HomeMy WebLinkAboutBLAIR CONSTRUCTION PINNACLE PLACE SUBDIVISION GH
Invitation To Bid
Sealed bids will be received at this office until I 1 :00 am on Friday, December I, 2006:
Bid #06-190 Pinnacle Place Subdivision Erosion & Drainage Improvement for Engineering Department
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
Bidding documents may be examined at the following locations: Office of the Owner; 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
Imaging Technologies. The fees for the plans and specifications which are non-refundable is $50.00
Documents may also be examined during regular business hours at F. W. Dodge Room, 1281 Broad Street, Augusta, GA 3090 I and
Augusta Builders Exchange, 1262 Merry Street, Augusta, GA 30904. It is the wish of the Owner that all businesses are given the
opportunity to submit on this project. To facilitate this policy, the Owner is providing the opportunity to view plans online
(www.itrepro.com) at no charge through Imaging Technologies (706-724-7924) beginning Thursday, October 12,2006. 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, November 3,2006 at 10:00 am in Room 605 ofthe Procurement
Department.. All questions must be submitted in writing to the office ofthe Procurement Department by fax at 706-821-2811
or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. The last day to submit questions is
Tuesday, November 7, 2006 by 4:00 p.m.
The local bidder preference program is applicable to this proj ect. To be approved as a local bidder and receive bid preference
on an eligible local project, the certification statement as a local bidder and all supporting documents must be submitted to the
Procurement Department with your bonafide bid package.
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 ofthe 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 maybe withdrawn for a period of90 days aftertime has been called on the date of opening. A 10% Bid bond is required to
be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% performance bond and a 100%
payment bond will be required for award.
Bidders will please note that the number of copies requested; all supporting documents including financial statements and references
and such other attachments that may be required by the bid are material conditions ofthe 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.
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 ofthe Disadvantage Business Enterprise at 706-821-2406.
GERI A. SAMS, Purchasing Director
Publish:
Augusta Chronicle
Augusta Focus
October 12, 19,26, November 2,2006
October 19,2006
Cc:
Tameka Allen
Abie Ladson
Yvonne Gentry
Interim Deputy Administrator
Engineering Department
DBE
~
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, ext:ept 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 a.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 my member
of an employee's or officials immediate family is negotiating or has an arrangement concerning
prospective employment is involved in the procurement contract.
Any employee or official or any member of an employee's or official immediate family who
holds a substantial interest or fmancial interest in a disclosed blind trust shall not be deemed to
have a conflic~ of interest with regard to matters pertaining to that substantial intereSt or fmanciaI
interest.
I, (vendor) . Mi'~--- ~, NJ.. ~r"", P ,.
information contained in the bid specifications./
have read and understand the .
Vendor Name:
O/-.-r>
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Address:
~o_ t3o>c 7')0
City & state:
&;~'> G#
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Phone#: (?o&>) i5rofb -/7S'O Fax # (~) ~bS ~ /&5'"'::;-
Signature: _{~I(, ~{)r Date
Bid Item Number and Name: $O&i> - (C7o ~':":'l-?c....cI'e Mc.o-ee.-
12-!/oee.
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THIS FROM MUST BE SUBMITTED WITH BID PACKAGE. NO EXCEPTION(S) WILL BE GRANTED
2
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Certification Statement
Local Vendor Preference
I certify that my company meets all of the following qualifications to be eligib I e for the local vendor
preference:
(1) That my company has a fixed office or distribution point located in and having a street address
within Augusta for at least six (6) months immediately prior to the issuance of the request for
competitive bids or request for proposals by Augusta; and
(2) That my company holds any business license required by the Augusta Richmond COWlty Code
for at least 6 months' .
(3) That my company employs at leastone (1) full time employee, or two (2) part time employees
whose primary residence is in Augusta, or if the business has no employees, the business shall be at
least fifty percent (50%) owned by one or more persons whose primary residence is in Augusta.
(4) Attached is a copy of my Augusta Business License.
Company Name: '2?/=-,::.- ~...,}-h-v'c;.~~"7" /' .::::z:;;c.~'
,
Address: ?o- ;Jc:!:>k. 7?o &"vc::c.-...' G# ;J'e::>t8o-'
/ "
\...\. I / ,/
Business License Nmnber '-:oc::> #~ ~lge-f- -16,-;- Q~t'rcc--n"6-r
Phone Number: ~&?/ Eu.f!!5 -;"7:>e:>. . Fax Nmnber: 7c;JG?/.!3~8 -/Bs--r
I . I
Owner'sNa~e:... u,//'d;;...--.? N.~~ '~, =.
Signature: W~(( ~ ._
Sworn to before me this day of , 20
Notary Public for the State of
Notary Public Signature
Printed Name:
My Commission Expires
IL~
VENDOR DO NOT COMPLETE
II
To be completed by Authorized City Representative from Business License & Inspection Department:
Vendor Certified:
Date:
Authorized Signature
This form ldUST be submitted with bid package. NO Exception(s) will be granted
3
SEALED BIDS SELECTION METHOD
A method for submitting a bid to perform work on a proposed contract. ill general, each party interested
submits a bid in a sealed envelope, and all such bids are opened at the same time and the most favorable
responsible bid is accepted. All bid responses will be retained as property of Augusta-Richmond County.
Conditions for use. All contracts of Augusta-Richmond County shall be awarded by competitive sealed
bidding except as otherwise provided elsewhere in this article (see 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 co~unicated 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 illformation).
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 illvitation 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;
(I) Declining to offer bids for the period of time listed in specifications.
(2) Suspension for the following shall not be for less than three (3) months or more than three (3)
years:
(a) Failing to satisfactorily meet terms, agreements, or contracts made with the
Procurement department or the using agency.
(b) Being convicted of criminal offenses in obtaining contracts or convicted of
embezzlement, violation of state or federal anti-trust statutes, or any other crime
which indicates a lack of business integrity or honesty. .
(c) Violating contract provisions or failing to perform without good cause or any other
cause which the Procurement Director deems to be so serious as to affect the
responsibility of a contractor, including disbarment or suspension from a vendor list
by another government entity.
4
PREFERENCE FOR LOCAL SUPPLIERS AND CONTRACTORS
(a) Augusta encourages the use oflocal suppliers of goods, services and construction products whenever
possible. Augusta also vigorously supports the advantages of an open competitive market place. Nothing in
this Section shall be interpreted to mean that the City Administrator or Purchasing Director is restricted in any
way from seeking formal bids or proposals from outside the Augusta market area.
(b) When the quotation or informal bids selection method is used by the Purchasing Director or using
agency head to seek firms to quote on Augusta commodity, service and construction products, local firms
should be contacted, if possible, first. Then if the Purchasing Director or using agency head believes that there
may not be at least three qualified informal bidders, quotes shall be sought from outside the Augusta market
area.
(c) In the event ofa tie of bid (see 1-10-43 (h)), when all other factors are equal, the City Administrator is
encouraged to select the bid from within the local market area. The City Administrator shall retain the
flexibility to make the award of contract to a bidder outside of the local market area if evidence supports
collusive bidding in favor of a local source.
(d) The local vendor preference policy shall be applied when the lowest local bidder is within 5% or
$10,000, whichever is less, of the lowest non-local bidder. The lowest local bidder will be allowed to match
the bid of the lowest non-local bidder; if matched, the lowest local bidder will be awarded the contract.
For purposes of this section, "local bidder" shall mean a business which:
I) Has had a fixed office or distribution point located in and having a street address within Augusta
for at least six (6) months immediately prior to the issuance of the request for competitive bids or
request for proposals by Augusta; and
2) Holds any business license required by the Augusta-Richmond County Code and
3) Employs at least one (1) full time employee, or two (2) part time employees whose primary
residence is in Augusta, or if the business has no employees, the husiness shall be at least fifty percent
(50%) owned by one or more persons whose primary residence is in Augusta.
BACKGROUND INFORMATION ON VENDORS.
The Department Head and/or the Administrator is directed to provide the bid amount as submitted, information
concerning the vendor's previous performance, the service and quality of the products offered, the availability
of the goods and services when needed, adherence to delivery schedules, and other criteria pertinent to that
particular item, on vendors who have submitted bids, proposals, or contracts for the Commission's
consideration. The information is to be included in the backup documents for the Commission's consideration
in awarding the contract.
INSPECTION OF PURCHASES.
The Procurement agent in conjunction with the using agency or department head shall inspect, or supervise the
inspection of, all deliveries of materials, supplies or contractual services to determine their conformance with
the specifications set forth in the pertinent purchase order or contract. The Procurement agent may require
chemical and physical tests of samples submitted with bids and samples of deliveries, which examinations are
necessary to determine quality of the samples and conformance with specifications.
Letting the contract. The contract shall be awarded or let in accordance with procedures set forth herein.
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,
5
(4) The quality of performance on previous contracts,
(5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or
servIces,
(6) The sufficiency of the financial resources of the bidder relating to his ability to perform the contract,
(7) The quality, availability, and adaptability of the supplies or services to the particular use required,
(8) The number and scope of conditions attached to the bid by the bidder, and
(9) Service availability may be considered in determining the most responsible bid, and the bidders shall be
required to submit information concerning their ability to service and maintain the product of the equipment.
Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete
statement of the reasons for placing the purchase order or other contract elsewhere shall be prepared and signed
by the Procurement Director and/or Administrator and made part of the record file for audit proposes.
It is the wish of the Owner that minority businesses are given the opportunity to BID on the various parts of the
work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase
the cost of the work. The Owner supports a healthy free market system that seeks to include responsible
businesses and provide ample opportunity for business growth and development.
6
The Disadvantaged Business Enterprise Language for Bids has been included.
Please note that the DBE forms are required to be completed and included as part
of your bid.
7
Disadvantaged Business Enterprise Language for Bids
Policy and Evaluation
It is an official policy of the Augusta-Richmond County Commission, other Augusta-Richmond officials, and
employees, that all necessary and reasonable steps shall be taken to ensure that disadvantaged business
enterprises including small business enterprises have the maximum opportunity to compete for and participate
in all contracts and subcontracts. Further, the Augusta-Richmond County Commission has the option to
establish incentives to promote business opportunities covered by Augusta-Richmond County Codes 1-10-61.
To implement this policy, Augusta-Richmond County encourages minority participation through
subcontracting, joint ventures, or other methods in contracting for services. In order to expedite the evaluation
process, we have attached the Checklist for Good Faith Efforts, Proposed Disadvantaged Business Enterprise
Participation, and Letter of Intent to Perform forms. The bidder should complete the Proposed DBE
Participation Form, indicating the percentage of participation for this proposal. The completed form must
accompany the proposal. Augusta-Richmond County's office of Disadvantaged Business Enterprise (DBE) is
available at (706) 826-1325 as a resource in identifying local Disadvantaged Business Enterprises (M/WBEs
and SBEs).
Section 1- Definition
Minority Person - A United States citizen or permanent resident alien (as defined by the In1migration and
Naturalization Service) of the United States, who is Asian, Black, Hispanic, Native American, or female, also
one who is economically and socially disadvantaged.
Disadvantaged Business Enterprise - (M/WBE and SBE) - A business which is owned or controlled by
minority persons who have been deprived of the opportunity to develop. Or maintain a competitive position in
the economy because of social and economic disadvantages. The ownership interest must be real and
continuous and not created solely to meet the minority business or minority contractor provisions of this Policy.
More specifically, disadvantaged business refers to any small business concern which:
(I) Is at least fifty-one (51 %) owned by one or more minority citizens of the United States who
are determined to be socially and economically disadvantaged.
(2) Is a corporation, with fifty-one percent (51 %) of all classes of voting stock of such corporation
must be owned by an individual determined to be socially and economically disadvantaged.
(3) Is a partnership, with fifty-one percent (51 %) ofthe partnership interest is owned by an
individual or individuals who are socially and economically disadvantaged and whose
management and daily business operations are controlled by individuals determined to be
socially and economically disadvantaged. Such individuals must be involved in the daily
management and operation of the business concerned.
Women Business Enterprise (WBE) - A business which is owned and controlled by one or more females
and who have been deprived of the opportunity to develop and maintain a competitive position in the economy
because of social and economic disadvantages.
Small Business Enterprise (SBE) - A local small business which has its principal office and place of doing
business in Augusta-Richmond County which is not dominant in its field of operation and is regarded as small
in size as measured by its annual gross receipts being less than $500,000.
8
Section 11- DBE Utilization
A. Obligation:
Bidders are required to make all efforts that are reasonable to ensure that M/WBEs and SBEs have full and fair
opportunities to compete for performance by complying with the requirements of this clause. Included in these
requirements is the achievement of the mandatory utilization of Disadvantaged Business Enterprises (DBEs) in
the performance of work under this Contract, and/or substantiation that there is a good faith effort to ensure
that DBEs have the maximum opportunity to participate in the performance of work under this Contract.
Contractors shall not discriminate on the basis of race, ethnicity, national origin or gender in the award and
performance of the work under this contract.
Good Faith Effort Documentation - Techniques used by a bidder/proposer to seek M/WBEs and SBEs
participation as subcontractor or supplier required to fulfill the bid/proposal requirements. Such good faith
efforts of a bidder/proposer include, but are not necessarily limited to, the following actions:
a) Describing efforts to target identified divisions of work identified in the bid specifications
b) Attending the pre-bid meetings
c) Sending or faxing letters to all M/WBEs and SBEs at the prequalification meeting, as well as those on the
list provided by staff not less than seven days prior to the Qualification Statement deadline.
d) Providing a telephone log of follow-up phone calls made to M/WBEs and SBEs concerning the project,
including dates and times of calls, names of individuals placing and receiving calls and results of the calls.
e) Providing a written statement indicating good faith negotiations with any competitive M/WBEs
and SBEs bids and specifically identifying the M/WBEs and SBEs.
f) Including a complete list of all M/WBEs and SBEs bids received, noting names, addresses and bid
amounts.
g) Providing all reasons for rejected bids.
h) Stating whether any bonding requirement was waived and, if not, why.
i) Utilizing the service ofthe Disadvantaged Business Enterprise office in identifying qualified M/WBEs and
SBEs.
In completing the Proposed DBE Participation form, please remember that proposed goals are not limited to
first, second and third tier subcontracting. Successful contractors have creatively applied viable methods such
as mentor/protege relationships and supply purchases to meet M/WBEs and SBEs participation goals. The
contractor is responsible for ensuring that M/WBEs and SBEs perform commercially useful work at the level
of the contract commitment.
Reporting Requirement
In cases where the successful bidder uses a minority subcontractor or vendor, the bidder shall indicate the
percentage of the invoiced amount that such minority subcontractor or vendor performed. The bidder shall
submit this form directly to the Disadvantaged Business Enterprise Office.
Bidders may contact the Disadvantaged Business Enterprise Office at (706) 826-1325 for questions or
clarifications on the reporting policy.
B. Compliance
All bidders or subcontractors participating in this contract are hereby notified that failure to fully comply with
the Augusta-Richmond County's DBE policy, as set forth herein, shall constitute a breach of contract which
may result in termination of the contract or such other remedy as deemed appropriate by the Owner.
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 invitation are material
conditions of the bid. Any package found incomplete or submitted late shall be rejected by the Procurement
Office. Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an
incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta
Commission.
9
All forms as requested by the DBE Office must be completed and returned as part of your submittal.
A). 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 Purchasing 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 (public Access to
Procurement Information).
B). Bid acceptance and bid evaluation. Provided that the bids are delivered to the Purchasing 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 particular purpose.
Contract Award
Augusta-Richmond County proposes to award the contract to the most responsive, responsible bidder
submitting a reasonable bid provided the bidder has met the goals ofDBE participation. Bidders are advised
that the Augusta-Richmond County has sole discretion and authority to determine if any bidder has made a
"Good Faith Effort." Augusta-Richmond County reserves the right to reject any or all bids submitted.
Augusta-Richmond County will have absolute discretion to reject any bid or to exclude a prospective bidder
from submitting a bid that has been non-responsive to the DBE program requirements without satisfactory
justification being accepted by the Director of the Disadvantaged Business Enterprise Program.
Revised: 6/1 0/05
Approved: 8/2/05
10
ATTACHMENT A
(Proposed DBE Participation Form)
Augusta-Richmond County is aware that some projects will not have sub-contracting opportunities and will be
100% self-performing. If this applies to your Company, you must indicate on the bottom of Attachment A
& B that you are "100% self-performing", sign your name, and retnrn the forms with your bid
package.
If there is sub-contractor/supplier participation, complete "Attachment A" indicating each DBE sub-
contactor/supplier you will use for this contract. Each sub-contractor/supplier must be registered with
Augusta-Richmond County. The form must be siened and returned with your bid oackaee. If you have
any questions, please contactthe Disadvantaged Business Enterprise Department at 706-821-2406
11
DEC-08-2006 15:50
ARC PURCHASING
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PROPOSED OBE pjlPATION
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PlUME CONTRACTO~ ~,/-rvr:,kc"7 / :::z:;;;c..
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P.01/02
ATIACIIMENT A
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DIm FIRM P~NCIPAl ADDRESSIPBONE TYPE OF WORK DoIl4, Valae
OF ICtAL NO. o/Work
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Total Price; S
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Total DRE value $ 11/4
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Date:
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Signed By:
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Title:
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Revised 1/24/06
12
ATTACHMENT B
(Letter of Intent to Perform)
Augusta-Richmond County is aware that some projects will not have sub-contracting opportunities
and will be 100% self-performing. If this applies to your Company, you must indicate on the bottom
of Attachment B that you are "100% self-performing", sign your name, and return the forms with
your bid package.
Ifthere is sub-contractor/supplier participation, you must complete an individual "Attachment B" for
each DBE sub-contactor/supplier you will use for this contract. Each sub-contractor/supplier must be
registered with Augusta-Richmond County. The forms must be signed by the sub-contractor(s) and
returned with your bid oackaee. If you have any questions, please contact the Disadvantaged
Business Enterprise Department at 706-821-2406.
Revised 1/24/06
13
DEC-08-2006 15:50
ARC PURCHASING
P.02/02
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"ROJEeT ~~....~e
A 'l'T ACHMENT B
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,PI-=-~e -Or-'""",-/e
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ONTRA:
UP?LlE
TO: r;6/.a.v' ~_"h....~-I-,-~...".. (' z;,.c,
(NAME OFI PROPOSER) ,
A. The undersi ed intends to perform work in connection with the above project in
the foUowi g capacity (check one):
An individual A corporation
A partnerShip A joint venture
B, The DBE8~ of the undersigned is confirmed as follows:
By attachment of a current Certificate of Certification issued by the
Departm~ of Transportation
By attachment of a current Certification issued by the Disadvantaged
Business E terprise Office
C. The und 'gned is prepared to perform the following work in connection with the
above proj ;<II/!-
'gned staleS that they will be performing'
% of the total
% of this subcontract to non-
The undersigned In enter into a formal agxeement for the above described work with the Proposer
cited above conditioned upon the execution of a conb'act for the project cited herein between the
Pro..~~ "nd Au~sta-Riclunond County. (/2
?~>1"=0~ By: . 1rr-
Signature of Auth 'zed Representative (DBE ContraCtor Finn Name)
o Contractor wi 1 perfonn 100% of this contract Signed By:
.. _.":A_..I 1 I'M 1111:.
.".....'-'".......w .,..... ..-....
14
TOTAL P. 02
ATTACHMENT C
(Contractor's StatementofDBE 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 ac1l.!al DBE sub-
contractors/suppliers, types of work performed, actual dollar value ofworklservices and suppliers. To avoid
delay of payments this form must accompany all pay requests.
15
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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
DBEsand local small business enterprises have the maximum opportunity to compete for and participate in all
contracts/ sub-contracts.
Revised 1/24/06
17
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 pre-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 ofthe 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 ofthe 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 availabilityofDBE 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
18
9JbWt &m6tJatctitm, 9 Ire"
Post Office Box 770
Evans, Georgia 30809
PHONE (706) 868-1950 FAX (706) 868-1855
BIDDERS QUALIFICATION STATEMENT
with Proposed Subcontractors/Suppliers
In the early 1950's Blair L. Mutimer began the Augusta located company Blair Construction, In 1973 the business was incorporated in
the Sate of Georgia as Blair Construction, Inc,
Blair Construction, Inc, has at some time performed grading, paving and underground utility construction for most every municipality
within 40 to 50 mile radius of the City of Augusta. The majority of the work we perform is either for the City of Augusta or Columbia
County, We have an outstanding and 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
of ollr 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,
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.
No Subcontractors will be needed for this project. It will be 100% selfperfonned by Blair Construction, Inc,
Below are qualified Suppliers we propose to utilize for this project.
.
HD Supply (Local Supplier)
Hanson Pipe & Precast
Rinker Materials
Augusta Ready Mix (Local Supplier)
Reeves Construction
for all storm and water piping
for precast structures
for Rip-Rap & GABC
for Concrete
for Asphalt, Prime & Tack
.
.
Listed on the following page are recent projects of similar size and/or nature to which Blair Construction, Inc, has successfully
completed,
I, 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: $5] 4,684.84
5, 36" High Service Water Line
Columbia County, GA
Contract Amount: $3] 8,206.84
6, Highway 25 Wastewater Collection Improvements
City of Augusta, GA
Contract Amount: $1,096,770.33
7, Kissingbower Road Area Water and Sewer Improvements
City of Augusta, GA
Contract Amount: $1,633,317.92
8. 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: $764,322,37
We appreciate the opportunity to submit our bid on this project and are sure our experience and qualifications will be acceptable, If
any other information is needed, please feel free to contact us.
:Z;Z:(t~
William R. Mutimer, Jr., Vice President
Date: Ii/or.-
. J
BID BOND
Conforms with The American Institute of
Architects, A.I.A. Document No. A-310
KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc. , P. O. Box 770. Evans, Georgia 30908
as Principal, hereinafter called the Principal,
and the Western Surety Company
of .CNA Plaza, Chicago, III 60685
, a corporation duly organized under
the laws of the State of
South Dakota
, as Surety, hereinafter called the Surety, are held and firmly bound unto
Augusta-Richmond County Commission, 530 Greene St., Room 605, Augusta,
Georgia 30911
as Obligee, hereinafter called the Obligee,
in the sum of 10% of bid - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ '_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Dollars ($ 10% of bid ) , for the payment of which swn well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Pinnacle Place Subdivision Drainage Improvements
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee
in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment oflabor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
Signed and sealed this
1 st
day of
Witness
1
if
t.
December
Blair Construction, Inc.
POBox 770, Evans, Georgia 30809
< ~
U~(G \
V."c.e- ~s'-rJe....+- .
2006
,--"
~~s~~
(Seal)
Principal
Title
Witness
Western Surety Company
By :25 t.'-.t..K /'..1' ~ "" .
Buck Leigh Attomey-in-Fact
. ~O~U-IL
S-0054/G E E F 12/00
FRP
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 17th day of October, 2006.
~~~;n~...,
f~+/"~:'{r1.\
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.......'1:Ir..n'~;;.o )'
~r:,
WESTERN SURETY COMPANY
/2/if/fr .
Paul . Bruflat, Semor VIce PreSIdent
State of South Dakota
County of Minnehaha
} ss
On this 17th day of October, 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
acknow ledges same to be the act and deed of said corporation,
My commission expires
November 30, 2012
+~~~~~~~~~~~~~~~~~~~~~~~~+
: D. KRELL $
I I
1~NOTARY PUBLIC~$
J~)SO\J;H DAKOTA~I
1'1
+................................."t..........................'" +
~
~!~~bl"
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 1st day of ~r , 2an
WESTERN SURETY COMPANY
Form F4280-09-06
C5
~ n-n/,
L. Nelson, AssIstant Secretary
'~~~.,..
PINNACLE PLACE SUBDIVISION
EROSION & DRAINAGE IMPROVEMENTS
PROJECT NUMBER: 322-04-203822642
List of Proiect Documents
Section
Pal!es
Instruction to Bidders
IB-I thru IB-3
Georgia Prompt Pay Act
PP A - I
Minority and Economically
Disadvantaged Business Support
ME-I
Special Conditions
SP-I
Agreement
A-IthruA-4
General Conditions
3 thru 33
Supplementary Conditions
SC - I thru SC ~ 2
Proposal
P-IthruP-4
Lump Sum Construction
P-5-A
General Notes
G-I thruG-15
Traffic Control
TC - I thru TC - 23
Water Quality Monitoring
WQ-I thru WQ-4
*Water Quality Consultants
WQC- I thru WQC-2
*Consultants Pre-Qualified by GDOT
.-;...-'"
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 sp~cifications which, if issued, will be sent to the Augusta-Richmond Count"j 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.
IB - 1
IB-04. PREPARATION OF BIDS:
Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made on bid forms should be initialed by the person
signing the bid.
Bidders must quote on all items appearing on the bid forms, unless specific directions in the
advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to
quote on all items may disqualify the bid. When quotations on all items are not required, bidders
shall insert the words "no bid" where appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed
if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be
submitted as such, and shall not reveal the total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of
corporations will be signed by an officer of the firm and his signature attested by the secretary
thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-05. BASIS OF AWARD:
The bids will be compared on the basis of unit prices, as extended, which will include and cover
the furnishing of all material and the performance of all labor requisite or proper, arid 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 ofthe 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.
IB - 2
IB-07. PERFORMANCE BOND:
At the time of entering into the contract, the Contractor shall give bond to the owner for the use
of the owner and all persons doing work or furnishing skill, tools, machinery or materials under
or for the purpose of such contract, conditional for the payment as they become due, of all just
claims for such work, tools, machinery, skill and terms, for saving the owner harmless from all
cost and charges that may accrue on account of the owner performing the work specified, and for
compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract
satisfactory to the owner and authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof, a certified and effectively
dated copy of the power of attorney.
IB-08. REJECTION OF BIDS:
These proposals are asked for in good faith, and awards will be made as soon as practicable,
provided satisfactory bids are received. The right is reserved, however to waive any
informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest
submitted if such action is deemed to be in the best interest ofthe Owner.
1B - 3
".___or...
GEORGIA PROMPT PAY ACT
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, a.c.G.A. Section 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this
Agreement shall control.
All claims, disputes and other matters in question between the Owner and the Contractor arising
out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court
of Richmond Count, Georgia. The Contractor, by executing this Agreement; specifically
consents to venue in Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
Notwithstanding any provision 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
~>1.-.
MINORITY AND ECONOMICALLY
DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond CQ:unty-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 considered a minority or economically
disadvantaged firm. If the firm does not fall into this category, no information is necessary.
ME-l
Pinnacle Place Subdivision Erosion & Drainage Improvements
Project Number: 322-04-203822642
SPECIAL CONDITIONS
The project includes storm drainage and swale/channel improvements in the Pinnacle Place
Subdivision area to help alleviate severe erosion and drainage problems, the contractor shall
perform all work in accordance with the construction plans and specifications. The contractor
shall supply all material, equipment, labor, supplies, and supervision necessary to properly
complete this project as specified.
TERMINI AND LENGTH:
(See Plans)
TRAFFIC ACCESS THROUGH CREEKVIEW DRIVE. DUNSON DRIVE. AND
PINNACLE WAY:
Property access shall be provided to residents along Creekview Drive, Dunston Drive, and
Pinnacle Way during the duration of the project.
LUMP SUM CONSTRUCTION:
Items Number 230 - 1000 Lump Sum Construction shall include bur not be limited to
construction layout, erosion control, clearing and grubbing, reconnection or existing water
service lines to new water main, demolition, obtaining maintaining and restoration of any waste
or borrow pits and any work without a 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.
DRIVEWAYS:
All driveways shall be in conformance with GDOT standards.
TYPICAL SECTIONS:
Refer to signed Final Construction Plans.
SP1- 1
SECTION A
AGREEMENT
THIS AGREEMENT, made on the ~ day of ~ ~ ,2001 by and between the
City of AU2:usta
party of the first part, hereinafter called the OWNER, and
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter names,
agree as follows:
ARTICLE I - SCOPE OF THE WORK:
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor
necessary, and to perform all of the work shown on the plans and described in the specifications
for the project entitled:
Pinnacle Place Subdivision Erosion & Drainage Improvements
Project Number: 322-04-203822642
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 - LIQillDATED 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 120 calendar days with such extensions of time as are provided for in the
General Conditions.
It is hereby understood and mutually agreed, by and between the contractor and the Owner, that
the date of beginning, rate of progress and the time for completion of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work
shall be executed regularly, diligently, and uninterruptedly at such rate of progress as will insure
full completion thereof within the time specified. It is expressly understood and agreed by and
between the Contractor and the Owner, that the time for completion of the work described herein
is a reasonable time for completion of the same, taking into consideration the average climatic
range and construction conditions prevailing in this locality.
A-I
ONCE MOBILIZED, THE CONTRACTOR SHALL NOT STOP MAJOR
CONSTRUCTION ACTMTIES FOR MORE THAN 14 DAYS, UNLESS APPROVED
BY THE AUGUSTA-RICHMOND COUNTY ENGINEERING DEPARTMENT. IN THE
EVENT THAT UNAPPROVED MAJOR CONSTRUCTION ACTIVITIES ARE CEASED
FOR MORE THAN 14 DAYS, A TOTAL OF ONE THOUSAND DOLLARS ($1.000)
SHALL BE PAID TO THE OWNER FOR EACH AND EVERY CALENDAR DAY THE
CONTRACTOR DOES NOT COMMENCE MAJOR CONSTRUCTION ACTIVITIES.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE
WORK WITHIN THE TIME HEREIN SPECIFIED, then the contractor does hereby agree,
as a part of the consideration for the awarding of this contract, to pay the Owner the sum of One
Thousand Dollars $1.000 not as a penalty, but as liquidated damages for such breach of contract
as hereinafter set forth, for each and every calendar day that the contractor shall be in default
after the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner because
of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the
Owner would, in such event, sustain, and said amounts shall be retained from time to time by the
Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and the
specifications wherein a definite portion and certain length of time is fixed for the additional
time is allowed for the completion of a work, the new time limit fixed by extension shall be the
essence of this contract.
ARTICLE III - PAYMENT:
(a) The Contract Sum
The owner shall pay to the Contractor for the performance of the contract the amount as
stated in the Proposal and Schedule of Items. No variations shall be made in the amount
except as set forth in the specifications attached hereto.
(b) Progress Payment
No later than the fifth day of every month, the Contractor shall submit to the Owner's
Engineer, an estimate covering the percentage of the total amount of the contract which has
been completed from the start of the job up to and including the last working day of the
proceeding month, together with such supporting evidence as may be required by the Owner
and/or the Engineer. This estimate shall include only the quantities in place and at the unit
prices as set forth in the Bid Schedule.
On the vendor run, following approval of the invoice for payment, the owner shall after
deducting previous payments made, pay to the Contractor 90% of the amount of the estimate
on units accepted in place. The 10% retained percentage may be held by the Owner until the
final completion and acceptance of all work under the Contract.
A - 2
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 fmal certificate.
(b) Before final payment is due, the Contractor shall submit evidence satisfactory to
the Engineer that all payrolls, material bills, and other indebtedness connected
with work have been paid, except that in case of disputed indebtedness of liens of
evidence of payment of all such disputed amounts when adjudicated in cases
where such payment has not already been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver of all
claims by the Owner, other than those arising from unsettled liens, from faulty
work appearing within 12 months' after final payment, from requirements of the
specifications, or from manufacturer's guarantees. It shall also. constitute a
waiver of all claims by the contractor except those previously made and still
unsettled.
(d) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer, so
certifies, the Owner shall upon certification of the Engineer, and without
terminating the contract, make payment of the balance due for that portion of the
work fully completed and accepted.
( e) Notwithstanding any provision of the General Conditions, there shall be no
substitution of materials or change in means, methods, techniques, sequences or
procedures of construction that are not determined to be equivalent to those
indicated or required in the Contract Document, without an Amendment to the
Contract.
Each payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
A- 3
-:.--~ ,
IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first mentioned
above.
AUGUSTA, GEORGIA
COMMISSION-COUNCIL
(Owner)
< . ~..
By:
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CONTRACTOR: ~"-/',.- ~{.,t=,......c-.,4o...,. ~c--
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By:W~tt~~
Title:
\.ICe r--p~1/~9-?+-
SEAL
Address:
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Attest
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Secretary
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Witness
A-4
Bond No. 929410836
PERFORMANCE BOND
Conforms with The American Institute of Architects
A.I.A. document No. A-311
.
KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and, Western Surety Company, CNA Plaza. ChicaQo. Illinois 60685
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St.,
Room 605, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of Six Hundred Forty One Thousand One Hundred Eleven and 12/100 - -
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -. Dollars ($ 641,111,12 ,),
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 Pinnacle Place Subdivision Erosion & Drainage Improvements - City of Augusta, GA
Project Number: 322-04-203822642 (Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
S-1219/GEEF 10/99 Page 1 of 2
CIS by GA resident agent R~ to - ~ ~ ~
PERFORMANCE BOND
929410836
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
The Surety hereby waives notice of any alteration or
extension of time made by the Owner.
Whenever Contractor shall be, and declared by Owner to be
in default under the Contract, the Owner having performed
Owner's obligations thereunder, the Surety may promptly remedy
the default, or shall promptly
I) Complete the Contract in accordance with its terms and
conditions, or
2) Obtain a bid or bids for completing the Contract in accordance
with its terms and conditions, and upon determination by Surety of
the lowest responsible bidder, or, if the Owner elects, upon
determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and
Owner, and make available as Work progresses (even though there
should be a default or a succession of defaults under the
Signed and sealed this
2-~ -et-
day of
..
~~ ~ . ~--d-
(Witness)
~"(jCRO
(Witness)
S-1219/GEEF 10/99
contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth
in the first paragraph hereof. The term "balance of the contract
price," as used in this paragraph, shall mean the total amount
payable by Owner to Contractor under the Contract and any
amendments thereto, less the amount properly paid by Owner to
Contractor.
Any suit under this bond must be instituted before the
expiration of two (2) years from the date on which final payment
under the Contract falls due.
No right of action shall accrue on this bond to or for the use of
any person or corporation other than the Owner named herein or the
heirs, executors, administrators or successors of the Owner.
/?'1'-- ".c--h
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Blair Construction, Inc., PO Box 770, Evans,
Georgia 30809
(Seal)
(Principal)
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\/rGe. --:V.-I,de.,-+-
(Title)
Western Surety Company, CNA Plaza, Chicago,
Illinois 60685
(Seal)
(Surety)
(
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Buck Leigh, Attorney-' act
(Title)
Page 2 of 2
LABOR AND MATERIAL PAYMENT BOND
Bond No. 929410836
Conforms with The American Institute of Architects
A.I.A. Document No. A-311
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL BY THESE PRESENTS: that Blair Construction, Inc., PO Box 770, Evans, Georgia 30809
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and, Western Surety Company, CNA Plaza. Chicaqo. Illinois 60685
(Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission, 530 Greene St.,
Room 605, Augusta, GA 30911 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of Six Hundred Forty
One Thousand One Hundred Eleven and 12/100 - - - - - - -- -- -- - - -- -- -- - -- - -- Dollars ($ 641,111.12 ,).
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 Pinnacle Place Subdivison Erosion & Drainage Improvements - City of Augusta, GA
Project number: 322-04-203822642 (Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
S-1220/GEEF 10/99
Page 1 of 2
LABOR AND MATERIAL PAYMENT BOND
929410836
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall
remain in full force and effect, subject, however, to the following conditions:
I, A claimant is defined as one having a direct contract with the'
Principal or with a Subcontractor of the Principal for labor, material, or
both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein defined, who
has not been paid in full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's work or labor was
done or performed, or materials were furnished by such claimant, may sue
on this bond for the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due claimant, and have
execution thereon, The Owner shall not be liable for the payment of any
costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the
Principal, the Owner, or the Surety above named, within ninety (90) days
after such claimant did or performed the last of the work or labor, or
furnished the last of the materials for which said claim is made, stating
with substantial accuracy the amount claimed and the name of the party to
whom the materials
Signed and sealed this
,Z,&; ti.
day of
/Y1'__I"v'-7
?~ S-.----.:=O~
c--
(Witness)
'm~o~
(Witness)
S-1220/GEEF 10/99
Page 2 of 2
were furnished, or for whom the work or labor was done or performed,
Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for
the 'transaction of business, or served in any manner in which legal process
may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
b) After the expiration of one (I) year following the date on which Principal
ceased Work on said Contract, it being understood, however, that if any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof such limitation shall be deemed to be amended so as to
be equal to the minimum period ofIimitation permitted by such law,
c) Other than in a state court of competent jurisdiction in and for the county
or other political subdivision of the state in which the Project, or any part
thereof, is situated, or in the United States District Court for the district in
which the Project, or any part thereof, is situated, and not elsewhere.
4, The amount of this bond shall be reduced by and to the extent of
any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount of such lien be
presented under and against this bond,
,Zoo,/.
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~
Blair Construction, Inc., PO Box 770, Evans,
Georgia 30809
(Seal)
(Principal)
(J~-4:~ Y
(Title)
Western Surety Company, CNA Plaza, Chicago,
Illinois 60685
(Seal)
(Surety)
~
)
~
'5,,<11 ....I.( ~ u ~ J.,
Buck Leigh, Attorney-in-F
(Title)
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Thomas M Albus, Buck Leigh, Individually
of Columbia, SC, its true and lawful Attorney(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
Attomey, 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,
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WESTERN SURETY COMPANY
-/2L~
Paul ,Bruflat, Senior Vice President
Stale of South Dakota
County of Minnehaha
} ss
On this 23id 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
November 30, 2006
+~~~~~~~~~~~~~~~~~~~~~~~~+
~ D. KRELL :
~ ~
:~NOTARY PUBLIC~:
~~ SOUTH DAKOTA \3f'$.).t
.t ~
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Ad
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CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force, In testimony whereof! have hereunto subscribed
my name and affixed the seal of the said corporation this U day of ~ , 200' ,
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WESTERN SURETY COMPANY
g. ~~I'~S~_
Form F4280-01-02
ate,. -.,/15/.....007 Time, 2,47 PM To, Blair @ 9,17068681855
paqe, 002-003
ACORD
TN
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMlDDIYYYY)
03/15/2007
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
PRODUCER (770)246-8300 FAX (770)246-8301
Sutter, McLellan & Gilbreath, Inc.
1424 North Brown Road
Suite 300
Lawrenceville, GA 30043-8107
INSURED Blair Construction, Inc.
Evans Grading & Paving LLC
P. O. Box 770
Evans, GA 30809
INSURERS AFFORDING COVERAGE
INSURERA: National Trust Insurance
INSURERB: FCCI Insurance Co.
INSURER c:
INSURER D:
INSURER E:
NAlC#
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOlWlTHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF />NY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
II~~ ~9;~ TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE Pg1i$l~X~~N LIMITS
DATE
GENERAL LIABILITY CPPOO04476 02/14/2007 02/14/2008 EACH OCCURRENCE $ 1 OOO,OOC
-
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 50, ooe
I CLAIMS WIDE ~ OCCUR MED EXP (Anyone person) $ 5,00e
A , PERSONAL & /lDV INJURY $ 1,000,000
>-
GENERAL AGGREGATE $ 2,000,000
>- 2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP/OP AGG $
h POLICY n ~~& n LOC
AUTOMOBILE LIABILITY CA 0005458 02/14/2007 02/14/2008 COMBINED SINGLE LIMIT
I-- (Ea accident) $ 1,000,000
~ ANY AUTO
ALL OWNED AUTOS BODILY INJURY
I-- $
SCHEDULED AUTOS (Per person)
A I--
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONL Y - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONL Y: AGG $
ffiESSJUMBRELLA LIABILITY UMBOO02841 02/14/2007 02/14/2008 EACH OCCURRENCE $ 5,000,000
X OCCUR 0 CLAIMS MADE AGGREGATE $ 5,000,000
B $
R DEDUCTIBLE - $
RETENTION $ $
WORKERS COMPENSATION AND 010-WC06A-54981 02/14/2007 02/14/2008 X I WC STATIJ- I I O~-
EMPLOYERS' LIABILITY OFFICERS INCLUDED E.L, EACH ACCIDENT $ 1. 000, 000
A ANY PROPRIETORIPARTNERlEXECUTIVE
OFFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $ 1,000,000
If yes. describe under $ 1,000,000
SPECIAL PROVISIONS below EL. DISEASE - POLICY LIMIT
OTHER
k:P.ESCRlPllON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS
roj: Pinnacle Place Drainage Improvements, Augusta, GA Contract Amount $641,111.12
Augusta, GA Commission
Room 605 - Municipal Building
Augusta, GA 30911
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 AN'( KINO UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
-/o/-k C /-r---
Mark Ja nes CSP/LINDAM
ACORD 25 (2001108)
@ACORD CORPORATION 1988
ate:,1/15/,,"007 Time: 2:47 PM To: Blair @ 9,17068681855
paqe: 003-003
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.
.
ACORD 25 (2001/08)
GENERAL CONDITIONS
~
TABLE OF CONTENTS OF GENERAL CONDITIONS
A.rtide
Number Tille
DEFINITIONS.................. ....................................
~ PRELI~(IN AR Y MA TIERS ........................................
3 CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE ................... ............
4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:,
REFERENCE POINTS................. .............................
5 BONDS AND INSURANCE. .......... ..................... ........
6 CONTRACTOR'S RESPONSIBILITIES .............;..............
7 OTHER WORK ...................................;.................
8 OWNER'S RESPONSIBILITIES....................................
9 ENGINEER.S STATUS DURING CONSTRUCTION...... ........
10 CHANGES IN THE WORK ........ .............. ... ................ .
II CHANGE OF CONTRACT PRICE..................................
12 CHANGE OF CONTRACT TIME ............... .......... ..........
13 WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK ................ ........... 24
1~ PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26
15 SUSPENSION OF WORK AND TERMINATION....... .......... 29
16 ARBITRATION,..... ......... .'. ........ ............ ........ .... .... 31
17 MISCELLANEOUS.. ... ...... ... ....... ........ .......... ... ....... 32
-:;-,:,.
3
Page
7 . .
,
~
8
9
10
II
14
18
19
19
21
21
24
INDEX TO GENERAL CONDITIONS
Anic/e or Paragraph
Number
Acceptance of Insurance ............................. 5.13
Access to the Work .................................. 13.2
Addenda-delinition of (see delinitian of
Specincationsl ...........;............................ I
Al?t"eemene-definitian of ................................ I
All Ris k Insurance .... , . . .. . . .. . . . .. .. . .. . . . .. . . .. . , . .. 5.6
Amendment. Written ............................. I. J.1.1
Application for Payment-definitian of .................. I
Application for Payment. Final .......:..............14.12
Application for Progress Payment .................... 14.2
Application for Progress Paymene-review oC . ... 14.4-14.7
Arbitration .............................................. 16
Authorized Variaeion in Worle ......................... 9.5
A vailabiIiey of Lands .................................. 4; 1
Award. Natice of-<1edned ..............................1
Before Starting Construction ...........,.......... 2.5-2. i
Bid~etinieion of ........... ................... ......... 1
Bonds and Insurance-in general ........................ 5
Bonds-Jennition of . . . . . . . .. . . . . . . . . . , .. . . . . . . . .. . " .. " I
.Bonds. Delivery of .........................'...._. 2.1.5.1
Bonds. Performance and Other .................... 5.1-5.:
Cash Allowances ..................................... I 1.8
Change Order-dednition of ..:.......................... I
Change Orders-to be executed ...................... lOA
Changes in the Work ...................................10
Claims. Waiver of -on Final Payment ............... 14.16
Clarificaeions and Interpretations ,..,.................. 9,4
Cleaning ...,...............,...........,............. 6.1 i
Compietion .. " . . ........ ...........................,... 14
Completion. Suimaneial ................,........ 14.8-14.9
Conference. Preconstructian .......................... 2.8
Connict. Error. Discrepancy-Contractor
to Report .............,... . . . . . . . . . . . . . . . . . . . . ; 2.5. 3.3
Construction Machinery. Equipmeiu. etc. ............. 6A
Continuing Work ..,..........,....................... 6.19
. Contract Documents-amending and
Supplementinst ..,...............,................ 3.4-3.5
Contract Docu~ents-Jefinition of .,...............,.... 1
Contract Documents-Ineent .....,................ 3. 1~3.3
Coneract Documents-Reuse of .., ........... ......... 3.6
Contract Price. Change of .............,................ II
Contrnct Price-delinition ............................... I
Contract Time. Change of .................... ....... '.' I:
COntract Time. Commencement of .................... ::.3
Contract Time-delinition of .....,...................... I
Contractor-derinition of ................................ I
Contractor May Stop Work or Terminate ............. 15.5
Coneractor's Continuing Obligation .................. 14.15
Comr:lctor's Duty to Report Discrepancy
in Documents ...........,...................... 2.5. 3.1
Cammctor's F~e-Cost Plus ,.. 11.4.5,6. 11.5.1. 11.6-11.-;
Comr:lctor's Liability Insurance. . ........ ............, 5.3
Contractor's Responsibilities-in general ...,..........,. 6
Contractor's Warranty of Title. . .. . ................... 14.3
Contractol"S--(lther ............ . . . .. " .. .. .. .. .. . . . . .. . .. 7
Contractual Liability Insurance ........................ 5.4
Coordinating Concractor-delinition of ................ 7.4
Coordination ......,...............,.......... .... .... .. 7.4
Copies of Documents .............,... .. .. .. .. . . . . . . . .. 1.~
Correction or Remaval of Defective Worle ........... 13.11
Correction Period. One Year ........................ 13.12
Correction. Removal or Acceptance of Defective
Work-in general ............................ 13.11-13.14
Cost-net decrease ...................:......... ~ ... 11.6.2
Cost of Work ...................................... 11.4-11.5
Costs. Supplemental. .. .. ... ...... .... ....... .. .. ... 11.4.5
Day-definition of ..... . . . . . . . . .. . . . . . . . . . . .. . . . . . . ...' . .. I
Defecrive--<ietinition of ..,.,............................ I
Def~ctive Work. Acceptance of ...............;......13.13
Defective Work. Correction or Removal of .......... 13.1 I'
Defective Work-ingeneral ............... 13.14.7,14.11
Defective Work. Rejecting..................... ,. .. .... 9.6
Definitions ....................................,......... I
Delivery of Bonds ..........................,.......... 2.1
Detennination far Unit Prices ........................ 9.10
Disputes. Decisions by Engineer............... .. 9.11-9.11
Documents. Copies or ................................. 2.2
Documents. Record ..................................6.19.
. Documents. Reuse ....................................3.6
Drawings-Jelinition of ...........,..................... 1
Easements ............................,............... 4.1
Effective date of Agreement-dennition of. .... .. . . . .. . .. I
Emergencies ......................................... 6.::2
Engineer-detinition of .........................,........ 1
Engineer's Decisions ............................ 9.10-9.12
Engineer's-Notice Work is Acceptable............. 14.13
Engineer's Recommendation of Payment ...... 14.4. 14.13
Engineer's Responsibilities. Limitations
on ................. 6.6,9.11,9.13-9.16,18.2
Engineer's Status During Constnlction-in general ...... 9
Equipment. L1bor. Materials and....., . , .... . .. ... 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
E.'tplorations of physical conditions ................... 4.2
Fee. Concractor's-Costs Plus. ........ ............... 11.6
Field.Order-detinition of ............................... I
Field Order-issued by Engineer ................ 3.5.1. 9.5
Final Application for Payment....................... 14.12
Final Inspection..................................... 14.11
Final Payment and Acceptance...................... 14.13
Final Payment. Recommendation of .. .......... 14.13-14.14
General Provisions .............................. 17,3-17.4
Geneml Requirements-dcfinition of .. ... . .... . . .. . . . . . .. I
Geneml Requirements-principal
references co '................ 2.6. 4.4. 6.4. 6.6-6.7. 6.23
..j.
Giving Notice............... .............. ......... ... 17.1
Guarantee of Work-by Contractor................... 13.1
Indemnification. . . . . . . . . . . . . . . .. . . . . . . . . . . .. ~.30-6.32. 7.5
. Inspection. Final ..................................... 14.11
Inspection. Tests and .................................13.3
Insurance, Bonds and-in general ....... ................ 5
Insurance. Certificates of ........................... 2.7,5
Insurance-<:ompleted operations .. . . . . . . . . .. . . . . . . . . .. 5.3
Insurance. Contractor's Liability ...................... 5.3
Insurance. Contractual Liability ....................... 5.4
Insurance. Owner's Liability ....................... .,.. 5.5
Insurance. Property.............................. 5.6-5.13.
Insurance-Waiver of Rights ......................... 5.11
Intent of Contract Documents ................... 3.3, 9.14
Interpretations and Clarifications ...................... 9.4
Investigations of physical conditions.. . . . .. . .. .. . . " . .. 4.1
Labor. Materials and Equipment .................. 6.3~.5
Laws and Regulations-<1etinition of ..................... I
Laws and Regulations-general '" .. ... . .. . .. ... .. .... 6.14
Liability Insurance-Concractor's ..................... 5.3
Liability Insurance-Owner's ......................... 5.5
Liens-<1efinitions of ................................ 14.2
Limitations on Engineer's
Responsibilities ..................... 6.6, 9.11. 9.13-9.16
Materials and equipmenc-furnished by Contractor.... 6..3
Malerials and. equipment-not
incorporated in Work .............................. 14.2
Materials or equipment-equivalent ................... 6.7
Miscellaneous Provisions .......................;....... 17
Multi-prime contracts ...... . . . . . . . . . . . . . . . . . .. . . . . . . . . .. 7
N olice. Giving of . . . . . . . .. . .. .. . . . . . .. . . . . . . . .. .. . .... 11.1
Notice of Acceptability of Project ................... 14.13
Notice of Award-definition of .......................... I
NOlice to Proceed~etinition of ......................... 1
Notice to Proceed-giving of .......................... 2.3
.'Or-Equal"' Items. .................. ..... ..... ........ 6.7
Other contractors ............ , . . . . .. . . . . . . . . . . . . . . . . . . .. 7
Other work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. i
Overtime Work-prohibition of .... ......... ........... 6.3
Owner-definilion of ..................................... I
Owner May Correct DefeCTive Work...... ........... 13.14
Owner May Stop Work. ........... ............... ... 13.10
Owner May Suspend Work. Tenninate .......... (5.1-1504
Owner's Duty to' Execute Change Orders ............. 11.8
Owner's Liabilitv Insurnnce ........................... 5.5
Owner' s Repres~ntative-Engineer to serve as ......... 9.1
Owner's ResponsibilitieS-in general .................... 8
Owner's Sepamte Representative at site............... 9.3
Partial Utilization .................................. 14.10
Partial Ulilization~efinition of ......................... I
Partial Utilization-Property Insurance ............... 5.15
Patent Fees and Royalties ............................ 6. I:
Payments. Recommend:1tion of ........... 14.4-14.7. 14.13
Payments [0 ClJntrnctor-in genernl .................... 14
Paymenls [0 Contractor-when due ........... 14.4, 14.13
Payments to Contractor-withholding ................ 14.1
Performance and other Bonds ..................... 5.1-5.2
Pennits ........ . . . . . . . . . ... ... . . .. .. _ .... .... .. . .. . .. .. 6.13
Physical Conditions ................................... 4.2
Physical Conditions-Engineer's review ............. 4.2.4
Physical Condition~xisting strUctures ............. 4.2.2
Physical Condition~xplorations and reports '" . . .. 4.2.1
Physical Conditions-possible document change ..... 4.2.5
Physical Conditions-price and time adjustments .... 4.1.5
Physical Conditions-report of differing ... ~......... .4.2.3
Physical Conditions-V nderground Facilities .......... 4.3
Preconstrt.lction Conference ............ ................ 2.8
Preliminary Matters ...................................... 2
Premises. Use of ................................ 6.16-6.18'
Price. Change of Contract .............................. II
Price.Contract~efinition of ............................ I
Progress Payment. Applications for.... . .... ;... . .. ... 14.2
Progress Payment-retainage ......................... 14.2
Progress schedule ............... 2.6.2.9.6.6.6.29, 15.2.6
Project~efinition of .................................... I
Project Representation-provision for ............... .'. 9.3
Project Representative, Resident~efinition of. ....... . .. I
Project. Starting the ................................... 2.4-
Property Insurance ............................... 5.6-5.13
Property Insurance-Partial Utilization ............... 5.15
Property Insurance-Receipt and Application
of Proceeds ................................... 5.12-5.13
Protection. Safety and........................... 6.20-6.21
Punch list ........................................... 14.11
Recommendation of Payment... ... . .. .. ., .. ... 14.4. 14.13
Record Documents ................................... 6.19
Reference Points ...................................... 4.4
Regulations. Laws and ............................... 6.14
Rejecting Defective Work ............................. 9.6
'Related Work at Site .............................. 7.1-7.3
Remedies Not E:(clusive ............................. 17.4
Removal or Correction of Defective Work ........... 13 .11
Resident Project Representative~efinition of ........... I
Resident Project Represenwive-provision for........ 9.3
Responsibilities. Co n cractor , s-in general ............... 6
Responsibilities. Engineer's-in general ................. 9
Responsibilities. Owner's-in general . .. .. . . . . . . . . . . . . . .. 8
Retainage ....:....................................... 14.1
Reuse of Documents .................. ............... .. 3.5
Rights of Way ......................................... 4.1
Royalties. Patent Fees and ........................... 6.11
Safety and Protection. ...... 6.20-6.21, 18.1-18.2
Samples .......................................... 6.13-6.18
Schedule of progress ........ 2.6. 2.8-2.9. 6.6. 6.29. 15.1.6
Schedule of Shop Drawing
submissions...................... 2.6. 2.8-2.9. 6~2J. 14.1
Schedule of values ...................... 2.6. 1.8-2.9. 14.1
Schedules. Finalizing ....... ....... . . ..... . . .. .. . ...... 2.9
Shop Drawings and Samples. .. .. . . " .. .... .. .... 6.23-6.18
Shop Drawing5-(jefinition' of ........ . . .. . . .. . .. . ". . . . .. I
Shop Drnwings. use to approve
substitutions ...................................... 6.7.3
5
Site. Visits to-by Engineer ........................... 9.2
Specifications-<iefinition of ............................. 1
Staning Construction. Before............. .. .... ... 2..5-2.8
Staning the Project........;... ............ ............. 2.4
Stopping Work-by Contractor....................... 15.5
Stopping Work-by Owner ...... .... ..... ........... 13.10
Subcontractor-detinition of .......... .... .. .... . " . . .. .. I
Subcontractors-in general ....................... 6.8-6.11
. Subcontracts-required provisions ............ 5.11.1. 6.11
11.4.3
Substantial Completion---cenification of .............. 14.8
Substanual Completion-definition of. . ... " .. .. ... . . .... I
Substitute or "Or.Equal" Items ................... .... 6.7
Subsurface Conditions ............................. 4.2-4.3
Supplemental costs ..........................,...... 11.4.5
Supplementary Conditions-detinition of ................ 1
Supplementary Conditions-principal
references to .. 2.2.4.2.5.1.5.3.5.6-5.8.6.3.6.13.6.23..
7.4. 9.3
Supplementing Contract Documents ............... 3.4-3.5
Supplier-definition of . . . . . . . . . . . . . . .. . . . . . . .. . . . . . .. .. .. I
Supplier-principal references to ... 3.6.6.5.6.7-6.9.6.20.
6.24.9.13.9.16. 11.8. 13.4. 14.12
Surety--<:onsent to payment. .. . .. .. ..... ..... 14.12. 14.14
Surety-Engineer has no duty to ..................... 9,13
Surety-notice to .......................... 10.1.10.5.15.2
Surety-qualitication of ........................... 5.1-5.2
Suspending Work. by Owner ......................... 15.1
Suspension of Work and Tennination-in general....... IS
Superintendent--Contractor's ......................... 6.2
Supervision and S~perintendence .................. 6.1-6.2
Taxes-Payment by Contractor. . . . . . . . . . . . .. . . . . . . . .. 6.15
Tennination-by Contractor.... ...................... 15.5
Tennination-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-(jefinition of ....... ... ..... .......... ... I
Uncovering Work .~............................. 13.8-13.9
Underground Facilities-definition of .... . . . . . . . .. . . . . . .. I
Underground Facilities-not shown or indicated ..... 4.3.1
Underground Facilities-protection of ........... 4.3.6.20
Underground Facilities-shown or indicated....,.... 4.3.1
Unit Price Worlc-(jefinition of .......................... 1
Unit Price Work-general ................. 11.9. 14.1. 14.5
Unit Prices...................... ................. .. 11.3.1
U nit Prices. Determinations for. . .. . .. . .. . . . . . .. .. .... 9.10
Use of Premises ................................. 6.16-6.18
Utility owners .......................... 6.13.6.20. 7.1-7.3
Values. Schedule of ......................... 2.6. 2.9. 14.1
Variations in Work-Authorized. ........... 6.25. 6.27. 9.5
Visits to Site-by Engineer ........................ ~ . .. 9.2
Waiver of Claim5-()n Final Payment ......... ..' .. . " 14.16.
Waiver of Rights by insured parties.............r 5.10. 6.11
Warranty and Guarantee-by Contractor ....:........ 13.1
Warranty of Title. Contractor's ...................;... 14.3
Work. Access [0 ............... .......... .... ..... .... 13.2
Work-by others ......................................... 7
Work Continuing During Disputes .................... 6.29
Work. Cost of ................................... 11.4-11.5
Worlc-(jefinition of ..................................... 1
Work Directive Change~efinition of ............,...... I
Work Directive Change-principal ,
references to ............................3.4.3.10.1-10.2
Work. Neglected by Contractor ..................... 13.14
Work. Stopping by Contractor. . .. .. . ., . . . . . . .. . . . . . .. 15.5
Work. Stopping by Owner..... ........ ..... ..... 15.1-15.4
Written Amendment-(jetinitio!l of ...................... I
Written Amendment-principal
references to ..................... 3.4.1.10.1.11.1.1:.1
6
GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
Wherever used in these deneral Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
Adden"(/~Wrilten or graphic instruments issued prior to the
opening of Bids which clarify. corre~t or change the bidding
documents or the Contract Documents.
A.l;'reemt'l/f- The wriuen agreement between OWN ER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are auached to the Agreement and made
a part thereof as provided therein.
Applimli()/I for Pa~'l1Ieltr- The form accepted by ENGI-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include.such sup-
porting do~umentation 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.
BOltds-Bid. performance and payment bonds and other
instrumen ts of security.
Change Order-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition. deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Time. issued
on or after the Effective Date of the Agreement.
COntrC/CI DOClll1lenlS- The Agreement. Addenda (which per-
tain to the Contract Documents). CONTRACTOR's Bid
Cincluding 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 3A and 3.5 l1n or after the Effective Date of the
Agreement.
CUlltrctC! Price-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.9.1 in
the case of Unit Price Work).
COnlrllCI Tim('- The number of days (computed as provided
in paragraph 17.2) or the date stmed in the Agreement for the:
complt:tion of the Work.
CONTRACTOR_The person. firm or corponllion with whom
OWNER hus c:ntered into the Agreement.
defecti,.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 ENGlNEER's recommendation
offinaJ payment I unless responsibility forthe protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.10),
Drall'ings- The drawings which show the character and scope
of the Work to be performed and which have been prepared
or approved by ENGIN EER and are reti:rred to in the Con-
tract Documents.
Effecri"e Date of tire A,I;'reemelll- The date indicated in the
Agreement on which it becomes etTective:. but if no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
E.VGINEER- The person. firm orcorporacion...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.
Gl!lleral Requiremen!s-Sections of Division I of the Speci-
fications.
Laws and Regulations: Laws or Regulations-Laws. rules.
regulations. ordinances. codes and/or orders.
Nurice 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 Procud-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the date
on which the Contract Time will commence to run and on
which CONTRACTOR shall start to perform CONTRAC-
TOR'S obligations under the Contract Documents.
OWNER-The public body or authority. corporation. asso-
ciation. firm or person with whom CONTRACTOR has c:ntered
into the Agreement nnd for whom the Work is to be provided.
ParrillI Utili:ariull-Placing a portion of the Work in service
for the purpose for which it is intended (or a related purpose)
before rea~hing Substantial Completion for all the Work.
Prujec'r-The [otal construction of which the Work to be
provided under the Contract Documents may be the whole.
or a part as indicated elsewhere in che Contract Documents.
Residen! Prlljl!ct Rt'pres(,l/tcuil'e- The authorized repre:se:n-
[ative of E:--JG IN EER who is assigned to the site or anr part
thereof. '
7
Shop Drawings-All drawings, diagrams. illustrations,
schedules and other data which are spc:cificaHy prepared by
or for CONTRAcrOR to illustrate some portion of the Worle
and all illustrations. brochures, standard schedules. perfor-
mance charts, instructions. diagrams and other information
prepared by a Supplier and submitted by CONTRAcrOR to
illustrate material or equipment for some portion of the Work.
Sp~cificarions-Those portions of the Contract Documents
. consisting of written technical descriptions of materials,
equipment. const.ruction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
Subconrracror-An individual. linn or corporation having a
direct contract with CONTRACTOR or with any other Sub- .
contractor for the performance of a part of the Work at the
site.
Subsranrial Compl~tion- The Worle (or a specified part thereoO
has progressed to the point where, in the opinion of ENGI-
NEER as evidenced by ENGINEER's delinitive certificate
of Substantial Completion, it is sufficiently complete, in
accordance with the Contract Documents. so that the Work
(or specified part) can be utilized for the purposes for which
it is intended; or if there be no such certificate issued. when
final payment is due in accordance with paragraph 14.13. The
. terms "substantially complete" and "substantially com-
pleted" as applied to any Work refer to Substantial Comple-"
tion thereof.
Supplem~ntary 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 Faciliries-AJl pipelines. conduits. ducts. cables.
wires. manholes. vaults. tanks, tunnels or other such facilities
or attachments. and any encasements containing such facil-
ities which have been installed underground to furnish any of
the foHowing 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.
Unir Price Work-Work to be paid for on the basis of unit
prices.
Work-The entire completed construction onhe various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
fonning services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
Work Direcrive 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 unforesccn physical conditions under
which the Work is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A Worle
Directive Change may not change the Contract Price or the
Contract Time. but is evidence that the parties expect that
the change directed or documented by a Work Directive
Chan'ge will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect. if
any, on the Contract Price or Contract Time as provided in
paragraph 10.2.
Writren Amendmenl-A written amendment of the Contract
Documents. signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and norm:llly deal-
ing with the nonengineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS
'.
D~livery of Bond.r:
1.1. When CONTRACTO R delivers the executed Agree-
ments to OWNER, CONTRAcrOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copi~s of Docum~nt.r:
1.1. 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.
Comm~ncem.elll ofConrract Tim~: Notice 10 Proceed:
1.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement. or. if
a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thirty days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
Starting lh~ Project:
1.4. CONTRAcrOR 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.d
Before Starting Consrruction:
1.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent ligures shown
8
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER oefore proceeding with any Work
affected thereby: however, CONTRACTOR shall not be lia-
ble to OWNER or ENGlN EER for failure to report any
contlict. error or discrepancy in the Contract Documents.
unless CONTRA.CTOR had nctual knowledge thereof or should
reasonably have known thereof,
1.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise spt:cified in the General Require-
ments), CONTRACTOR shnll submit to ENGINEER for
review:
1.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
1.6,1. a preliminary schedule of Shop Drawing sub-
missions: and
1.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payment,~ 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-
mission.
2.7. Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER. with a copy to ENGINEER.
certificates (and other evidence of insurance requested by
OWNER> which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4. and
OWNER shall deliver to CONTRACTOR certifica.tes (and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
Preconsrrucrion Conference:
~.8. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR scarts tht: Work at
the site. a conference altended by CONTRACTOR. ENGI-
NEER and others as appropriate will be held to discuss [he
schedules referred to in paragraph 2.6. [0 discuss procedures
for handling: Shop Drawings and other subminals and for
processing: Applications for Payment. and to establish a working
understanding among the parties as to tht: Work.
Fina/i::ing Schedules:
~.9. At I~ast ten duys before submission of[ht: first Appli-
cation for P~lrment a conference attended by CONTRAC-
TOR. ENGI~EER nnLl others as appropriate will be he ILl to
finalize the: s.:heLlules submitted in accordance: with pum-
graph 2.6. The finalized progress schedule will bt: 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 [he Work nor relieve CON-
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGIN EER as to form and substance.
ARTICLE 3-CONTRACT DOCUME~TS: INTENT,-
AMENDING. REUSE
[nunt:
3. I, The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
calIed for by one is as binding as if called (or by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
3.1. It is the int~nt of the Contract Documents to describe
a functionalIy 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 whetheror 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 shaII be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
orcades of any technical society. organization or association.
or to the Laws or Regulations of any governmental authority.
whether such reference be specific or by implication. shall
mean the latest standard specification. manual. code or Laws
or Regulations in etIect at the time of opening of Bids (or. on
the Effective Date of the Agreement if there were no Bids).
except as may be otherwise specifically 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 etfective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGINEER. or any of [heir consuitants. agents or employ-
t:es 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
authoritv to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility comrary [0 tht: provisions of par.lgraph 9.15 or 9.16.
Clarifications and imerpretations of the Comract Documents
'ihall be issued by ENGINEER as provided in paragraph 9.~.
3.3. If. during the performance of the Work. CONTRAC-
TOR nnds a conflict. error or discrepancy in the Contract
Documents. CONTRACTOR shall so report to ENGINEER
in writing at once anLl before proceeding with the Work atfected
thereby shall obtain u written in'terpretution or clarification
9
from ENGINEER: however. CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
Amending and Suppume1Uing Contract Documents:
3.4. The Contract Documents may be amended to pro-
vide for additions. deletions and revisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways:
3.4.1. a formal Written Amendment.
3.4.2. a Change Order (pursuant to paragraph lOA).
or
3.4.3. a Work Directive Change (pursuant to para-
graph 10.0.
As indicated in paragraphs 11.1 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 requiremencs 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
Supplier or other person or organiZation performing or fur-
. n~hing any of the Work under a direct or indirect contract
with OWNER shaH have or acquire any title to or ownership
rights in any of the Drawings. Specifications or other docu-
ments (or cOpies of any thereoO prepared by or bearing the
seal of ENGINEER: and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
ARTICLE 4-A V AILABILITY OF LANDS; PHYSICAL
CONDITIONS: REFERENCE POINTS
A'IIaiJabilily of l.4nds:
4.1. OWNER shall furnish, as indicated in the Contract
Documents. the lands upon which the Work is to be per-
fonned. rights-or-way and casements for access thereto. and
such other lands which are designa.ted for the use of CON-
TRACTOR. Easements for pennanent structures orperma-
Qent changes in existing facilities will be obtained and paid
for by OWNER. unless otherwise provided. in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shall, provide for all
additional lands and. access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made
to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data~ntained in
such reports. but not upon nontechnical data."interpreta-'
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6. CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site.
4.2.2. Existing Structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in ,the immediately preceding sentence and in
paragraph 4.1.6. CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to such structures.
4.2.3. Report a/Differing Conditions: IfCONTRAC.
TOR believes that:
4.2.3.1. any technical data on which CONTRAC.
TOR is entitled to rely as provided in paragraphs 4.1.1
and 4.1.1 is inaccurate. or
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from [hat indi.
cated. reflected or referred to in the Contract Docu-
ments.
CONTRACTOR shall. promptly after becoming .aware
thereof and before performing any Work in ponnection
therewith (except in an emergency as permitted by para-
graph 6.221. notify OWNER and, ENGINEER in writing
about the inaccuracy or difference.
10
L!A. ENGINEER's Rel'ie\\': ENGINEER will
promptly review the peninent conditions. determine the
necessity of obtaining additionale,xplorations or tests with
respect thereto and advise OWN ER in writing (with acopy
to CONTRACTOR) of ENGINEER's findings and con-
clusions.
4.2.5. Possihle Docl/ment Clwn,f!e: If ENGINEER
concludes that there is a material error in the Contract
Documents or [hat because of newly discovered condi-
tions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
4.2.6. Possihle Price IIlId Time Acljl/sllllenr.r: In each
such case. an increase or decrease in the Contract Price
or an extension or shonening of the Contract Time. or any
combination thereof. will be allowable to the extent that
they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles j I and 12.
Physical Conditions-C/rderground Facilities:
4.3.1. Sholl'n or Indicated: The information and data
shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to die
site is based on information and data furnished to OWNER
or ENGINEER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
.U.1.2. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina-
tion of the Work with tl:1e 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. Not Slw"'n or IIIdicclled. 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 pamgmph 6.221. identify the owner
of such U ndergrounu Facility and give written notice thereof
to that owner and t~l OWNER and ENGINEER. ENGI-
NEER will promptly review the Underground Facility to
determine the extent to which [he Contract Documents
should be modified to rel1ect and document the conse-
quences of the existence of the Underground Facility, and
the Contract Documents will be amended or supplemented
to the extent necessary. During such time.CONTRAC..
TOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of [he Contract Time. or both.
to the e:<tent that they are attributable to the e"(istence 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 panies 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. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACT9R to proceed
with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established
reference points and shaH make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR 5hall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shaH be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shaH 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 shaH remain in effect at least until one
year after the date when final payment becomes due. except
as otherwise provided by Law or Regulation or by the Con-
tract Documents. CONTRACTOR shaH 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 Depanment. All
Bonds signed by an agent must be accompanied by a cenified
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 lerminated in any state where any pan of
II
the Project is located or it ceases to meet the requirements
of paragraph 5.1, CONTRACTOR shall within five days
thereafter substitute another Bond and Surety, both of which
must be acceptable to OWNER.
COnl1'aeUJr's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such
. comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other obligations under the Contract Documents, whether it
is to be performed or furnished by CONTRACTOR. by any
Subcontractor. by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compen-
sation. disability benefits and other similar employee ben-
efit acts:
5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease. or death of CONTRAC-
TOR's employees;
5.3.3. Claims for damages because of bodily injury,
sickness or disease. or death of any person other than
CONTRACTOR's employees;
5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained (a) by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR. or
(b) by any other person for any other reason:
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
cenificates or other evidence thereoO shall contain a provi-
sion or endorsement that the coverage afforded will not be
cancelled, materially changed or renewal refused until at least
thiny 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 defecriv~ Work in accordance with paragrapnI3.12.
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.
COnlraCrual Liahiliry 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,
Owners LUzbilily Insurance:
5.5. OWNER shall be responsible for purc,hasing and
maintaining OWNER's own liability insurance a~d, at
OWNER's option. may purchaSe and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract D~cuments.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain propeny
insurance upon the Work at the site to the fulI insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulationsl. This insurance shall include the interests
of OWNER. CONTRACTOR. Subcontractors, ENGINEER
and ENGINEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured parties. shall insure
against the perils of fire and extended coverage and shall
include "all risk" insurance for physical loss and damage
including theft. vandalism and malicious mischief, collapse
and water damage. and such other perils as may be provided
in the Supplementary Conditions. and shall include damages.
losses and expenses arising out of or resulting from any insured
loss or incurred in the repair or replacement of any insured
property (including but not limited to fees and charges of
engineers. architects. attorneys and other professionals). If
not covered under the "all risk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchase and maintain similar property insurance on portions
of the Work stored on and 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 interests of OWNER,
CONTRACTOR. Subcontractors, ENGINEER AND
ENGINEER's consuIcants in the Work. all of whom shall be
listed as insured or additional insured parties.
12
5.8. All the policies of insurance (or the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and
5.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.1.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests
of CONTRACTOR. Subcontractors or others in the Work to
the extent of any deductible amounts that are provided in the
Supplementary Conditions. The risk of .Ioss within the
deductible amount. will be borne by CONTRACTOR. Sub-
contractor or others suffering any such loss and ifany of them
wishes property insurance coverage within the limits of such
amounts. each may purchase and 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. OWNER shall. if possible. include such insurance. and.
the cost thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site. OWNER shall in writing
adv,ise CONTRACTOR whether or not such other insurance
has been procured by OWNF.~.
Waiver of Rights:
5. I 1.1. OWNER and CONTRACTOR waive aU rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work. and also
waive all such rights against the Subcontractors. ENGI-
NEER. ENGINEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11. each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's cOllsultants 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 p~y_
able under any policy so issued,
5. (1.1. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide primary
coverage for ull losses and damages caused by the perils
co\'ered thc::rc:by. Accordingly. all such policie:s shall con-
tain provisions to [he c:ffect that in the event of payment
of any loss or damage: [he insurer will have no rights of
recove:ry a~winst uny of the parties numed as insureds or
additional insureds. and if (he insurers require separate
waivc:r forms to be: signed by ENGINEER or ENGI-
NEER's cllnsultunc OWNER will obtuin 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. IJ. OWNER as trustee shalIltave 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 ac-cordance with such agreement.
as the parties in interest may reach. If required in writing by
any plmy 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 required 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 :'.7. If CONTRACTOR has any objection to the
coverage atTorded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their no~ complying with the Contract Documents. CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph :'.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
[ional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within'
the time provided shall constitute acceptance of such insur-
ance purchased by the other as complying with the Contract
Documents.
Partial Utiiization-Properr)' Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Comple-
tion of all the Work. such use or occupancy may be accom-
plished in accordance: with paragraph 14.10: provided that no
13
such use or occupancy shall commence before the insurers
providing the property insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces-
sitated thereby. The. insurers providing the property insur-
ance shall consent by endorsement on the policy or policies.
but the property insurance shall not be cancelled or lapse on
account of any such panial use or occupancy.
ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
Supflrvision and Su~rinundflnct:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently . devoting such attention thereto'
and applying such skills and expertise as may be necessary
to perfonn the Work in accordance with the Contract Doc-
uments. CONTRACTOR shall be solely responsible for the'
means. methods. techniques. sequences and procedures of
construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means, method. technique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
6.1. CONTRAgOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
lAbor, MaurUzls and Equipmt!nt:
6.3. CONTRACTOR shall provide competent. suitably
qualified personnel to survey and layout the Work and per-
fonn construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Wark or property at the site or
adjacent thereto. and except as otherwise indicated in the
Contract Documents. all Work at the site shall be perfonned
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 shall furnish and assume full respon-
sibility for all materials. equipment. labor. transportation.
construction equipment and machinery. tools. appliances.
fuel. power. light. heat. telephone. water. sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing, performance. testing. start-up
and, completion of the Work.
6.5. All materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Doc.
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence (including reports of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed. con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except. as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assign to
ENGINEER. or 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 dutyor author-
ity to undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16.
Adjusting Progrtss Scht!dule:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 1.9) 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.
Substilu/ts or "Or.EqULJi" Ittms:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the naming of the item is intended to establish the type.
function and quality required. Unless the name is followed
by words indicating that no substitution is permitted.
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI.
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ.
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute will perfonn ade.
quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec.
ified. The application will state that the .evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple.
tion on time, whether or not acceptance of the substitute
for use in the Work will require a change in any of the
Contract Documents (or in the provisions of any 'other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitute and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license fee or
14
royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repuir and replacc:ment service will be indi-
cated. The application will also contain an itemized esti-
mate 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 resulting
change. all of which shall be considered by ENGINEER
in evaluating the proposed substitute. ENGINEER ma~'
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
the Contract Documents. CONTRACTOR may furnish or
utilize a substitute means. method. sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGIN EER to determine that the substitute proposed is
c:quivalent to that indicated or required by the Contract
Documents. The procedure for review by E~GINEER
will be similar to that provided in pamgmph 6.7.1 as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
6. i .3. E:-IGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability. and no
substitute wiII be ordered. installed or utilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER.s consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute. CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluat-
ing each proposed substitute.
Concerning Subcontractors. Suppliers and Others:
6.8,1. CONTRACTOR shall not employ any Subcon-
tmctor, Supplier or other person or organization I including
those acceptable to OWNER and ENG INEER as indi-
cated in paragmph 6.8.2). whether initially or as a substi-
tute, against whom OWNER or ENGINEER may have:
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. Supplier or othe:r person llr
organiz:1tion to furnish or perform any of the Workaguinst
whom CONTRACTOR has reasonable objectk1n.
6.11.~. If the Supplemenrary Conditions require the
idenrilY of certain Subcontractors. Suppliers or other per-
Sons or organizations (including those who are to furnish
the principal items of materials and equipment I to be sub-
mitted 10 OWN ER in advance of the specified date prior
to the En~ctjve Dat~ of the Agreement for acc~ptance by
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWNER's or ENGINEER's accept-
ance (either in writing or by failing to make written objec- .
tion thereto by the date indicated for acceptance or objec-
tion in the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute. the.
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER or ENGINEER of any such -
Subcontractor. Supplier or olher person or organization
shall constitute a waiver of any right of OWNER or ENGI-
NEER to reject defectil'e Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and org<\nizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor. Supplier or other person or
organization. nor shall it create any obligation on the part of
OWNER orENGINEER 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 c'ontrol CON-
TRA,CTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontmctor to the applicable terms and
conditions of the Contmct Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by paragmph 5.11. CONTRACTOR shall pay
each Subcontractor n just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to pamgraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and roy-
alties and assume all COSts incident to the use in the perfor-
mance of the Work or the incorporation in the Work of any
invention. design, process. product or device which is the
subject of patent rights or copyrighls held by olhers. If a
particular invention. design, process. product or device is
specified in the Cuntract Documents for use in the perfor-
mance of the Work :md if to Ihe actual knowledge of OWN ER
15
or ENGINEER its use is subject to patent rights or copyrights
calling forthe payment of any license fee orroyalty to others,
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and ENGINEER and anyone
directly or indirectly employed by eitber of them from and
against all claims, damages, losses and expenses (including
attorneys' fees and court and arbitration costs) ariSing out of
. any infringement of patent rights or copyrights incident to
the use in the perfonnance of tbe Work or resulting from the
incorporation in the Work of any invention, design, process,
product or device not specified in the Contract Documents,
and shall defend aU such c1aims in connection with any alleged
infringement of such rights.
Pmnils:
6.13. Unless otherwise provided in the Supplemenw"
Conditions. CONTRACTOR shall obtain and pay for all con-
Stnlction pennits and licenses. OWNER shall assist CON-
TRACTOR. when necessary, in obtaining such pennits and .
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or ifthere
are no Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility Owners for con-
nections to the Work, and OWNER shall pay all charges of
such utiHty owners for capital costs related thereto such as
plant investment fees.
!Awr and RegullJ/ioru:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur.
nishing and perfonnancc 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 perfonns 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 a1l costs arising
therefrom: however. it shall riot be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings' are in accordance with such Laws and
Regulations.
Ta:res:
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.
Uu of Prf!misf!s:
6.16. CONTRACTOR shall confine constntction 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 pennitted 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 ;u-eas contig.
uous thereto, resulting from the perfonnance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the petfonnance
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 ENGINEERharmless from and against
all claims. damages. losses and expenses (including, but not
limited to, fees of engineers. architects, attorneys and other
professionals and COUrt and arbitration costs) arising directly.
indirectly or consequentially out of any action. legal or equi.
table. brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's perfonnance of the Work.
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remClVe
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 manner that will endanger
the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record DOCumf!1US:
6.19, CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings. Specifications,
Addenda. Written Amendments. Change Orders. Work
Directive Changes. Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con.
struction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available to ENGINEER for reference, Upon com.
16
pletionof the Work. these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
Safery and Protection:
6.20. CONTRACTOR shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for [he safety of. and shall
provide the necessary protection [0 prevent damage. injury
or loss [0:
6.20.1. all employees on the Work and other persons
and organizations who may be affected thereby:
. 6.20.1. all the Work and materials and equipment to
be incorporated therein. whether in storage on or off the
site: and
6.20.3. other property at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pavements. road.
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage.
injury or loss: and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners when prosecution of the Work
may affect them. and shall cooperate with them in the pro.
tection. removal. relocation and replacement of their prop.
erty. .-\11 damage. injury or loss to any property referred to
in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly.
in whole or in part. by CONTRACTOR. any Subcontractor.
Supplier or any other person or organization directly or indi.
rectly employed by any of them to perform or furnish any of
the 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
employed by either of them or anyone for whose acts either
of them may be liable. and not attributable. directly or indi.
rectly. in whole or in part. to the fault or negligence of CON.
TlL-\CTORl. CONTRACTOR.s duties and responsibilities
for the safety and protection of the Work shall continue until
such time as all the Work is completed and ENGI~EER has
issued a notice to OWN ER and CONTRAC10R in accord.
. ance with parugraph 14.13 that the Work is acceptable (except
as otherwise expressly provided in connection wilh Substan-
tial Completionl.
6.~ I. CONTRACTOR shull designate a respl1nsible rep-
resemutive at the site whose uuty shall be the prevention llt'
acciuenrs. This person shall be CONTRACTOR's superin-
tendent unless otherwise uesignated in writing by CO;.;.
TR.-\CTOR to OWNER.
Emergencies:
6:'21. 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 ENGfNEER or OWNER. is obligated to act to prevent
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes
that any significant changes in the Work or variations from
the Contract Documents have been caused thereby. IfENGI-
NEER determines that a change in the Contract Documents
is required because of the action taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of [he changes or.
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in acco'J:dance with the
accepted schedule of Shop Drawing submissions (see para-'
graph 2.9). or for other appropriate action if so indicated in
the Supplementary Conditions. five copies (unless ,otherwise
specified in the General RequirementsJ 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 ENG INEER to review the infor-
mation as required.
6.24. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause
no delay in Work. all samples required by the Contract Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. Sypplier.
pertinent data such as catalog numbers and the use for which
intended.
6.25.1. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri- .
fied all quantities. dimensions. specified performance cri-
teria. installation requirements. materials. catalog num-
bers and similar data with respect thereto and reviewed
or coordinated each Shop Drawing or sample with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents.
6.25.2. At the time of each submission. CONTR.'\.C.
TOR shall give ENGINEER specific written notice of each
variation that the Shop Drawings or samples may have
from the requirements llf the Contract Documents. and.
in addition. shllll cause a specific notat.ion [0 be mnde on
17
each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and samples. but ENGI-
NEER's review and approval will be only for confonnance
with the design concept of the Project and for compliance'
with the information given in the Contract Documents and
shall not e,\tend to means. methods. techniques. sequences
or procedures of construction (except where a specific means.
method. technique, sequence or procedure of construction is
indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CON-
TRACTOR shall make corrections required by ENGINEER.
and shall return the required number of corrected copies of
Shop Drawings and submit as required new samples for review
and approval. CONTRACTOR shall direct specific attention
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
6.17. 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 6.25.1 and
ENGINEER has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve 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 Worle performed prior to ENGI-
NEER's review and approval of the pen:inent submission will
be the sole expense and responsibility of CONTRACTOR.
Contimiing the Work:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule dUring all disputes or disagreements
with OWNER. No Worle shall be delayed or postponed pend-
ing resolution of any disputes or disagreements. except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise agree in writing.
lndemnificalum:
6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims, damages. losses and
expenses. 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 claini. damage. Joss or expense (a) is
attributable to bodily injury. sickness. disease or death. or to
injury to or destruction of tangible property (other than the
Work itselO including the loss of use resulting therefrom and
(b) is caused in whole or in pan: by any negligent act or
omission of CONTRACTOR. any Subcontractor. any person
or organization directly or indirectly employed by any of them
to perform or' furnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such party.
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants. agents or employees. by
any employee of CONTRACTOR, any Subcontractor, any
person or organization directly or indirectly employed by any
of them to perfonn 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 1;f damages.
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants. agents or employees arising out
of the preparation or approval of maps, drawings. opinions,
reports. surveys. Change Orders. designs or specifications.
ARTICLE 7-OTHER WORK
R,iDJ,d Work at Sil,:
7.1. OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces. have other work
performed by utility owners or let other direct contracts therefor
which shall coiuain General Conditions similar to these. If
the fact that such other worle is to be perfonned was not noted
in the. Contract Documents. written notice thereof will be
given to CONTRACTOR prior to stan:ing any such other
work; and. if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the panies are unable to agree
as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in An:icles 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 performing the additional worle with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such worle, and
shall properly connect and coordinate the Worle with theirs.
CONTRACTOR shall do all cutting, fitting and patching of
the Work that may be required to make its several pans come
together properly and integrate with such other work. CON-
18
TRACTOR shall not endanger any work of others by cutting.
excavating or otherwise altering their work and will only cut
or alter their work with the wrinen consent o(ENGINEER
and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under [his paragraph are
for the benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWN ER and such utility owners and other contractors.
7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner for OWNER). CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as lit and proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in tl)e other work.
C oordina1ion:
7.4. If OWNER contracts with others for the perfor-
mance of other work on the Project at the site. the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions.
and the specific matters to be covered by such authority and
responsibility will be itemized. and the extent of such author-
ity and responsibilities will be provided. in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions, neither OWNER itor ENGINEER shall have any
authority or responsibility in respect of such coordination. .
ARTICLE ~OWNER'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 (he former
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject (0 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 establish
reference points are set forth in paragraphs 4.1 'and 4.4. Para-
graph 4,2 refers to OWNER's identifying and making avail-
able [0 CONTRACTOR copies of reports ofexplora[ions and
tests of subsurface conditions at the site and in ~xisting struc-
"~""..
tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set 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 13.4.
8.8. In connection with OWNER's right to stop Work or .
suspend Work. see paragraphs 13.10 and 1;:;.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION ~
Owner's Representative:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
VisUs 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 to 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 th~ prog-
ress of the Work and will endeavor to guard OWNER against
defects arid deficiencies in the Work.
Project Representation:
9.3. If OWNER and ENGINEER agree. ENGI!'IEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties. responsibilities and limitations of authority \)f any.
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWNER at the site
who is not ENGINEER's agent or employee. the duties.
responsibilities and Iimitutions of authority of such \)ther
person will be as provided in the Supplementary Conditions.
19
Cltuijications and lnurprttlllions:
. 9.4. ENGINEER will issue with reasonable promptness
such wriuen clarifications or intcrpretations of the require.
ments of the Contract Documents (in the form of Drawings
orotherwisc) as ENGINEER may determine necessary. which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR
. believes that a wriuen clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree to the
amount or extent thereof. CONTRACTOR may make a claim
therefor as provided in Article 11 or Article 12.
AUlhoriud Var.4tions ill Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be aCcomplished by a
Field Order and will be binding on OWNER. and also on
CONTRACTOR who shaU perfonn the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the parties are unable to agree as to
the amount or extent thereof. CONTRACTOR may make a
claim therefor as provided in Article 11 or 12.
Rejecting D'fective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective. and
will also have authority to require special inspection or testing
of the Work as provided in paragraph 13.9. whether or not
the Work is fabricated. installed or completed.
Shop Drawings, Cluzng' Orders and Paymenu:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples. see paragraphs 6.13 through
6.29 inclusive.
9.8. In connection with ENGINEER's responsibilities as
to Change Orders. see Anicles 10. 11 and 12.
9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment. etc.. see Anicle 14.
Determi1Ullions for Unit Prices:
9. ]0. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on such matters
before rendering a written decision thereon (by recommen- .
dation of an Application for Payment or otherwise). ENGI-
NEER's written decisions thereon will be final and binding
Upon OWNER and CONTRACTOR. unless. within ten days
after the date of any such decision. either OWNER or CON-
TRACTOR delivers to the other party to the Agreement and
-:.-"
to ENGINJ;:ER wriuen notice of intention to appeal from
such a decision.
Decisions on DispUles:
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 Contract Documents
penaining to the performance and furnishing of the Work and
claims under Anicles II and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal decision
in accordance with this paragraph. which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim, dispute and other matter will be delivered
by the claimant to ENGINEER and the other pany to the
Agreement promptly (but in no event later than thiny days)
after the occurrence of the event giving rise thereto. and
written supporting data will be submitted to ENGiNEER and
the other pany within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascenain
more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11. ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect
to any such claim. dispute or other matter (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or other matter.
Limillzrums on ENGINEER's Responsibililies:
9.13. Neither ENGINEER.s authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENG INEER in good faith either to exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor. any Supplier. or any other person or organization
performing any of the Work. or to any surety for any of them.
9.14. Whenever in the Contract Documents the tenns "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 solely to
evaluate the Work for compliance with the Contract Docu.
ments (unless there is a specific statement indicating other.
wise), The use of any such lenn or adjective shall not be
20
effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary
to the provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for CON-
TRACTOR's means. methods. techniques. sequences or pro-
cedures of construction. or the safety precautions and pro-
grams incident thereto. and ENGINEER will not be respon.
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor. any
Supplier. or of any other person or organization performing
or furnishing any of the Work.
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 wiII be authorized by a Written Amendment. a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent. if any. of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Change. a claim may be made therefor as provided in Article
11 or Article 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contrnct 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 3.4and 3.5. except in the
case of an emergency as provided in paragraph 6.2.:! and
except in the case of uncovering Work as provided in para-
graph !J.9. .
IO.~. OWNER and CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendments) covering:
10.4.1. changes in the Work which are ordered by
OWNER pursuant to paragraph 10.1. are required because
of acceptance of defec/il'l! Work under paragraph 13.13 or
correcting dc!fectil'(! Work under paragraph 13.14. or are
agreed to by the parties:
10.4,.:!. changes in the Contract Price or Contract Time
which are agreed to by the parties: and
10.4.3. changes in the Contract Price or Contract Time
'which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9. I I:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations. but during any such appeal. CON- .
TRACTOR shall carry on the Work and adhere to the prog-
ress schedule as provided in paragraph 6.29.
10.5. If notice of any change atfecting the general scope
of the Work or the provisions of the Contract Documents
(including. but not limited to. Contract Price or Contract.
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such nOtice will be CONTRAC-
TOR's responsibility. and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE ll-CHANGE OF CONTRACT BRICE
11.1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties. responsibil-
ities and obligations assigned to or 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 a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (butin 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 amourit 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 in 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 anv claim for an increase or decrease in the Contract
Price sh~lI be determined in one of the following ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents. by.applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1. through
11.9.3. inclusive).
:![
11.3.2. By mutua! acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.6.2.1).
11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs I 1.4 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 tnl Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER. such costs shall be
in amounts no higher than those prevailing in the locality of
the Project. shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
I I .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 wllies
plus the cost of fringe benefits which shall include social
security contributions. unemployment. excise and payroll
taxes. workers' or workmen.s compensation. health and
retirement benefits, bonuses. sick leave, vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours. on Satur-
day, Sunday or legal holidays, shall be included in the
above [0 the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work. including costs of trans-
poftation and storage thereof. and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments. in
which case the cash discounts shall accrue to OWNER.
All trade discounts, rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained.
I 1.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors.
If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine. with the advice of ENGINEER, which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee. the Subcontractor's Cost of the Work
shall be determined in the same manner as CONTRAC.
TOR's Cost of the Work. All subcontracts shall be subject
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. SupplementaIcoslS including the following:
11.4.5.1. The proponion of necessary transporta-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.:!. Cost. inclUding transportation and main-
tenance. of all materials. supplies. equipment. machin-
ery, appliances. office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the perfonnance of the Work. and cost
less market value of such items used but nc# consumed
which remain the propeny of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery 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 costs of transportation, loading.-
unloading. installation. dismantling and removal
thercof-all in accordance with terms of said rental
agreements. The rental of any such equipmeilt. 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 permits and licenses.
11.4.5,6. Losses and damages (and related
expenses). not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRACTOR
in cormection with the perfonnance and furnishing of
the Work (except losses and damages within the
deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.9). pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR. any Subcontractor. or
anyone directly or indirectly employed by any of them
or' for whose acts any of them may be liable. Such
losses shall include settlements made with the wrinen
consent and approval of OWNER. No such losses.
damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRAC-
TOR's Fee. If. however, any such loss or damage
22
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 site.
11.4.5.8. Minor expenses such as telegrams. long
distance telephone calls. telephone service at the site.
e.xpressage and similar petty cash items in connection
with the Work.
1104.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for property insurance coverage within
the limits of the deductible amounts established b\'
OWNER in accordance with paragraph 5.9. .
11.5. The term Cost of the \Vork shall not include any of
the following:
11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers. executives. principals (of partner-
ship and sole proprietorships,. general managers. engi-
neers. arc hitccts. estimators. attorneys. auditors. accoun-
tants. purchasing and contracting agents. expeditors.
timekeepers. clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR's principal or a branch office for general administra-
tion of the Work and not specifically included in the agreed
upon schedule of job classifications referred to in para-
graph 11.4.1 or specifically covered by paragraph 1104.4-
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 orCONTRi\CTOR's capital expenses.
inClUding interest on CONTRACTOR'S capital emplo~'ed
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 1104.5.9 ,lbove).
11.5.5. Costs due: to the nerdilZence: of CONTRAC-
TOR. any Subcontrn~tor. or any~n~ directlv or indirectl\'
employed by any of l~~m or for whoc::e: act~ anv of [he~
ma~' be lillhle, in.:l!llIing but not Iimitell to. the ~orrection
of deJi.'[ ;i., "!.'urk. Jisposal lIt' materials or equipment
wrongly SUr ~"i~.. ~ ""aking guod any damage to prop-
erty.
11.5.6. Other ove:rhead or general expense: costs of .
any kind ,lnd [he Cllsts uf any item not spe:citically and
expressly induded in paragraph IIA.
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.
I (,6.2. a fee base:d on the following percentages of the
various portions of [he Cost of the Work:
11.6.2: I. for costs incurred under paragraphs 1104.1
and 11.4.2. the CONTRACTOR's Fee: shall be fifteen
percent :
11.6.2.2. forccsts 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 allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
~
...
11.6.2.3. no fee shall be payable on [he basis of
costs itemized under paragraphs lIAA. II A.S and 1 (.5:
11.6,2.4. 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 an amount equal to ten percenr of the
net decrease: and
11.6.2.5. when both additions and credits are
involved in anyone change. the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11.6.2.1
thro.Jgh 11.6.2.-+. inclusive:.
I!. 7. Wheneverrhe cost of any Work is [0 be determined
pursuant to paragraph 1104 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 alluwances 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 [he cost to CON-
TRACTOR (Jess any applicable trade discounts) of mate-
rials and equipment required by the allowances to be deliv-
ered at the site. and all applicable taxes: and
11.8.2. CONTRACTOR's costs fur unloading and
handling on the site. luhor. installation costs. overhead.
profit and other expenses contemplated for [he allowances
have be:en included in the: Contract Price and not in the
23
allowances. No demand for additional payment on account
of any thereof will be valid.
Prior to tinal payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances. and the Contract Price shall be correspond-
ingly adjusted.
Unu Price Work:
11.9.1. Where the Contract Documents provide that
all or part of the Work is to be U nit Price Work. initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10,
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR' s overhead and profit for each sep-
arately identified item.
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 11 if the parties 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 shonening of the Contract Time shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thiny 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 supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accom-
panied by the claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time
';/'
shall be detennined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRAcrOR cannot otherwise
, agree. No claim for an adjustment in the Contract Time will
be valid if not submitted in accordance with the requirements
of this paragraph 12.1.
12.1. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRAcrOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include. but not be limited to,
acts or neglect by OWNER or others performing additional
work as contemplated. by Article 7. or to tires. floods, labor
disputes. epidemics, abnonnal 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
Anicle- 12 shall not exclude recovery for damages (including
. but not limited to iees and charges of engineers, architects,
attorneys and other professionals and court an~ arbitration
costs) for delay by either party, ;.
ARTICLE 13-WARRANTY AND GUARANTEE;'
TESTS Al'\lD INSPECTIONS:
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Wamuuy and GlUU'tUlUe:
13..1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance-with the Contract Documents and will not be defective.
Prompt notice of all defects shall be given to CONTRAC-
TOR. All defective Worle. whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13.
Access tD Work:
13.2. ENGINEER and ENGINEER's representatives,
other representatives of OWNER. testing agencies and gov-
ernmental agencies withjurisdictionat 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.
Tens and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for all required inspections, tests or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or pan thereoO to specitically
be inspected. tested or approved, CONTRACTOR shall
assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required certificates
of inspection. testing or approval. CONTRACTOR shall also
24
be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN.
. ER's or ENGIN EER's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work. or of
materials or equipment submitted for approval prior to CON.
TRACTOR's purchase thereof for incorporation in the Work.
The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specified).
13.5. All inspections. tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR (or by ENGI~EER if so
specified).
13.6. If any Work lincludinlZ the work of others) that is
to be inspected. tested orapprov~d is covered without written
concurrence of ENGINEER. it must. if requested by ENG 1-
NEER. be uncovered for observation. Such uncovering shall
be at CONTRACTOR' s expense unless CONTRACTOR has
given ENGINEER timely notice ofCONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
13.7. Neither observations by ENGINEER nor inspec-
tions. tests or 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. [fany Work is covered contrary to the written request
of ENG[NEER. it must. if requested by ENG[).jEER. be
uncovered for ENGI:--JEER'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 make available
for observation. inspection ~r testing as ENGI:-.IEER ma\'
require. that portion of the Work in question. furnishing ail
necessary labor. material and equipment. If it is found thar'
such Work is cI,decri\,t'. CONTRACTOR shall bear all direct
indirect and co~seque:ntial costs of such unc~vering. expo~
sure. observation. inspe:ction and testimz and of s.ltisfactor\'
reconstruction. lincludinlZ but not limited to fees and charlZe:~
of engineers.' architects. ~trorneys and other profe:ssionais I.
and OWN ER shall be emitled (0 an appropriate decrease in
the Contract Price. and. if the parties an~ unable to agree as
to the amoun t the:reof. mu~' make a claim the:refor:1=, provided
in Article II. If. hOlt ever. such Wvrk is not t'l'und to be:
c1e.f('cri\'(,. CO;..;TRACTOR "hull be allowed an increase in
the Cvntract p,.j\.l. ':1' ..i\ <:.\i~nsion of the: Contra.:t Time. l'r
both. Jiret:lly auril1utable lv such uncovering. exposure:.
obse:r\'ution. in=,pection. testing and reconstructh,'n: and. it'
the purries are unuble 10 ugre~ as to the lImoum vI' e.xtenl
thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles (1 and 12.
Owner May Stop the Work:
13.10. If the Work is defeeril'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 S!oP the
Work. or any portion thereof. until the cause for such order
has been eliminated: however.. this right of OWNER to stop
the Work shall not give rise to any duty on the part of OWNER
to exercise this right for the benefit of CONTRACTOR or.
any other party.
Correction or Removal of Defective Work:
13.11. If required by ENGINEER. CONTRACTOR shall
promptly. as directed. either correct all defeeril'e Work.
whether or not fabricated. installed or completed. or. if the
Work has been rejected by ENGINEER. remo.ve it from the
site and replace it with nondefeeril'e Work. CONTRACTOR
sha!1 bear all direct. indirect and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers. architects. attorneys and other profes-
sionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre.
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents. any
Work is found to be defeeri\'e. CONTRACTOR shall promptly.
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such defec.ri\'e Work. or.
if it has been rejected by OWNER. remove it from the site
and replace it with lIondefeeti\'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 deJtn.ri\'e Work cor"
rected or the rejected Work removed and replaced. and all
direct. indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of
engineers. architects. attorneys and other professionals) will
be paid by CONTRACTOR. In special circumstances where
a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work. the correction
period for that item may start to run from an earlier date if
so provided in the Specifications or by Written Amendment.
A.cceptance of Defective Work:
13.13. If. instead of requiring correction or removal and
replacement of defecti,'/! Work. OW:--JER (and. prior to
ENGINEER.s recommem.lution of final payment. also
ENGINEER) prefers to accept it. OWNER may do so. CON.
TRACTOR shall bear all direct. indirect and consequential
:;5
costs attributable to OWNER's evaluation of and determi-
nation to accept such defective Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges.of engineers. architects. attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment. .a
Change Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in
the Contract Price. and. if the parties are unable to agree as
to the amount thereof, OWNER may make a claim therefor
as provided in Article I 1. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11, or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents. or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents. OWNER may, after seven days' writ-
ten notice to CONTRACTOR. correct and remedy any such
deficiency. In exercising the rights aDd remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action. OWNER
may exclude CONTRACTOR from all or part of the site, take.
possession of all or part of the Work. and suspend CON-
TRACTOR's'services related thereto. take possession of
CONTRACTO R . 5 tools. appliances. 'construction equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
tatives. agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct, indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Order will be issuecj incorporating the necessary revisions in
the Contract Documents with respect to the Work: and
OWNER shall be entided to an appropriate decrease in the
Contract Price. and. if the parties are unable to agree as to
the amount thereof. OWNER may make a claim therefor as
provided in Article 11. Such direct. indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers, architects, attorneys and other professionals.
all COUrt and arbitration costs and all costs of repair and
replacement of work of others destroyed or damaged by
correction, removal or replacement of CONTRACTOR's
defective Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in per-
formance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
ARTICLE I4-PA YMENTS TO CONTRACTOR AND
COMPLETION
Sch,dule of Values:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and wiJI be incorporated iDlO a form of Application for Pay.
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
App&aJionfor Progress Paymeru:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the CODlract Documents. Ifpayment is requested
on the basis of materials and equipment notjnc~rporated in
the Work but delivered and suitably stored at the site or at
another location agreed to in writing. the Application for
Payment shall also be accompanied by a bill of sale. invoice
or other documentation warranting that OW1':lER has received'
the materials and equipment free and clear of all liens, charges.
security interests and encumbrances (which are h.ereinafter
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-
isfactoryto OWNER. The amount of.retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty ofTuu:
]4.3. CONTRACTOR warrants and guarantees that tide
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.
Rev;.,w of AppJiauions for Progress Paymeru:
14.4. ENGINEER will. within ten days after receipt of
each Application for Payment. either indicate in writing a
recommendation of payment and present the Application to
OWNER. or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case, CONTRACTOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation. the amount rec-
ommended will (subject to the provisions of the last sentence
of par.i.graph 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
26
representation by ENGINEER to OWNER. based on ENGI-
NEER's on-site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
NEER's review of the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the poine indicated: that. to the best of ENGI-
NEER's knowledge. information and belief. the quality of
the Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. to the resulcs of any
.subsequent tests called for in the Contract Documents. to a
nnal determination of quantities and classifications for Unit
Price Work under paragraph 9.10. and to any other qualifi-
cations stated in the recommendation): and that CONTRAC-
TOR is entitled to payment of [he amount recommended.
However, by recommending any such payment ENGINEER .
will not thereby be deemed to have represented that exhaus-
tive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specitically assigned to ENGINEER in the
Contract Documents or that there ciJay not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR. .
14.6. ENGINEF:R's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR's being entitled to final payment as set forth in paragraph
14.13 have been fulfilled.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGINEER's opinion. it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment. or. because of subsequei'ltly discovered evidence or
the results of subsequent inspections or tests. nullify any SUch
payment previouslv recommended. to such extent as may be
necessary in ENGrNEER.s opinion to protect OWNER f~om
(oss because:
[4.7.1. the Work is defecril'e, or completed Work has
been damage? requiring correction or replacement.
(-1.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order.
14.7,3. OWN ER has been required to correct de..fi!c-
ril'e Work or complete Work in accordance with paragraph
13.14,or
1-1.7.4, of ENGINEER's actual knowledge of the
occurrence of any of the events enumerated in paragraphs
15.2. I through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount
recommended bv ENGIN EER because claims have been
made against OWNER on account ofCONTRACTOR's per-
. ~ormnnce 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 recommended. 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 the entire Work is
substantially complete (except for items specilically listed by
CONTRACTOR as incomplete) and request [hat ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and-
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. If ENGIN EER does not con-
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete.
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shalllix the date
of Substantial Completion. There shall be :ittached to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If. after considering such objec-
tions. ENGINEER concludes that the Work is not substan-
tially complete. ENGINEER will within fourteen days after
submission of the tentative certificate [0 OWNER notify
CONTRACTOR in writing. staCing the reasons therefor, If.
after consideration of OWNER's objections. ENGINEER
considers the Work substantially complete. ENGINEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion {with a revised tentative list of items to be com-
pleted or corrected} reflecting such changes from the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWNER. At [he time of deli very
of the tentative certificate of Substantial Completion ENGI-
N EER will deliver to OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
linal 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 the definitive
certificate of Substantial Completion. ENGINEER.s afore-
said recommendation will be binding on OWNER :lnd 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 Utilization:
14,10. Use by OWNER of any finished part of the Work,
which has specitically been identified in the Contract Do!:u-
27
ments, or which OWNER. ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part of the Work that can be used by OWNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work. may be accomplished prior to
Substantial Completion of all the Work subject to the follow-
ing:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees. CONTRACTOR will certify to OWNER
and ENGINEER that said part of the Work is substantially
complete and request ENGINEER to issue a certificate of
Substantial Completion' for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that pan of the Work.
Within a reasonable time after either such request. 0 WNER.
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.
14.10.1. OWNER may at any time request CON-
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to. ENGINEER and within a reasonable time there- .
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or 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 forthat part of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such pan of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to
complete other related Work.
....;."'-., .
14.10.3. No occupancy or separate operation of part
of the Work will be accomplished prior 10 compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Fintzl Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI.
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi.
ciencies.
FilUZl Appli&aJion for Paymelll:
14.12. After CONTRACTOR has completed all such cor.
rections to the satisfaction of ENGINEER and delivered all
mainten~ce and operating instructions, sched\.lles. guaran.
tees. Bonds. certificates of inspection. markB'd-up reco~
documents (as provided in paragraph 6.19) and other docu.
ments--aJI as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub.
ject to the provisions of paragraph 14.16). CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract DoCuments, together with complete and legally
effective releases or waivers (satisfactory 10 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.
FilUZl Payment and Acceptance:
14.13. If. on the basis of ENGINEER's observation of
the Work during constrUction and final inspection. and
ENGINEER.s review of the final Application for Payment
and accompanying documentation-all as required by the
Contract 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 writing ENGINEER's reC-
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of paragraph 14.16.
28
Otherwise. ENGINEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final payment-. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thirty days after presentation to OWNER of the
Application and accompanying documentation. in appropri-
ate form and substance. and with ENGINEER's recommen- .
dation and notice of acceptability. the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR. (In accordance with the
Georgia Prompt Pay Act).
14,14, If. through no fault of CONTRACTOR. final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms, OWNER shall. upon receipt of CON-
TRACTOR.s final Application for Payment and recommen-
dation of ENGINEER. and without terminating the Agree-
ment. make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment. and if Bonds have been furnished as required in para-
graph 5,1. the written consent of the surety to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov-
erning final payment, except that it shall not constitut~ a
waiver of claims,
Contractor's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress
or final payment by ENGINEER. nor the issuance of a cer-
tificate of Substantial Completion. nor any payment by
OWNER to CONTRACTOR under the Contract Documents.
nor any use or occupancy of the Work or any part thereof by
OWNER. nor any act of acceptance by OWNER nor any
failure 10 do so. nor any review and approval of a Shop
Drawing or sample submission. nor the issuance of a notice
of acceptability by ENGINEER pursuant to paragraph 14.13.
nor any correction of defective Work by OWNER will con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR.s obli-
gation to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.16l.
Wai~'er of Claims:
14.16. The making and acceptance of final payment will
conslitute:
14,16.1. a waiver of all claims by OWNER against
CO~TRACTOR. except claims arising from unsettled
liens. from de/(!n;\'(' Wurk appearing after tinal inspec-
tilln pursuant to paragraph 14.11 or from failure tll compl~'
with. the Contract Documenrs or the terms of any special
guarantt:es specifieu therein: however. it will not consti-
tute a waiver hy OWNER of any rights in r~spCCl llf
CONTRACTOR's continuing obligations under the Con-
tract Documents: and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE 15-SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
15,1. OWNER may. at any time and without cause. sus-
pend the Work or any portion.thereoffor a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR. shall be allowed an increase in the
Contract Price or an extension of the Contract Time. or both.
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provide~n Articles 11
and 12.
Owner May Terminate:
15.2. Upon the occurrence of anyone or more of the
following events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title 11. United
States Code), as now or hereafter in effect, or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency:
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing, or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency,:
15.2.3. if CONTRACTOR makes a general assignment
for the benefit of creditors:
15,2.4. if a trustee. receiver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authority to take charge
of property of CONTRACTOR is for the purpose of
enforcing a lien against such property or for the purpose
of general administration of such property for the benefit
ofCONTRACTOR.s creditors:
. 15.2.5, if CONTRACTOR admits in writing an inabil.
ity to pay its debts generally as they become due:
15.2.6. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
29
(including. but not limited to. failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule establiShed under
paragraph 2.9 as revised from time to time):
15.1.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction:
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER: or
15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments;
OWNER may, after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations. terminate the services
of CONTRACTOR. exclude CONTRACTOR from the site
and take possession of the Work and of all CONTRACTOR' s
tools. appliances. construction equipment and machinery at
the site and use the same to the fulI extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion). incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct. indirect and
consequential costs.of completing the Work (including but
not limited to fees and charges of engineers. architects. attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance. CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work. performed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWN ER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER. OWNER may. withOUt cause and
without prejudice to any other right or remedy, elect to aban-
don the Work. and terminate the Agreement. In such case.
CONTRACTOR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses. which
will include, but not be limited to. direct. indirect and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects. attorneys and other professionals
and court and arbitration costs).
C01llTactor May Stop Work or Tenninau:
15.5. If. through no act or fault of CONTRACTOR. the
Work is ~uspended for a period of more than ni~ty days by
OWNER or under an order of court or other public authority.
or ENGINEER fails to act on any Application for Payment
within thirty days after 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 6.19 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.]
.:~.:': .
30
ARTICLE 16--ARBITRATION
16.1 All claims, disputes and other matters in question between
OWNER and CONTRACTOR arising.ciut of, or relating to, the Contract Docu-
ments or the breach thereof shall be decided under Georgia Law in the
Superior Court of Richmond County, Georgia.
(The remainder of this page was left biank intentionally.)
';..
.>r_;"
31
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(This page was left blank intentionally.)
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32
ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provision of the Contract Docu-
ments requires the giving of written notice. it will be deemed
to have been validly given if delivered in person to the indi-
vidual or to a member of the finn or to an officer of the
corporation for whom it is intended. or if delivered at' or sent
by registered or certified mail. postage prepaid. to the last
business address known to the giver of the notice.
CompU/aiion o/Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days. it will be computed to exclude
the first and include the Ia.st day of such period. If the last
day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable
jurisdiction. such day will be omitted from the computa-
tion.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
Glneral:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error. omis-
.:;,.~:_;:
sion or act of the other party or of any of the other party's
employees or agenES or oUieTS for whose acts the other party
is legal1y liable. claim will be made in writing to the other
party within a reasonable time of the first observance of such
injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the parties hereto. and. in particular but without
limitation. the warranties. guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.30.13.1.13.12.13.14.
14.3 and 15.2 and all of the rights and remedies available to -
OWNER and ENGINEER thereunder. are in addition to.
and are not to be construed in any way as a limitation of. any
rights and remedies availllble to any or all of them which are
otherwise imposed or available by Laws or Regulations. by
special warranty or guarantee or by other provisions of the
Contract Documents. and the provisions of this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each particula~uty. obliga-
tion. right and remedy towhich they apply. All representa-
tions. warranties and guarantees made in the Contract Doc-
uments will survive final payment and termination or com-
pletion of the Agreement.
33
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
<__'I;:
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
liens, charges, security interest and of all liens, charges, security interest and
other encumbrances shall be attached to the payment request.
1.7 ENGINEER:
All references to "Engineer" shall be interpreted to mean the 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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ORIGINAL I
SECTIONP
PROPOSAL
Date: ~ec.e--ber- // 2oc> G..
,
Gentlemen:
In compliance with your invitation for bids dated /2-// , 200~ the undersigned hereby
. proposed to furnish all labor, equipment, and materials, and to perform all work for the
installation of roadway improvements, and appurtenances referred to herein as:
Pinnacle Place Subdivision Erosion & Drainage Improvements
Project Number: 322-04-203822642
In strict accordance.with the Contract Documents and in consideration of the amounts shown on
. .
the Bid Schedule attached hereto and totaling:
5:~ ,4...ekJ ~ 'c?x.e-7ht9./.r~d1 O.ge ~-hd ele-ve.-;-; a-d
12" Oi:? DOLLARS ($ '&,cI-/. // I, .~ )
I
The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days
of receipt of such notice execute a formal contract agreement with the OWNER, and that he will
provide the bond or guarantees required by the Contract Documents.
The undersigned hereby agrees that, if awarded the contract, he will commence the work within
10 calendar days after the date of written notice to proceed, and that he will complete the work
within 180 calendar days.
The undersigned acknowledges receipt of the following addenda:
;</0'" e
Respectfully submitted
"231.,..;,... c::;"A~-/rvc--h-"",.., ~C-,
(Name of Firm) /
~o. 15e>'IC- ?')o c::&--~r G# 3~li3o"
(Busines~ Address)
By: liJA-:-/<-..
Title: \/'"ee ----;>/'eTrde_
P -1
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PINNACLE PLACE SUBDMSION EROSION AND DRAiNAGE IMPROVEMENTS
PROJECT #322-04-203822642
~!1tJ~d:~~i~i~~:t~:;'~~i~~Z~:i::,; ~<~:i~~:~D;i~;~~11:w (;~~~~i:'~: i~:. ~ .>:". : . ,~ .:' ,~~~jY~;".~ ':;~~:{; )ih, ,~\\~; f :'~: : \:; ", > .: ~; ':~':, ' :., "'. ,';..
001-1000 FORCE ACCOUNT LS 1 $59.000 $59,000
oe> /i30D ~
150-1000 TRAFFIC CONTROL LS 1 /Boo --
171-0010 TEMPORARY SILT FENCE, TYPE 'A' LF 1,900 3!!- ?~Z'7'~
. 7B 2-1")j!, ~
207-0203 TYPE II BACKFILL CY 100 2-/ -'
. .. /58 Z. ')(p3E.. /58Z.)U:?~
210-0100 GRADING COMPLETE LS 1
coo QD'
230~ 1 000 LUMP SUM CONSTRUCTION LS 1 zB~oo - 2-B&:"oo --
310-1101' AGGREGATE SURF ACE COURSE TN 100 /b~ /~5'S- ~
441-0016 CONC DRIVEWAY, 6" ~S'~. 00
SY 60 2.')00 -
~ 00 /&00 ~
441-0104 CONC SIDEWALK., 4" SY 40 0-
CONC CURB & GUTTER, 6" X 24", /3~ . &>0
441-6012 TP2' LF 1,200 I~ /q,o -
CLASS A CONC INCLD, REINF S9'? ~ ? /'7? 40
500-3800 STEEL CY 12
STORM DRAIN PIPE, RCP, 18" DIA 3, /0 /2-&::>3 ~
550-1180 (HI -10) LF 35 G?-
STORM DRAIN PIPE, RCP, 24" DIA ~o /2, //O~7 ~
550-1240 (HI-10) LF 230 0-
STORM DRAIN PIPE, HDPE, 24"DIA #~ /0
550-1241 (HI-I0) LF 665 ZCJ BSs-' -
STORM DRAIN Pll'E, RCP, 30" DIA 6& , !:!- 2-rl-5' fP<J- ~
550-1300 (HI-I0) - LF 370
STORM DRAIN PIPE, lIDPE, 30" DJA 52-~ 9~s-) ~
550-1301 (HI-IO) LF 180
STORM DRAIN PIPE, RCP, 36" DIA Sri- ~ 33?cI-~
550-1360 (Hl-lO) LF 40
STORM DRAINPIPE, HDPE, 36".DJA ~g~. /4:/ .332-- ~
550-1361 (Hl-IO) LF 240
STORM DRAIN PIPE, RCP, 48" DIA /35' ~ G"'7'~~~
550-1480 (HA-1Of) LF 50
STORM DRAIN PIPE, RCP, 48" DIA 1")/ ~ /~~~ ~
550-1481 . (HI0-20") LF 85
FLARED END SECTION, 24" /k"~ /?-ot> ~
550-4224 DJA.,RCP EA 1
603-1018 /A ~? Z,o?3 ~
STONE PLAIN RIP-RAP, 18" TK SY SO .~ 1-
603-7000 PLASTIC FILTER F AERIC SY 50 ~~ '3;0 ~
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REMOVE CHAlN LINK FENCE, ALL 2/S 3S-"/:::- ~
610-0200 SIZES & TYPES. LF 1,300
REMo.VE WOOD FENCE. ALL SIZES 3~' 00
610-0220 & TYPES LF 900 2~')o -
610-1880 REMOVE STORM DRAIN PIPE LF 310 34-~' /OSS'"~ ~
REMOVE CATCH BASIN, DROP 3/2- ~. />~2- ~.
610-5715 INLET OR JUNCTION BOX EA 5
6io-5885 oil? c;> c;;>
REMOVE HEADWALL, ALL SIZES EA 1 3'10- .330-
611-1065 RELAY STORM DRAIN LINE LF 10 3tP ~ 3ro8> ~
RESET CHAIN LINK FENCE, ALL &;~ 4840 ~
611-5029 SIZES & TYPES LF 800
RESET WOOD FENCE, ALL SIZES & /2-~' //385 ~
611-5030 TYPES, LF 900
611-8050 ADJUST MANHOLE TO GRADE EA 1 //132. ~ //82.. ~
CHAlN LINK FENCE. pyC COATED, ./)~ /~ !!?-
643-1452 6'.9GA LF 835
GATE 12' WIDE, CHAIN LlNK., PVC &)9'~ ~ 9'7S'~
643-8030 COAT EA 1
668-11 00 CATCH BASIN, GP 1 EA 6 Z88/~ /72138 ~
668-1110 CATCH BASIN, GPl, ADDmONAL 2-'72-- ~ . /f?-tb2- ~
DEPTII, CLASS 1 LF 5
668-2100 DROP INLET, GAP 1 EA 5 &/5"oS-~ "22. 52- C; ~
DROP INLET, GPl SPECIAL DESIGN 3~'79-~ 3S-'7~~ .
668-2105 (JB #B3) EA 1
DROP INLET, GP 1. ADDTDEPTII, 4'-5"5'~. 4S'"~ ~
668-2110 CLASS 1 LF 1
DROP INLET, GP1. ADDT DEPTH, . /f13?~ 3rr/Z ~
668-2111 CLASS 2 LF 7
668-4300 STORM SEWER MANHOLE, TYPE 1 21370 ~ 32-
EA 7 200'75"" -
STORM SEWER MANHOLE, TYPE /'75' ~ /'7~0 ~
668-4311 1, ADDT DEPTH, CLASS I LF 10
STORM SEWER, MANHOLE,. TYPE oD /5(Po ~
668-4312 l~ ADDT DEPTH, CLASS 2 . LF 6 2&0 -
~Z !!::.. . /0
668-4400 STORM SEWER, MANHOLE, TYPE 2 EA 1 ~2--
STORM SEWER MANHOLE, TYPE 2, 00 2..2~) S- ~
668-4412 ADDT DEPTH, CLASS 2 LF. 7 32-5-
JUNCI'ION BOX (INTERFERENCE ~ /75"132- ~
668-5001 BOX) EA 6 2'730 -
JUNCTION BOX -SPECIAL DESIGN /03:rr.r-€9- /0 35'r/-- ~
668-5005 (OUTLET STRUCTURE #Cl) EA 1
670-7015 DRAIN INLET, 15" EA 5 /O~~ 5"Z:z..S' ~
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670-1060 WATER MAIN, 6" DIA, DIP 2-9' ~ c;;c::>
LF 1,000 :zey3fX;J -
MISCELLANEOUS WATER MAIN ..
3~ OC'
670-1061 FITTINGS LBS 2,500 96'5'.0 --
. .
~/2., ~ .' 2,0
670-2060 GATE VALVE, 6" DIA EA 2 /22.5 -
d?O 2. ?:5'"0 ~
670-9710 RELOCATE EXIST, FIRE HYDRANT EA 1 2 ?"5"'D -
GRASSING COMPLETE (2;85 - 'c,cf&o~ &,~O~
700-5000 . ACRE) . LS 1
PERMANENT SOIL REINFORCING
MAT (FOR CHANNEL AND SLOPE B~ 0.0
710-9000 STABILIZATION) SY 2,500 Z-oooo -
CONTRACT GRAND TOTAL fpf-t //1. ~
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LUMP SUM CQNSTRUCTION
PINNACLE PLACE SUBDMSION EROSION
AND DRAINAGE IMPROVEMENTS
NOTE: List all Lump SUDl Construction items in detail with associated costs. F AII"URE TO '.
PROVIDE THIS BREADKDOWN MY DISQUALITY THE BID.
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2 Gt:?'iI:"-7 ~/= I
00
$ 3000
$ ~ooo OC'"
-
$ z:. 000 00
-'
$ 3ooc::> 00
500 00
$ -
7000 00
$ --
$. Gpo 00
300C> DO
$ -'
3S-oo '00
$ -
$
$
$
$
$
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4 7?ec.o..-?""#'c-'.I- ~~<9'" ~/"',ces
5 P~o'/' :[-,---7
6 ~....c4 i =Z;:;fv"'--~e-
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8 ~b, J.-ZJ,,-o-,
9 ,.c;:--I c7e~ - &/ /'
1.0
11
1.2
13
14
15
$
]6
$
TOTAL UJMP SUM AMOUNT $
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CRUSHED STONE CONSTRUCTION EXIT
TO 13E USED .ss DIREi::n1J BY 'THE ENGINEER WHERE CONS'l"RUcnOH TAAFFlc IS ENTERiNG, ^ PUBUC fJA\1:D R(W).
PA"r1.{ENr nJ BE INClUDED IN 'PRIC!: BID FOR WIJP stILI CONSTFIUCilON OR OTHER CONTlV.C1 BID ITEJ.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 payrllent 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 following materials:
Graded Aggregate Subsection 815.01
Coarse Aggregate Size 467 Subsection 800.01
Stabilizer Aggregate Type 1 or 2 Section 803
Crushed Stone Subsection 806.02
All materials to be used as directed by the Engineer
AS-BUILT PLANS:
The Contractor shall furnish a complete, legible set of "as-built" plans, in good condition, to the
Project Inspector prior to the date of the Final Inspection. Such plans shall have all significant
changes marked in red. The Project Inspector shall review the marked plans for accuracy,
legibility, and completeness. After the Project Inspector approves and signs the redlined plans, a
qualified engineering firm, selected by the contractor, shall make arrangements to obtain the
original approved plans from the Engineering Department Office. After originals have "as built"
information incorporated, they shall be stamped and signed on the cover sheet by a Georgia
Registered Professional Engineer and returned to the Project Inspector for final processing. The
Project Inspector shall sign the as-builts and place them in the permanent record files. There will
be no separate payrllent 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.
G -1
COMPACTION:
All compaction shall be as defined in the current edition of Georgia department of Transportation
Specifications. Special attention shall be given to the backfill of minor structures (pipe, box
culverts, manholes, catch basins,' drop inlets, curves and gutters, 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 cubic yard. Class "B" concrete shall have a minimum of 470 lbs. Cement per cubic yard.
Concrete not meeting these requirements will be rejected by the Engineer.
NOTE: No concrete shall be placed until all required equipment such as slump cone, curing
compound and dispensor, etc., all in good working condition, are on the site. Inspectors must be
given a minimum one-hour advance notice. No concrete shall be placed without the Inspector
present unless otherwise directed by the Engineer. All concrete shall be placed during the
Inspectors normal working hours, 8:30 a.m. to 5:00 p.m. unless otherwise directed by the
Engineer. Formed surfaces shall receive finish immediately after removing forms. Forms shall
be removed as provided in Section 500 of GA.DOT Specifications.
CONSTRUCTION:
Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite curb, header
curb, etc.) shall be paid for in the unit price bid for curb and gutter unless otherwise noted.
At locations where new pavement is to be placed adjacent to existing pavement, without an
overlay, or where curbing is to be placed across paved parking lots, a joint shall be sawed on a
line to ensure pavement removal to be neat. Only those joints sawed in concrete pavement will
be paid for under the pay item-Sawed Joints. . . per Linear Foot.
Where curb and gutter is used and the shoulder elevations are higher than adj acent ground, the
actual direction of drainage runoff shall be determined by the Contractor. He shall make such
provisions as necessary to ensure that no ponding is caused by the new construction. He may
place additional fill to provide drain inlets. Compensation will be under the price bid for the
appropriate pay item. Driveway profiles may also be altered allowing the concrete pad to slope
down outside the back of the curb line not to exceed an algebraic difference of 0.07. This should
G-2
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be used primarily on the high side of super-elevated curves. The Contractor should use caution
with standard variance and place special emphasis on hydraulic considerations.
The Contractor shall provide borrow and/or waste pits for this project. All pits acquired for use
on this project shall be reclaimed in accordarlce with Subsection 107.23 and Section 160 of the
Standard Specifications and page PPA-1 of this document.
All storm drain pipe, side drain pipe, pipe culvert wing-walls, steps, retaining walls, curbs and
gutters, headwalls, all types of pavement, wooden structures, except those specifically shown as
a removal pay item will be removed as Clearing and Grubbing, Grading Complete, Grading
Per Mile on Lump Sum Construction..
Cut and fill slopes outside of clear zones may be adjusted on construction where necessary to
remain within the right of way.
Curb cut ramps in accordance with Standard 9031- W are to be used at all street intersections on
this project.
Asphalt milling where specified for use on existing pavement that is to be resurfaced adjacent to
curb and gutter. Finished surface on asphalt pavement shall not exceed Y4" above the gutter line
as shown. on Georgia Standard 9031-J.
CONSTRUCTION LAYOUT:
Construction layout work shall be performed by the Contractor. See Section 149 of the Standard
Specifications.
CONSTRUCTIONIUTILITY SCHEDULE:
The contractor shall prepare an overall Time-Logic Schedule that includes all major utility
relocations, proposed utilities, and construction activities. A detail schedule for utility relocations
from all utility companies shall be submitted to the contractor prior to the PreConstruction
meeting. The Contractor shall present this schedule at the Preconstruction meeting for
discussion. The schedule shall consist of the following:
1. The noted Responsible Agency for each activity (e.g., Contractor, Sub-Contractor, Utility
Company)
2. The ES-Early Start, EF-Early Finish, LS-Late Start, and LF-Late Finish dates.
3. The Project Critical Path.
4. Activity Durations.
After the Preconstruction meeting, the Contractor shall provide a revised schedule with all issues
and concerns addressed. The revised Time-Logic Schedule shall be color coded with respect to
responsibility, and shall be presented on D size paper (24" x 36")
The schedule shall be updated on a monthly basis displaying percentage of completion of all
activities. The project baseline and current date line shall appear on all updates.
The schedule shall be presented using Microsoft Project, Primavera softwares.
G-3
Sample ConstructionfUtiIitv Schedule
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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 hislher designated representative.
EROSION AND SEDIMENT CONTROL:
The contractor shall be responsible for all soil erosion and sediment control practices. All on-site
erosion control shall comply with local Augusta-Richmond County Erosion and Sediment
Control Ordinances. The cost of the work shall be included in the cost of Lump Sum
Construction unless shown as a separate pay item.
EXCESS MATERIAL:
All excess material is to be disposed of as directed by the Engineer or as noted in Sub-Section
107.23 ofthe Specifications and in accordance with page PPA-l.
FENCE:
All new fences called for on the plans and/or contract documents shall meet the requirements of '
Section 643 of the Georgia Department of Transportation Standard Specifications, current
edition. New fence not meeting these Specs will be rejected.
In contracts, where remove and reset fence items are involved (either as pay items or as Lump
Sum Construction) all replacement fence shall be equal to or better than the existing fence as
approved by the Engineer. This means equal to or better than the original fence at the time of its
installation.
In accordance with Subsection 643.03D, the Contractor must furnish positive locking devices,
padlocks, and keys with all gate assemblies.
FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this project are to be
returned to the pre-existing shape and slope and then finished and dressed. No separate payment
will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown
as a pay item.
FLAGGING:
Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special
Provisions, and as required by the Engineer.
All 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).
G- 5
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 traffic control shall be placed in advance of the flagging operation in
accordance with the MUTCD Current Edition. In addition to the signs required by the MUTCD,
signs at regular intervals, warning of the presence of the Flagger shall be placed beyond the
point where traffic can reasonably be expected to stop under the most severe conditions for that
day's work.
FOUNDATION BACKFILL MATERIAL. TYPE I:
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207
of the Standard Specifications. No separate payment will be made for this material or its
placement.
FOUNDATION BACKFILL MATERIAL. TYPE II:
Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and Section
207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the
Engineer. It shall also be used beneath all concrete box culverts. Quantities shall be measured
for payment in accordance with Georgia Standard 1030-D or as directed by the Engineer.
Payment shall be per cubic yard unless otherwise specified in the contract.
GRADES:
With the approval of the Engineer, grades may be field adjusted to provide for best drainage.
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.
G- 6
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.
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 ofthe project unless shown as a separate pay item.
All unpaved and natural areas which are disturbed by the construction of this project are to be
returned to the pre-existing shape and slope and then finished and dressed. No separate payment
will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown
as a pay item.
Discontinued roads or other areas inside or outside the project construction limits, but within the
existing or required right-of-way, shall be obliterated and restored as nearly as possible to the
original contour of the ground (see Section 205 of the Standard Specifications). No separate
payment will be made for this work.
Where item number 700-5000 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 nitrogen. No separate measurement for payment will be made for any work
or materials required to accomplish a stand of permanent grass.
If a satisfactory stand of permanent grass has not been obtained prior to the Final Inspection the
contractor shall begin watering and continue watering until a permanent stand of grass is
accepted by the Engineer. Water sources shall 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 proj ect 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 Represent~tive.
LANDSCAPING:
All the requirements of Section 702 of the Georgia Department of Transportation Specifications,
current edition, are applicable to this project except as follows: there will be no separate pay for
staking, including Perimeter Staking and for Spring Application of Fertilizer. All costs shall be
included in prices bid for Landscape Items. Bag grown plants are not acceptable.
G-7
MAILBOXES:
Existing mailboxes that are in conflict with the proposed construction shall be removed and
relocated. Where feasible the existing mailboxes and supports may be utilized as approved by
the Engineer so long as the supports are of metal PIPE with a maximum diameter of two (2)
inches or wood, with a maximum diameter of four (4) inches.
NOTE: There shall be no supports of any material other than the two mentioned above. All
existing mailboxes and supports containing brick, masonry of any type, metal, etc. shall be
disassembled and all components, not meeting the above requirements, shall be removed from
the project and disposed in a proper manner.
When not shown as a pay item, payment shall be included in the price bid for Lump Sum
Construction and itemized as such.
MISCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction
Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or special design shall
be paid for Per Each. There will be no separate payment for additional depth unless specifically
shown as a pay item.
NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., with concrete
topslabs shall include manhole rings and covers. The Contractor shall install the manhole rings
and covers such that the steps can be easily accessed.
NORMAL WORKING HOURS:
The normal working hours for ARC Inspectors are from 8:30 AM to 5:00 PM. When the
contractor elects to work outside these hours he shall be billed for the Inspectors salary plus
benefits unless such work is initiated by the Owner. The contractor may utilize a certified testing
company in lieu of the ARC Inspector when approved by the Engineer. Payment for the
contractor's testing company will be the responsibility of the contractor. (See article below on
TESTING.
PATCHING AND REPAIR OF MINOR DEFECTS:
Where needed, the contractor is required to patch and repair existing potholes, minor pavement _
defects, and base failures in accordance with the Specifications.
PAVEMENT CUTS:
All pavement cuts shall be sawed with a neat vertical edge, regardless of material, consistently
straight enough that a roller can follow the edge precisely to achieve the desired compaction.
Irregular edges will not be accepted. Payment shall be included in the price ofthe pipe.
PAYMENT FOR PIPE CULVERT INSTALLATION:
1. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing
existing pavement and replacing the pavement as specified in accordance with Standard 1401.
2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete (See
Georgia Standard 9031-L).
G- 8
PIPE CULVERTS:
Unless otherwise noted, all storm drain, longitudinal and stub pipes are to be reinforced concrete.
All required pipe culverts shall bein accordance with Standard 1030-D.
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No separate
pay item will be made for this material for its placement.
Payment for pipe culvert or utility installation includes sawing and/or cutting and removing
existing pavement, sidewalk, curbing, etc., and replacing same as specified in accordance with
Standard 1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B"
concrete and for construction concrete collars.
The Contractor shall include in his price bid for pipe, the additional cost of bends, tees, fasteners,
appropriate gaskets (see Section 848 of the Standard Specifications), and structure excavation.
PRECAST CONCRETE UNITS:
Precast Concrete Units, other than those specifically allowed by Georgia Department of
Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc.; shall not be
installed without written permission from the Engineer. Any such units installed without such
written permission shall be removed from the project.
RELOCATED WATER METERS:
Relocated water meters and water meter boxes may not be placed in the sidewalk.
REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD:
It shall be the contractor's responsibility to remove and reset any and all existing ornamental
shrubs and bushes and sod in conflict with proposed construction. Coordination with the
property owners is essential in this endeavor. The Contractor will not be held responsible for
care and maintenance after removing and resetting these plants and sod except in cases where the
Contractor's equipment causes irreparable damage or where plants and/or sod dies as the result
of negligence on the Contractor's part. In which cases, the Contractor will be held responsible
for replacement. Sod shall be reset with ground preparation in accordance with Subsection
700.05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall
remove the sod in a manner that will be conducive to insuring that the reset sod will live. At the
Contractor's option, he may replace any sod he removes with new sod of the same type. No
separate payment will be made for this work or replacements unless specifically shown as a pay
item.
REMOVING AND RESETTING OF OBSTRUCTIONS:
It shall be the Contractor's responsibility to remove and reset any and all obstructions, such as
fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns,
etc., which are in conflict with construction. Contractors are responsible for the security of pets
and/or personal property through the use of temporary fence if necessary. No separate payment
will be made for this work except when shown as a separate pay item.
RIGHT-OF-WAY AND EASEMENTS:
The Contractor shall not perform any work outside the limits of the right-of-way or easements.
In addition, no equipment or material shall be placed outside these areas without written
permission of both the property owner and the Engineer. In the event that the Contractor elects
G-9
to utilize private property for any purpose connected with the project, such as, but not limited to,
staging areas, equipment and/or material storage or simply as a convenience, he shall submit a
written agreement to the Engineer containing vital information such as limits of both area and
time the property is to be utilized and a description of the intended use. The agreement must be
signed by both the property owner and the Contractor and will be reviewed and recorded by the
Engineer. Such agreements must be submitted prior to the contractor's use of the property.
All buildings located on newly acquired R/W and/or easements shall be relocated by the
Contractor. Such buildings on existing R/W and/or easements shall be removed by the owner or
will become the property of the Contractor.
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
replacement in kind. See GDOT specifications, subsection 700.04 E.
SPECIAL EVENTS:
When Special Events occur, such as the Augusta Masters Golf Tournament, all work shall be
safed up, shut down and maintained until the Engineer okays the resumption of work. No project
is exempt without the expressed approval of the Engineer. If these type work stoppages impose
a hardship, contract time wise, consideration will be given to extending the contract time in an
amount commensurate with the delay caused by such work stoppages provided the Contractor
has otherwise pursued the work diligently.
SPECIFICATIONS. STANDARDS AND OTHER DATA:
All references in this document, (includes all papers, writings, documents, drawings, or
photographs used, or to be used, in connection with this document), to State Highway of
Georgia, State Highway Department, Highway Department, or Department when the context
thereof means the Georgia Department of Transportation means, and shall be deemed to mean,
Augusta-Richmond County, Augusta-Richmond County Commission-Council Department of
Engineering Services.
The data, together with all other information shown on these plans, or indicated in any way
thereby, whether by drawings or notes or in any other matter, are based upon field investigations
and are believed to be indicative of actual conditions. However, the salne are shown as
information only, are not guaranteed, and do not bind Augusta-Richmond County, Georgia in
any way. Only the actual quantities completed and accepted will be paid for. The attention of
the bidder is specifically directed to Subsections 102.04, 102~05, and 104.03 of the Standard
G- 10
Specifications, of the Georgia Department of Transportation, current edition, which will be part
ofthis contract.
This project is based on, and shall be constructed in accordance with, The GeDrgia Department
Df TranspDrtatiDn Standard Specifications CDnstructiDn Df TranspDrtatiDn Systems
Manual, The GeDrgia Manual Df SDil ErDsiDn CDntrDI current editiDns and any
supplements thereto' (to be on site at all times). 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 SpendDut Schedule beginning with the Notice To Proceed and extending thrDugh the
anticipated CDnstructiDn life Df the prDject, shall be submitted at the Pre.,CDnstructiDn
CDnference. Such schedule shall include the anticipated earnings Dn a mDnthly basis.
STORM DRAIN PIPE:
Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete
and shall include O-ring gaskets.
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.
SUB-CONTRACTORS:
The Contractor shall furnish the official name, plus the name and telephone number of the 24-
hour emergency contact of all firms he proposes to use as Subcontractors in the work. This
information is to be furnished at the Preconstruction Conference. However, no work shall be
done on this project by a Subcontractor until the Contractor receives approval of his
Subcontractor(s) from the Engineer.
NOTE: All submissions shall include the following information for each Subcontractor:
1) Name of Subcontracting Firm
2) Description of Work To Be Done
3) Contact Person's Name and 24 Hour Phone Number
TESTING OF THE WORK:
The Contractor shall employ a qualified materials testing laboratory to monitor more fully the
quality of materials and work and to perform such tests as may be required under the contract
documents as conditions for acceptance of materials and work. THE ENGINEER MAY
ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF
THE WORK.
,All test results are to be submitted to the Engineer. No separate payment will be made for
employing the testing laboratory or any required tests.
G-ll
TEST ROLLING:
Prior to placing any base course, the sub grade shall be test rolled on six feet centers using a
loaded dump truck or other equipment approved by the Engineer.
TRAFFIC CONTROL:
The Contractor shall provide construction signs in accordance with requirements of "Manual on
Uniform Traffic Control. Devices for Streets and Highways"; current edition with added
supplements and special provisions.
The attention of the Contractor is specifically directed to Subsection 107.09 of the Standard
Specifications regarding barricades, danger, warning, and detour signs.
All temporary signs, barricades, flashing lights, striping and any other traffic control devices
required during construction of this project shall meet all requirements of the M.U.T.C.D.,
current edition, as directed by the Engineer and be furnished by the Contractor with payment in
accordance with Section 150.
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.
All temporary traffic control devices are to be placed in accordance with Georgia Department of
Transportation Standards and Specifications.
TRAFFIC DETOURS:
Where detours are required and in accordance with Section 150 of the Standard Specifications
and any Supplements thereto, the Contractor shall file for approval a detour plan of operation for
this project. This plan shall include details of staging and rerouting of traffic including estimated
length oftime 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.
G-12
The Contractor wilJ 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 protected during construction.
No separate payment will be made for this work. Public utilities of this nature except Augusta
Utilities and Augusta Traffic Engineering will be handled by the utility owner.
G-13
~:;';.~'..;.,'
THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK
BEGINS:
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 Geiteev
Knology of Augusta
3714 Wheeler Road
Augusta, GA 30909
Phone: (706) 364-1015
FAX: (706) 364-1011
Attn: Richard Streneth
Comcast Communications
P.O. Box 3579
Augusta, Ga 30904
Phone: (706) 739--1865
FAX: (706) 733-6942
Attn: Kevin 0' Meara
G -14
. 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: AI Danner
Jefferson Energy Cooperative
P.o. Box 457
Wrens,GA 30833
Phone: (706) 547-5019
Fax: (706) 547-5051
Attn: Mike Wasden
KMC Telephones:
(706) 821-2522
Attn: Dennis Norviel
UTILITY ACCOMMODATION POLICY:
In so far as possible, work shall be scheduled so that open excavations will not be left overnight.
Where trenches, pits or other excavations are within the clear roadside areas and cannot be
backfilled before leaving the job site, they shall be covered by timbers or metal plates' and
protected by reflectorized and/or lighted barricades as appropriate and as directed by the
Engineer. Barricades sufficient to prevent a person from falling into an excavated or work area
must be erected in areas where these conditions exist.
WARRANTY:
Unless otherwise specified, all contract work is subject to a 12-month warranty. The 12-month
warranty is hereby modified to include the following: Any repairs, corrections or modifications
performed within the last six months of the original 12-month warranty shall have the original
12-month warranty extended 180 calendar days past the date of such repairs, corrections or
modifications.
G-15
DEP ART.MBNT 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 construction warning signs m the Standard Construction Details
listed below are deleted except for signs which are mounted at less than seven (7') feet in height (portable
signs).
- Standard Construction Details
· Typical By-Pass Detour for Two-Lane Highway
Typical Detour Across Median
.. Transition of 4..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.
150.02 WORK ZONES: Delete 'Work Zones" and .substitute: Temporary Traffic Control Zones,
150.02. 8,2.: Delete last sentence and substitute: Channelization device spacmg shall be 10 feet for 200
feet m advance of the temporary gore, and 10 feet for the first 100 feet of the temporary gore.
150.03. F.1; MATERIALS - INTERIM SIGNS: Retain as written and add secondparograph.
Posts for an 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 harrier protection.
Unprotected posts shall meet the breakaway requirements of the "1985 AASHTO Standard
Specifications for Structural Supports for Highway Signs, Lummaries and Traffic Signals".
Unprotected post splices will not beperriJ.itted any higher than four inches above the ground line
. to lessen the possibility of affecting the undercarriage of a vehicle.
150.DS.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE
REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF
WARNING FLAGS.
Delete first sentence of second paragraph and substitute:
Construction warning signs which are mounted at less than seven feet ill height (portable signs) shall
have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each sign.
~:'J:'f,;;
rc-/
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.04.E.2.a.2.: &tain 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 G~neral Notes, Standard Legend, Miscellaneous Details
In addition, G20-1, G20-2A, and W20-1 signs shown on- Georgia Standards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated
September 3, 1993.
Detail "A" as shown on Georgia Standard 4960 is deleted.
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
Rev. June 21, 1994
First Use: July 24, 1994
Rev.: August 16, 1994
Modification of the Standard Specifications, Current Edition
Delete Section 150 as written and substitute the following:
150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTCD shall be
consi~ered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and
removmg necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic
control devices and shall include flagging and other means for guidance and protection ofvehicu1ar and
,(.4'.,'
-rc-z
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 September, 1993, of Part VI shall be in effect for the duration of the
project.
A. The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor
(WTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices
in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's
traffic control responsibilities shall have priority over all other assigned duties.
& the representative of the Contractor, the WTCS shall have full authority to act on behalf of the
Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in
safe traffic control practices in accordance with Part VI of the MUTCD. In addition to the mcs 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 mos as 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 mcs shall be avaiJable 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 ofnotitication 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 operati(;ms or staged construction must be reviewed by the WTCS. The WTCSshall
regularly perform inspections to. ensure that traffic control is maintained.
B. All traffic control devices used during the construction of a project shall meet the Standards utilized
in the MUTCD, and shall comply with the requirements of these Specifications, Project Plans, and
Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09.
C. All reflectorization for construction (black on orange) signs, object markers, and channelization
devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other
signs shall meet the requirer:nent.S of Type I unless otherwise specified.
D. No work shall be started on any project phase until the appropriate traffic control devices have been
placed in accordance with Project requirements. Changes to traffic flow shall not commence unless
all labor, materials, and equipment necessary to make the changes are available on the Project.
E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation,
sequence of work and methods of providing for the safe passage of vehicular and pedestrian trafiic
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.
':~'~:~;
rC-5
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, ete.)
8. Starting time, duration and date of planned change.
9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing
Workforce', materials, and equipment necessary to accomplish the proposed work. This will be the
minimum resource allocation required in order to start the work.
The above details shall be submitted to the Engineer for approval at least 14 days prior to the
anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift 'which has
been approved by the Engineer prior to commencement of the physical shift. All preparatory work
relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the
designated starting time, The Engineer and the Contractor's representative will verify that all
conditions have been met prior to the Contractor obtaining materials for the actual traffic shift.
F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be
maintai.ried in accordance with Subsection 104.05 throughout the construction period. All
unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic
control devices shall be removed, placed or covered so as not to be visible to traffic, If traffic control
devices are left in place for more than ten days after completion of the Work, the Department shall
have the right to remove such devices, claim possession thereof, and deduct the cost of such removal
from any monies due, or which may become due, the Contractor.
G, The Department reserves the right to restrict construction operations when, in the opinion of the
Engineer, the continuance of the Work would seriously hinder traffic flow on days immediately before,
on, or after holidays or other days in which unusual traffic conditions exist, including threatening or
inclement weather.
150.02 WORK ZONES:
A In addition to the other provisions contained herein, work zone traffic control shall be accomplished
using the follOwing means and materials:
1. Portabl e 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 only, shall be a minimum size of 48" high by 96"
,-;r- ~..:...4
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
wide with not less than 15 lamps used for the arrow. The arrow will occupy virtually the entire
size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum
legibility distance is that.distance at which the arrow panel can be comprehended by an observer
on a sunny day, or dear night. Arrow panels shall be equipped with automatic dimming features
for use during hours of darkness. The arrow panels shall also meet the requirements as shown
in the MUTeD. The sequential or flashing arrow panels shall not be used for lane closures on two-
lane, two-way highways when traffic is restricted to one-lane operations in which case,
appropriate signing, flaggers and when required, pilot vehicles will be deemed stifficient.
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.A1llane closures shall have prior approval of the Engineer. Lane closures that require same
direction traffic to be split around the Work Area will not be approved for roadways with posted
speeds of 35 mph or greater, excluding turn lanes.
2. On multilane highways where traffic has been shifted to the inside lanes for overnight use, the
entrance and exit ramps shall have charmelization devices placed on both sides of the ramp. The
temporary ramp taper length shall be greater than, or equal to, the existing taper length. Interim
EXIT gore signs shall be placed at the ramp divergence. Channelization device spacing in the first
100 feet of the temporary gore shall be 25 fee.t.
3. Termination Area: The transition to normal or full width highway at the end of a lane closure
shall be a maximum of 150 feet.
4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07,
tbe 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: Witb 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 intenuption of traffic.
The Contractor shall provide a unifonned police officer with patrol vehicle and blue flashing light for
each direction ofpacing.lne.poIiceofficer, Engineer, and flaggers at ramps shall be provided with a
radio which will provide continuous contact with the Contractor.
TC-.::)
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 vehide slowing the traffic therebyproviding a gap in traffic allowing the Contractor to perform
tbe Work Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic,
with a flagger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be opened
after the police vehicle has passed.
Pilot vehides 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 tbe otbertrafficin order to inform the Contractor's work force when all vehicles have cleared
the area.
Traffic will not be permitted to stop during pacing except in extreme cases as approved by the
Engineer.
2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of
the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72
inch) witb a 'lYpe "B" flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY"
(See Detai1150-A). A portable changeable mesSage sign may be used in lieu of the W-special sign. On
divided highways this sign shall he double indicated. A worker with a two-way radio shall be posted
at tbe sign, and upon notice that the traffic is to be paced shall turn on the flashing light and reveal
the sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered
or removed. W-special signs are reflectorized blad: on orange, Series "C" 1 etters and border of the size
specified.
/,
/c-c
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic
unless separated by a .positive 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 he
immediately adjacent to traffic.
B. For their Own protection, workers in or adjacent to traffic dUring nighttime operation shall wear
reflectorized vests.
~:/f';
-r--c- 7
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 work to ensure that all the rocks,
boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are
kept clear of the travelway. These items shall be stored in a location, in so far as practical, where they
will not be subject to a vehicle nmning off the road and striking them.
K. All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate
changes to existing walkways, temporary walkways shall be provided and maintained, with
appropriate signs as necessary, to allow safe passage of pedestrian traffic.
150.03 SIGNS:
A When required for proper traffic cOntrol during construction oftbe project, all existing guide, warning,
and regulatory signs shal1.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 mamtained by the Contractor.
B. \Vhen not in use, all inappropriate traffic signs or portions tbereof shall be remove d, placed or covered
so as not to be visible to traffic. All construction warning signs shall be removed wi thin seven calendar
days after time charges are stopped or pay items are complete. Subsequent punch-list or other work
to be performed shall be accomplished utilizing temporary construction warning signs that shall be
removed daily.
C. The Contractor shall not remove any existing signs and supports without prior approval from the
Engineer. All existing signs and supports which are to be removed shall be stored and protected as
directed by the Engineer, and become the property of the Department unless otherwise specmed in
the contract documents.
D. Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed,
reused and maintained by the Contractor in accordance with the MUTCD, the Plans, Special
Provisions, or as directed by the Engineer. These signs shall remain the property of the Contractor.
The bottom of all interim signs shall be at least seven feet above the level of pavement edge.
E. Existing special guide signs on the Project shall be maintained until conditions require a change in
location or legend content..When change is required, eXisting signs shall be modified and continued
in use if the required modification can be made within existing sign borders using design
requirements (legend, letter size, spacing, border, etc.) equal to that .of the existing signs, or of
Subsection 150.03.E.5. Differing legend designs shall not be mixed in the same sign.
1. 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 GUIDE SIGN STRUCTURES: Interim overhe~d 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 1 east 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 accorp.plished a.s
soon as practical to minimize the use of interim special. guide signs. If lighting is required by the
Plans, all new perman.ent 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 signs shall be 16 inches Series
"E" initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48
inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the
exit road name or route shield shall be placed on the exit gore sign.
F. MATERIALS - INTERIM SIGNS:
1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green
or silver paint may be used in lieu of galvanization for steel posts or structural shape posts. Wood
posts are not required to be pressure treated.
2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 of the
Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1
and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regardl ess of the sign type
used. Alternative sign blank materials (composites, poly carbonates, fiberglass reinforced plastics,
recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research
for use as interim construction signs before these materials are allowed to be incorporated into
the work. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum.
Plywood blanks or panels will not be permitted.
G. All existing, interim and new permanent signs shall be installed so as to be completely visible for an
advance distance in compliance with the MUTCD. Limbs, brush, construction equipment and
materials shall be kept clear of the driver's line of sight to the signs.
H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the
MUTeD and shall include a series of at l~ast three advance road construction (W20-1) signs placed
at tbe termini of the project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET,
AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend
ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILK) On-ramps and at grade intersecting roadways
shall be signed with a minimum of one ROAD WORKAHEAD sign.
I
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 shal)' be the actual project mileage rounded up to the nearest
whole mile. All construction warning signs on divided highways shall be double indicated (i.e., on the
left and right sides of the roadway.) I
1. The sequential or flashing arrow panels snall be placed on the shoulder at or Dear the point where
tbe 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 th~ bottom ofthe panel, except on vehicle mounted panels:
which should be as high as practical. I
I
J. 'l'he portable changeable message sign, when specified, shall be placed ahead of construction activities
and shall meet the requirements of Section 632 and the MUTeD.
/c- '7
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
K. The flashing beacon assembly, when specified, shall be used in conjunction with construction warning
signs, regulatory, or guide signs to inform traffic of special road conditions which require additional
driver attention. The flashing beacon assembly shall be installed in accordance with the requirements
of Section 647.
150.04 PAVEMENT MARKINGS
A. Generally, full pattern pavement markings in accordance with Section 652 and in conformance with
Section 3A and 3B, except 3B-3 and 3B-5, of the MUTeD are required on all courses before the
roadway is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E. During
construction and maintenance activities on all highways open to traffic, both existing markings and
markings applied under this Section shall be fuTIymaintained until Final Acceptance. If the pavement
markings are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering,
or construction activities, they shall be restored immediately. On resurfacing projects pavement
markings shall be provided on all surfaces that are placed over existing markings. On widening and
reconstruction projects (where the lane configuration is altered from the pre-construction layout)
pavement markings will be as required by the Plans or the Engineer. On new construction projects
pavement marking plans will be provided.
B. MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width
and shall conform to the requirements of Section 652, except as modified herein. Raised pavement
mark_ers CRPMs) shall meet the requirements of Section 654. Markings on the final surface course
which must be removed shall be a removable type. The Contractor will be permitted to use paint,
thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise
directed by the Engineer. Partial (skip) reflectorization (i.e. reflectorizing only a portion of a stripe)
will not be allowed. .
C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of
markings in the fmal lane configuration at the earliest possible stage.
Inappropriate or conflicting existing pavement markings shall be removed.
When shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall
be removed prior to, during, or inimediately after any change so as to present the least interference
with traffic.
Before any change in traffic lane(s) alignment, markingremoval equipment shall be present on the
project for immediate use. If marking removal equipment failures occur, the equipment shall be
repaired or replaced (including leasing equipment if necessary), so. that. the removal can be
accomplished without delay.
Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course,
when approved by the Engineer. When an asphaltic concrete overlay is placed for the sole purpose
of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay
will be eligibl e for payment only if designated in the Plans. Overlays to obliterate lines will be paid
for only once and further traffic shift.s in the same area shall be accomplished with removable
markings. Only the minimum asphal tic concrete thickness required to cover lines (generally 60 lbJsq.
yd. of Asphaltic Concrete lOR") will be allowed. Excessive build-up will not be permitted. When an
overlay for tbe sole purpose of eliminating conflicting markings is not allowed, the markings no longer
applicable shall be removed in accordance with Subsection 656.02. The elimination of conflicting
pavement markings by overpainting with paint or liquid asphalt is not acceptable.
D. Raised pavement markers (RPMs) are required as listed below for all asphaltic concrete pavements
before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or fInal
surface and is open to traffic, one calendar day is allowed for cleaning and drying before the
installation of RPMs is required.
TC-/c
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 inte~.ediate pavement surfaces opened to traffic as follows;
a. SUPPLEMENTING LANE LINES:
80 foot centers on skip lines with curvature less than three degrees. (Includes tangents.)
40 foot centers on solid lines and all lines with curvature between three degrees and six
degrees.
20 foot centers on curves over six degrees.
20 foot centers on lane transitions or shifts.
h. SUPPLEMENTING RAMP GORE LINES:
20 foot centers, two each, placed side by side.
c. OTHER LINES:
As shown on the plans or directed by the Engineer.
2. On other highways under construction RPMs shall be used and/or maintained on intermediate
pavement surfaces as follows:
a. SUPPLEMENTING LANE LINES AND SOLID LINES:
40 foot centers except on lane shifts. (When required in the Plans or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
b. SUPPLEMENTING DOUBLE SOLID LINES:
40 foot centers (one each beside each line) except on lane shifts.CWhen required in the Plans.
or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
RPMs are D..Q.!i allowed on right edge lines.
E. EXCEPTIONS FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattern
of markings are permitted as noted below, however, full pattern pavement markings are required for
the completed project.
1. TWO-LANE, 'IWO-WAYROADWAYS .
a. SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes.
shall be at I east 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 he 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 ofthe 14 calendar day
period.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA .
Interim raised pavement markers may be substituted for the interim skip (broken) stripes.
If raised pavement markeTS are substituted for the four foot interim skip stripe, four markers
spaced at equal intervals over a four feet distance will be required. No separate payment will
be made if the interim raised pavement markers are substituted for interim skip lines.
Interim raised pavement markers shall be retro-reflective, shall be the same color as the
pavement markers for which they are substituted, and shall be visible during daytime.
The type of interim marker and method of attachment to the pavement must be approved by
tbe Office of Materials and Research but in no case will the markers be attached by the use
of nails.
The interim raised pavement markers must be maintained until the full pattern pavement
markings are applied. At the time full pattern pavement markings are applied the interim
raised markers shall be removed in a manner that will not interfere with application of the
full pattern pavement markings. -
b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three
calendar days where skip centerlines are in place, no-passing zones may be identified by
using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the
beginning and at intervals not to exceed 1/2 mile within each no-passing zone. A post or
portable mounted PASS WITH CARE regulatory sign CR4-1 24" x 30") shall be placed at the
end of each no-passing zone. Post mounted signs shall be placed in accordance with the
MUTeD. Portable signs must have a minimum vertical height of three feet above the
pavement surface to the bottom of the sign and be secured in such a manner as to not be
easily blown over or misaligned.
c. EDGELINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that
are in use for a period ofless than 60 calendar days except at bridge approaches, on lane
transitions, lane 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 Otber Types of Pavement: Edgelines will not be required on intermediate surfaces that
are in use for a period of less than 30 calendar days except at bridge approaches, on lane
transitions, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 14 calendar days of the time that the surface was
placed.
d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, synibols,
words and otber similar markings shall be placed on final surfaces conforming to Section 652
within 14 calendar days of completion of the final surface. On intermediate surfaces these
markings will generally not be required unless specified by the Engineer because of special
conditions or when the intermediate surface will be in use for more than 45 calendar days.
2. MULTI-LANE HIGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOUR FEET OR LESS .
a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN T.ANE)
(1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers
shall be restored before nightfall.
;;'q..
/"c-/z
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.1.a. may be
used for periods not to exceed three calendar days.
(3) Edgelines - Edgelines shall be placed on intermediate and final surfaces within three
calendar days of obliteration. .
b. DIVIDED HIGHWAYS (GRASS OR RAISED MEDIAN)
(1) Lanelines - Full pattern skip stripe shall be restored before nightfall.
(2) CenterlineJEdgeline - Solid lines shall be placed on intermediate and final surfaces within
three calendar days of obliteration.
c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.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-
(1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and fInal
surfaces prior to opening to traffic.
(2) Portland Cement Concrete Pavement - Edgelines shall be placed on any surface open to
traffic no later than one calendar day after work is completed on a section of roadway. All
water and residue shall be removed prior to daily striping.
F. APPLICATION OF PAVEMENT MARKINGS: The Contractor shall furnish layout, clean as
necessary, and preline the surface for the placement of pavement markings applied under this
Section. All existing marking tape on final surfaces shall be removed prior to placement of final
markings.
Pavement markings shall re-establish No-Passing Zones in the locations and configuration that
existed prior to construction. Existing No-Passing Zones shall be clearly identified as to location prior
to construction by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new
location projects and on projects where either horizontal or vertical alignments have been modified,
the location of No-PasSing Zones wil1 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 a sequential or flashing arrow panel mounted oil .
the rear. Iftbe work vehicle is also functioning as the lead vehicle then an approved arrow panel
shall be mounted so as to be .easily visible to oncoming traffic. The work vehicle shall follow
directly behind the lead vehicle.
3. The work vehicle placing cones shall follow directly behind the work vehicle applying the
markings. The cone work vehide shall have a sequential or flashing arrow panel mounted on the
rear.
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DEP ARTM::ENT 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 travelway through the work zone and alert
drivers and pedestrians to conditions created by work activities in or near the travel way.
Channelization shall be done in accordance with the plans and specifications, the MUTCD, and the
folloWing requirements. .
1. Types of Devices Permitted for Channelization in Construction Work Zones:
a DRUMS:
(1) DESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be
reflectorized as required in Subsection 150.01.C..
(2) APPLICATION: Drums shall be used as the required channelizing device to delineate the
full length of a lane closure, shift, or encroachment, except as modified by this Subsection.
(a) TRANSITION TAPERS AND LANE CLOSURES: Drums snall be used on all
transition tapers. The minimum length of the approach transition tap er for a lane closure,
shift, or encroachment for highways with posted speed of 45 mph or greater shall be equal
to the lane width of lateral shift. (Ft.) x the posted speed limit (Mpl1), (L = WS), but not
less tban 150 feet. For multiple lane closures, only one lane may be closed per taper with
a minimum tangent length of 2L between tapers. The length of a closed lane, excl uding
tbe transition taper, will be limited to two mile, unless otherwise approved or directed by
the Engineer. Drums shall be placed the full length of the taper spaced at maximum
intervals in feet equal to the numerical speed limit (EXAMPLE: 55 Mph Speed Limit =
55 feet maximum spacing).
For taper lengths on urban, residential or otber streets where the posted speed is 40 mph
or less, tbe minimum length of the approach transition taper may be computed using the
formula L = WS2/60. Greater taper length shall beused when required for individual
situations.
Drums with steady burning lights, for the .length of the taper only, are required if tie
condition exists into the night.
(b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for
various roadside work conditions except as modified by Subsection 150.06. Spacing shall
be used for situations meeting any of the conditions listed as follows:
(1) 50 FOOT SPACING MAXIMUM:
(a) For difference in elevation exceeding two inches.
(b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail
150-E..
,>t:""
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
-
(2) 100 FOOT SPACING MAXIMUM:
(a) For difference in elevation of two inches or less.
(b) F1ush areas where equipment or workers are within ten feet of the travel lane.
(3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than.
ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane.
(a) For paved areas eight feet or greater in width that are paved flush with a
standard width travel lane.
(b) For disturbed shoulder areas not completed to typical section that are flush
to the travel lane and considered a usable shoulder.
When the appropriate signs are posted advising of conditions such as soft or low
shoulder, drums may be removed after shoulders are completed to typical section
and grassed and after guardrail or other safety devices have been installed.
b. VERTICAL PANELS:
(1) DESIGN: A1J vertical panels shall have a minimum of 270 square inches ofretro-reflective
area facing the traffic and shall meet the requirements of the MUTCD.
(2) APPLICATION: Lane encroachment by the drum on the travel way should permit a
. remaining lane width often feet. When encroachment reduces the travelway to less than ten
feet, vertical panels shall be used to restore the travelway to ten feet or greater. No other
application of vertical panels will be permitted. .
c. CONES:
(1) DESIGN: A1J cones shall be a minimum of28 inches in height regardless of application and
shall meet the requirement of the MUTCD. .
(2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight
closures or minor shifts. (Drums are required for all tapers.) The use of CODes 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 IIr
barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized
as required in Subsection 150.01.C.
(2) APPLICATION: Type III barricades shall be placed as required by the plans, the
Standards, and as directed by the Engineer.
e. WARNING LIGHTS:
(1) DESIGN: All warning lights shall meet the requirements of the MUTeD.
(2) APPLICATION";-
(a) Type A low-intensity flashing lights shall be used as shown in the Plans, the
Standards, and as directed by the Engineer. F1ashing lights are not required for advance
warning signs in Subsection 150.03.H.
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/C'~ /.5
DEP AR'ThffiNT OF TRANSPORTATION
STATE OF GEORGIA
(b) Type C Steady-Burn lights shall be used on all tapers when the condition existl into
the night. Steady-burn lights shall also be used as shown in the Plans, the Standards, and
as directed By the Engine~r.
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 Barner is located 20 feet or less from a travel
lane, yellow reflectors shall be fixed to the top of the barrier at intervals not greater than 50
feet and shall be mounted approximately two inches above the barrier. The reflectors shall
be eitber 10" x 10" square Type V (or equal) reflective sheeting mounted on flat-sheet panels,
or 8"diameter center-mounted sealed prismatic reflex reflectors housed in an aluminum
backing with a single grommeted hole.
Approach end of Portable Barrier shall be flared or protected by an impact attenuator (crash
cushion) or other approved treatment in accordance with Georgia Standard 4960,
Construction Details and"Standard Specifications. .
. .
On interstate or other controlled access highways where lane shifts or crossovers cause
opposing traffic to be separated byless than 40 ft., precast concrete barrier shall be used as
a separator.
B. TEMPORARY SAND LOADED ATTENUATOR MODULES
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance, relocation, reuse
as required, and removal of Temporary Sand Loaded 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 oEPortable Impact Attenuators.
2. MATERIALS: Materials used in the Attenuator shall meet the requirements of Section 650 for
Type A Portable Impact Attenuators.
3. CONSTRUCTION: Portable Impact Attenuator installation shall conform to the requirements of
Subsection 650.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be
installed at locations designated by the Engineer, and/or shown on the plans.
D. TEMPORARY GUARDRAIL ANCHORAGE - 'I'yryP. l~:
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance and removaJ of
Temporary Guardrail Anchorage - Type 11 used for Portable Barrier or temporary guardrail ena
treatment.
:~'-.:1';,-
""T"~- / ~
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
2. MATERIALS: Materials used in the Temporary Guardrail Anchorage - TYPe 11 shall meet the
requirements of Subsection 641.02 oftbe 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 tbe transition and connection to Temporary Concrete Barrier as required
by the details in Georgia Standard 4960.
150~06 EXCA VAT/ON ADJACENT TO A TRAVEL LANE: Construction work involving trenching adjacent
to a travel way shall not begin until the Contractor is able to continuously place the required typical
section to withiri two inches of the existing pavement ~levation, or heal the remaining difference in
elevation to the traveled way as shown in Detail 150-E.
. Channelization devices and placement during the construction period shall conform to the requirements
of Subsection 150.05 and Details 150-B, 150-C, 150-D, and 150-E shown herein.
In addition to the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT)
(RIGHT) LANE NARROWS" witb two flags shall be kept just off the paving edge and 500 feet upstream
of the point where channelization devices are erected on the paving edge.
A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-offs in elevation of more than
two inches between surfaces carrying, or adjacent to, traffic Will not be allowed for more than 24
hours. However, where the Contractor has demonstrated the ability to continuously excavate and
backfill in a proficient manner, a single length of excavated area not to exceed 1000 feet may beleft
open as a start up area for periods not to exceed 48 hours.
B. ASPHALT BASESIBINDERS: Drop-off's in elevation of more than two inches between surfaces
carrying or adjacent to traffic will not be allowed for mOTe 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 arid Detai1150-B.
D. MISCELLANEDUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRAVEL WAY: Work such as
drainage structures, utility facilities, or any other work which results in a drop-off adjacent to the
travelway shall be performed expeditiously so as to minimize the exposure to the hazard. AE soon as
practical, the excav.ation shall be backfilled to the minimum requirements of Detai1150-E. In no case
will the drop-off be allowed to exist more tban five calendar days. This may require stage construction,
such as plating and backfilling the incomplete work.
/~- /7
<
<
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
NOTEI Drums reQUIred for thIs
10cotlOn,spoced at 50FT. Interval.s.
If the traveled way wIdth
Is reduced. to less than
10 feet by the use of drums,
vertIcal panels shall be used
In lieu of drums.
LocatIon of drums when
drop-off exceeds 04 Inches.
---------~.
----~---------\
t NEW CONS TRUCTION ~(
TRAVEL LANE
~
DROP-OFF GREATER THAN 4 INCHES
DETAIL /50-8
Drums spaced ot
50 feet Intervals.
LocatIon of drums when
drop-off Is 2+ Inches to
4 Inches.
_J~~~___--,__\
-----------\
i
NEW CONSTRUCTION
~(
~
TRAVEL LANE
DROP-OFF OF 2 + INCHES TO 4 INCHES
DETAIL /50-C
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DEP ARTMBNT OF TRANSPORTATION
STATE OF GEORGIA
Drums spoced ot
100 feet Intervo/s.
<
t
Compocted Qroded
oOQreQote, ~ubbose
materIal or dlrt.
NO STEEPER THAN 4:1
<.
<
t
~:;';:f'-": .
-
Locotlon of qrL.J115 when
drop.off 1$ Z Inches or less.
NEW CONSTRUCTION
~ft :....1- ______\
-----------\
+
TRAVEL LANE
~
DROP-OFF OF 2 INCHES OR LESS
DETAIL /50-0
LocatIon of drums ImmedIately
after completron of Meolad sectIon.
spocad at 50. ft. Intervols.
TOP OF DRUM TO BE LEVEL
NEW CONSTRUCT/ON
2 ft. +/-
---------~.
-----------\
+
TRAVEL LANE
~
HEALED SECTION
DETAIL /50-E
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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 "suspending work
involving the flagger(s) until the Contractor provides the certified tlagger(s). .
C. FJaggers shall wear high-visibility clothing in compliarice with the MUTeD and shall use a Stop/Slow
padclle meeting the requirements of the MUTCD for controlling traffic. The Stop/Slow paddles shall
have a shaft length of seven (7) feet minimum. In addition to the Stop/Slow paddle, a flagger may use
a 24 inches square red/orange flag as an additional device to attract attention. For night work, the
vest shall have reflectorized stripes on front and back.
D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meet the requirements
of the MUTCD.
E. Signs for tlagger traffic control shall be placed in advance of the flagging operation in accordance with
the MUTeD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of
the presence of the tlagger shall be placed beyond the point where traffic can reasonably be expected
to stop under the most severe conditions for that day's work.
150.08 ENFORCEMENT: The safe passage of pedestrians and traffic through anc1 around the temporary
traffic control zone, while minimizing confusion and disruption to traffic flow, shall have priority over all
other Contractor activities. Continuedfailure of the Contractor to comply with the requirements of Section
150 (TRAFFIC CONTROL) will result in non-refundable deductions of monies from the Contract as shown
in this Subsection for non-performance of Work.
Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending
all other work on the Project, except erosion control and traffic control, taking corrective action as
specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work
on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to
the deductions for non-performance of traffic control.
TC-ZQ
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF
TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE
f. ORIGINAL TOTAL CONTRACT AMOUNT I -j
From More Than J
To and Including- Daily Charg-e
$0 $100,QOo $100
100,000 1,000,000 250
1,000,000 5,000,000 500
5,000,000 20,000,000 750
20,000,000 40,000,000 1,000
40,000,000 - 1,500
150.09 MEASUREMENT:
A. TRAFFIc CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump
Sum price bid, which will include ail traffic control not paid for separately, and will be paid as follows:
When th e first Construction Report is submitted, a payment of 25 (twenty-five) percent of the
Lump Sum price will be made. For each progress payment thereafter, the total of the Project
percent complete shown on tbe last pay statement plus 25 (twenty-five) percent will be paid (Jess
previous payments), not to exceed one hundred (100) percent and subject to normal retainage.
When no payment item for Tniffic Control-Lump Sum is shown in the Proposal, all of the
requirements of Section 150 and the Traflic Control Plan shall be in full force and effect. The costof
complying with these requirements will not be paid for separately, but shall be incl uded in the overall
bid submittal. .
B. SIGNS: When shown as a pay item in the contract; interim special guide signs will be paid for as
listed below. All otber regulatory, warning, and guide signs, as required by the Contract, will be paid
. for under Traffic Control Lump Sum or included in the overall bid submitted.
1. Interim ground mounted or interim overhead special guide signs will be measured for payment
by the square foot. This payment shall be full compensation for furnishing the signs, including'
supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting,
and final removal.from tbe 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 remounting as required.
~c-z/
DBP ARTMENT OF TRANSPORTATION
STATE OFGEORGIA.
C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622.
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will he 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 connection to Temporary Concrete Barrier. Payment shall include all necessary materials,
equipment, labor, site preparation, maintenance and removal.
F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation _ Temporary will be
measured as specified in Section 647.
G. FLASHING BEACONASSEMBLY: Flashing Beacon Assemblies will be measured as specified in
Section 647.
R. TEMPORARY, SAND LOADED ATTENUATOR MODULES: Each Sand Loaded Attenuator Module
of the type specified includes all material components, hardware, incidentals, labor, site preparation
and maintenance. Each module will be measured for payment by the drum only once regardless of the
number of locations installed. Modules to replace those damaged or destroyed by traffic impact will
also be measured by the unit for payment. Upon completion of the project, the modules shall be
removed and retained by the Contractor.
1. PORTABLE IMPACT ATrENUATORS: Each Portable ImpactAttenuatorwillbe measured by the
unit which shall include all material components, hardware, incidentals, labori' site preparation, and
maintenance, including spare parts recommended by the manufacture for repairing minOT accident
damage. Each unit will be measured only once regardless of the number oflocations installed, moves
required, or number ofrepaiTs 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 he measured as specified in Section 150.
150.10 PAYMENT:
When shown in the Schedule of Items in the Proposal, the following items will be paid for separately.
Item No. 150. Traffic Control . . . . . . " . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . . . Lump Sum
Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Color) .............. per Linear Mile
Item No. 150. Traffic Control, Solid Traffic Stripe,
Thermoplastic Inch, (Color) . . . . . ~ . . . . . . . . . . . . . . . . . . . . . per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe,
Thermoplastic Inch,CColor) .......... . . . . . . . . . . . . . . . . . per Linear Mile
Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors ............. . . .. per Each
Item No. 150. Traffic Control, Raised Pavement Markers - All Types. . . . . . . . . . . . . . . . . " per Each
Item No. 150. Interim Ground Mounted Special Guide Signs. . . . . . . . . . . . . . . . . . .. per Square Foot
Item No. 150. Interim Overhead Special Guide Signs .......................... per Square Foot
//,::-;7 ?
Ulit' AR'lMHNT 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, CompJ ete ih Place ...................................... Per Each
Item No. 150. Traffic Control, Temporary Sand Loaded Attenuator Modules ............. per Each
I tem No. 150. Traffic Control, Portable Impact Attenuator . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Per Each
-
Item No. 647. Flashing Beacon Assembly, Cable Supported. . : . . . . . . . . . . . . . . . . . . ; . . . " per Each
Item No. 647. Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . . . . . " per Each
Item No. 647. Traffic Signal Installation, Temp.; .. . . . . ......... . .. . . " .. '" " . ... ,Lump Sum
Item No. 641 Temporary Guardrail Anchorage, Type 11 ................,............ per Each
Item No. 632. Changeable Message Sign, Portable .................................. per Each
Item No. 622. Precast Concrete Median Barrier. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . per Linear Foot
Item No. 150. Modify Special Guide Sign, Overhead. . . . . . . . . . . . . . . . . . . . . . . . . " per Square Foot
Item No. 150. Modify Special Guide Sign, Ground Mount. " . .. . . . . . . " . . . . . . . " per Square Foot
Item No. 150. Traffic Control, Pavement Arrow (Painted) With Raised Reflectors.. . " . " per Each
Item No. 150. Traffic Control, Pavement Markers, Words and Symbols. . . . . . . . . " per Square Foot
-rc--z :3
Section 167 -- Water Quality !'1onitoring
Page 1 of 4
Date: August 26,2002
First Use Date 2001 Specifications: November 1,2002
Revised: January 16,2003
Revised: August 1,2003
Revised April 1,2004
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
Section 167-Water Quality Monitoring
Add the following:
167.1 General Description
This Specification establishes the Contractor's responsibility to meet the requirements of the National Pollutant Discharge
Elimination System (NPDES) Infrastructure Pemrit 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 and maintain a current WECS certification card.
167.1.02 Related References
A. Standard Specifications
Section 161-Control of Soil Erosion and Sedimentation
B. Referenced Documents
NPDES Infrastructure Permit No. GAR 100002, Part IV
WECS Certification Course
Environmental Protection Divisions Rulesand Regulations (Chapter 391-3-26)
OCGA 12-7
167.1.03 Submittals
General Provisions 101 through 150
167.2 Materials
General Provisions 101 thr~ugh 150:
167.2.01 Delivery, Storage, and Handling
General Provisions 101 through 150.
167.3 Construction Requirements
167.3.01 Personnel
Use qualified personnel to perform all monitoring, sampling, inspections, and rainfall data collection.
Use the Contractor designated WECS or select a prequalified consultant from the Qualified Consultant List (QCL) to perform
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
V~-/
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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, testing 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 usingp6rtable turbidemeters, the monitoring results shall state that they are being
used and a digital readout ofNTUs is what is provided.
Submit 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.
Failure 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
inspections or submit the required reports within the times specified will result in non-refundable deductions as speCified
in Subsection l6l.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-l.
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-four 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 reII.1ain in
place to verify the maintenance status and that the devices are functioning properly.
Continue these inspections until the Notice of Termination is submitted.
C. Reports:
I . Inspection Reports:
Summarize the results of inspections noted above in writing on form DOT-EC-l. 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-l form shall be signed by the project WECS.
Submit all inspection reports to the Engineer within twenty-four hours of the inspection.
The Engineer will review the reports, inspect the project for compliance, and issue concurrence with the submitted
,.:~;;..
WtP~2
,.."" f"\ I"''''' "
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
report.
Correct any items listed in the inspection report tbat 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
N.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
blowledge and belief, true, accurate and complete. I am aware that there are significant penalties for
submittingfalse 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) Date of sampling
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 hy 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 flIst): 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 sampling 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.
Projectrain 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.
167.3.01 Contractor Warranty and Maintenance
General Provisions 101 through 150.
h/t[J-3
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'7 I'J n/1nnA
Section 167-- Water Quality Monitoring
Page 40f 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 downstream samples constitute one sample.
When the monitoring location is an outfall, a single outfan sample constitutes one sample.
167.4.01 Limits
General Provisions 101 through 150. Submit the report to the Engineer within 7 working days
167.5 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 ofthe 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 pennit, and this Specification.
This item is based on the rainfall events 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 oftbe
NPDES pennit 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
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Kooplng GGorgiJl on tho 11 ovo
All consultants prequalified in
9.02 Rainfall and Runoff Reporting
Company
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
Suite B-101
105 Park 42 Drive
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
Acer Environmental. Inc.
ATC Group Services d/b/aATC
Associates. Inc.
Ayres Associates
Brewer & Dudley. LLC
CCR Environmental. Inc.
Clean Water Consultants. Inc.
Columbia Engineering
Construction Materials Services. Inc.
Contour Engineering. LLC
Corporate Environmental Risk
Management. LLC
Earth Tech.
Engineering Consulting Services. L TD
Focus Development & Engineering. Inc.
Fountain Surveying
G. Ben Turnipseed Engineers
Gallet & Associates of-Georgia Inc.
Gaskins Surveying Company, Inc.
1266 Powder Springs Rd.
1000 Cobb Place Blvd
Suite 290
GeoHydro Engineers
Geotechnical & Environmental Consultants 5021 Mercer University Drive
http://www.dot.stat~:ga.us/dotfpreconstruction/consultantdesignlbyclass/I902.htm
City, State ZIP
Phone
Lawrenceville, GA 30043 (770) 682-
1861
(770) 427-
9456
(404) 658-
9320
(770) 267-
4703
(770) 458-
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
(478) 757-
10/20/2005
Marietta, GA 30066
Atlanta, GA 30303
Monroe, GA 30655
Atlanta, GA 30340
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
Kennesaw, GA 30144
vJQ c-J
Page 2 of:
(GEC) Suite D2 Macon, GA 31210-5691 1606
Golder Associates. Inc. 3730 Chamblee Tucker Road Atlanta, GA 30341 (770) 496-
1893
Greenhome & OrMara. Inc. 2211 Newmarket Parkway Marietta, GA 30067 (770) 988-
Suite 104 9555
Hofstadter and Associates. Inc. 4571 Arkwright Road Macon, GA 31210 (478) 757-
1169
J. B. Trimble. Inc. 6445 Powers Ferry Road Atlanta, GA 30339-2933 (770) 952-
Suite 100 1022
John A. McGill. P.C. 934 Shields Pond Road Thomson, GA 30824 (706) 453-
1913
Jordan. Jones & Goulding. Inc. 6801 Governors Lake Pkwy. Norcross, GA 30071 (678) 333-
0422
KCI Technologies. Inc. 3235 Satellite Boulevard Duluth, GA 30096 (678) 990-
. Build 400, Suite 104 6200
Kisinger Campo & Associates. Corp. 1720 Peachtree Street, NW Atlanta, GA 30309 . (404) 607-
Suite 1048 1676
MACTEC Engineering and Consulting. 3200 Town Point Drive Kennesaw, GA 30144 (770) 421-
Inc. Suite 100 3344
Moreland Altobelli Associates. Inc. 2211 Beaver Ruin Road Norcross, GA 30071 (770) 263-
Suite 190 5945
NOV A Engineering and Environmental, . 3640 Kennesaw North Industrial (770) 425-
Parkway Kennesaw, GA 30144
Inc. Suite E. 0777
PBS&J. Inc. 5665 New Northside Drive Atlanta, GA 30328 (770) 933-
Suite 400 0280
Peoples & Quigley. Inc. 6059 Boylston Drive Atlanta, GA 30328 (404) 255-
2650
Piedmont Geotechnical Consultants. Inc. P.O.Box 1997 Roswell, GA 30077 (770) 752-
9205
Precision Planning. Inc. 400 Pike Blvd. Lawrenceville, GA (770) 962-
30046-2210 8000
Professional Engineering Consultants. Inc. 12600 Deerfield Parkway Alpharetta, GA 30004 (678) 566-
Suite 100 3578
Professional Service Industries. Inc. 95 Chastain Road Kennesaw, GA 30144 (770) 424-
Suite 301 6200
QORE Property Sciences 11420 Johns Creek Parkway Duluth, GA 30097 (770) 476-
3555
Rakestraw & Associates. Inc. 83 Ty Ty Omega Road Tifton, GA 31793 (229) 382-
0009
Rindt McDuff Associates. Inc. 334 Cherokee Street Marietta, GA 30060 (770) 427-
8123
Rochester & Associates. Inc. 425 Oak Street, NW Gainesville, GA 30501 (770) 718-
0600
Rosser Civil Engineering (Division Of 524 West Peachtree Street, NW Atlanta, GA 30308-3512 (404) 876-
Rosser IntI. Inc.) 3800
S&ME. Inc. 5555 Oakbrook Parkway Norcross, GA 30093 (770) 209-
Suite 460 'WQC-Z 9550
Ittp://WWW.dot.state.ga. us/ dot/preconstruction/consultantdesign/byclass/I902.htm 10/20/2005