"" the Angusta loc"ed company Blaii Con,trnction. In 1973 the busm'" was mcmpomtcd m
the Sate of Georgia as Blair Construction, Inc.
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Blair Construction, Inc. has at some time performed grading, paving and underground utility construction for most every municipality
within 40 to 50 mile radius of the City of Augusta. The majority of the work we perform is either for the City of Augusta or Columbia
I County. We have an outstanding and well-respected relationship with both these municipalities.
Our company employs approximately 53 persons and has an average annual revenue of around $8,000,000. Approximately 80 percent
I of our work is underground utilities with the other 20 percent being earthwork and base & paving.
Blair Construction, Inc. currently holds a "Certificate Of Qualification (# 2 BL 150)" from the Georgia Department of Transportation
with a maximum capacity rating of $31 ,300,000.
I 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.
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I Below are qualified Subcontractors we propose to utilize for this project.
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· Country Boy Farms
· Bobby Herrington Surveying
· Augusta Greenwood & Mulch
· Tucker Grading & Hauling (DBE)
· Moffitt Construction
· Peek Pavement Marking
· B/E Electrical Contractors (DBE)
for Grassing & Silt Fence
for Construction Layout
for Clearing & Grubbing
for Hauling stone & asphalt
for concrete fmishing work
for striping
for signage
Below are qualified Suppliers we propose to utilize for this project.
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National Waterworks
Southern Utility Supply (DBE)
Rinker Materials
Hanson Precast
Augusta Ready Mix
Reeves Construction
for RCP storm pipe
for Ductile Iron water pipe & fittings
for Rip-Rap & Road Base Material
for Precast Manholes
for Concrete
for Asphalt, Prime & Tack
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I Listed on the following page are recent projects of similar size and/or nature to which Blair Construction, Inc. has successfully
completed.
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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 Amount: $318,206.84
6.
Highway 25 Wastewater Collection Improvements
City of Augusta, GA
Contract Amount: $ I ,096,770.33
7.
Kissingbower Road Area Water and Sewer Improvements
City of Augusta, GA
Contract Amount: $1,633,317.92
8.
North Augusta Connector, Phase I
Breezy Hill Water & Sewer, SC
Contract Amount: $1,495,326.58
9.
Olive Road Sanitary Sewer Improvements
City of Augusta, GA
Contract Amount: $764,322.37
I 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.
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Respectfully Submitted:
~~;~f(~~
William R. Mutimer, President
Date:
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ATTACHMENT C
(Contractor's Statement of DBE Utilization Form)
The completion of this form is the responsibility of the awardee of the contract.
Complete the form indicating the DBE's utilization for the requested pay period.
This information identifies the actual DBE sub-contractors/suppliers, types of
work performed, actual dollar value of work/services and suppliers. To avoid
delay of payments this form must accompany all pay requests.
Revised 1/24/06
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Good Faith Effort Checklist
The purpose for the Good Faith Effort Checklist is to indicate all necessary and
reasonable steps taken to ensure DBEs and local small business enterprises
have the maximum opportunity to compete for and participate in all contracts/
sub-contracts.
Revised 1/24/06
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AUGUSTA-RICHMOND COUNTY
CHECKLIST FOR GOOD FAITH EFFORTS
A bidder's good faith efforts must be those that could reasonably be expected from a bidder who
was actively and aggressively seeking to meet the Disadvantaged Business Enterprise (DBE)
goal. Good faith efforts may include, but are not limited to:
Yes No
1. Soliciting, through all reasonable and available means, the interest
for all certified DBEs who have the capability to perform the work
of the contract. Such solicitations must be in sufficient time to
allow DBEs to participate effectively.
2. Confirming attendance at any j:;re-solicitation or pre-bid meetings.
3. Providing proof of any advertisements in general circulation, trade
association, and minority or woman focused media.
4. Documenting the follow-up to the initial solicitation with DBEs.
5. Documenting how portions of the work were selected to solicit
DBE participation and how the selection was made in order to
increase the likelihood of meeting the DBE goals. This would
include, where appropriate, breaking down contracts into
economically feasible units to facilitate DBE participation.
6. Providing information on any negotiations with DBEs including bid
item adjustments, terms and conditions of the contract, bonding
and insurance requirements and etc.
7. Documenting efforts to assist DBEs in obtaining bonding, lines of
credit, or insurance.
8. Providing copies of the information supplied to DBEs to solicit their
bids. Such information should include adequate information about
the plans, specifications, and requirements of the contract to
enable the DBE to supply a complete and competitive bid.
9. Providing information regarding the services/assistance secured
from minority and women community organizations, contractors'
groups, local minority and women business assistance offices and
other organizations that provides assistance in the recruitment and
placement DBEs.
10. Negotiating in good faith with interested DBEs. It is the bidder's
responsibility to make a portion of the work available to DBE
subcontractors and suppliers. The bidder must provide
documentation that consideration was given
when selecting portions of the work or material needs on the
contract to the availability of DBE firms in those areas when
soliciting for DBE participation.
11. Documenting the basis for rejecting DBE bids. In cases where the
bidder determines the DBE to be unqualified, supporting evidence
used to make the determination must be provided.
Revised 1/24/06
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PAVING DIRT ROADS - PHASE VIII
CONTRACT!
PROJECT NUMBER: 322-04-200823808
List of Proiect Documents
Section
Paf!es
Instruction to Bidders
1B 1 thru IB-3
Georgia Prompt Pay Act
PP A-I
Minority and Economically
Disadvantaged Business Support
ME-1
Special Conditions
SP - 1 thru SP - 2
Agreement
A -1 thru A-4
General Conditions
3 thru 33
Supplementary Conditions
SC - 1 thru SC - 2
Proposal
P-lthruP-5
General Notes
G -1 thru G -14
Traffic Control
TC - 1 thru TC - 23
Water Quality Monitoring
*Water Quality Consultants
WQ-l thru WQ-4
WQC- 1 thru WQC-6
*Consultants Pre-Qualified by GDOT
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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 subj ect 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
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IB-04. PREPARATION OF BIDS:
Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made on bid forms should be initialed by the person
signing the bid.
Bidders must quote on all items appearing on the -bid forms, unless specific directions in the
advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to
quote on all items may disqualify the bid. When quotations on all items are not required, bidders
shall insert the words "no bid" where appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed
if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be
submitted as such, and shall not reveal the total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of
corporations will be signed by an officer of the firm and his signature attested by the secretary
thereofwho 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 EQUIPMENT
STATEMENT, giving reliable information as to working capital available, plant equipment, and
his experience and general qualifications. The owner may make such investigations as are
deemed necessary to determine the ability of the bidder to perform the work and the bidder shall
furnish to him all such additional information and data for this purpose as may be requested. The
Owner reserves the right to reject any bid if the evidence submitted by the bidder or
investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out
the obligations of the contract and to complete the work contemplated therein. Part of the
evidence required above shall consist of a list of the names and addresses of not less than five
(5) firms or corporations for which the bidder has done similar work.
1B - 2
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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 ofthe Owner.
IB - 3
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GEORGIA PROMPT PAY ACT
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this
Agreement shall control.
All claims, disputes and other matters in question between the Owner and the Contractor arising
out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court
of Richmond Count, Georgia. The Contractor, by executing this Agreement, specifically
consents to venue in Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall
be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor
specifically waives any claim to same.
NOTICE
All references in this document, which includes all papers, writings, drawings, plans or
photographs to be used in connection with this document, to "Richmond County Board of
Commissioners" shall be deemed to mean "Augusta Richmond County Commission-Council and
all references to "Chairman" shall be deemed to mean "Mayor".
DISPOSALS
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
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MINORITY AND ECONOMICALLY
DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County-Commission to increase the involvement of
qualified minority and economically disadvantaged businesses in the contracted work of County
Government.
In an effort to support this intention, this project is offered to all qualified firms. The bids will be
evaluated based on qualifications, price and construction time. With all other items being
considered equal, the contract, if awarded, will be awarded to a minority and economically
disadvantaged firm or a firm that has included such firms as subcontractors on this project.
The bidders shall include with their bid, a statement of qualification for themselves and/or any
qualified subcontractors explaining why they should be con~idered a minority or economically
disadvantaged firm. If the firm does not fall into this category, no information is necessary.
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Paving Dirt Roads - Phase VIII Contract 1
Project Number: 322-04-200823808
SPECIAL CONDITIONS
SCOPE:
The first construction contract of this project includes paving the following dirt roads:
1. Whisnant Drive
2. Hauchman Hill Road
Whisnant Drive and Hauchman Hill Road will consist of both grading and drainage
improvements (see construction plans for Whisnant Drive and Hauchman Hill Road).
TERMINI AND LENGTH:
(See Plans)
Property access shall be provided to all residents adjacent to the project during the duration of
the proj ect.
LUMP SUM CONSTRUCTION:
Item Number 230 - 1000 Lump Sum Construction shall include but not be limited to
construction layout, erosion control, clearing and grubbing, remove and rest mail boxes,
removal, bonds, insurance, and any work without specific pay item.
UTILITY CONFLICTS:
The contractor shall coordinate with ALL utility owners the providing of a schedule addressing
in detail, when, where, and how long each utility will be involved in the utility conflict (so
resolution and/or relocation. Each utility will provide input in completing such schedule. The
schedule must be compatible with the construction schedule prepared and submitted by the
Contractor.
A bi-weekly meeting including all utility representative as selected by the Contractor and the
ARC inspector, will be scheduled to address utility concerns.
SP 1- 1
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SECTION A
AGREEMENT
TIllS AGREEMENT, made on the -Sf.- day of *. 200 f by and between the
City of AU2usta
party of the first part, hereinafter called the OWNER, and
'73/__,-r ~Af..f-,.V'c;..-I-,-c>~ =z::;;,c- .
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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 proj ect entitled:
Paving Dirt Roads - Phase VIn Contract 1
Project Number: 323-04-200823808
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 180 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.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE
WORK WITHIN THE TIME HEREIN SPECIFIED, then the contractor does hereby agree, as a
part of the consideration for the awarding of this contract, to pay the Owner the sum of Five
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Hundred Dollars ($500) not as a penalty, but as liquidated damages for such breach of contract
as hereinafter set forth, for each and every calendar day that the contractor shall be in default
after the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner because
of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the
Owner would, in such event, sustain, and said amounts shall be retained from time to time by the
Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and the
specifications wherein a definite portion and certain length of time is fixed for the additional
time is allowed for the completion of a work, the new time limit fixed by extension shall be the
essence of this contract.
ARTICLE III - PAYMENT:
(a) The Contract Sum
The owner shall pay to the Contractor for the performance 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
completion and acceptance of all work under the Contract.
A- 2
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ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT:
(a) Upon receipt of written notice that the work is ready for final inspection
acceptance, the Engineer shall within 10 days, make such inspection and when he
finds the work acceptable under the contract and the contract fully performed, he
will promptly issue a 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)
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By: (2 q-<f. fL
SEAL
~ .u:::t it W 'fY/..t f ~
Witness . v ,
CONTRACTOR:
73/a,,:'- ~'?S"h-..,=h"O-? :::z:;:,c..
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By: ~'l. 7JzuT~.
Title: ,!r-c,e ~,.e~'-de--+- SEAL
Address: ~o. lJo'fL ?")O Attest
&~S-, 6# 30807
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Witness
A-4
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Bond No. 929 388 609
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. Chicago. 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./Municipal Building, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Four Hundred Twenty Seven Thousand One Hundred Twenty Three
and 51/100 - - - - -- -- - -- - -- - --.- -- -- -- -- -- - - - - -- - -- -- - -- -- -- -- - -- -- Dollars ($ 427,123.51 ).
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 Paving Various Roads, Phase 8, City of Augusta, GA
(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.
-1219/GEEF 10/99
Page 1 of 2
I
PERFORMANCE BOND
929 388 609
I
NOW, THEREFORE, THE CONDITION OF THIS OSUGA TION is such that, if Contractor shall promptly and faithfully perform sai<
fontract, 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 contract or contracts of completion arranged under this paragraph
extension of time made by the Owner. sufficient funds to pay the cost of completion less the balance ofthl
I contract price; but not exceeding, including other costs and damage
Whenever Contractor shall be, and declared by Owner to be for which the Surety may be liable hereunder, the amount set forti
in default under the Contract, the Owner having performed in the first paragraph hereof. The term "balance of the contrac
.Iwner's obligations thereunder, the Surety may promptly remedy price," as used in this paragraph, shall mean the total amoun
e default, or shall promptly payable by Owner to Contractor under the Contract and an~
amendments thereto, less the amount properly paid by Owner t<
Contractor.
I) Complete the Contract in accordance with its terms and
onditions, or
I Obtain a bid or bids for completing the Contract in accordance
ith its terms and conditions, and upon determination by Surety of
e lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the lowest
.sponsible bidder, arrange for a contract between such bidder and
II>wner, and make available as Work progresses (even though there
should be a default or a succession of defaults under the
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/2- -pl.
day of
Nc-;
ligned and sealed this
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(Witness)
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(Witness)
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Any suit under this bond must be instituted before the
expiration of two (2) years from the date on which final paymen
under the Contract falls due.
No right of action shall accrue on this bond to or for the use 0
any person or corporation other than the Owner named herein or the
heirs, executors, administrators or successors of the Owner.
ZcoG,.
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Blair Construction, Inc., PO Box 770, Evans,
Georgia 30809
(Seal:
(Principal:
~-i/L ~~a-t-~
\J,'c.e Pres;c1e__+
(Title
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Western Surety Company, CNA Plaza,
Chicago, Illinois 60685
(Seal
(Surety
~~ L.4';/.~
Buck Leigh, Attorney-i act
(Title
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S-1219/GEEF 10/99 Page 2 of2
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LABOR AND MATERIAL PAYMENT BOND
Bond No. 929 388 609
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, Chicago, 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 Commsission, 530 Greene
St./Municipal Building, Augusta, Georgia 30911 (Here insert full ~ame 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 Four Hundred
Twenty Seven Thousand One Hundred Thirty One and 51/100 - - - - - - - - - - - - - - - - Dollars ($ 427,131.51 .).
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 Paving Various Roads, Phase 8, City of Augusta, GA
(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.
Page 1 of 2
-1220/GEEF 10/99
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LABOR AND MATERIAL PAYMENT BOND
929388 609
'ow, THEREFORE, THE CONDITION OF THIS OBUGA nON is such that, if Principal shall promptly make payment to all claimants as hereinafte:
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 shal
tmain in full force and effect, subject, however, to the following conditions:
1. A claimant is defined as one having a direct contract with, the
lrincipal or with a Subcontractor of the Principal for labor, material, or
oth, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water,
las, power, light, heat, oil, gasoline, telephone service or rental of
quipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and
leverallY agree with the Owner that every claimant as herein defined, who
as 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
lone or performed, or materials were furnished by such claimant, may sue
n 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
Ixecution thereon. The Owner shall not be liable for the payment of any
osts or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
I
a) Unless claimant, other than one having a direct contract with the
.rinCiPal, shall have given written notice to any two of the following: the
rincipal, the Owner, or the Surety above named, within ninety (90) days
fter 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
lith substantial accuracy the amount claimed and the name of the party to
horn the materials
'igned and sealed this
711
/2--
day of
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(Witness)
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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 0]
certified mail, postage prepaid, in an envelope addressed to the Principal
Owner or Surety, at any place where an office is regularly maintained fo]
the transaction of business, or served in any manner in which legal proces~
may be served in the state in which the aforesaid project is located, savt
that such service need not be made by a public officer.
b) After the expiration of one (1) year following the date on which Principa
ceased Work on said Contract, it being understood, however, that if an)
limitation embodied in this bond is prohibited by any law controlling tht
construction hereof such limitation shall be deemed to be amended so as t(
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 count)
or other political subdivision of the state in which the Project, or any par
thereof, is situated, or in the United States District Court for the district if
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 0
any payment or payments made in good faith hereunder, inclusive of tht
payment by Surety of mechanics' liens which may be filed of record agains
said improvement, whether or not claim for the amount of such lien bt
presented under and against this bond.
200"'-.
Blair Construction, Inc., PO Box 770, Evans,
Georgia 30809
(Seal:
(Principal:
~4AJ'! 7J1~//~:
\J.'''e. Pres:cC"'''7"4-
(Title:
~
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Western Surety Company, CNA Plaza,
Chicago, Illinois 60685
(Seal
(Surety
13~ kt;:t'-
Buck Leigh, Attorney-in ct
(Title:
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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 lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and 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 if such 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 confirmed,
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 of the 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 on this 23rd day of March, 2006.
WESTERN SURETY COMPANY
-/2t'~#
Paul . Bruflat, Senior Vice President
State of South Dakota
County of Minnehaha
} ss
On this 23rd day of March, 2006, before me personally came Paul T. Bruflat. to me known. who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; 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 expires
+~~~~~~~~~~~~~~~~~~~~~~~+
~ D. KRELL :
I I
:~NarARV PUBLIC~SEAL :
I~SOUTH DAKOTA I
I I
+~~~~~~~~~~~~~~~~~~~~~~~+
~
~!""b1k
November 30, 2006
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further 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 seal of the said corporation this /2-- 7!f day of /1'?c-"7' . ;?oc><.-.
I
WESTERN SURETY COMPANY
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Form F4280.01-02
1/5/8/7006 10: 37 AM
ACORQ CERTIFICATE OF LIABILITY INSURANCE
(770)246-8300 FAX (770)246-8301
Su~~er, Mclellan & Gilbrea~h, Inc.
1424 Nor~h Brown Road
Sui~e 300
lawrenceville, GA 30043-8107
Blair Cons~ruc~ion, Inc.
P. O. Box 770
Evans, GA 30809
9,17068681855
002
DATE (MMIODIYYYY)
05/08/2006
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 POUCIES BELOW.
INSURERS AFFORDING COVERAGE
NAlC#
INSURER A:
Na~ional Trus~ Insurance
FCCI Insurance Group
18290
INSURER B:
INSURER C:
INSURER D:
INSURER E:
COVERAG S
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
INSR ~~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
GENERAL LIABILITY CPP0004476 02/14/2006
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [!J OCCUR
EACH OCCURRENCE
DAMAGE TO RENTED
LIMITS
$
MED EXP (Arr{ one person)
PERSONAL & ADV INJURY
GENERAL AGGREGATE
PRODUCTS. COMP/OP AGG
$
$
$
$
$
1,000,0<<
50,0<<
5,0<<
1,000,0(
2,000,0(
2,000,O(
lOC
CA 0005458 02/14/2006 02/14/2007 COMBINED SINGLE LIMIT
(Ea accident)
$
All OWNED AUTOS
SCHEDULED AUTOS
X HIRED AUTOS
X NON-OWNED AUTOS
1, 000, O(
BODilY INJURY
(Per person)
BODilY INJURY
(Per accident)
$
PROPERTY DAMAGE
(Per accident)
$
WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY .
ANY PROPRIETORlPARTNERiEXECunVE
OFFICERlMEMBER EXCLUDED?
If yes. describe under
SPECIAL PROVISIONS below
OTHER
ESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
roj: Paving Various Roads, Phase 8, Augus~a, Georgia Contract Amount $427,123.51
Augusta GA Commission
Room 605, Municipal Building
August, GA 30911
CANCELLATION
SHOULD AN( 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.
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
~~ err--
@)ACORD CORPORATION 198f
5/8/2006 10:37 AM
9,17068681855
003
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
CORD 25 (2001/08)
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TABLE OF CONTENTS OF GENEr~AL CONDITIONS
Article
Numb,:r Title PaRe
DEFINITIONS. ..,..., ....,... .....,... ...., ,. ........ . .. ..... . ,..,. 7
2 PRELIMINARY MATTERS ..,..................................... 8
3 CONTRACT DOCUMENTS:
. INTENT. AMENDING AND REUSE........................... .... 9
4. A V AILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS .......,..,........;......... .... ........ .... . 10
5 BONDS AND INSURANCE ........................................ II
6 CONTRACTOR.SRESPONSIBILITIES............................ 14
7 OTHER WORK ...............................................;...... 18
. 8 OWNER'S RESPONSIBILITIES.....:.............................. 19
9 ENGINEER-:SSTATUSDURINGCONSTRUCTION ............:. 19
10 CHANGES IN THE WORK .,................:...................... 21
II CHANGE OF CONTRACT PRICE........ ... .. .... .. .. .. .......... . 21
12 CHANGE OF CONTRACT TIME ,..................:.'....:......... 24
13 WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK........;.................. 24
14 PA YMENTS TO CONTRACTOR AND COMPLETION ,........... 26
15 SUSPENSION OF WORK AND TERMINATION ......, .......... 29
16 ARBITRATION ..................................................... 31
17 MISCELLANEOUS ...,..........:.................................. 32
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INDEX TO GENERAL CONDITIONS
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Article or Paragraph
Number
Acceptance ofInsurance ............................. 5.13
Access to the Work .................................. 13.2
Addc:nda-definition of (see delinition of
Specifications) ..........;...................-.......... 1
Agreement-definition of ..................;............, 1
All Risk Insurance...... .... ............... ............ 5.6
Amendment. Wrinen ............................. I. 3.1.1
Application for Payment-delinition of .................. 1
Application for Payment. Final ......................14.12
App 1 ication for Prcgress Payment ,................... 14.2
App I ication for Progress Payment-review of . ... 14.4--]4.7
Arbi "[ration .............................................. 16
Authorized Variation in WOrK ......................... 9.5
A vaiIability of Lands .................................. 4.1
Award. Notice of -defined .......................,......1
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Before Starting Construction ...................... 2.5-2.7
Bid~efiriition of ....... ......:.. .......... ............. 1
Bonds and insurance-in general ........................ 5
Bond s-delinition of . . . . . .. . . . .. . . .. . . . . . . .. . .. .. . . . . . ... I
Bonds. Delivery of ......................,......... 2.1.5.1
Bonds. Perfonnance and Other....:...... ......... 5.1-5.2
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Cash Allowances ..................................... I 1.8
Change Order~efinitjon of ................ .. ...... ..... I
Change Orders-to be executed ....,............;.... lOA
Changes in the Work ;.................................. 10
Claims: Waiver of-on Final Payment........;...... 14,16
Clarifications and Interpretations ..................-.... 9.4
Cleaning ................,............................ .6. 17
Completion......;.......... ........ ......... '" ........ 14
Completion. Substantial...,..................... 14.8-14.9
Conference. Preconstruction ..........,.:............. 2.8
Conflict. Error. Discrepancy-Contractor
to Report ...........................:........... 2.5. 3.3
Construction Machinery. Equipment. etc. ............. 6.'1
Continuing Work.. '.. ................................ 6.29
. Contract Documents-amending and
supplementing ...........,.....,................. 3.4--3.5
Contract Documents--definjtion of ..................... ',' 1
Contract Documents-Intent ...................... 3.1-3.3
Contract Documents-Reuse of ....................... 3.6
Contract Price. Change of .............................. 11 .
Contract Price-detinition ............,.................. I
Contract Time. Change of .............................. I:
Contract Time. Commencement of ..................... :.3
Contract Time-definition of ....................;.... '... 1
Contractor-derinition of. .. ....... .. .. .... .. .. ........ .... I
Contractor May Stop Work or Tenninate ..,.......... 15.5
Contractor's Continuing Obligation.... .,............ 14.15
Contractor's Duty.tO Report Discrepancy
in Documents .................................. :.5. 3.:
Contractor's Fc:e-Cost Plus .., 11.4.5.6. 11.5.1. J 1.6-11.-;'
Contractor's Liability Insurance....................... 5.3
Contractor's Responsibilities-in general ................ 6
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Contractor's Warranty of Title ................. ........ 14.3
Contractors--<>ther ... . . . . . . . . . . . . . . " . . .. . . .. . . . . . " . . .. 7
Contractual Liability Insurance. .. .... " ............... 5.4
Coordinating Contractor-definition of ................ 7.4
Coordination .......................................:.. 7.4
Copies of Documents ........... . . . . . . . . .. . ... . . . . . . . .. 2.2
Correction or Removal of Defective Work ........... 13.1 J
Correction Period. One Year ... .....................13.12
Correction. Removal or Acceptance of Defective
Work-in general ........................... 13.1I~I3.14'
Cost-net decreaSe................................. 11.6.2
Cost of Work . . . . . . . . . . . . . . . . . . .. . .'. . . . . . . . . . . . .. 11.4--11.5
Costs. Supplemental.... .. ......................,... 11.4.5.
Day-dennition of ...........;........................... 1
. Defecrive-<lefinition of. . . . . . .. .. . . .... . .. .. . . . . .. . ... .... 1
DefeCTive Work. Acceptance of. .. .... ........ .;...., G.13
DefeCTive Work. Correction or Removal of .....:.... 13.11'
DefeCTive Work-in general ............... 13. 14.7, 14.11
DefeCTive Work. Rejecting...... . ...... ................ 9.6
Definitions ............................................... I
Delivery of Bonds ....;................:,.............. 2.1
Detenninatlon for Unit Prices :...... ~ . . . . . . . . . .. . . . .. 9.10
Dispute's. Decisions by Engineer. .. .......... .... 9.11-9.12
Documents. Copies of ,....................:........-... 2.2
Documents. Record .................................. 6.19
Documents. Reuse ............... '..................... 3.6
Drawing~etinition of ................................. ]
Easements ............................................ 4.1
Effective date of Agreement-dennition of . . . . . . . . . . . . . ... 1
Emergencies. . . . . '. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. 6.22
.Engineer-<lefinition 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. LimitaEions
on .......:......... 6.6,9.11,9.13 -9.16,18.2
Engineer's Status During Construction-in general ...... 9
Equipment. Labor. Materials and... ......... ....:. 6.3-6.6
Equivalent Materials and EquipmenE .................. 6.7
Explorations of physical conditions.. ... ..... . .. ...... 4.2
Fee. Contraclor's-Costs Plus........................ 11.6
, ,
Field Order-<lelinition of ............................... I
Field Order-issued by Engineer ..............,. 3.5.1.9.5
Final Application for Payment ....................... 14.12
Final Inspection ..................................... 14.11
, Final Paymem and Acceptance ...................... 14.13
Final Payment. Recommendation of ........... 14.13-14.14
General Provisions ....:......................... 17.3-17.4
General Requiremems--definition of . . . . . . . . . .. . . . . . ... . .. 1
General RequiremenEs-principal
references EO ". . " .... . . ., . .. 2.6. 4.4. 6.4. 6.6-6.7. 6.23
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Gjving Notice ........................................17.1
Gillarantee of Work-by Contractor................... 13.1
In dernnification ......... .................... 6.30-6.32. 7.5
In.5pectio'n, Final .;.................................. 14.11
In:spection, Tests and..... ............................. 13.3
In:sunnce. Bonds and-in general ....................... 5
In:sunnce, Certificates of ........................... 2.7,5
Insunnce-completed operations...................... 5.3
Insurance. Contractor's Liability ...................... 5.3
Insurance. Contractual Liability .............,......... 504
Insurance. Owner's Liability... .. ..................... 5.5
Insurance. Property................... ........... 5.6-5.13
Insurance-Waiver of Rights.........................' 5.11
Intentof Contract Documents................... 3.3.9.14
Interpretations and Clarifications .......:.............. 9.4
Investigations of physical conditions............... " .; 4,2
Labor, Materials and Equipment .................. 6.3-6.5
Laws and Regulation~efinition of .... ........... ... . .. I
Laws and Regulations-general.... ..... ......, ....... 6.14
. Liability Insurance-:.contractor's ..................... 5.3
Liability Insurance-Owner's ...,.........,........... 5.5
Liens-definitions of ................................ 14.2
Limitations on Engineer's
Responsibilities .... ..'. . ... ........... 6.6, 9.11, 9.13-9.16
Materials and equipment-furnished by Contractor .... 6.3
Materials and equipment-not .
incorporated in Work ..............................14.2
Materials or equipment-equjyalent ..,...;............ 6.7
Miscellaneous Provisions ............................... 17
Multi-prime contracts ...................,............... 7
Notice, Giving of . . . .... ..... .... ... ..... . ...;.... .. .. 17.1
Notice of Acceptability of Project .................. .14.13
Notice of Award-<iefinition of .......................... I
Notice to Proceed-<iefinition of . . . . . . ... . . . . . . . . . . . . . . . .. I
Notice to Proceed-giving of ......... H' ... ...... .. ~.. 1.3
"Or-Equal" Items..,.................................. 6.7
Other contractors .........,..................,........... 7
Other work '. . . . . . . . . . . . . . . . . , . . . . . . . . . . . . .". . . . . . . . . . . . . .. 7
Overtime Work-prohibition of ........................ 6.3
Owner-{jefinition of .................................... I
Owner May Correct Defective Work................. 13.14
Owner May Stop Work ............................,.13.10
Owner May Suspend Work. Terminate .......... 15.1-15A
Owner's Duty to Execute Change Orders........... .. 11.8
Owner's Liability Insurance ........:..................5.5
Owner's Representative-Engineer to serve as ........ 9,1
Owner's Responsibilities-in general .................... 8
Owner' 5 Separate Representative at site............... 9.3
Partial Utilization ..........................:....... 14.10
Partial Utilizacion-<iefinition of ......................... I
Partial Utilization-Property Insurance,........... ... 5.15
Patent Fees and Royalties ............................6.12
Payments. Recommendation of ;.......... 14.4-14.7.14.13.
Payments to Contractor-in general ............,....... 14
Payments to Contractor-when due ........... 1404.14.13
Payments to Contractor-withholding ...............: 14.7
Performance and otherBonds ..................... 5.1-5.2
Permits. . . .. . . .. . . .. . . .. .. .. . . .. . . .'. .. ... .... . . . .. . . . .. 6.13
Physical Conditions ................................... 4.2
Physical Conditions-Engineer's review ............. 4.2.4
Physical Conditions-existing structures ..... ~. . . . . .. 4.2.2
Physical Conditions-explorations,and repoi'ts ....... 4.2.1
Physical Conditions-possible document change ..... 4.2)
Physical Conditions-price and time adjustments. . .. 4.2.5
Physical Conditions-report of differing .:........... 4.2.3
Physical Conditions-Underground Facilities.......... 4.3
Preconstruction Conference ........................... 2.8
Preliminary Maners ...................................., 2
Premises, Use of ................................ 6.16-6.18
Price, Change of Contract .............................. i 1
Price-Concract-{jefinition of ............................ 1
Progress Payment. Applications for... ........ , ....... 14.2
Progress Payment-retainage .......,.. ................ 14.2
Progress schedule ............... 2.6.2.9,6.6.6.29,15.2.6
Project-{jefinition of .................................... I
Project Representation-provision for ................. 9.3
Project Representative. Resident-definition of .......... 1
Project. Starting the .....................,.............. 2,4
Prope~y Insurance....................:...... .... 5.6-5.13
Property Insurance-Partial Utilization ..,.,.......... 5.15
Property Insurance-Receipt and Application
of Proceeds......... ....... ........ ....... .....5.12-5.13
Protection. Safety and ........ .... ........ ......... 6;20-6.21
Punch list ..:........................................ 14.11
Recommendation of Payment... .... ..., ... , ... 14.4. 14.13
Record Documents ................;.................. 6.19
Reference Points ,...................................... 4.4
Regulations. Laws and ................................ 6.14
Rejecting Defective Work ............................. 9.6
Related Work at Site ............ ;~................ 7.1-7.3
Remedies Not E;<c1usive :..:........;................ 17.4
Removal orCorrection of Defective Work ........... 13 .11
Resident Project Representative-{jefinition of ........... 1
Resident Project Representative-provision for.. .... " 9.3
Responsibilities. Contractor's-in general .. ~. ........... 6
Responsibilities. Engineer's-in general ................. 9
Responsibilities. Owner's-in general..................., 8
Retainage ........ ~... .......... .... .. . ... . '" ,....... 14.2
Reuse of Documents ...........,...................... 3.5
Rights of Way .......................................... 4.1
. Royalties. Patent Fees and ..............,............ 6.12
. .
Safety and Protection....... 6.20-6.21, 18.1-18.2
Samples...... ........... .. ... .'. . ...... .... ... . '" 6..23-6.28
Schedule of progress ........ 2.6. 2.8-2.9.6.6.6.29. 15.2.6
Schedule of Shop Drawing .
submissions...................... 2.6. 2:8-2.9.6,23. 14.1
Schedule of values ..............;....... 2.6. 2.8-2.9. 14.[
Schedules. Finalizing. ...... .. .......... .. .. ......... .. 2.9
Shop Drawings and Samples. . ....... .... .. .. ..;. 6.23-6.28
Shop Drawings-<lefinition of ,.........;....... .'..,...... 1
Shop Drawings. use to approve
substitutions ...........:..,....................... 6.7,)
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Sit~... Visits to-by Engineer ........................... 9.2
Spe:;cifications-detinition of ............................. I
StU'"llingConstructioti. Before... ................... 2.5-2.8
s~ing the Project. . . .. .. " '. . . . . . . . . . . . .. . . . .. . . . . . . .. 2.4
Stopping Work-by Contractor. .. ........ ............ 15.5
Stopping Work-by Owner.......................... 13.10
Sub-contractor-<lefinition of ...... . . . . . . . . . . . . . . . . .. . . . .. I
Sub contractors-in general ....................... 6.8-6. I 1
Sub contracts-required provisions' ............ 5.11.1. 6.11
, 11.4.3
Substantial Completion--certitication of .............. 14.8
Substantial Completion--detinition of.................... 'I
Substitute or "Or-Equal" Items....................... 6.7
Subs urtace Conditions.. . . . . ... .. .. . ... .... . .. .. ... 4.2-4.3
Supplemental costs... .. .......:............ ... ..;... 11.4.5
Supplementary Conditions-definition of ...... .......... 1
Supplementary Conditions-principal
references to .. 2;2. 4.~. 5.1. 5.3. 5.6-5.8. 6.3, 6.13, 6.23.
7.4,9.3
Supplementing Contract Documents ............... 3.4-3.5
Supplier-definition of................................... I
Supplier-principal references to ... 3.6.6.5.6.7-6.9.6.20,
6.24,9.13.9.16.11.8,13.4.14.12
Suret:y-consent to payment.................. 14.12, 14.14
Suret:y-Engineer has no duty to ..................... 9.13
Surecy-notice to .......................... 10.1, 10.5, 15.2
Surecy-qualification of .............,............. 5.1-5.2
Suspending Work. by Owner......................... 15.1
Suspension of Work and Termination-in general....... 15
Superintendent-Contractor's ...... .,........... ..... .. 6.2
Supervision and, Superintendence. .. " .. .. .. .. .. ... 6. ]-6.2
Taxes-Payment by Contractor..... .................. 6.15
Termination-by Contractor.......................... 15.5
Termination-by Owner......................... 15.2-15.4
Termination. Suspension of Work and-in general...... 15
Tests and Inspections ........................... 13.3-13.7
Time. Change of Contract ............................:. 12
Time. Computation of .'................. _ . . . . . . . . . . . .. 17.2
Time. Contract-<lefinition of ..... ............ ........... 1
Uncovering Work ............................... 13.8-13.9
Underground Facilities-definition of ................. ... 1
Underground Facilities-not shown or indicated..... 4.3.2
Underground Facilities-protection of ........... 4.3. 6.20
Underground Facilities-shown or indicated....... .'. 4.3.1
Unit Price Work-<letinition of .......................... 1
Unit Price Work-general .................11.9.14.1,14.5
Unit Prices ......................................... 11.3. J
Unit Prices. Determinations for....................... 9.10
Use of Premises ................................. 6. 16-6.18
Utility owners ........................,.6.13.6.20.7.2-7.3
Values. Schedule of ....................... ..2.6.2.9. 14.1
Variations in Work-Authorized............ 6.25.6.27.9.5
V. . S" bE' . 9 '
ISltS to lte- y ngmeer............................ ..
Waiver of Claims-on final Payment...;............ 14.16,
Waiver of Rights by insured parties............. 5.10.6.11
Warranty and Guarantee-by Contractor....:... .".... 13.1
Warranty of Title, Contractor's....................... 14.3
Work. Access to ..................................... 13.2
Work-by others' ........... ....... ....... ... ....,...... .. 7
Work Continuing During Disputes.................... 6.29,
Work. Cost of ................................... !! .4.1 U
Work-<letinition of ..................................... I
Work Directive Change-<letinition of ................:.. 1
Work Directive Change-principal " .
references to .............. ...... ........3.4.3.10.1-10.2
Work, Neglected by Contrac~or ..................... 13.14
Work, Stopping by Contractor............... ......... 15.5
Work. Stopping by Owner....................... 15.1-15.4
Written Amendment-detinition of . '. . . . . .. . . . . . . . . . . . . .. 1
, Written Amendment-principal
references to ..................... 3.4.1, 10.1. 11.2. 12.1
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GENERAL CONDITIONS
ARTiCLE I-DEFINITIONS
"'Iherever used in these General Conditions orin the other
Co nlract Documents the following terms ha ve the meanings
ind icated which are applicable to both the singular and plural
thereof: '
Adamda-Written or graphic instruments issued prior to the
opening of Bids which clarify. correct or change the bidding
documents or the Contract Documents.
.4,1;" l"elmell t- The written agreement between OWN ERand
CO NTRACTOR covering the Work to be performed: other
, Co nlract Documents are attached to the Agreement and made
a p an thereof as provided therein.
Appli('(f{iOI1 flJ/' Paymellt- The form accepted by ENGI-
NEER which is to be used by CONTRACTOR in requesting
pro gress 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 forth the prices for the Work to be
performed.
BOllds"':-'Bid. performance and payment bonds and other
inst ruments of security,
Change Order-A document recommended by ENGINEER.
whichis 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 Effecti\'e Date of the Agreement.
COil tract Documellts- The Agreement. Addenda I which per-
tain to the Contract Documents). CONTRACTOR's Bid
(including documentation accompanying the Bid and any post-
Bid documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement. the Bonds.
these General Conditions. the Supplementary Conditions. the
Specifications and the Drawings as the same are more spe-
cifically identified in the Agreement. together with all amend-
ments. modifications and supplements issued pursuant to
. paragraphs 3.4 and 3.5 onor after the Effective Date of the
Agreement.
COlltract Price-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11,9,[ in
the case of Unit Price Work).
COf/l/"llci Tillie-The number of days (computed as provided
in paragraph 17.2) or the date stated in the Agreement for the
completion of the Work.
CONTRACTOR-The person. firm or corporation with whom
OWN ER has entered into the Agreement.
Jefectil'e-An adjective which when modifying the word Work
refers to Work that is unsatisfactory. faulty or deficient. or
does not conform to the Contract Documents. or does not.
meet the requirements of any inspection. reference standard.
test or approval referred to in the Contract Documents. Or
has been damaged prior to ENGINEER's recommendation
offinal payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14. J OJ.
Drall"il1gs- 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 the Con-
tract Documents.
Effectii'e DMe of lite Alfl"eemel1l- The date indicated in the
Agreement on which it becomes effective. but if no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and.
deliver.
E.VGIN EER- The person. firm or corporation named as such
in the Agreement.
Field Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9.5 but which does not involve a change in the Contract
Price or the Contract Time.
General Requirements-Sections of Division 1 of the Speci-
fications.
Lall"s and Regulations: Laws or Regulatiolls-Laws. rules.
regulations. ordinances. codes and/or orders.
Notice of Award-The written notice by OWNER to the
apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein. within the time specified. OWNER will
sign and deliver the Agreement.
Notice to Proceed-A written notice given by OWNER to
CONTRACTOR {with a copy to ENGlNEERlfixing the date
on which the Contract Time will commence to run and on
which CONTRACTOR shall start to ~erform CONTRAC-
TOR'S obligations under the Contract Documents.
OWN ER- The public body or authority. corporation: asso-
ciation. firm or person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be provided.
Partial Utili::.atioll-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.
Project-The total construction of which the Work to be
provided under the Contract Documents may be the whole.
or a part as indicated elsewhere in the Contract [)ocuments.
Rt'sidenl Project Rl'presl'l1Il1tii'e- The authorized represen-
tative of ENGINEER who is assigned to the site or any part
thereof.
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S~OP Drawings""7"""AIl drawings, diagrams, illustrations,
scn(~ules and other data which are specifically prepared by
or f()rCONTRACTOR to illustrate some portion of the Work
and all illustrations. brochures, standard schedules, perfor-
maClce charts, instructions" diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR to
ill~strate material or equipment for some portion of the Work.
Specifications-Those portions of the Contract Documents
consisting of written technical descriptions of materials,
equiPlllent., construction systems, standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto. '
Subcontractor-An individual, firm or cOl1Joration having a
direct contract with CONTRACTOR or with any other Sub-
con 1:nctor for the performance of a part of the Work at the
site.
Substontial Completion-The Work (or a specified part thereof)
has progressed to the point where, in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certificate
of SUbstantial Completion. it is sufficiently complete, in
accordance with the Contract Documents, so that the Work
(or specified part) can be utilized for the purposes for which
it is intended; or if there be no such certificate is'sued, when
final payment is due in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially com-
pleted" as applied'to any Work refer to Substantial Comple-
tion thereof.
Supplementary Conditions-The part of the Contract Docu-
ments which amends or supplements ,these General Condi-
tions.
Supplier-A manufacturer. fabricator. supplier. distributor,
materialman or vendor.
Underground FaciliTies-All pipelines. conduits, ducts. cables.
wires. manholes. vaults, tanks, tunnels or other such facilities'
or attachments. and any encasements containing such facil-
ities which have been installed underground to furnish any of
the fOllowing services or materials: electricity, gases. steam.
liquid petroleum products, telephone or other communica-
tions. cable television, sewage and drainage removal. traffic
or other control systems or water.
Unit Price Work-Work to be paid for on the basis of unit
prices.
Work-The entire completed construction or the various ~ep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
Work Directive Change-A written directive to CONTRAC-
TOR. issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
ordering an addition, deletion or revision in the Work, or
responding to differing or unforeseen physical conditions under
which the Work isoto be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
Directive Change may not change the Contract Price or the
Contract Time, but is evidence that the parties expect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect. if
any, on ,the Contract Price or Contract Time as provided in
paragraph 10.2.
Written Amendmenr-A written amendment of the Contract
Documents, signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally deal-
ing with the nonengineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
::;.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER,' CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
f'J.rnish in accordance with paragraph 5.1.
Copies of Documems:
2.::;. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished, upon request. at the cost of reproduction.
.commencement of Contract Time: Notice 10 Proceed:
2.3. The Contract Time will commence 'to run on the
thirtieth day after the Effective Date of the Agreement. or. if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed maybe given at any
time within ,thirty days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy~fifth day after the day of Bid opening,
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
Starting the Project:
::;.4. CONTRACTOR shall start to perform the Work on
the date when the Contract Time commences to run. but no
Work shall be done at the site prior to the date .on which the
Contract Time commences to run.
Before Starting Construction:
2.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check. and verify pertinent figures shown
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thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cncion from ENGINEER before proceeding with any Work
affected thereby: however. CONTRACTOR shall not be lia-
bl e to OWNER or ENGlN EER for failure to report any
conflict. error or discrepancy in the Contract Documents.
unless CONTRACTOR had actual knowledge thereof or should
re asonably ha ve known thereof.
2.6. Within ten days after the Effective Date of the Agree-
me nt (unless otherwise specified in the General Require-
ments). CONTRACTOR shall. submit to ENGI~EER for
reVIew:
2.6.1. an estimated progress schedule indicating the
starting and completion .dates of the various stages of the
\York:
2.6.2. a preliminary schedule of Shop Drawing sub-
missions: and
2,6,3. a preliminary schedule of values for all of the
Work which wiIl include quantities and prices of items
aggregating the Contract Price and wiIl subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub-
nllSSlOn.
2.7. Before any Work at the site is started. CONTRAC-
TOR shall deli\'er to OWNER, with a copy to ENGINEER.
certificates (and other evidence of insurance requested by
OWN ER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4. and
OWNER shall deliver to CONTRACTOR certificates (and
other evidence of insurance req~ested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5,7.
Preconstruction Conference:
2.8. Within twentv davs after the Effective Date of the.
Agree~ent. but befo~e CONTRACTOR starts the Work at
the site. a conference attended by CONTRACTOR. ENGI-
NEER and others as appropriate will be held to discuss the
schedules referred to in paragraph 2.6. to discuss procedures
for handling Shop Drawings and other submittals and for
processing Applications for Payment. and to establish a working
understanding among the parties as to the Work.
Finali::ing Schedules:
2.9. At least t~n days before submission of the first Appli-
cation for Pa~.ment a .:onference attended by CONTRAC-
TOR. ENGINEER and others as appropriate will be held to
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 fuIl responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement 'for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGINEER as to form and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
I nten!:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
. called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Projecl.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereon to be .con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supplied whether or not specifically.
called for. When words which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
or codes of an v technical societv. organization or association.
or to the Law~ or Regulations 0'1' any governmental aUthority .
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 lor. on
the Effective Date of the Agreement if there were no Bids l.
except as may be otherwise specifically stated. However. no
provision of any referenced standard specification. manual
or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be effective to change .the
duties and responsibilities of OWNER.CONTRACTOR or
ENGINEER. or any of their consuitants. agents or employ-
ees from those set forth in the Contract Documents. nor shall
it be effective to assign to ENGINEER. or any of ENGI-
NEER's consultants. agents or employees. any duty or
authority to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility contrary to the provisions of paragraph 9.15 or 9.16.
. Clarifications and interpretations of the Contract Documents
.~hall be issued by ENGINEER as provided in paragraph 9,4,
3:3. If. during the performance of the Work. CONTRAC-
TOR finds a conflict. error o.r disc'repancy in the .Contract
Documents. CONTRACTOR shall so report to ENGINEER
in writing at once and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification
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fro~ENGINEER; however. CONTRACTOR shall not be
liable to, OWNER or ENGINEER for failure to report any
contliet. error or discrepancy in the Contract Documents
unle 55 CONTRACTOR had actual knowledge thereof or should
reas onably .have'known thereof.
Ame.ruiillg and Supplementing Contract Documents:
3.4 - The Contract Documents may be amended to pro-
vide for additions, deletions and revisions in the Work or to
modifythe terms and conditions thereof in one or more of
the following ways:
3.4.1. a formal Written Amendment.
or
3.4.2. a Change Order (pursuant to paragraph 10.4),
304.3. a Work Directive Change (pursuant to para~
graph 10.1).
As indicated in paragr;i.phs 11.2 and 12.1. Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment. '
3.5 - In addition. the requirements of the Contract Docu-
ments may be supplemented. and minor variations and devia-
tions, in the Work may be authorized, in one or more of the
following ways:
3.5: 1. a Field Order (pursuant to paragraph 9.5),
3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27), or
3.5.3. ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
Reuse of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
Suppli'er or other person or organization performing or fur-
n~shing any of the Work under a director indirect ~ontract
with OWNER shall have or acquire any title to or ownership
rights in any of the Drawings. Specifications or other docu-
ments (or copies of any thereof) prepared by or bearing the
seal of EN GINEER; and they shall not reuse any of them on
extensions of the Project pr any other project without written
consent of OWNER and ENGINEER and specific written
verificatioll or adaptation by ENGINEER.
ARTICLE 4-AV AILABILITY OF LANDS; PHYSICAL
CONDITIONS; REFERENCE POINTS
A vciiJ.ahiJiJy of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents, the lands upon which the Work is to be per-
formed. rights-of-way and easements for access thereto, and
. .
such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER. unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shalL provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made
to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface condition's
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such reports. but not upon nontechnical data. imerpreta-'
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6. CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site.
4.2.2. Existing Structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the c.omplete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in the immediately preceding sentence and in
paragraph 4.2.6. CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to such structures.
4.2.3. Report oj Differing Conc{itions: If CONTRAC-
TOR believes that:
4.2.3.1. any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs 4.2.1
and 4.2.2 is inaccurate. or
4.2.3.2. any physical condition uncovered or
revealed at the site differs 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'(except in an emergency as permitted by para-
graph 6.22), notify OWNER and ENGINEER in writing
about the inaccuracy or difference,
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4.2.4. ENGINEER's Rnil!l\': ENQINEER will
promptly review the pertine~t conditions. determine [he
necessity of obtainingadditional t:xplorations or tests with
respect thereto and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and con-
dusions.
4.2.5, Prjssihle Document Change: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Do'cuments is required. a
Work Directive Change.or a Change Order will'be issued
as provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
4,2.6. Possihle PricI! and TilliE' AdjusllIIl!nrs: In .:. :ch
such case. an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
t her are attributable to any such inaccuracy' or difference.
If OWNER and CONTRACTOR are unable 'to agree as to
theamount or length thereof. a claim may be made therefor
as provided in Articles i I and 12.
Physical Conditions-Underground Facilities:
4.3.1. Sholl'n oi' Indicared:'The information and data
Shown or 1 'n'dl'cated l'n the ron'r"c' I"\"",;m"n'c ,\,;,h ,';o~",.t
- ......... .. -............., ""'....... . .I..I.\,.J......."'"
. to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER
or ENGINEER by the owners of such Underground Facil-
i ties 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.
4,3.1.2. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina-
tion of the Work withthe owners of such Underground
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6.20 and.
repairing any damage thereto resulting from the Work.
the cost of all of which will be considered as having
been included in the Contract Price.
4,3.2. Nor Sholl'n or Indic(/rl.'d. If an Underground
Facility is uncovered or revealed at or contiguous to the
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have been expected to be aware of; CONTRACTOR
shall. promptly after becoming aware thereof and before
performing any Work affected thereby (except in an emer-
gency as permitted by paragraph 6.22). identify the owner
of such Underground Facility and give written notice thereof
to that owner and to OWNER and ENGINEER.ENGI-.
NEER will promptlv review the Underground Facility to
determine the extent to which the Contract Documents
should be modified to reflect and document the conse-
quences of the existence of the Underground Facility; and
the Contract Documents will be amended or supplemented
to the extent necessary. During such time. CONTRAC-
TOR shall be responsible forthe safety and protection of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time. or both.
to the extent that they are attributable to the existence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
. thereof. CONTRACTOR may make a claim therefor as
provided in Articles II and 12,
Reference Points:
4.4. OWN ER shall provide engineering surveys to estab-
.Iish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible forlay-
ing out the Work (unless otherwise specified in the General
Requirements). shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations~ and shall be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE 5-BONDS ANI) INSURANCE
Performance and Other Bonds:
5, I. 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 uritil'one
year after the date when final payment becomes due, except
as otherwise provided by Law or Regulation or by the Con-
tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary Condi-
tions. All Bonds shall be in the forms prescribed by Law or
. Regulation or by the Contract Documents and be executed
by such sureties as are, named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
panies" as published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts. U.S. Treasury Department. All
Bonds signed by an agent must be accompanied by a certified
copy of the authority to act. .
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right
to do business is terminated in any state where any part of
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the Froject is located or it ceases to meet the requirements
of p 2ragraph 5.1, CONTRACTOR shall within five days
ther-eafter substitute another Bond and Surety, both of which
must:: be acceptable to OWNER.
Con1TQCt4rs Liability Insurance:
5.3, CONTRACTOR shall purchase and maintain such
com prehensive general liability and other insurance as is
apprcpriate for the Work being perfonned and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other- Obligations under the Contract Documents. whether it
is to be perfonned or furnished by CONTRACTOR, by any
Subc ontractor. by anyone directly or indirectly employed by
any of them to perfonnor furnish any of the Work. or by
anyo ne for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compen-
sa tion, disability benefits and other similar employee ben-
eft t acts;
.5.3.2. Claims for damages because of bodily injury,
oc cupational 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;
5.304. 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 located. including 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 specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions, or required by law, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur- .
ance so required to be .purchased and maintained (or the
certificates or other evidence thereof) shall contain a provi-
sion or endorsement that the coverage afforded will not be
cancelled. 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 shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting. removing or
replacing defective Work in accordance with paragraph 13.12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two years after final payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
Contractual Liability Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31. '
Owner's Liability Insurance:
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's oWn liability insurance and, at
OWNER's option. may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under thi: Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value.
thereo[(subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulations). This insurance shall include tlie interests
of OWNER. CONTRACTOR. Subcontractors, ENGINEER
and ENGINEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured parties. shall insure
against the perils of fire and extended coverage and shall
include "all risk" insurance for physical loss and damage
including theft, vandalism and malicious mischief. collapse
and water damage. and such other perils as may be provided
in the Supplementary Conditions. and shall include damages.
losses and expenses arising out of or resulting 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. CONTRACTOR shall
purchase and maintain similar property insurance on portions
of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for
Payment. .
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations. which will include the in~erests of OWNER,
CONTRACTOR.. Subcontractors, ENGINEER AND
"ENGINEER's consultants in the Work. all of whom sh~1l be
listed as insured or additional insured parties.
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5.8, All the policies of insurance lor the certificates or
C7cherevidence thereof) required to be purchased and main- .
t~jned 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 o(renewal
. re fused until at least thirty days' prior written notice has been
gi"en to CONTR.A.CTORby certified mail and will contain
waiver provisions in accordance with paragraph 5.1 1.2.
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
th.e extent of any deductible amounts that are provided in the
Su.pplementary Conditions. The risk of loss within the
de ductibie amou'nt. will be borne by CONTRACTOR. Sub-
co ntractor or others suffering any such loss and if any ot them
wi shes property insurance coverage within the limits of such
amOUnts. each may purchase and maintain it at the purchas-
er' s own expense.
5.10, If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy. O\VNER shall. if possible. include such insurance, and
the cost thereof will be charged to CONTRACTOR by appro-
pri at~ Change Order or Written Amendment. Prior to com.
mencement of the Work at the site. OWNER shall in writing
advise CONTR.-\CTOR whether or not such other insurance
has been procured by OWNER.
Waiver of Rights:
5,1 1.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work, and also
waive all such rights against the Subcontractors. ENGI-
NEER. E:'-iGI,\IEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6. 11. each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's consultants and all other parties named as insureds.
None of the above waivers shall extend to the rights that
any of the insured parties may have to the proceeds of
insurance held by OWNER as trustee or otherwise pay-
able under any policy so issued.
5. I 1.2. O\VNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5,6 and '3,7.
shall protect all of the parties insured and provide primary
coverage for all losses and damages caused by the perils
covered thereby. Accordingly. all such policies shall con-
tain provisions to the effect that in the event of payment
of any loss or damage the insurer will have no rights l)f
recovery against any of the parties named as insureds or
additional insureds. and if the insurers require separate
waiver forms [0 be signed by ENGINEER or ENGI-
NEER's cllnsultant OWNER will obtain the same. and if
such waiver forms are required of any Subcontractor.
CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the.
insureds. as their interests may appear. subject to the require-
ments of any applicable mortgage clause and of paragraph
5.13. OWNER shall deposit in a separate account any" money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5,13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made, OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the parties in interest may reach. If required in writing by
any party in interest, OWNER as trustee shall, upon the
OCCUrrence of an insured loss. give bond for the proper per-
formance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded
by or other provisions of the insurance reqL;ired. to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5.4 on the basis of its not complying
with the Contract Documents, OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such certificates to OWNER in accordance with
paragraph 2.7. If CONTRACTOR has any objection to the
coverage afforded by or other pro'visions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5. 70n the basis of
their not. complying with the Contract Documents. CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date' of delivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as the other may reasonably request. 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 ocher as complying with the COntract
Documents.
Partial Utili:.ation-Property insurance:
5. IS. If OWNER finds it necessary to occupy'or use a
portion or portions of the Work prior to Substantial Comple-
tion of all the Work. such use or occupancy may be accom-
plisheu in accordam:e with paragraph 14.! 0: provided that no
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such Use or occupancy shall commence before the insurers
pr-oviding the property insurance have acknowledged notice
th ereaf and in writing effected the changes in coverage neces-
sit:ated thereby. The. insurers providing the property insur-
. aBce shall Consent by endorsement on the poli.cy or policies,
but [he property .insurance shall not ,be cancelled or lapse on
ac C (JUnt of any such partial use or occupancy.
ARTICLE &-CONTRACTOR'S RESPONSIBILITIES
Suptmision and Superintendenu:
6_1. CONTRACTOR shaH supervise and direct the Work
competently and efficiently, devoting such attention thereto
and applying such skills and expertise as may be necessary
to perform the Work in accordance with the .Contract Doc-
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. techriique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shaH be responsible
to see that the finished Work complies accurately with the
Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent wiH 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.
Labor, Malerials and Equipment:
6.3 . CONTRACTOR shall provide competent. suitably
quali:fied personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shaUat aH times maintain good di~cipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or
adjacent thereto. and except as otherwise indicated in the
Contract Documents. aH Work at the site shall be performed
during regular working hours. and CONTRACTOR will not
permit overtime work or the performance of Work on Sat-
urday. Sunday or any legal holiday without OWNER's writ.
ten consent given after prior written notiCe to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shaH furnish and assume full respon-
sibility for aH 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 ihe 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 shaH 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 wiH be effective to assign to
ENGINEER. or any of ENGINEER's consultants. agents or
employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author-
ity to undenakeresponsibility contrary to the provisions of
paragraph 9.15 or9.16.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) adjust.
ments in the progress schedule to reflect the impact thereon
of new developments: these win conform generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
,
SubstiJutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
o(a proprietary item or the name ofa particular Supplier
the .naming of the item is intended to establish the type,
function and quality required. Unless the name is followed
by words indicating that no substitution is permitted,
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material 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
materi"al or equipment. CONTRACTOR ~halI make writ-
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute will perform ade-
quately the functions and achieve the results called for by
the general design. be similar and of eq.ual substance to
that specified and be suited to the same use as that spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time, whether or not acceptance of the "substitute
for. use in the Work will require a change in any of the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitute and whether
". or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license fee or
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royalty, All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement. service will be indi-
caled. The appliCation will also contain an itemized esti-
male of all costs that will'result directly or indirectly from
acceptance of such substitute, including costs of redesign
and claims of other contractors affected by the resultin"
change. all of which shall be considered by ENGINEER
in evaluating the proposed substitute, ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute.
6,7.2. If a specific means. method. technique. sequence
or procedure of construction is indicated in or required by
r heContract Documents. CONTRACTOR may furnish or
utilize a substitute means. method. sequenc~: technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGIN EER to determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents, The procedure for review by ENGINEER
will be similar to that provided in paragraph 6.7.1 as applied
by ENGINEER and as may be supplemented in the Gen-
e ral Requirements.
6.7.3. ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability. and no
.5 ubstitute will be ordered. installed or utilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nishat CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute"
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in eva:uating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute. CON-
TRACTOR shall reimburse OWNER for the charges of ..
ENGINEER and ENGINEER's consultants for evaluat-
ing each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1, CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person or organization I including
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 other person or
organization to furnish or pertorm any of the Work against
whom CONTRACTOR has reasonableobjectiLln.
6.8.2. If the Supplementary Conditions require the
identity of certain Subcontractors. Suppliers or other per-
sons or organizations (including those who are to furnish
the principal items of materials and cquipmentl to be sub-
mined to OWN ER in advance of the specified date prior
to the Effective Datt: of the..Agreement for accr:prance b\'
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supp!e-
mentaryConditions. OWNER's Or ENGINEER's accept-
ance (either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance or objec-
tion in the bidding-documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified maybe revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute. the
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER or ENGIN EER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiverofany right of OWNER or ENGI-
NEER to reject deleclil'e Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
iractors. Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor. Supplier. or other person or
organization. nor shall it create any obligiltion on the part of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subcontractor. Supplier or other
person or organization except as may otherwise be required
by Laws and Regulations,
6.10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be perfonned by any
specific trade.
6.1 I. All Work performed for CONTRACTOR bya Sub-
contractor will be pursuant to an appropriate agreemem
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 required by paragraph 5.11. CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.11. CONTRACTOR shall pay all license fees and roy-
alties and assume all costs incident to the use in [he perfor-
mance of the Work or thi: .incorporation in the Work of any
invention. design. process. produci or device w.hich is the
subject of patent rights or copyrights held by others. If a
particular invention. design. process. product or device is
specified in the Contract Documents for use in lhe perfor-
mance of the Work and ifll> the actual knowledge of OWN ER
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or B:NGINEER its use is subject to patent rights or copyrights
calli"~ for the payment of any license fee or royaJty to others,
the e::XlSlence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold hannless OwNER and -ENGINEER and a~yone
dire:: c:: tJy or indirectly employed by either of them from and
against all claims, damages, losses and expenses (including
att<>rTleys' fees and court and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process,
product or device not specified in the Contract Documents.
and s halldefend all such claims in connection with any alleged
infringement of such rights.
Penniu:
6.1 J. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con- -
struc~ion 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~
nections 10 the Work, and OWNER shall pay all charges of
such utility owners for capital costs related. thereto such as
plant investment fees.
Laws and Regulations:
6.14,1. CONTRACTOR shall give all notices and
cornply 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 Specific-ations .
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.
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment, the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other -
land and areas permitted by Laws and Regulations, rights.
of-way, permits and easements. and shall not unreasonably
encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall-assume full
responsibility for any damage to any such land or area. or to
the owner or occupant thereof or of any land or areascontig-
uous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work, CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall, to the
fullest extent permitted by Laws and Regulations. indemnify
and hold OWNER and ENGINEER harmless from and against
all claims. damages. losses and' expenses (including. but not
limited 10, fees of engineers, architects, attorneys and other
professionals and court and arbitration costs) arising directly,
indirectly or consequentially out of any action. legal or equi-
table. brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work. .
At the completion of the Work CONTRACTORshall remove
all waste materials. rubbish and debris from and about the
premises as well as all tools. appliances, construction equip-
ment and machinery, and surplus materials. and shall leave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all property not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any mannerthat will endanger
the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record Documents:
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 c1!rifications (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-
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ple:tion of the Work. {heserecord documents. samples'and
Sh opDrawings will be delivered to ENGINEER for OWNER.
Safe!) and Protection:
6.2J. CONTRACTOR shall be responsible for initiating.
m ainlaining and ,supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for the safety of. and shall
provide the necessary protection to prevent damage. injury
or loss to:
6,20, I. all employees on the Work and other persons
and organizations 'who may be affected thereby:
6.20.2. all the Work and materials and equipment to
be incorporated therein. whether in storage on or off the
site: and
6.20.3. other property at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pavements. road-
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
CONTRACTOR shall comply with alIapplicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage.
injury or loss: and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners when prosecution of the Work
may affect them. and shall cooperate with them in the pro-
tection. removal. relocation and replacement of their prop-
erty. ,-\11 damage. injury or loss to any property referred to
in paragraph 6,20.2 or 6,20.3 caused. directly or indirectly.
in \\:hole or in part. by CONTRACTOR. any Subcontractor.
Supplier or any other person or organization directly or indi-
rectly employed by any of them to perform or furnish any of
the Work 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 to
the acts or omissions of OWNER or ENGINEER or anyone
employoed by either of them or anyone for whose acts either
of them may be liable. and not attributable. dire<.:tly or indi-
rectly. in whole or in part. to the fault or negligeri<.:e of CON-
TRACTOR). CONTRACTOR's duties and responsibilities
for the safety and protection of the Work shall continue umil
such time as all the Work is completed and ENG1::-.1 EER has
issued a notice to OWN ER and CONTRACTOR in accord-
ance with paragraph 14.13 that the Work is acceptable (except
as otherwise expressly provided in connection with Substan-
tial Completionl. '
6,21. CONTRACTOR shall designate a respl1nsible rep-
resentative at the site whose duty shall be the pre\'ention l)f
accidents. Thi~ person shall be CONTRACTOR's superin-
tendent unless otherwise designated in writing by CO:-<-
TR.-\CTOR to OWNER,
Emergencies:
6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent thereto.
CONTRACTOR. without special instruction or authorization
from ENGINEER orOWNER. 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 Contract Documents have been caused thereby, If ENG I-
NEER determines that a change in the Contract Documents
is required because' of the action taken in response to an
emergency. a Work Directive Change or Chang'e Order will
be issued -to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval inaccbrdance with the
accepted schedule of Shop Ora wing submissions (see para-,
graph 1.9), or for other appropriate action if so indicated in
the Supplementary Conditions. five copies (unless otherwise
specified in the General Requirements) of all Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions will be identified
as ENGINEER may require. The data'shown on the Shop
Drawings will be complete with respect to quantities. dimen-
sions. specified performance and design criteria. materials
and similar data to enable ENGINEER to review the infor-
mation as required.
6.24. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause
no delay in Work. allsamples required by the Contract Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. SLJpplier.
pertinent data such,as catalog numbers and,the use for which
intended.
6.25.1, Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri-
fied all quantities. dimensions. specified performance cri-
teria. installation requirements. materials. catalog num-
bers and similar data \\'ith respect thereto and reviewed
or coordinated each Shop Drawing or s<imple with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents.
6.25;2. At the time of each submission. CONTRAC-
TOR shall give ENGIN E ER spel:ific written notice of each
variation that the Shop Drawings or samples may have
from the requirements l)f the C llntract Documents. and.
in addition. shall causel specific notation [0 be made on
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each Shop Drawing submitted to ENGINEER for review
andapprovaJ of each such variation.
6.26, ENGINEER will review and approve with reason.
able. promptness Shop Drawings and samples. but ENGI-
NEER's review and approval will be only for conformanc~
wi-th the design concept of the Project and for compliance
wi-th the infonnation given in the Contract Documents and
shall not extend to means.methods. techniques. sequences
or procedures of construction (except where a specific means.
me t.hod, tei::hnique, sequence or procedure of construction is
indicated in or required by the Contract Documents) or to
safe ty 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 auention
in wrifing to revisions other than the corrections called for
by ENGINEER on previous submittals. .
. .
6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.25.2 and
ENGINEER has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw.
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25.1.
6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work performed prior to ENGI-
.NEER"s review and approval of the pertinent submission will .
be the sole expense and responsibility of CONTRACTOR.
Continuing the Work:
6.29. CONTRACTOR shau carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend.
ing resolution of any disputes or disagreements. except as
pennined by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise agree in writing.
Indemnification:
6.30. . To the fullest extent p~rmitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold hannless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims, damages. losses and
expenses. direct. indirect or consequential (including but not
limited to fees and charges of engineers. architects. attorneys
and other professionals and court and arbitration costs) aris-
ing out of or resulting from the performance of the Work.
provided that any such claim..damage. loss or: expense (al is
attributable to bodily injury. sickness. disease or death. or to
injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting therefrom and
(b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR. any Subcontractor. any person
or organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence ofany such party. .
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants, agents or employees by
any employee of CONTRACTOR, any Subcontractor. any
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable,the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or type of damages,
. compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization
under workers' or workmen's compensation acts, disability
benefit acts or other employe~ benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
. ENGINEER's consultants. agents or employees arising out
of the preparation or approval of maps, drawings, opinions,
reports, surveys. Change Orders, designs or specifications.
ARTICLE 7-OTHER WORK
Related Work at Site:
7.1. OWNER may perfonn other work related to the Proj-
ect at the site by OWNER's own forces. have other work
performed by utility owners .or let other direct contracts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contract Documents, written notice. thereof will be
given to CONTRACTOR prior to starting any such other
. work; and, if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to agree
as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles II and 12.
7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER, if OWNER is perfonning 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
shallproperly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching of
the Work that may be requIred to make its several parts come
together properly and integrate with such other work. CON.
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rRACTOR shall not endanger any work of others by cutting,'
e x:.cavating or otherwise altering their work and will only cut
or alter their work with the written consent of ENGINEER
a n.d the others whose work will be affected. The duties and
re5Ponsibilities of CONTRACTOR under this paragraph are
fo r the benefit of such utility owners and other contractors
to the extent" that there are comparable provisions for the
be netit of CONTRACTOR in said direct contracts between
o '\VN ER and such utility owners and other contrac[Qrs.
7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner (or OWNERl. CONTRACTOR
sh~1I inspect and promptly report to ENGINEER in writing
an y delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
re suIts. 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 forlatent or non-
apparent defects and deficiencies in the other work,
Coordination:
7.4. If OWNER contracts with others for the perfor~
mance ofother work on the Project at the site. the .person or
organization who will have authority and responsibility for
co ordination of tlie acti vities 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 willbe itemized, and the extent of such author-
ity and responsibilities will be provided. in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Co nditions. neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination.
ARTICLE 8-0WNER'S RESPONSIBILITIES
8,1. OWNER shall issue all communications to 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. OWNER shall 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 14.4 and 14.13. .
8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to l:stablish
reference points are set forth in paragraphs 4.1 and 4.4, Para-
graph 4,2 refers to OWN ER's identifying and making avail-
able toCONTRACTOR copies of reports of explorations and
tests ofsubsuli'ace conditions at the site and in existingstruc-
tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER'~ responsibilities in respect of purchasing
and maintaining liability and property insurance are set fOrth
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change .Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections. tests and approvals is set forth in paragraph 1304.
8.8, In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.IOand Ij,1.Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9. I. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER asOWNER 's
representative during construction are set forth in the Con-
. tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
Visits to Site:
_ 9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and quality of the executed Work and to deter-
mine. in general. if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required
to make exhaustive or continuous on-site inspections [Q check
the quality or quantity of the Work. ENGINEER's effortS
will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform to the
Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed of the prog-
ress of the Work and will endeavor to guard OWNER JgJinst
defects and deficiencies in the Work.
Project Representation:
9.3. If OWNER and ENGINEER agree, ENGINEER
will furnish a Resident Project Representative to Jssist
ENGINEER in observing the performance of the Work. The
duties. responsibilities and limitations of. authority of any
such Resident Project Representative and assistants will be
Jsprovided in the Supplementary Conditions. If OWNER
designates another Jgent to represent OWN ER at the site
who is not ENGlNEER's agent or employee. the' duties.
responsibilities and limitations of authority of such olher
person will be as provided in the Supplementary Conditions,
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CJ.tp-ifications and Inurpreuuions:
9..4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
mertt:s of the Contract Documents (in the form of Drawings
or ot.herwise) as ENGINEER may determine necessary, which
shall be consistenl with or reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR
beli eves that a written clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and the 'parties are unable to agree to the
amount or extent thereof. CONTRACTOR may make a claim
therefor as provided in Article II or Article 12.
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AUlhonzed Var../llions 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
Cont:ract Time and are consistent with the overall intent of
thee ontract Documents. These maybe accomplished by a
Field Order and will be binding on OWNER. and also on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a field Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the parties are unci.ble to agree as to
the aniount or extent thereof, CONTRACTOR may make a
claim therefor as provided in Article 11 or 12.
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Rejecting Defective Work:
9.6_ ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective. and
will al so have authority to require special inspection or testing
. of the Work as provided in paragraph 13.9. whether or not
the Work is fabricated, installed or completed.
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Shop Drawings, Change Orders and Paymerits:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples, see paragraphs 6.23 through
6.29 inclusive.
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9.8. In connection with ENGINEER's responsibilities as
to Change. Orders. see Articles 10, 11 and 12. .
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9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment. etc.. see Article 14.
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Det;mnilUlJUJnS for Unit Prices:
9.10. ENGINEER will determine the actual quantJt1es
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
EN G INEER' s preliminary determinations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENd!-
N EER' s 'written decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless. within ten days
after the date of any such decision. either OWNER or CON-
TRACTOR delivers to the other party to the Agreemenl and
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to ENGINEER written notice of intention to appeal from
such a decision.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contrac.t Documents
pertaining to the performance and furnishing of the Work and
claims under Articles 11 and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to
. ENGINEER in writing with a request for a formal decision
in accordance with this paragraph, which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim, dispute. and other matter will be delivered
by the claimant to ENGINEER and the other party to the
Agreement promptly (but in no event later than thirty days)
after the occurrence of the event. giving rise thereto, and
written supporting data wilI..be submitted to ENGINEER and
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9. iO and 9.11, ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good fai.th in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect
to any such claim, dispute or other 'matter (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14.16) will be a condition
. precedent to any exercise by OWNER or CONTRACTOR
of such rights or' remedies as either may otherwise have under
the Contract Documents or by Laws or .Regulations in respect
of any such claim. dispute or other matter.
Limiuuions on ENGINEER's Responsibilities:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENG INEER ingood faith either to exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor, any Supplier. or any other person or organization
performing anyof the Work. or to any surety for any of them.
9.14. Whenever in the Contract Docul11ents the terms "as
ordered", "as directed". "as required", "as allowed". "as
approved" or terms of like effect or import are used. or the
. adjectives "reasonable", "suitable", "acceptable", "proper"
or "satisfactory': or adjectives of like effect or import are
used to describe a requirement. direction. review or judgment
of ENGINEER as to the Work. it is intended that such
requirement. direction, review or judgment will be sorely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wise). The use of any such term or adjective shall not be
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effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or .any duty or authority to undertake responsibility contrary
to ~he provisions of paragraph 9.15 or 9.16.
~.]-5. ENGINEER will not be responsible for CON-
TR-ACTOR 's means. methods. techniques, sequences or pro-
ced ures of construction. or the safety precautions and pro-
gramS incident thereto. and ENGINEER will not be respon:
sibl e for CONTRACTOR's failure to perform or furnish the
Wo rl< in accordance with the Contract Documents.
9 - 16, ENGI.NEER will not be responsible fOr the acts or
omi 5 sions of CONTRACTOR or of any Subcontractor. any
Sup plier; or of any other person or organization performing
or fu rnishing any of the. Work.
ARTICLE IO-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 piOceed 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
II or Article 12. .
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended: modified and supple.
mented as provided in paragraphs 3.4 and 3.5. except in the
case of an emergency as provided in paragraph 6,22 and
eXl:ept in the case of uncovering Work as provided in para-
graph 13.9.
10.4. OWNER and CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendments) covering:
lOA. I. changes in the Work which are ordered by
OWN ER pursuant to paragraph 10.1. are required because
of acceptam:e of Jefecril'e Work under paragraph 13. U or
correcting d{~recril'e W~rk under paragraph 13.14. or are
agreed to b~.the parties:
10".1.2. changes in the Contract Price or Contract Time
which are agreed to by the parties: and
10.4.3. changes in the Contract Price orContract Time
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9.11:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations. but during any such appeal. CON-
TRACTOR shall carry on the Work and adhere to tneprog-
ress schedule as provided in paragraph 6.29.
JO.5. If notice of any chang~ affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to. Contract Price or Contrac.t
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notjce will be CONTRAC-
TOR's responsibility. and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE Il-CHANGE OF CONTRACT PRICE
I J .1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties.responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by ~ Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER-in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise agree on the amount involved. No claim
for an adjustment i~ the Contract Price will be valid if not
. submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Contract
Price shall be determined in one of the following ways:
.11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents. by applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9, I. through
11.9.3. inclusive),
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11.3.2. By mutual acceptance of a lump sum (which
r.n ay include an allowance for overhead and profit not
rJe::cessarily in accordance with paragraph 11.6.2.1).
11.3.3. On the basis of th~ Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11.5) plus a
cONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
Cost of the Work:
II - 4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR.in
the proper perfonnance of the Work. Exccpt as otherwise
may be agreed to in writing by OWNER. such costs shall be
in am ounts no higher than those prevailing in the locality of
the Project. shall include only the following items andshall
not include any of the costs itemized in paragraph J 1.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the perfonnance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall be apponioned 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 br 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-
pOl-ution and storage thereof. and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments, in
which case the cash discounts shall accrue to OWNER.
All trade discounts, rebates and refunds and all returns
from sale of surplus 'materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work perfonned by Subcontractors.
If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then detennine. 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
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to the other provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
limited to 'engineers. architects. testing laboratories. sur-
veyors, attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proponion of necessary transpona-
tion, travel and subsistence expenses of CONTRAC.
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.2. Cost. including transponation and main-
tenance, of all materials. supplies. equipment. machin.
ery, appliances, office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the perfonnance of the Work. and cost
less market value of such items used but not consumed
which remain the propel1y of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
ri1achin~ry and the pans thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER. and the com of transponation, loading,
unloading, installation, dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The rental of any such equipment. machin.
ery or pans shall cease when the use thereofis no longer
necessary for the Work. .
11.4.5.4. Sales, consumer, use or similar taxes
related to the Work. and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
11.4.5,5. Deposits lost for 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 pennitsand licenses.
11.4.5.6. Losses and damages (and related
expenses). not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses' and damages within the
deductible amounts of propeny 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 maybe liable. Such
, losses shall include settlements made with the written
consent and approval of OWNER. No such losses,
damages and expenses shall be included in the Cost of
the Work for the purpose of detennining CONTRAC.
TOR's Fee. If. however, any such loss or damage
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requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph
11.6.2. '
11.4.5.7. The cost of utilities. fuel and sanitary
facilities at the ~ite.
11.4,5.8. Minor expenses such as telegrams. long
distance telephone calls, telephone service- at the site~
expressage and similar petty cash items in connection
with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in theWork
and premiums for properry insuP'lce coverage within
the limits of the deductible ameunts established b\'
OWNER in accordance with paragraph 5.9. .
I I J. The term Cost of the Work shall not include any of
the following: .
11.5, I, Payroll costs and other compensati~n at' CON-
TRACTOR's officers. exec~Jtjves. principals lef partner-
ship and sole proprietorships), general managers. engi-
neers. architects. estimators. attorneys. auditors. accoun-
tams. purchasing and contracting agents. expeditors.
timekeepers. Clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR ~s principal or a branch office for general administra-
tionofthe Work and not specifically in;luded in the agreed'
upon schedule of job classifications referred to in para-
graph 11.4.1 or specifically covered by paragraph 11.4:4-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
11.5.2. Expenses ()f CONTRACTOR's principal and
branch offices other. than CONTRACTOR's office at the
site,
11.5.3. Any part ofCONTRACTOR's capital expenses.
including interest on CONTRACTOR'S capital employed
for' the Work and charges against CONTRACTOR for
delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub~
paragraph 1I,~,5.9 above).
11.5.5. Costs due to the negligence of CONTRAC-
TOR, any Subcontractor. or anyone directly or indirectl~'
employed by any of t;,em or for whose acts any of them
may be liahk ir.cl'.iuinl; but notlimrted to. the corr'ection
of dl'.!('( ri.: \','urk. disposal (If materials or equipment
wrongly Sl1, ~d ,'., .: ":laking good any damage to prop-
erty,
11.5.6. Other overhead or general expense costs of
any kind and the costs of any item not specitically and
expressly included in paragraph 11.4.
CONTRACTOR's Fee:
11,6, The CONTRACTOR's Fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11.6.1. a mutually acceptable fixed fee: or if none can
be agreed upon.
11.6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 1104.1
and IlA.2. the CONTRACTOR's Fee shall be fifteen
percent:
11.6.2.2. for costs incurred under paragraph 11.4.3.
the CONTRACTOR:s Fee shall be F.vepercent: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee. the maximum a1Jo~'vable to CONTRACTOR on
account of overhead and profit of all Subcontractors
. shall be fifteen percent:
11.6.2.3. no fee shall be payable on the basis of
costs itemized under paragraphs IIAA. II..U and 11.5:
I J ,6.2.4. the amount of credit to be allowed by
CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be .the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR ~s Fee by aT) am'ount equal to ten percent of the
net decrease: and
11.6.2.5. when both additions and credits are
involved in anyone change. the adjustment in CON-
TRACTOR's Fee shall be compu'ted on the basis of the
net change in accordance with paragraphs 11.6,2,1
through 11.6,2.4. inclusive,
11.7, Whenever the cost of any Work is to be determined
pursuant to paragraph 11.4 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 Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be done
by such Subcontractors or Suppliers and for such sums within
the limit of the allowances as may be acceptable to ENGI-
NEER. CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CON-
TRACTOR (Jess any appliCable trade discounts I of matec
rials and equipment required by the allowances to be deliv-
ered at the site. and a1J applicable taxes: and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site. lahar. installation costs. overhead.
profit and other expenses contemplated for the a1Jowances
have been included in the Contract' Price and nol in the
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allowances. No demand for additional payment on account
of any thereof will be valid.
Prier to final payment. an appropriate Change Order will be
issued as recommended by ENGINEER to reRect actual
ame~nts due CONTRACTOR" on account of Work covered
by allowances. and the Contract Price shall be correspond-
inglyadjusted.
Unu .JriceWork:
11.9.1. Where the Contract Documents provide that
allor pan of the Work is to be Unit Price Work. initially
th e Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum ofthe established
LIoil prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
ti6es 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
co ver CONTRACTOR's overhead and profit for each sep-
arately identified item. "
11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred" additional expense" as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Article 1 J if the panies are
unable to agree as to the amount of any such increase.
ARTICLE 12-CHANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shortening of the Contract Time shall be based on written
notice delivered by the pany making the claim to the other
pany and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the extent of the claim with supponing data shall be deliv-
ered within sixty days after such occurrence (unless ENql-
NEER all9ws an additional period of time to ascertain more
accurate data in suppon of the claim) and shall be accom-
panied by the c1aimant'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 determined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment in the Contract Time will
be valid if not submitted in accordance with the requirements
of this paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON~
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include. but not be limited to,
acts or neglect by OWNER or others performing additional
work as contemplated by Article 7, or to fires. Roods; labor
disputes. epidemics, abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers , architects,
attorneys and other professionals and coun and arbitration
costs) for delay by either pany.
ARTICLE I3-W ARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS:
CORRECTION, REMOVAL OR
ACCEPT ANCE OF DEFECTIVE WORK
Warranty and Guarantee:
-J3.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor.
dance with ttie Contract Documents and will not be defeCTive.
Prompt notice of all defects shall be given to CONTRAC-
TOR. All defeCTive Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Anicle 13.
Access to Work:
13.2. ENGINEER and ENGINEER'srepresentatives,
other representatives of OWNER. testing agencies and gov-
ernmental agencies with jurisdictional interests will have access
to the Work at reasonable times for their observation, inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the" Work for all tequired inspections. tests or
approvals.
13:4. If Laws or Regulations of any public body having
jurisdiction require any Work (or pan thereof) to specifically
be inspected. tested or approved, CONTRACTQR shall
assume full responsibility therefor, pay all costs in connection
therewith and furnish ENGINEER the required cenificates
of inspection. testing or approval. CONTRACTOR "shall also
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be responsible for and shall pay all costs in connection with
al1 Y inspection or testing required in connection with OWN-
E R' Sor ENG IN EER's acceptance of a Supplier of materials
oc equipment proposed to be incorporated in the Work. or of
m a.terials or equipment submitted for approval prior to CON-
TR.ACTOR's purchase thereqffor incorporatiol'1 in the Work,
Th e Cost of all inspections. tests and approvals in addition to
th e above which are required by the Contract Documents
stJall be paid by OWNER (unless otherwisespecifiedl.
13.i. All inspections. tests or approvals other than those
re quired by Laws or Regulations of any public bod v having
ju risdiction shall be performed by organizations ac~eptabl~
to OWNER and CONTRACTOR (or by ENGI;-"':EER if so
sp'eci~ed).
13.!. .If any Work (including the work of others) that is
to be inspected. tested or approved is covered without written
co nCUrrence of ENGINEER. it must. if requested by ENGI-
N E ER. be uncovered for observation, Such UnCO\'ering shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR '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. lests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
Uncovering Work:
13,8, Ifany Work is covered contrary to the written request
of E:--.tGINEER. jt must. if requested by ENGI:--.iEER. be
uncovered for ENGI;\1EER's observation and replaced at
CONTRACTOR's expense.
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. expose or otherwise m'ake available
for observation. inspection ~r testing as ENGI~EER may
require. that portion of the Work in question. furnishing all
necessary labor. material and equipment. If it is found that
such Work is cll!fl!cli\'L'. CONTRACTOR shall bear all direct.
indirectanu consequential costs of such uncovering. expo-
sure. observation. inspection and testing and of satisfactory
reconstruction. (including but not limited to fees and charges
of engineers. architects. ~ttorneys and other professionals).
and OWN ER shall be entitled to an appropriate decrease in
the Contract Price. anJ. if the parties are unable to agre~ as
to the amount thereof. m~iy make a claim therefor as pr~vided
in A.rticle II, If. h011 eyer. such Work is not fl'und to be
cle,fi'Clil'('. CO:\TRACTOR ~hall be allowed an increase in
the Cllntract Pri-:~ ,r ..i1 c.\lcnsion of the Contra.:t Time. llr
both. Jirectly attr'jl1l1lable to such uncovering. exposure,
obsen.ation. inspection. testing and reconstructi,'n: anJ, if
the parties are unable 10 agree as [0 the amount llr extent
thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles 11 and 12.
Owner May Slop Ihe Work:
13.10. If the Work is defectil'e, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish or perform the Work in such a
way, that the completed Work will conform to the Contract
Documents. OWNER may order CONTRACTOR to stopthe
Work. or any portiontlrereof. until the cause for such order
has been eliminated; however. this right of OWNER to stop
the Work shall not give rise to any duty on the part of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party,
Correction or Removal of Defective Work:
13.11. Ifrequired by ENGINEER, CONTRACTOR shall
promptly. as dire.cted, either correct all defeclil'e Work.
.whether or not fabricated. installed or completed. or. if ihe
Work has been rejected by ENGINEER. remove it from the
site and replace it with nondefecti\'e Work. CONTRACTOR
shall bear all direct. indirect and consequential costs of such'
correction or removal (including but riot limited to fees and
charges of engineers. architects, attorneys and otherprofes-
sionals)made necessary thereby. .
One Year Correction Period:
13,12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision 'of the Contract Documents, anv
Work is found to be defectil'e, CONTR.-\CTOR shall promptly.
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such defeclil'e Work, or.
if it has been rejected by OWNER. remove it from the site
and replace it with Ilondefectil'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 defective Work cor-
rected or the rejected Work removed and replaced, and all
direct. indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of
engineers, architects. atrorneys and other professionals) will
be paid by CONTRACtOR, In special circumstances where
a particular item of equipment isplaced in continuous service
before Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if
so provided in the Specifications or by Written Amendment.
Acceptance of Defective Work:
13: 13. If. insteaJ of requiring correction or removal and
replacement of (h/ectil'(' Work. OWNER (and. prior to
ENGINEER's recommenJation of final payment. also
ENGIN EER) prefers to accept it. OWNER may do so. CON-
TRACTOR shall bear all direct. indirect and consequential
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CostS attributable to OWNER's evaluation of and determi-
nation to accept such defective Work (such costs to be approved
by ENGINEER as to reasonableness and .to include but not
be limited to fees and charges,of engineers, architects. attor- .
neys and other professionals), If any such acceptance occurs
prior to ENGINEER's recommendation of final payment, 3.
Change Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Work;
arid OWNER shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to agree as
.tci th e amount thereof, OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
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OWNER May Correct Defective Work:
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13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and .
to correct defective Work or to remove and replace rejected
Work as required _by ENGINEER in accordance with para-
graph )3,11, or if CONTRACTOR fails to perform the Work
in accordance with the Contract. Documents, or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may, after seven days' writ-
ten notice to CONTRACTOR. correct and remedy any such
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously, To the extent
necessary to complete corrective and remedial action. OWNER
inay exclude CONTRACTOR from all or part of the site, take
possession of all or part of the Work, and suspend CON-
TRACTOR's services related thereto, take possession of
CONTRACTOR's tools. appliances, construction equipment
and machinery at the site and incorponite in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
tatives, agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under- this paragraph. All direct, indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work: and
OWNER shall be entitled to an appropriate decrease in the
Contract Price. and, if the parties are unahle to agree as to
the amount thereof. OWNER may make a claim therefor as
provided in Article 11. Such direct, indirect and consequen-
tial costs will include but not be Jimited to fees and charges
of engineers, architects. attorneys and other professionals,
ail court and arbitration costs and all cost's of repair and
replacement of work of others destroyed or damaged by
correction, removal or replacement of CONTRACTOR's
defective Work. CONTRACTOR shall not be allowed an
. extension of the Contract Time because of any delay in per-
formance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
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ARTICLE I4-PAYMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Application for Progress Paymen1:
14.2. At Jeast twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACTOR shall submit to ENGINEER for review an Appli.
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. Ifpayment is requested
on the basis of materials and equipment not incorporated in
the Wark 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 OW1':lER has received'
the materials and equipment free and clear of all liens , charges,
security interests and encumbrances (which are hereinafter
in these General Conditions referred to as "Liens") and
evidence that the materials and. equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein. all of which will be sat-
isfactory to OWNER. The amount of retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
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.
Review of Applications for Progress Payment:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment. either indicate in writing a
recommendation of payment and present the Application to
OWNER. or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case, CONTRACTOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGlNEER's recommendation. the amount rec-
ommended will (subject to the provisions of the last sentence
of parngraph 14.7) become due' and when 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
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representation by ENGINEER to OWNER. based on ENGI-
1'1EER's on-site observations of the Work in progress as an
e/<perienced and qualified design professional and on ENGI-
NEER's review Of the Application for Payment and the
DcCompanying data and schedules that the Work has pro-
gressed to the point indicated: that. to the best of ENGI-
N EER's knowledge. information and belief. the quality of
t l1.e Work is in accordance with the Contract Documents
(5 ubject to an evaluation of the Work as a functioning whole
priorto or Upon Substantial Completion. to the results of any
,s ubsequenr tests called for in the Contract Documents. to ~
fi nal determination of quantities and classifications for Unit
Price Work under paragraph 9.10. and to any other qualifi-
cations stated inthe recommendation): and that CONTRAC-
TOR is entitled to payment of the amount recommended,
However. by recommending any s~;h payment ENGINEER
wi II not thereby be deemed to have represented that exhaus-
tive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
re sponsibilities specifically assigned to ENGINEER in the
Contract Documents or that there may not be other maners
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionallvbv OWNER or OWNER to
wi thhold payment to CONTRACTOR,
14.6. ENGINE~R's recommendation of final payment
wi 11 constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR"sbeing entitled to final payment as set forth in paragraph
14_ 13 have been fulfilled.
14.7. ENGINEER may refuse to rec~mmend the whole
or any part of any payment if. in ENGINEER's opinion. it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such pay-
me nt. or. because of subsequently discovered evidence or
the results of subsequent inspections or tests. nullify any such
payment previously recommended. to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because:
14.7.1. the Work is defecril'e, or completed Work has
been damage? requiring correction or replacement.
,I-U.:!, the Contract Price has been reduced by Writ-
ten Amendment or Change Order,
14.7,3, OWNER has been required to correct defl!(,-
ril'e Work or complete Work in accordance with paragraph
13.14. or
14.7.4. of ENGINEER's actual knowledge of the
occurrence of any of the events enumerated in paragraphs
15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGIN EER because claims have been
made against OWNER on accouilt of CONTRACTOR's per-
formance or furnishing of the Work or Liens have been filed
in connection with the Work or there are other items entitling
OWNER to a set-off against the amount recom'mended, but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for such
action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall - notify
OWNER and ENGINEER in writing that theemire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGI-
NEERissue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENGIN EER shall make an inspection of the Work to deter-
mine the status of completion, If ENGINEER does not con-
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in wri\ing giving the reasons therefor, If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion, There shall be attached ,to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have ~even days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If, after considering such objec-
tions. ENGINEER concludes that tlie 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 Iwith a revised tentative list of items to be com-
pleted or corrected) reflecting such changes from the tentative
certificate as "ENG IN EER believes justified after consider-
ation of any objections from OWN ER. At the time of delivery
of the tentative certificate of Substantial Completion ENG 1-
NEER will deliver to OWNER and CONTRACTOR a written
recommendation as to division, of responsibilities pending
final payment between OWNER and CONTRACTOR. with
respect to security. operation. safety, maintenance. heat.
utilities. insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing {he definitive
certificate of Substantial Completion. ENGINEER's afore-
'said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion. but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative list.
Partial Utiliwtion:
14.10. Use by OWNER of any finished part of the Work.
which has specifically h~en identified in the Contract Docu-
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meats. or which OWNER, ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part Oflhe Work that can be used by OWNER without sig-
nifi cant 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:
]4,10.1. OWNER at anytime may request CON-
TRACTOR in writing to permit OWNER to use any such
p~mof 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
~lJbstantial 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-
tiallycomplete and request ENGINEER to issue a certif-
icateof Substantial Completion for that part of the Work.
Within a reasonable time after either such request. OWNER,
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its s,atus of
completion. _ If ENGINEER does not consider that part of
the Work to be substantially complete~ ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of the
Work to be substantially complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
14.10.2. OWNER may at any time request CON-.
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
su bstantiaIly complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and wili prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ingtoOWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security. operation. safety. maintenance. utilities. insur-
ance. warranties and guarantees for that pan of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such part of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to
complete other related Work.
14.10.3. No occupancy or separate operation of part
of the Work will be accomplished priorto compliance with.
the requirements of paragraph 5.15 in respect of property
. insurance.
Final Inspection:
14.11. Upon written notice fromCONTRACTOR thatthe
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defective: CONTRACTOR shall immediately
take such measures as are necessary t.o remedy such defi-
ciencies.
Final Application for Payment:
114.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instructions. schedules. guaran-
tees. Bonds, certificates of inspection. marked-up record
documents (as provided in paragraph 6.191 and other docu-
ments--all as required by the Contract Documents. and after.
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16). CONTRACTOR
may make application for final payment following th.e pro-
cedure for progress payments. The.finaI Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract Documents. together with complete and legally
effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Work. In
lieu thereof and as approved by OWNER. CONTRACTOR
may furnish receipts or releases in full: an affidavit of CON-
TRACTOR that the releases and receipts include all labor.
services. material and equipment for which a Lien could be
filed. and that all payrolls, material and equipment bills, and
other indebtedness connected with the Work for which
OWNER orOWNER's property might in any way be respon-
sible, have been paid or otherwise satisfied: and consent of
the surety, if any. to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full. CON-
TRACTOR may furnish.a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
Final Payment and Acceptance:
14.13. If. on the basis of ENGINEER's observation of
, the Work during construction and final inspection. and
ENGINEER'~ review of the final Application for Payment
and accompanying documentation-all as required by the
Contract Documents. ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled. ENGI-
NEER will. within ten days after receipt of the final Appli-
cation for Payment. indicate in writingENGINEER's rec-
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
Written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the ,provisions of paragraph 14.16.
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Ot hel'lvise. ENGINEER will return the Application to CON-
T~ACTOR. indicating in writing the reasons for refusing to
recOnmend final payment. in which case CONTRACTOR
sho.ll make the necessary corrections and resubmit the Appli-
ca!:i()n Thirty days after presentation to OWNER of the
Ap plication and accompanying documentation. in appropri-
ate fOlm and substance. and with ENGINEER's recommen-
dati ()l1and notice of acceptability. the amou~trecommended
by ENGINEER wiJl become due and will be paid by OWNER
to CONTRACTOR. (In accordance with the
Geo rgia Prompt Pay Act).
I 4.14. If. through no fault of CONTRACTOR. finalcom-
ple1:ion of the Work is significantly delayed and if ENG 1-
NSER so confirms, OWNER shall. upon receipt of CON-
TRACTOR's final Application for Payment and recommen-
dation of ENGINEER. and witr'>ut terminating the Agree-
men t. 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 c omcted is le.ss than the retainage stipulated in the Agree-
ment, and if Bonds have been furnished as required in para-
graph 5,1. the written co'nsent of the surety. to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted bv CONTRACTOR
to ENGINEER with theA-ppliCiltion for s~ch payment. Such
payment shaJl be ml.).de under the terms and conditions gov-'
erning final payment, except that it shaJl not constitut~ a
waiver of claims.
Contractor} s Continuing Obligation:
14 .15. CONTRACTOR's obligation 10 perform and com.
plete the Work in accordance with the Contract Documents
shaJl be absolute. Neither recommendation of any progress
or final payment by ENGINEER. nor the issuance of a cer-
tificate of Substantial Completion. nor any payment by
OWNER to CONTRACTOR under the Contract Documents.
nor a ny 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 appr'oval of a Shop
Drawing or sample submission. nor the issuance of a notice
of acceptability byENGINEER pursuant to paragraph 14,13.
nor any correction of defective Work .by OWNER will con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
DOl:uments (except as provided in paragraph 14.161.
Wai~'er of Claims:
1-i,16. The making and acceptance of final payment will
constitute:
1-i,16.1. a waiva of all claims by OWNER against
CO~TRACTOR. e,":cept claims arising from unsettled
Liens. from dl!.l1'ctil'(' Wurk appearing after nnal inspec-
tilln pursuant to paragraph 14,11 or from failure tLl compl~'
with [he Contruct Documents or the terms of al1~' special
guarantees specified therein: however. it will I1Ll[ consti-
{ute a waiver hy OWNER of uny rights in respect Llf
CONTRACTOR's continuing obligiuions 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 IS-SUSPENSION OF WORK AND
TERMINA TION
Owner May Suspend Work:
15.1; OWNER may, at any time and without cause. sus-
pend the Work' or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time. or both.
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor. as provided in Articles II
and 12.
Owner May Terminate:
15.2. Upon the occurrence 'or anyone or more of the
following events;
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title 11. United
States Code), as now or hereafter in effect. or if CON-
TRACTOR takes any equivalent or similar action by tiling
a petition or otherwise under any other federal pr state
. law in effect at such time relating to the bankruptcy or
insolvency:
15.2.2. if a petition is tiled against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of tiling. or if a petition is
tiled seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insoh:ency,:
15.2.3. if CONTRACTOR makes ageneral 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 creditors:'
15.2.5. if CONTRACTOR admits in writing an inabil-
ity to puy its debts generall~' as they become due:
15.2.6, if CONTRACTOR persistently rails to perform
the Work in accordance \\'ith the Cuntract Documents
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(i Jlcluding, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time);
15.2.7. if CONTRACTOR disregards Laws or Regu-
la tions of any public body ha ving jurisdiction:
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.9. . if CONTRACTOR otherwise violates in any
su bstantial 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
pennitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and ofal.! CONTRACTOR's
tools. appliances, construction equipment and machinery at
the si teand use the same to the fuIl extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion). incorporate in the Work aHmaterials
and e:cfuipment stored-atihe~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
balan ce of the Contract Price exceeds the direct. indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers, architects, attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance, CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rights
or remedies underthis paragraph OWNER shall notbe required
to obtain the lowest price for the Work performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination wiIl not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue.. Any retention or
payment of moneys due CONTRACTOR by OWNER wiIl
not release CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER. OWNER may. without cause and
without prejudice to any other right or remedy, elect toaban-
don the Work and terminate the Agreement. In such case,
CONTRACTOR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses. which
will include, but not be limited to, direct. indirect and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects, attorneys and other professionals
and court and arbitration costs).
Contractor May Stop Work or TerminaJe:
15.5. If. through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ni.nety days by
OWNER or under an order of court or other public authority,
or ENGI~EER fails to act on any Application for Payment
within thirty days after it is submitted, or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due, then CONTRACTOR may. upon seven
days' written notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense .sustained plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement, if ENGINEER has failed to act on an Appli-
cation for Payment or. OWNER has failed to make any pay-
ment as aforesaid, CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
. [The remainder of this page was left blank intentionally.J
30
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,A..RTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any proVIsIOn of the Contract Docu-
m ents requires the giving of written notice, it will be deemed
t () have be'en validly given if delivered in person to. the indi-
vi dual ar to. a member of the tirm or to an officer of the
corporatian for wham it is intended, or if delivered at or sent
by registered or certified mail, postage prepaid, to the last
business address knawn to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to. in the
Contract Dacuments by days. it will be computed to exclude
the tirst and include the last day of such period. If the last
day af any such peric -i. falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable
jurisdictian. such day will ~e omitted froin the camputa-
tion.
17.2.2. A calendar day oftwenty-faur hours measured
from midnight to the next midnight shall constitute a day.
General:
IU;~ Shauld OWNER~or CONTRACTOR suffer injury~
or damage to. person or property because of any errar, omis-
sian or act of the other' party or of any af the ather party's
emplayees ar agents or others for whase acts the other pany
is legally liable, claim will be made in writing to. the other
party within a reasonable time of the first observance of such
injury or damage. The provisians of this paragraph 17.3 shall
'. not. be construed as a substitute far or a waiver of the pra-
visions of any applicable statute of limitations or repose.
17.4. The duties and obligatians impased by these Gen-
eral Conditions and th,e rights arid remedies available here-
under to. the parties hereto, and, in particular but withaut
limitation. the warranties. guarantees and abligations imposed
upanCONTRACTORbyparagraphs6.30, 13.], 13.12.13.14.
14.3 and 15.2 and all of the rights and remedies available to.
OWNER and ENGINEER thereunder, are in addition to..
and are not to be construed in any way as a limitatian of. any
rights and remedies available to. any or all of them which are
otherwise impased or available by Laws or Regulations. by
special warranty or guarantee or by ather provisions of the
Contract Documents, and the provisions af this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connectian with each particular duty. obliga-
tian. right and remedy to which they apply. All representa-
tions. warranties and guara~tl:~~m~~e Jn~t~eCOtllra~t Doc~~
uments wiU-survive~final payment and termination or com-
pletian of the Agreement.
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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 coverage will remain in effect for the life of this Contract.
1.2 CONTRACTOR'S LIABILITY:
As indicated under Section 5.3 of the General Conditions, the Contractor's LiabilIty
Insurance shall be in an amount not less than $200,000 for injuries, including accidental
death, to anyone person, and subject to the same limit for each person, in an amount not less
than $500,000 on account of one accident, and Contractor's Property Damage Insurance in
an amount not less than $100,000 for all property damage sustained by anyone person in any
one 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.
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 Engineering Department. There will be no separate payment for this work.
SC - 1
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1.5 SURVEYS:
The Contractor will provide surveying for construction staking, horizontal control, and
vertical control as necessary, utility staking, and as built.
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
l~..:ns, 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 Director of Engineering, or their
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 of the project, of the construction
and its affect on traffic.
..
SC - 2
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SECTION P .
PROPOSAL
Date: .
/J1-...---d? 1& 200"'"
/
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Gentlemen:
. In compliance with your invitation for bids dated 3 //("I? , 200 ~ the undersigned hereby
proposed to furnish all labor, equipment, and materiaIi, and to perform all work for the
installation ofroadvvay improvements; and appurtenances referred to herein as:
Paving Dirt Roads- Phase vm Contract 1
Proj~ct Number: 322-04-200823808
In strict accordance with the Contract Documents and in consideration of the amounts shown on
~ the Bid Schedule attached hereto~and totaling:_~ _ _ ~____
hvr" //v-e/-.ec/ ~~~ 5eve-r -rh!9vJ"c-...,.d ?he )/""...,eI~''/ ~t9~ --rb/ee
/1f'I'IOO DOLLARS ($ 42-~ 12-"3 .~) .
The undersigned hereby agrees that, upon written acceptance of this bid, he will'within 10 days .
of receipt of such notice execute a formal contract agreement with the OWNER, and that he will
provide the bond or guarantees req~ed by the COI;ltract Documents.
The'undersigned hereby' agrees that, if awarded the contract, he will commence the work within
lQ calendar days after the date of written notice to proceed, and that he will complete the work
within 180 calendar days. ::Ii .'/.. .
- :Ail dC4--Iz;-J ,z.-eyo(,p
The undersigned acknowledges receipt of the following addenda:H 2- d~-IZ"d :l / z.-/ 0t4?
-B.7 dcd-~d 3/f.I/o '""
Respectfully submitted
7J/c->- COdS-l;-Vc;,/,'(.,.-r. j...v?G.-.
,
(Name of Firm)
70. ~ 7')0
(Business Address)
By:
&_S/ 60.-1 J'o:!!J'O"
,
Title: --P~~,d_--I-
P - 1 -
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Paving Various Roads, Phase VTII
Project: 323-04-200823808
," .
WHISNANT DRIVE IMPROVEMENTS PROJECT
BID T ABULATJONs
; 001-1000 FORCE ACCOUNT NUMBER LS 1
:r , -
i .. 150~ 1 000 TRAFFIC CONTROL LS .. '1'
. .." ....
'167-1000.. WATER QUALITY MONITORING AND SAMPLING EA. '
167-1'500 WATER QUALITY INSPECTIONS.
MO
230-1000 ." LUMP.SUM CONSTRUCTION LS
'. GRADED AGGREGATE BASE'COURSE, INCL
'. 310-1101 , MAn . TN . .
..,318-3000." .. AGGREGATE SURFACE COURSE' . TN
'. RECYCLED AsPH CONC 9.5 mm SUPERPAVE,
. 4'02-3110.. ,.GP 2 ONLY,INCL BITUM MATL & H LIME TN .. .
RECYCLED' ASPH CONC 25 mm SUPERPAVE,
, GP 1 OR GP 2 ONLY, INCL BITUM MA TL & H.
4.02-3121. : LIME..,. .,., TN
RECYCLEiJ ASPH "CONC '1'2.5 mmSUPERPA VE,
402-3130 ,GP 2 ONLY,INCL SITUM MATL& H LIME TN
. RECYCLED ASPH CONC 19mm"SUPERPAVE, GP':
. 402-3190 . 1 OR GP 2 ONLY, INCl BITUM MA TL.& H LIME. TN
413-1000." BITUMTACK COAT
GL'
, '441-0740 CONCRETE MEDIAN,. 4 IN
: 500-3101 ... .' CLASS A CONCRETE
SY
CY'
, '550~1180 STORM DRAIN PIPE, 18 IN,.H 1-1.0, CLASS IV
LF
550-1240 .' STORM DRAIN PIPE, 24 IN/H 1-10, CLASSJV . LF
550-2180
SIDE DRAIN PIPE, 18 IN, H.1~10, CLASS IV
SAFETY END SECTION,'1 iJ"IN: STORM'DRAIN,
6:1
sAFETY END SECTION, 24 iN, STORM DRAIN,
6:1 ." ....,
EA 6
'..EA 2
SY I . ... 59
LF
, .,550-3518.
EA
550-3524
'.550-3618 'SAFETY END SECTION, 18 IN, SIDE DRAIN,6:1
6.oa-201.8 ...: STONE DUMPED RIP-RAP, TP 1, 181N
. 603-7000 PLASTIC ALTER FABRIC
SY
P-'2
'30,000. ..30,000 "
, 382.i !:i: "3;;'; i:i ' ;:.
i /4Go~' 2&01 ~.' :
2
6
. 4os- =:=' 2~3:1 ~ ,
, ;
1 22~.
'" .., l
. .., . '7"i .1 ..,-., ;/ ~L~/
1962 '.:;.(P- /::>.....,..,...-.,......
. /0 I / ,. _0 Sc.>
35: --19--{- Ct:7U"O .
70-:" .L~:; ~.' ..~~~~
. UI-
#- j)Z/.r/!--
..281 6/-
.~I ~ 3G;>Z.38'~
588
. 70~ :7f3/fB7'"h
112
3~ ~2-? ~
102
: 41, "'6'/.fJ
13 ~o-' 7.0:> -
. , ... :/~;, ftl.s2n ~
35. . -
49 . i 33!!.- .-:/rPlj!2--.
'. 3'7' =:z . 71t? Z !.l-' ,
...181
..
35 31 ~ /1/3049
, "7'V
77'0 -
; /1~~~~pS-.
1 9'0' .... '1iO
,'770 - /5'13/ -.'
, .
2S!!- /&::>71 !:2-i. .
2
59
4 !!-. 27.,,::l- .
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WHISNANT DRIVE IMPROVEMENTS PROJECT
810 TABULATIONS
.' , ',' 5'"~'
?-~~' (/& -,:'
. ZfS' . tP~ '
LF., 63 . I~ -' /OZ~ - .
EA.....82 . ~r,?& ~_' Z21D ~
· ;/ 9_' P L""/
643-4000...WOVEN WIRE FENCE ' U=: 1620.. r.r /50:;> {
'" THERMOPLASTIC PAVEMENTMA.RKIN, ARROW ., __~
653:0120 TP 2 .. "-- . ...... ....EA..~. .2
.;
THERMOPLASTIC SOLID TRAF STRIPE, 5 IN
653-1501 WHITE
., THERMOPLASTIC SOLID TRAF STRIPE,S IN
, 653-1502' YELLOW
, THERMOPLASTIC SOUD TRAF STRIPE, 24 IN"''''
653-1704 WHITE"
THERMOPLASTIC SOUD TRAF STRIPE, 10 IN
653-1810.. WHITE.
THERMOPLASTICSOUD TRAF'STRIPE, 10 IN
653-1811 YELLOW ....
, THERMOPLASTIC SKIP TRAF STRIPING, 5 IN, .
653-3501. WHITE..........
.. ".. ....
.,/'; ?2'
'" CY' ~ 1,000 /
P _ 3 WJ];j'1~7-1 """2>",'ve.~ I 30Cf S-3 /" ~
, 610-9001
REMOVE SIGN
'611-5551 .. RESET SIGN
; 636-0500
WOOD SIGN POST.
HIGHWAY SIGNS, TP 1 MATL,REFlSHEETING,
TP3
./' HIGHWAY SIGNS, TP 1 MATL, REFl SHEETING,
TP6 .
636-1020
6:::; .1 020
636-2070 '" GALVSTEEL POST, TP]
. 636-5011
DELlNEATOR,TP 1A
653-6000 . THERMOPLASTIC TRAF STRIPING, WHITE:
668-5000 . JUNCTION BOX
670-1 060 ~~~~~R ~~'N.6~ DIA.~I~
.670-1120 . WATER MAIN. 12" OrA, DIP
. . 670-9710 RELOCATE EXIST FIRE HYDRANT...
670-9720 f RELOCATED EXIST WATER VAL VE.I~CL B~~..'
, 700-5000 "
",' -." .
: 'GRASSING,COMPLETE .1.5AC.
GRADING MODiFIED (NeL HAUL, ClJT (LOOSE
MEASURE
GRADING MODIFIED [NeL HAUL, FlU {LOOSE
MEASURE
228-1000
. ..228.-1000
EA' '...7........
EA; 5 . . ;t!3"';~'2)S-~
LF .,,',1:; Ii IIb?!:- ! " '/113 ~. ,
246 I. .' ." ';
: '2' 0'" ;; , .r-c;,.- ~g ,
f; / -. i~ 1':;'... ---i
SF..22
~'~'r4.5
LF
800
1!!3?-
.' ,.LF...
I~
#~
40 ..
~LF:
;;-~ .:
PB~
16
LF
2..~ '
2-
IS'S ~,
72
.LF.
100: 2 ~....~, 22Q~
. GLF
/~ ,IB~~'
168
SY
120
EA
1.
LF
18
LF
EA
EA
, LS
600
1
.2..
,1
,3"7??
.,'.v~
: .'.. Cy. '2,,750 /C
:"',:",..,'(
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Paving Various Roads, Phase VIll
Project: 323-04-200823808
.' HAU~MI'r\1 Hl~LRPAp_lMffioYEi'!'f$N;r$
'p~a~Tafb Th\$QLAtiC~$
001-1000 f FORCE ACCOUNT NUMBER
..150-1000 i TRAFFICCONTROL
. .
228-1000' GRADING MODIFIED INCLUDING HAUL
23:0~~00~:r:UMP StJMCONSTRU~;JON., ..
GRADED AGGREGATE BASE COURSE, INCL
310-1101..MATL
430-1001' RAISED ASPHAL T EDGE
441-0016." DRIVEWAY CONCRETE. 6 IN THICK
441-4125 ' CONCRETE ROLLED CURB
500-3200 " CLASS B CONCRETE
511-1000 BARREINFSTEEL',
603-2018 ". STo.f':lE DU~PED RIP-RAP, TP 3, 181N
603-7000 'PLASTICFIL TER FABRIC
610-9001 REMOVE SIGN
611-5551 . RESET SIGN
643-1132 CH LK FENCE. ZC COAT, 4 Ft,.9 GA
CH LK FENCE WIEXT ARMS & BARBED WIRE
643::-2.t52.ZC..COAT,6 FT, 9 GA '
700-5000
GRASSING, COMPLETE 0.25 AC.
GRADING MODIFIED INCL HAUL, CUT (LOOSE
MEASURE . ' .
GRADING MODIFIED INCL HAUL, FILL (LOOSE
MEASURE .
I'
228-1000
...,......
, 228-1000
.HAUCHMAN HILL '
TOTAL PROJECT COST. .
':"4
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'.' LS
./ TN
LS
LS ;n1
10,000
10,000.
i,o !!?-: tpt) ~
:.:1' 58Z2,)!!.., l/o~Jn
0.19
: 2Cj~
735
, 39'--lb7~' 3';"'Zh?
'/5~ 3'713 ~
..25.
. :./ "0 J/:Lu
327-' -tiP2-.Zo.,.--7o-
.,.....N..."......,...:..
;!-~ ::l" /1_... 00
1.625 . 2 - ..7_...--......
LF
SY
96
4-0 e' 38713 rl-c>
IS- !l /2/0 e
~?~ ~',' 23S-S!2.
318-3000 : AGGREGATE SURFACE COURSE TN
402-3130 ,~~~Yg~~~~~~~a~~~~~~~L~mHs~~~RPAVE. I. iN
."'LF-' .. ..80
CY 3.5
. LB 50..
SY 36
SY 36
EA 3
EA 3
: LF 140
LF 600
LS .... L
CY' 630
......CY
z?:!::
Ilo~
25~ 9'/B~
'7"1 ,0
4-- /)D ~
55' ~ /t?5" ~
5-5 ~. /t:.5:" ~
e:>~
~.-;-
/4:~
/IJ/ ~
/2t04- 2.0
7-;-
.~--
! 5""1
. L/2~/23.-
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LUlVIP SUM CONSTRUCTION
PAVING. DIRT ROADS - PHASE VITI CONTRACT 1
PROJECT NuMBER: 323-04-200823808 .
HAUCHMAN HILL ROAD
WHISNANT DRIVE
NOTE: List all Lump Sum Constniction items in detail with associated costs. FAILURE TO
PROVIDE TIDS BREADKDOWN MAY DISQUALITY THE BID.
10
11
12
13
14
15
16
'\.\
/'/
W'7;jn~ ~"""c/e-
$
$
$
. _.._~._$
$
$
> $
$
$
$
$
$
$
$
$
:> $
1
i
C::::;~~-o/v/-'~'7 L7 ac.>+-
~t9 5 , 'c::>-" ~-..---h--o&:> I
3
4
C' ,,-......... .~7-"/-G/...... {.b, ~7..~.- ~
I' I
'h> 6t- &> __ ..../s .
5
6
r
0&>...,&1, co;.. ~ y-..;'....."'--?G e
/
7
- /-;;;-,.J
8
9
\ \ . / / 1'/
n~o;c.h_~ Hi/ /?oc-c1
c::;,... )/.-...vA~7 ~o?..,...t-
&c.?7'~'7 C::;<7h- /
. (
L"le_......7 'j 6;'"~tb,7
{ , . I
.A>e.-..,o.........a.--I:;
"6~"7eh
r
~ ~ 5"'''"cv-?C e
/
/&-1--".../
P -5-A 1
c:> c..>
3 c;>e;>o -
4-&30 ~
0"""
~/O-~S:o-- -
--,
c;,;;,
/2- e:- c;;. ~
3$'""2-e>
~"'"
22- &300
/
,
5;30
-
0<::;'
2&00 -
45-00 ~
'2c-/ ~.7 ~
.oc;>
3000 -
or:::=-
3S-c>o -
34; z.&>7
,
0'0
~
- $
$
$
,
TOTAL LUMP SUM AMO~ $
P-5-A2
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
5'"7 Otb? ~-
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BID BOND
Conforms with The American Institute of
Architects, A.I.A. Document No. A-31 0
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KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc. , P. O. Box 770, Evans, Georgia 30908
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as-Principal, hereinafter called the Principal,
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and the Western Surety Company
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of CNA Plaza, Chicago, III 60685
, a corporation duly organized under
the laws of t..'1e State of
South Dakota
, as Surety, hereinafter called the Surety, are held and finnly bound unto
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Augusta-Richmond County Commission, 530 Greene St., Room 605, Augusta,
Georgia 30911
as Obligee, hereinafter called the Obligee,
in the sum of 10% of bid -' - - - - - - - - - - - - - - -- - - _ - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
-Dollars ($ 1 00/0 of bid ----- )----;for the payment of which sum well and truly to be made, the-said-PfiiiCipal and thesaid
,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 Paving Dirt Roads, Phase 8
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 tenns of such bid, and give such bond or bonds as m'ay be specified in the bidding or Contract Documents with
good and sufficient surety forthe 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 b.etween the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perfonn the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this
9th
March
Blair Construction, Inc.
POBox 770, Evans, Georgia 30809
day of
2006
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Principal
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Title
Witness
Western Surety Company
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Witness
By l3LU/<-L~L~A
Buck Leigh
Attorney-in-Fact
054/GEEF 12/00
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Wstern Surety Company
POW1i:Jil. OF ATTORNEY APPOU\l'TING Il"'i])JVIDlJAI, ATl'ORNEY-IN~FACT
Kllow All Men B)' Thl'.~.e Presents, That WESTERN SURETY COMP A NY, a '<;olll.h Dakota. cO'lJOl"!It/on, is a duly organized a.nd existing cOI1J01"atiOll
having it'! principal office in the Cif;y of Sioux Fa.lls, and Slate of South 1:'hknta, Hnd ihatit (loe~ by Vi,.tlIC of the sign'ature and 8M! hCJ'cin affi}:"r! herehy
make, constitute and appoint.
Thornas M Albus, Bud{ l,elgl~, IlH:HviduaHy
ofColLlmbia, se, it~ tnlC and fawful Atl:orneY(B)-in-Pacl. wit), full pnWC1' and "ulhclI'iIY j,,,,.eby cnnf",'red to "ign, ileal c1l1{J execute fOl' and on itq behalf bonds,
undertakings and other ohligaln,'y inBtn.1l11CI1I;'1 of similar nfJ1:u1"e
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and to bind il: tbereny a,~ nll1y and to the ,~al11e extent as if .such instruments werc ,'1igncd by a duly alJi:h01';zed officer of the cOfl)oration and all the Ilctg of :laid
Attorncy, pur.~uant to t/1e ~uthority h~rehy given, arc hereby rntificd and confirmed,
111i5 Powe,. of Attorncy i,. made and executed pursuant to and by al.lth<l1'ity of thl~ 13y.Law printed on the revel~qe hcr~of, drJly adopted, a.q indicated, by .
I:he shareholders of the corporation,
In Witl1"_~s Wh"l'/~of, WESrl1RN SURETY COMPANY has c.m.lscd these pr~_~ents 1:0 he signed by its .'3e"iOl" Vice P''Csident and its COl'pOl'~te seal to
be hereto nffixed on this 26th duy of Feb11.l!lry, 2004.
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WESTERN SURETY COMPANY
State of South Dakota
County ofJl,1innchaha
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Pa,ul . , BruflsH, Sei;~;~eP;:~;;;-d;;;i
On.this 26th day of February, 2004, hefore me pcrsonAlly came Paul T nrullm to 111e known who beil1g IJY 111A (July 'W011 (I'" 1J J
'. . , . .,. ... , .,.. ,.. ~ ., . 1 .' 1>.. ( epose an( say: t lat
he re.~ides in the City of Sioux Falls, ,~tate of Souj.h Dakota; I:hat he i.l the Senic'll' Vicc PrcSl'tlClll n.r WES'rT:1RN o.r1/. 'ETY COMI'ANY I. 'J. J' d
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which cxecuted the above instl11111cnt; that he k:!10W,~ the ,'1cal of said corporafion; tJ1M: the seal affixed to the said illMrul11cm i's such "01.'JOrol> Maj. '.h' t '( ,
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,~o affixed !lUI'~llant to Authority given by the Board of Directors o{ said CnlllOl'flliol1 and I:h:\I" he ~igncd his name I:lll.lrel.0 IJ"l''lU"ll( t 1'1 I'
.. . ,. '. .' '. ~'u .0 ((,~ aut 1onty, and
acknOwledges Sl.1l11e In be the !let and deed or said corpOI'ation.
I My commission expires
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r, L. NelSOn, A$sistanl Secretary of WE'lTET~N sr IRE'-Y COMPANV "I '. , .
. .'. -, . . 00 nere lY certrfy thi:ll the Power' of Attorney her' h .'.'"
fo."" "'" 'mho,. ,~ti fy ~~'" <ho By- f> W of "" om"o"" '" ~i 0 "" eo ~" ",,,,, ,,,,,",', ,,;U 10 em.". ,,, "'ho~, . . om". Mo '.'.1 ''''''' " ".U '"
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N.S.A. R-2 (1.s--3.51 .
~at'3. Agg~.
-- Geotex:tlls Underllner
CRUSHED STONE CONSTRUCTION EXIT
TO ae: USED -'S elRECTED BY lHE ENClNEER WHERE CONS'l"RUCnOH 1TW=Fic IS ENmINC," PUBUC PAVED Ro.A.O.
PA'!1.(ENT TO BE INClUDED IN . PRra: ale FOR WI.lP SUU CONSTRUCTION OR. OTHER CONT!V,CT BlO ITEl.lS.
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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 subgrade. Section 318 is further modified to permit the use
of crusher run stone as described in Subsection 806.02.
The-Contractor will-have the choice of the followingmaterials:~
Graded Aggregate
Coarse Aggregate Size 467
Stabilizer Aggregate Type 1 or 2
. Crushed Stone
Subsection 815.01
Subsection 800.01
Section 803
Subsection 806.02
c
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-built 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
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culverts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using
approved tamps and soil layers of approximately 6 inches (loose measure) and in accordance
with Georgia Department of Transportation Standards 1030-D and 1401. Backfilling operations
of this nature shall not begin until the Contractor has on hand all equipment in good working
condition, and competent operators.
The backfilling of pipe and other minor structures shall be in accordance with Georgia
Department of Transportation Standard specifications, Current Edition. Backfilling with sand
. using jetting and/or flooding will not be allowed in any case without the written permission of -
the Engineer.
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- cubicyard.-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 GDOT 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 Contni.ctor should use caution
with standard variance and place special emphasis on hydraulic considerations.
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The Contractor shall provide borrow and/or waste pits for this project. All pits acquired for use
on this project shall be reclaimed in accordance with Subsection 107.23 and Section 160 of the
Standard Specifications and page PP A-I of this document.
All. storm drainpipe, 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- Ware 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 'l4" above the gutter line
as shown on Georgia Standard 9031-J.
CONSTRUCTION LAYOUT:
Construction layout work shall be performed bytheContractor.-8ee Section 149 of the Standard -
Specifications.
CONSTRUCTION /uTILITY SCHEDULE:
The contractor shall prepare an overall Time-Logic Schedule that includes all major utility
.. - -- relocations,_prop9~ed 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 sc~edule 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 it 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, or Primavera softwares.
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Sample ConstructionlUtilitv Schedule
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I EXCESS MATERIAL:
All excess material is to be disposed of as directed by the Engineer or as noted in Sub-Section
- -- ---~-~---1 07~23 of the Specifications and in accordance with page-PP A-l-. - .. ---- -~ -.---.. - --
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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 his/her designated representative.
EROSION AND SEDIMENT CONTROL:
The contractor shall be responsible for all soil erosion and sediment cortrol practices. All on-site
erosion control shall comply with local Augusta-Richmond County Erosion and Sediment
Control Ordinances. The cost of the work shall be included in the cost of Lump Sum
Construction unless shown as a separate pay item.
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 that 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 Fla22ers shall 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).
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Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket,
and shall use a Stop/slow paddle meeting the requirements of Section 6F-2 of the MUTCD
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 trafficc 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:
---c--~ Foundation Backfill Material, Type-II-shall conform-to Georgia Standard 1030-D and Section
207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the
Engineer. It shall also be used beneath all concrete box culverts. Quantities shall be measured
for payment in accordance with Georgia Standard 1030-D or as directed by the Engineer.
Payment shall be per cubic yard unless otherwise specified in the contract.
GRADES:
With the approval of the Engineer, grades may be field adjusted to provide for best drainage.
GRADING:
In contracts where grading, including excavation for drainage structures, is accomplished under
Section 210 (Grading Complete or Grading Per Mile) or Section 230 (Lump Sum Construction),
the Lump Sum amount bid. will include all work necessary to obtain the line, grade and
compaction in accordance with the Specifications and other contract documents. There will be
no separate payment for any work of this nature including borrow and the removal of unsuitable
and/or unstable material. However, the Contractor shall make whatever investigations he deems
necessary to determine the extent of any borrow or removal necessary to meet contract
requirements. If it develops that removal of unsuitable/unstable materials quantities could not
have been predicted by the contractor from a reasonably thorough investigation of project
conditions, the Contractor may request negotiation for payment for excavation of this nature in
areas where the depth exceeds three (3) feet below subgrade. The Owner will consider
negotiation only when this type of removal is excessive and the Contractor provides evidence
that he thoroughly investigated project conditions prior to entering his bid. Only those quantities
in excess of three (3) below finished sub grade and/or normal excavation for drainage structures,
ordered by the Engineer, will be considered for payment. -
GRASSING AND EROSION CONTROL:
The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to determine the
actual area to be grassed. No claims will be considered for extra compensation if the contractor
relies on plan information to prepare his bid.
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All slope areas are to be grassed unless shown otherwise on plans. Temporary grass is required
if permanent grass season is out.
The Contractor shall be responsible for all soil erosion and sediment control measures. All on-
site erosion control shall comply with local erosion and sediment control ordinances. The cost of
this work shall be included in the cost of the project unless shown as a separate pay item.
All unpaved and natural areas that are disturbed by the construction of this project are to be
returned to the pre-existing shape and slope and then finished and dressed. No separate payment
will be made for grassing, fertilizing, and mulching of disturbed areas, unless specifically shown
as a pay item.
Discontinued roads or other areas inside or outside the project constrllction limits, but within the
existing or required right-of-way, shall be obliterated and restored as nearly as possible to the
original contour of the ground (see Section 205 of the Standard Specifications). No separate
payment will be made for this work.
Where item number 700-5000 is shown as a pay item, Georgia Department of Transportation
specifications are modified to provide that the lump sum price bid shall be full payment for all
fertilizer, -lime and, ni trogen.-,N o-separate measurementforpa yment-will be-made- for-any - work",
or materials required to accomplish a stand of permanent grass.
If a satisfactory stand of permanent grass has not been obtained prior to the Final Inspection the
contractor shall begin watering and continue watering until a permanent stand of grass is
c=~-co-:c accepted by-the Engineer; Water sources shall include public streams and/or farm ponds if
Augusta Richmond County watering restrictions prohibit other sources. If for any reason
watering is not a viable option, the Contractor shall treat all unaccepted areas with loose sod as
described in Subsection 700.08A and 700.08C. There will be no additional pay for this work.
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 he
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
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the Engineer so long as the supports are of metal PIPE with a maximum diameter of two (2)
inches or wood, with a maximum diameter of four (4) inches.
NOTE: There shall be no supports of any material other than the two mentioned above. All
existing mailboxes and supports containing brick, masonry of any type, metal, etc. shall be
disassembled and all components, not meeting the above requirements, shall be removed from
the project and disposed in a proper manner.
When not shown -as a pay item, payment shall be included in the price bid for-Lump Sum
Construction and itemized as such.
MISCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction
Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or special design shall
be paid for Per Each. There will be no separate payment for additional depth unless specifically
shown as a pay item.
NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., with
concrete top slabs 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 biHed:Jorcthe-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. Payillent 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.
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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.
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 allowp(f 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
C.~O:C_-C~~, shrubs c: and .bushes.,andc sod in ,conflict with proposed-construction.. ...-Goordination~'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
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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 RIW and/or easements shall be relocated by the
Contractor. Such buildings on existing RIW and/or easements shall be removed by the owner or
will become the property ofthe Contractor.
SALVAGEABLE 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
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
Aeplacement in kind. See GnOT specifications, subsection='ZOB;.04.E~c~.c_ ____,_,__~__.c:_~~_---'
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 EngiIieering 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'attentionof
the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard
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STORAGE BUILDINGS:
-- The existing-sheds and/or-building shown to be relocated-will-be-relocated-by-the contractor or
reconstructed as required outside of the easement as noted on the plans, Unless otherwise
specified, the costs associated with this shall be included in Bid Item 230'-1000 Lump Sum
Constructions and described in the itemization of Lump Sum Construction.
I SUB-CONTRACTORS:
~. :C:::~-'~"=':7:,"~~The~-Gontr.act()rshall fumish,the_official name, plus...thename-and,telephone_number..ofthe24- -~,--:-~
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.
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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 ea"-uings on a monthly basis.
STORlVI DRAIN PIPE:
Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete
and shall include O-ring gaskets.
NOTE: All submissions shall include the following information for each Subcontractor:
. Name of Subcontracting Firm
· Description of Work To Be Done
· 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 sub grade shall be test rolled on six feet centers using a
loaded dump truck or other equipment approved by the Engineer.
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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 travel way. 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.
cc,=",Alhtemporary-traffic:-control devices are to be placed in accordance-with Georgia DepartmentoL
Transportation Standards and Specifications.
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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.
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The Contractor will not be paid for any delays or extra expense caused by utility facilities
obstructions or any other items not being removed or relocated to clear construction in advance
of his work.
All known utility facilities are shown schematically on the plans and not necessarily accurate in
location as to plan or elevation. Utility facilities such as service lines or unknown facilities not
shown on the plans will not relieve the Contractor of his responsibility under this requirement
except as noted below. "Existing Utility Facilities" means any utility facility that exists on the
.. - highway project in its original, relocated or newly installed position. Other than service lines
from street mains to the abutting property the contractor will not be held responsible for the cost
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
and.need.to.be moved out of the way-or, if not, must be properly.protectedduringconstruction.-
No separate payment will be made for this work. Public utilities of this nature except Augusta
Utilities and Augusta Traffic Engineering will be handled by the utility owner.
,~~J,,-'-'~_-=~HEFOLLOWlNG-"'.UTILIT:Y-~tQMP ANIES ..SHALL::BE-~NJ).llFIED~BEFORE-W.ORK
BEGINS:
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(Contacts revised 10/2/03)
Atlanta Gas Light Company
1840 Wylds Road
Augusta, GA 30913
Phone:(706) 481-1452
FAX: (706) 481-1495
Attn: Carl Corley
Bell South
3841 Wrightsboro Road
Augusta, GA 30909
Phone: (706)860-8283
FAX: (706) 855-1917
Attn: Warren Geitgey
Knology of Augusta
3714 Wheeler Road
Augusta, GA 30909
Phone: (706) 364-1015
Fax: (706) 364-1011
Attn: Richard Strength .
Augusta Utilities Department
360 Bay Street, Suite 180
Augusta, GA 30901
Phone: (706) 798-0494
Fax: (706) 312-4123
Attn: Russell Thies
Georgia Power
2103 North Leg Road
Augusta, GA 30909
Phone: (706) 667~5538
FAX: (706) 667-5666
Attn: A1 Danner
Jefferson Energy Cooperative
P.O. Box 457
Wrens, GA 30833
Phone: (706) 547-5019
Fax: (706) 547-5051
Attn: Mike Wasden
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Comcast Communications
105 River Shoals Parkway
Augusta, GA 30909
Phone: (706) 739-1842
Fax: (706) 739-1842
Attn: Kevin O'Meara
KMC Telephones
Augusta Richmond County
Information Technology Department
Phone: (706) 821-2405
Fax: (706) 821-2530
Attn: Dennis Norviel
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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 ret1ectorizedand/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 l2-month warranty. The l2-month
warranty is hereby modified to include the following: Any repairs, corrections, or modifications
performed within the last six months of the original l2-month warranty shall have the original .
l2-month warranty extended 180 calendar days past the date of such repairs, corrections, or
modifications.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 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 constructionwaming 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 DetaiJs
· 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, 910~,_.9107, ~@d_._
~--applicable-Standard Construction Details.shall-confornffu Part VI of1heMUTCD, 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
. ,feefma-dv'ance of the temporary gore, and 10 feet for the first 100 fe.et of the temporary gore; .
150.03. F.1. MATERIALS - INTERIM SIGNS: Retain as written and add secondparagra.ph.
Posts for all interim signs shall be constructed to yield upon impact unless the posts are protected
by guardrail, portable barrier, impact attenuator or other type of positive barrier protection.
Unprotected posts shall meet the breakaway requirements of the "1985 AASHTO Standard
Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals"..
Unprotected post splices will not be permitted any higher than four inches above the ground line
,to lessen the possibility of affecting the undercarriage of a vehicle.
150.03.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE
REQUIRED TO BE MOUNTED AT SEVEN FEETIN HEIGHT NO LONGER REQUIRE THE USE OF
WARNING FLAGS. .
Delete first sentence of second paragraph and substitute:
,Construction warning signs which are mounted at less than seven feet in height (portable signs) shall
have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each sign.
)
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.04.E.2.a.2.: Retain as written and add: In lane shift areas skip lines are not allowed, Solid lines are
required.
150.04. E.2.b.1.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid lines are
required.
150.05. D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute Type
11 (eleven).
150.10 PAYMENT: Item No. 641 - Delete reference to Type 9 and substitute Type 11 (eleven).
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
June 22, 1994
First Use: July 24, 1994
Modification of Standard Specifications, 1993 Edition
Retain Section 150 as written and add the following:
For this project, all references in the Standard Construction Details listed below to Type I Barricades,
Type II Barricades, Type "A" flashing-lights and Type "C" steady burn lights are deleted, except that
Type "c" lights will be required for tapers in nighttime lane closures.
Standard Construction Details. _
· Typical By-Pass Detour for Two-Lane Highway
· Typical' Detour Across Median
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscellaneous Details
In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and
. applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated
September 3, 1993.
Detail "A" as shown on Georgia Standard 4960 is deleted..
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
Rev. June 21, 1994
First Use: July 24,1994
Rev.: August 16, i994
Modification of the Standard Specifications, Current Edition
Delete Section 150 as written and substitute the following:
150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTCD shall be
considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and
removing necessary traffic sigris,barricades, lights, signals, cones, pavement markings and other traffic
control deviceS and shall include flagging and other means for ~idance and protection ofvehicuiar and
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
pedestrian traffic through the Work Zone. This Work shall include both maintaining existing devices
(excluding Traffic Signals) and installing additional devices as necessary in construction: work zones.
When any provisions of this Specification or the Plans do not meet the minimum requirements of the
Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition ofthe
MUTCD and Revision 3, dated Septe~ber, 1993, of Part VI shall be in etfe'ct for the duration of the
project.
A. The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor'-
C\VTCS) who shall be responsiblefor selectir1g, installing and maintaining all traffic control devices
in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's
traffic control responsibilities shall have priority over all other assigned duties.
As the representative of the Contractor, the WTCS shall have full authority to act on behalf of the
Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training ir1
safe traffic control practices in accordance with Part 'VI of the MUTCD. In addition to the \VTCS 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 meSas long as
satisfactory resul ts 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 ofthe emergency.
The WTCS shall supervise the initial installation of traffic control devices which will be reviewed by
the Engineer prior to the beginning of construction. Modifications to traffic control devices as required
by sequence of operations or staged construction must be reviewed by the WTCS. The mcs shall
regularly perform inspections to,ensure that traffic control is maintained.
R 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 PlaIl$, and
Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09.
C. All ref1ectorization for construction (black on orange) signs, object markers, and 'channfillization
devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other
signs shall meet the requirerp:ents 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 ir1 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 approvaJ of the Contractor's proposed plan of operation,
sequence of work and methods of providing for the safe passage of vehicular and pedestrian traffic
before it is placed in operation. The proposed plan of operation should supplement the approved
traffic control plan. Any major changes to the approved traffic control plan, proposed by the
Contractor, are to be submitted to the Department for approval in accordance with Subsection 104.03
of the Standard Specifications.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Some additional traffic control details will be required prior to any major shifts of traffic. The traffic
control details shall include, but not be limited to, the following:
1. A detailed drawing showing traffic location and laneage for each step of the change.
2. The location, size, and message of all signs required by the MUTCD, Plans, Special Provisions,
and other signs as required to fit conditions.
3. The method to be used in, and the limits of, the obliteration of conflicting lines and markings.
4. Type, location, and extent of new lines and markings.
5. Horizontal and vertical alignment and superelevation rates for detours, including cross section
and profile grades along each edge of existing pavement.
6. Drainage details for temporary and permanent alignments.
7. Location, length, andlor spacing of channelization and protective devices (temporarY barrier,
guardrail, barricades, etc.) .
8. Starting time, duration and date of planned change.
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9. Forea-ell traffic shift, a paving plan, erection plan, or work site plan, as appropriat.8, de.tai1ing
workforce, 'materials, and equipment necessary to accomplish the proposed work. This will be the
minimum. resource allocation required in order to start the work.
The above details shall be submitted to the Engineer for approval at least 14 days prior to the
anticip~ted traffic shift. The Contractor shall have traffic controldetailsforRtrafficshift .which has
been approved byHthe Engmeeipnorto commencement of the physical shift. All preparatory work
. relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the
designated starting time. The Engineer .and the Contractor's representative will verify that all
conditions have been met prior to the Contractor obtaining materials for the actual traffic shift.
F. Traffic cOntrol devices shall be in acceptable condition when first erected on the project and shall be
maintained in accordance with Subsection 104.05 throughout the construction period. All
unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic
control devices shall be removed, placed or covered so as not to be visible to traffic. If traffic control
devices are left in place for more than ten days after completion oftheWork, 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 m:iy become due, the Contractor.
G. The Department reserves the right to -restrict construction operations when, in the opinion of the
Engineer, the continuance ofilie 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 of the
MUTCD and Sub-Section 150.03. .
2. Portable sequential or flashing arrow panels as shown.in the Plans or Specifications for use on
\ Interstate or multi-lane highway lane closure onJy, shall be a minimum size of 48" high by 96"
7/"'-4.
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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 min~um legibility distance of one mile. The mininium
legibility distance is that distance at which the arrow panel can be comprehended by an observer
on a sunny day, or clear night. Arrow panels shall be equipped with automatic dimming features
for use during hours of darkness. The arrow panels shall also meet the requirements as shown
in the MuTeD, The sequential or flashing arrow panels shall not be used for lane closures on two-
lane, two-way highways when traffic is restricted to one-lane operations in which case,
appropriate sign~g,f1aggersand 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 ha~e_pric>r. approval of the Engineer. Lane closures-that-require same
-ciiieCtion tratnclo be split around the Work Area will not be approved for roadways with posted
' speeds of 35 mph or greater, excluding turn lanes.
2. Ozi 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 s}des of the ramp. The
c~,~~lBR2!.~ramp taper length shall be greater than, or equal to,the existing taperlength. Interim
~EXIT gorfi' signs shall be placed at the ramp divergence. Charinelization 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.
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4, To provide !:.be 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 TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the
,Contractor up to'ten (10) minutes maximum to work in or above all lanes of traffic for the
following purposes: '
a. Placing bridge members or other bridge work.
b. Placing overhead sign structures.
c. Other work items requiring interruption of traffic.
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The Contractor shall provide a unifonned police officer with patrol vehicle and blue flashing light for
each direction ofpacing. 'l'he,police officer, Engineer, and f1aggers at ramps shall be provided with a
radio which will provide continuous contact with the Contractor.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
When ready to start the work activitY, the police vehicle will pull into the travel lanes and act as a
pilot vehicle slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform
the Work. Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic,
with a flagger properly dressed and equipped with a Stop/Slow paddl e. 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 imd cover a W-special sign (72 inch x 72
inch) with a Type "B" flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY"
(See Detail150.A). Ap6rtable changeable mesSage sign may be used in lieu of the W-special sign. On
divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted
at the sign, and upon notice that the traffic is to be paced shall turn on the flashing light and reveal
the sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered
orremoveci. W-special~~arereflectorizedblack on orange, Series '~C" letters-and border of the size ~- -
--ipecmed.- .
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
T ~ ~. ru.S/{ I *' LI eHl [Jj nun' I C S J Of:
1 P WoItG IN
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3. A.IoD I LIS
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0( orwa REFLECTOR lIED aACKCROJHD
DETAIL 150-A
D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic
unless separated by a'positive barrier, or when construction activity necessitates otherwise, and shall
not reverse direction except at intersections, interchanges, or approved temporary crossings.
E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not
interfere with normal traffic operations or 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.
B. 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 adjacent to
traffic is prohibited.
J. The Worksite Traffic Control Supervisor (WTCS) shall monitor the w:ork to ensure that all the rocks,
. boulders, con.struction debris, stockpiled materials, eq~ipment, tools and other potent~al 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 b~ 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 ofpedestriaiJ. traffic.
150.03 SJGNS:
A When required for proper traffic control during con.structionofthe project, all existing guide, warning,
and regulatory signs shall be maintained by the Contractor in. accordance with these Specifications.
Existing street name signs shall be maintained at street intersections. All existing illuminated signs
shall remain lighted and be maintained by the Contractor.
B. When not in use, all inappropriate traffic signs or portion.s thereof shall be removed, placed or covered
so as not to be visible to traffic. All con.stiuction warning signs shall be removed wi thin seven calendar
da}'~~atter time charges are stopped or' pay items are complete.-Subsequentpunch;;;lisror~other workH
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 ~ngineer,and become the property of the'Depa:rtiii:erit Urilessotherwise specified in
th'e contract documents. .
D. Interim guide, warning, o~ 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 beat 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 design
requirements Oegend, letter size, spacing, border, etc.) equal to that 'of the existing signs, or of
Subsection lS0.03.E:S. 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 Oegend) that applies to a particular roadway location. When
an existing special guide sign is in conflict with work to be performed, the Contractor shall remove
the conflicting sign and reset it in a new, non-conflicting location which haS been.approved by the
Engineer.
2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize existing signs, either in
place or relocated, the 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 GillDE SIGN STRUCTURES: Interim overhead special guide sign
structures are not required to be lighted unless specifically required by the Plans. Iflighting is
required the sign shall be lighted as soon as erected and shall remain lighted, during the hours
of darkness, until the interim sign is no longer required. The Contractor shall notify the Power
Company at least thirty (30) days prior to desiring connection to the power source. ' ,
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. The installation of new permanent special guide signs and the permanent modification or
resetting of existing special guide signs, when included in the contract, shall be accomplished as
soon as practical to minimize the use of interim special. guide signs. If lighting is required by the
Plans, all new permanent overhead special guide signs shall be lighted as soon as 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 MUTCD, except that the minimum size of all letters
and numerals in the names of places, streets and highways on all sigris shall be 16 inches Series
"E" initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48
inches and 60 inches for two-numeral and three-nuri:leral routes, respectively. Additionally, the
exit road name or route shield shall be placed on the exit gore sign.
F. MATERIALS - INTERIM SIGNS:
1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green
or silver paint may be used in lieu of galvanization for steel posts or structural shape posts. Wood
posts are not required to be pressure treated.
2. SIGN BLANKS AND PANELS -All sign blanks and panels shall conform w Section 912 of the
. Specifica99~ex:c:eptJhat blanks and panels may be ferrous based or other metaIalloys;-Type 1
-- "----and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regardless of the sign type
used. Alternative sign blank. materials (composites, poly carbonates, fiberglass reinforced plastics,
recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research
for use as interim construction signs before these materials are allowed w be incorporated into
the work. Signs shall be paii1tedto prevent rust if other metals are used in lieu of aluminum.
Plywood blanks or panels will not be permitted. n_ _=~--:~.'.:.~: _ -=.. ~.::.__ n.:.~C--: ..: ,--
G. All existing, interim and new permanent signs shall be installed so as to be completely visible for an
advance distance in compliance with the MUTCD. Limbs, brush, construction equipment and
materials shall be kept clear of the driver's line of sight to the signs.
H. Advance waming 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-l) signs placed
. atthe termini of the project.. The series shall have the legend ROAD WORK (1500FEET, 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 WORKAHEADsign. .
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. AJ] construction warning signs on divided highways shall be double indicated (i.e~, on the
left and right sides of the roadway.) . .
1. The sequential or flashing arrow panels shall bepJaced 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 MUTCD.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
. KThe 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 iristalled in accordance with the requirements
of Section 647.
150.04 PAVEMENT MARKINGS
A. Generally, full pattern pavement markings in accordance with Section 652 and in conformance with
Section 3A and 3B,except 3B-3 and 3B-S, of the MUTCDare required on al,l courses before the
roadway is opened to traffic. No passing zones shall be marked to ccinform to Section 150.04 E.-- During
construction and maintenance activities on all highways open to traffic, both existing markirigs and
markings applied under this Section shall be fulJy maintained until Final Acceptance. If the pavement
markings are, or become, UIfSatisfactory in the judgement of the Engineer due to wear, weathering,
or construction activities, they shall be restored immediately. On resurfacing projects pavement
markings sh.all be provided on all surfaces that are placed over existing markings. On widening and
reconstruction projects (where the lane configuration is altered from the pre-construction layout)
pavement markings will be as required by the Plans or the Engineer. On new construction projects
pavement marking plans will be provided. .
B. MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width
and shall conforrii to the requirements of Section 652, except as modified herein. Raised pavement
markers (RPMs~h.a11.B1e__et the requirements of Section 654._Markings on the fInal--surface course
u'-~------Which must be removed shall be a removable type. The Contractor wilLbe 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. reflectorizingonly a portion of a stripe)
will not be allowed.
C._YSAGE: The Contractor shall sequence the workin such-amanner.as:toallow the installation of
markings in thermal fans'cc)i1flgl.i"ration 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 1 ines shall
be removed prior to; during, or in:imediately after any change so as to presentthe 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 surfac~, markings on asphaltic concrete may be obliterated by an overlay course,
when approved by the Engineer. When an asphaltic concrete overlay is placed for the sole purpose
of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay
will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid
for only once and further traffic shifts in the same area shall be accomplished with removable
, markings, On]y the minimum asphaltic concrete thickness required to cover lines (generally 60 lbJsq.
yd. of Asphaltic Concrete "H") will be allowed. Excessive build-up will not be permitted. When an
overlay for the sole purpose of eliminating conflicting markings is not allowed, the markings no longer
applicable shall be removed in accordance with Subsection 656.02. The elimination of conflicting
pavement markings by overpainting with paint or liquid asphalt is not acceptable.
D.Raised pavement markers (RPMs) are required as listed below for all asphaltic concrete pavements
before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or fmal
surface and is open to traffic, one calendar day is allowed for cleaning and drying before the
installation of RPMs is required.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
1. On Interstate and limited access highways under construction, excluding projects consisting
primarily of asphalt resurfacing items, retro-reflective raised pavement markers CRPMs) shall be
placed and/or maintained on intermediate pavement surfaces opened to traffic as follows: .
a. SUPPLEMENTING ~ LINES:
80 foot centers on skip lines with curvature less than three degrees. (Includes tangents.)
40 foot centers on solid lines and all lines with curvature between three degrees and six
degrees.
20 foot centers on curves over six degrees.
20 foot centers on lane transitions "r 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 sUTIaces as follows.:
a. SUPPLEMENTING LANE LINES AND SOLID LINES;'""""
40 foot centers except on lane shifts. C\Vhen required in the Plans or Contract.)
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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.CWhen required in the Plans.
or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
RPMs are llQ.t allowed on right edge lines.
E. EXCEfTIONS FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattern
of markings are permitted as noted below, however, full pattern pavement markings are required for
the completed project.
1. TWO-LANE, TWO-WAY ROADWAYS
a. SKIP LINES: AIl interiIn skip (broken) stripe shall conform to Section 652 except that stripes
shall be at least four feet long with a maximum gap of 36 feet. On cUrves greater than six
degrees, a two-foot stripe with a maximum gap of 18 feet shall be used. In lane shift areas
skip lines will not be allowed, Solid Lines will be required. Interim skip lines will be
permitted for a period not to exceed 14 calendar days. Interim skip lines must he replaced
with markings in full .compliance with Section 652 prior to expiration of the 14 calendar day
period. .
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'STATE OF GEORGIA
Interim raised pavement markers may be substituted for the interim skip (broken) stnpes.
Ifraised pavement markers are substituted for the four foot interim skip stripe, four markers
spaced at equal intervals over a four feet distance will be required. No separate payment will
be made if the interim raisedpavement 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 pattempavemeht
markings are applied. At the time full pattern pavement markings are a.pplied the interim
raised markers shall be removed in a manner that will not interfere wi th 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 or
portable mounted PASS-WITH CARE regu]atorysign(R4-l-24" x30"}-shalI'beplacedatthe
end of each no-passing zone. Post mounted signs shall be placed in accordance with the
MUTeD. Portable signs must have a minimum vertical height of three feet above the
pavement surface to the bottom of the sign and be secured in such a manner as to not be
easily blown over or misaligned. .
c. " EDGELINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
surfaces (including asphaltic concrete leveling for bitumiDous surface treatment paving) that
. are in use for a period ofless than 60 calendar days except at bridge approaches, on lane
transitions,lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 30 calendar days of the time that the final surface
was placed.
(2) All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that
are in use for a period of iess than 30 calendar days except" at bridge approaches, on lane
transitions, lane shifts, and in such other areas as determined by the Engineer. On the final .
surface, edgelines must be placed within 14 calendar days of the time that the surface was
'placed. .
d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols,
words and other similar markings shall be placed on final surfaces conforming tD Section 652
within 14 calendar days of completion of the final surface. On intermediate surfaces these
markings will generallynot be required unless specified by the Engineer because of special
con,ditions or when the intermediate surface will be in use for more than 45 calendar ~ays.
2. MULTI-LANE HIGHWAYS- WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOUR FEET OR LESS . . .
a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN !.t\NE)
(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 inte~ediate and final surfaces within three
calendar days of obliteration. ..
b. DIVIDED HIGHWAYS (GRASS OR RAISED MEDIAN)
(1) Lanelines - Full pattern skip stnpe shall be restored before nightfall.
(2) CenterlineJEdgeline ~ Solid lines shall be placed on intermediate and final surfaces within
three calendar days of obliteration.
c. Miscellaneous Pavement Markings Same as Subseetion l50.04.E.l.d.
3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER
. .
THAN FOUR FEET
a. Same as Subsection 150.04.E.2. except as noted in (b) below.
. b. EDGELINES ~
. -(I)-Asphaltic Concrete- Pavement - Edgelmes shaln;;; placedon intermediate and fmal
.surfaces prior to opening to traffic'.
(2) Portland Cement Concrete Pavement - Edgelines shall be placed on anysurface open to
traffic no later than' one calendar day after work is completed on a section of roadway. All
water and residue shal] be removed prior to daily striping..c'=C'":..",::-:.. Oou.. _
F. APPLICATION OF PAVEMENT MARKINGS: The Contractor shall furnish layout, clean as
necessary, and preline the surface for the placement of pavement markfugs 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 idEmtified as to location prior
to construction by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new
locationprojects and on projects where either horizontal or vertical alignments have been modified,
. the location of No-PasSing Zones will be identified by the Engineer.
G. MOBILE OPERATIONS: When pavement markings (centerlines, lane lines,and edge lines) are
applied in a continuous operation by moving vehicles and equipment, the following minimum
equipment and warning devices shall be required in addition to the requirements of the MUTeD:
1. A lead vehicle is required for two-way traffic conditions and shall have an approved sequential
or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead vehicle is not
required for low volume off-system routes and one-way traffic applications.
2. The work vehicle applying markings shall have i sequential or flashing arrow panel mounted on
the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel
shalJ 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 s~quentia1 or flashing arrow panel mounted on the
rear.' .
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. For multi-lane roadways a proteCtion vehicle shall follow the above vehicles and the protection
vehicle shall also display a prominent sign with the legend PASS ON LEFT (RIGHT). On
interstate and limited access roadways, the protection vehicle shall be equipped with a truck
mounted attenuator (TMA)that is certified for impacts not less than 45 mph in accordance with
NCHRP 230. .
5. All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right-
side rear mounted flashing yellow lights.--" - '-..
150.05 CHANNELIZATION
A GENERAL: Channelization should clearly delineate the travel way through the work zone and alert
drivers and pedestrians to conditions created by work activities ill or near the travelway.
Channelization shall be done in accbrdance 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
___1_eflectorized as required in-.Subsection-i50~Ol--;C~----.--' -- -- ~
(2) APPLICATION: Drums shall be used as the required channelizing device to delineate the
full length of a lane closure, shift., or encroachment, except as modified by this Subsection.
(a) TRANSITION TAPERS AND LANE CLOSURES: Drums _shaJI be used on all
transition tapers. The minimum length o(the appro3.ch.tra:nSition taper for a lane closure,
shift; or encroaclunent for highways with posted speed of 45 mph or greater shall be equal
to the lane width of lateral shift (Ft.) x the posted speed limit (Mph), (L = WS), but not
less than 150 feet. For multiple lane closures, only one lane may be closed per taper with
a JJiinimum 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 fulllengtb of the taper spaced at maximum
intervals in feet equal to the numerical speed limit (EXAMPLE: 55 Mph Speed Limit =
55 feet maximum spacing).
For taper lengths on urban, residential or other streets where the posted sp~ed is 40 mph
or less, the minimum length of the approach transition taper may be computed using the
formula L = WS2 160. Greater taper length shall be used when required for individual
situations. .
Drums with steady burning lights, for the length of the taper only, are required if the
condition exists into the night.
(b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for
various roadsIde work conditions except as modified by Subsection 150.06. Spacing shall
be used for situations meeting any of the conditions listed as follows:
(1) 50 FOOT SPACING MAXIMUM:
(a) For difference in elevation exceeding two inches.
(b) For healed sections no steeper than 4:1 as shown in Subsection 150.06 Detail
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) 100 FOOT SPACING MAXIMUM:
(a) For difference in elevation of two inches or less,
(b) Flush areas where equipment or workers are within ten feet of the travel lane.
(3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than.
ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane.
(a) For paved areas eight feet or greater in width that are paved flush with a
standard width travel lane.
(b) For disturbed shoulder areas not completed to typical section that are flush
to the travel Ian:. 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.
I b. VERTICAL PANELS: . .
--------------- ~__(1) DESIGN: A1Lvertica1 panels shall-have a minimum of-270square inches of retro;reflective- -~-
area facing the traffic and shall meet the requirements of the MUTCD.
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(2) APPLICATION: Lane encroachment by the drum on the travel way should permit a
remair)ing lane width of ten feet. When encroachment reduces the travel way to I ess than ten
feet, vertical panels shall be used to restore the travelway to ten feet or greater. No other
application of vertical panels Will be permitted. - -
c. CONES:
(1) DESIGN: All cones shall be a minimum of28 inches, in height regardless of application and
shall meet the requirement of the MUTCD.
(2) APPLI CATION: For longitudinal channelizing only, cones will be 'permitted for daylight
closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime
work will not be permitted.
d. BARRICADES:
(1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III
barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized
as required in Subsection 150.01.C. .
(2) APPLICATION: Type III barricades shall be placed as required by the plans, the
Standards, and as directed by the Engineer.
e. WARNING LI GHTS:
(1) DESIGN: All warning lights shall meet the requirements of the MUTeD.
(2) APPLICATI01\T:.
(a) Typ'e 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 adv'ance
warning signs in Subsection IS0.03.H. .
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. DEP ARTMBNT OF TRANSPORTATION
STATE OF GEORGIA
(b) Type C Steady-Burn lights shall be usedon all tapers when the condition e:risU into
the night. Steady-burn lights shall also be used as shown in the Plans, the StandardS, and
as directed by the Engineer.
f. PORTABLE BARRIERS:
(1) DESIGN: Portable Barriers shall meet the requirements of Section 622 - PRECAST
CONCRETE BARRIER.
(2) APPLICATION: Portable Barriers shall be placed as required by the plans. standards, and
as directed by the Engineer. When Portable Barrier is located 20 feet or less from a travel
lane, yellow reflectors shall be fixed to the top of the barrier at intervals' not greater than 50
feet and shall he mounted approximately two inches above the barrier. The reflectors shall
be either 10" x 10" square Type V (or equal) reflective sheeting mounted on flat-sheet panels,
or 8" diameter center-mounted sealed prismatic reflex reflectors housed in an aluminum
backing with a single grommeted hole.
Approach end of Portable Barrier shall be flared or protected by an impact attenuator (crash
cushion) or other approved treatment in accordance with Georgia Standard 4960,
Construction Details and Standard Specifications.
_On iIlterstate~ocother. controIl ed .access highways-where lane. s)::lifts-or-crossovers callS e--:"-~n
opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as
a separator.
B. TEMPORARY SAND LOADED A'ITENUATOR MODULES
-'. . .n.~I.~..DESQR.rPTION:'I'hisworkconsistsofthe furnishing, installation, maintenance, relocation, reuse
.~-~~ ._n.~-r~--_.-a.s-requhe((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 Loaded Attenuator Module installation shall conform to the
requirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard
4960 and shall be installed at locations designated by the Engineer.
C. PORTABLE IMPACT ATTENUATORS:
1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation,
maintenance, relocation, reuse as required, and removal of Portable Impact AttenuatOrs.
2.. MATERIALS: Materials used in the Attenuator shall meet the requirements of Section 650 for
Type A Portable Impact Attenuators.
3. CONSTRUCTION: Portable Impact Attenuator installationshall conform to the requirements of
Subsection 650.03,Manufacturer's recommendations, and Georgia Standard 4960 and shall be
installed at locations designated by the Engineer, and/or shoWn on the plans.
D. TEMPORARY GUARDRAIL ANCHORAGE-Tyryl'\n:
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance and removal of
Temporary Guardrail Anchorage - Type 11 used for Portable Barrier or temporary guardrail end
. treatment.' .
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A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-offs in el evation of more than .
two inches between surfaces carrying, or adjacent to, traffic will not be allowed for more than 24
I hours. However, where the Contractor has demonstrated the ability to continuously excavate and~
- ~~ :i;:-.~..~:;;;;'::::-,,-:::;:"'::C-'::' ~a~lpni~:ap~oficien.t.Illann.er" a single 1 ength of excil'vated areanoCtO exc-eedTOOO feet may be.left
. open as a start up area for penods not to exceed 48 hours. .
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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2. MATERIALS: Materials used in the Temporary Guardrail Anchorage - 'I'jpe 11 shall meet the
requirements of Subsection 641.02 of the Standard Specifications and current Georgia Standards
and may be new or used. Materials salvaged from the Project which meet the requirements of
Standards may be utilized if available. The use of any salvaged materials will require prior
approval of the Engineer.
3. CONSTRUCTION: Installation of the Temporary Guardrail Anchorage - Type 11 shall conform
to the requirements of the Plans, current Georgia Standards and Subsection 641.03 of the
Standard Specifications. Installation shall also include sufficient additional guardrail and
appurtenances to effect the transition and connection to Temporary Concrete Barrier as required
by the details in Georgia Standard 4960.
150.06 EXCAVATION ADJACENT TO A TRAVEL LANE: Construction work involving trenching adjacent
to a travel way shall not begin until ~he Contractor is able to continuously place the required typical
section to within two inches of the existing pavement ~levation, or heal the remaining difference in
elevation to the traveled way as shown in Detail ISO-E.
Channelization devices and placement during the construction period shall conform to the requirements
of Subsection 150.05 and Details l50-B, 150-C, 150-D, and 150-E shown herein.
In addition to the signs specified in Section 150 and the MUTeD, a W-20 sign With the legend "(LEFI')
------~jBIGI1T)J...ANENARROWS"-withtwof1ags shall be-kept just off the paving edge anc:l.-500feetupstr-eam
of the point where channelization devices are erected on the paVing edge.
B, ASPHALT BASESIBINDERS: Drop-offs in elevation of more than two inches between surfaces
carrying or adjacent to traffic will not be allowed for more than 48 hours.
C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BAsES: conStruction work
adjacent to the traveled way which involves these types of bases shall be healed within 48 hours after
the curing period is complete for each section placed. During the placement period, traffic control
devices will be in accordance with Subsection 150.05 and Detail150-B.
D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRAVELWAY:Worksuch 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 ofDetail150-E. In no case
will the drop-offbe allowed to exist more than five calendar days. This may require stage construction,
such as plating and backfilling the incomplete work. .
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
NOTE. Drums reQUIred for thIs
10cotlOn,spoced ot' 50 FT.lntervols.
If the troveled woy wIdth
Is reduced to leS5 thon
/0 feet by' the use of drums.
vertlcol ponela sholl be used
In neu of drums.
Locotlon of drums when
drop-off exceeds ~ Inche~
----------"1..
---_...:_-------\
t . NEW CONSTRUCTION +..'
TRAVEL LANE
.~
DROP-OFF GREATER THAN 4 INCHES
DETAIL 150-8
Drums spoced ot
50 feet Intervols.
Locotlon of drums when
drop-off Is 2+ Inches to
~ Inches.
_1:,~~-:-_____~.
-----------\
t
NEW CONSTRUCTION
~(
TRAVEL LANE'
~
DROP-OFF OF' 2 + INCHES TO 4 INCHES
DET AIL 150-C
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NO STEEPER THAN 4:1 2 ft. +/-
~ ---------~\
----------- .
-( t NEW CONSTRUCTION + TRAVEL LANE b
HEALED SECTION
DET AIL 150-E
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Drums spocad ot
10.0. feet Interva/a.
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Compacted oroded
aooreoote.$Ubbose
materIal or dl,-t.
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
LocatIon of dnSTI5 when
drop-off la Z Inches or less..
~ft ~/- ______\
-----------\
NEW CONSTRUCTION
+
.~
TRAVEL LANE
DROP-OFF OF 2 INCHES. OR LESS
DETAIL 150-D
LocatIon of drums ImmedIately
ofter completion of healed sectIon.
spaced at 50. ft. Intervals. .
TCP CF DRUM TO. BE LEVEL
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. DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.07 FLAGGING AND PILOT CARS:
A FJaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions,
and as required by the Engineer. . '.
B. All flaggers shall meet the requirements of the MUTCD and must have received training and a
certificate upon completion of the training from a Department approved training program. Failure
to provide certified flaggers as required above shall be reason for the Engineer ':SU$p en ding work
involving the flagger(s) until the Contractor provides the certified flaggerCs). .
C. Flaggers shall wear high-visibiIityclothing in compliarice with the MUTCD and shall use a Stop/Slow
paddle meeting the requirements of the MUTCD forcontrolling traffic. The Stop/Slow paddles shall
have a shaft length of seven (7) feet minimum. In addition to the Stop/Slow paddle, a flagger may USe
a 24 inches square red/orange flag as an additional device to attract attention. For night work, the
vest shall have reflectorized stripes on front and back.
,
D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meet the requirements
ofthe MUTCD.
E. Signs for flagg~r traffic control shall he placed in advance of the flagging operation in accordance with
the MUTeD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of
the presence of the flagger shall.heplaced beyond the point where traffic can reasonably be -expected
to stop.tinder the-most severe. conditions for that day's work.
150.08 ENFORCEMENT: The safe passage of pedestrians and traffic-through arid around the temporary
traffic control zone, while minimizing confusion and disruption to traffic flow, shall have priority over all
other Contractor activities. Continued failure of the Contractorto comply with the requirements ofSectlon
150 (TRAFFIC CONTROL) will result in non-refundable deductions of monies from th-e'C6ntract as shown
::ffi this-Subsectionfor non"performance of Work.
- Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending
all other work on t~e Project, except erosion control and traffic control, taking corrective action as
specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work
on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to
the deductions for non-performance of traffic control. .
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF
TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE
r ORIGINAL TOTAL CONTRACT AMOUNT I I
,
From More Than To and Including- Daily Charg-e
~- - - --
- ~u__ $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:
When th e first Construction Report is submitted, a payment of 25 (twenty-five)percent of the
Lump Slim price will be made. For each progress payment thereafter, the total of the Project
I. '. . . p.ercent complete shown onthe last pay statement plus 2? (twemty-five) percent wil. . 1 be paid (le~s
c'. . -........ --.. previous payments), not to'exceedone hundred (100) perc'eiif-aJi"d sUDject to normal retainage.
.z;-::.: :,j.~-"-:'-"-~-""'-":.~::'.ic..,~_~_~________._._.~......._.. . .
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When no payment. item for Traffic Control-Lump Sum is shown in the Proposal, all. of the
requirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of
complying with these requirements will not be paid for separately, but shall be included in- the overall
bid submittal. .
A. _TBAFFIQ CONTROL: When listed as a pay item inthe-Proposal;paymenfWill be maCe at the Lump
---- Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows:
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B. SIGNS: When shown as a pay item in the contract, interim special guide siglls :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
~pports 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 regardl ess 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 remonnting as required.
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'DEPARTM:ENT OF TRANSPORTATION
STATE OF GEORGIA
C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Sectio'n 622.
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign,Portable will be measured
as specified in Section 632.
E. TEMPORARY GUARDRAIL ANCHORAGE, Type 11: Temporary Guardrail Anchorage _ Type 11 will
be measured by each assembly, complete in place and accepted according to the details shown in the
plans, which shall also include the additional guardrail and appurtenances necessary for transition
and cOnDection to Temporary Concrete Barrier. Payment shall include all necessary materials,
equipment, labor, site preparation, maintenance and removal.
F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation _ Temporary will be
measured as specified in Section 647.
.
G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in
Section 647. .
H. TEMPORARY, SAND LOADED ATTENUATOR MODULES: Each Sand Loaded Attenuator Module
of the type specified includes all material components, hardware, incidentals, labor, site preparation
and maintenance. Each modUle will be measured for payment by the drum only once regardless of the
number oflocations installed. Modules to replace those damaged or destroyed by traffic impact will.
also be measured by the uni~Joi payment. Upon completionof-the-project,-the.modulesshall be-~~-
-~removedandre-tamed by the Contractor.
1. 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, includrng spare parts recommended by the manufacture for repairing minor accident
damage. Each unit will be measured only once regardless ofthe-nllhber-oflocations]nstalled, moves
_-C' ~-.,,:creqUireci;'or'fiumbei'of repairs necessary because of traffic damage. Upon completion of the project,
. . the units shall be removed and retained by the Contractor.
J. PA VEMENT MARKINGS: Pavement markings will be measured as specified in Section 150.
150.10 PAYMENT:
When shown in the Schedule ofItems in the Proposal, the following items will be paid for separately.
Item No. 150. Traffic Control. . . . . . . . . . . " . . . . . . . . . . . . . . .. . . . . . .'. . . . . . . . : . . . . . . . . LUmp Suni
Item No.ISO. Traffic Control, Solid :r'raffic Stripe _ Inch, (Color) ............. per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Oolor) .............. per Linear Mile
Item No. 150. Traffic Control, Solid Traffic Stripe,
Thermoplastic Inch, (Color) .................-.......... per Linear Mile
Item No. 150. TrafficControl, Skip Traffic St:ope,
Thermoplastic Inch, (Color) . . . . . . . . . . . . . . . . . . . . .. . . . ~ . per LinearMiIe
Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors ........... . . . . .. per Each
Item No, 150. TrafficControl, Raised Pavement Markers - All Types. . . . . . . . . . . . . . . . . " per Each
Item No, 150. Interim Ground Mounted Special Guide Signs. . . . . . . . . . . . . . . . . . .. per Square Foot
Item No. 150. Interim Overhead Special Guide Signs .......................... per Square Foot
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Item No. 150. Remove & Reset Existing Special Guide Signs,
Ground Mount, Complete in Place. . . :. . . . . . . . . . . . . . . . . . . . . . . . . . . " per Each
Item No. 150. Remove & Reset, Existing Special Guide Signs,
. Overhead,Complete in Place ..................................... Per Each
Item No. 150. Traffic Control, Temporary Sand Loaded Attenuator Modules ............ per Each
Item No. 150. Traffic Control, Portable Impact Attenuator . .. .. : . . . . " .. . . . . . . . . . . . . " Per Each
Item No. 150. Traffic Control, Pavement Markers, Words and Symbols. '. . . . . . . . " pe~ Square Foot
Item No. 150. Traffic Control, Pavement Arrow (Painted) With Raised Reflectors. . . . . . " per Each
Item No. 150.. Modify Spec' 1.1 Guide S{gn, Ground Mount. . . . . . . . . . . . . . . .. . . . . . :. per Square Foot
Item No. 150. Modify Special Guide Sign, Overhead. . . . . . . '" . . . . . . . . . . . . . . . " per Square Foot
Item No. 622. Precast Concrete Median Barrier. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . per Linear Foot
Item No. 632. Ohangeable Message Sign, Portable .................................. perEach
- ____._I.tem.No. 641~eIIlPorary Guardrail Anchorage, Type~ll-~'-;-;-. ~;-:-:~... .. :... . . . ..~ per Each
Item No. 647. Traffic Signal Installation, Temp. . . . . . " . .. . . . . . . . . . . . . . . . . . . . . . . . . : Lump Sum
Item No. 647. Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . " . " . . . . . . " " per Each
I Item No. 647. Flashing Beacon Assembly, Cable Supported::-:;;::T.::.~;~;. " .. .
--.J'"~--"'-~i.+-....L ~~"-,~.;. ~ . _ .
per Each
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Section 167-- Water Quality ~onitoring
Page 1 of 4
. Date: August 26, 2002
First Use Date 2001 Specifications: November 1,2002
Revised: January 16,2003
Revised: August !, 2003
Revised Apri!!, 2004
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
Section 167-Water Quality Monitoring
Add the following:
167.1 General Descrip'tion
This Specification establishes the Contractor's responsibility to meet the requirements of the National Pollutant Discharge
Elimination System (NPDES) Infrastructure Permit No. GAR 100002 as it pertains to Part IV. Erosion, Sedimentation and
Pollution Control Plan.
167.1.01 Definitions
Qualified Personnel- Qualified personnel are defmed as persons who have successfully completed the Department's WECS
Certification Course arid maintain a current WECS certification card.
167.1.02 Related References
A. Standard Specifications
Section l61-Control of Soil Erosion and Sedimentation
B. Referenced Documents
NPDES Infrastructure Permit No. GAR 100002, Part IV
WECS Certification Course
Environmental Protection Division~ Rules and Regulations (Chapter 391-3-26)
OCGA 12-7
167.1.03 Submittals
General Provisions 101 through 150
167.2 Materials
General Provisions 101 thTough 150.
167.2.01 Delivery, Storage, and Handling
General Provisions 101 through 150.
167.3 Construction Requirements
167.3.01 Personnel
Use qualified personnelto perform all monitoring, sampling, inspections, and rainfall data collection.
Usethe Contractor designated WECS or select a prequalified consultant from the Qualified Consultant List CQCL) to perfonn
water quality monitoring.
Ensure that monitoring consultants' employees who perform monitoring, sampling, inspections, and rainfall data collection
are WECS Certified.
167.3.02 Equipment
Provide equipment necessary to complete the Work or as directed.
167~3.03 Preparation
General Provisions 101 through 150.
167.3.04 Fabrication
-- -::.::- .:'-':---'--~'_' .",.:.~;;,==~,- _.,=:'~.:_ ~.-o: --..;..~.,.,._-~.~.,.-
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Section 167 -- Water Quality Monitoring
Page 2 of 4
General' Provisions 101 through 150.
167.3.05 Construction
A. General
Perform inspections, rainfall data collection, teiting of samples, and reporting the test results on the project according to
. the requirements in Part IV of the NPDES Infrastructure permit and this Specification.
Take samples manually or with the use of automatic samplers, according to the permit. Analyze all according to the
permit, regardless of the method used to collect the samples. .
_ If samples are analyzed in the field using portable turbidemeters, the monitoring results shall state that they are being
used and a digital readout ofNTUs is what is provided, .
Subrllit bench sheets, work sheets, etc., when using portable turbidemeters. There are no exceptions to this requirement.
Perform required inspections and submit all reports required by this Specification within the time frames specified.
Fail1;1re to perform the inspections or submit the required reports within the time specified will result in the cessation of
all construction activities with the exception of traffic control and erosion control. Continued failure to perform
mspections or submit the required ~eports within the times specified will result in non-refundable deductions as specified
in Subsection 161.5.01.B.
B. Inspections
Have the Engineer inspect the installation and condition of each erosion control device required by the erosion control
plan within seven days after initial installation, Have this inspection performed for. each stage of construction when new
devices are installed. Correct all deficiencies reported by the Engineer within two business days.
Ensure inspections are conducted by the WECS or qualified personnel on the areas and at the frequencies listed below.
Document all inspections on form DOT - EC-I.
-1. Daily: ---~-- ~ ~--~~
a. Petroleum product storage, usage and handling areas
b. All locations where vehicles enter/exit the site
2, Weekly and after Rainfall Events:
Conduct inspections on these areas every seven calendar days and within_twenty-f~ll.r hours after the end of a
rainfall event that is 0.5 in (13 mm) or greater; '-- .
a. Disturbed areas not permanently stabilized
b. Material storage areas
c. Structural control measures, Best Management Practices (BMPs)
d.Water quality monitoring locations and equipment
3. Monthly:
Once per month, inspect all areas where fmal stabilization has been completed. Look for evidence of sediments or
pollutants entering the drainage system and or receiving waters, Inspect all erosion control devices that re~in in
place to verify the maintenance status and that the devices are functioning properly.
Continue these inspections until the Notice of Tennination is submitted.
C. Reports:
1. Inspection Reports:
Summarize the results of inspections noted above in writing on form DOT - EC-I. Include the following
information:
. Date(s) of inspection
. Name of personnel making inspection
. Status of devices
. Observations
. Action taken
. Signature of personnel making the inspection
. Any incidents of non-compliance
The EC-I form shall be signed by the project WECS.
Submit all inspection reports to the Engineer within tweI?-ty-four hours of the inspection,
The Engineer will review the reports, inspect the project for compliance, and issue concurrence with the submitted
W ~D-2.
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Section 167 -- Water Quality Monitoring
Page 3 of 4
reports provided the inspection reports are satisfactory.
The Engineer will notify the WECS or qualified personnel of any additional items to be added to the inspection
~~ '
Correct any items listed in the inspection report that require routine maintenance or correction within twenty-four
hours of notification, '
Assume responsibility for all costs associated with additional sampling as specified in Part N.D.5.d.3.(c) and Part
IV.D.5.d.3.(d), of the NPDES GAR 100002 permit if either of these conditions arise:
· BMPs shown in the Plans are not properly installed and maintained, or
. ._._~-- ~- ._-~-
· BMPs designed by the Contractor are not properly designed, Installed and maintained.
2. Monitoring Reports
a. Report Requirements
,Include in all reports, the following certification statement, signed by the WECS or consultant providing
monitoring on the project: .
"I certify under penalty of law that this document and all attachments. were prepared under my direct
supervision in accordance with a system designed to assure that qualified personnel properly gather and
evaluate the information submitted, Based on my inquiry of the person or persons who manage the system,
or those persons directly responsible for gathering the information, the information is, to the best of my
knowledge and belief, true, accurate and complete, I am aware that there are significant penalties for
submitting false information, including the possibility offine and imprisonmentfor knowing violations, "
When a rainfall event requires a sample to be taken, submit a report of the monitoring results to the Engineer
within seven working days of the date the sample was obtained. Include the following information:
1) DateOfsampling -~~- -- p- - ---~~-
2) Rainfall amount on sample date (sample date only)
3) NTU of sample & analysis method
4) Location where sample was taken (station number, etc.)
5) Receiving water or outfall sample
6) Project number and county
7) Whether the sample was taken by automatic sampler or manually (grab sample)
b. Report Requirements with No Qualifying Rainfall Events
When no qualifying rainfall event occurs during item 1 or 2 (whichever comes first): Submit a report that states
"No qualifying rainfall event occurred and no samples were taken."
1) Clearing and Grubbing is complete and 90 days have passed without a qualifying rainfall event occurring
in the drainage area selected as the representative sampling location.
2) Clearing and Grubbing is complete and the mass grading has been completed without a qualifying rainfall
event occurring in the drainage area selected as the representative s.ampling location. '
Submit this summary to the Engineer within 7 working days after the mass grading is complete or within
97 days of the completion of clearing and grubbing (whichever applies).
c. Test Results
Provide monitoring test results to the Engineer within 48 hours of the samples being analyzed. This notification
may be verbal or written. This notification does' not replace the monitoring summary. '
3. Rainfall Data Reports
Record the measurement of rairifall once each twenty-four hour period. Measure rainfall data at the active phase of
construction on the site.
Project rain gauges and those used to trigger the automatic samplers are to be emptied after every rainfall event. This
will prevent a cumulative effect and prevent automatic samplers from taking samples even though the rainfall event
was not a qualifying event.
Submit a written weekly report, signed by the WECS, to the Engineer showing'the rainfall data for each day. The
daily rainfall data supplied by the WECS to the Engineer will be the official rainfall data for the project.
167.3.06 Quality Acceptance
General Provisions 101 through 150.
167.3.07 Contractor Warranty and Maintenance
General Provisions 101 through 150.
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Section 167 -- Water Quality Monitoring
Page 4 of 4
167.4 Measurement
The work required in the Inspection and Report sub-sections will be measured for payment.
When the monitoring location is a receiving water, the upstream and down~tream samples constitute one sample.
When the monitoring location is an outfall, a single outfall sample constitutes one sample.
167.4.01 Limits
General Provisions 101 through 150. Submit the report to the Engineer within 7 working days
16?5 Payment
Payment for Water Quality Monitoring and Sampling will be made as follows:
Water Quality Monitoring and Sampling per each is full compenSation for meeting the requirements of the monitoring
sections of the NPDES permit and this Specification, obtaining samples, analyzing samples, any and all necessary
incidentals, and providing results of turbidity tests to the Engineer, within the time frame required by the NPDES
Infrastructure permit, and this Specification.
This item is based on the rainfall eve1.lts that require sampling as described in Part IV.D,5 of the permit.
The Department will not pay for samples taken and analyzed for rainfall events that are not qualifying events as compared to
the daily rainfall data supplied by the WECS.
Water Quality Inspections per month is full compensation for performing the requirements of the inspection section of the
NPDES permit and this Specification, any and all necessary incidentals, and providing results of inspections to the Engineer,
within the time frame required by the NPDES Infrastructure permit, and this Specification.
Water Quality inspections will be paid for per month,
Payment will be made under:
litem No. 167 ~ater quality inspections
IPer month
Water Quality Monitoring and Sampling will be paid per each. '
Payment will be made under:
litem No. 167 ~ater quality monitoring and sampling
167.5.01 Adjustments
General Provisions 101 through 150.
IPer each
WQ-f
http;//tomcat2.dot.state.ga. us/thesource/pdflspecial provisions/shelflsp 167 .html '
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K(;!(1ping Gfiorgl4 tm tho Move" : """ ' ' ;,. ',', \, .' . '.. . , ' ,
IAll consultants prequalified in
9.02 Rainfall and Runoff Reporting
I~
Company
I Acer Environmental. Inc.
I ATC Group Services d/b/a ATC
Associates. Inc.
I Ayres Associates
Brewer & Dudley, LLC
I CCR Environmental. Inc.
I Clean Water Consultants. Inc.
. I Columbia Engineering
Construction Materials Services. Inc.
I Contour Engineering. LLC
I Corporate Environmental Risk
Management. LLC
I Earth Tech
Engineering Consulting Services. LTD
I Focus Development & Engineering. Inc.
IFountain Surveying
IG. Ben Turnipseed Engineers
Gallet & Associates of Georgia Inc. '
IGaSkins Surveying Company~ Inc.
Address
1885 Lawrenceville-Suwanee
Rd.
Suite 150
1300 Williams Drive
Suite A
225 Peachtree St., N.E.
Suite 1400 South Towers
107 Davis Street
3783 Presidential Parkway
--Suite 123- -,-~---
955 Honeysuckle Trail
30C Business Center Drive
4405 International Blvd
SuiteB-I0l
105 Park 42Drive
Suite A
975 Cobb Place Blvd.
Suite 308
2115 Monroe Drive
Suite 110
1455 Old Alabama Road
Suite 170
1800 Sandy Plains Pkwy
Suite 208
1800 Parkway I>lace
Suite 915
4136 Old Axson Road
2255 Cumberland Parkway, SE
Bldg. 400
1341 Capital Circle
Suite L
1266 Powder Springs Rd.
City, State ZIP
.-
Phone
Lawrenceville, GA 30043 (770) 682-
1861
(770) 427-
9456
(404) 658-
9320
(770) 267-
4703
(770) 458-
Atlanta, GA 30340 -- -~ 7943 -,
(770) 868-
1371
(770) 925-
0357
Locust Grove, GA 30248- (770) 914-
2545 1744
(770) 794-
0266
(678) 999-
0173
Roswell, GA 30076-2129 (770) 990-
1400
(770) 590-
1971
(678) 766-
0911
(912) 384-
0025
(706) 830-
8800
(770) 612-
0609
(770) 424-
7168
(770) 426-
7100
Marietta, GA 30066
Atlanta, GA 30303
Monroe, GA 30655
Winder, GA 30680
Norcross, GA 30093
Kennesaw, GA 30144
Atlanta, GA 30324
Marietta, GA 30066
Marietta, GA 30067
Douglas, GA 31535
Atlanta, GA 30339
Marietta, GA 30067
Marietta, GA 30064
1000 Cobb Place Blvd
IGeoHYdro Engineers Suite 290 Kennesaw, GA 30144
Geotechnical & Environmental Consultants 5021 Mercer University Drive 11 J A' i
Jttp://www.dot.state.ga.us/dot/preconstruction/consultantdesign/byclass/I902.htm W (J( C - '
(478) 757-
10/20/2005
(770) 933-
0280
(404) 255-
2650
(770) 752-
9205
(770) 962-
8000
(678) 566-
3578
(770) 424-
6200
(770) 476-
3555
(229) 382-
0009
(770) 427-
8123
Gainesville, GA 30501 (770) 718- ,
, 0600'
524 West Peachtree Street, NW Atlanta, GA 30308-3512 ~~~~ 876-
5555 Oakbrook Parkway (770) 209-
Suite 460 Norcross, GA 30093 9550
Jttp:llwww.dot.state.ga.Usldot/preconstruction/consultantdesign/byclasslI902.htm W Q C - 2. 10120/2005
I(GEe)
Suite D2
IGOlder Associates. Inc.
Greenhorne & O'Mara. Inc.
IHofstadter and Associates. Inc.
3730 Chamblee Tucker Road
2211 Newmarket Parkway
Suite 104
4571 Arkwright Road
6445 Powers Ferry Road
Suite 100
IJ. ~.Trimble. Inc.
I John A. McGill. P.C.
Jordan. Jones & Goulding. Inc.
IKCI Technologies, Inc.
934 Shields Pond Road
6801 Governors Lake Pkwy.
3235 Satellite Boulevard
Build 400, Suite 104
1720 Peachtree Street, NW
IKiSinger Campo & Associates. Corp. Suite 1048
MACTEC Engineering and Consulting. 3200 Town Point Drive
I Inc. Suite 100
.. 2211 Beaver Ruin Road
-- Moreland AltobellI AssocIates. Inc. - --Suite-190 _ _____
INOVA E. . dE' t I 3640 Kennesaw North Industrial
ngmeenng an nVlronmen a . P kw
In ' ar ~
c. S 't E
--- Ule
5665 New Northside Drive
Suite 400
.-.:IPBS&J. Inc.
IPeoples & Quigley. Inc.
Piedmont Geotechnical Consultants. Inc.
Iprecision Planning. Inc.
6059 Boylston Drive
P.O.Box 1997
400 Pike Blvd.
I Professional Engineering Consultants. Inc.
12600 Deerfield Parkway
Suite 100
95 Chastain Road
Suite 301
I Professional Service Industries, Inc.
QORE Property Sciences
I Rakestraw & Associates. Inc.
11420 Johns Creek Parkway
83 Ty Ty Omega Road
I Rindt McDuff Associates. Inc.
334 Cherokee Street
I Rochester & Associates. Inc.
Rosser Civil Engineering (Division Of
Rosser IntI. Inc.)
I S&ME. Inc.
425 Oak Street, NW
.... "5"'" ~ V..L. -J
Macon, GA 31210-5691 1606
Atlanta, GA 30341 (770) 496-
1893
Marietta, GA 30067 (770) 988-
9555
Macon, GA 31210 (478) 757-
1169
Atlanta, GA 30339-2933 (770) 952-
1022
Thomson, GA 30824 . (706) 453-
1913
Norcross, GA 30071 (678) 333-
0422
Duluth, GA 30096 (678) 990-
6200
Atlanta, GA 30309 (404) 607-
1676
Kennesaw, GA 30144 (770) 421-
3344
~Qfcross, _GA 3Q.o~_ (770) 263-
5945~~--
Kennesaw, GA 30144 (770) 425-
0777
Atlanta, GA 30328
Atlanta, GA 30328
Roswell, GA 30077
Lawrenceville, GA
30046-2210
Alpharetta, GA 30004
Kennesaw, GA 30144
Duluth, GA 30097
Tifton, GA 31793
Marietta, GA 30060