HomeMy WebLinkAboutBLAIR CONSTRUCTION WINCHESTER SUBDIVISION
WINCHESTER SUBDIVISION DRAINAGE IMPROVEMENTS
PROJECT NUMBER: 322-04-206822651
List of Proiect Documents
Section
Instruction to Bidders
Georgia Prompt Pay Act
Special Conditions
Agreement
General Conditions
Supplementary Conditions
Proposal
Lump Sum Construction
General Notes
Traffic Control
Water Quality Monitoring
*Water Quality Consultants
Pa2:es
IB-l thru IB-3
PP A-I
SP-l
A -1 thru A - 4
3 thru 33
SC - 1 thru SC - 2
P -1 thru P - 4
P-5-A
G -1 thru G -15
TC - 1 thru TC - 23
WQ-l thru WQ-4
WQC- 1 thru WQC-2
*Consultants Pre-Qualified by GDOT
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m., Thursday, April 19, 2007
Bid Item #07-118 Winchester Subdivision Drainage Improvements for Augusta Engineering
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. S ams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30911
706-821-2422
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street - Room
605, Augusta, GA 30911. Plans and specifications for the project can be made available upon request to Digital
Blue Print. The fees for the plans and specifications which are non-refundable is $50.00
Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262 Merry Street,
Augusta, GA 30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is the wish of the Owner that
all businesses are given the opportunity to submit on this project. To facilitate this policy, the Owner is providing the
opportunity to view plans online (www.digblue.com) at no charge through Digital Blueprint (706-821-0405) beginning
Thursday, March 8, 2007. Bidders are cautioned that submitting a package without Procurement of a complete set are
likely to overlook issues of construction phasing, delivery of goods or services, or coordination with other work .that is
material to the successful completion of the project. Bidders are cautioned that sequestration of documents through any
other source is not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of
receiving incomplete or inaccurate information upon which to base his qualifications.
A Mandatory Pre-Bid Conference will be held on Tuesday, April 3, 2007 @ 10:00 a.m. in Room 605 of the
Procurement Department. All questions must be submitted in writing to the office of the Procurement
Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or
hand delivered. The last day to submit questions is Friday, April 6, 2007 by 4:00 p.m.
It is the wish of the Owner that minority businesses are given the opportunity to submit 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. '
No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is
required to' be submitted in a separate envelope so marked along with the bidders' qualifications; a 100%
performance bond and a 100% payment bond will be required for award.
Bidders will please note that the number of copies requested; all supporting documents including financial statements and
references and such other attachments that may be required by the bid are material conditions of the package. Any
package found incomplete or submitted late shall be rejected by the Procurement Office. Any bidder allegedly
contending that he/she has been improperly disqualified from bidding due to an incomplete bid submission shall have the
right to appeal to the appropriate committee of the Augusta Commission. Please mark Bid number on the outside of the
envelope.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle
Metro Courier
March 8, 15,22,29,2007
March 14, 2007
cc:
Tameka Allen
Abie Ladson
Tony Williams
Interim Deputy Administrator
Augusta Engineering
Augusta Engineering
'A
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EMPLOYEE CONFLICT OF INTEREST:
(
It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement
contract when the employee or official knows that:
(a) the employee or official or any member of the employee's or official's immediate family has a
substantial interest or fmancial interest pertaining to the procurement contract, except that the
purchase of goods and services from businesses which a member of the Commission or other'
City of Augusta employee has a financial interest is authorized as per O.C.G.A. 36-1-14, or the
procurement contract is awarded pursuantto 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; .
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(b) Any other person, business, or organization with whom the employee or official of any member
of an employee's or officials . immediate family is negotiating or has an arrangen;tent 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 conflict of interest with regard to matters pertaining to that substantial interest or financial
interest.
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have read and understand the infonnation
contained in the bid specifications.
Address:
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Vendor Name:
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Bid Item Number and Name: 07- 1'/'8 M~ck;1fe- ~"--c--.;~e._
TInS FROM MUST BE SUBMITTED WITH BID PACKAGE. NO EXCEPTION(S) WILL BE GRANTED
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ADDENDUM
TO:
FROM:
DATE:
SUB] :
All Bidders
tllfftm9
Geri A. Sams
April 17,2007
ADDENDUM #1
Bid Item #07-118 Winchester Subdivision Drainage Improvements
Bid Due: Thursday, April 19, 2007 @ 3:00 p.m.
Please note the following change to your bid proposal sheet.
Please acknowledge receipt of addendum in your bid package.
If you have any questions regarding this correspondence, please contact me at
(706) 821-2422.
cc:
Tameka Allen
Abie Ladson
Robert Oliver
Interim Deputy Administrator
Engineering
Engineering
Room 605 - 530 Greene Street, Augusta, Georgia 30911
(706) 821-2422 - Fax (706) 821-2811
www.aulffistae:a.g-ov
Register at www.demandstar.com/supplierfor automatic bid notification
Date:
SECTION P
PROPOSAL
Gentlemen:
In compliance with your invitation for bids dated , 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:
WINCHESTER SUBDIVISION DRAINAGE IMPROVEMENTS
PROJECT NUMBER: 322-04-206822651
In strict accordance with the Contract Documents and in consideration of the amounts shown on
the Bid Schedule attached hereto and totaling:
DOLLARS ($
)
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 adderida:
Addendum No.
Addendum Date
Respectfully submitted
(N ame of Firm)
(Business Address)
By:
Title:
P-l
WINCHESTER SUBDIVISION DRAINAGE IMPROVEMENTS
PROJECT NUMBER: 322-04-206822651
00l-1000 FORCE ACCOUNT LS 1
150-1000 TRAFFIC CONTROL LS 1
l63-0232 TEMPORARY GRASSING AC 1
163-0240 MULCHlUSE MATTING TN 3
163-0300 CONSTRUCTION EXIT EA 1
CONSTRUCT/PLACE DITCH
163-0521 CHECKS/W ADDLES EA 24
CONSTRUCT AND REMOVE INLET
163-0550 SEDIMENT TRAP EA 4
165-0030 MAINT OF TEMP Sll..,T FENCE ,TP C LF 2,600
165-0040 MAINT. CHECK DAMS/W ADDLES EA 24
171-0030 TEMP Sll.., T FENCE, TP C LF 2,600
201-1500 CLEARING AND GRUBBING LS 1
207-0203 BACKFILL MATERIAL, TP2 CY 2,500
210-0100 GRADING COMPLETE LS 1
STORM DRAIN PIPE, HDPES, 30"
550-1300 DIA (HI-I0) LF 732
STORM DRAIN PIPE, HDPES, 30"
550-1301 DIA (HlO-15) LF 314
610-5791 REMOVE FENCING LF 1,000
611-4890 RESET FENCE LF 1,000
FIELD INLET/WIER(ONE SIDED
668-1l00 WIER EA 3
FIELD INLET/WIER (THREE SIDED
668-1100 WIER) LF 1
668-1100 CATCH BASIN, GP 1 EA
THREE PROTECTION BARRIER,
702-7501 TYPE 1 LF 800
000-0000 RESET STRUCTURES EA 9
CONTRACT GRAND TOTAL
P.2
Bid Items to be added to the Winchester Subdivision Drainage Improvements are as follow:
ITEM NO.
001-1000
000-0000
DESCRIPTION
FORCE ACCOUNT
TEMP. FENCING
UNIT
LS
LF
QUANTITY
1
1000
UNIT PRICE
$33,000.00
PRICE
$33,000.00
3
SEALED BIDS SELECTION METHOD
A method for submitting a bid to perform work on a proposed contract. In general, each party interested
submits a bid in a sealed envelope, and all such bids are opened at the same time and the most favorable
responsible bid is accepted. All bid responses will be retained as property of Augusta-Richmond County.
Conditions for use. All contracts of Augusta-Richmond County shall be awarded by competitive sealed
bidding except as otherwise provided elsewhere in this article (see S 1-10-45- Sealed Proposals; 1-10-46 -
Professional Services; 1-10-47 - Quotations; 1-10-49 - Sole Source Procurement; and 1-10-50 - Emergency
Procurements, of this chapter).
Invitation for bids and specifications. An invitation for bids shall be issued by the Procurement
Office and shall include specifications prepared in accordance with Article 4 (Product ,
Specifications), and all contractual terms and conditions, applicable to the procurement.
Pre-bid conference and addendum. A conference to be conducted by the Procurement Director and using
agency head, if appropriate, hearing will be scheduled at least five (5) working days before receipt of bids.
While the pre-bid conference is not a requirement, it is strongly recommended and widely used to further
acquaint interested bidders with the bid requirements and items to be purchased and vendor input. Any
substantive changes to specifications resulting from the pre-bid conference or other vendor/contractor sessions
shall be documented in an addendum and communicated to all bidders registered for the procurement action.
Bid opening. Sealed Bids shall be opened publicly in the presence of one or more witnesses at the time and
place designated in the public notice and invitation for bids. The amount of each bid, and such other relevant
information as the Procurement Director deems appropriate, together with the name of each bidder shall be
recorded; the record and each bid shall be open to public inspection in accordance with S 1-10-5 (Public
Access to Procurement Information).
Bid acceptance and bid evaluation. Provided that the bids are delivered to the Procurement Director at the
time, place, and under the conditions contained in the Invitation for Bids, the .bids shall be conditionally
accepted without alteration or correction pending evaluation. Bids shall be evaluated based on the
requirements set forth in the invitation for bids, which may include bidder responsiveness, capability and past
performance, and ct1teria to detennine acceptability such as inspection, testing, quality workmanship, delivery,
and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in
evaluation for award shall be objective and clearly measurable, including but not limited to discounts,
transportation costs, and total or life cycle costs. The main advantage of using life-cycle costing is that both
initial costs .and related costs for the life of the item are considered. When the criterion for awarding the
contract is based on lowest responsive bidder, it may mean that the contract specifications are just minimally
complied with. Selecting of the lowest bidder could result in a higher incidence of maintenance, and down-
time could eat up any savings made if the Procurement process considers only the initial cost. Under no
circumstance will any bid be accepted by fax or email. All bids must be labeled and received in the
Procurement office by the due date and time. There will be no exceptions made for any late. lost by the post
office or express carrier. or misdirected submittals.
Please be aware that vendors shall be removed from the vendor list for the following reasons:
(1) Declining to offer bids for the period of time listed in specifications.
(2) Suspension for the following shall not be for less than three (3) months or more than three (3)
years:
(a) Failing to satisfactorily meet terms, agreements, or contracts made with the
Procurement depmtment 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.
4
(c) Violating contract provisions or failing to perform without good cause or any other
cause which the Procurement Director deems to be so seIious as to affect the
responsibility of a contractor, including disbarment or suspension from a vendor list
by another government entity,
PREFERENCE FOR LOCAL SUPPLIERS AND CONTRACTORS
(a) Augusta encourages the use of local suppliers of goods, services and construction products whenever
possible. Augusta also vigorously supports the advantages of an open competitive market place. Nothing in
this Section shall be interpreted to mean that the City Administrator or Purchasing Director is restIicted in any
way from seeking formal bids or proposals from outside the Augusta market area.
(b) When the quotation or informal bids selection method is used by the Purchasing Director or using
agency head to seek firms to quote on Augusta commodity, service and construction products, local firms
should be contacted, if possible, first. Then if the Purchasing Director or using agency head believes that there
may not be at least three qualified informal bidders, quotes shall be sought from outside the Augusta market
area.
(c) In the event of a tie of bid (see 1-10-43 (h)), when all other factors are equal, the City Administrator is
encouraged to select the bid from within the local market area. The City Administrator shall retain the
flexibility to make the award of contract to a bidder outside of the local market area if evidence supports
collusive bidding in favor of a local source.
(d) The local vendor preference policy shall be applied when the lowest local bidder is within 5% or
$10,000, whichever is less, of the lowest non-local bidder. The lowest local bidder will be allowed to match
the bid of the lowest non-local bidder; if matched, the lowest local bidder will be awarded the contract.
For purposes of this section, "local bidder" shall mean a business which:
I) Has had a fixed office or distIibution 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 pIimary
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.
(e) The Purchasing Director shall develop a program to routinely search out local firms that offer products
or services which Augusta may purchase and encourage such firms to place themselves on the bidder's list.
(f) The Purchasing Director shall work closely with Augusta's Disadvantaged Business Enterprise
Program (see Article 7) in an effort to place such qualified firms on the approved list and their products on the
qualified products list.
(g) Nothing in this section shall be interpreted to mean that the City Administrator may abrogate the
provisions of O.C.G.A. 36-10-1 through 36-10-5, Public Works Contracts. This provision of the State Code
requires that all County public works contracts of $20,000 or more as defined therein, be publicly advertised
before letting out the contract to the lowest bidder. Further, nothing in this section shall be interpreted to mean
the City Administrator may abrogate the provisions of the Augusta-Richmond County Code requiIing public
advertisirtg before letting certain contracts."
Section 2.
This Ordinance shall become effective upon adoption.
All Ordinances or parts of Ordinances in conflict with this Ordinance are hereby repealed.
Section 3.
Section 4. If any section, provision, or clause of any part of this Ordinance be declared invalid or
unconstitutional, or if the provisions of any part of this Ordinance as applied to any particular situation or set of
circumstances be declared invalid or unconstitutional, such invalidity shall not be construed to affect portions
of this Ordinance not so held to be invalid, or the application of this Ordinance to other circumstances not so
held to be invalid. It is hereby declared as the intent that this Ordinance would have been adopted had such
invalid portion not be included herein.
5
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 contractuaJ. services to determine their conformance with
the specifications set forth in the pertinent purchase order or contract. The Procurement agent may require
chemical and physical tests of samples submitted with bids and samples of deliveries, which examinations are
necessary to determine quality of the samples and conformance with specifications.
Letting the contract. The contract shall be awarded or let in accordance with procedures set forth herein.
A ward shall occur with reasonable promptness by appropriate written notice to the lowest responsible and
responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids.
In addition to price and other material factors, the Procurement Director, in consultation with the using agency,
shall consider the following in the context of award recommendations:
(1) The ability, capacity, and skill of the bidder to perform, the contract or provide the services required,
(2) The capability of the bidder to perform the contract or provide the service promptly, or within the time
specified, without delay or interference,
(3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder,
(4) The quality of performance on previou s 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 ~upplies 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.
A ward 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 competiti ve 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 oppOltunity for business growth and development.
lB - 1
SECTION IB
INSTRUCTION TO BIDDERS
IB-Ol. GENERAL:
All proposals must be . presented in a sealed envelope, addressed to the Owner. The proposal
must be filed with the Owner on or before the time stated in the invitation for bids. Mailed
proposals will be treated in every respect as though filed in person and will be subject to the
same requirements.
Proposals received subsequent to the time stated will be returned unopened. Prior to the time
stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be
withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of
contract with the successful bidder.
IB-02. EXAMINATION OF WORK:
Each bidder shall, by careful examination, satisfy himself as to the nature and location of the
work, the conformation of the ground, the character, quality and quantity ofthe 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 pre-bid documents will be
made to any bidder orally.
Every request for such interpretation should be in writing addressed to the Purchasing
Department, 530 Greene Street, Augusta, Georgia, 30911 and to be given consideration must be
received at least ten working days prior to the date fixed for the opening of bids.. Any and all
such interpretations and any supplemental instructions will be in the form of written addenda to
the specifications which, if issued, will be sent to the Augusta-Richmond County Purchasing
Director at least five working prior to the date. fixed for the opening of bids. The
Purchasing Director shall send by certified mail with return receipt requested to all
prospective bidders (at the respective addresses furnished for such purposes), not later than three
working days prior to the date fixed for the opening of bids. Failure of any bidder to receive any
such addendum or interpretation shall not relieve such bidder from any obligation under his bid
as submitted. All addenda so issued shall become part of the Contract Documents.
IB - 2
IB-04. PREPARATION OF BIDS:
Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized
representative. Any corrections to entries made on bid forms should be initialed by the person
signing the bid.
Bidders must quote on all items appearing on the bid forms, unless specific directions in the
advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to
quote on all items may disqualify the bid. When quotations on all items are not required, bidders
shall insert the words "no bid" where appropriate. .
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed
if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be
submitted as such, and shall not reveal the total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of
corporations will be signed by an officer of the firm and his signature attested by the secretary
thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-05. BASIS OF AWARD:
The bids will be compared on the basis of unit prices, as extended, which will include and cover
the furnishing of all material and the performance of all labor requisite or proper, and completing
of all the work called for under the accompanying contract, and in the manner set forth and
described in the specifications.
Where estimated, quantities are included in certain items of the proposal, they are for the purpose
of comparing bids. While they are believed to be close approximations, they are not guaranteed.
It is the responsibility of the Contractor to check all items of construction. In case of error in
extension of prices in a proposal, unit bid prices shall govern.
IB-06. BIDDER'S QUALIFICATIONS:
No proposal will be received from any bidder unless he can present satisfactory evidence that he
is skilled in work of a similar nature to that covered by the contract and has sufficient assets to
meet all obligations to be incurred in carrying out the work. He shall submit with his proposal,
sealed in a separate envelope, a FINANCIAL EXPERIENCE AND 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.
IE - 3
IB-07. PERFORMANCE BOND:
At the time of entering into the contract, the Contractor shall give bond to the owner for the use
of the owner and all persons doing work or furnishing skill, tools, machinery or materials under
or for the purpose of such contract, conditional for the payment as they become due, of all just
claims for such work, tools, machinery, skill and terms, for saving the owner harmless from all
cost and charges that may accrue on account of the owner performing the work specified, and for
compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract
satisfactory to the owner and authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof, a certified and effectively
dated copy of the power of attorney.
IB-08. REJECTION OF BIDS:
These proposals are asked for in good faith, and awards will be made as soon as practicable,
provided satisfactory bids are received. The right is reserved, however to waive any
informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest
submitted if such action is deemed to be in the best interest of the Owner.
PPA - 1
GEORGIA PROMPT PAY ACT
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1; et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this
Agreement shall control.
All claims, disputes and other matters in question between the Owner and the Contractor arising
out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court
of Richmond Count, Georgia. The Contractor, by executing this Agreement, specifically
consents to venue in Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall
be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor
specifically waives any claim to same.
NOTICE
All references in this document,. which includes all papers, writings, drawings, plans or
photographs to be used in connection with this document, to "Richmond County Board of
Commissioners" shall be deemed to mean "Augusta Richmond County Commission-Council and
all references to "Chairman" shall be deemed to mean "Mayor".
DISPOSALS
Prior to any material from this project being wasted or otherwise disposed of outside the project
limits the Contractor shall furnish the Engineer a copy of written permission, signed by the
property owner (or his authorized agent) describing the estimated amount and type of material to
be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other
such materials are to be wasted on the property, a copy of the owner's inert landfill permit,
issued by the Environmental Protection Division shall be furnished to the Engineer prior to any
such waste being removed from the project.
In all cases, regardless of the material being wasted, a grading permit issued by Augusta
Richmond County must be furnished to the Engineer.
SP1- 1
Winchester Subdivision Drainage Improvements
Project Number: 322-04-206822651
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)
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 an.y 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.
THIS AGREEMENT, made on the _ day of
, 200_ by and between the
SECTION A
AGREEMENT
City of AUl!usta
party of the first part, hereinafter called the OWNER, and
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter names,
agree as follows:
ARTICLE I - SCOPE OF THE WORK:
The Contractor hereby agrees to furnish all of the materials and all of the equipment and labor
necessary, and to perform all of the work shown on the plans and described in the specifications
for the project entitled:
Winchester Subdivision Drainage Improvements
Project Number: 322-04-206822651
Aild in accordance with the requirements and provisions of the Contract Documents as defined in
the General and Special Conditions hereto attached, which are hereby made a part of this
agreement.
ARTICLE 11- TIME OF COMPLETION - LIQUIDATED DAMAGES:
The work to be performed under this Contract shall be commenced within 10 calendar days after
the date of written notice by the Owner to the Contractor to proceed. All work shall be
completed within 90 calendar days with such extensions of time as are provided for in the
General Conditions.
It is hereby understood and mutually agreed, by and between the contractor and the Owner, that
the date of beginning, rate of progress and the time for completion of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work
shall be executed regularly, diligently, and uninterruptedly at such rate of progress as will insure
full completion thereof within the time specified. It is expressly understood and agreed by and
between the Contractor and the Owner, that the time for completion of the work described herein
is a reasonable time for completion of the same, taking into consideration the average climatic
range and construction conditions prevailing in this locality.
A-I
A - 2
ONCE MOBILIZED, THE CONTRACTOR SHALL NOT STOP MAJOR
CONSTRUCTION ACTIVITIES FOR MORE THAN 14 DAYS, UNLESS APPROVED
BY THE AUGUSTA-RICHMOND COUNTY ENGINEERING DEPARTMENT. IN THE
EVENT THAT UNAPPROVED MAJOR CONSTRUCTION ACTIVITIES ARE CEASED
FOR MORE THAN 14 DAYS, A TOTAL OF ONE THOUSAND DOLLARS ($1.000)
SHALL BE PAID TO THE OWNER FOR EACH AND EVERY CALENDAR DAY THE
CONTRACTOR DOES NOT COMMENCE MAJOR CONSTRUCTION ACTIVITIES.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE
WORK WITHIN THE TIME HEREIN SPECIFIED, then the contractor does hereby agree,
as a part of the consideration for the awarding of this contract, to pay the Owner the sum of One
Thousand Dollars $1.000 not as a penalty, but as liquidated damages for such breach of contract
as hereinafter set forth, for each and every calendar day that the contractor shall be in default
after the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner because
of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the
Owner would, in such event, sustain, and said amounts shall be retained from time to time by the
Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and the
specifications wherein a definite portion and certain length of time is fixed for the additional
time is allowed for the completion of a work, the new time limit fixed by extension shall be the
essence ofthis contract.
ARTICLE III - PAYMENT:
(a) The Contract Sum
The owner shall pay to the Contractor for the perfonnance of the contract the amount as
stated in the Proposal and Schedule of Items. No variations shall be made in the amount
except as set forth in the specifications attached hereto.
(b) Progress Payment
No later than the fifth day of every month, the Contractor shall submit to the Owner's
Engineer, an estimate covering the percentage of the total amount of the contract which has
been completed from the start of the job up to and including the last working day of the
proceeding month, together with such supporting evidence as may be required by the Owner
and/or the Engineer. This estimate shall include only the quantities in place and at the unit
prices as set forth in the Bid Schedule.
On the. vendor run, following approval of the invoice for payment, the owner shall after
deducting previous payments made, pay to the Contractor 90% of the amount of the estimate
on units accepted in place. The 10% retained percentage may be held by the Owner until the
final completion and acceptance of all work under the Contract.
A - 3
ARTICLE IV -ACCEPTANCE AND FINAL PAYMENT:
(a) Upon receipt of written notice that the work is ready for final inspection
acceptance, the Engineer shall within 10 days, make such inspection and when he
finds the work acceptable under the contract and the contract fully performed, he
will promptly issue a final certificate, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under
the terms and conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to the Contractor by
the owner within 15 days after the date of said final certificate.
(b) Before final payment is due, the Contractor shall submit evidence satisfactory to
the Engineer that all payrolls, material bills, and other indebtedness connected
with work have been paid, except that in case of disputed indebtedness of liens of
evidence of payment of all such disputed amounts when adjudicated in cases
where such payment has not already been guaranteed by surety bond.
( c) The making and acceptance of the final payment shall constitute a waiver of all
claims by the Owner, other than those arising from unsettled liens, from faulty
work appearing within 12 months after final payment, from requirements of the
specifications, or from manufacturer's guarantees. It shall also constitute a
waiver of all claims by the contractor except those previously made and still
unsettled.
(d) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer, so
certifies, the Owner shall upon certification of the Engineer, and without
terminating the contract, make payment of the balance due for that portion of the
work fully completed and accepted.
(e) Notwithstanding any provision of the General Conditions, there shall be no
substitution of materials or change in means, methods, techniques, sequences or
procedures of construction that are not determined to be equivalent to those
indicated or required in the Contract Document, without an Amendment to the
Contract.
Each payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
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: (1 J4V-- SEAL
;
/~~ J7;~
Witness
. ::7#Rl;V'~~~O~/ =L_
Title: ~ce ----,z::>,-.eu.~-?_r_
Address: ~o. ~Q')C.. /"')0
&~F ; G/I 3o~"
/
A -4
SEAL
Attest
4h1/%Jr
Secretary .
..
~~S.~~
Witness
Bond No. 929423 714
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 Two Hundred Forty One Thousand Two Hundred Twenty Five and
45/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 241,225.45 ,).
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 Winchester Subdivision Drainage Improvements, City of Augusta, GA
Project Number: 322-04-206822651 (Here insert full name, address and description of project)
in accordance with Drawings and Specifications prepared by
(Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
,-1219/GEEF 10/99 Page 1 of 2
':-/8 by GA resident agent R~ J9. k9. ~ ~
PERFORMANCE BOND
929 423 714
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shaH promptly and faithfuHy perform said
Contract, then this obligation shaH be nuH and void; otherwise it shaH 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 shaH promptly
1) Complete the Contract in accordance with its terms and
conditions, or
2) Obtain a bid or bids for completing the Contract in accordance
with its terms and conditions, and upon determination by Surety of
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
~ti-
day of
C-;:>.:At::.. 5. ~-d---
(Witness)
~"c~~
(Witness)
S-1219/GEEF 10/99
Page 2 of 2
contract or contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the balance of the
contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth
in the first paragraph hereof. The term "balance of the contract
price," as used in this paragraph, shaH 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.
~7
, 2-&>0') .
Blair Construction, Inc., PO Box 770, Evans, '
Georgia 30809
(Seal)
(Principal)
~ii~l(!J~~
(Title)
Western Surety Company, CNA Plaza, Chicago,
Illinois 60685
(Seal)
(Surety)
Z3~ !'4f;Ji..
Buck Leigh, Attorney- -Fact
(Title)
LABOR AND MATERIAL PAYMENT BOND
Bond No. 929 423 714
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 Two Hundred Forty
One Thousand Two Hundred Twenty Five and 45/100 - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 241,225.45 .).
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 Winchester Subdivision Drainage Improvements, City of Augusta, GA
Project Number: 322-04-206822651 (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.
i-1220/GEEF 10/99
Page 1 of 2
LABOR AND MATERIAL PAYMENT BOND
929423714
NOW, THEREFORE, THE CONDITION OF THIS OBLlGA TION is such that, if Principal shall promptly make payment to all claimants as hereinafter
jetined, for all labor and material used or reasonably required for use in the perfonnance 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 perfonnance 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
~quipment directly applicable to the Contract.
2, The above named Principal and Surety hereby jointly and
,everally 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)
jays after the date on which the last of such claimant's work or labor was
jone or perfonned, or materials were furnished by such claimant, may sue
)n this bond for the use of such claimant, prosecute the suit to final
ludgment for such sum or sums as may be justly due claimant, and have
~xecution thereon, The Owner shall not be liable for the payment of any
;osts or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
1) 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
lfter such claimant did or perfonned the last of the work or labor, or
furnished the last of the materials for which said claim is made, stating
.vith substantial accuracy the amount claimed and the name of the party to
.vhom the materials
;igned and sealed this
<:J~
day of
-:J ."/~
/
.
~S-~~
(Witness)
-~!/-eo~
(Witness)
S-1220/GEEF 10/99
Page 2 of 2
were furnished, or for whom the work or labor was done or perfonned.
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 of limitation pennitted 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.
,C-Oc>/.
Blair Construction, Inc., PO Box 770, Evans,
Georgia 30809
(Seal)
(Principal)
AA t(!1~~
\,/, c..e... ?...e.~" e--d-
(Title)
Western Surety Company, CNA Plaza, Chicago,
Illinois 60685
(Seal)
(Surety)
I
)
"
(
"'B u4.t. ~1 ';,1, ~
Buck Leigh, Attorney- act
(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
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed,
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation,
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 23rd day of March, 2006,
WESTERN SURETY COMPANY
-/2~0L~
Paul . Bruflat, SeDlor V Ice PreSident
State of South Dakota
County of Minnehaha
} ss
On this 23rd day of March, 2006, before me personally came Paul T, Bruflat,to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation,
My commission expires
+~~~~~~~~~~~~~~~~~~~~~~~~+
~ D. KRELL ~
I I
$~NOTARY PUBLIC~$
I~SOUTH DAKOTA~I
I I
+........"'.................................... +
~
~..blk
November 30, 2006
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY CaMP ANY 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 whereofI have hereunto subscribed
my name and affixed the seal of the said corporation this <7" ~ day of ~ I..,.. 200;1
I
WESTERN SURETY COMPANY
~ ~:'.~-
Form F4280-01-02
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.
Southern Asphalt
P. O. Box 770
Evans, GA 30809
INSURERS AFFORDING COVERAGE
INSURER A: National Trust Insurance
INSURERB: FCCI Insurance CO.
INSURER c:
INSURER 0:
INSURER E:
NAlC#
lte: 6/27/2007
Time: 4:14 PM
To. Blair @ 9,17068681855
Paqe: 002-003
DATE (MMlDDIVYYY)
06/27/2007
THIS CERTIFICATE IS ISSUED AS A MA ITER OF INFORMA nON
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ACORQ. CERTIFICATE OF LIABILITY INSURANCE
COVERAGF=S
TI-lE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TI-lE INSURED NAMED ABOVE FOR TI-lE POLICY PERIOD INDICATED. NOlWlTI-lSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO \MilCH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, TI-lE INSURANCE AFFORDED BY TI-lE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL TI-lE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD'L TYPE OF INSURANCE POLICY NUMBER PgkW~tf,g~ P~~~I'i.~~~N L1Mrrs
LTR Nii~~
GENERAL L1ABILnY CPPOO04476 02/14/2007 02/14/2008 EACH OCCURRENCE $ 1,000,000
-
X COMMERCiAl GENERAL L1ABILlIY OAMAGE TO RENTED $ 50,000
l CLAJMS MADE 0 OCCUR MEO EXP (My one person) $ 5,OOe
A PERSONAL & f>DV INJURY $ l,OOO,Ooe
- 2,000,OOC
GENERAl AGGREGATE $
-
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPfOP AGG $ 2,000,000
I POLICY [Xl j~8r n LOC
AUTOMOBILE L1ABILnY CA 0005458 02/14/2007 02/14/2008 COMBINED SINGLE LIMIT
- $
X ANY AUTO (Ea accident) 1. 000, 000
-
ALL OWNED AUTOS BODILY INJURY
- $
SCHEDULED AUTOS (Per person)
A X
HIRED AUTOS BODILY INJURY
I-- $
~ NON-OWNED AUTOS (Per accident)
I-- PROPERlY DAMAGE $
(Per accident)
GARAGE LIABILnY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESSJUMBRELLA LIABILnY UMBOO02841 02/14/2007 02/14/2008 EACH OCCURRENCE $ 5,000,000
o OCCUR 0 CLAIMS MADE AGGREGATE $ 5,OOO,Ooe
B $
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND 010-WC06A-54981 02/14/2007 02/14/2008 X 1"!x~vS;r~'W<: I I OJb!"
EMPLOYERS'LIABILnY OFFICERS INCLUDED E.L. EACH ACCIDENT 1 000,000
A ANY PROPRIETORfPARTNERfEXECUTIVE $
OFFICER/MEMBER EXCLUOED? E.L. DISEASE - EA EMPLOYEE $ 1,000,000
If yes, descnbe under 1,000,000
SPECIAL PROVISIONS below E L DISE4SE - POLICY LIMIT $
OTHER
rf.ESCRIPTlON OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS Amount $241,225.45
roj: Winchester Subdivision Frainage Improvements, Augusta, GA Contract
C
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE TI-IEREOF, TI-IE ISSUING INSURER WILL ENDEAVOR TO MAIL
.3Q.... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLOER NAMED TO TI-IE LEFT,
BUT FAILURE TO MAlL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILnY
Augusta, GA Commission
Room 60S-Municipal Building
Augusta, GA 30911
OF AIoN KIND UPON TI-IE INSURER, rrs AGENTS OR REPRESENTATIVES,
AUll-tORIZED REPRESENTATIVE
Mark Ja
es CSP/LINDAM
-/o/-...e C h---
ACORD 25 (2001/08)
@ACORD CORPORATION 1988
a: 6/27/2007 Time: 4:14 PM To: Blair @ 9,17068681855
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
~CORD 25 (2001/08)
Paqe: 003-003
;.
GENERAL CONDITIONS
TABLE OF CONTENTS OF GENERAL CONDITIONS
Artide
Number Title
. DEFINITIONS......................................................
:! PRELI~IINAR 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....................:.... ................
( I CHANGE OF CONTRACT PRICE..................................
12 CHANGE OF CONTRACT TIME.. ............. ....................
lJ WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK........................... 24
I~ PAYMENTS TO CONTRACTOR AND COMPLETION ............ 26
15 SUSPENSIONOFWORKANDTERMINATION........ .......... 29
16 ARB ITRA TI 0 N ....................................................... 31
17 MISCELLANEOUS................ ...................... ........... 32
-:...... .
3
PaKE'
7 . .
~
8
9
10
II
14
18
19
19
21
21
24
Contractor's Warranty of TIele ........................ 14.3
Concractors--other .. . . . . .. .. .. . ...... .. " .. .. .. ... ... . .. 7
Contractual Liabilicy Insurance .......,................ S.4
Coordinating Conuactor-delinition of ................ 7.4
Coordination .......................................... 7.4
Copies of Documents ................. .. .. . . ~. . . . . . . . .. 2.Z
Correction or Removal of Defective Worle ........... 13.1 J
Correction Period. One Year .........,.............. 13.12
Com:ction. Removal or Acceptance of Defective
Work-in general ........................... 13.11-13.14
Cost-net decrease .................. .. :. .. ". . . . : '" 1l.6.2
Cost of Work ....................... .. .. .. ... :. .. 11.4- 1 1.5
Coses. Supplemencal .................. .. ..... .. .. ... 1l.4J
INDEX TO GENERAL CONDITIONS
Anic/e or Paragraph
Numbtr
Acceptance of Insurance ............................. 5.13
Access (0 (he Work ..................................13.2
Addenda-detinition of (See detinition of
Specifications! ........................................ 1
AsrcemenC-detinition of ................................ I
All Ris Ie InS-ul"3.nce ..................................... 5.6
Amendmen(. Written ............................. I. J .1.1
Application for Payment-detinition of .................. I
Application for Payment. Final ....................... 14.12
Application for Progress Payment .................... 14.2
Application for Progress Payment-review of .... 14.4-14.7
Arbitration ..:............................................. 16
Authorized Variation in Worle ......................... 9.5
. A vailabilicy of Lands' .................................. 4.1.
A ward. Notice Of--detined .............................. 1
Before Starting Construction .............,........ 2..5~2.i
Bid--deiinition.of ....................................... 1
Bonds and Insurance_in general ........................ 5
Bonds--<leiinition of. . .. ... . ... . . .. .. . , .. . . . . . .. .. . .. .. " I
Bonds. Delivervof ................................. Z.I.'s.1
Bonds. Perfo~ance and Other .................... 5.1-5.1
Cash Allowances ...... '.' .. .... . . . . .. . . .. ... . ... .. .... 1 1.8
Change Order-delinition of ..:. . . . . .. . . . . . . . . .. . . ~'. . . . .. I
Change Orders-to be executed ...................... 10.4
Changes in the Work :.:................................10
Claims. Waiver of-on Final Payment ............... 14.16
Claritications and Interpretations ...................... 9.4
Cleaning .............................................. 6.1 i
Compietion .. . . . . . . . . . . ... . . . . . . . . . .. .. .. . . . . . . .. .. . . .. .. 14
Completion. Substantial ......................... 14.8- 14.9
Conference. Preconstruction .......................... 2.8
Conflict. Error. Discrepancy-Concractor
(0 Report .....................................; 1.5. 3.3
Construction Machinery. Equipmei1C. etc. ............. 6A
Continuing Work.. ...... ........ ......... ............ 6.19
Contract Documents-amending and
SUpplemencinlt .,.......... ....................... 3.4-3.5
Contract DOcu~ent.s--<letinition of ...................... J
Contract Documencs~lntent ...................... J.1 ~3.3
COntract Documents-Reuse of ....................... J.6
Contract Price. Change of .............................. 1 I
Contract Price-detinition ............................... I
COntract Time. Change of .............................. (1
COnlract Time. Commencement of .................... '::.3
Concract Time-definition of ............................ I
Contractor-derinition of .......................;........ 1
Contractor May SlOp Work or Terminate.........,... (5.5
Concracto' C . . ObI' . . 14 I ~
r s OnClnulng IgaClon.................. ._
C~ml'3ctor's DUty to Report Di.screpancy
In DOcuments ................................... '::.5. 3.2
Cunc/'llctar's Fc:~-Cast Plus '" 11.4.5.6.11..5.1.11.6-11.7
COntl'3cto' L' b '(' r 5 '
r s III I Ity nsurance ....................... .J
Con(/'llctor' R 'b'I' '. 1 ' 6
s esponsl I lCles--ln genera .......... . .. . . .
../....
Day--<ieiinition of . . . .. .. . ..... .. . " '. " ....... . . . . .. ,. .. I
Dt'furivt'-definition of ................................. I
Dtftcrivt Work. Acceptance of....... ........;...... 13.13
Dtftctivt Work. Correction or Removal of .......... 13.11-
Dtftctive Work-in general........ ....... 13.14.7, 14.11
Dt'ft'crivt' Work. Rejecting .............. ............... 9.6
Definitions ........................,........,............ I
Delivery of Bonds.. ......................... .... ........ 2.1
Dctcnninacion for Unit Prices ..... .., ................ 9.10
Disputes. Decisions by Engineer ............. ....9.11.9.12
Documents. Copie's of ........ .. .. .... ... '" ... .. ... . .. 2.2
Documents. Record ................., _. . . .. . .. .. .. . .. 6.19
Documents. Reuse ..................................., 3.6'
Drawings--definiuon of ................................. 1
Easements ............................................ 4.1
Effective date of Agreement-definition of..... .... ... ... 1
Emergencies ............. .... . . . . ..., .. .. .. ... . .. . . '" 6..::1
Engineer-detinition of ................ .. .... .. .. . , ... ... I
Engineer's Decisions ..... ............~.. ........ 9.10-9.12
Engineer's-Notice Work is Acceptable ......,.,.,.. 14.13.
Engineer's Recommendation of Payment ...... 14.4.1.4.13
Engineer's Responsibilities. Limitations .
on ................. 6;6,9.11,9.13-9.16,18.2
Engineer's Status During ConstrUction-in general ...... 9
Equipment. ubor. Materials and................:. 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
E;'(plorations of physical conditions ................... 4,1
Fee. Conlractor's-Coscs Plus. ....................... 11.6
Field.Order-detinition of ............................... I
Field Order-issued by Engineer ................ 3.5.1. 9.5
Final AppHc:uion for Payment ....................... 14. 12
Final Inspection ..................................... f 4.11
Final Payment and Acceptance ...................... J 4. 13
Final-Payment. Recommendation of .. .......... 14. J3-14. 14
Gt:neral Provisions .................. ~.........,. 17.3-17.4
General Requiremenls-deJinicion of...... ............. .. I
General Requiremenls-principal
references to ................. 2.6.4.4.6.4.6.6-6.7.6.:3
..
Giving Notice....... ........ .............. ..... ...... 17.1
Guarantee of Work-by Contractor................ ..'. 13. I
Indemnification. . . . . . . . . .. . . .. .. . . . . . . . . . . .. Q.30-6.32, 7.5
. Inspection. Final ..................................... 14.1 I
Icspection, Tests and ..... _..... ........ .............. 13.3
Insurance, Bonds and-in general ....... .._.............. 5
Imurance. C ertiftcates of ........................... 2.1, 5
Insurance-complcted 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 Documencs ................... 3.3, 9.14
Interpretations and Clarifications ...................... 9.4
Investigations of physicalcondicions ................... 4.1
Labor. Materials and Equipment .................. 6.3-6..5
Laws and Regulation.s-<iefinition of ..................... 1
Laws and Regulations-general .. ... . .. . . ... .. ... . . ... 6.14
Liability Insurance-Concractor's ..................... .5.3
Liability Insurance-0wner's ......................... 5..5
Licns--delinitions' of ................................ 14.2
Limitlltion.s on Engineer's
Responsibilities ......... .... :....... 6.6,9.1 1,9.13-9.16
Materials and equipmenc-furni.shed by Contractor .... 6..3
Material.s andequipment-not
incorporated in Work .............................. 14.2
Materials or equipment--equivalent . .;. . .. .... .. . . .. .. 6.7
MiscelIaneous Provisions ............................... 17
Multi.prime Contracts ................................... 7
Notice. Giving of .....................................17.1
Notice of Acceptability of Project ................... 14.13
Notice of Award-definition of ......... ~. ........ ....... 1
Notice to Proceed-definition of ............... .......... 1
N oeice to Proceed-giving of .......................... :U
"Or.Equal.' Items..................................... 6.7
Other Contractors ............;..;....................... 7
Other worle . . " . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. . . . . . . . . .. 7
Overtime Work-prohibition of . . . . .:. . . . . .. . .. . . . . . . .. 6.3
Owner--definition of .................................... 1
Owner May Correct Defecrive Work. .. ... ........... 13.14
Owner May Step Work.............................. 13. iO
OWner May SUspend Work. Terminate .......... 15.1~15A
Owner's DUty [0 Execute Change Orders.......... ... 11.3
Owner's Liability Insumnce ........................... 5.5
Owner's Representative-Engineer to serve as ......... 9.1
Owner's R 'b'l. '. I 8
esponSI I lCles-m genera ....................
Owner's Se a . t R " 9 .
P m e epresencauve at SIte ............... .J
Partial Utilization .................................. 14. 10
Partial Utilization-definicion of ......................... I
Partial UtiI' c' p' I . - 15
Iza lon- roperty nsurance ............... ).
Patem Fees and Royaltie~ ............................ 6.1:
Payments. Recommendation of ........... 14.4-14.7. 14./3
P:lyments to C"nt.... t' I . I'
" I..C or-In genera .................... ..
Paymencs co Contractor-when due ........... 14.4, 14.13
Payments to Contractor-wicb1tolding ................ 14.7
Perfonnance and ocher Bonds ..................... 5.1".2
Pennits ....... . . . . . . . . . . .... .. .. .; , .. .. ....... .. .. . .... 6.13
Physical Condition.s ................................... 4.2
Physiclll Conditions-Engineer's review.... . . ... .... 4.2.4
Physical Condition.s-exiscing structures... .. .... .... 4.2.2
. Physical Condition.s-explorations and reports....... 4.2.1
Physiclll Conditions-possible document change ..... 4.2.5
Physical Conditions-price and time adjustments " ~. 4.2.5
Physical Conditions-report of differing ............. .4.2.3
Physical Conditions-Underground Facilities.......... 4.3
Preconstnlction Conference ........................... 2.8
Preliminary Matten ...................................... Z
Premises. Use of ................................ 6. 16-Q. IS'
Price. Change of Contract .............................. 11
Prlce.Contract-4efinition of ............................ I
Progress Payment. Application.s for. . ... .. .. ;. .. .. ;. .. 14.2
Progress Payment-retamage .......... _ .. .. .. .. .. .. ..14.1
Progress schedule ............... 2.6.2.9,6.6.6.29, 15.2.6
Project--delinition of ~ . . . . . . . . . . . . . . .. .. .. . . . . . . .. . . . . . '. I
Project Representation-provision for .................. 9.3
Project Representative, Resident-deanition o~ . .. . .... .. 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
Procection. Safety and .................. .. .. .. .... 6.Z~.21
Punch list ............................................ 14.11
Recommendation of Payment......... .. ....... 14.4, 14.13
Record Document.s ................................... 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.,<ciusive ............................. 17.4
Removal or Correction of Dtfecrive Work ........... 13.1/
Resident Project Representative-detinicion of ..... . . . . .. 1
Resident Project Representative-provisiCJn for.... .. .. 9.3
Responsibilities~ Contractor's-in general ............... 6
Responsibilitie.s. -Engineer'!-in gltneral ................. 9
Responsibilities. Owner's-in general . .. . . . . . . . .. . . . . . . .. 8
Retainage ....:....................................... 14.1
Reuse of Documents ..............,... ......... ........ 3.5
Rights of Way .......................................... ~.I
Royalties. P:uent Fees and ........................... 6.1:2
Safety and Protection ....... 6.20-6.21, 18.1-18.2
Samples ............................... _.. .. .. .... 6.23-6.18
Schedule of progress ........ 1.6. 2.8.2.9.6.6.6.19. 15.1.6
. Schedule of Shop Drawing
submissions..... ................. 1.6. 2.8-2.9. 6.13. 14.1
Schedule of values ...................... 2.6. 2.8-2.9. 14.1
Schedules. Finalizing ....... ....... .. '. ................ 2.9
Shop Drawings Clnd Samples....... .. .. .......... 6.13-6.28
Shop Drawings-definition' of...... .. .. .. ................ I
Shop Drawings, use co approve
substitucions ... .;........... ................. ..... 6.1.3
5
Site, Visits te>-by Engineer ........................... 9.2
Specitications-<letinition of .............................. 1
Starting Construction. Before............. ......... 2.S.2.8
Starting the Project..... .. . ;.. . .'. . . . .. . . .. .. .. . . . . . . . .. 2.4
Slopping Work-by Contractor....................... 15.5
Stopping Work-by OWner.. ........................ 13.10
S ubcontractor-definition of ....... . .. . . . . . . . . . . . . . . .. . .. 1
. . Subcontractors-in general............... .... " .. 6.8-6.11
. Subcontracts-required provisions ............ 5.11.1. 6.11
J 1.4.3
SubstantialCompletio~ertification of ..,........... 14.8
SUbstantialCompletiOn-detinition of.................... 1
Substitute or "Or.EquaJ" Items .~...................... 6.7
Subsurface Conditions. . . . .... . . .. .. . . ... . .. . . . . . .. 4.2-4.3
Supplemental costs ..........................,...... 11.4.5
Supplementary Conditions-detinition of ~............... 1
Supplementary Conditions-principa!
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--<ielinition of . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. .. 1
Suppiier-princip21 references to ... 3.6.6.5.6.7-6.9.6.20.
6.24,9.13,9.16. I1.B, 13.4. 14.12
Surety-consent to payment;................. 14.12, 14.14
Surety-Engineer has no duty to ..................... 9~ 13
Surety-notice to ..........................10.1.10.5,15.1.
Surety-qua!itieation of .....:..................... .5 .1-5.2
Suspending Work. by Owner ....;.................... 15.1
Suspension of Work and Termination-fn general....... 15
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
Tennination. Suspension of Work and-ingener.Li ...... 15
Tescsand Inspections ........................... 13.3-13.7
Time. Ch~ge of Contract .......................,........ 12
.:-'..
Time, Computation of ................................ 17.2
Time. Contract--<iefinition of. .. .. . ... " . . . .. . . . . . .. .. . .. I
Uncovering Worle .................;............. 13.8-13.9
UnderiTound Facilitics-definition or .................... I
Underground Facilitics-not shown or indicated ..... 4.3.2
Underground Facilities-protcction of ... ........ 4.3. 5.20
Underground Facilities-shown or indicated. ........ 4.3.1
Unit Price Work--<iefinition of .......................... I
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 ownen ..................... ..... 6.13,6.20. 7.2-7.3
Values. Schedule of .......................... 2.6.2;9.14.1
Variations in Work~Authorizl:d............ 6.25.6.17.9.5
Visits to Site-by Engineer ........................ " . '. 9.1
W~ver ofClaim~n Final Payment ....... ........... 14.16.
Waiver of Rights by insured parties ............,. 5.10. 6.11
Warranty and Guarantee-by Contractor ....:........ (3.1
Warranty of Title. Contractor"s ...................:...14.3
Work. Access to .............. ..... . .. . ..' . . . . . .. .'. . . .. 13.:!
Work-by others ....... ,.. .... ........... ..... ...........7
Work Continuing During Disputes ................... .6.29
Work. Cost of ........ . . . . . .. '. . .... .. . . . . .. . . '" 11.4-11.5
Work--d.elinition of ............ ..~............ ........... 1 .
Work Directive Change-<ielinition of ......;..... ~.... .. 1
Work Directive Change-principal ,
references to ............................).4.3. 10 .1-1 0,1
Work. Neglected by Contractor ..................... 13.14
Wark. Slopping by Contractor. . . . .. . . . . . . . . . . . . . . . . .. 15.5
Work. Stopping by Owner..... .................. 15.1-15.4
Written Amendment-<lelinitio!l of ...........;.......... 1
Written Amendment-principal
references to ....;................ 3.4.1. 10.1. 11.2. 12.1
6
GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
Wherever used in these deneral Cundilions or in the other'
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
AJdf!n"a~Wri[(en or graphic instruments issued prior to the
opening of Bids which clarify. corret:t ur change the bidding
documents or [he Contract Documents.
Agr!'r!llll!llr- The written agreement between OWN ER and
CONTRACTOR coverin2 the Work to be performed: other
Contract Documents are ;ttached to [he ,'\greement and made
a part thereof as provided therein.
Applicwiol/ jf}r Paymerrt- The form accepted by ENGI-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include,such sup-
porting documentation as is required by the Contract
Documents.
Bid-The offer or proposal of the bidder submitted on, the
prescribed form setcing forth the prices for the Work to be
performed.
Bonds-Bid. performance and payment bonds and other
instruments of security.
Change Order-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes'an addition. deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Time. issued
on or after the Effecti\'e Date of the Agreement.
Contracr Do Cl/111!'1Irs- The Agreement. Addenda I which per-
tain to the Contmct Documents). CONTRACTOR's Bid
Cincluding documentDtion accompanying [he Bid and any post-
Bid documentation submitted prior'lo 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-
citicaliy identified in the Agreement. together w.ith all amend-
ments. modifications and supplements issued pursuant to
paragraphs JA and 3.5 Lln or after the Effective Date of the
Agreement.
CVlltfact Price-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisiuns of paragraph I I .9.1 in
Ihe case of U nit Price Work).
COlltrll('t Tilll('-The number of days (computed us provided
in parngraph 17.~i or th~ uate sUited in [he Agreement for the
completion of the Work.
CONTRACTOR_The person. firm or curpomtion with whom
OWNER htl~ entered into the Agreement.
Jefecril'e-An adjective which when modifying the word Work
refers to Work that is unsatisfactory. faulty or deficient, or
does not conform to the Contract Documents. or does not
meet the requirements of any inspection. reference standard.
test or approval referred to in the Contract Documents. or
has been damaged prior to ENGINEER's recommendation
of final payment funless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.10).
Drall'illgs- The drawings which show the character and scope
of the Work to be performed and which have been prepared
or approved by ENGIN EER and are referred to in the Con-
tract Documents.
Effecril'/! Dme of rlre Aw!'eme/it- The date indicated in the,
Agreement on which it becomesetTective. but ifno such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parries to sign and
deliver.
E.VGINEER- The person. lirm orcorporation'!1amedas such
in the Agreement. 'If'
Field Order-A written order issued b~' 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.
Gelleral Requir!'me/lts--Sections of Division I of the Speci-
fications.
Laws and Regularions: LaJ....s orReglllations-Laws. rules.
regulations. ordinances. codes and/or orders.
'Nvric/! of Award-The written notice by OWNER to the
apparent successful bidoer stating [hat 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 tv Procud-A written notice given by OWNER to
CONTRACTOR (with a copy to E~GINEER) fixing the date
on which the Contract Time will commence to run and 011
which CONTRACTOR shall start to perform CONTRAC-
TOR'S obligations under the Contract Documents.
OWNER-The public body or authority. corporation. asso-
ciation. linn or person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be provided.
Parriell Utifi::elticJ//-Placing a portionof the Work in service
rorrhe purpose for which it is intended (or a related purpose)
before reaching Substantial Completion for all the Work.
Prvj!'ct- The toml construction of which the Work to be
provided under the Contract Documents may be the whole.
or a parr as indicated elsewhere in the Contract Documents.
Rt!sideJ/t Project RL'prl'.rf!lIflltil'e- The authorized represen.
tative of ENGIN EER whu is assigned to the site or an}" part
thereof. '
7
Shop Drawing.r-AJl drawings, diagrams. illustrations,
schedules and other data which are specifically prepared by
or for CONTRACTOR to illustrate some portion or the Worle
and all illusu-a.tions. brochures. standard schedules, perfor-
mance charts. instructions. diagrams and other infonnadon
prepared by a Supplier and submitted by CONTRAcrOR to
illustrate material or equipment for some portion of the Work.
5pr!cificarions- Those portions of the Contract Documents
consisting of written technical descriptions of materials,
equipment. construction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
5ubconrracror-An individual. lirm or corporation having a
direct contract with CONTRAcrOR orwith any other Sub- '
contractor for the perfonnance of a part of the Work at the
site.
Substanrial Completion-The Work (ora specified part thereoO
has progressed to the point where. in the opinion of'ENG!-
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion. it is sufficiently complete. in
accordance with the Contract Documents, so that the Work
(or specified pan) can be utilized for the purposes for which
it is !ntended; 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.
Supplemtritary Condition.r-The pan: oCthe Contract Docu-
ments which amends or supplements these General Condi- ,
tions.
Suppliu-A manufacturer. fabricator, supplier. distributor.
materialman or vendor.
Underground Facilities-All pipelines. conduits. ducts. cables.
wires. manholes. vaults. tanks. tunnels orother such facilities
ar attachments. and any encasements containing such facil-
ities which have been installed underground to furnish any of
the fOllOWing services or materials; electricity, gases, steam.
liquid petroleum products, telephone or other, communica-
tions. cable television. sewage and drainage removal. traffic
or other Control systems or water.
Utlir Price Work-Work to be paid for on the basis of unit
prices.
Work-The entire completed construction or the various sep-
ai'ately idemifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
fanning services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
~ required by the Contract Documents.
Work Dirutive 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 ili the Work. or
responding to differing or unforeseen physical conditions under
,which the Work is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A Worle
Directive Change may not change the Contract Price or the
Contract Time. but is evidence that the parties expecul1at
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.
Written Amendment-A written amendment of ,the Contract
Documents. signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally deal-
ing with the nonengineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MAnERS
,
r~
Dfiivery of Bow:
:!.I. When CONTRAcrOR delivers the executed Agree-
ments to OWNER. CONTRACTOR shailalso deliver [0
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copitr of Documtnts:
:!.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-
essarv for the execution of the Work. Additional copies will
be fu~ished. upon request. at the cost of reproduction.
CommenceTTU1U of Coniracr Time,. Notice ro P~oceed:
2.3. The Contract Time will commence [0 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.
SI4.rtinr1he P~ojecl:
1.4. CONTRACTOR shall start to perform the Work on
the date when the Contract Time commences to run. but no
Work shall be done at the site prior to [he date on which the
Contract Time commences to run.
Btfore Starring Construction:
2.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
8
thereon and all applicable neld measurements. CONTRAC-
TOR shall promptly report in writing to ENG,INEER nny
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain a wnccen interpretation or clarifi-
cation from ENGINEER oefore proceeding with any Work
affected [hereby: however. CON.TRACTOR shall not be lia-
ble co OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents.
unless CONTRACTOR had nccuaJ knowledge thereof or should
reasonably have known thereof.
2.6. Within ten davs nfter the EffectiveDace of the Agree-
ment (unless otherwise spt:cified in the General Require-
ments). CONTRACTOR shall submit to ENGINEER for
review:
2.6.1. an es~imaced pr:ogress schedule indicating the
starting and completion dates of chevarious stages of the
'Work:
2.6.2. a preliminary schedule of S~op Drawing sub-
missions: and
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating [he 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
protit 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) whic:hCONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4. and
OWNER shall deliver [0 CONTRACTOR certifica.tes (and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
a~cordance with paragraphs 5.6 and5. 7.
Puconstructioll Conference:
~.8. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR starts tht: Work at
the Site. a. conference attended by CONTRACTOR. ENGI-
NEER and others as appropriate will be held to Jiscuss the
schedul~s referred to inparngraph 2.6. to discuss procedures
for handling Shop DraWings and other submittals and for
processing Applications for Payment. and co establish a working
understanding among the parties as to the Work.
Finali::.ing Schedules:
2.9. At I~ast ten dm's before submission of th~ firs[ Appli-
cation for Parr'nent a 'conference attended by CONTRAC-
TOR. ENGINEER ami uthers us approprinte will be h~ld to
finulize the ~<:h~dules submitted in accordunc~ with pura-
graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within th~ Contract Tim~. but such
acceptance will neither impose on ENGINEER responsibility
for the progress or schedUling of the Work nor relieve CON-
TRACTOR from full responsibilitY therefor. The finalized
schedule of Shop Drawing submissions will be acc~ptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The tinalized schedule of values will
be acceptable to ENGIN EER as to form and substance.
ARTICLE 3-CONTRACT DOCUME?-ITS: INTENT.'
AMENDING. REUSE
[nUnt:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for by one is as 'binding as j[called (or by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereot) to be con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred,
from the Contract Documents as being required to produce
the intended result will be supplied whether or not specifically
caUed for. When words which have a well-known technical
or trade 'meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
thae meaning. Reference to standard specificaeions. manuals'
orcodes afany technical society. organization or association.
ono the Laws or Regulations of any governmental authority.
whether such reference be specific or by implication. sholl
menn the latest standard specification. manual. code or Laws
or Regullleions in effect at the time of opening of Bids (or. on
the Effective Date of the Agreement if there were no Bidsl.
except as may be otherwise specifically stated. However.-no
provision of any referenced standard specification. ,manual
or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be effective to change the
duties and responsibilities of OWN ER. CONTRACTOR or
ENGINEER. or any of their consu1tllntS. agents or t:mploy-
~es from those set forth in the Contract Documents. nor shall
it be effective to assign to ENGINEER. or a.ny of ENGI-
NEER's consultants. agents or employees. a.ny duty or
authority Co supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake respunsi-
bility contrary to the provisions of pamgraph 9./5 ur 9.16.
Clarifications and interpretations of the Contract Documents
~hall be issued by ENGINEER a.s provided in parngraph9.i.
3.3. If. during the perfurmunce of the Work. CONTRAC.
TOR nnds a conHict. errur or discrepancy in the Contract
Documents. CONTRACTOR shall so report to ENGINEER
in writing ut once und betore proceeding with the Workatfectetl
th~reby shull obtain u written in'terpretution ur claritication
9
from ENGINEER: however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to repon any
coniHet. error or discrepancy in the Contract bocuments
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
Amending tJn4 Suppum,1'Uinl CO,ntra.ci Documents:
3.4. The Contract Documents may be amended to pro-,
vide for additions, deletions and revisions in the Work or 10
modify the terms and conditions thereof in one or more of
[he following ways:
3.4.1. a formal Written Amendment.
or
3.4.2. a Change Order (pursuant to paragraph lOA',
3.4..3. a Work Directive Change (pursuant to para-
graph 10.1).
As indicated in paragraphs 11.1 and ,12.1. Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
3..5. In addition. the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
follOWing ways:
3..5.1. a Field Order (pursuant to paragraph 9.5),
3..5.2. ENGINEER.s approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27), or
3.5.3. ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
R,UJ, of Documl!rrts:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or Other person or organiZation performing or fur-
' ni.shing any of the Work under a direct or indirect cO'ntract
~itb OWNER shall have or acquire any title; to or oW,nership
I1ghts in any of the DraWings. Specifications or other docu-
ments (or COpies of any thereof) prepared by or bearing the
seal of ENGINEER: and they shall not reuse any of them on
extensions of the Project or any other project without written
Consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
A.RTICLE 4-A V AILASlLITY OF LANDS; PHYSICAL
CONDITIONS: REFERENCE POINTS
.4 vaila.hiJiry of Lands:
4.1. OWNER shaH furnish, as indicated in the Contract
Documents, the lands upon which the Work is Lo be per.
fonned, rights-of-way and easements for access thereto, and
. .
such other lands which are designated for the use of CON.
TRACTOR. Easements for permanent structures or penna.
~ent 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 Anicle 1:2. CONTRACTOR shall.provide fQr all
additional lands and'access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Phy!~aJ Conditions:
4.2.1. Explorations and Reports: Reference is made
to the Supplementary Conditions for identification of those
repons of explorations and tests of subsurface conditions
at the site that have been utilized by ENG[NEERin prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data centained in
such repons. 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,che 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 of Dijftring CondiTions: If CONTltA.C.
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 4.2.1 is inaccurate. or
4.1..3.1. 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 connection
[herewith (except in an emergency as -permitted by para.
graph 6.211. notify OWNER and.ENGINEER in writing
about the inaccuracy or difference.
10
.L2..L E..VGINEER's Rel'il!l\': ENGfNEER will
prompcly review the pertinent conditions. determine the
necessity of obtaining additional e.xplor;uions or tests with
respect thereto and advise OWN ER in writing (with a copy
to CONTRACTOR) of ENGfNEER's findings and con-
c/usions.
4.2.5. Possihle Dammenr CllClnge: If ENGINEER
concludes that there is a material c:rror in the Contract
Documents or that because of newly discovered condi-
rions ilchange in [he Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to re~ect and document the
consequences of the inaccuracy or difference.
4.2.6. PO.fJihle PriCI! and Tim/.' AdjusTIIlI.'llTS: In each
such case. an increase or decrease in the Contract Price
or an e:<tension or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
[he~' are :mributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles II and 12.
Physical Conditionr-Clrdtrground Facilili~s:
4.3.1. Sholl'n O/' IndicaTed: The information and data
shown or indicated in the Contract Documents with respect
to existing Underground Facilities ator contiguous [0 tlie
site is based on information and data furnished to OWNER
or ENGINEER by the Owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or .completeness of any
such information or data: and.
.U.1.2. CONTRACTOR shall have 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 tbe owners of such Underground
Facilities during construction. for the safety and 'pro.
tection thereof as provided in' paragraph 6.~O and
repairing any damage thereto resulting from the Work.
the cost of all of which will be considered as havin2
been included in the Contract Price. -
~.3.2. No! S/roll'lI 01' III dicuTl!d. If an Underground
Facility is uncovered or revealed at or contiguous to the
site which was not shown or indicllted in the Contract
DOcuments and which CONTRACTOR could not reason-
ably have beencxpected to be aware of. CONTRACTOR
shall. promptly after becoming aware thereof undbefore
pertorming any Work affected thereby (except inan emer-
g:ncy as permitted by paragraph 6.22). identify the owner
ot SUch U ndc:rgrouml Facility and give written notice thereof
to [hat owner and to OWNER amI ENGINEER. ENGI-
NEER will promptly review the Underground Fucility to
determin,e the extent to which the Contract Documents
should be modified to reflect and document the Conse-
quences of the existence of the Underground Facility. and
the Contract Documents will be amended or supplemented
to the extent necessary, During such lime. CONTRAC..
TOR shall be responsible for rhe safety and protection of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR. shall be alfowedan increase in the Con.
tract Price or an extension of the COrltract Time. or both.
to the extent that they are attributable (0 the C''(istence of
any Underground Facility [hat was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasbnably have been e.,<pected to be aware of.
If the parties are unable to agree as [0 the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles II and 12,
Ref~rtncePoinls:
4.4. 0 WN ER shall provide engineering surveys to estab.
lish reference points forconstruccion which in ENGINEER's
judgment are necessary [0 enable CONTRACT~R to proceed
with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in [he General
Requirements). shall protect and preserve the established
reference points and shall make, no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall repQrt to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locntio ns. and shall be respon~
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE 5-BONDS AND fNSURANCE
Performance and O(h~r Bonds:
5.1. CONTRACTOR shall furnish performance and pay.
ment Bonds. each in an amount at least equal [0 the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under [he Contract Docu-
ments. These Bonds shall remain in effect at least uncil one
year after the date when final payment becomes due. except
as otherwise provided by Law or Regul!iiion or by the Con-
tract Documents. CONTRACTOR' shall also furnish ,such
other Bonds as are required by theSupplemencary Condi-
tions. All Bonds shaU be in the forms prescribed by Law or
Regulation or by [he 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- '
panics" as published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts. U.S. Tr.easury Department. AU
Bonds signed by an agent must be accompanied by a certified
copy of [he authority to act.
5.2. If rhe surety on any Bond furnished by CONTR.-\C-
TOR is declared a bankrupt or becomes insolvent or its right
to do business is terminated in any state where any part of
II
the Project is located or It ceases to meet the requirements
of paragraph 5.1, CONTRACTOR shall withiJ]. live days
,thereafter substitUte another Bond and Surety, both of which
must be acceptable to OWNER.
C OTf!1'lUUJ r s Li4h i!ity Ins UJ'ance:
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 protectiQn from claims set, forth below which
may arise out of or result from CONTRACTOR's perfor-
mance and furniShing of ' the Work and CONTRACTOR's
other obligations under the Contract Documents. whether it
is to be performed or furnished by CONTRACTOR. by any
Subcontractor. by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' 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 thaa
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 ofinjury to or destruction of tangible prop-
erty wherever located. including loss of use reSUlting
th'erefrom:
5.3;6. Claims arising oUt of operation of Lawsor,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 propei'ty 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. Al1 of the policies of insur.
ance so required to be purchased and maintained (or the
certificates or other evidence thereoO shall contain a provi-
sion' or endorsement that the coverage afforded will not be
canceUed. materially changed or renewal refused until at least
thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance shall
" remain in effect until tinal payment and at all times thereafter
when CONTRACTOR may be correcting. removing or
replacing defecrivt' Work in accordance with paragraph 13.12.
In addition. CONTRACfOR shail maintain such completed
operations insurance for at least two years after tinal payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
Contractual LitzJ1ili1y Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractl:la,! liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31. '
Owners l.Uzhiliry Insurance:
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's ownl.iability jnsuran~e and, at
OWNER's option. may purchaSe and maintain such'insur.
ance as will protect OWNER against c1a.i.nis 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 property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and RegUlations). This insurance shall include theimerests
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 tire and extended coverage and shall
include "aJl rislc" insurance for physical loss and damage
including theft. vandalism and malicious mischief. collapse
and water damage, and sucb 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 othelV(ise pro-
vided in the Supplementary Conditions. CONTRAcrOR shall
purchase ano maintain similar property insurance on portions
of the Work stored on and oITthe site or in transit when such
po'rtions of the Work are to be included in an Application for
Payment.
5.7. OWNERshalJ purchase and maincain 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, ENGIN EER AND
ENGINEER's consultnnts in the Work. all ofwho!1) 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 5.1 1.1.
5.9. OWNER shall not be responsible for purchilsing 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 ,loss 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
advise CONTR.'\CTOR whether or not such other insurance
has been procured by OWNE~.
Waiver of Rights:
5. I I.!. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in responset{) 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
contairi similar waiver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's co_nsultants and all other parties named as insureds.
'None of the above waivers shuli extend to the rights that
any of the insured parties may have to the proceeds of
insurrince held by OWNER as trustee or otherwise P!1Y-
able under any policy so issued.
5.11.2. OWNER and CONTRACTOR intend (hat any
policies provided in res'ponse to paragraphs 5.6 and 5.7
shall prOlec.:t ull of the parties insured and provide primar~;
coverage for all losses and d:1mages l:uused by the perils
CO\'ered th~reby. Accordingly. all such policies shall con-
tain provisions to the effect that in the event of payment
of nn y loss or damage the insurer will hove no rights ~lf
recovery ag.linst any of the parties numed Us insureds IJr
additionul insureds. and if the insurers require sepamte
wniver forms to be signeu by ENGINEER or ENGI-
NEER's Cllnsultunl OWNER will ubtain the same. anLl if
such waiver forms are required of any Subcontractor,
CONTRACTOR will obtain the same.
Rtceipt 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 0 separate account any money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other.
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
aCcount thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in Writing within fifteen aays after'the
Occurrence of loss to OWNER's exercise of This power. If
such objection be made. OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement '
as the parties in interest may reach. If required in writing by
any party in interest. OWNER as trustee shall. upon the
occurrence of an insured loss. give bond for the proper per-
formance of such duties. ,
Acctptance 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 theCOI'1tract Documents. OWNER shaH notify CON.
TRACTOR in writing thereof within ten days of the date of
delivery of such certificates to OWNER in accordance with
paragraph :'.7: If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance ,required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their no~ complying with the Contract Documents.. CON-
TRACTOR shaH notify OWNERin writing thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph :'.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as tDe 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 Utili::oaon-Proptrry Insurance:
5.15. If OWNER finds it necessary to occupy or use a
portion or portions orlhe Work prior co 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 insurel'3
providing lh'e property insurance have acknowledged notice
thereo(and in writing effected the changes in coverage neces.
sitated thereby. The insurel'3 providing the property insur-
ance shall consent by endol'3ement on the policy or policies,
but the property insurance shall not be cancelled or lapse on
account o( any such partial use or occupancy.
ARTICLE 6---=CONTRACTOR'S RESPONSIBILITIES
Suptrvision and SU~riIlUnJtnct:
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
top,erfonn the Work in accordance with the Contract Doc-
uments. CONTRACTOR shall be solely responsible for th~ .
means. methods. techniques. sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or sele,ction 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.:!. CONTRAgOR shall keep on the Work at a1l times
during its progress a 'competen t 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. MiUtriais and Equipmtrfl:
6.3. CONTRACTOR shall provide competent. suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times ma.intaln good discipline
and order at the site, Except in connection with the safety or
protection of persons or the Work or property at the site or
adjacent thereto, and except as otherwise indicated in the
, Contract Documents. all Work at the site shall be perfonned
durinS 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 wriuen notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume fuU 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 ma.terials and equipment.
Ail 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
othel'Vlise 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 orany duty or author-
ity to undertake responsibility contrary to the provisions of
paragraph Sl.15 or 9.16.
Adjusting Progress Scht:duu:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 1.9) adjust-
ments in the progress schedule to reliect the im~act 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.
, SubsdJutts or "Or.Equal" [ttrns:
6.7.!. Whenever materials or equipment arc 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 pennitted.
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient infonnation is submitted by
CONTRACTOR to allow ENGINEER to detennine that
the matcriat or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGiNEE~
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted b~ ENG I.
NEER from anyone other than ~ONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute ,item of
material or equipment. CONTRACTOR shall make writ.
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute will perform ade.
quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be 'suited to the same use as that spec-
ified. The application will state that the ,evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time, whether or not acceptance of the substitute
for use in the Work will require a change in any of the
Contract Documents (or in the provisions of any. 'other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitute and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment, of any license fee or
14
royalty. All variations of the proposed substitute from that
specified will be identifieLi in the application and available
maintenance. repuir and replacement serviCe will be indi. ,
coted. The application will also contain on itemized esti.'
male Ofllll costs that will result tlin:ccly or indirectly from
acceptance of such substitute. including costs of redesign
and claims of 0ther Contractors affected by the resulting
change. all of which shall be considered by ENGINEER
in evaluating the proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute.
6.7.2. If a specific means. method. technique. sequence
or procedure of construction is indicaced in or required by
rhe 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
equivalent to that indicated or required by the Contract
Documents. The procedure for review by E~GINEER
will be similar to that provided in poragrnph 6.7.1 as applied
by ENG INEER and a.s may be supplemented in the Gen.
eral Requirements.
6.7.3. E:-lGINEER \\iill be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability. and no
substitute will be ordered. installed or utilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish ae CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGfNEER accepts 0 proposed substitute. CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluat-
ing each proposedsubstieute.
COlicemirrg Subcontractors. Suppliers and Others:
6.8.1. CONTRACTOR shall not employ anr$ubcon-
tractor. Supplieror other person ororganizncion (including
those uccept'oble to OWNER and ENGINEER as indi-
cllted in paragraph 6.8.:!). whether initially or:ls a substi-
tUle. ogainse whom OWNER or ENGINEER may ha\"~
reasonable objection. CONTRACTOR shall not be required
to ~mploy any Subcontractor. Supplier or oth~r person llr
organizotion to furnish or perform any of the Wurk against
whom CONTRACTOR has reasonable objectk1n.
6.8.2, If the Supplementory Conditions require the
identity of certain Subcontractors. Suppliers llr other per-
sons ur organizations lincluuing those who are to fumbh
Ihe principnl items uf materials and equipment Itu be sub-
mitteLi (0 OWN ER in advance of the specifieLl L1ate prior
to the En'ective Dat~ uf the Agreement for acct:pwnce by
OWNER and ENGINEER ond jf CONTRACTOR has
submitted a list [hereof in accordance with the Supple-
mentary Conditions. OWNER '5 or ENGIN EER's accept-
ance (either in writing or by failing to make written objec-
rion the reto by the date indicated for acceptance or objec.,
rion in [he bidding documents or rhe Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on [he basis of
reasonable objection after due investigation. in which case
COl'{TRACTO R 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 Wntten Amendment signed.
, No acceptance by OWNER or ENG IN EER of a.ny such'
Subcontractor. Supplier or other person or organization
shall constitute a waiver of any right of OWNER or ENGI.
NEER to reject defe,.til'e Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers, and oth'er persons and org~nizations per-
forming or furnishing any of thi: 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 or ENGINEER to payor to see to rhe 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 ,'ontrol CON-
TRACTOR in dividing the Work among: Subcontractors or
Suppliers or delineating the Work [0 be performed by any
specific trade.
6. i i. 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 Subcontractor to [he applicable terms and
conditions uf the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.11. CONTRACTOR sholl pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol.
icies issueeJ pursuant to pnrJgraphs 5.6 and 5.7.
Patent Fees and Roya/ties:
6,12. CONTRACTOR shall pay all license fees and roy-
alties and assume nil costs incident to the use in the perfor.
mance of the Wurk or the incorporution in the Wurk of any
invention. design. process. product or device which is the
subject uf patent rights ur copyrights hdLi by 0(hers. [f a
purticular invention. design. process. product or device is
specified in the Contract Documencs for use in the perfor.
mance of the Work and iflO the actual knowledge orOWNER
[5
or ENGINEER its Use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to others.
the existence of such rights shall be disclosed by OWNER in
the Contnct Documents. CONTRAcrOR shall indemnify
and hold harmless OWNER and ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims, daJIlaies. 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 [he Work or resulting from the
incorporation in thc Worle of any invention. design. process,
product or device not specified in the Contract Documents,
and shall defend all such claims in connection with anY alleged
infringement of such rights.
PtnrUJs:
6.13. Unless otberwise provided in the Supplementary
Conditions. CONTRAcrOR shall obtain and pay for all con-
stnlction permits and licenses. OWNER sliall assist CON-
TRACTOR. when necessary, in obtaining such permits and
licenses. CONTRAcrOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
which are applicable at the time of opening of Bids. or if there
are no Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
ncctionsto the Work. and OWNER shall pay all charges of
.'Such utility owners for capital costs related thereto such ~
' plant investment fees.
lAwr and Rlgulations:
6.14.1. CONTRACTOR shall give aU notices and
comply with all Laws and Regulations applicable to fur-
nishing and perfonnance of the Work. Except where oth-
erwise expressly required by applicable uws 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 witll 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 rClUon to know that it is contrary to
such Laws or Regulations. and without such notice to
ENGINEER. CONTRACTOR shall. bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
' mary responsibility to make certain that the Specifications
and DraWings are in accordance with such' Laws and
Regulations.
Taxu:
6.15. CONTRACTOR shall pay all sales. consumer. use
and o~her similar taxes required to be paid by CONTRAC-
TOR 10 aCcordance with the Laws and Regulations of the
place of the Project which are applicable during the perfor-
mance of the Work.
Urt of Prlmi.rer:
6.16. CONTRACTOR shall contine construction equip-
ment. the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and pennitted by the Contract Documents and other
land and areas pennitted by Laws and Reguilitions. rights-
of-way. permits and easements. and shall not unreasonably
encumber the premises with constrUction equipment or other
materials or equipment. CONTRACTO R 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 ;lJ'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 occupan~ because of the perfonnance
of the Work. CONTRAcrOR shall promptly attempt to settle
with such other party by agreement or otberwisc= resolve the
claim by arbitration or at law. CONTRACTOR !hall. to the
fullest extent permitted by uws and Regulations, indemnify
and hold OWNER and ENGINEERh8rrn1ess from and against
all claims. damages. losses and expenses (inclUding. but not
limited to, fees of engineers. architects, attorneys aild othc;r
professionals and COUrt and arbitration costs) arising directly,
indirectly or consequentially out of any action. legal or equi.
table. brought by any such ochcr 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. CONTRAcrOR
shall keep the premises free from accumulations 'of waste
materials. rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remove
all waste materials. rubbish and debris from and about the '
premises lU well as all tools. appliances. construction equip-
ment and machinery, and surplus materials. and sha!1leave
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. CONTRAcrOR 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
tho Work or adjacent property to stresses or pressures that
will endanger it.
Rlcord Docum,n./s:
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 clarification~ (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 10 ENGINEER for reference. Upon com-
16
pletion of the Work. these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
Safery arrd Protection:
6.20. CONTRACTOR shall be responsible for initiating.
maintaining ond 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 to prevent damage. injury
or loss to:
6.20.1. all employees on the Work and other persons
and organizations who may be affected thereby:
. 6.20.2. all the Work and materials and equipment to
be incorporated therein. whether in storage on or off the
site: and
6.20,3. other property at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pavements. road-
ways. structu,res. Utflities and Underground Fticilieies 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 nOlify owners of adjacent property and of Underground
Facilities and utility owners when prosecution of the Work
may affece them. and shall cooperate with them in the pro-
tection. removal. relocation and replacement of their prop-
erty. AI! damage. injury or loss to any property referred to
in parqgraph 6.20.2 or 6.20.3 caused. directly or indirectly.
in whole o'r in part. by CONTRACTOR. any Subcontractor.
Supplier or any other person or organization directly or indi-
rectly employed by any of them [0 perform or furnish any of
the Work oranyone for whose acts any of them maybe liable.
shaJl be remedied by CONTRACTOR (except damage or loss
attribulable to the fault of Drawings or Specific:llions or to
the OCts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose :Jcts 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-
,TR.-\CTORl. CONTRACTOR 'sduties and responsibilities
for the safet}" and protection of the Work shall continue until
such time as all the Work is completed and ENGI:--lEER has
, issued a notice to OWNER and CONTRACTOR in accord~
ance Withpurugraph 14.13 that the Work is acceptable (except
as otherwise expressly provided in connection I\'ith Substan-
tial Completion l.
6.21. CONTRACTOR shull designute 0. respI,.lOsible rep-
resentative at [he site whose Jutv shall be the prel'ention llf
acciJc::nts. This persun shall be CONTRACTOR's superin-
tendent unless otherwise uesiunuted in writing by CO~-
TRA.CTORco OWNER. -
Emtrgrncies:
"
6.22. In emergencies affecting the safety or protection of
persons or [he Work or property at the site or adjacent thereto.
CONTRACTOR. without special instruction or authorizalion
from ENGINEER or OWNER. is obligated [0 act to prevent
threatened damage. injury or loss. CO NTRACTO R shaH give
ENGINEER prompt written notice ifCONTRAClOR believes
that any significant changes in the Work or variations from
the Contract Documents have been caused thereby. If ENGI-
NEER determines that a change in the Contract Documents
is required because of the action laken in response [0 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 aU field measurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit [0
ENGINEER for review and approval in accQrdance with lhe
accepted schedule of Shop Drawing submissions (see para-'
graph ::.9). or for other appropriate action if so indicated in
the Supplementary Conditions. five copies {unless otherwise
specified in the General Requirements J of all Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilitil:s under the Contract Documents with respect to [he
review of the submission. All submissions 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 [0 enable ENGINEER to review the infor-
mation as required.
6.24. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause'
no delay in Work. all samples required by the Contract Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indic:uion lhat CONTRACTOR
has satisfied CONTRACTOR's responsibilieies under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. S4pplier.
pertinent data such as catalog numbers and the llse for Which
intended.
6.:!5. I. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri- ,
tied 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 sumple with other
Shop Drawings and samples and Ivith the requirements of
the Work and [he Contract Documents.
6.25.2. At [he time of each submission. CONTR..A.C-
TOR shull give ENG IN EER specific written notice of each
variation that [he Shop Drawings or ~amples may have
from [he requirements lIt' the Cllntrnct Ducuments. and.
in additiun. shill! cause a specific notatiun 10 be made un
17
each Shop Drawing submitted [0 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 con~truction (except w here 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 assenibly in whicb the item functions. CON-
TRACTOR shall make corrections required by ENGINEER,
and shallretum 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 subalittals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall. not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of SUbmission as required by paragraph 6.15.2 and
ENGINEER has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; lior
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility (or having complied with the pro-
visions of paragraph 6.25.1.
6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work performed prior to ENGI-
NEER.s review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
ContinUing tilt Work:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
~ith OWNER. No Work shall be delayed or postponed pend-
Ing resolUtion of any disputes or disagreements. except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise agree in writing.
lrui4mnification:
6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and, hold harmless
OWNER and ENGIN~ER and their consultants. agents and
employees from and against all claims, dam'ages, losses and
~x~enses. direct. indirect or consequential (inCluding but not
iJmlted to fees and charges of engineers, architects. attorneys
and other professionals and court and arbitration costs) aris-
ing out of or resulting from the performance of the Work,
..:......
provided that any such claim. damage. loss or expense (a) is
attributable to bodily injury. sickness. disease or death. or to
injury to or destruction of tangible property (other than the
Work itself) including the Joss of use resulting therefrom and
(b) is caused in whole or in part by any negligent act or
omission of CONTRACT OR. 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 par1 by a party indemnined hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such party.
6.3 L In any and all claims against OWNER or ENGI.
NEER or any of their consultants. agents or ~mployees, by
any employee of CONTRACTOR. any Subcontractor. any
person or organization directlyor indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable. the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any Iiirutation 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
oCthe preparation or approval of maps, drawings. opinions,
reportS. surveys, Change Orders, designs or specifications.
ARTICLE 7-OTIIER WORK
Rt/mtd Work at Sit,:
7.1. OWNER may perform Qtherworkrelated to the Proj-'
eet at the site by OWNER's own forces, have other work
performed by utility owners or let other direct contracts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be perfonned was not noted
in the Contract Documents, written notice .thereQf will be
given to CONTRACTOR prior to starting any such ,Qther
work: and. if CONTRACTOR believes that such perfor-
mance wilIinvolve additional expense to CONTRA,crOR or
requires additional time and the parties are unable to agree
as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles II and 12.
7.:'. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER; if OWNER is perfonning the additional work with
,OWNER's employees) proper and safe acCess to the site and
a reasonable opportunity, for the introduction and storage of
materials and equipment and the execution of such work. and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fining and patching of
the Work that may be required to make its several pans come
together properly and integrate with such other work. CON-
18
TRACTOR shall not endanger any work of others by cutting.
excavadng or otherwise altering [heir work and will only CUt
or alter their work with [he written consent o(ENGlNEER,
and [he others whose work will be uffected. The duties and
responsibilities of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWN ER and such utility owners and other contractors.
7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contrllctor or utility oWner (or. OWNERi. COt'lTRACTOR
shaH inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it una vailllble or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance o( the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deticienciesin tl)e other work.
CoordinaJion:
7.4. If OWNER contracts with others for [he perfor-
mance of other work on the Project at the site, the person or
organization who will have authority and responsibility for
coordinationof 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 nor ENGINEER shall have any
authority or responsibility in respect of such coordination.
ARTICLE ~OWNER.S RESPONSIBILITIES
8.1. OWN ER shall issue all communications [0 CON-
TRACTOR through ENGINEER.
8.1. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of the former
ENGINEER. Any dispute in connection with such appoint-
'ment shall be subject to arbitration.
8.3, OWNER shall furnish [he data required of OWNER
, under the Contract Documents promptly and shall make pay-
ment,s 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 ~stablish
reference points are set forth in paragraphs 4.land 4.4. Pura-
graph ..L2 refers [0 OWNER's identifying and making avail-
able toCO NTRACTOR copies of reports of explorations and
tests of subsurface conditions at the site and in ~xisting strue-
,.......A,._.
tures which have been utilized by ENG!NEER in preparing
the Drawings and Specifications, '
8.5, OWNER's responsibilities in respect of purchasing
and maintaining liability and propeny insurance are set forch
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 fonh in paragr.aph IJA.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.10 and I'; .1. Paragraph 15.2
deals with OWNER.s right [0 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 represemativedur-
ing the construction period, The duties and responsibilities
and the limitations of authority of ENGINEER as OWN,ER's
representative during construction are set forth in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
Visits 10 Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of constnlction to observe
the progress and quality of the execu'ted Work and to deter.
mine. in general. if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not berequired
to make exhaustive or continuous on-site inspections [0 check
the quality or quantity of the Work. ENGINEER.s efforts
will be dire.cted toward providing for OWNER a greater degree
of confidence that the completed Work wiII conform to the
Contract Documents. On the basis ~ stich visits and em-site
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed ofth~ prog.
ress of the Work and will endeavor to guard OWNERagainst
defects and deficiencies in the Work.
Project Representation:
9.3. If OWNER and ENGINEER agree. ENGL~'IEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties. responsibilities and limitations of authority of any,
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWN ER at' the site
who is not ENGINEER.s agent or employee. the dudes.
responsibilities and limitl\tions of authority of such other
person will be as provided in the Supplementary Conditiuns.
19
CltJrijicalW1%S and InurprttaJUJru:
9.4. EN GINEER will issue with reasonable p'romptness
such written clariJications or interpretations of the require,-
ments of the Contract Documents (in the form of Drawings
or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or reasonably inferable from the
overall intent of [he Contract Documents. If CONTRACTOR
,believes that a written clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree to the
amount or extent thereof. CONTRACTOR may make a claim
therefor as provided in Article 11 or Article 12.
Aullroriud Var.4Ji.ons in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements oftheConcract DocumentS which
do not involve an adjustment in the Contract. Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be aCcomplished by a
Field Order and will be binding on OWNER. and also' on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the 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 Defectivt! Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be df!fecrive. 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, Change Orun and Paymenls:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples. see paragraphs 6.23 through
6.29 inclusive.
9.8. In connection with ENGINEER's responsibilities as
to Change Orders. see Articles 10. 1 I and 12.
9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment. etc., see Article 14.
Dt!rtrmiruuions for Unit Prices:
, 9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER.s preliminary determinations on such matters,
bef~re rendering a written decision thereon (by recommen-
~auon .of an. Application for Payment or otherwise), ENGI-
EER s wt1tten decisions thereon will be tinal 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 ENGIN~ER written notice of intention to appeal from
such a decision.
Dtcirioru on Dispute!:
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
pertaining to the performance and furnishing of the Work and
claims under Articles 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 de.cision
in accordance with this paragraph, which ENGINEER will
render in writing within a reasonable time. Written no lice of
each such claim, dispute and other matter will be delivered
by the claimant to ENGINEER and the other party t,o the
Agreement promptly (but in no event later than thirty days)
after the occurrence of the event giving rise thereto. and
written supporting data will be submitted to ENG~EER an'd
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of.time to ascertain
more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will not show par-
tiality to OWNER or CONTRACTOR 'and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect
to any such claim. dispute orother 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. '
Liml.uzti.oru on ENGINEER'r ResponsibiIiJies:
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 terms "as
ordered'., "as directed", "as required'., .'as allowed'" "as
approved" or terms of like effect or import are used. or the
adjectives "reasonable 0., .. suitable". ,. acceptable"... proper"
or "satisfactory" or adjectives of like effect or impon arc
used to describe a reql,lirement, direction. review or judgment
'of .ENGINEER as to the Work, it is intended that such
requirement. direction. review or judgment will be solely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wise). The use of any such term or adjective shall not be
20
effective [0 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 th~ 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 lO-CHANGES IN THE WORK
10.1. Without inValidating t~e Agreement and without notice
to any surety. OWNER may, at any time or from time to
time. order additions. deletions or revisions in the Work:
these will be authorized by a Written Amendment: a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall prompdyproceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
10..'1. 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 Contmct
Time that should be allowed as a,resujt of n Work Directive
Change, a claim may be made therefor as provided in Article
1I or ArtiCle I:!. '
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contmct Time
with r'espect to any Work performed that is not required by
the Contract Documents as amended. modified and supple-
mented as provided in parngraphs 304 nnd 3.5. except in the
case of an emergency as prov,ided in paragraph 6.:!2 and'
except in the case of uncovering Work as provide:u in para-
graph 13.9. '
IO.~. OWNER and CONTR.ACTOR shall ~xecute appro-
priate Change Orders (or Written Amendments) covering:
lOA. I. I:hang~s in the Work which are ordered by
OWN ER pursuant to paragraph 10. [. are requin:d because
of acceptan~e of uejitC'ril'e Work under paragraph 13. D or
correcting ,h~rf!cri\'1! Work under paragraph D. [~. or :lr~
agreed to by [he parties:
IO.~.1. I:hnnges in the Contract Price or Contract Time:
which are ugreed to by the purties: anu
....4.:
1004.3. changes in the Contract Pnce or Contract Time
which embody the substance of any written decision ren.
dered by ENGINEER pursuant [0 paragraph 9.11:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations. but during any such appeal. CON-
TRACTOR shall carryon the Work and adhere to the prog-
ress schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including. but not limited to. Contract Price or Contract.
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notice will be CONTRAC-
TOR's responsibility. and the amount of each applica~le Bond
will be adjusted accordingly.
ARTICLE II-CHANGE OF CONTRACT BRICE
I 1.1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable [0 CON-
TRACTOR for performing the Work. All duties. responsibil-
ities and obligations assigned to or undertaken by CON-
TR.'\CTOR shall be at his expense without change in the
Contract Price.
I 1.2. 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 shaUbe based on written
notice delivered by the 'party making the claim to the other
party and to ENGINEER promptly fbut,in no eve,n~ late: than
thirty days) after the occurrence of the event gIVing me to
the claim and stating the general nature of the claim. NOtice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data ,in support of [he claim) and shall be '
accompanied by claimant's written statement that the amount
claimed coyers all known nmounis (direct. indirect and con-
sequential) to which the claimant is entitled as a result .cf 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 paragmph 11.2.
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Contract
Price shall be determined in one of the following ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents. by,applica-
tion of unit priCl:S to the quantities of the items involved
{subject to the provisions of paragraphs 11.9.1. through
11.9.3. inclusiv~l.
11
11..3.1, By mUlUal 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 paragrnphs J 1.4 and 11..5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragrnphs 11.6 and 11.7),
Cost of till Work:
II. 4. The tenn Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper perfonnance 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 local icy of
the Project. shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the perfonnance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR, Payroll costs for employees not
employed full time on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll costs
shall inclUde. but not be limited to, salaries and wages
plus the 'cost of fringe benefits which shall include social
security contributions. unemployment. excise and payroll
taxes. workers' or workmen's compensation. health and
retirement benefits, bonuses. sick leave, vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
perfonning Work after regular working hours. on Satur-
day, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
11..4.2. Cost of aU materials and equipment furnished
and incorporated, in the Work:. including costs of trans-
portation and storage thereof. and Suppliers'field services
required in connection therewith. AI! cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to mak'e 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 maybe obtained.
I J .4.3, Payments made by CONTRACTOR to the
Subcontractors for Work perfonned by, Subcontractors.
If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontrnctors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
willtnen dClennine, with the advice of ENGINEER. which
bids will be accepted. If a subcontract provides that the
Subcontraclor is to be paid on the basis of Cost of the
Work Plus a. Fee, the Subcontractor's Cost of the Work
shall be detennined j,n the same manner as CONTRAC.
TOR's Cost of the Work. All subcontracts shall be subject
22
to the other provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
limited 10 engineers. architects. testing laboratories.sur-
veyors. attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental COsts including the following:
11.4.5.1. The proportion of necessary transporta-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with Ihe Work.
11.4.5.1. Cost. inclUding transportation and main-
tenance. of all materials. supplies. equipment. machin-
ery,appliances. office and temporary nicilities at the
site and hand tools not owned by the workers. which
are consumed in the perfonnance ofthe Work. and cost
less market value of sucl1 items used but n~ consumed
which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether remed 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
thereof-all in accordance with tennsof said rental
agreements. The rental of any such equipment. machin-'
ery or parts shall cease when the use thereof is no longer
necessary for the Work.
11.4.5,4. Sales; consumer. use or similar taxes,
related to the Work. and for which CONTRACfOR is
liable. imposed by Laws and Regulalions.
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 pennits and licenses.
11.4.5.6. Losses and damages (and related
expenses). not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the
deductible amounts of property insurance established'
by OWNER in accordance with paragraph 5.9), pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR. any Subcontractor, or
anyone directly or indirectly employed by any of them
or' for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses,
damages and expenses 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
requires reconstruceion and CONTRACTOR is placed
in charge thereof. CONTRACTOR ~hall be paid for
services a fee proportionate co [hat stated in paragraph
11.6.2.
1/'-+.5.7. The co~t of utilities. fuel and sanitary
facilities at the ~iee.
II A.5.8, Minor expenses such as telegrams. long
distaflce eelephone calls. telephone service ut the site.
expressage and similar peccy cash items in connection
with ehe Work. '
II A.5.9. Cose of premiums for adllieional Bonds
anll insurance required because of changes in ehe Work
and premiums for properey insurance coverage within
the limits or the deductible amounts established by
OWN ER in accordance with paragraph 5.9.
11.5. The term Cost of ehe Work shaH not include any of
the following:
11.5.1. Payroll COSts and other compensation MCON-
TRACTOR's officers. executives. principals 101' partner-
ship and sole proprietorships). general managers. engi-
neers.architects. estimators. attorneys, audi[Qrs. accoun-
,tants. purchasing and coneracting 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 generaladministra-
tion ofehe Work and not specifically included in eheagreed
upon schedule of job Classifications referred to in para-
graph 11.4.1 or specifically covered by paragraph 11.4.4-
all of which are to be considered administrative costs
covered by ehe CONTRACTOR's Fee.
11.5.2. Expenses (If CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site.
11.5.3. ...1.ny pun ofCONTRACTOR's capital expenses.
inclUding interest on CONTRACTOR'S capital employed
for the Work and charges againse CONTRACTOR for
delinquent payments.
11.5.4. Cost of premiums for till Bonds and for all
insurance whether or not CONTRACTOR is required by
ehe Contract Documents to purchase and maintain [he
same (excepe for the aost of premiums covered by sub.
paragraph 11.-U.9 above).
11.5.5. Costs due to the negligence of CONTRAC. ,
TOR, any Subcontrnc.:eor. or anyone uirectly or indirectl~'
employed b~' any of l~~m ur for whO~e acts llnv of them
mny' be lil\hl~. ind',IUin!; but not limiteu co. the ~orrection
of dttJt-[ ;iI, \!.'urk. Jispos'al Llf ma[erial.~ or, ~quipmen[
wrongly su , ~"i~.. ~ "1aking good any damage'to prop-
erty.
11.5.6. Other overhead or general expense ,costs uf
any kiml and [he coses of any item not ~pecitically lInll
expressly induder.1 in purugraph IIA.
'.'....'..
CONTRACTOR's Fee:
11.6. The CONTRACTOR's Fee allowed to CONTRAC.
TOR for overhead and profie shall be detennined as follows:
11.6.1. a mutually acceptable fixed fee: or if none can
be agreed upon.
11.6.2. a fee bused on the following percentages of the
various portions of the Cost of ehe Work:
11.6.2: I. for coses incurred und'er paragraphs 11.4.1
and 11.-1.2. [he CONTRACTOR.s Fee shall be fifteen
percene:
11.6.2.2. for costs incurred under paragraph 11.4.3.
the CONTRACTOR's Fee shall be nve'perceill: and if
a subconeract is on the basis orCose oCthe Work Plus
a Fee, the maximum allowable to CONTRACTOR on
accoune of overhead and profi t of all Subcontraceors
shall be fifteen percene:
,
11.6.2.3. no fee shall be payable o;'the basis of
costs it~mized under paragraphs 11.-1.-1. 11 A.5 and 1{.5:
11.6.2.4. [he, amount of credit to be allowed by
CONTRACTOR co OWNER for any such change which
results in a necdecrense in cost will be the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by an amoune equal [0 ten percent of the
net decrease: and.
I 1.6.2.5. when both additions and credits are
involved in anyone change. the adjustmene in CON-
TRACTOR's Fee shall be c'omputedon the basis of the
net change in accordance with paragraphs 11.6.:!.1
through I I.6.::l..-l. inclusive. '
11.7. Whenever ehe cose of any Work is to be determined'
pursuant to paragraph 11 A or 11.5. CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
br(:akdown togeeher with supporcing,daea.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in ehe Contract Price ull allowances so named in ehe Contract
Documents and shull cause ehe Work so covered co be done
by such Subconeraceors or Suppliers and for such sums Ivithin
the limit of the allowances as may be accepeable co ENOl-
NEER. CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CON-
TRACTOR lIess any applicable trade discounts! of mate-
rials and equipment required by ehe allowances to be deliv-
ered at the siee. and all applicable taxes: and
1l.8.2. CONTRACTOR's costs fur unloading and
handling on thl;: siee. laoor. installation costs. overhead.
profit and other e:1:penscs contemplaeed ror the allowances
have been inclulletl 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 final payment, an appropriate Change Order wiU 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.
Vnu Price Work:
11.9.1. Where the Contract Documents provide that
all or pan of the Work is to be Unit Price Work. initially
the Contract .Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for,each separately identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated qiIaniiticsof items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining 1UI
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRAcrOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
1 L9.2. 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 signiiicancJy 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 Anicle I I if the oarties are
una.ble to agree as to the amount of any such in'crease.
ARTICLE l2~HANGE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shortening pfthe 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
tl1irty days) after the occurrence of the event Siving 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 Co~tract Time
shall be detennined by ENGINEER in accordance with para.
graph 9.11 if OWNER and CONTRAcrOR cannotot.berwise
" agree. No claim for an adjustmcnt in the Contract Time will
be valid if not submitted in accordance with the requirements
of this paragraph 12.1.
12.2. The Contract Time will be extended in an' amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall includc. but not be limit ed to,
acts or neglect by OWNER or others performing additional
work as contemplated, by Article 7. or to tires. floods, labor
disputes, epidemics, abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
arc of the esscnce of the Agreement. The provisions of this
Article- 12 shall not exclude recovery for damages (inclUding
but not limited to fees and charges of engineers, architects,
attorneys and other professionals and court and 'arbitration
cOsts) for delay by either pany. ;.
ARTICLE 13-W ARRANTY AND GUARANTEE;'
TESTS AL'lD INSPECTIONS:
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
WIUT'l%1U}' and Guo.ranu,:
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 defectiv,.
Prompt notice of all dcifects shall be given to CONTRAC.
TOR. All defective Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Anicle 13.
ACt:e1J to Work:
13.1. ENGINEER and EN,GINEER's representatives.
other representatives of OWNER. testing agencies and gov-
ernmental agencies with jurisdictional interests wili have access
to the Work at reasonable times for their observation. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
Tests and Insp,ctions:
13.3. CONTRACTOR shall give ENGlNEER timely notice
of readiness of the Work for all required inspections. tests or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work {or part thereoO to specifically
be inspected. tested or approved. CONTRACTOR shall
assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required certificates
of inspection. testing or approval. CONTRACTOR shall also
24
be responsible for and shall pay nIl 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 thereofforincorporation in the Work.
The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specified}.
13.5. All inspections. tests'orapprovals 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
specined).
13.6. [f any Work (including the work of others) that is
to be in,spected. tested or approved is covered without written
concurrence of ENGINEER. it must. if requested by ENGI-
NEER. be uncovered for observation. Such uncovering shall
be at CONTRACTOR's e.,,<:pense unless CONTRACTOR has
given ENGINEER timely notice ofCONTR.ACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
13.7. Neither observations by ENGINEER nor inspec-
tions. tests or appro'vals bv others shall relieve CONTRAC.
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
Uncovering Work:
13.8. Ifany Work is covered contrnry to the written request
of ENGINEER. it must. if requested by ENGI)iEER. be
unco\'ered for ENGINEER'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 ~bserYation. inspection ~r testing as ENGI>1EER may
reqUire. that portion of the Work in question. furnishing all
necessary labor. 'material and equipment. If it is found that
such Work is dt!fifctil'(', CONTRACTOR shallbe:1r all direct
, indirect nnd co~sequential costs of such unc~vering. expo~
sure. observation, insp~ction and testing and of satisfactory
reconstruction. lincJudinsz but not limited to fees nnd chanes
of engineers.' architects. ~trorne ys and other profdsionais I.
and OWN ER shall be entitled to an appropriuce Jecreas~ in
the Contract Price. anu. if the purties ure unuble to agree us
~o the amuun t thereof. nla~' make a claim th~refor:.\:, provided
10 Article II. If. hUll ever. such Wurk is not' t"l1und to tle
c/f.f(1(.til'I!, CO~TRAlT()R ,hall be alloweu an increase in
the Cllntfal:l Pri~l. :r ..it ~:\t~nsion of th~ Contra.:t Time. llr
both. Jircc(I~' l1UrillUlablc lv such uncuvering. exposure.
obs~rvuti(}n. inspection. testing nnd recunstruclil1n: and. if
the: parries are unable [0 uyre; as [0 the umount ur e,'([enl
':01""
thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles II and 12.
Owner May Slop tht Work:
13.10, If the Work is defmil'e, or CONTRACTOR fails
to supply sufftcient skilled workers or suitable materials or
equipment. or fails to furnish or perform the Work in such a
way that the completed Work will confonnto the Contract
Documents. OWNER may order CONTRACTOR to stop 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. Ifrequired by ENGINEER. CONTRACTOR shall
promptly. as directed. either c~rrect all defecth'e Work.
whether or not fabricated. installed or completed. or. if ihe
Work has been rejected by ENGINEER. rem~ve it from the
sitc,and replace it with nOlTdefecril'e Work. CONTRACTOR
shall bear all direct. indirect and consequential coses of such
correction orremoval (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 defectire, CONl'R.-\CTOR shall promptly.
, without cost to OWNER and in accordance with OWN'ER's
written instructions. either correct such defectil'e Work. or.
i! ir has been rejected by OWNER. remove it ftom the site
and replace it with Ilondefecril'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. OWN ER may have the dej'ec'tire Work cor~
reeted or the rejecred Work removed and replaced. and all
direct. indirect and consequential costs of such removal and
replacement lincluding but not limited to fees and charges of
engineers, architects. attornqs and other professionals) will
be paid by CONTRACTOR. In special circumstances where
a particular item of equipment is placed in continuous service
before Substantial Cumpletion of all the Work. the correction
period for that item may start to run from an earlier d~te if
so provided in the Sp~citications ur by Written Amendment.
Acceptance of Deftctive Work:
13.13. If. instead of requiring correction ur removal and
replacement of dl!,fi!('til'~ Work. OWNER (and. prior ,tu
ENGlNEER's recommendation of final payment. also
ENGINEER) prefers [0 acc.:ept it. OWNERmay doso. CON.
TRACTO R shull bear all Jirect. indirect and consequential
'25
COStS attributable to OWNER's evaluation of and determi-
nation to accept such defeclive 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 appropnate decrease in
the Contract Price, and, if the parties are unable to agree as
to the amount thereof, OWNER may make a claim therefor
as provided in Anicle 11. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
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 defeclive Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11, or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents. or if CON.
TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may, after seven days' writ-
ten notice to CONTRACTOR. correct and remedy any such
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action. OWNER
may exclude CONTRACTOR from all or part of the site, take.
possession of ail or part of the Work, and suspend CON.
TRACTOR's 'services related thereto, take possession of
CONTRACTOR's tools. appliances, 'construction equipment
and machinery at the site and incorporate in the 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 arid con-
sequential costs of OWNER in exercising such rights and
remedies will be charged apinst CONTRAqORin 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 entitled to an appropriate decrease in the
Contract Price. and, if the parties are unable to agree as to
the amount thereof. OWNER may make a claim therefor as
provided in Anicle II. Such direct, indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers, architects. attorneys and other professionals,
all COUrt and arbitration costs and all costs of repair and
replacement of work of others destroyed or damaged by
correction, removal or replacement of CONTRACTOR's
defective Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in per-
formance of the Work attributabl e to the exercise by OWNER
of OWNER's rights and remedies hereunder.
ARTICLE 14-PA YMENTS TO CONTRACTOR AND
COMPLETION
Schedu.leof Valu.es:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a fonn 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~aiionfor Progress Payment:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON.
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment tilled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. Ifpayment is requested
on the basis of materials and equipment notinc~rporated in
rhe Work but delivered and suitably stored at the site or at
another location agreed to in writing, the Application for
Payment shan also be accompanied by a bill of sale. invoice
or other documentation warranting that OWl':lER has received'
the materials and equipment free and clear of all liens, charges,
security interests and encumbrances (which. are hereinafter
in these General Conditio'ns 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. an of which will be sat-
isfactory'to OWNER. The amount of.retainage with respect
to progress payments will be, as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
'14.3. CONTRACTOR warrants and guarantees that title
to all Work. materials and equipment covered by any Appli-
cation for Payment. whether incorporated in the Project or
not, will pass to OWNER no later than the time of payment
free and clear of all Liens.
Revuw of Applications for Progre~s Payment:
14.4. ENGINEER will, within ten d.ays 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 p~ph 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-
N EER's on-site observations of th~ Work in progress as an
experienced and qualified design professional ,and on ENG 1-
NEER's review of the Application for Payment and the P
accompanying data and schedules that the Work has pro-
gressed to the point indicnted: that. to the best of ENGI.
NEER's knowledge. infor~ntion and belief. the quality of
the Work is in accordance with ehe Contract Documents
(subject to an evaluntion of ehe Work as a functioning whole
prior to 0: Upon Substantial Completion. co the resules of any
,subsequent tests called for in the Contract Documents. to a
final determination of quaneities and classifications for Unit
Price Work under paragraph 9.10. and to any other qualifi-
cations seated in the recommendaeionl: and that CONTRAC-
TOR is en tided to payment of [he amount recommended.
However. by recommending any such payment ENGINEER'
will noe thereby be deemed La have represented that exhaus-
tive or continuous on.siee inspections have been made to
check [he quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGlNEER in [he
Contract Documents or chat there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER co
withhold payment to CONTRACTOR.
14.6. ENGINEER's recommendation of final payment
will constitute an additional representaeion by ENGINEER
to OWNER that the conditions precedent to ~ONTRAC-
TOR's being entitled to final payment as set forth in paragraph
14. IJ have been fulfilled. '
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGlNEER'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 subsequentjy discovered evidence or
the results of subsequent inspections or tests. nullify any such
payment previously recommended. to such extent as mav be
necessary in ENGrNEER's opinion t~ protect OWNER iro~
loss b~cause::
14.7.1. the Work is defecrive. or completed Work has
been damage? requiring correction or replacement.
I-I. 7.:2.' the Contract Price has been reduced by Writ-
ten Amendment or Change Order. .
14.7.3. OWNER has been required to correct d/!fl!C"-
ril'/! Work or complete Work in accordance with parngrnph
13.14. 'or
14.7.4. of ENGlNEER's actual knowledge of the
occurrence of any of the events enumerated in paragraphs
15.:~.1 through 15.2.9 inclusive.
OWNER may refuse to mnke payment of the full amount
recommended bv ENGINEER because claims have been
made against OWNER on accountufCONTRACTOR's per-
~ormnnce or furnishing of the Work or Liens have been filed
In connection wieh the Work or [here are other items entitling
OWNER to a set-off against the amount recommended. but
OWNER must give CONTRACTOR immediate wriuen notice
(with a copy to ENGINEER) stnting the rensons 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
substantialIy complete (except for items specifically listed by
CONTRACTOR as incomplete) and request [hat ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. qWNER. CONTRACTOR and"
ENGIN EER shall make an inspection of [he Work to deter-
mine the status of completion. If EN GIN EER does not con-
sider theWork substantially complete. ENGINEER will noeify
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 shall fi.'( the date
of Substantial Completion. There shall be ~tached to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINE ER 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, star'ing the reasons therefor. [f.
after consideration of OWNER's objections. ENGINEER
considers the Work substantially complete. ENG INEER 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'lo be com-
pleted or corrected) reflecting such changes from the [eniative
certificate as ENGINEER believes justilied after consider-
ation of any objections from OWN ER.-At the time ofdeIiyery
of the tentative certificate of Substantial Completion ENGI-
N EER will deliver to OWNER and CONTRACTOR a written
recommendation as to diYisio{l of responsibilities pending
final payment betwe~n OWNER and CONTRACTOR with
respect to security. operation. safety, maint,ennnce. heat.
utilities. insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior co ENGINEER's issuing the definitive
certificate of SubsliJ.ntial Completion. ENGINEER's afore-
said recommendation will be binding on OWNER and CON-
TRACTOR until nnal payment.
14.9. OWNER shall have the right to exclude CON-
TRACTOR from [he 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 OWN ER of any finished part of the Work.
which has speciticully b~t:n identified in the Commcl Do!:u-
27
ments, or which OWNER, ENGINEER and CONTRAC-
TOR agrec constitutes a separately functioning and useable
part of the Work that can be usea 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 pemlit 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
pan of the Worle ready, for its intended use and substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable time after either such request. OWNER,
CONTRACTOR and ENGINEER shall makc an inspec-
tion of that part of the Work to detcrmine its Status of
completion. If ENGINEER does not consider that part of
the Work to be substantially complete. ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part ofthe
Work to be substantially complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certitication
of Substantial Completion of that part of the Work and the
div;sion 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 wirhin 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 wiIl prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR docs not object in writ-
ing to OWNER arid 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. warran tics and guarantees for that part of the Work
which will become binding upon OWNER and CON-
. TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so infonned ENGINEERl. During such operation
and prior to Substantial Completion of such part ' of the
Work, OWNER shall allow CONTRACTOR reasonable
access Lo complete or correct items on said list and to
complete othcr related Work.
14.10.3. No occupancy or separate operation of pan
of the Work will be accomplished priorto compUance with
the requirements of paragraph 5,15 in respect of property
insurance.
Final Inspecaon:
14.1 I. 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.
Firuzl Application 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\,1Jes. guaran-
tees. Bonds" certiticates of inspection. marktd-up recor~
documents (as provided in paragraph 6.19) and other docu-
ments-all as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub-
jectto the provisions of paragraph 14.16). CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay~
ment shall be accompanied by all documentation called Cor
in the ConcractDoc'uments. togcther with complete and legally
effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Work. In
lieu thereof and as approved by OWNER. CONTRACTOR
may furnish receipts or releases in ful1: an aftida vi t of CON.
TRACTOR that the releases and receipts include all labor.
services, material-and equipment for which a Lien could be
tiled. and that all payrolls. material and equipment bU1s, and'
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be respon-
sible, have been paid or otherwise satisiied: and consent of
the surety, if any, to final payment. If any Subcontractor.or
Supplier fails to furnish a release or receipt in full, CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
Final Payment and ACc8ptance:
14.13. If. on the basis of ENGINEER's observation of
the Work during construction and .linal inspection. and
ENGINEER.s review of the final Application for Payment
and accompanying documentation-aJI as required by the
Contract pocuments, ENGINEER is satistied 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 prescnt 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. J 6.
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 J)resentation 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. ]4. If, through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms, OWNER shall. upon receipt of CON-
TRACTOR's final Application for Payment and recommen-
dation of ENGINEER. and without terminating the Agree-
ment. make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the re tainage 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 or'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 perrormand 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 ofa cer-
tificate of Substantial Completion. nor any payment by
OWNER to CONTRACTOR under the Contract Documents.
nor any use or occupancy of the Work or any part thereof by
OWNER. nor any act of acceptance by OWNER nor any
failure to do so. nor any review and approval of a Shop
Drawing or sample submission. nor the issuance of a notice
of acceptability by ENGINEER pursuant to paragraph [4.13.
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 14.161.
, Wai~'er of Claims:
1-1.16. The making and acceptance of final payment will
const itute:
I-U6.1. a waiver of all claims by OWNE~ against
CO~TR.-\CTOR. except claims arisi~g from unseElled
Liens. from de/l!('rj,'C' Work uppearing after tinal inspec-
tion pursuant to pa~agruph 14.11 or from failure EL1 comply
\\'ith,lhe Contract Dm:umenrs or the terms of al1~' special
guaran t~es specified therein: however. it will nL1( consti-
ttHe a waiver hy OWNER of ,ln~' rights in r<:sp<.:ct of
,;-..",.'
CONTRACTOR's continuing obligarions 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 shallresume the Work on the date
so fixed. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time. or both.
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provide~in Articles 11
and 12.
Owner May Terminate:
15.2. Upon the occurrence of anyone or more of the
foUowin'g events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title 11. United
Stares 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. 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 l.awin
effect at the time relating to bankruptcy or insolvency,:
15.2.3. if CONTRACTOR makes a general assignment
for the benefit of creditors:
15.1.4. if a trustee. re'ceiver. cusrodian or agent of
CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authoriry 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 benefil
of CONTRACTOR' s credilOrs:
, 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 f~om time to time):
15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction:
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
15.1.9., if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu.
ments;
OWNER may. after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the extent
permitted byLaws and Regulations. terminate the services
of CONTRACTOR. exclude CONTRACTOR from the site
and take possession ofthe Work and orall CONtRACTOR's
tools. appliances. construction equipment and machinery at
the site and use the same to the full eXtent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass orconvenionl. incorporate in the Work all materials
and equipment stored at the site or for wnich OWNER has
paid CONTRACTOR but which are stored elsewnere, 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 pe 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 bv ENGINEER and incor-
porated in a Change .order. but when exercising any rights
or remedies under this paragraph OWNER shaU 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 prejudi!=e to any other right or remedy. elect to aban.
don the, Work and terminate the Agreement. In such case.
CONTRACTOR shaU be paid for all Worle executed and any
expense sustained plus reasonable tennination expenses. which
will include, but not be limited to. direct. indirect and con-
sequential coStS (including. but not limited to. fees and charges
of engineers. architects. attorneys and other professionals
and court and arbitration costs).
Contractor May Stop Work or rerminau:
15.5. If. through no act or fault ofCONTRACTO~. the
Work is~uspended for a period of more than ninety days by
OWNER or under an orderof 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 tinally deter-
mined to be due. then CONTRAcrOR may. upon seven
days' written notice to OWNER and ENGINEER.,terminate
the Agreement and recover from OWNER payment for aU
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-
men't as afor~said., CONTRACTOR may upon ,seven days'
written notice to .oWNER and ENGINEER stop the Work
untii payment of all amounts then due. The provisions of this
paragraph shall not relieve CON,TRACTORofthe obligations
under paragraph 6.29 to carry on the Work in accordance'
with the progress schedule and without delay during disputes
and disagreements with OWNER.
. [The remainder of this page was left blank intentionally.]
";"..;-.; .
30
ARTICLE 16--ARBITRATION
16.1 All claims, disputes and other matters in question between
OWNER and CONTRACTOR arising "out of, or relating to, the Contract Docu-
ments or the breach thereof shall be decided under Georgia Law in the
Superior Court of Richmond County, Georgia.
(The remainder of this page 'HaS left blank intentionally. )
..-,!,'
31
, .
..
~
(This page was left blank intentionally.)
32
ARTICLE l7-MISCELLANEOUS
Giving Notic,:
17.1. Whenever any provision of the Contract Docu-
ments requires the giving of written notice, it will be deemed
to have been validly given if delivered in person to the indi.
vidual or to a member of the firm or to an officer of the
corponl.tion 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 t/:1e giver of the notice.
Computation of Tim,:
17.2.1. When any period of time is referred to in the
Contract Documents by days. it will be computed to exclude
the first and include the I~t day of such period. Iftl1e 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 appliclUile
jurisdiction, such day will be omitted from the computa-
tion.
17.2.2. A calendar day of twenty-four hours mell!ured
from midnight to the next midnight shall constitute a day.
Gen,ral:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error, omis-
';:-''':'.
sian or act of the other party or of any of the other party's
employees or agelltS or others for whose acts the other party
is legally liable, claim will be made in writing to the other
party within a reasonable time of the first observance of such
injury or damage. The provisions of this paragraph 17.3 shall
not be construed as a substitute for or a waiver of [he pro-
visions of any applicable statute of limitations or repose.
'17.4. The duties afld obligations imposed by these Gen-
eral Conditions and the rights and remedies available here.
under to the parties hereto, and. in particlllar but without
limitation, the warranties. guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.30.13.1.13.12.13.[4.
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 available to any or all of them which are
otherwise imposed or available by Laws or Regulations. by
special warranty or guarantee or by other provisions of the
Contract Documents, and the provisions of this paragraph
will be as effective ll! if repeated specifically in the Contract
Documents in 'connection with each particuhi~uty. obliga.
tion, right and remedy to which they apply. All representa-
tions. warranties and guarantees made in the Contract Doc-
uments will survive final payment and termination or com-
pletion of the Agreement.
33
SC-l
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 ofthis 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 eXIstmg 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 -2
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.
~PR-18-2007 10:04
ARC PURCHASING
ORIGINAL
P.03
SECTION P
PROPOSAL
Date:
4t"r! 1'7' , ;2-00 ?
/ I'
Gentlemen:
In compliance with y ur invitation for bids dated ~ /9 ,2002, the undersigned hereby
proposed to furnish al labor, equipment, and materials, ~d' to pexform all work for the
installation of roadwa improvements, and appwtenances referred to herein as:
WINCHES ER SUBDIVISION DRAINAGE IMPROVEMENTS
PROJECT NUMBER: 322.04-206822651
In strict accordance w th the Contract DQCument~ and in consideration of the amounts shown on
the Bid Schedule atta bed hereto and totaling:
~o 4~.....J nr< ae -7h,.p""'r~d ~c::::> 4-/-d 7~~ Rve.-
r
t ~/'PC>-DOLLARS 2f?~ Z2S" ~ ),
The undersigned here y agrees that, upon written acceptance of this bid, he will within 10 days
of receipt of such noti e execute a formal Contract agreement with the OWNER, and that he will'
provide the bond or g arantees required by the Contract Documents.
The undetsigned here y agrees that~ if awarded the contract, he will Conunence the work within
10 calendar days after the date ofwritren notice to proceed, and that he will complete the work
within 180 calendar d ys. '
The undersigned ackn wledges receipt of the following addenda:
Addendum Date
~/f3/o7
I I
:#=/
Respectfully submitted /
"':Z;Y"'-I'r ~"'1"-hvc-rjo-? , :::z:::;:,c..,
(Name of Firm) ,
--Po. 13~1C- no .&o-~ c;;4 .7060'7-
(Business.,Ad4ress) 'L~ a,
By: -Ltj~.~
Title: ~t:.e. Presl'~-?+
P -I
8PR-18-2007 10:04
RRC PURCHRSING
P.04
WINCHES ER SUBDIVISION DRAINAGE IMPROVEMENTS
PROJECT NUMBER' 322.04 206822651
.. ...... ~. .. _. " " , , . - . .",' ',..-, . .ro' -, . -
. .- . "... .::.:,~:: .~:~.:.L~~...,..:.:..... ....r,' . :. . '. ",.. ,.. .. -'. .. . . ";~"-:_"'~'l-"". ::. ,f..:"".. .:. .:~.':.. u. ...:.::.:., ::, , . -.' .. . .... ....
r:;;O 0=
e)(JI.} 000 FORCE ACCC ~UNT LS 1 33000- 33000 -
8 oC> 8Z~ c:=:.
150.}000 TRAFflC co mOL LS 1 z:;- -
oC? oC>
163-0232 TEMPORAR"J GRASSING AC 1 /320 - /32;0 -
"",0 c;>O
163-0240 MULCHlUSE MATTING TN 3 '7')0 - 23/0 -
/30J ~ so
163.0300 CONSTRUCT ON EXIT EA I /303 -
CONSTRUCT rPLACE DITCH /t:?o ~ ~ 00
163.0521 CHECKSIWA bDLES EA 24 38 z;>-
.. CONSTRUCT AND REMOVE INLET
'{I/o ~ /h'f?3 ~
163-0550 SEDINlENT T ~ EA 4
O!!!.- 00
165-0030 ' MAINT OF TI tMP SIT.. T FENCE ,TP C LF 2,600 '~&$-
165-0040 MAINT. CHE( K DAMSIWADDLES EA 24 5~~ /3 2-0~
J71-oo30 TEMP SILT Fl NCE TP C LF 2,600 ,~~ /D 7/2- ~
~ /0 ~ /&:>
201-1500 CLEARING A Nn GRUBBING LS 1 A o?o - ,/;: tY?o-
/2-~. oe::>
207-0203 ' BACKFILL M l\ TERIAL, Tn Cy 2,500 3/250 -
210--0100 GRADlNG CC MPLETE LS 1 /&'78/ t2. /673/ ~
STORM DRAl ~ PIPE, HDPES, 30" 72- ?f 5"3 ZS-3' 00
550-1300 DIA (Hl-10) LF 732
STORM DRAl N' PIPE, HOPES, 30" 72- ~ 5"0
550~ 1301 DIA (H1O-15) LF 314 22- f3~3 --
,
610-579J REMOVE PEl' CING zl!!- 00
LF 1,000 2--8/0 -
RESET FENCl ~ ?!-, 00
611-4890 LF 1,000 6 /7'0 -
FIELD INLETJ WIER(ONE SIDED ]734-? ~ //S-~I ~,
668-1100 WIER) EA 3
FIELD INLETI WIER (THREE SIDED z-o 5"5'"02- ~
668-1100 WIER) LF 1 55"02- -
668-1100 CA TCH BASI! OP 1 EA 1 #-~/~ H~/~
THREE PROll CTION BARRIER, 3!!S ",,0
702-7501 TYPE] LF 800 3080-
000-0000 RESET STRU( TURES EA 9 t;.:> 7S- ~ ~D?S-~
~
CONTRACT GRAND TOTAL ~rI-/ z.zs- -
/
. c: ~r
..p. . ~ ~ I WfJ/'" I
P.2 ..:::z;;&/_e4-~ 'I're-.T ~6.r?~-?'
o,.? 14..y/"",~.7 '5~6i'tS?-r-
001-1000 FORCE ACCOUNT
000-0000 TEMP. FENCING
LS
LF
1
1000
$33,000.00
$5.50
$33,000.00
$5,500.00
WINCHESTER SUBDIVISION DRAINAGE IMPROVEMENTS
PROJECT # 322-04-206822651
ITEM NO.
DESCRIPTION
UNIT
QUANTITY
UNIT PRICE
PRICE
P-3
BID BOND
Conforms with The American Institute of
Architects, A.I.A. Document No. A-31 0
KNOW ALL BY THESE PRESENTS, That we, Blair Construction, Inc., PO Box 770, Evans, Georqia 30809
as Principal, hereinafter called the Principal,
and the Western Surety Company
of CNA Plaza, Chicago, Illinois 60685
, a corporation duly organized under
the laws of the State of South Dakota
, as Surety, hereinafter called the Surety, are held and firmly bound unto
Augusta Commission, 530 Greene Street, Room 605, Augusta, GA 30911
as Obligee, hereinafter called the Obligee,
in the sum of 10% of Bid Amount - - - - - - - - - - - - - - - - - - - - - - - _ - - _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Dollars ($ 10% of Bid Amount ) , for the payment of which sum well and truly to be made, the said Principal and the said
Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents,
WHEREAS, the Principal has submitted a bid for Winchester 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 of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to ex~eed 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
19th
2007
April
Blair Construction, Inc., PO Box 770,
Evans. Georgia 30809
day of
(Seal)
Principal
..
,~ $" -------:b~
I.
~~~
Title
Witness
~A{j~~_
{ Western Surety Company
.'1 -t2
(By 1;J1.'.,t LI/;1l,
Buck Leigh
Attorney-in-Fact
Witness
S-0054/GEEF 12/00
FRP
November 30,2006
+~~~~~~~~~~~~~~~~~~~~~~~~+
I I
: ' D. KRELL :
1~NOTARY PUBLIC~:
I SOUTH DAKOTA~I
I . I
+~~~~~~~~~~~~~~~~~~~~~~~+
~
.~P"bli<
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, BuckLeigh, Individually
'of Columbia, SC, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds,
undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts-
and to bind it thereby as fully and to the, same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed,
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation,
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 23rd day of March, 2006,
",,,,,.aNN,
........~\l~Er~...."
.i'~~'-"'..<'o''\
!/!:'o..,o,,~;\'1:.\
="'l~ tAl'"
....\ 'j'"
\~\~~(,"\ooi.'"
"'~,~-,,'~..
711 D"tl:
WESTERN SURETY COMPANY
State of South Dakota
County of Minnehaha
} ss
On this 23rd day of March, 2006, before me personally came Paul T, Bruflat, to me known, who, being by me duly sworn, did depose and say: that he
resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and which
executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was so
affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to,be the act and deed of said corporation,
My commission expires
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 whereofI have hereunto subscribed
my name and affixed the seal of the said corporation this 19th day of IIp:il. , 2IXJ7
L-;"m~
r..~tF~' ;-...."o~
./!: 0'" "~,,.:-\~
f: <i "'J"
~~\~~(',.\oo11
"'q.,,,>-, ,_.~..
liD""
-
WESTERN SURETY COMPANY
cr
~~,
L. Nelson, Assistant Secretary
Fonn F4280-01-02
9JtmJt ~tJtudUm, !Inc.
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 B lair Construction, Inc, '
Blair Construction, Inc. has at some time perfonned 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 our work is underground utilities with the other 20 percent being earthwork and base & paving,
Blair Construction, Inc, currently holds a "Certificate Of Qualification (# 2 BL 150)" from the Georgia Department of Transportation
with a maximum capacity rating of $31,300,000,
As established in past projects with the City of Augusta, we have both the experience and means to perform the subject project to
which we are bidding,
Below are qualified Subcontractors we propose to utilize for this project.
Country Boy Farms
Maner Building Supply
Tucker Grading & Hauling
Augusta Green Wood
H&C Surveying
for grassing and silt fence
for fencing
for hauling
for clearing
for layout
Below are qualified Suppliers we propose to utilize for this project.
.
HD Supply (Local Supplier)
Hanson Pipe & Products
Rinker Materials
Augusta Ready Mix (Local Supplier)
for storm drain pipe
for precast structures
for stone bedding & rip-rap
for Concrete
.
Listed on the following page are recent projects of similar size and/or nature to which Blair Construction, Inc, has successfully
completed.
Resp~ctfully SUbmitte: 4- _ ~ n"
W~"~
William R, Mutimer, Jr" Vice President
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: $514,684,84
5, 36" High Service Water Line
Columbia County, GA
Contract Amount: $318,206,84
6, Highway 25 Wastewater Collection Improvements
City of Augusta, GA
Contract Amount: $1,096,770.33
7, Kissingbower Road Area Water and Sewer Improvements
City of Augusta, GA
Contract Amount: $1,633,317,92
8, Spirit Creek Force Main
City of Augusta, GA
Contract Amount: $5,485,149,66
9, Olive Road Sanitary Sewer Improvem~nts
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,
Date: /2".,1 /7', ,2.00?
0/- /
G - 1
GENERAL NOTES
ADJUSTING MINOR STRUCTURES TO GRADE:
This item consists of raising or lowering the upper portion of existing manholes, water valve
boxes, gas valve boxes or any other miscellaneous structures within the area of construction.
There will be no separate payment for this work unless shown as a separate pay item.
*Prior to any resurfacing the contractor shall identify and reference all structures so the
precise locations can be determined after resurfacing. This shall be done in the company of
the ARC Inspector. This shall be thefirst order of work where minor structures requiring
adjustment are included in the contract.
AGGREGATE SURFACE COURSE:
The item aggregate surface course is for use in inclement weather to facilitate the movement of
local traffic along roadway construction and to permit ingress and egress at drives. When used
for this purpose, Section 318, Georgia Standard Specifications, is modified to permit truck
dumping on unprepared and muddy sub grade. Section 318 is further modified to permit the use
of crusher run stone as described in Subsection 806.02.
The Contractor will have the choice of the following materials:
Graded Aggregate Subsection 815.01
Coarse Aggregate Size 467 Subsection 800.01
Stabilizer Aggregate Type 1 or 2 Section 803
Crushed Stone Subsection 806.02
All materials to be used as directed by the Engineer
AS-BUILT PLANS:
The Contractor shall furnish a complete, legible set of "as-built" plans, in good condition, to the
Project Inspector prior to the date of the Final Inspection. Such plans shall have all significant
changes marked in red. The Project Inspector shall review the marked plans for accuracy,
legibility, and completeness. After the Project Inspector approves and signs the red lined plans, a
Qualified engineering firm, selected by the contractor, shall make arrangements to obtain the -
original approved plans from the Engineering Department Office. After originais have "as built"
information incorporated, they shall be stamped and signed on the cover sheet by a Georgia
Registered Professional Engineer and returned to the Project Inspector for final processing. The
Project Inspector shall sign the as-builts and place them in the permanent record files. There will
be.no separate payment unless otherwise shown.
CASINGS:
All steel casings being installed across any roadway and/or right-of-way shall have the joints
continuously welded to obtain a watertight seal. The Contractor shall notify the Engineer when,
welds are ready for inspection. Welded casings backfilled without the Engineer's' approval shall
be uncovered for inspection at the Engineer's request.
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.
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.
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 611lbs. 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, gninite curb, header
curb, etc.) shall be paid for in the unit price bid for curb and gutter unless otherwise noted.
At locations where new pavement is to be placed adjacent to existing pavement, without an
overlay, or where curbing is to be placed across paved parking lots, a joint shall be sawed on a
line to ensure pavement removal to be neat. Only those joints sawed in concrete pavement will
be paid for under the pay item-Sawed Joints. . . per Linear Foot.
Where curb and gutter is used and the shoulder elevations are higher than adjacent ground, the
actual direction of drainage runoff shall be determined by the Contractor. He shall make such
provisions as necessary to ensure that no ponding is caused by the new construction. He may
place additional fill to provide drain inlets. Compensation will be under the price bid for the
appropriate pay item. Driveway profiles may also be altered allowing the concrete pad to slope
down outside the back of the curb line not to exceed an algebraic difference of 0.07. This should
G-2
G-3
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 proj ect shall be reclaimed in accordance with Subsection 107.23 and Section 160 of the
Standard Specifications and page PP A-I of this document.
All storm 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- Ware to be used at all street intersections on
this proj ect.
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 14" 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.
CONSTRUCTION/UTILITY 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., Contra:ctor, 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.
0"
., - !:: ~ 15 w w w !i: '" '"
flia '" '" ~ w '" '" '" '" '" '" '" '" ~ U; 0; ::: 0; U; :;.: ~ ;;; = 0 CO " ...., '" '" .. '" N - 6
'" ...., 0> .. W '" 0 CO '" ...., 0> '" .. '" '" 0
=1'
"U> \
t,?" 0
~~
....,I~
~ m " n Cl '" ... VI n U> c Cl n '" €
z z hi :x> -i ~ 6 c b ::l ~ ,. -i
~ 0 ~ )> )> :x> ~ :x> C m )>
... '" .... " ~ G1 '" U> :;; " 'J 'J " z U> U> (') (') (') ~ III ;;- ~ :x> :x> :x> G1 G1 G1 Gl 0 Q n (') Q ~ :x> z
:x> ~ '" .2, ~ VI s: " .. " c: c: " " " '" i:: .. ~ :;! iil iil iil iil Z ~ ~ iO ~ " -i
c. ~ :!l G1 ilO 13
,g' 0 " C: Z " Z s, s, s, ~ .. .. a a- a- a !b ~
G-4
(insert sample construction/utility schedule)
G- 5
DESIGN ALTERATIONS:
The Commission-Council recognizes that various changes in design may be made as the project
progresses. Any requests for additional payment will be processed based on actual work in place
and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced
separately and no work shall be done on these items until approved, in writing, by the Engineer.
ENGINEER:
In all contract documents, specifications, supporting documents, etc., the term "ENGINEER"
means, and shall be deemed to mean, the Augusta-Richmond County Engineering Department
Director or hislher designated representative.
EROSION AND SEDIMENT CONTROL:
The contractor shall be responsible for all soil erosion and sediment control practices. All on-site
erosion control shall comply with local Augusta-Richmond County Erosion and Sediment
Control Ordinances. The cost of 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 inSub-Section
107.23 of the Specifications and in accordance with page PP A-I.
FENCE:
All new fences called for on the plans and/or contract documents shall meet the requirements of
Section 643 of the Georgia Department of Transportation Standard Specifications, current
edition. New fence not meeting these Specs will be rejected.
In contracts, where remove and reset fence items are involved (either as pay items or as Lump
Sum Construction) all replacement fence shall be equa~ 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 Flal!l!ers 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- 6
Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket,
and shall use a Stop/slow paddle meeting the requirements of Section 6F-2 of the MUTCD
Current Edition for controlling traffic. The Stop/slow paddle shall have a shaft length of seven
(7) feet minimum. ill 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. ill 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:
ill 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 sub grade. 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-7
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 of the project unless shown as a separate pay item.
All unpaved and natural areas that are disturbed by the construction of this project are to be
returned to the pre-existing shape and slope and then finished and dressed. No separate payment
will be made for grassing, fertilizing, and mulching of disturbed areas, unless specifically shown
as a pay item.
Discontinued roads or other areas inside or outside the project 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 fot 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 project is considered to be within the limits of an insect infested area. The
contractor's attention is called to the following sections of the Standard Specifications: (A) 155
Insect control (B) 893 Miscellaneous Planting Materials.
INSPECTIONS:
This project will be inspected by the Engineer or his Representative.
LANDSCAPING:
All the requirements of Section 702 of the Georgia Department of Transportation Specifications,
current edition, are applicable to this project except as follows: there will be no separate pay for
staking, including Perimeter Staking and for Spring Application of Fertilizer. All costs shall be
included in prices bid for Landscape Items. Bag grown plants are not acceptable.
G- 8
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 of the pipe.
PAYMENT FOR PIPE CULVERT INSTALLATION:
1. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing
existing pavement and replacing the pavement as specified in accordance with Standard 1401.
2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete (See
Georgia Standard 9031-L).
PIPE CULVERTS:
Unless otherwise noted, all storm drain, longitudinal and stub pipes are to be reinforced concrete.
All required pipe culverts shall be in accordance with Standard 1030-D.
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No separate
pay item will be made for this material for its placement.
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 same are shown as
information only, are not guaranteed, and do not bind Augusta-Richmond County, Georgia in
any way. Only the actual quantities completed and accepted will be paid for. The attention of
the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard
G-lO
G-ll
Specifications, of the Georgia Department of Transportation, current edition, which will be part
of this contract.
This project is based on, and shall be constructed in accordance with, The Georgia Department
of Transportation Standard Specifications Construction of Transportation Systems
Manual, The Georgia Manual of Soil Erosion Control current editions and any
supplements thereto (to be onsite 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 Spendout Schedule beginning with the Notice To Proceed and extending through the
anticipated construction life of the project, shall be submitted at the Pre-Construction
Conference. Such schedule shall include the anticipated earnings on a monthly basis.
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) fromthe 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- 12
TEST ROLLING:
Prior to placing any base course, th~ 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 of time for use of the detours.
The Contractor shall so conduct his operations that there will be a minimum of interference with,
or interruption of, traffic upon and along the roadway. This applies to the initial installation and
the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall
be maintained at all times unless approved otherwise by the Engineer. As a minimum, the
Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition
and Georgia Standard 9102.
UTILITIES:
All utility facilities except those owned by Augusta Utilities Department which are in conflict
with construction, not covered as specified items in the detailed estimate, are to be removed and
relocated to clear construction by the respective owners with the exception of Augusta Utilities
and Augusta Traffic Engineering unless added later to the contract as a supplemental item. All
"above ground" utility structures will be located as near as possible to the right-of-way line.
G-13
The Contractor will not be paid for any delays or extra expense caused by utility facilities
obstructions or any other items not being removed or relocated to clear construction in advance
of his work.
All known utility facilities are shown schematically on the plans, and not necessarily accurate in
location as to plan or elevation. Utility facilities such as service lines or unknown facilities not
shown on the plans will not relieve the Contractor of his responsibility under this requirement
except as noted below. "Existing Utility Facilities" means any utility facility that exists on the
highway project in its original, relocated or newly installed position. Other than service lines
from street mains to the abutting property the contractor will not be held responsible for the cost
of repairs to damaged underground utility facilities when such facilities are not shown on the
plans and their existence is unknown to the Contractor prior to the damage occurring, providing
the Engineer determines the Contractor has otherwise fully complied with the Specifications.
The Contractor shall use the one-call center telephone number 1-800-282-7411 for the purposes
of coordinating the marking of underground utilities.
The Contractor's attention is directed to the probability of encountering private utility
installations consisting of sanitary sewers, water, sprinkler systems, ornamental light systems,
gas and underground telephone cables that either are obstructions to the execution of the work
and need to be moved out of the way or, if not, must be properly 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.
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
Augusta Utilities Department
360 Bay Street, Suite 180
Augusta, GA 30901
Phone: (706) 798-0494
FAX: (706) 312-4123
Attn: Russell Thies
Bell South
3841 Wrightsboro Road
Augusta, GA 30909
Phone: (706) 860-8283
FAX: (706) 855-1917
Attn: Warren Geitl!ev
Georgia Power
290 North Peachtree Street
Lincolnton,GA 30817
Phone: (706) 836-0130
FAX: (706) 359-6115
Attn: Al Danner
Knology of Augusta
3714 Wheeler Road
Augusta, GA 30909
Phone: (706) 364-1015
FAX: (706) 364-1011
Attn: Richard Strenl!th
Jefferson Energy Cooperative
P.O. Box 457
Wrens, GA 30833
Phone: (706) 547-5019
Fax: (706) 547-5051
Attn: Mike Wasden
Comcast Communications
P.O. Box 3579
Augusta, Ga 30904
Phone: (706) 739-1865
FAX: (706) 733-6942
Attn: Kevin 0' Meara
KMC Telephones:
(706) 821-2522
Attn: Dennis Norviel
G - 14
G - 15
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.
~
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 1SQ-TRAFFIC CONTROL
August 28, 1995
First Use: October 20, 1995
Modification of Special Provision
Section 150 - Traffic Control (Rev. June 21, 1994)
Reta.in Section 150 a.s written a.nd.add the following:
For this project, all references to flags on construction warning signs in the Standard Construction Details
listed below are deleted except for signs which are mounted at less than seven (7') feet in height (portable
signs). '
Standard Construction Details
Typical By-Pass Detour for Two-Lane Highway
Typical Detour Across Median
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscellaneous Det.ails
In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9101, 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: Channelb;ation device spacing shall be 10 feet for 200
feet in advance ofthe temporary gore, and 10 feet for the first 100 feet of the temporary gore.
150.03. F.1. MATERIALS -INTERIM SIGNS: Retain a$ written and add second paragraph..
Posts for all interim signs shall be constructed to yield upon impact unless the posts are protected
by guardrail, portable barrier, impact atunuator or other type' of positive barrier 'pro~ction.
Unprotecud posts shall meet the breakaway requirements of the "1985 AASHTO Standard
Specifications fOT Structural Support.s for Highway Signs, Luminaries and Traffic Signals".
Unpro~cted post splices will not be permitud any higher than fOUT inches above the ground line
to lessen the possibility of affecting the undercarriage of a vehicle,
150.03.H. 'CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE
REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF
WARNING FLAGS.
Delete first sentence ofsecond paragra.ph. and substitute:
Construction warning signs which are mounted at less than seven feet in height (portable signs) shall
have two 18 inch x 18 inch fluorescent red.orange or orange,red warning flags mounud on each sign.
TC -1
June 22, 1994
First Use: July 24, 1994
DEP ARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.04.E.2.a.2.: Retain as written and add: In lane shift areas skip lines are nota1lowed. 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 (eleIJen). '
150.10 PAYMENT: Item No. 641 - Delete reference to Type 9 and substitute Type 11 (eleIJen).
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
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 Ba.ni.cades,
Type II Barricades, Type "A'; flashing-lights and Type "C" steady burn lights are deleted, e:xcept that
Type "C" lights will be required for tapers innighttime lane ~losures;
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, MiscelIaneous Details
In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102,9106, 9101, and
applicable Standard Construction Details shall conform to Pa...-1; VI of t,e MUTCD, Revision 3, dated
September 3,1993. '
Detail "A" as shown on Ge~rgia 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 MUTeD shall be
considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintainine, and
removing necessary traffic signs/barricades, lights, signals; cones, pavement markings and other traffic
control devices and shall include flagging and other means for guidance and protection ohehi~ar and
..,.. .. '
U.S. Government Printing Office
Superintendent of Documents
'Mail Stop: SSOP.
Washington, D.C. 20402-9328
DEP ARTM:ENT OF TRANSPORTATION
STATE OF GEORGIA
pedestrian traffic through the Work Zone. This Work shall include both maintaining existing devices
(excluding Traffic Signals) and installing additional devices as necessary in constroction work zones.
When any provisions of this Specification or the Plans do not meet the minimt.1Il1 requirements of the
Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition of the
MUTCD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration of the
project.
A. The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor
(WTCS) who shall be responsible for selecting, installing and maintaining all traffic control de'Vii:es
in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's
tnffic control responsibilities shall have priority over all other assigned duties.
As the representative of the Cop.tractor, the WTCS shall have full authority to act on behalf of the
Contractor in administering the Traffic Control Plan. The mcs shall have appropriate training in
safe traffic control practices in accordance with Part VI of the' MUTCD. In addition to the WTCSall
others making decisions regarding traffic control must meet the training requirements of Part VI of
the MUTCD. On projects where traffic control duties will not require full time supervision, the
Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as
satisfactory results are obtained.
The WTCS shall have a copy of the MUTCD on the job site. Copies of current MUTCD maybe
obtained from:
The WTCS shall be available on a 24-hour basis as neede~ to maintain traffic control devices with
access to all personnel, materials and equipment necessary to respond effectively to an emergency
situation within forty.five (45) minutes of notification of the emergency.
The 'WTCS shall supervise the initial install ation of traffic control devices which will be re'Viewed by
the Engineer prior to the begirining of construction. Modifications to traffic control de'Vices as required
by sequence of operations or staged construction must be reviewed by the WTeS. The mcs shall
regularly perform inspections to ensure that traffic control is maintained.
B. All traffic control devices used during the constroction of a project shall meet the Standards utilized
in the MUTCD, and shall comply with the requirements ofthese Specifii:atioD.3, 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) sign.s, object markers, and channelization
devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other
signs shall meet the'requirements of Type I unless otherwise specified.
D. No work shall be started on any project phase until the appropriate traffic control devices have been'
placed in accordan~e with Project requirements. Changes to traffic flow shall not commence unless
all labor, materials, and equipment necessary to make the changes are available on the Project.
E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation,
sequence of work and methods of providing for the safe passage of vehicular and pedestrian traffic
before it is placed in operation. The proposed plan of operation should supplement the approved
traffic control plan. Any 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 St<mdard Specifications. '
TC .3
DEP ARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Some additional traffic control det.1i1s 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 MUTeD, Plans, Special Provisions,
and other signs as required to fit conditions.
3. The method to be used in, and the limits of, the obliteration of conflicting lines and markings.
4. ,Type, location, and extent of new lines and markings.
5. Horizontal and vertical alignment and superelevation rates for detours, including cross section
and profile grades along each edge of existing pavement.
6. Drainage details fortemporary and permanent alignments.
7. Location; length, and/or spacing ofchanneIization and protective devices (temporary barrier,
guardrail, barricades, etc.)
8. Starting time, duration and date of planned change.
9, For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing
workforce, materials, and equipment necessary to accomplish the proposed work.. This will bethe
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
maintained in accordance with Subsection 104.05 throughout the construction period. All
unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic
control devices shall be removed, placed or covered so as not to be visible tAl traffic. If traffic control
devices are left in place for more than ten days wr 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.
I' 150.02 WORK ZONES:
A. In addition to the other provisions contained herein, work zone traffic control shall be accomplished
using the follOwing means and materials:
1. Portable advance warning signs as required by the contract or meeting the requirements of the
MUTCD and Sub-Section 150.03.
2. Portable sequential or flashing arrow panels as shown in the Plans or Specifications for use ~n
Interstate or multi-lane highway lane closure only, shall be a minimum size of 48" high by 96"
TC .5
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
wide with not less than 15 lamps used for the arrow. The arrow will occupyvirtuaIly the entire
size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum
legibility distance is that distance at which the arrow panel can be comprehended by an observer
on a sunny day, or clear night. Arrow panels shall be equipped with automatic dimming features
for use during hours of darkness. The arrow panels shall also meet the requirements as shown
in the MUTeD. The sequential or flashing arrow panels shall not be used for lane closures on ~o-
lane, t)Vo-way highways when traffic is restricted to one-lane operations in which case,
appropziare signing, flaggers and when required, pilot vehicles will be deemed sufficient.
3. Portable changeable message signs meeting the requirement.s of Section 632 and the MUTCD.
4. Channelization devices meeting the standards of the MUTCD and Subsection 150.05.
5. Precast concrete barrier meeting the requirement.s of Section 622.
6. Temporary traffic signals meeting the requirements of Section 647.
7. Pavement marking marerials complying with Subsection 150.04.A.
B. LANE CLOSURES:
1. All lane closures shall have prior approval of the Engineer. Lane closures that require same
direction traffic to be split around the Work Area will not be approved for ro,adwa.ys with posted
speeds of 35 mph or greater, excluding turn lanes.
2. On multilane highways where traffic has been shifted to the inside lanes for overnight use, the
entrance and exit ramps shall have channelization devices placed on both sides of the ramp. The
temporaxy ramp taper length shall be greater than, or equal to, the existing taper length. Interim
EXIT gore signs shall be placed at ilie ramp divergence. Channelization device spacing in the first
100 feet of the temporary gore shall be 25 feet. '
3. Termination Area: The transition to normal or full width highway at the end of a lane closure
shall be a maximum of 150 feet.
4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07,
the Contractor shall remove all signs, lane closure markings, and devices immediarely when lane
closure work is complered or temporarily suspended for any I ength of time or as directed by the
Engineer.
c. TRAFFIC PACING METHOD:
1. PACING OF TRAFFIC: With prior approval from ilie Engineer, traffic may be paced allowing the
Contractor up to ten (10) minutes maximum to work in or above all lanes of traffic for the
following purposes:
a.; Placing bridge members or other bridge work.
b. Placing overhead sign structures.
c. Other work items requiring interruption of traffic.
The Contractor shall provide a unifonned police officer with patrol vehicle and blue flashing light for
each direction of pacing. The police officer, Engineer, and flaggers at ramps shall be provided with a.
radio which will provide continuous contact With the Contractor.
TC-6
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
, . ,
When ready to start the work activity, the police vehicle will pull into the travel lanes and act as a
pilot vehicle slawing the traffic thereby providing a gap in traffic allowing the Contractor te perform
the Work. Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic,
'With a flagger properly dressed and equipped with a Step/Slow paddle. Each ramp should be opened
wr the police vehicle has passed. '
Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph
non-interstate. The, Contractor shall provide a vehicle to proceed in front of the police vehicle and
behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared
the area.
Traffic will not be permitted to stop during pacing except in extreme cases as approved by the
Engineer.
2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of
the beginning point of the pace, the Contractor shall erect and,cover a W -special sign (72 inch 72
inch) with a Type "B" flashing light, with' the legend "TRAFFIC SLOWED AHEAD SHORT DELAY"
(See Detail 150-A). A portable changeable message sign may be used in lieu of the W-special sign. On
divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted
at the sign, and upon notice that the traffic is to be paced shall turn on theflashine- light and reveal
the sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered
or removed. W-special signs are reflectorized black. on orange, Series "e" letters and border of the size
specified.
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12'
12' SEll. 'c'
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
TY~ ~' FL.lSJlJ~ LICHl CJ( TRJJ'FIC SlOE
53'
19.5'
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DETAIL 150-A
D. The Contractor's trucks and other vehicles shall travel in the direction ofnonnal roadway traffic
Wlless separated by a positive barrier, or when construction activity necessitates otherwise, and shall
not reverse direction except at intersections, interchanges, or approved temporary crossings. '
E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not
interfere with normal traffic operations or adjacent properties.
F. Existing street lighting shall ,remain lighted as long as practical and until removal is approved by the
Engineer.
G. Adequate temporary lighting shall be provided at all nighttime work sites where workers will be
immediately adjacent to traffic.
H. For their own protection, workers in or adjacent to traffic during nighttime operation shall wear
reflectorized vests.
TC .7
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
I. The parking of Contractar's and/or workers personal vehicles within the work area or adjacent 00
traffic is prohibitad.
J. The Worksita Traffic Control Supervisor (WTCS) shall monioor the work ta ensure that all the rocks,
boulders, construction debris, stockpiled materials, equipment, tools and other pountial hazards are ,
kept clear of the travel way. These items shall be stDred in a location, in so far as practical, where they
will not be subject ta a vehicle running off the road and striking them. '
K. All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate
changes ta 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 ofilie project, all existing guide, warning,
and regulatory signs shall be maintained by the Contractor in accordance with these Specifiea.tions.
Existing street name signs shall be maintained at street intersections. All existing illuminated signs
shall remain lighted and be maintained by the Contractor.
B. When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered
so as not to be visible to traffic. All construction warning signs shall be removed within seven calendar
' days afl:er time charges are stopped or pay items are complete. Subsequent punch-list or other work
ta be performed shall be accomplished utilizing temporary construction warning signs that shall be
removed daily.
c. The Contractor shall not remove any existing signs and supports without prior approval from the
Engineer. All existing signs and supports which are to be removed shall be stored and protected as
directed by the Engineer, and become the property of the Department unless otherwise specified in
the contract documents.
D. Interim guide, warning, or regulatory signs required to dir'ect 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 lea.c;t seven feet above the level of pavement edge.
E. Existing special guide signs on the Project shall be maintained until conditions require a change in
location or legend content. When change is required, existing signs shall be modified and continued
in use if the required modification can be made within existing sign borders using desi~
requirements (legend, letter size, spacing, border, etc.) equal to that .of the existing signs, or of
Subsection lSO.03.E.S. Differing legend designs shall not be mixed in the same,sign.
1. SPECIAL GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that
are designed with a message content (legend) that applies to a particular roadway location. When
an existing special ~de sign is in conflict with work to be performed, the Contractar shall remove
the conflicting sign and reset it in anew, non-conflicting location which has been approved by the
Engineer. .
2. INTERIM SPECIAL GUIDE SIGNS: When iUs not possible to utilize existing signs, either in
place or relocated, the Contractorshall furnish, erect, maintain, modify, relocate, and remove new
interim special guide signs in accordance with the Plans or a.c; directed by the Engineer.
3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide sign
structures are not required to be lighted unless specifically'required by the Plans. If lighting is
required the sign shall be lighted as soon as erected and shall remain lighted, during the hours
of darkness, until the interim sign is no longer required. The Contractor shall notify the Power
Company at least thirty (30) days prior to desiring connection to the power source.
TC -9
DEPARTMENT OF TRANSPORTATION
ST AJ:E OF GEORGIA
4. The installation of new permanent special guide signs and the permanent modification or
resetting of existing special guide signs, when inc1udedin the contract, shall be accomplished as
soon as practical to minimize the use of interim special guide signs. If lighting is required by the
Plans, all new permanent overhead special guide signs shall be lighted as soon as erected.
5. Interim special guide signs that may be required in addition to, or a replacement for, existing
expressway and freeway (interstate) signs must be designed and fabricated in compliance with
the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways"
and Part 2F "Guide Signs Freeways" of the MUTeD, except that the minimum size of all letters
and numerals in the names of places, streets and highways on all signs shall be 16 inches Series
"E" initial ~pper.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. Addi tionally, 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 He,u of galvanization for steel posts or structural shape posts. Wood
posts are not required to be pressure treated.
2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 ofthe
Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1
and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regaxdless of the sign type
used. Alternative sign blank materials (composites, poly carbonates, fiberglass reWorced plastics,
recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research
for use as intenm'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 theclriver's line of sight to the signs.
H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the
MUTeD and shall include a series of at least three advance road construction (W20-1) signs placed
at the temtini 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'aJso have the legend
ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILE.) On-ramps and at grade intersecting roadways
shall be signed with a minimum of one ROAD WORK AHEAD sign.
All construction warning signs shall have two 18 inch x 18 inch fluorescent red-orange or orange-red
warning flags mounted on each including the project construction signs (G20~1 and G20-2A.) Project
mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest
whole mile. All co~!;ruction warning signs on divided highways shall be double indicated (Le., on the
left and right sides ofthe roadway.)
1. The sequential or flashing arrow panels shall be placed on the shoulder at or near the point where
the lane closing transition begi.ns. The panels shall be mounted on a vehicle, trailer, or other suitable
support. Vehicle mounted panels shall be provided with remoUl controls. Minimum mounting height
shall be seven feet above the roadway to the bottom of the panel, except on vehicle mounted panels
which should be as high as practical.
J. The portable changeable message sign, when specified, shall be placed ahead of construction activities
and shall meet the requirements of Section 632 and the MUTCD.
DEPARTM::ENT 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 m~rkings in accordance with Section 652 and in conformance with
Section 3A and 3'B, except3B-3 and 3B-5, of the MUTCD 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
maikings ap'plied under this Section shall be fully maintained until Final Acceptance. If the pa.vement
markings are, or become, unsatisfactcry in the judgement of the Engineer due to wear, weathering,
or construction activities, they shall b'e restored immediately. On resurfacing projects pavement
markings shall be provided on all surfaces that are placed over existing marldngs. On widening and
reconstruction projects (where the lane configuration is altered from the pre-construction layout)
pavement markings will be as required by the Plans or the Engineer. On new construction projects
pavement marking plans will be provided.
B. MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width
and shall conform to the requirements of Section 652, except as modified herein. Raised pavement
markers (RPMs) shall meet the requirements of Section 654. Markings on the final surface course
which must be removed shall be a removable type. The Contractor will be permitted to use paint,
thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise
directed by the Engineer. Partial (skip) reflectarization (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 tc allow the installation of
markings in the final lane configuration at the earliest possible stage.
Inappropriate or conflicting existing pavement markings shall be removed.
When shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall'
be removed prior to, during, or immediately after any change so as ta present the least intenerence
wi th traffic. '
Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the
project for immediate use. If marking removal equipment failures occur, the equipment shall be
repaired or replaced (including leasing equipment if necessary), so. that the removal can be
accomplished without delay.
Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course,
when approved by the Engineer. When an asphaltic concrete' overlay is placed for the sole purpose
of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay
will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid
for only once and further traffic shifts in the same area shall be accomplished With removable
lIlaIkings. Only the minimum asphaltic concrete thickness required to cover lines (generally 60 IbJsq.
yd. of Asphaltic Concrete "H") will be allowed. Excessive build-up will not be permitted. When an
overlay for the sole purpose of eliminating conflicting markings is not allowed, the markings no longer
applicable shall be 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 fo,r 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 c1eanin~ alid drying before the
installation ofRPMs is required. TC - 10
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
1. On Interstate and limited access highways under construction, excluding projects con.sisting
primarily of asphalt resurfacing items, retro-reflective raised pavement markers CRPMs) shall be
placed and/or maintained on intermediate pavement surfaces opened to traffic as follows: '
a. SUPPLEMENTING LANE LINES:
80 fDot centers on skip lines with curvature less than three degrees. (lncIudes tangents.)
40 foot centers on solid lines and all lines with curvature between three degrees and six
degrees. '
20 foot centers on curves over six degrees.
20 foot centers on lane transitions or shifts.
b. SUPPLEMENTING RAMP GORE LINES:
20 foot centers, two each, placed side by side.
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 interrilediate
pavement surfaces as follows:
a. SUPPLEMENTING LANE LINES AND SOLID LINES:
40 foot centers except on lane shift.s. (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 1a..TJ.e shifts. (When required in the Plans
or Contract.)
.20 foot centers on lane shifts. (Required in all cases.)
RPMs are D..Qi allowed on right edge lines.
E. EXCEPTIONS FOR INTERIM MARKINGS: Some exceptions wthe time of placement and pattern
of markings are permitted as noted below, however, full pattern pavement markings are required for
the completed project.
1. '!WO-LANE, TWO-WAY ROADWAYS
a. SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes
shall be at least four feet long with a maximum gap of 36 feet. On curves greater than six
degrees, a two-foot stripe with a ma."ti.mum. gap of 18 feet shall be used. In lane shift areas
skip lines will not be allowed. Solid Lines will be required. Interim sk.ip lines will be
permitted for a period not to exceed 14 calendar days. Interim skip lines must be replaced
with markings in full compliance with Section 652 prior to expiration of the 14 calendar day
period. '
TC . 11
TC - 12
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Interim raised pavement markers may be substituted for the 'interim skip (broken) stripes.
If raised pavement markers are substituted for the four foot interim skip stripe, four markers
spaced at equal intervals over a four feet distance will be required. No separate payment will
be made if the interim raised pavement markers are substituted for interitn,skip lines.
Interim raised pavement markers shall be retro-reflective, shall be the same color as the
pavement markers for which they are substituted, and shall be visible during daytime..
The type of interim marker and method of attachment to the pavement: must be approved by
the Office of Materials and Research but in no case will the markers be attached by the use
of nails.
The interim raised pavement markers must be maintained until the full pattern pavement
markings are applied. At the ,time full pattern pavement markings are applied the interim
raised markers shall be removed in a manner that will not in~rfere with application of the
full pattern pavement markings.
b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not roexceed 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 (R4-124" x 30") shaJlbe placed at the
end of each no-passing zone. Post mounted signs shall be placed in accordance with the
MUTCD. Portable signs must have a minimum vertical height of three feet above the
pavement surface to the bottom of the sign and be secured in such a manner as to not be
easily blown over or misaligned.
c. EDGELINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that
are in use for a period of less than 60 calendar days except at bridge approaches/on l~e
transitions, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within SO caJendar days of the time that the final surface
was placed.
(2) All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that
are in use for a period of less than SO 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, sropbars, symbols,
words and other similar markings shall be placed on final surfaces conforming to Section 652
within 14 calendar'days of completion of the final surface. On intermediate surfaces these
markings will generally not be required unless speci.fiedby the Engirieer because of special
conditions orwhen the intermediate surface will be in use feir more than 45 calendar days.
2. MULTI-LANE HIGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOUR FEET OR LESS
a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE)
(1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers
shall be restored before nightfall.
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.1.a. maybe
used for periods not to exceed three calendar days.
(3) Edgelines . Edgelines shall be placed on intermediate and final surfaces within three
calendar days of obliteration.
b. DMDED IDGHWAYS (GRASS OR RAISED MEDIAN)
(1) Lanelines - Full pattern skip stripe shall be restored before nightfall.
(2) Centerlin€'lEdgeline - Solid lines shan be placed on intermediate and final surfaces within
three calendar days of obliteration.
c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.1.d.
3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER
THAN FOUR FEET
a. Same as Subsectiono150.04.E.2. except as noted in (b) below.
b. EDGELlNES.
(1) Asphaltic Concrete Pavement. Edgelines shall be placed on intermediate and final
surfaces prior to opening to traffic.
(2) Portland Cement Concrete Pavement. Edgelines shall be placed on any surface open to
, traffic no later than one calendar day after work is completed on as ection 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 placem.ent 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 orDO NOT PASS and PASS WITH CARE signs. On new
location projects and on projects where either horizontal or vertical alignment.s have been modified,
the loeation of No-Passing Zones will be identified by the Engineer. .
G. MOBILE OPERATIONS: When pavement markings (centerlines, lane lines, and edge lines) are
applied in a continuous operation, by moving vehicles and equipment, the following minimum
equipment and warning devices shall be required in addition to the requirements of the MUTeD:
1. A lead vehicle is required for two-way traffic conditions and shall have an approved sequential
or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead vehicle is not
required for low volume off-system routes and one-way traffic applications. .
2. The work vehicle applying markings shall have a sequential or flashing arrow panel mounted on
the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel
shall be mounted so as to be easily visible to oncoming traffic. The work vehicle shall follow
directly behind the lead vehicle.
3. The work vehicle placing cones shall follow directly behind the work vehicle applying the
markings. The cone work vehicle shall have a sequential or flashine arrow panel mounted on the
rear. TC . 13
TC - 14
DEP ARTMENT 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 LEIT (RIGHT), On
interstau and limited access roadways, the protection vehicle shall be equipped with a truck
mounred attenuatar crMA) that is certified for impacts not less than 45 mph in accordance with
NCHRP 230.
5. All vehjcles shall be equipped with the official slow moving vehicle 'symbol sign and left and right.
side rear mounud flashing yellow lights.
150.05 CHANNELIZATION
A. GENERAL: Channelization should clearly delineate the travelwaythrough the work zone and alert
drivers and pedestrians ta conditions created by work activities in or near the trav el way.
Channelization shall be done in accordance with the plans and specifications, ilie MUTCD, and the
fa llowingreq uirem en ts.
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 channelizmg device to delineate the
full length of a lane closure, shift; or encroachment, except as modified by this Subsection.
(a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be uSed on all
transition tapers. The minimum length of the approach transition taper for a lane closure,
shift, or encroachment for highways with posted speed of 45 mph or greater shalrbe equal
to the lane width oflateral shift (Ft.) x the posted speed limit (Mph), (L = WS), but not
less than 150 feet. For multiple lane closures, only one lane may be closed per taper with
a minimum tangent length of 2L between tapers. The length of a closed lane, excluding
the transition taper, will be limited to two mile, unless otherwise approved or directed by
the Engineer. Drums shall be placed the full length of the taper spaced at maximum
. intervals in feet equal to the numerical speed limit (EXAMPLE: 55 Mph Speed Limit =
55 feet maximum spacing).
For taper len~ on urban, residential or other streets where the posted sp eed is 40 mph
or less, the minimum length of the approach transition taper may be computed using the
formula L = WS2/60. Greater taper length shall be used when required for individual
situations. '
Drums with steady burning lights, for the length of the taper only, are required if the
condition exists into the night.
(b) LONGITUDINAL CHANNELIZATION: Dru.m.s 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 fonoW's:
(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..
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) 100 FOOT SPACING MAXIMUM:
(a) For difference in elevation of two inches or less.
(b) Flush areas where equipment or workers are within ten feet of the travel lane.
(3) 200 FOOT SPACING MAXIMUM: Where equipment OT 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 typioal section that are flush
to the travel lane and considered a usable shoulder.
When the appropriate signs are posted advising of conditions sucb as soft or low
shoulder, drums may be removed after shoulders are completed to typical section
and grassed and after guardrail or other safety devices have been installed.
b. VERTICAL PANELS:
(1) DESIGN: All vertical panels shall have a minimum of 270 square inches ofretro-reflective
area facing the traffic and shall meet the require~ents of the MUTCD~
(2) APPLICATION: Lane encroachment by the drum on the travelway should permit a
remaining lane width often feet. When encroachment reduces the travelway to less than ten
feet, vertical panels shall be used to restore the travelway to ten feet or greater. No other
application ohenical panels will be permitted.
c. CONES:
(1) DESIGN: All cones shall be a minimum of 28 inches in height regardl ess of application and
shall meet the requirement of the MUTeD.
(2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight
closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime
work will not be permitted.
d.' BARRICADES:
(1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III
barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized
as required in Subsection l50.01.C.
(2) APPLICATION: Type III barricades shall be' placed as required by the pl3.DS, the
Standards, and as directed by the Engineer.
e. WARNING LIGHTS:
(1) DESIGN: All warning lights shall meet the requirements of the MUTCD.
(2) APPLICATION:'
(a) Type A low-intensity flashing lights shall be used as shown in the Plans, the
Standards, and as directed by the Engineer. Flashing lights are not required for advance
warning signs in Subsection 150.03.H.
-r,.. _"'I:
DEP ARThffiNT OF TRANSPORTATION
STATE OF GEORGIA
(b) Type C Steady-Burn lights shall be used on all tapers when the condition existl into
the night. Steady-bum lights shall also be used as shown in the Plans, the Standards, and
as directed by the Engineer. .
f. PORTABLE BARRIERS:
(1) DESIGN: Portable Barriers shall meet the requirements of Section 622 - PRECAST
CONCRETE BARRIER. '
(2) APPUCATION: Portable Barriers shall be placed as required by the plans. standards, and
as directed by the Engineer. When Portable Barrier is located 20 feet or less from a travel
lane, yellow reflectors shall be fixed ro the top of the barrier at intervals not greater than 50
feet and shall be mounted approximately two inches above the barrier. The reflectors shall .
be either 10" x 10" square Type V (or equal) reflective sheeting mounted on flat-sheet panels,
or 8" diameter center-mounted sealed prismatic reflex reflectol'shoused in an aluminum
backing with a single grommeted hole.
Approach end of Port.able 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 ta be separated by less than 40 ft., precast concrete barrier shall be used as
a separator.
B. TEMPORARY SAND LOADED AITENUATOR MODULES
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance, relocation, reuse
as required, and removal of Temporary Sand Loaded AttenuateI' 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 IAaded 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 ATI'ENUATORS:
1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation,
maintenance, relocation, reuse as required, and removal ofPortahle ImpactAttenuators.
2. MATERIALS: Materials used in the Atumuator 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 - Type 11:
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance and removal of
Temporary Guardrail Anchorage - Type 11 used for Portabl e Barrier or temporary guardrail end
treatment. TC - 16
TC -17
DBP ARTMENr OF TRANSPORTATION
STATE OF GEORGIA
2. MATERIALS: Materials used in the Temporary Guardrail Anchorage. Type 11 shall meet the
requirements of Subsection 641.02 of the Standard Specifications and cun-ent Georgia Standards
and may be new or used. Materials salvaged from the Project which meet the requirements of
Standards may be utilized if available. The use of any salvaged materials will require prior
approval of the Engineer.
3. CONSTRUCTION: Installation of the Temporary Guardrail Anchorage. Type 11 shall conform
to the requirements of the Plans, current Georgia Standards and Subsection 641.03 of the
Standard Specifications. Installation shall also include sufficient additional guardrail and
appurtenances to effect the transition and connection to Temporary Concrete Barrier as required
by the details in Georgia Standard 4960. .
150.06 EXCAVATION ADJACENT TO A TRAVEL LANE: Construction work involving trenching adjacent
to a travelway shall not begin until the Contractor is able to continuously place the required typical
section to. within two inches of the existing pavement elevation, or heal the remaining difference in
elevation to the traveled wayas shown in DetaillS0.E.
Channeliiation devices and placement during the construction period shall conform to the requirements
of Subsection 150.05 and Details 150-B, ISO-C, lOO-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 "CLEFT)
<RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream
ofthe point where channelization devices are erected on the paving edge.
A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-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, wbere the Contractor has demonstrated the ability to continuously excavate and
backfill in a proficient manner, a single length of excavated area not to exceed 1000 feet may be left
open as a st.ut up area for periods not to exceed 48 hours.
B. ASPHALT BASEStBINDERS: Drop~ffs in elevation of more than two inches between surfaces
carrying or adjacent to traffic will not be allowed for more than 48 hours.
C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work
adjacent to the traveled way which involves these types of bases shall be healed within 48 hours after
the curing period is complete for each section placed. During the placement period, traffic control
devices will be in accordance with Subsection 150.05 and Detail lSD-B. .
D. MISCELLAl-t"EOUS EXCAVATIONS OR DROP.OFFS ADJACENT TO TRAVEL WAY: Work stich as
drainage structures, utility facilities, or any other work which results in a drop-off adjacent to the
travel way shal1be performed expeditiously so as to minimize the exposure to the hazard. As soon as
practical; the excavation shall be backfiliedto the minimum requirements of Detail 150-E. tn no case
will the drop-offbe aTIowed to exist more than five calendar days. This may require stage construction,
such as plating and backfilling the incomplete work.
-(
t NEW CONSTRUCTION 1(
TRAVEL LANE
~
DBP ARTMENT OF TRANSPORTATION
STATE OF GEORGIA
NOTEI Drums r-e~lred for thIs
locotlon,apaced 01' 50 FT. Inter vols.
If the traveled woy wTdth
Is r-educed to Jess than
10 fee:t by the U58 of drums.
vert leal panels shalf be used
In IT eu 0 f drurn3.
LocatIon of d!"'\JC11s when
drop-of'f exceeds 4 Inches.
----------~... .
"""---~--------\
.DROP-OFF GREATER THAN 4 INCHES
DETAIL 150-8
Or-urns spaced 01'
50 feet Intervals.
LocatIon of drums when
drop-off !5 Z+ Inches to
~ Inches.
...:~~~------\ .
-----------\
1(
t
NEW CONSTRUCTION
1<
TRAVEL LANE
~
DROP-OFF OF 2+ INCHES TO 4 ~CHES
DET AIL 15Q-C
TC -18
Drums spoc~d aT
100 feet Intervals.
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
LocatIon of d"'l.l'T15 when
drop-off Is 2 Inches or" less.
~ft .:~______\
----------..:..\
+
TRAVEL LANE
~
<
t
.NEW CONS TRUCT/ON
CompaCted or-oded
oQo,..eoete,subbese
mate,..lelo,.. dl,..t.
NO STEEPER THAN 4:1
~
DROP-OFF OF 2 INCHES OR LESS
DETAIL 150-0
LocatIon of d,..ums ImmedIately .
afte'" completIon of heoled sectIon.
spoced ot 50 ft.lntervols.
TOP OF DRUM TO BE LEVEL
2 ft. +/-
----------~~..
-----------\
+
TRAVEL LANE
~
t
NEW CONSTRUCTION
~
HEALED SECTION
DET AIL 150-E
TC -19
DEP ARThiENT OF TRANSPORTATION
STATE OF GEORGIA
150.07 FLAGGING AND PILOT CARS:
A. Flaggersshall be provided as required to handle traffic, as specified in the Pla.ns'or Special Provisions,
and as required by the Engineer.
B. .6Jl flaggers shall meet the requirements of the MUTCD and must have 1eceived training and a
certificate upon completion of the training from a Department approved training program. Failure
to provide certified flaggers as required above shall he reason for the Engineer suspending work
involving the flaggerCs) until the Contractor provides the certified flagger(s).
C. Flaggers shall wear high-visibility clothing in compliance with the MUTCD and shall use a S.topiSlow
paddle meeting the requirements of the MUTCD for controlling traffic. The S~p/Slow paddles shall
have a shaftlength of seven (7) feet minimum. In addition to the Stop/Slow pddle, 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 lIleet the requirements
of the MUTCD.
E. Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with
the MUTeD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of
the presence of the flagger 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.ofpedestrians and traffic through and around the temporary
traffic control zone, while minimizing confusion and disruption to traffic flow, shall have priority over all
other Contractor activities. Continued failure of the Contractor to comply with the requirements of Section
150 CTRAFFIC 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 shallbe in addition to
the deductions for non.-performance of traffic control.
TC-20
TC -21
.LJ~r AKTMbNT Ul<' TRANSPORT AnON
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 I
From More Than To and Includine: Daily Chare'e
$0 $100,000 $100
100,000 1,000,000 250
1,000,000 5,000,000 500
5,000,000 20,000,000 750
20,000,000 40,000,000 1,000
40,000,000 - 1,500
150.09 MEASUREMENT:
A. TRAFFIC CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump
Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows:
'\Vhen the first Construction Report is submitted, a payment of 25 Ctwenty.five) percent of the
Lump Sum price will be made. For each prOgTess payment thereafter, the total of the Project
percent complete shown on the last pay stat8ment plus 25 Ctwenty-five) percent will be paid Oess
previous payments), not to exceed one hundred (100) percent and subject to normal retainage.
When no payment item for Traffic Control.Lump Sum is shown in the Proposal, all of the
requirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of
complying with these requirements will not be paidfor separately, but shall be included in the overall
bid submittal.
B. SIGNS: When shown as a pay item in the contract, interim special guide signs will be paid for as
li.,-ted below. All other regulatory, warning, and guide signs, as required by the Contract, will be paid
for under Traffic Control Lump Sum or included in the overall bid submitted.
1. Interim gTound mounted or interim overhead special guide signs will be measured for paYment
by the square foot. This p~yment shall be full compensation for furnishing the signs, including
supports as required, erecting, illUminating overhead signs, maintaining, removing, re-erecting,
and final removal from the Project. Payment will be made only one time regardless of the number
of moves required.
2. Remove and reset existing special guide signs, ground mount or overhead, complete, in place, will .
be measured for payment per each. Payment will be m3.de only one time regardless of the number
of moves required.
3. Modify special guide signs, gTound 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
includ'e materials, removal from posts or supports when necessary, and remounting as required.
DEPARTMENT OF T.l<.A.ri.,PORTATION .
STATE OF GEORGIA
C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 522.
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured
as specified in Section 632.
E. TEMPORARY GUARDRAlL ANCHORAGE, Type 11: Temporary Guardrail Anchorage. Type 11 win
be measur.ed by each assembly, complete in place and accepted according to the details shown in the
plans, which shall also include the additional guardrail and appurtenances necessary for transition
and connection to Temporary Concrete Barrier. Payment shall include all necessary materials,
equipment, labor, site preparation, maintenance and removal. .
F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation. Temporary will be
measured as specified in Section 647. .
G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies wil1.be measured as specified in
Section 647.
H. TEMPORARY, SAND LOADED A'ITENUATOR MODULES: Each Sand u,aded AttenuatorModule
of the type specified includes all material components, hardware, incidentals, labar, sit.apreparation
and maintenance. Each module will be measured for payment by the drum only once regardless of the
number oflocations installed. Modules to replace those damaged or destroyed by traffic impactwill
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 ATl'ENUATORS: Each Portable Impact Attenuator will be measured by the
unit which shall include all material components, hardware; incidentals, labor, site preparation, and
maintenance, including spare parts recommended by the manufacture for repairing minor accident
damage. Each unit will be measured only once regardless of the number oflocations installed, moves
required, or number of repairs necessary because of traffic damage. Upon completion of the project,
the units shall be removed and retained by the ContractOr:
J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150. .
150.10 PAYMENT:
When shown in the Schedule ofItems in the Proposal, the following itemswUl 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. Tra..fflc Control, Skip Traffic Stripe,,-- Inch, CColor) .............. per Linear Mile
Item No. 150. Traffic Control, Solid Traffic Stripe,
'Thermoplastic Inch, CColor) ........................... 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
._~_ ._. (....................A.....V.L,
STATE OF GEORGIA
Item No. 150. Remove & Reset Existing' Special Guide Signs,
Ground Mount, Complete in Place. .. : . ; .. . . .. .. . . . .. . . . . . . . . .. .. .. per Each
Item No. 150. Remove & Reset, Existing' Special Guide Signs,
. Overhead,Complete in Place ................;.................... Per Each
Item No. 150. Traffic Control, Temporary Sand l:.<ladedAttenuatar Modules .........,.. per Each
. . .~
Item No. 150. Traffic Control, Portable Impact Attenuator . . . . . . . . . . . . . . . . . . . . . . . . . . .. Per Each
Item No. 150. Traffic Control, Pavement Markers, Words and Symbols...... .. . .. perSq'uareFoot
Item No. 150. Traffic Control, Pavement Arrow CPainted) With Raised Reflectors ......... per Each
Item No. 150. Modify Special Guide Sign, Ground Mount. . . . . . . . . . . . . . . . . . . . ... per Square Foot
Item No. 150. Modify Special Guide Sign, Overhead ........................... per Square Foot
Item No. 622, Precast Concrete Median Barrier .. . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . per Linear Foot
Item No. 632. Chang'eable Message Sign, Portable .................................. per Each
Item No. 641 Temporary Guardrail Anchorage, Type 11 ............................. per Each
Item No. 647. Traffic Signal Installation, Temp.. . . .. .. .. .. .. .. . .. .. . .. . .. .. . .. .. . : Lump Sum
Item No. 647. Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . : . . . . . . . . . . .: P.Bk Each
Item No. 647. Flashing' Beacon Assembly, Cable Supported. . : . . . . . . . . . . . . . . .. . . . . . ... per Each
TC -23
oSecoon 1 b /-- Water Quality !v1onitoring
Page I 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 Pennit No. GAR 100002 as it pertains to Part N. Erosion, Sedimentation and
Pollution Control Plan. .
167.1.01 DefinItIons
Qualified Personnel- Qualified personnel are defmed as persons who have successfully completed th.e Department's WECS
Certification Course and maintain a current WECS certification card.
167.1.02 Reiated References
A. Standard Specifications
Section 16J-Control ofSoi! Erosion and Sedimentation
B. Referenced Documents
NPDES Infrastructure Permit No. GAR 100002, Part IV
WECS Certification Course
Environmental Protection Divisions Rules and Regulations CChapter 391.3.26)
OCGA 12-7
167.1.03 Submittals
General Provisions 101 through150
167.2 Materials
General Provisions 101 thr~ugh 150:
167.2.01 Delivery, Storage, and Handling
General Provisions 10 I through 1 50~
167.3 Construction Requirements
167.3.01 Perso!1nel
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 CQCL) to perfonn
water quality monitoring:
Ensure that monitoring consultants' employees who perform monitoring, sampling, inspections, and rainfall data collection
are WECS Certified.
167.3.02 Equipment
Provide equipment necessary to complete the Work Elr as directed.
167.3.03 Preparation
General Provisions 101 through 150.
167.3.04 Fabrication
va-I
~:~.:.,
, 1 1 rl 1 r,.., 1. .L...1
'1/">" 1'1^f\ A
.:.;.to"
W@J-2
General Provisions 101 through 150.
167.3.05 Construction
A. General
Perfonn inspections, rainfall data collection, testing of samples; and reporting the test results on the project according to
the requirements in Part IV of the NPD ES Infrastructure pennit and this Specification.
Take samples manually or with the use of automatic samplers, according to the pennit. Analyze all according to the
permit, regardless of the method used to collect the samples.
If samples. are analyzed in the field using portable turbidemeters, the monitoring results shall state that they are being
used and a digital readout ofNTUs is what is provided. .
Submit bench sheets, work sheets, etc., when using portable turbidemeters. There are no exceptions to this' requirement.
Perfonn required inspections and submit all reports required by this Specification within the time frames specified. .
Failure to perfonn 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 l61.5.01.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 perfonned 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 WBCS 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 C13 mm) or greater:
a. Disturbed areas not permanently stabilized
b. . Material storage areas
c. Structural controlmeasures, Best Management Practices (BMPs)
d. Water quality monitoring locations and equipment
3. Monthly:
Once per mcinth, inspect all areas where fmal stabilization has'beencompleted. Look for evidence of sediments or
pollutants entering the drainage system and or receiving waters. Inspect all erosion control devices that reIJ;lain in
place to verify the maintenance status and that the devices are functioning properly.
Continue these inspections until the Notice ofTennination is submitted.
C. Reports:
1. Inspection Reports:
Summarize the results of inspections noted above in writing on fonn DOT-EC-I. Include the following
infonnation:
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 WBCS.
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
_..~-_...._.-.......-.._~_........--;..._...:-':;;-........_..._-;.....;.__d___.____~-.---_,_.__.__;;;;---_;__;;:;.__:.--;.---.~----~._---..._--._.----..-..---..--.-.--~-I-;,-;:;.~O';:..;:....'J---......--_.
l:leCLlUH LV 1-- YY a.LCr I.,(Wa.ilLY LY.LULlHUUHl:>
- -0 - .. ... - .
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 tj;J.at require routine maintenance or correction within twenty-four
hours of notification.
Assume responsibility for all costs associated with additional sampling as specified inPart ND.5.dJ.(c) and Part
N.D .5.d.3.( d), of the NPDES GAR 100002 pennit if either ofthese 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:
"/ 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 personnelproperly gather and
evaluate the information submitted. Based on my inquiry of the person. or persons who manage the system,
or those persons directly responsible for gathering the information, the information is, to the best of my
knowledge and belief true, accu.rate and complete. J am aware that there are significant penaltieS for
su.bmittingfalse information, including the possibility affine 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 sampl~
6) Project number and county
7) Whether the sample was taken by automatic sampler or manually (grab .sample)
b. Report Requirements with No Qualifying Rainfall Events
When no qualifying rainfall event occurs during item 1 or 2 (whichever coines first): Submit a report that states
"No qualifying rainfall event occurred and no samples were taken."
1) Clearing and Grubbing is complete and 90 days have passed without a qualifying rainfall event occurring
in the drainage area selected as the representative sampling location. . .
2) Clearing and Grubbing is complete and the mass grading has been completed without a qualifying rainfall
event occurring in the drainage area selected as the representative sampling location.. .
Submit this summary to the Engineer within 7 worldng 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 n.otification does not replace the monitoring summary.
3. Rainfall Data Reports
Record the measurement ofrairifall once each twenty-four hour period. Measure rainfall data at the active phase of
construction on the site.
Project rain gauges and. those used to trigger the automatic samplers are to be emptied after every rainfall event. This
will prevent a cumulative effect and prevent automatic samplers from taking samples even though the rainfall event.
was not a qualifying event.
Submit a written weekly report, signed by the wECS, to the Engineer showing .the rainfa.11 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.
W4J-3
,:r./,.......
_n_____ ",___ _._ ___;-;__ ._.u ___. _-::_n-;; _ __._ __ :____,_ _ __.______ __.__
-........... ..............,-...., .,..,.....---.........:,..... C;'7:':":.;:'~':' ~.;:..;;.t~1;;~.,.t: I:;=~-'''C '7.1;:.=1.......--.............................. .....-.."I./'l-('jl1Tf(l7j......................
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167.4 Me.asurement
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 outfall 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 of the NPDES pennit and this Specification, obtaining samples, analyzing samples, any and all necessary
incidentals, and providing results of tUrbidity test3 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.S of the pennit.
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 ofllie
NPDES pennit and this Specification, any and all necessaiy incidentals,. and provi~ing results of inspections to the Engineer,
within the time frame required by the NPDES Infrastructure pennit, and this Specification.
Water Quality inspections will be paid for per month.
Payment will be made under:
11em No:167
ections
Per month
Water Quality Monitoring and Sampling will be paid per each.
Payment will be made under:
Jtem No. 167
167.5.01. Adjustments
General Provisions 101 through 150.
Per each
.______.__.::...._:.____....1____.._.___._._..__._..__.__..._..........._...-____.._.___..
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All consultants prequaIified in
9.02 Rainfall and Runoff Reporting
Phone
City, State ZIP
Company
Address
1885 Lawrenceville-Suwanee
Rd.
Suite 150
13 00 Williams Drive
Suite A
225 Peachtree St., N.E.
Suite 1400 South Towers
. .. (770) 682-
Lawrencevllle, GA 30043 1861
Acer EnvironmentaL Inc.
(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
R.oswell, GA 30076-2129 (770) 990-
1400
(770) 590-
1971
(678) 766-
0911
(912) 384-
0025
(706) 830-
8800
(770) 612-
0609
(770) 424-
7168
1000 Cobb Place Blvd (770) 426-
}eoHydro Engineers Suite 290 Kennesaw, GA 30144 7100
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A TC Group Services d/b/a A TC
Associates. Inc.
Marietta, GA 30066
Atlanta, GA 30303
Ayres Associates
j
I Brewer & Dudley. LLC
Monroe, GA 30655
107 Davis Street
3783 Presidential Parkway
Suite 123
955 Honeysuckle Trail
30C Business Center Drive
4405 International Blvd
Suite B-I0l
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 }llace
Suite 915
ICCR Environmental. Inc.
j
Atlanta,GA 30340
Winder, GA 30680
, Clean Water Consultants. Inc.
t
,
i
! Colurribia Engineering
Norcross, GA 30093
f Construction Materials Services. Inc.
I Contour Engineering. LLC
I
\
. Corporate Environmental Risk
; Management. LLC
!
\Earth Tech.
Kennesaw, GA 30144
Atlanta, GA 30324
iEngineering Consulting Services. LTD
Marietta, GA 30066
, ..
iFocus Development & Engineering. Inc.
Marietta,GA 30067
Fountain Surveying
4136 Old Axson Road
Douglas, GA 31535
2255 Cumberland Parkway, SE
Bldg. 400
1341 Capital Circle
Suite L
G.. Ben Turnipseed Engineers
Atlanta, GA 30339
Marietta, GA 30067 .
3allet & Associates of Georgia Inc.
Marietta, GA 30064
:Jaskins Surveying Company. Inc.
1266 Powder Springs Rd.
(GEC)
Suite D2
3730 Chamblee Tucker Road
Macon, GA 31210-5691 160.6
Atlanta, GA 30341 (770.) 496-
1893
Marietta, GA 30.0.67 (770.) 988-
9555
Macon, GA 3121Q (478) 757-
1169
Atlanta, GA 30339-2933 (770) 952-
1022
Thomson, GA 30824 (70.6) 453-
1913
Norcross, GA 300.71 (678) 333-
0422
Duluth, GA 300.96 (678) 990.-
620.0
Atlanta, GA 3.030.9 . (40.4) 607-
1676
Kennesaw, GA 30144 (770.) 421-
3344
Norcross, GA 30071 (770.) 263-
5945
Kennesaw, GA 30144 (770.) 425-
0777
Golder Associates. Inc.
221 I Newmarket Parkway
Suite 1 0.4
Greenhorne & O'Mara. Inc.
Hofstadter and Associates. Inc.
4571 Arkwright Road
6445 Powers Ferry Road
Suite 1 Go.
934 Shields Pond Road
J. B. Trimble. Inc.
John A. McGilL P.C.
Jordan. Jones & Goulding. Inc.
680.1 Governors Lake Pkwy.
3235 Satellite .Boulevard
. Build 40.0, Suite 104
1720. Peachtree Street, N\V
Suite 10.48
320.0. Town Point Drive
Suite 1 DO.
2211 Beaver Ruin Road
Suite 190.
. .
. . 3640. Kennesaw North Industrial
Parkway
Suite E.
5665 New Northside Drive
Suite 400. .
KCI Technologies. Inc.
Kisinger Campo & Associates. Corp.
MACTEC Engineering and Consulting,
Inc..
Moreland AltobeIIi Associates. Inc.
NOVA Engineering and Environmental.
J Inc.
t,-
!
(770.)933-
0280.
(404) 255-
2650.
(770.) 752-
. 9205
(770.) 962-
80.00.
(678) 566-
3578
(770) 424- .
6200
(770) 476"
3555
(229) 382-
0.009
(770) 427-
. 8123
Gainesville, GA 30.501 (770) 718-
060.0
:.osser Civil Engineering (Division Of (404) 876-
( 524 West Peachtree Street, NW Atlanta, GA 30308-3512
Cosser IntI. Inc.) . 380.0
&ME 5555 Oakbro.ok Parkway. (770) 209-
. Inc. Suite 460. Norcross, GA3D093 9550
!Q :/lffi1lw.dOLslate.ga.usI<:lQtlPt"c<)l1BlruoliOnlCOn&ak"'t4esignlbYel=1Ige2,htm~~W&C.:::.Z~.-rlJ/2lJ/2U~3. .
PBS&J. Inc.
Atlanta, GA 30.328
j .
! Peoples & Quigley. Inc.
60.59 Boylston Drive
Atlanta, GA 30.328
I .
I Piedmont Geotechnical Consultants. Inc.
P.O.Box 1997
Roswell, GA 30.0.77
LawrencevilIe, GA
30.0.46-2210
! Precision Planning:. Inc. .
I
I
Professi<mal Engineering Consultants. Inc.
I
lProfessional Service Industries, Inc.
40.0. Pike Blvd.
1260.0. Deerfield Parkway
Suite 100.
95 Chastain Road
Suite 30.1
Alpharetta, GA 300.04
Kennesaw; GA 30.144
I~ORE Property Sciences
,
,
Duluth, GA 30.0.97
11420. Jo1ms CreekParkway
i:<.ak:estraw & Associates. Inc.
!
83 Ty Ty Omega Road
Tifton, GA 31793
1);-
.....Ludt McDuff Associates. Inc.
334 Cherokee Street
Marietta, GA 30.060
i
~ochester & Associates. Inc.
425 Oak Street, NW.