HomeMy WebLinkAboutCBH CONSTRUCTION GOOD NEWS CHURCH
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CONTRACT DOCUMENTS
FOR
STORM PIPE REPLACEMENT
GOOD NEWS CHURCH
PROJECT NUMBER:
322-04 -206822001
Abie L. Ladson, PE, Director
Engineering Department
Invitation To Bid
Sealed bids will be received at this office until 11 :00 a.m. Friday, February 29, 2008.
Bid Item #08-054
Storm Pipe Replacement-Good News Church for Augusta
Engineering Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 30901
706-821-2422
Bid documents may be examined at the office of the Augusta, GA Procurement Department, 530 Greene Street
- Room 605, Augusta, GA 30911. Plans and specifications for the project can be made available upon
request to Digital Blue Print. The fees for the plans and specifications which are non-refundable is
$25.00
Documents may also be examined during regular business hours at the Augusta Builders Exchange, 1262
Merry Street, Augusta, GA 30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta, GA 30901. It is
the wish of the Owner that all businesses are given the opportunity to submit on this project. To facilitate this
policy, the Owner is providing the opportunity to view plans online (www.die:blueprint.com) at no charge
through Digital Blueprint (706-821-0405) beginning Thursday, January 24,2008. 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 ofthe project. Bidders are cautioned that sequestration of documents through any other source is
not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving
incomplete or inaccurate information upon which to base his qualifications.
A Mandatory Pre-Bid Conference will be held on Friday, February 15,2008 @ 10:00 a.m. in Room 605
of the Procurement Department. All questions must be submitted in writing to the office of the
Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be
received by mail or hand delivered. The last day to submit questions is Tuesday, February 19,2008 by
3:00 p.m.
No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10%
Bid bond is required to be submitted in a separate envelope so marked along with the bidders'
qualifications; a 100% performance bond and a 100% payment bond will be required for award.
Bidders will please note that the number of copies requested; all supporting documents including financial
statements and references and such other attachments that may be required by the bid are material conditions of
the package. Any package found incomplete or submitted late shall be rejected by the Procurement Office.
Any bidder allegedly contending that he/she has been improperly disqualified from bidding due to an
incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta
Commission. Please mark Bid number on the outside of the envelope.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle
Metro Courier
January 24,31, February 7,14,2008
January 30, 2008
cc:
Tameka Allen
Abie Ladson
Tony Williams
Interim Deputy Administrator
Engineering Department
Engineering Department
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A
CONFLICT OF INTEREST:
It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement
contract when the employee or official knows that:
(a) the employee or official or any member of the employee's or official's immediate family has a
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 fmancial interest is authorized as per O.C.G.A. 36-1-14, orthe
procurement contract is awarded pursuant to O.C.G.A. 45-10-22 and 45-10-24, or the transaction
is excepted from said restrictions by O.C.G.A. 45-10-25;
(b) Any other person, business, or organization with whom the employee or official of any member
of an employee's or officials immediate family is negotiating or has an arrangement 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 fmancial
interest. /
I, (vendm) {l/k $I;(f/"," <.I /~ Z J {'0AI5tRUC7i PAi have ,eoo and unde",..nd the information
eonwned m the bid ",eoifieati/1
Vendor Name: L},tf/ / {!tJ/JSlt2 U{;.iit?N
Address: 6178 ;/6(-6-1(35 !4pU? OIl.
City & State: j}fJIUIl/6- } Ctj 3t? f30z
PhO~: (/0") /533 ",?32..r- Fax # 06~) 30 7 - q q 7 ~ )
Signature, {~,r:%Ii~ Dat" 02j2qf'i .
Bid Item Number and Name: -1/ 0'$ - 05'1 c5m;2/V1 PIPE t2ePt.AtJG - f!.oOf;>NlaJ5 ()1/rt-~c.l1
THIS FORM MUST BE SUBMITTED WITH BID PACKAGE. NO EXCEPTION(S) WILL BE GRANTED
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TO:
All Bidders
Phyllis Mills, Quality Assurance Analyst
Abie Ladson, Engineering
Geri Sams.
Procurement Director
DATE: February 22, 2007
SUBJ: Questions and Answers Received from Vendors
BID ITEM: 08-054 Storm Pipe Replacement - Good News Church
NEW OPENING: Tuesday, March 4th at 11 :00 A.M.
ADDENDUM NO.1
The opening date for Bid #08-054 - Storm Pipe Replacement - Good News Church has been
changed:
FROM: Friday, February 29, 2008 @ 11 :00 a.m.
TO: Tuesday, March 4, 2008 @ 11:00 a.m.
Please replace tbe yellow Georgia Security and Immigration forms in your initial package with the
blue Georgia SeCurity and Immigration forms that are Included with this addendum being mailed
certified retum receipt.
1. (Q) Plans show junction boxes 2 ea. Bid schedule has 668-4300 storm manholes 2 ea. Which
one do we bid on?
(R) Junction boxes - 2 ea pay item # 668-5000
2. (Q) Where is Bid Item 668-1100? Catch Basin GP 1?
(R) Is the existing WEIR INLET we are tying into.
3. (Q) Is the county going to give us the amount to add to bid for the Force Account Bid Item?
(R) Yes the amount is $10,000.00
4. (Q) Will there be a lump sum construction bid item added to the Bid Schedule?
(R) No
5. (Q) Will the asphalt patch require 8- concrete patch as shown on the detail or will be able to use
GABC in lieu of concrete?
(R) Yes 8" GABC.
6. (Q) Since GADOT is going to install items from Junction Box #2 will we still have to regrade the
area per new contours as shown on the plans and do we install the rip-rap?
(R) No, DOT will regrade right-of-way I no rip-rap ,
1. (Q) Do you have an allowance for pay items 001-1000, Force Account? What is the amount?
(R) Yes, $10,000.00
2. (Q) I understand this project begins at JB#2 which will be installed by others, is this correct?
(R) No, junction box #2 will be installed by the contractor.
3. (Q) Is the County's Landfill prepared to receive the demo material from this project at a reduced
rate?
(R) No, the contractor is responsible for the disposition of materials. The site chosen for
disposition must be an approved inert Landfill or the County's Landfill. Contractor must
also disclose to Engineering the location(s) of disposition of materials.
FROM:
Please acknowledge addendum in your submittal.
END ADDENDUM
Room 605 - 530 Greene Street, Augusta Georgia 30911
(706) 821-2422 - Fax (706) 821-2811
www.augustaga.gov
Register at www.demandstar.com/suoolier for automatic bid notification
ADDENDUM 1 08-054
Page 1 of 1
SECTION IB
INSTRUCTION TO BIDDERS
IB-O 1
GENERAL
All proposals must be presented in a sealed envelope, addressed to the
Owner. The proposal must be filed with the Owner on or before the time stated in the
invitation for bids. Mailed proposals will be treated in every respect as though filed in
person and will be subject to the same requirements.
Proposals received subsequent to the time stated. will be returned
unopened. Prior to the time stated any proposal may be withdrawn at the discretion of
the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids
have been opened, pending the execution of contract with the successful bidder.
IB-02
EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy himself as to the nature
and location of the work, the conformation of the ground, the character, quality and
quantity of the facilities needed preliminary to and during the prosecution of the work,
the general and local conditions, and all other matters which can in any way affect the
work or the cost thereof under the contract. No oral agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of the
contract, shall affect or modify any of the terms or obligations therein.
IB-03
ADDENDA AND INTERPRET A TIONS
No interpretation of the meaning of plans, specifications or other prebid
documents will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to the
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-l
Engineering Department
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IB-04
PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the
bidder or his authorized representative. Any corrections to entries made on bid forms
should be initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid forms, unless
specific directions in the advertisement, on the bid form, or in the special specifications
allow for partial bids. Failure to quote on all items may disqualify the bid. When
quotations on all items are not required, bidders shall insert the words "no bid" where
appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already
submitted will be allowed if submitted by telegraph prior to the time fixed in the
Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the
total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all
owners. Bids of corporations will be signed by an officer of the firm and his signature
attested by the secretary thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-05
BASIS OF A WARD
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-2
Engineering Department
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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 ifthe evidence submitted by the bidder or investigation
of him fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations of the contract- and to complete the work contemplated therein. Part of the
evidence required above shall consist of a list of the names and addresses of not less than
five (5) firms or corporations for which the bidder has done similar work.
IB-07
PERFORMANCE BOND
At the time of entering into the contract, the Contractor shall give bond to
the owner for the use of the owner and all persons doing work or furnishing skill, tools,
machinery or materials under or for the purpose of such contract, conditional for the
payment as they become due, of all just claims for such work, tools, machinery, skill and
terms, for saving the owner harmless from all cost and charges that may accrue on
account of the owner performing the work specified, and for compliance with the laws
pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the
owner and authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof, a
certified and effectively dated copy of the power of attorney.
IB-08
REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as
soon as practicable, provided satisfactory bids are received. The right is reserved,
however to waive any informalities in bidding, to reject any and all proposals, or to
accept a bid other than the lowest submitted if such action is deemed to be in the best
interest of the Owner.
IB-3
Engineering Department
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GEORGIA PROMPT PAY ACT
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, O.C.G.A. Section 13-11-1, et seq. In the event any provision of this
Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this
Agreement shall control.
All claims, disputes and other matters in question between the Owner and the Contractor arising
out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court
of Richmond Count, Georgia. The Contractor, by executing this Agreement, specifically
consents to venue in Richmond County and waives any right to contest the venue in the Superior
Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall
be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor
specifically waives any claim to same.
NOTICE
All references in this document, which includes all papers, writings, drawings, plans or
photographs to be used in connection with this document, to "Richmond County Board of
Commissioners" shall be deemed to mean "Augusta Richmond County Commission-Council and
all references to "Chairman" shall be deemed to mean "Mayor".
DISPOSALS
Prior to any material from this project being wasted or otherwise disposed of outside the project
limits the Contractor shall furnish the Engineer a copy of written permission, signed by the
property owner (or his authorized agent) describing the estimated amount and type of material to
be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other
such materials are to be wasted on the property, a copy of the owner's inert landfill permit,
issued by the Environmental Protection Division shall be furnished to the Engineer prior to any
such waste being removed from the project.
In all cases, regardless of the material being wasted, a grading permit issued by Augusta
Richmond County must be furnished to the Engineer.
PP A-I
Engineering Department
Storm Pipe Replacement Good News Church
STORM PIPE REPLACEMENT
GOOD NEWS CHURCH
PROJECT NUMBER: 322-04-206822001
SPECIAL CONDITIONS
SCOPE:
This project proposes to replace 424 feet of corrugated metal pipe with reinforced concrete pipe.
TERMINI AND LENGTH:
(See plans)
NOTE:
Applications for all permits have been filed with Georgia Department of Transportation. In the
event no permits have been issued, the Contractor shall schedule the work so that the
construction in the permitted areas can be done in conjunction with the work adjacent to the
permitted areas.
INCIDENTAL CONSTRUCTION ITEMS:
All work and materials without a specific pay item shall be considered incidental. To related pay
items, but is not limited to, all removal and disposals, borrow if needed, remove and reset fences,
remove and reset ornamental shrubs, bushes and sod, and the obtaining, maintaining and
restoration of any required borrow and/or waste pits.
DRIVEWAYS:
All driveways shall be in conformance with GDOT standards.
TYPICAL SECTIONS:
Refer to signed Final Construction Plans.
SP 1- 1
SECTION A
AGREEMENT
THIS AGREEMENT, made on the q-rl~ay of ) '-< ~.e
, 200Y by and between the
City of Aue:usta
party of the first part, hereinafter called the OWNER, and (,PJl-\- u..i'nC-hu.c..t" U1 LL(
party ofthe 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:
STORM PIPE REPLACEMENT - GOOD NEWS CHURCH
PROJECT NUMBER: 322-04-206822001
And in accordance with the requirements and provisions of the Contract Documents as defined in
the General and Special Conditions hereto attached, which are hereby made a part of this
agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES:
The work to be performed under this Contract shall be commenced within 10 calendar days after
the date of written notice by the Owner to the Contractor to proceed. All work shall be
completed within 30 calendar days with such extensions of time as are provided for in the
General Conditions.
It is hereby understood and mutually agreed, by and between the contractor and the Owner, that
the date of beginning, rate of progress and the time for completion of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work
shall be executed regularly, diligently, and uninterruptedly at such rate of progress as will insure
full completion thereof within the time specified. It is expressly understood and agreed by and
between the Contractor and the Owner, that the time for completion of the work described herein
is a reasonable time for completion of the same, taking into consideration the average climatic
range and construction conditions prevailing in this locality.
A-I
ONCE MOBILIZED, THE CONTRACTOR SHALL NOT STOP MAJOR
CONSTRUCTION ACTIVITIES FOR MORE THAN 14 DAYS, UNLESS APPROVED
BY THE AUGUST A-RICHMOND COUNTY ENGINEERING DEPARTMENT. IN THE
EVENT THAT UNAPPROVED MAJOR CONSTRUCTION ACTIVITIES ARE CEASED
FOR MORE THAN 14 DAYS, A TOTAL OF FIVE HUNDRED DOLLARS ($500.00)
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
FIVE HUNDRED DOLLARS ($500.00) not as a penalty, but as liquidated damages for such
breach of contract as hereinafter set forth, for each and every calendar day that the contractor
shall be in default after the time stipulated in the Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the Owner because
of the impracticability and extreme difficulty of fixing and ascertaining the. actual damages the
Owner would, in such event, sustain, and said amounts shall be retained from time to time by the
Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this Contract and the
specifications wherein a definite portion and certain length of time is fixed for the additional
time is allowed for the completion of a work, the new time limit fixed by extension shall be the
essence of this contract.
ARTICLE III - PAYMENT:
(a) The Contract Sum
The owner shall pay to the Contractor for the performance of the contract the amount as
stated in the Proposal and Schedule of Items. No variations shall be made in the amount
except as set forth in the specifications attached hereto.
(b) Progress Payment
No later than the fifth day of every month, the Contractor shall submit to the Owner's
Engineer, an estimate covering the percentage of the total amount of the contract which has
been completed from the start of the job up to and including the last working day of the
proceeding month, together with such supporting evidence as may be required by the Owner
and/or the Engineer. This estimate shall include only the quantities in place and at the unit
prices as set forth in the Bid Schedule.
On the vendor run, following approval of the invoice for payment, the owner shall after
deducting previous payments made, pay to the Contractor 90% of the amount of the estimate
on units accepted in place. The 10% retained percentage may be held by the Owner until the
final completion and acceptance of all work under the Contract.
A -2
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT:
(a) Upon receipt of written notice that the work is ready for final inspection
acceptance, the Engineer shall within 10 days, make such inspection and when he
finds the work acceptable under the contract and the contract fully performed, he
will promptly issue a final certificate, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under
the terms and conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to the Contractor by
the owner within 15 days after the date of said final certificate.
(b) Before final payment is due, the Contractor shall submit evidence satisfactory to
the Engineer that all payrolls, material bills, and other indebtedness connected
with work have been paid, except that in case of disputed indebtedness of liens of
evidence of payment of all such disputed amounts when adjudicated in cases
where such payment has not already been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver of all
claims by the Owner, other than those arising from unsettled liens, from faulty
work appearing within 12 months after final payment, from requirements of the
specifications, or from manufacturer's guarantees. It shall also constitute a
waiver of all claims by the contractor except those previously made and still
unsettled.
(d) If after the work has been substantially completed, full completion thereof is
materially delayed through no fault of the Contractor, and the Engineer, so
certifies, the Owner shall upon certification of the Engineer, and without
terminating the contract, make payment of the balance due for that portion of the
work fully completed and accepted.
(e) Notwithstanding any provision of the General Conditions, there shall be no
substitution of materials or change in means, methods, techniques, sequences or
procedures of construction that are not determined to be equivalent to those
indicated or required in the Contract Document, without an Amendment to the
Contract.
Each payment shall be made under the terms and conditions governing final
payment, except that it shall not constitute a waiver of claims.
A - 3
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: ULJ-xf. f
By:
Title: Dw V'\{,.V'
Address: ~ 1~~ (j tid4LO r-
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A - 4
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Western Surety Company
PERFORMANCE BOND
Bond Nr70525391
KNet\' ALL MEN BY THESE PRESENTS:
That we, CBH Construction. LLC (Contractor), as Principal) and WESTERN SURETY COMPANY) of
1 Sioux Falls, South Dakota, as Surety, are held and firmly bound unto Augusta-Richmond County Commission. Engineering
Dept.. 505 Telfair Street. Augusta. GA 30901 (Owner), as Obligee, in the penal sum of Sixtv one thousand. seventy nine and
no/lOO DOLLARS ($ 61.079.00), lawful money of the United States of America, for the payment of which, well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally) firmly by these
presents.
WHEREAS, said Contractor, Principal herein, has, by written agreement dated June 4th, 2008, entered into a contract
with owner for Storm Pipe Replacement at Good News Baptist Church. Augusta. GA Proiect Number 322-04-206822001
in accordance with drawings and specifications prepared by N/A
which contract is by reference made a part hereof, and is hereafter referred to as the "Contract."
NOW) THEREFORE, a condition of this obligation is such that, if the contractor shall faithfully perform work
contracted to be performed and comply with all provisions of the Contract) then this obligation shall be void; otherwise to remain
in full force and effect. The total amount of the Surety's liability under this bond shall in no event exceed the penal sum hereof.
No right of action or recovery shall accrue hereunder to or for the use of any person or entity other than the Owner
named herein, its heirs, executors, administrators or successors.
Provided) however, as to the Owner, the right of recovery shall be upon the following expressed conditions, the
performance of which shall be a condition precedent:
First: That in the event of any default on the part of the Principal, written notice thereof shall be delivered to the Surety
as promptly as possible, and in any event within ten (10) days after the Owner shall become aware of such defaults, no further
payments shall be made under the said Contract without the written consent of Surety. If the Principal shall abandon said
Contract of be compelled by the Owner to cease operations thereunder, then Surety shall have the option to proceed or procure
others to proceed with the performance of such Contract, and all reserves, deferred payments) and other monies provided by said
Contract to be paid to the Principal shall be paid to the Surety, at the same time and under the same conditions as by the terms of
said Contract such monies would have been paid to the Principal had the Contract been performed by the Principal. The Surety
shall be entitled to all such payments and monies in preferences to any assignee of the Principal or any adverse claimant; but if
the Owner shall complete or re-let the Contract) all reserves, deferred payments or other monies remaining after payment for
such completion shall be paid to the Surety or applied as the Surety may direct toward the settlement of any obligation or liability
incurred hereunder.
Second: That the Owner shall faithfully perform al of the terms, covenants and conditions of said Contract on the part
of the Owner contracted to be performed. In no event shall payment or payments to the Contractor for Owner be in an amount
greater than ninety percent (90%) of the value of the work performed by Contractor to the date of such payment. Owner shall
retain the remaining ten percent (10%) of all payments and all reserves or deferred payments for a period of thirty (30) days after
completion and acceptance of the total project by the Owner, or a period to correspond to the applicable lien period in which
notices of claims or claims of lien by persons performing work or furnishing materials may be files, or until all such claims have
been paid, unless the Surety shall consent in writing to the payment of said final payment, reserve or deferred payments.
Third: That the Surety shall not be liable for any damages resulting from strikes, labor difficulties, or from mobs, riots,
civil commotion, public enemy, fire, the elements, shifting of elements, acts of God or defects or faults in the plans or
specifications referred to in said Contract or for repairs or reconstruction of any work or materials damaged or destroyed by any
of said causes; or for damages arising out of injuries to persons or property of for the death of any person or persons, or by virtue
of any statutory provision for damages or compensation for injury to or the death of any employee; or for the infringement or
validity of any patent; or for the efficiency or wearing qualities of any work done or materials furnished or the maintenance
therefor repairs thereto; or for the furnishing of any bond or obligation other than this instrument.
Fourth: that no suit, action or preceding by the Owner to recover on this bond shall be sustained unless the same be
commenced within twenty-five (25) months from the date upon which the Owner gave Surety written notice if defaults as
provided herein.
Fifth: That the Surety is obligated only to the dollar amount shown on the face of this bond. If any additions or
alterations ofthe original Contract upon which this bond was issued occur, increasing or altering the contract price, the Surety is
obligated only to the proportional amount that the original Contract bears to the altered contract price, unless expressly waived by
the Surety in writing.
SIGNED, sealed and dated this 4th day of June) 2008.
Title:
President
By:
Western Surety Company
~r-P~
George Jeffrey Palmer
(Attorney-in-F act)
Western Surety Company
Bond No. 70525391
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: That CBH Construction, LLC, Principal, and
WESTERN SURETY COMPANY, 101 S. Phillips Ave., Sioux Falls, SD 57014, Surety, are fIrmly held and fIrmly
bound unto Augusta-Richmond County Commission, Engineering Dept.. 505 Telfair Street, Augusta. GA 30901,
Obligee, in the sum of Sixty one thousand, seventy nine and noll00 Dollars ($ 61,079.00), for payment of which we
bind ourselves, our legal representatives, successors and assigns, jointly and severally, fIrmly by these presents.
WHEREAS, Principal has entered into a contract with Obligee, dated June 4th, 2008 for Storm Pipe Replacement at
Good News Baptist Church, Augusta, GA Proiect Number 322-04-206822001 , copy of which contract is by
reference made a part hereof.
NOW, THEREFORE, if Principal shall promptly make payment to all persons supplying labor and material
incorporated in the prosecution of the work provided for in said contract, then this obligation shall be void,
otherwise to remain in full force and effect.
PROVIDED HOWEVER, that the Obligee having required the said Principal to furnish this bond in accordance
with any applicable statutes, all rights and remedies shall inure solely to the statutory benefIciaries in accordance
with the provisions, conditions, and limitations of said applicable statutes to the same extent as if they were copied
at length herein.
SIGNED, SEALED AND DATED this 4th day of June, 2008.
Bya;;;A:L
By:
Western Surety Company
~t?,A
Geor e Jeffre Palmer
(Attorney-in-Fact)
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
J Richard Blanchard, Gerald A Armstrong, Jeffrey M Barrett, Francis P Meehan, George
Jeffery Palmer, Individually
of Augusta, GA, 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 16th day of January, 2008.
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WESTERN SURETY COMPANY
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.... ..... . . ... Paul . Bruflat; SeDlorVlce PreSident
State of South Dakota
County of Minnehaha
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On this 16th day of January, 2008, 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.
November 30, 2012
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My commission expires
CERTIFICATE
I, 1. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 4 th day of J u n e 2 00 8
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WESTERN SURETY COMPANY
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. < TNelson, Assistant Secretary
Form F4280-09-06
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
o
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
ofthe Company.
Section 7. All bonds, policies, undertakings) Powers of Attorney) or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shaIl have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds) policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seaI may be printed by facsimile.
GENERAL CONDIITIONS
INDEX TO GENERAL CONDITIONS
Anicle or Paragraph.
Numba
Acceptance ofInsurance ......................... ....5.13
Access to the Wark .................................. 13.2
Addenda-deJinition of (see definition of
S pecitic3tjonS) ..................................,..... 1
Asreemenc-definition of ......... .......... ............. I
All Risk Ins'ul"J.nce .....................................5.6
Amendment. Wrinen ............................. l. 3.1.1
Application for Paymenc-det1nition of .................. 1
Appfication for Payment. Final ....... ..,............. 14.12
Application for Progress Payment .................... 14.2
Application for Progress Paymenc-{eview of .... 14.4-14.7
Arbitration ......,....................................... 16
Authorized Variation in Work: ......................... 9.5
A vaijability of Lands...... .. ...... .. ... ............... 4.1
Award. Notice of--detined .............................. 1
Before Starting Construction ...................... 2.5.2. i
Bid--<iennicion of ... ...... .......... ........... .... ..... I
Bonds and Insurance_in general ,....................... 5
Bonds--dennition of. '" .... ... ..... .. , '" . . .... '" ...... 1
.Bonds. Delivery of .............................._. 2.1,5.1
Bonds. Performance and Other.................... 5.1-5.1
Cash Allowances ..................................... 11.8
Change Order-:ierinition of .. : . . .. .. . .. . . .. .. .. . . .. . . . .. [
Chan ge Orders-to be executed ...................... 10.4
Changes in the Work ..:................................ 10
Claims. Waiver of-on Final Payment ............... 14.16
Clarifications and Incerprecations ................,..... 9.4
Cleaning ...,....,......................,.,........... 6.1 i
Compietian .. . . . . , . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. 14
Completion. Suostantial ......................... 14.8.14.9
Conference. Preconstrl.1ction ......................... .2.8
Conllic:. Error. Discrepancy-CiJntractor
to Re pOrt. . . . . . . . . . . . . . . . .. .. . . . . . . .. " . . . . . . . ; .2.5. 3.j
Construction Machinery. EquiprneiH. etc. ............. 6A
'Concinuing Work ..................................... 6.19
Contract Documents---amending and
SUpplementing .....,...... ....................... 3.4-3.5
Contract Documencs-..Jelinition of ...................... J
Contract Documents-Intent...................... J.l~.i.J
Contract Documenrs--Reuse of .............. ......... 3.6
Concract Price. Change of .............................. 11
Contract Price-Je/inition ,.............................. I
Concract Time. Change of ,................... ....;.. '" 11
COntract Time. Commencemencof .................... :.3
Contract TIme-:ieJinition of ......,..................... I
Contractor-derinition of ................ '" ... .. " .... .. I
Contmctor May Stop Work or Terminate............. 15.5
Contractor's Continuing Obligation...... ... ......... 14.15
ConrT'3ctor's Duty to Repon Di3crepancy
in DOcuments .................................. ::.5. 3.:;
Concl1lctor's Fee-Cost Plus ... 11.4.5.6. 11.5.1. r 1.6-11.7
COntractor's Li:lb ility Insurance ....................... 5.3
Contractor's Responsibi/ities-in general ................ 6
Concnctor's Warranty of Title ................ ........ 14.3
Contractors.--<Jther .......... ....... ,........... ..... ....7
Concnctual Liability Insurance ......... ...............5.4
Coordinating Concracror-delinition of ....,........... 7.4
Coordination ............ .... ............. .... ......... 7.4
Copies of Documents ................... ............... 1.~
Correction or Removal of Defective Work..... ...... 13.1 J
Correction Period. One Year ........................ 13.12
Correction. Removal or Acceptance of Defective
Worle-in general ........................... 13.1J-13.14
Cost-net decr~e ............ .... . ... :...... ...:... 11.6.1
Cost of Work.. .......... ...... ... . ...... .... .'. .. 11.4-11.5
Costs: Supplemental................................ 11.4.5
Day~eiinitjon of . . . .. . . . . . .. . .. . . .. . . , . .... ., . . .. " . . " J
Dtftcrivt~e/inition of ................................. I
Dtfl!crivl! Work. Acceptance of...:.. .... .... .;, ..... 13.13
Dl!fecrivr Work. Correction or Removal of .......... /3.11'
Dl!fl!crive Work-ingeneral ............... 13. J4.", 14.11
Defl!crivt Worle:. Rejecting........,.... ................ 9.6
Definitions .............................................. I
Delivery of Bonds ...................................... 2.1
DefeMination for Unit Prices ,....................... 9.10
Disputes. Decisions by Engineer.......... ,...... 9.11-9.11
Documents. Copies ot .... " .. . . . . . . . . " . . " . . . . . ... , .. 1.2
Documents. Record ............... ....... ,........... 6.19
Documents. Reuse ....................................3.6
Dra wings--de/inition of .......... ~ . . . . . . . .. ... . . . . . ... .. 1
Easements ..................,.........,............... 4.1
Effective date of Agreement-definition of..... . ...... ... 1
Emergencies ...... .... .... . ........... .., . ...... ... . '" 6.:.:!
Engineer~e/inition of ... . . . .. . .. . .. .. .. .. .. . . .. . , . . . ... I
Engineer's Decisions............ ................. 9.10-9.12
Engineer's-Notice Worle is Acceptable... ...,...... 14.1J
Engineer's Recommendation of PaymerJt ...... 14,4. 14.1 J
Engineer's Responsibilities. -Limitations
on ................. 6.6,9.11,9.13-9.16,18.2
Engineer's Status During Conscruction--in general ...... 9
Equipment. ubor. Materials and.... " ....... ... :. 6.3.6.6
Equivalent Materials and Equipmenc .................. 6."
E.~plorations ot physical conditions.. .. " . , ..... ...... 4,2
Fee. Comracwr's-('oscs Plus......... .. ....... ...... 11.6
Field Order-definition of ............................... I,
Field Order-issued by Engineer .......,........ J.5. I. 9,5
Final Application for Payment.................. ..... 14.12
Final Inspection ..................................... 14.11
Final Payment and Acceptance ........ _.... ...... ... J 4. !J
Final Payment. Recommendlltion of ... ......... /4.1 J.14.14
General Provisions ..................... ......... 17.J-ri.4
General Requirement$-odeJinition of.. .. .. ,. .... " ....... I
Genernl Requiremenrs-principal
references (0 .,............... 2.6. 4.4. 6.4. 6.b-<i. 7.6..23
~
Giving Notice ........................................ 17.1
Guarantee of Work-by Contractor................... 13. I
Indemnification......... .. .................. {j.30-6.J2,7.5
Inspection, Final .................................... 14.11
Illspection, Tests and ..... _..... ..... ... ......:.. ..... 13.3
Insurance, Bonds and-in general ........ ...... .. ........ 5
Insurance. Certificates of ................ ........... 2.7, 5
Insurance-<:ompleted operations. . . . . . . . . . .. " . . .. . . .. 5.3
Insurance. Concractor's Liability....... ............... 5.3
[nsurance. Concractual Liability........ ............ '" 5.4
Insurance. Owner's Liability........................,.. 5.5
Insurance. Property.................... ... ....... 5.6-5.13
Insurance-Waiver of Righcs ......................... 5.11
Intent ofContr:a:ct Documents ............. ...... 3.3,9.14
Incerpretacions and Clarificacions ...................... 9.4
Investigations of physical conditions... . . .. ...... . .. ... 4.2
Labor. Materials and Equipment .................. 6.3-6..5
Laws and Regulacions-definicion of .. . .. ... .......... '" I
Laws and Regulations-general... .. ... .. . .. ...... .... 6.14
Liabilicy Insurance-Concractor's ..................... 5.3
Liabilicy [nsurance-Owner's ......................... 5..5
Lien.s--detinitions of ................................ 14.2
Limitations on Engineer's
Responsibilities .............:....... 6.6,9.11,9.13-9.16
Materials and equipmenr-furnished by Contractor .... 6.3
Materials and cquipment-noc
incorporated in Work.... ..... ......... ...... ...... 14.2
Materials or equipment--equivalenc .. ~ . . .. .... .... .... 6.7
Miscellaneous 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-definicion of '" .. ... ... .. .. ... . ...... 1
Notice to Proceed-giving of ...... ... ................. :U
"Or.Equal" Items..................................... 6.i
Other.comractors ............;.......................... 7
Other wodc . . . . . . .. . . . . . . . . . . .. . . . . .. . " . . . . . .. . . . . . . . . " i
Overtime Work-prohibition of . '" ... .. .... ... . . .. .... 6.3
Owner--detinition of .................................... 1
Owner May Correct Dtftcrivt Work.... .. ........... 13.14
Owner May Stop Work. ..... '" ... .. ... .. ........... 13.10
Owner ~ay Suspend Work. Terminace .......... 15.1.15A
Owner's Duty (0 Execu te Change Orders ............. 11. 3
Owner's Liabilitv Insurnnce ........................... 5.5
Owners Repres~nLatjve-Engineer to serve as ......... 9.!
Owner's Responsibilitit:s-in general .................... 3
Owner's Separate Representative llt site ............... 9.3
Partial Utilization .................................. 14.10
Partial Utilizntion---Jennition of ......................... I
Partial U(ilization-Property Insurance.. .... " .... ... 5.15
Patent Fees and Ro yaltie~ ............................ 6.1:
Payments. Recommendation of ........... [4.4-14.7. 14./3
Payments (0 Cuntrnccor-in genernl .................... 1-1
Payments to Contractor-when due ........... 14.4,14.13
Payments [0 Contractor-withltolding ................ 14.7
Performance and other Bonds ..................... 5.1.5.2
Permits .............. .................. ....... ......... 6.13
Physical Conditions .................................... 4.2
Physic:J.! Condition~Engineer' 5 revic:W' ............. 4.2.4
Physical Conditions-existing scrucnJres ............. 4.2.2
Physic:J.! Conditions-exploracions wd reports....... 4.2.1
Physic:J.! Conditions-possible document change...!. 4.2.~
Physical Condirion~pcice and time adjustments .... 4.1.5
Physical Conditions-report of differing ............. .4.2.3
Physical Condicions-Underground Fa.cilities .......... 4.3
Preconstruction Conference ........................... 2.8
Preliminary Ma'tters ......... '. . .. . .... ... .. . . .. .. . . . . . . . .. 2
Premises. Use of ................... ._...........6.16-6.18
Price. Change of Contract .............................. II
Price.Contract-definition of ............................ 1
Progress Payment. Applications for. .. .. .. " ; . ., .. . . .. t 4.2
Progress Payment-retainage ....... .. .. .... .... ...... 14.2
Progress schedule ............... 2.6, 2.9.6.6.6.29, 15.2.6
Project--definition of ....... . .. . .. .. .. .. .. .. . .. .. .. .. . . " 1
Project Represen tacion-provision for ................. 9.3
Project Representative, Resideot--definition 01 .......... I
Project. Starting the ................................... 2.4.
Property Insurance............................... 5.6-5.13
Property Insurance-Partial Utilization.............. . 5.15
Propeny Insurance-Receipt and Application
of Proceeds ................................... 5.12.5.13
Protection. Safety and... . ........ . ... .. .... ..... 6.10-6.21
Punch Ust ........................................... 14.11
Recommendation of Payment. ........ .. ....... 14.4, 14.13
Record Documents ...................................6.19
Reference Point~ ...................................... 4.4
Regulacions. Laws and................. ........... ...6.14
Rejecting Defecrive Work.... ......................... 9.6
'Relaced WorkacSite ..............................7.1-7.3
Remedies Not E;<clusive ..... .......... .............. 17.4
Removal or Correction of Deftctivt Work ........... ]3.11
Resident Project Representative-detinition of ..... ...: .. I
Resident Project Represencative-provision for........ 9.3
Responsibilities, Contnctor's-in general ............... 6
Responsibilities. Engineer' s-in general ................. 9
Responsibilities. Owner) s-in general. .. ....... .... ...... 8
Retainage ....:....................................... 14.2
Reuse oiDocumenrs ................. .......... ........ 3.5
Rights of Way.. . . .... .. .. .. .. .... .... ...........,..... 4.1
Royalties. Pillent Fees and...................... .....6.12
Safety and Protection....... 6.20-6.21, 18.1-18,2
SaITlples ......................................... 6.23-6.28
Schedule of progress ........ 2.6.2.8-2.9.6.6.6.29.15.2.6
Schedule of Shop Drawing
submissions ...................... 2.6. 2.8-2.9.6.13.14.1
Schedule of values ...................... !.6; 2.8.2.9. 14.1
Schedules. Finnlizing ... .. .. . .. .. . . .. .... . . .. . . . . . . . . .. 2.9
Shop Drawings and SaITlples ......... ............. 6.13-6.28
Shop Drawings-Jeflnition' of........ .... ....... ...... ... I
Shop Drawings. use to approve
substjtutions ...................................... 6.7.3
5
Site. Visits to-by Engineer....................... .... 9.2
Specifications-definition of .............. ...... '" ...... 1
Starting Construction. Before.. ........... .. .... ... 2..5-2.8
Starting the Project..... ...;..; ......... .. .... .. .. . .... 2.4
Slopping Work-by Contractor................. ....... 15.5
Slopping Work-by OWner.. ...................... ..13.10
Subcontractor-dctinition of.......... .......... .. . ...... 1
Subcontractors-in general........ ..... .. .... .. ., 6.8-6. I 1
Subcontracts-required provisions ............5.11.1. 6.1 I
11.4.3
Substantial Completioli-<:Cl'1ification of .............. 14.8
SUbstantial CompletioJ1--.<:lefinition of..... ...... ... ...... I
Substitute or "Or.Equal" Items ....................... 6.7
Subsurface Conditions............................. 4.2-4.3
Supplemental costs... ...................... ........ 11.4.5
Supplementary Conditions-definition of ................ I
Supplementary Conditions-principal
references to .. 2.2.4.2,5.1,5.3,5.6-5.8.6.3.6.13.6.13,
7.4,9.3
Supplementing Contract Docum~nts ............... 3.4-3.5
Supplier-detinition of.... .. .. . . . . . . . . . . . . . . .. . . . . . " " .. I
Supplier-principcl references to ... 3.6.6.5.6.7-6.9.6.20.
6.24) 9.13. 9.16. 11.8, 13.4. 14.12
Surety-<=onsent to payment., .. .. ............. 14.12. 14.14
Surety-Engineer nas no duty to ........... ..... ... ... 9: 13
Surety-notice to ..........................10.1.10.5,15.1
Surety-qualitrcation of ......... .................. 5.1-5.2
Suspending Work. by OWner... .;.................... 15~ I
Suspension of Work and Termination-in general... .... 15
Superincendenr--{:ontractor's ......................... 6.1
Supervision and S~perintendence .................. 6. J -6.2
Tues.-Payment by COntractor. ....... .... ........... 6.15
Termination-by Contractor.......................... 15.5
Termination-by Owner... .... .. .... .. .... .. .... 15.2'-15.4
Termination. Suspension of Work and-in general ...... 15
Tests and Inspections ........................... 13.3-13.7
Time. Change of Contract .............................. 12
Time, Computation of ................ ................ 17.2
Time. Contract-definirion of......... ... ....... ......... I
Uncovering Work ............................... 13.8-13.9
Underground Facililies-definition of .................... 1
Underground FacilitieSo--{lot shown or indicated ..... 403.2
Underground Facilities-protection of ........... 4.3. 6.20
Underground Facilities-shown or indicated. .. .,. ... 4.3. j
Unit Price Work-definitionof .......................... 1
Unit Price Work-general .................11.9.14.1. 14.5
Unit Prices .... .'. . .. . . . . . . . . . . . " ... . . . .. . . . . . .. . . .. 11.3.1
U nit Prices. Determinations for. . . . . .. .. . . .. .. .. .. .. . . 9.10
Use of Premises................................. 6.16-6.18
Utility owners .......................... 6.13) 6.20. 7.2-7.3
Values, Schedule of ............. .. .... .. .... 2.6. 2.9. 14. J
Variations in Work-Authorized............ 6.25.6.27.9..5
Visits to Site-by Engineer...... .................. ,.... 9,2
Waiver of ClaUns--:Jn Final Payment.... .... ......... 14.16.
Waiver of Rights by insured panics...... ......~ 5.10.6.11
Warranry and Guarantee-by Contractor... .:.... .... 13.1
Warranty of Title. Contractor's ...................; ... J4.3
Work. Access to ............... .... .... .. ......... .... 13.1
Work...;...byothers .......................... '.... ... .... .. . 7
Work Continuing During Disputes ........,.......... .6.19
Work. Cost of ...................................1.104..11.5
Work-del1nition of ........................ .... .......... 1
Work Directive Change--<letinition of ................... I
Work Directive Change-principal .
references to ............................3.4.3. 10.1-10.2
Work, Neglected by Contractor ......... ~........... 13.14
Work. Stopping by Contractor......... ... ........ .... 15.5
Work. Stopping by Owner. .. .. ...... .. .. . ... "" 15.1-15.4
Written Amendmenr-detinitib~ of ....................,. I
Written Amendment-principal
references [0 ..................... 3.4.1.10.1.11.1,11.1
6
GENERAL CONDITIONS
ARTICLE I-DEFfNLTIONS
Wherever used in these deneral Cunditions or in the other.
Contract Documents [he following terms have the meanings
indicuted which are applicable to both the singular and plural
thereof:
AJdenda-,-Wril!en or graphic instruments issued prior to the
opening of Bids which clurify. corre~t or change the bidding
uocuments or the Cuntract Documents.
Agrumml- The written agreement between OWN ER and
CONTRACTOR covering the Work to be perl'ormed: other
Contra~r Documents are al!ached to [he t.l.greement and made
a part thereofas provided therein.
AppliC(lIiOIl jiir Pa.\'I1II'!lt- The form accepted by ENG I-
NEER which is 10 be used by CONTRACTOR in requesting
progress or final payments and which is to include. such sup-
porting documemation as is required by the Cuntr:lcr
Documems,
Bid-The offer or proposal of the bidder submitred on. the
prescribed form setring t"onh the prices for the Work IO be
performed.
BOllds-Bid. performance and payment bonds and other
instruments of securitl"
Changl' 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. issu~d'
on or atier the Effective Date of the Agreement.
Contract DOCI/I!lI'nts- The Agreement. Addenda (which per~
tain to the Contract Documents). CONTRACTOR's Bid
!including documenw.tion accomp:lnying the Bid and any pOSI~
Bid documentation submitted priono the Notice of Awardl
when a[[ached as an exhibit to the Agreement. the Bonds.
these General Conditions. the Supplementary Conditions. the
Specifications and the Drawings as the sume are more spe-
cifically identified in the Agreement. rogetherwith ull amend-
ments. modifications and supplements issued pursuant to
paragrnphs JA and 3.5 Lln or <lfter the Effective Date of the
Agreement.
CV/llr(/C[ Pric/'-The moneys payable by OWNER to CON-
TRACTOR under the Cuntrnct Documents as Slated in the
Agreem~nt (subject to the provisions of paragraph 11.9.1 in
(he C:lse of Unit Price Work).
CU/ltr(/c! Tillie-The numberoftlays (computed as proviut:u
in paragraph /7..:!i or the uate stated inthe Agreement for rhe
compl~tion of the Work.
CONTR..J,CTOR_ The person. tirm or cOrporJtilln with whllm
OWNER hus t:ntered inro [he Agreement.
J/!f(!C'[il'e-An adjective which when mcxJifyil1g the word Work
refers 10 Work that is unsatisfactory. faulty or deficient, or
does not conform [0 the Contrncr Documents. or does not
meet the requirements of any inspection. reference standard.
test or approval referred to in the Contra.CI Documenrs, or
has been damaged prior to ENGINEER's recommendation
of final payment I unless responsibility for rhe protection thereof
has been assumed by OWNER at Substantial Completion in
accordance Wilh paragrnph 14.8 or 14.10).
DrC/ll'ings- The drawings which show the character and scope
of the Work to be performed and which have been prepared
or approved by ENGIN EER and :Ire reft:rred to in the Con-
tract Documents.
Effeclt'l'/! Dut/' of tll/! A,I.(rumellf- The date indicated in the
Agreement on which it becomesetTectjve. but ifno such dace
is indicated it means the date on which [he Agreement is
signed and delivered by the last of the two parries to sign and
deliver.
E.VGIN EER..c- The person . linn or corporation.,namedas such
in the Agreeme'nr. ...
Field Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9.5 but \vhich does not involve achange in the Conrr:lct
Price or the Contract Time.
Genual Reqllirements--Sections of Division I of the Speci-
fications.
Lall's and Regulations: LClIl-'s or Reg I/Iarions-Laws. rules.
regulations. ordinances. codes and/or orders.
. NUlice of A Il'ard- The written notice by OWNER to the
apparent successful bidoer stating thaI upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein. within the time specified. OWNER will
sign and deliver the Agreement.
Notice to ProC'uJ-A written notice given by OWNER to
CONTRACTOR (with a copy 10 ENGINEER) n:dng the date
on which the Contract Time will commence to run and on
which CONTRACTOR shall stan to perform CONTRAC.
TOR'S obligations under the Contract Documents.
OWNER-The public body or authority. corporation.asso-
ciation.linn orperson with whom CONTR,.1"CTOR has entered
inca the Agreement nnd for whom the Work is to be provided.
PClrtial UliIi::.miun-Placing a portion of the Work in service
for the purpose for which it is intended (or a related purpose)
before reaching Substantial Completion for all [he Work.
Pruject- The total construction of which the Work to be
provided under the Contrnct Documents may be the whole.
or a p:lrt as indicated elsewhere in the CorHr:lct Documents.
R~'sidellt Project R('pr/!,fe/lIClth'/!- The authorized re presen.
tutive of ENGIN EER whLJ is assigned [Q the site or anr part
thereof. .
7
Shop DrawinlJs-All drawings, diagrams. illustrations,
schedules and other data which are specifically prepared by
or for CONTRACTOR to illustrate some portion of the Work:
and all illustrations. brochures, standard schedules, perfor-
mance cha..rts. instructions. diagrams and other infonnatlon
prepared by a Supplier and subrnitted by CONTRACfOR to
illustrate material or equipment for some ponion of the Work.
SptCifiCaliotls-Those ponions of the Contract Documents
consisting of written technical descriptions of materials.
e:quipment. const.!'uction systems. standards and workman.
ship as applie:d to the Work and certain administrative details
applicable there:to.
Subcontractor-An individual. linn or corporation having a
dire:ct contract with CONTRACfOR or with any other Sub-
contractor for the perfonnance of a part of the Work at the
site.
Sub!fanrial Compltrion-,-The Work (or a speciiied pan: thereot)
has progressed to the poim where. in the opinion ofENGI.
NEER as evidenced by ENGINEER's definitive cenificate
of Substantial Completion, it is suflicientJy complete. in
a.ccordance with the Contract Documents. so that the Work
(or specified pan) can be utilized for the purposes for which
it is intended; or if there be no such cenificate issued. when
final payment is due in accordance with paragraph 14.13. The
terms .. substantially complete II and "substamiallycom-
pleted" as applied to any Work refer to Substantial Comple-.
tion rhereof.
Suppltmtnrary CondirionI-The part of the Contract Docu-
ments which am'ends or supplements' these General Condi~
tions.
Supplier-A manufacturer. fabricator. supplier. distributor.
materialman or vendor.
Underground Facilities-All pipelines. conduits. ducts. cables.
wires. manholes. vaults. tanks. tunnels or other such facilities
or attachments. and any encasements containing such facil-
ities which have been inmlled underground to furnish any of
the fOllOWing services or materials: electriCity, gases. steam,
liquid petroleum products, telephone or other communica-
tions. cable television. sewase and drainage removal. traffic
or other control systems or water.
Unit Price Work-Work to be paid for on the basis of unit
prices.
Work-The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services. furnishing labor and furnishing and incor.
porating materials and equipment into the construction. all
as required by the Contract Documents.
Work Directive Change-A written directive to CONTRAC-
. TOR. issued on or after the Effective Date of the Agreement
, and signed by OWNER and recommended by ENGINEER.
ordering an addition, deletion or re'iision. in the Work. or
responding to differing or unforeseen physical condition.! under
which the Work is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.21. A Worle
Directive Change may not change the Conlnl.ct Price or the
Contract Time. but is evidence that the parties expect that
the change directed or documented by a Work Directive
Chan'ge will be incorporated in a subsequently issued Change
Order following negotiations by the panics as to its effect. if
any) on the Contract Price or Contrut Time as provided in
p~ph 10.2.
Wrirren Amendmenr-A written amendment of the Contract
Documents, signed by OWNER and CONTRACfOR 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-PRELLMINARY MAITERS
,
.
Delivtry of BoruU:
:!.1. When CONTRACfOR delivers the executed Agree-
ments to OWNER, CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of DocUJrmus:
:!.:!. OWNER shall furnish [0 CONTRACTOR up to ten
copies (unless otherwise specified in the Supplemenc.ary Con-.
.ditions) of the Contracr Documents as are reasonably nec.
essary for the execution of the Work. Additional copies will
be furnished. upon request. at the cost of reprcxluction.
Commencem.err1 01 Contract Tim,,' NotU:t to Proc"d:
2.3. 'The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement. or. if
a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thirty day, 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.
Stm'ting the Project.'
1.4. CONTRACTOR shall stan to perfonn the Work on
the date when the Contract Time commences to run, bU[ no
Work shall be done at the site prior to the date on which the
Concract Time commence5 to run.
Btfort Slarring ConJ'fruction.'
2..1. Before undertaking each pan of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent ligures shown
8
[hereon and all applicable field measurements. CONTRAC.
TOR shall promptly report in writing to ENGINEER any
contlict. error or discrepancy which CONTRACTOR may
disco ver and shall obtain a wriccen interpretation or clarifi-
cution from ENGINEER cefore proceeding with any Work
affected thereby: however. CONTRACTOR shall not be lia-
ble to OWNER or ENGIN EER t'or failure to report any
conllict. error or discrepancy in the Contract Documents.
unless CONTR.-\CTOR had actual knowledge thereofor should
reasonably ha ve known thereof.
2.6. Within ten davs after lhe Effective Date of the Agree-
ment (unless otherwise specified in the General Require-
ments). CONTRACTOR shall submit to ENGINEER for
review:
2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
2.6.2. a preliminary schedule of Shop Drawing sub-
missions: and .
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payment.~ during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be'con-
firmed in Writing by CONTRACTOR at the time. of sub.
mission.
2.7. Before any Work at the site is stan:ed. CONTRAC-
TOR shall deliver to OWNER. with a copy to ENGINEER.
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4. and
OWNER shall deliver to CONTRACTOR certificates land
other evidence of insurance requested by CONTR.-\CTORJ
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 arid 5. 7.
l'ruansrructioll Confeunce:
~.8. Within twenty days after the Effective Dare of the
Agreement. but before CONTRACTOR stans the Work at
the sire. :J. conference auended by CONTRACTOR. ENGI-
NEER and l.l[hc:rs as uppropriute will be held to Jiscuss rhe
schedules referred to in paragraph 2.6. ro discuss procedures
for handling Shop DraWings and other submiuals and for
processing A pplications for Payment. and ro establish a working
understanding among the panies as to the Work.
Finali::ing Sc/uduleJ:
~.9. At I~ust len unys before submission ufrhe tirst Appli-
catiun for Pa~'inent il conference urrended by CONTRAC-
TOR. ENGI~EER nnLl uther:; us appropriate will be helLl to
finalize Ih~ ~('hedules submiucd in ilcconJance: \\'ith para-
graph 2.6. The finalized progress schedule will be: acceptable
10 ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time. but such
acceptance will neither impose on ENGINEER responsibility
for the progress or scheduling ot- the Work nor relieve CON-
TRACTOR from full responsibilityrherefor, Tho:: finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGfN EER as 10 form and substance.
ARTICLE J-CONTRACT DOCU ,'vl E~TS; INTENT.'
AMENDING, REUSE
I nte Nt:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concl::rning the
Work. The Contract Documents are complementary: what is
called for by one is as binding as if called (or by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
J .2. It is the intent of the Contract Documents to describe
a functionally complete Project lor pat1 thereot) (0 be con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
lhe intended result will be supplied whe ther or not specifically
cailed for. When words which have a well-known technical
or trade meaning are used CO describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
or codes of any technical society. organiza tion or association.
OTtO the Laws or Regulations of any governmental authority.
whether such reference be specific or by implication. shall
mean the larest. standard specification. manual. code or Laws
or Regulations in effect at the time of opening of B ids (or. on
the Effective Dale of the Agreement if [here IVere no Bidsl.
except as may be orhervvise specifically stated. However. no
provision of any referenced standard specification. manual
orcode (whether or not specifically incorporated by reference
in the Contract Documents) shall be etfective [0 change the
duties and responsibilities of OWN ER. CONTRACTOR or
ENGINEER. or any of their conSUltants. agents or employ-
ees from those set forth in the Contmct Documents. nor shall
ir be effective to assign ro ENGINEER. or any of ENGI.
NEER's consultants. agents or employees. any duty' or
aUthority ro supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility contrary to the provisions of pamgraph 9.15 or 9.16.
Clarifications and interpretations of the Contract Documents
~hnll be issued by ENGINEER as provided in paragraph 9..t
3.3. If. during the performance of the Work. CONTRAC-
TOR nnds a conflict. errur or c.jj~crepancy in [he Contract
Documents. CONTRACTOR shall so repurt co ENGINEER
in writing at once and beforl:: proceec.1ing with Ihe Work atfected
thereby shull obtain u wrilten in'terprewlion ur clurincation
9
from ENGINEER: however. CONTRACTOR shall not be
liable [0 OWNER or ENGINEER for failure [0 repon any
conflict. error or discrepancy in the Contract bocuments
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
Aml!luiing and Suppumlrttinl Comra.c! DocUJntnl.r:
3.4. The Contract Documents may be amended to pro-.
vide for additions, deletions and revisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways:
3.4. I. a formal Written Amendment.
3.4.1. a Change Order (pursuant to paragraph 1004),
or
3.4.3. a Work Directive Change (pursuant to para-
graph 10. I).
As indicated in paragraphs I I .2 and .12.1. Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
3.5. In addition. the requin:menrs 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
foUowing ways:
3.5.1. a Field Order (pursuant to paragraph 9.5),
3.5.1. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27). or
3.5.3. ENGINEER's written imerpretation or clarifi-
cation (pursuant to paragraph 9.4).
Rtuu of Docum,nt.r:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
n~hing any of the Work under a direct or indirect contract
with OWNER shalJ have or acquire any title; to or ownership
rights in any of the Drawings. Specifications or other doeu-
menlS (or copies of any thereof) prepared by or bearing the
seal of ENGfNEER: and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGfNEERand specific written
verilication or adaptation by ENGINEER.
. ARTICLE 4-A V AILABILITY OF LANDS; PHYSICAL
CONDrTIONS: REFERENCE POINTS
Availahiliry of Lands:
4.1. OWNER shall furnish. as indicated in the Contract
Documents. the lands Upon which the Work is to be per-
formed. rights-of-way and easements for access thereto. and
such other lands which are designa'ted for [he use of CON.
TRACTOR. Easements for permanent structures or perma-
!lent changes in existing facilities will be oblained and paid
for by OWNER. unless olherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. righ ts-'of-way or ease.
ments entilJes CONTRACTOR 10 an extension of the Con-
lract Time. CONTRACTOR may make a claim therefor a.s
provided in Arricle 1:2. CONTRACTOR shall.provide for aJl
additional lands and access thereto thac may be required for
temporary construction facilities or storage of materials and
equipment.
Physical Coruiitions:
4.:2.1. up/orations' and R.eports: Reference is made
10 the Supplementary Conditions foridentilkation of chose
reports of explorations and lescs of subsurface conditions
at Ihe site that have been utilized by ENGfNEERin prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data C{lncained in
such repons. but not upon nontechnical data."interpreta-'
tions or opinions contained therein or for the compleloness
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. Exi,srillK Srructurt:,s: Reference is made to' the
Supplementary Conditions for identification of chose
drawings of physical conditions in or relating to existini
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings_ but not for the complete.
ness thereof for CONTRACTOR's purposes. Except as
indicated in ,the immediately preceding sentence and in
paragraph 4.2.6. CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to such structures.
4.2.3. Reporr of Difft:ring Condirions: If CONTRAC-
TOR believes that:
4.2.3.1. any technical data on which CONTRAC.
TOR is entitled to rely as provided in paragraphs 4. ~.I
and 4.1.2 is inaccurate. or
4.:2.3.:2. any physical condition uncovered or
revealed at the site differs materially from thac indi.
cated. reflected or referred to in the Concract Docu-
ments.
CONTRACTOR shall. promptly after becoming .aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by para.
graph 6.21l. notify OWNER and.ENGINEER in writing
about che inaccuracy or difference.
10
-1.2.-1. E;VCINEER's Rl!l'i"Il': ENG[NEER will
promprly review the peninentcondicions, uetermine the
necessity of obtnining ndditional explorntions or tests with
respect thereto and advise OWN ER in writing (with a copy
10 CONTRACTOR) of ENGINEER's nndings and con-
clusions.
4.2,5. Possihfe D(}('{(menl CllCInge: If ENGIN EER
concluues Chat there is a material error in the Contract
Documents or [hat becJuse of newly discovered condi-
tions a change in the Contract Documents is required. a
Work Directive ChanlZe or a ChanlZe Order will be issued
as provided in Arricle 10 [0 retl~ct and Jocument the
consequences of the inaccuracy or difference.
4.2.6. Possihle Price IInd Tilll/! AdjIlSIII/I!I1fS: In each
such c:J.se. an increase or decrease in the Contract Price
or an e.uension or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
the)' are attributable to any such inaccuracy or difference.
If OWN ER and CONTRACTOR are unable Co agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles II and 12,
Physical Condin'ons-Clldtrground Facilili~s:
4.3.1. SllOll'n VI" Indicaud: The information and data
shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to tne
site is based on information and data furnished CO OWN ER
or ENGINEER by the owners of such Under"round Facil-
ities or by others. Unless it is otherwise e.~pressly pro-
vided in rhe Supplementary Conditions:
.U.1.1. OWNER and ENGINEER shall not be
responsible for rhe uccuracy or 'completeness of uny
such information or data: and.
-1.3.1.2. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locatin" all U nnerlZround Facilities shown
or indicated in the Contract D;cumenrs. 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 6.20 and
repairing nny damage thereto resulting from the Work.
the cost of all of which will be considered as havinlZ
been included in the Contract Price. -
~.3,2. NOI S/rOlI'// or In JiCiJII! J. If an Underground
Facility is uncovered or revealed at or contilZuous to [he
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have been expected to be aware of. CONTRACTOR
shall. promptly at'ter becoming aware thereat' and before
performing ~lny Work n{fected thereby (except in an emer-
gency as permineJ by parngrnph 6.22l. identify the owner
of such UndergrounJ Facility and give written notice thereof
to that Owner and rLl OWNER anu ENGINEER. ENGI-
NEER will promptly review the UnJerground Facility 'ro
determin.e the extent to which the Contract Documents
should be mouified tu reflect and document the Conse-
quences of the existence of the Underground Facility, and
the Contract Documents will be amended or supplemented
[0 the e.'tent necessary, During such lime. CONTRAC..
TOR shall be responsible for the sa.fety and protection of
such Underground Facility us provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or nn extension of [he Contract Time. or both.
[0 the e.'tent that they are attributable [0 the nistence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reusonably have been e;~pected to be aware of.
If the panies are unable to agree as 10 the amounc or length
thereof. CONTRACTOR may make.a claim therefor as
provided in Articles II and 12.
Refertnce Points:
-1.-1. OWN ER shall provide engineering surveys to estab.
lish reference points for construction which in ENG INEER's
judgment are necessary to enable CONTRACT~R to proceed
with the Work. CONTRACTOR shaH be responsible for lay.
in'g out the Work (unless otherwise specified in rhe General
Requirements). shall protect and preserve the established
reference 'points and shall make no changes or relocations
without the prior written approvul of OWNER. CONTRAC-
TOR shall reron to ENGINEER whenever any reference
point is lose or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon-
sible for the accurate replacement or relocation of such ref-
erence pornes by professionally quaiified personnel.
ARTICLE 5-BONDS AND fNSURANCE
Performanct and Dlher Bonds:
5.1. CONTRACTOR shall furnish performance and pay.
ment Bonds. each in an amount at least equal to the Conrract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu.
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due. e."\:cept
as ocherwise provided by Law or Regulacion or by the Con.
tract Documents. CONTRACTOR shaH nlso furnish such
other Bonds as are required by the Supplementnry Condi.
tions. AlI Bonds shall be in the forms prescribed by Law or
Regulation or by the Contracc Documents and be executed
by such sureties as are named in che current list of "Com.
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com. .
panies" as published in Circular 570 (amended) by the Audit
Slaff Bure:J.u of Accounts, U.S. Treasury Depanment. ,.1.11
Bonds signed by an agent must be accompanied by a cenified
copy of the authority to act.
5,2. If the surety on any Bond furnished by CONTR.-\C.
TOR is declared a bankrupt Llr becomes insolvent or its right
to do business is terminateu in any state where any pnn of
II
the Project is located or it ceases to meet [he requirements
of paragraph 5.1, CONTRACTOR shall within five days
thereafter substirute another Bond and Surety) both of which
must be acceptable to OWNER.
CO Tl11'1LCUJ r'.r LUJh ility I n.r UJ"rI nee:
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide protection from claims set fonh below which
may arise OUt of or result from CONTRACTOR's perfor-
mance and furniShing of .the Work and CONTRACfOR's
other obligations under the Contract Documents. whether it
is [0 be perfonned or furnished by CONTRACfOR. 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 ahd other similar employee ben-
efit acts:
5.3.2. Claims for damages because of bodily injury,
occupacional 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 la) by any person
as a result oran offense directly or indirectly related to
the employment of such person by CONTRACfOR, or
(b) by any other person for any olher reason:
5.3.5. Claims for dama~es. other than to the Work
itself. because of injury to or destruction of tangible prop-
erty wherever located. including loss of use resulting
lherefrom:
5.3.6. . Claims arising OUt of operation of Laws or Reg-
ulations for damages because of bodily injury or death of
any person or for damage to property; and
5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or Use of any motor vehicle.
The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability and Coverages provided in the Supplemen-
tary Conditions. or required by Jaw, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur.
, ance so required to be purchased and maintained (or the
certificates or other evidence thereof) shall contain a provi-
sion or endorsement that the coverage afforded will not be
. cancelled. materially changed or renewal refused until at least
thirty days' prior written notice has been given to OWNER
and ENG INEER by cenified mail. All such insurance shall
.' remain in effect until final payment and at all times thereafter
when CONTRACfOR may be correcting. removing or
replacing defective Work in accordance with paragraph 13.12.
In addition. CONTRACTOR s.haU maintain such completed
operations insurance forat least tWo years after final payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year [hereafter.
ContrrutwJ1. Liahiliry Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractualliabilicy insurance
applicable to CO NTRACTOR' s oblig.ations under paragraphs
6.30 and 6.3 1.
Owner's Liability In.surance:
5.5. OWNER shall be responsible for purc,hasing and
maintaining OWNER's own liability insurance and, at
OWNER's option. may purchaSe and maintain such'insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents.
Property Insurance:
5.6. Unless ochenvise provided in the Supplementary
Conditions, OWNER shall purchase and maintain propeny
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 the interests
of OWNER. CONTRACTOR. Subcontractors. ENGINEER
and ENGrNEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured panics. shall insure
against the perils of fire and extended coverage and shaIl
include "all risk" insurance for physical loss and damage
including thefl. vandalism and malicious mischief. collap'se
and water damage. and such other perils as may be provided
in the Supplementary Conditions. and' shall include damages.
losses and ex.penses arising OUt of or resulting from any insured
loss or incurred in [he repair or replacement of any insured
property (including but not limited to fees and charges of
engineers. architects. attorneys and othcrprofessionalsl. If
not covered under the' 'all risk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchase and maintain similar property insurance on ponions
of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for
Payment.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER.
CONTRACTOR. Subcontractors, ENGINEER AND
ENGINEER's consultants in [he WQrk, all of whom shall be
listed as insured or additional insured parties.
12
5.8. All the policies of insurance (or the cenific,Hes or
other e vidence 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 materiaJly changed or renewal
refused until at least thiny days' prior written notice has been
given to CONTRACTOR by cenified mail and will contain
waiver provisions in accordance with paragraph 5,11.2.
5.9, OWNER shall not be responsible for purchasing and
maintaini'ng any property insurance CO protect the interests
of CONTRACTOR. Subcontractors or others in the Work to
the e.xtent of any deductible amounts that are provided in the
Supplementary Condicions. The risk of .Ioss within the
deductible amOUnt. will be borne by CONTRACTOR. Sub-
Contractor or others suffering any such loss and if any 0 f 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.lD. If CONTRACTOR requests in wntmg [hat 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 oTthe Work at the site. OWNER shall in Writing
advise CONTR.'\CTOR whether or not such other insurance
has been procured by OWN F.~.
Waiver of Rirhtr:
5. J 1.1. OWNER and CONTRACTOR waive all rights
against each other for aJllosses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable [Q 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 6.1 [. each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the SubcOntraclOr in
favorofOWNER. CONTRACTOR. ENGINEER. ENGI-
N EER's co~sultants and aJl other panies named as insureds.
None of the above waivers shali extend to the rights [hat
any of the insured parties may have co the proceeds of
insurnnce held by OWNER as trustee or otherwise p?~'_
able under any policy so issued.
5.! 1.2. OWNER and CONTRACTOR intend [hat any
policies provided in response to paragraphs 5.6 and 5.7
shall prote\:t nil 0 f the parties insured and provide primary
coverage for all losses and damages l:ausedby {he perils
cOI'ered thereby. Accordingly. all such policies shall con.
tain provisions to the effect that. in the event uf payment
of an y loss ur dnmage the insurer will have no rights llf
recovery against uny of the panies namet.! as insureds llr
auditionul insureds. und if the insurers require separate
wuil'o::r forms to be signet.! by ENGINEER ur ENGf-
NEER's cl1nSulWnl OWNER will ubtain the ~ume. and if
such waiver fonns are required of any Subcontractor.
CONTRACTOR will obcain the same.
Receipt and Applican'on oj 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 app ear. subject to the require.-
mencs of any applicable mongage clause and of paragraph
5.13. OWNER shall deposit in a separate account any money
so received. and shall distribute it in accordance with such
agreement as [he panies in interest may reach. If no other.
spe.cial 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 crustee shall have power to adjust and.
settle any loss with the insurers unless one of the panies in
interest shall object in writing within fifteen (jays after' the
occurrence of loss co OWNER's e;(ercise of this power. If
such objection be made. OWNER as trustee shall make set.
clement with the insurers in accordance with such agreement
as the panies 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.
A cceptanct! of lnsurancl:
5.14. If OWNER has any objection to the coverage afforded
by or other provisions of the insurance reqt;ired [0 be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5.4 on [he basis of its not complying
with the Contract Documents. OWNER shall nOlify CON.
TRACTOR in writing thereof within ten days of the date of
delivery ot" such certificates to OWNER in accordance with
paragraph 2.7. [f CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required [0 be purchased and maintained by OWNER
in "accordance with paragrllphs 5.6 and 5.7 on the basis of
their no~ complying with the Contract Documents. CON-
TRACTOR shall notify OWNER in writing thereot" within ten
days of the date of delivery of such cenificaces to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional infonnacion in respect of insurance provided by each
as the ocher 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-:ation-Properry {nsurancl:
5.15. If OWNER nnds it necessary to occupy or use il
ponion or portions ufrhe Work prior co Substantilll Comple-
tion of ail che Work. such use or occupancy may.be accom-
plished in accordanc<= with paragraph 14.10: provided thac no
13
such use or occupancy shall commence before the insuren
providing the property insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces.
sitated thereby. The. insurers providing the property insur.
ance shall consent by endonement on the policy or policies,
but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
ARTICLE &-CONTRACTOR'S RESPONSIBILITIES
SuptrviJiofl and SIJ.JHrilluruitnct~
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently. devoting such attention thereto'
and applying such skills and expertise as may be necessary
to perfonnthe Work in accordance with the Contract Doc.
uments. CONTRACTOR shall be solely responsible for th~ .
means. meihods. techniques. sequences and procedures of
construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means, method, technique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
6.2. CONTRAc;:rOR shall keep on the Work at all times
during its progress a 'competen t resident superintendent. who
shall noe 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.
War. Ma!trials and Equipmtllt:
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 shaU at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or p"roperty at the site or
adjacent thereto. and except as otherwise indicated in the
Contract Documents. all Work at the site shaJl be performed
during regular working hours. and CONTRACTOR will not
permit overtime work or the performance of Work on Sat-
urday. Sunday or any legal holiday Without OWNER's writ-
len consent given after prior wri tten notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for aU 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 Conlract Doc-
uments. If required by ENGINEER. CONTRAcrOR.shalJ
furnish satisfactory evidence (including reports of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed. con-
nected. erected, used. cleaned and co ndic/oned in accordance
with the instrUctions of the applicable Supplier except as
otherv.'ise provided in the Contract Documents: but no pro-
vision of any such instructions will be etTective to assign to
ENGINEER. or any of ENGINEER's consultants. agents or
employees. any duty Dr authority to supervise or direct the
furnishing or performance of the Work or any duty or author.
ity to undenake respo.nsibility contrary to the provisions of
paragraph 9.15 or 9.16.
Adjusting Progrt!! Sch~dul.e:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the eXtent indicated in paragraph ::.9) adjust-
ments in the progress schedule to reflect the im~act thereon
of. new developments; these wiD conform generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
SubsriJutts or "Or.EqlUU" Irims:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the naming of the item is intended to establish the type,
Junction and quality required. Unless the name is followed
by words indicating that no, substitution is permitted.
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient infonnation is submitted by
CONTRACTOR to allow ENGINEER to detenninethat '
the material Dr equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI.
NEER from anyone other than CONTRACTOR. If CON.
TRAcrOR 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 performade.
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. 'olher
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 10 payment of any license fee or
14
royalty. All variations of the proposed substitute from that
specified will be identified in (he application and available
maintenance. repair and replacement serviCe will be indi-
c;'lted. The application will al~o contain an itemized esti.'
mate or all costs that will result din:ctly or indirectly from
acceptance of such .substitute. includin~ costso[ redesilm
and claims of other contractor.) ul'fecte-d by the resulti~g
change. all of which shall be consideml by ENGINEER
in evaluating the proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional datu about the,proposeLl substitute.
6. i .2. If a specific means. method. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR may furnish or
utilize a substitute means. method. sequence. technique
or procedure of construction accepw.ble to ENGIN EER.
if CONTRACTOR submits sufficient information to allow
ENGIN EER to determine that the substitute proposed is
equivalent ro that indicated or required by (he Contract
Documents. The procedure for review by E~GINEER
will be similar [Q that provided in pnragraph 6.7. I as applied
by ENGINEER and as may be supplemented in (he Gen-
eral Requirements.
6. i.J. E:--IGIN EER will be allowed a reasonable time
within which [0 evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability. and no
substitute will be ordered. installed or utilized without
ENGfNEER's prior writren acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur.
nish at CONTRACTOR's e.xpense a special performance
guarantee or ocher surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in evaluating substitutions
proposed by CONTRACTOR <lnd in making changes in
the Contract Documenrs occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute. CON-
TRACTOR shall reimburse OWN ER for the charges of
ENGINEER and ENGINEER's consultants t'or evaluate
ing each proposed substitute.
Corrcer/fing Subcontractors. Suppliers and Others:
6.8.1. CONTRACTOR shall not .:mploy Jn~' Subcon-
tractor. Sup plieror other person ororganization (including
those acceptable to OWNER and ENGINEER as indi-
cated in parugraph 6.8.2). whether initially or as il substi-
tute. against whom OWNER or ENGINEER may hilve
reasonable objection. CONTRACTOR shall not be required
to e'mploy any Subcontractor. Supplier or other person llr
organization 10 furnish or perform any of the Work aguinst
whom CONTRACTOR has reasonable objeclil1n.
6.8.:'. If the Supplementary Conditions require the
idencily ofceruin Subcontractors. Suppliers or ocher per-
sons or orcanizations lincluuinlZ those who are to furnish
the princi p'nl items uf materials ~nd equipment I ro be su b-
miner.! 10 OWN ER in advunce of the specifieu uatc pril1r
to the Effective Dute of rhe Agreement for accc:plUnce b~'
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in uccordance with the Supple-
mentaryConditions. OWNER'sor ENGlNEER's accept-
ance (either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance orobjec-
rion in the bidding documents orche Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
COl'lTRACTOR shall submit an acceptable substitute. the.
Contract Price will be increased by the difference in the
cost occasioned by such subsritution and an nppropriate
Change Order will be issued or Wntten Amendment signed.
No acceptance by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiverofany right ofOW.N ER or ENGI.
NEER to reject de/ect/\'e Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for a/I acts and omissions of the Subcon-
tractors. Suppliers and other persons and org~nizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC.
TOR is responsible forCONTRA:CTOR's own acts nnd omis-
sions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and a.ny such Subcontractor. Supplier or other person or
organization. nor shall it create any obligation on the part of
OWNER or ENGINEER to payor 10 see to the payment of
any moneys due any such Subcontractor. Supplier or other
person or organization e;(cept as may otherwise be required
by Laws and Regulations.
6. 10. The divisions nnd sections of the Specifica.tions and
the identifications of any Drawings shall not control CON.
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. .-\11 Work performed for CONTRACTOR by 0. Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor [0 the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENG INEER and contains \vaiver provisions
as required by parngrnph 5.11. CONTRACTOR shall pay
each Subcontractor n just share of nny in.\urance moneys
received by CONTRACTOR on account of losses under pol.
icies issued pursuant to paragraphs 5.6 and 5.7.
Paient Fees and Royallies:
6.11. CONTRACTOR shall pay all license t'ees and roy-
alties and assume all costs incident to the use in [he perfor-
mance of the Work or the incorporutio n in the Work of Jny
invention. design. process. product or Llevice which is the
subject of patent rights or copyrights held by others. If a
particular invention. design. process. prouuct ur device is
specified in the Cuntract Documents for u:;e in [he perfor-
mance of the Work and ifro the actuul knowledge of OWN ER
15
or ENGillEER its Use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to Others,
the existence of such rights sball be disclosed by OWNER in
the Contract Documents. CONTRACfOR shall indemnify
and hold harmless OWNER and ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims) daalaies. losses and expenses (including
attorneys' fees and court and arbitration costs) arising out of
. any infringement of patent righu or copyrights incident to
the use in [he performance of the Work or resulting from the
incorporation in the 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.
P mniJs:
6.13. Unless otberwise pro~ided in the Supplementary
Conditions. CONTRAcrOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRAcrOR. when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees neces3ary for the pro~cution 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-
nections to the Work. and OWNER shall pay all charges of
such utility owners for capital costs related thereto such as
. plant investment fees. .
UJwr arui Regula1ioru:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur.
nishing and performance of the Work. Except where oth.
erwise expressly required by applicable Laws and Regu- .
lations. neither OWNER nor ENGINEER shall be respon-
sible far monitoring CbNTRACTOR's compliance with
any Laws or Regulations.
6.14.1. If CONTRACTOR observes that the Specifi-
cations or DraWings are at variance with any Laws or
RegUlations. CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knOWing or having reason [a know that it is contrary to
such Laws or Regulations. and without such notice to
ENGINEER. CONTRACTOR shall bear al/ costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make cenain that the Specitications
and Drawings are in accordance with such Laws and
Regulations.
,'Taxes:
6,15, CONTRACTOR shall pay all sales. consumer. use
~and o~her similar taxes required to be paid by CONTRAC-
TOR In accordance with the Laws and Regulations of the
place of the Project which are applicable during the perfor-
mance of the Work.
USt of Premises:
6.16. CONTRACTOR shall contine cons01..lction equip-
ment. the storage of materials and equipment and the oper-
ations of workers to the Project site a.nd land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations. rights-
of-way, permits and easements. and shall not unreasonably
encumber the premises with constrUction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area. or to
the owner or occupant thereof or of any land or areas contig-
uous thereto. reSUlting from the performance of the Worle.
Should any cJaimbe made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work. CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise. resolve the
claim by arbitration or at law. CONTRACTOR shall, to the
fullest extent permitted by Laws and Regulations, indemnify
and hold OWNER and ENGINEER harmless from and against
all claims. damages. losses and expenses (including, but not
limited to. fees of engineers. architecu. attorneys and oth~r
professionals and COUrt and arbitration costs) arising directly,
indirectly or consequentially out of any action. legal or equ'i.
table. brought by any such othel' party against OWNER or
ENGINEER to the extent b:ued on a claim arising out of
CONTRACTOR's performance of the Work.
6.J7. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumula.tions of waste
materials. rubbish and other debris resulting from the Work.
At the camp letion of the Work CONTRACTO R shall remove
all waste materials, rubbish and debris from and about the
premises as well as all tools. appliances, construction equip-
ment and machinery, and surplus materials. and shall leave
the site clean and ready for o'ccupancy by OWNER. CON.
TRACTOR shall restore to original condition all property not
designated for alteration by the Contract Documents.
6.18. CONTRAcrOR shall nbt load [lor pennit any part
of any structure to be loaded in any manner that will endanger
. the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record Documtms:
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 claritication~ (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available to ENGINEER for reference. Upon com-
16
pletion of the Work. these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
Sa/try and Proltction:
6.20. CONTRACTOR shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shaU
cake all necessary precautions for [he safety of. and shall
provide the necessary protection 10 prevent damage. injury
or loss ro:
6.20. I. all employees on the Work and other persons
and organizations who may be affected thereb~':
. 6.20.2. all the Work and maeerials and equipmenc to
be incorporated therein. whether in seorage on or off the
site: and
6.20.3. other propeny at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pavements. road-
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
CONTRACTOR shall comply with all applica.ble Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage.
injury or loss: and shall erect and maintain all necessary
safeguards for such safety and' protection. CONTRACTOR
shall notify owners ofadjacenc property and of Underground
Facilities and wility owners when prosecution of the Work
may anect them. and shall cooperate with them in the pro-
tection. removal. relocation and replacement of [heir prop-
eny. All damage. injury or loss to any property referred to
in parqgraph 6.20.2 or 6.20.3 caused. directly or indirectly.
in whole or in pan. by CONTRACTOR. any Subcontractor.
Supplier or an~' other person or organization directly or indi-
rectly employed by any of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable.
shalf be remedied by CONTRACTOR (except damage or loss
attributable to [he fault of Drawings or Specific:l!ions or to
the acts or omissions of OWNER or ENGINEER or anyone
c:mplo;.:ed by cither of them or anyone r'or whose ;Jcts either
ofthc:m may be lielble. and not attributable. directly or indi-
rectI}". in whole orin pan. to the fault or negligent:c of CON-
TR..l.CTORl. CONTRACTOR's duties and responsibiHtics
for the safety and protection of the Work shall continue until
such time us ullrhe Work is completed and ENG!~EER h;JS
issucJ a norice to OWN ER und CONTRAC'{"OR in accord-
ance with puragraph 14.13 thut (he Work is acceptable (c.'(ccpt
as olherwise expressly provided in connection with Subs tan-
riell Completion),
6.~ I. CONTRACTOR sh,J/I designute a respl1nsible rep-
resen[;..ltivc at the site whose uuty shull be the prc\'enlion Llf
acciLle nts, This person shall be CONTRACTO R' S superin-
lenUenr unlc:ss olherwise uesiunated in writinl! by (0;-';-
TRACTOR. co OWN ER.' -
Emergrncies:
6.2:2. [n emergencies affecting lhe selfety or protection of
persons or the Work or propeny at the site or adjacent thereto. .
CONTRACTOR, without special instruclion oraU[hor1zation
from ENGINEER or OWNER. is obligaled (0 act to prevent
threatened damage. injury or loss. CONTRACTOR shalf give
ENGINEER prompt wrimn notice if CONTRACTOR believes
that any significant changes in the Work or varialions from
the'Concract Documents have been caused thereby. IfENGI-
NEER determines chat a change in the Coneract Documents
is required because of the' action taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or.
variarions.
Shop Drawings and Samples;
6.23, After checking and verifying al) tield measurements
and after complying with applicable procedures specitied in
the General Requirements. CONTRACTOR shall submic to
ENGINEER for review and approval in acco'r.dance with the
accepted schedule of Shop Drawing submissions (see para-'
graph 2.9). or for other appropriate action if so indicated in
the Supplementary Conditions. fi ve copies (unless ocherwise
specitied in the General Requirements! of a II Shop Drawings.
which will bear a stamp or specific wr1tte n indication that
CONTRACTOR has satisfied CONTRACTOR's. responsi-
bilicit:s under the Contract Documents with respect to the
review of the submission. All submissions will be identitied
as ENGINEER may require. The daca shown on the Shop
Drawings will be complete with respect to quantities. dimen-
sions. specified perfonnance and design criteria. materials
and similar data co enable ENGINEER to review the infor-
mation as required.
6.X CONTRACTOR shall also submit co ENGINEER
for review and approval with such promptness as to cause
no delay in Work. all sam pies required by [he Contract Doc-
uments. .-\ll samples will have been checked by and accom-
panied by a specifk written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. S4pplier.
pertinenr data such as catalog numbers and the use t'or which
intended.
6.~5 .1. Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri. .
fled all quantities. dimensions. specitied performance cri-
teria. installation requirements. materials. catalog num-
bers and similar data with respect thereto and reviewed
or coordinated each Shop Dral....ing or sumple with ocher
Shop Drawings and samples and with the requirements of
che Work and the Contract Documents.
6.25.2. At the time of each submission. CONTR..'\C-
TOR shull give ENGIN EER specitic written notice of wch
variution that [he Shop Drawings or sumples may have
from the requirements Llf the CLlntract Documents. ano.
in addition. shilll cause :1 speeinc notation [0 be maue on
17
each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and samples. but ENGI-
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance'
with the information given in the Contract Documents and
shaJJ nor e~tend to means. methods. lechniques. sequences
or procedures of construction (except where a specific means.
method. technique, sequence or procedure of construction is
indicated in or required by the Contract Documen ts) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CON-
TRACTOR shall make corrections required by ENGINEER.
and shaJl return therequi.red 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 subminals.
6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in Writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.25.2 and
ENGINEER has given written approval of each such varia-
tioo by a speciiic written no ration thereof incorporated in or
accompanying the Shop Drawing or sample approval: nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25 .1.
6,28. Where a Shop Drawing or sample is required by the
Specifications. any related Work performed prior to ENGI.
NEER's review and approval of the pertinent submission will
be the sole expense and responsibilitY of CONTRACTOR.
ContinUing the Work:
6.29. CONTRACTOR shaJI carry on the Work and adhere
10 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 a.s CONTRA.CTOR and
OWNER may otherwise agree in writing.
llllitmnification:
6.30. To the fullest extent permitted by Laws and Regu.
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims. dam'ages. losses and
~x~enses. direct. indirect or consequential (inCluding but not
limited to fees and charges of engineers. architects. attorneys
and other professionals and court and arbitration costs) aris.
ing out of or resulting from the perform,ance 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 loss of use resulting therefrom and
(b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR. any Subcontractor. any person
or organization directly or indirectly employed by any of them
to perform odurnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
by or is imposed by L.aw and Regulations regardless of the
negligence of any such party.
6.31. In any and all claims agail1S1 OWNER or ENGI-.
NEER or any of their consultants. agents or ~mployees. by
any employee of CONTRA.CTOR. any Subcontractor. any
person or organization directly or indirectly employed by any
of them to perfonn or furnish any of the Work or anyone for
whose acts any of them may be liable, the indemnification
obligation under paragraph 6.30 shaJl noc be lirnited in any
way by any limitation on the amount or type ;,f damages. .
compensation or benefits payable by Of 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 CONT'J\ACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants. agents or employees arising OUt
of the preparation or approval of maps, drawings. opinions,
reports. surveys. Change Orders. designs or specifications.
ARTICLE 7-OTHER WORK
Re/.a.ud Work a1 Sue:
7.1. OWNER may perform other wo rk related [0 t.he Proj-
ect at the site by OWNER's own forces. have other work
perfonned by utility owners or let otherdirectconrracts therefor
which shall coiltain 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 thereof will be
given to CONTRACTOR prior to stal1ing any such other
work; and. if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRA.CTOR or
requires additional time and the panies are unable to agree
as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles 11 and 12.
7,'1. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER. if OWNER is performing the additional worle with
OWNER's employees) proper and safe access to che site and
a reasonable opportunity for the introduction aod storage of
materials and equipment and the execution of such work, and
shall properly connect and coordinate the Work with theirs.
CONTRAcrOR shall do all cutting, fitting and patching of
the Work that may be required to make its several pans come
together properly and integrate with such other work. CON-
'0
TRACTOR shall not endanger any work of others by cutting.
excavating or otherwise altering their work and will only cut
or alter their work with the written consent o(ENGINEER
and the uthers whose work will be affected. The duties and
res ponsibililies of CO NTRACTOR under th is paragraph are
for (he benefit of such utility owners and other contractors
to the extent that there are comparable provisions tar the
benent of CONTRACTOR in said direct contraclS between
OWN ER and such utility owners and other contracrors.
7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner ror OWNER). CONTRACTOR
shall inspect and promptly report ro ENGINEER in writing
any delays. defects or deficiencies in such work rhat render
it unavailable or unsuitable for such proper e:~ecution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the O[her work as fit and proper for integra-
lion with CONTRACTOR's \Vork except for latent or non-
apparent defects and deficiencies in toe other work.
Coordination:
7.4. If OWNER contracts with others for the perfor-
mance of other work on the Project at the site. the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions.
and the specific malters co be covered by such authority and
responsibility will be itemized. and the extent of such author-
ity and res ponsibilities will be provided. in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions. neither OWNER nor ENG INEER shall have anv
authority or responsibility in respect of"such coordination. .
ARTICLE8--0WNER'S RESPONSIBILITIES
8.1. OWNER shall issue all communications co CON-
TRACTOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that ofrhe former
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
8.3. OWNER shaH fumish the duta required of OWNER
under the Concract Documents promptly and shall mnke pay-
ment.s to CONTRACTOR promptly after they are due as
prOVided in paragraphs [4.4 and 14.13.
8.4. OWNER's duties in respect of providing lands ~nd
ea:ements and providing engineering surveys to establish
reterence poincsare set forth in paragraphs 4.1 and 4.4. Para-
graph -1.2 refers to OWNER's identifying and making avail-
able to CONTRACTOR copies ofreporrs of explorations and
tests of subsurface conuitions at the site and in existing strue-
';-" .
ttlres which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to e.~ecute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections. tests and approvals is set forth in paragraph JJA.
8.8. [n connection with OWNER.'s right to stop Work or
suspend Work. see paragraphs IJ.IOand 15.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STA1US DURING
CONSTRUCTION .~
Owners Representative:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties andresponsibilities
and the limitations of authority of EN G INEER as OWNER's
representative during construction an set forth in the Con-
tract Documents and shall not be ex. tended without written
consent of OWNER and ENG INEER.
Virus to Site:
9.2. ENGINEER will make visits 10 the site at intervals
appropriate to the various stages of construction to observe
the progress and quality of the ex.ecuted Work and to deter.
mine, in general. if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required
to make exhaustive or continuous on-site inspections 10 check
the quality or quantity of the Work, ENGrNEER's efforts
will be dire.eted toward providing for OWNER a greater degree
of confidence [hat the completed Work will conform to the
Contract Documents. On the basis of such visits and an-site
observlltions as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed of the prog-
ress of [he Work and will endeavor to guard OWNER against
defects and deficiencies in the Work.
Project Represenlarion:
9.3. If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties. responsibilities und limitations of authority of any
$uch Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWN ER at the site
who is not ENGINEER's agent or employee. the duties.
responsibilities and limitutians of authoril y of such other
person will be as provided in the Supplementary Conditiun5.
19
CliJ.rifi c~ ru and lnurp rt laJio f\.1 :
9.4. ENGINEER. will issue with reasonable promptness
such written clarifications 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 the Contract Documents,lfCONTRACTOR
believes that a wrinen 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 Ankle II or An:icle 12.
AuJJroriud VarolUians in Work:
9.5. ENGrNEER may authorize minor variations in the
Work from the requirements of the Concract Documents which
do noc 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 be:lieve~ that a Field Order
justities an incre~e in the Contract Price or an extension of
the Conrract 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 II or 12.
Rejecting Dtftctiy~ Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believe~ to be defective. and
will also ha ve: authority to require special ins pection orresting
of the Work as provided in paragraph 13.9. whether or not
the Work is fabricated, installed or completed.
Shop Drawings) Cluutge Ord4rs arui PaymerrlI:
9.7. In connection with ENGINEER's responsibility for
Sho~ Drawings and samples. see paragraphs 6.13 through
6.29 InclUsive,
9.8. In connection with ENGINEER's responsibilities as
to Change Orders. see Anieles 10. 11 and 12.
9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment. etc.. see Article 14.
Dtttnnin.a.Jio/u for UrriJ Prices:
9.10. ENGINEER will determine the actual quantities
and c/assiiications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinacions on such matters
bef~re rendering a written decision thereon (by recommen-
dauon of an Application for Payment or othef\lolisel. ENGI-
NEER's written decisions thereon will be tinal and binding
upon OWNER a.nd CONTRACTOR. unless, within ten days
after the date of any such decision. either OWNER or CON-
TRACTOR delivers Co the ocher pan:y to the Agreement and
to ENGlNJ;::ER written notice of intention to appeal from
such a decision.
Dtcisioru on Dispuus:
9.11. ENGINEER wiJI be the iniLial 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
perraining lO the performance and furnishing of the Work and
claims under Article~ II and [2 in respect of changes in che
. Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal deci~ion
in accordance with this paragraph, which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim, dispute and other matter will be delivered
by the claimant to ENGINEER and the other party co the
Agreement promptly (but in no event later than thin:y days)
after che occurrence of the event giving rise thereto. and
written suppon:ing data will be submitted to ENG~EER and
the ocher pany within sixty days after such occurrence unles~
ENGINEER allow~ 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. ENOINEER will not show par-
tiality to OWNER or CONTRACTOR and will noe be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant co paragraphs 9.10 and 9. J 1 with respect
to any such claim, dispute or other matter (except any which'
have been waived by the making or acceptanc'e of final pay-
ment ~ provided ih paragraph 14. 16) will be a condition
precedent to any exercise by OWNER or. CONTRACTOR
of such rights or remedies as either mayothe~ise have under
the Contract Documents or by Laws or Regulaeions in respect
of any such claim. dispute or other matter.
LimiuuiOTlS on ENGINEER'r R~sporuihi1iJitr:
9.13. Neither ENOINEER's authority to act under this
Arricle 9 or elsewhere in the Contract Documen [s nor any
decision made by ENG INEER in good faith either to exercise
or not exercise such authority shall give rise [0 any duty or
responsibility of ENGlNEER to CONTRACTOR. any Sub-
contractor, any Supplier, or any other person or organization
performing an y of the Work, or to any surety for an y .of them.
9.14. Whenever in the Contract Documents che terms "as
ordered", "as directed", "a~ required", "as allowed", "as
approved" or terms of like effect or impon: are used, or the
adjectives" reasonable". "suitable". "accepLable". .. proper"
or "sacisfactory" or adjectives of like effect or impon are
used to describe a requirement. direction. review or judgment
of ENGINEER as to [he Work. it is intended that such
requirement. direction. review or judgment will be solely to
evaluate che Work for compliance with the Contract Docu-
ments (unless there is a ~pecitic statement indicating other-
wise), The use of any such lerm or adjectiveshaJl not be
.."
effective to assign to ENGIN EER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility Contrary
[0 the provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for CON-
TRACTOR's rneam. methods. techniques. sequences or pro-
cedures of construction, or the safety precautions and pro-
grams incident thereto. and ENGIN EER will not be respon-
sible for CONTRACTOR's failure to perfonn 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. WithoutinvaJidating the Agreement and without notice
to any surety, OWNER may, at any time or from time to
time. order additions. deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall promptly proceed with the
Work involved which will be perfonned under the applicable
conditions of the Contract Documents (e,xcept as otherwise
specifically provided).
10.2. If OWNER and CONTRACTOR are unable co agree
as to the' extenr. if any. of an increase or decrease in the
Contract Price or an e:nension or shortening of the Contract
Time that should be allowed as a.result of a Work Directive
Change. a claim may be made therefor as provided in Article
II or Article 12.
IO.J. . CONTRACTOR shall not be entitled to an increase
in the. Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended. modified nnd supple-
mented us provided in paragraphs 3.4 and 3.5. exc~ptinlhe
case of an emergency as provided in paragraph 6.22 and
e,xcept in [he case of uncovering Work as provideu in para-
graph 13.9.
10.4. OWN ER and CONTRACTOR shall e,xeCUte appro-
priate Change Orders (or Written Amendments) covering:
JO.~.I. changes in the Work which are ordered by
OWN ER pursuant to paragraph 10.1. are requin:u because
of acceptance of rJej~C'til'e Work under paragraph 13.13 ur
correcting "t~rt!Clit'e Work under paragraph 13.1.1. or :.Ire.
:.Igre cd to by I he parties:
IDA.:!. changes in the Contract Price or Cuntract Time
which are ugn:~u 10 by the purties: anel
0._.'-:
'10.4.3. changes in the Contract Price or Contract Time
which embody the substance of !lny written decision ren-
dered by ENGfNEER pursuant to paragraph 9.1 I:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documen ts and applicable
Laws and Regulations. but during <Jny such appeal. CON-
TRACTOR shall carryon the Work and adhere to l~e prog-
ress schedule as provided in paragraph 6.29.
10.5. [f notice of any change alfecting the genera! scope
of the Work or the provisions of the Contract Documents
(including, but not limited to. Contract Price or Cont.ract .
Time) is required by the provisions of any Bond [0 be given
to a surety. [he giving of any such notice will be CONTRAC-
TOR's responsibility, and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE ll-CHANGE OF CONTRACT RRICE
11. 1. The Contract Price constiCutes the local compen-
sation (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties. responsibil-
ities and obligations assigned to or undertaken by CON-
TR.A..CTOR shall be at his cxpense without change in the
Contract Price.
11.2. The ConLract 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 shalI" be based on wrircen
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (butin no eve.n~ late: than
thirty days) after the occurrence of [he event glvlng nse to
the ~laim 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 wril1en statement that the amount
claimed Covers all known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as aresult.of the
occurrence of said event. All claims for adjustment In the
ContraccPrice shall be determined by ENG IN EER in accor.
dance with paragraph 9. II if OWNER and CONTRACTOR
cannot otherwise agree on the amount involved. No claim
for an adjustment in the Contract Price will be valid if nOl
submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Contract
Price sh~lI be determined in one of the following ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents. by.applica-
tion of unit price~ to [he quantities of the items involved
(subject to the provisions of paragraphs 11.9.1. through
11.9.J. inclusive).
21
I i.J.l. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with para.graph 11.6.2. I).
1 i.J.3. On the basis of [he Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and prollt (deter-
mined as provided in paragraphs 11.6 and 11.7),
Cost of till Work:
II. 4. The rerm Cost of rhe Work means the sum of all
COsls necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by 0 WN ER. such costs shall be
in amounts no higher than those prevailing in the locality of
the Project. shall include only the following items and shall
not include any of rhe coses itemized in paragraph 11.5:
11.4.1. PayroH COstS for employees in the direct employ
of CONTRACTO R in rhe performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. PayroLl costs for employees not
employed full time on the Work shall be apponioned on
the basis of their time spen t on the Work. Payroll costs
shall include. but not be limited to, salaries and wages
plus the cost of fringe benelits which shall include social
security con[Jibutions. unemployment. excise and payroll
taXes. workers' or workmen's compensation, health and.
retirement benefits, bonuses. sick leave. vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours. on Satur-
. day, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
11..4.2. Cost of ail 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. All cash discounts.shall
accrue to CONTRACTOR unless OWNER deposils funds
with CONTRACTOR with which to make payments, in
which case the cash discounts shall accrue to OWNER.
All trade discounts, rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so chat they may be obtained,
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by. Subcontractors.
If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine. with the advice of ENGINEER. which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis o[Cost of the
Work Plus a Fee. the Subcontractor's Cost of the Work
shall be determined in the same manner as CONTRAC.
TOR's COSt of the Work. All subcontracts shall be subject
n
to the other provisions of the Con trac t Documents insofar
as applicable.
11.4.4. Costs of special consullan ts (including but not
limited co engineers. architects. tes ting laboratories. sur.
veyors. attorneys and accountants) employed for services
specillc.a1ly related 10 the Work.
1 I .4.5. Supplemental costs including the following:
11.4.5.1. The proponion of necessary transporta-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in dischaT&e of duties con-
nected with the Work.
11.4.5 .~. Cost. including transportation and main-
lenance. of all materials. supplies. equipment. machin.
ery) appliances. office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the Work. and cost
less market value of such items used but nc# consumed
which remain the propeny of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental
agreemenls approved by OWNER with the advice of
ENGINEER. and the costs of tnr!sportation, loading,
unloading, installation. dismamling and removal
l.hereof-all in accordance wiih tems of said rental
agreements. The rental of any such equipment, machin-
ery or pans shall cease when the use thereofis no longer
necessary for the Work.
11.4.5.4. Sales.. consumer. use or similar taxes
related 10 the Work. and for which CONTRAcrOR is
liable. imposed by Laws and ReguJations.
11.4.5.5. Deposits lose for causes other than negli-
gence of CONTRACTOR. any Subcontractor or any-
one directly or indirectly employed by any of them or
(or whose acts any of them may be liable. and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses). not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRACTOR
in connection with che performance and furnishing of
the Work (except losses and damages within the
deduclible 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 emplo yed by any of them
or" for whose aces any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such los~es,
damages and expenses shall be included in the Cost of
the Work for the purpose of delennining CONTRAC-
TOR's Fee. If. however. any such loss or damage
requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTR;\CTOR shall be paid for
services a f~e propurtionate [0 that stated in paragraph
, 1.6.2.
11.-t.5.7. The CO.~I of utilities. r'ue! and sanitary
f;Jcililies ;Jl the site.
II A.5.8. ~linor e.~penses such ;JS telegr;Jms. long
distance telephone c:.Jlls. telephone service at {he site.
expressage and similar perty l::J.sh items in connection
with the Work.
11.-1.5.9. Cost of premiums ror additional Bonds
aOlI insurance requireu because ofchunges in (he Work
and premiums for property insurance coverage within
the limits of the deductible amounts established bv
OWNER in accordance with paragraph 5.9. .
11.5. The term COSt of the Work shall not include any of
Ihe following:
11.5. I. Puyroll costs and ocher compensaiion Of CON.
TRACTOR's officers. e.xecutives. principals lor purener.
ship and sole proprietorships). general managers. engi.
neers. architects. estimacors. at[Qrneys. auditors. accoun-
r~nts, purchasing and contracting' agents. expeditors.
umekeepers. clerks and other personnel employed b~'
CONTRACTOR whether at the site or in CONTRAC.
TOR's principal or a branch office for general administra-
tion of the Work and not specifically included in rheagreed
upon schedule of job classific<1tions referred to in para-
graph 1104. I or specifically co vered by paragraph 11.4.4-
a/l of which are to be considered administrative costs
covered by the CONTRA.CTOR's Fee.
11.5.2. E.~penses ()f CONTRACTOR's principal and
branch offices other than CONTRACTOR's Llt'tke at the
site.
11.5 J. ..-\ny pare of CONTR..-\CTOR's capiml expenses.
inClUding interest on CONTRACTOR'S capital employed
for the Work and charges <1gainst CONTRACTOR for
delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance Whether or not CONTRACTOR is required by
the Contrnet Documents to purch<1se and maint<1in the
snme (e.xcept for the oost of premiums covered by sub.
paragr<1ph 11.-U.9 above).
11.5,5. Costs due to (he nel!iillenee of CONTRAC-
TOR. nny SubCOnlmL:tor. or anY~n~ Jirectly or indirectly
employed br any of I;'~m or for \Vho~e nClS any of them
mny be linhle. ;n-:!'.IlJinl; but notlimi{eJ to. the ~om:ction
of dl:'j"l iii, \':ur~. Jispos<i1 Llf murerials or equipmenr
wrongly Sll, -d i~.. ~ "1aking good any damage' co prop-
ert~. .
1I,~.6. Other overhead or general expense costs Llf
any kind and the Costs uf :lny item not specinca/ly nnu
expressly illdudetJ in paragraph 11.-1.
CONTRACTOR's Fee;
11.6, The CONTRACTOR's Fee allowed to CONTRAC,
TOR for overhe<1u and profit sh<1l! be determined as follows:
11.6.1. ;J mutually acceptable fixed fee: or if none can
be agreed upon,
11.6.2. a fee based on the following percentages ofche
v<1rious portions of the Cost of the Work:
11.6.2: I. for costs incurred under parngrnphs 1104.1
and II.-I.~. the CONTRACTOR's Fee shall be fifteen
percent:
11.6.2.2. forcosts incurred under paragraph 11.4.3.
the CONTRACTOR's Fee shall be f.vepercent: and if
a subcontr<1ct is on the b<1sis of Cost of the Work Plus
a Fee. the ma:<imum <1J1owable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
'.
.'
11.6.2.3, no fee shall be payable on the basis of
com itemized under paragrnphs 11.-1.-1. II A.S and 11.5:
I J .6.2.4. the amount of credit (0 be allowed by
CONTRA.CTOR CO OWNER for any such change \~:hich
results in n net decrease in cost will be the amount of
the actual net decrease plus <1 deduction in CONTRAC-
TOR's Fee by an amount equal to' ten percent of the
net decrease: and
11.6.2.5. when both additions and credits are
involved in anyone change. the adjustment in CON.
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11.6.2.1
through 11.6.2A. inclusive,
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraph 11.-1 or 11.5. CONTRACTOR will
submit in t'orm acceptable to ENGINEER an itemized cost
breakdown cogether with suppot1ing data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included'
in the Contract Price all allowances so named in the Contract
Documents and shull C<1use [he Work so covered to be done
by such Subcontractors or Suppliers and for such sums within
the limit of the allowances us may be acceptable CO ENGI-
NEER, CONTRACTOR agrees th<1t:
11.8. I. The allowances include the cost to CON-
TRACTOR (Ies~ any applicable trade discounts I ot"mate-
rials and equipment required by the <1IJowances co be deliv-
ered at the site. and <111 applic<1ble taxes: nnd
11.8.2. CONTRACTOR'~ costs fur unloading ;Jnd
handling on the site. !ahor. installation costs. overhead.
profit anJ other e.'tpenscs contempluted for the allowances
have been included in the Contract Price and not in the
23
allowances. No demand for additional payment on account
of any thereof will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances, and the Contract Price shall be correspond-
ingly adjusted.
Unit Prne Work:
11.9.1. Where the Contract Documents provide that
all or part 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 quantities of items
of Unit Price Work are not guaranteed and are solely for
the pUrpose of comparison of Bids and determining an
initial Comract Price, Determinations of the actual quan-
tities and classifications of Unit Price Work pertormed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
11.9.2. Each unit price will be deemed to include an
amounr considered by CONTRACTOR to be adeqUate to
cover CONTRACTOR's overhead and profit for each sep-
arately identified item.
J 1.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and Significantly from the eHimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect [0 any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Article J J if the parties are
unable to agree as to the amount of any such increase.
ARTICLE 12~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 of the Corm-act Time shall be based on written
notice delivered by the party making the claim [0 rhe orher
party and co ENGINEER promptly (but in no evenr later than
: thirty days) after the OCCUrrence of the evenc Siving rise to
the claim and stating the general nature of the claim. Norice
of the eXrentof the claim with supporting data shall be deliv.
. ered within sixty days afrer such OCCUrrence (unless ENGI-
NEER allows an additional period of time [0 ascertain more
. accurate data in SUPPOI1 of the claimland shall be accom-
panied by the claimant's wrirten statement thar the adjust-
ment claimed is the entire adjustment to which the claimanr.
has reason to believe it is entirled 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 CONTRACTOR cannot otherv.-ise
. agree. No claim {or an adjustment in the Contract Time will
be valid if not submitted in accordance with the requirements
of this paragraph 12.1.
12.1, The Contract Time will be e:l:tended 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] 2.1. Such delays shall include. but not be limited ro,
acts or neglect by OWNER or others performing additional
worle as contemplated. by Article 7, or to fires. floods. Jabor
disputes. epidemics, abnormal weather conditions or acts o{
God.
12.3. All time limits stated in the Conrraci Documents
are of the essence of the Agreement. The provisions of this
Aniele'l:! shall not exclude recovery for damages (including
but not limited to iees and charges of engineers, architects.
attorneys and other professionals and court and arbitration
cOsts) for delay by either party. ;.
ARTICLE I}-WARRANTY AND GUARANTEE;
TESTS AI'lD INSPECTIONS:
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECfJVE WORK
Wamuuy alUi G lUUTUlUt:
13..1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work 'will be in accor-
dance with rhe Coneract Documents and will not be defeClivt.
Prompt notice of all defects shall be ~ven ro CONTRAC.
TOR. All defective Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13.
Acce:rs to Work:
13.2. ENGINEER and ENGINEER's representatives,
other representatives of OWNER. testing agencies and gov-.
emmental agencies with jurisdictional interests wili have access
to the Work at reasonable rimes for t.heir observation. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
Te:ru ami In:rptClions:
13.3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for all required inspections. tesrs or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or pal1 thereof) 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
"A
be responsible for and shaH pay all costs in connection with
any inspection or testing required in connection with OWN-
ER's or ENG IN EER 's acce ptance of a Supplier of materials
or equipment proposed to be incorporated in the Work. or of
materials or equipment submitled for approval prior to CON.
TRACTOR's purchase thereoffor incorporation in the Work,
The cost of all inspections. rests and approvals in addition to
the above which are required by rhe Contract Documents
shall be paid by OWNER (unless otherwise specified!.
13.5. All inspections. tests or approvllls other than those
required by Laws or Regulations of any public body havin~
jurisdiction shall be performed by organizations acceptabl~
to OWNER and CONTRACTOR lor by ENGI;-';EER if so
specified).
13.6. If any Work !includin~ the work of others) that is
to be inspected. tested or approv~d is covered without written
concurrence oJ ENGINEER. it must. if requested by ENG I.
NEER. be uncovered for observacion. Such uncovering shall
be at CONTRACTOR's expense unless CONTR.-\CTOR has
given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response [0 such notice,
. 13.7, Neither observations by ENGINEER nor inspec-
tions. tests or aporovals bv others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
Uncovering Work:
13.8. If any Work is covered contrary to the wrinen request
of ENGINEER. it must. if requested by ENGI~EER. be
uncol'ered for ENGINEER's observation :lnd replaced at
CONTRACTOR's e.xpense.
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others. CONTRACTOR. at ENGINEER's
request, sholl uncover. expose or otherwise make available
for ~bs~rvation. inspection ~r testing as ENGI~EER may
require. that portion of the Work in question. furnishing all
necessary labor. 'material and equipment. If it is found thut
such Work is dt!.ti:!Clin'. CONTRACTOR shallbe:lr:111 direct.
indirect ant.! consequentj~d cases 'of such unc~vering. expo-
sure. observation. inspection and testing :lnd of s;1tisfactory
reconstruction. (includi nil bu t not limited to fees and chanzes
of engineers. architects. ~ttorneys and other prot'essionaisl.
and OWNER shull be entitled to an :tppropriate Jecreasein
[he Contract Price. ant!. if the parties un: unabk to agree us
~o the ~moun[ thereof. ma!' make a claim therefor U~ provided
In ArClcle II. [f. hOllel'er. :=;uch WtJl"k is not t'Llund to be
c!/!.Ic'('ril'('. CO:-':TRAlTOR ,hull be allowet.! un incre:lse in
the CLlntr;ll:t Pl"i,-~ ."1" ..i\ ~.\,<:n~ion of the Contract Time. Llr
both, JirL:<.:rly attrilllllabl~ III such uncovering. <.:xposure.
observ;llilln. inspc.:ction. testinu unli reconstrucril'n: and. if
the pani~s are unable 10 ugre~ as [lJ the umount Llr extent
thereof, CONTRACTOR may make a claim therefor as pro-
vided in Articles 11 and 12.
Owner May Stop the Work:
13./0. If the Work is defeeti\'e, or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents. OWNER may order CONTRACTOR to S!OP the
Work. or any portion thereof. unciI 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 e,xercise this right for the benefit of CONTRACTOR or .
any other party,
Cornclian or Removal of Defectiye Work:
13.1 L Ifrequired by ENG[NEER. CONTRACTOR shall
promptly. as directed. either conecr all deftetil'e Work.
whether or not fabricated. installed or completed. or. if the
Work has been rejected by ENGINEER. remo.vc it from [he
site and replace it with nOlldefecril'e Work. CONTRACTOR
shaH bear all direct. indirect :lnd consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers. architects. attorneys and other profes-
sionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents. any
Work is found co be de/eefl're. CONTR.-\CTOR shall promptly,
. without cost to OWN-ER and in accordance with OWNER's
written instructions. either correct such de/ecri\'e Work. or.
if it has been rejected by OWNER. temove it from the site
and replace it with trondefecril'e Work. If CONTRACTOR
does not promptly comply with the terms of such instructions.
or in an emergency where delay would cause serious risk of
loss or damage. OWNER may have the defecth'e Work cor,
reeted or the rejected Work removed and replaced. and all
direct. indirect and consequential costs of sueh removal and
replacement (including but not limited to fees and charges of
engineers. architects. :lttorneys and other professionals) will
be paid by CONTRACTOR. In special circumstances where
a particular item of equipment is placed in continuous service
be'fore Substantial Completion of all the Work. the correction
period for that item may starr to run from an earlier date: if
so provided in the Spc:cifications or by Written Amendment.
Acceptance of Defectiye Work:
I J.l J. [f. instead of requiring correction or removal and
replacement of dl!.li:('ril'e Work. OWNER (and. prior to
ENGIN EER's recommenJation or final payment. a/so
ENGIN EER) prefers [0 accept it. OW}.iERmny d050. CON.
TRACTOR shall bc:ar all dirc:cl. indirect and consequential
25
costs attributable to OWNER's evaluation of and detenni-
nation to accept such defective Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges.of engineers. architects, attor.
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment. .a
Change Order will be issued incorporating the necessary revi.
sions in the Contract Documents with respect to the Work:
and OWNER shall be entitled to an appropnate decrease in
the. Contract Price. and. if the panies are unable to agree as
to the amount thereof, OWNER may make a claim therefor
as provided in Article [I. II the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
OWNER May CO/'7'ect Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after writte n notice of ENGINEER to proceed to correct and
. to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11. or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents, or if CON.
TRACTOR fails to comply with any other provision oC the
Contract Documents, OWNER may, after seven days' writ-
len 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 andremedial action. OWNER
may exclude CO NTRACTOR from all or part of the site) take.
possession of all or part of the Work. and suspend CON-
TRACTOR's . services related thereto. take possession of
CONTRACTOR's tools. appliances, 'constrUction equipment
and machinery at the site and 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'sreprcsen-
tatives. agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rightS and
remedies under this paragraph. All direct, indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRAcrOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Order will be issueQ incorporating the necessary revisions in
the Contract Documents with respect to the Work: and
OWNER shall be entitled to an appropriate decrease in the
Contract Price. and. if the parties are unable to agree as to
the amOUnt thereof. OWNER may make a claim therefor as
provided in Article 1 L 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 CONTRAcrOR's
defecrive Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in per-
formance of the Work attributable to the exercise by OWNER
of OWN ER 's rights and remedies hereunder.
ARTICLE I4-PA YMENTS TO CONTRACTOR AND
COMPLETION
Schldule of Yalues:
14. I. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for pro gress payments
and will be incorporated imo a form of Application for Pay.
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the numberof
units completed.
AppiU:aJion far Pro'{ress Paymtnl:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than orlce a month). CON.
TRACTOR shall submit to ENGINEER for review an Appli.
cation for Payment tilled out and signed by CONTRAcrOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested
.on the basis of materials and equipmerlt not 'inc~rporated in
rhe Work but delivered and suitably stored at the site or at
another location agreed to in writing, the Application for
Payment shall also be accompanied by a bill of sale. invoice
or other documentation warranting that OWNER has received'
the materials and equipment free and clear of 'aJlliens, charges,
securitY interests and encumbrances (which are hereinafter
in these General Conditions referred to as .. Liens "). and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein. all of which will be sat-
isfactorylo OWNER. The amount of. retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty afTitle:
14.3. CONTRAcrOR 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 aU Liens.
Review of ApplU:atians for Progress Paymenc:
14.4. ENGINEER will. within ten days after receipt of
each Application for Payment. either indicate in writing a
recommendation of payment and present the Application to
OWNER. or return the Application to CONTRAcrOR indi.
cating in writing ENG INEER' s reasons for refusing to rec-
ommend payment. In the latter case. CONTRAcrOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Applicalion for Pay.
ment with ENGINEER's recommendation. the amount rec-
ommended will (subject to the provisions of the last sentence
of p~ph ] 4. 7) become due and when due will be paid by
O~ERtoCONTRACTOR. (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 ENG IN EER to OWN ER. based on ENGI-
NEER's on-site observations of th~ Work in progress as an
experienced and qua/iRed design professionaLand on ENGI-
N EER' s review ur che Application for Payment and the"
accompanying data and schedules that the Work has pro-
gressed to the point indicnted: Chill. to the best of ENGI-
NEER's knowledge. infor~ation and belief. the quality of
(he Work is in accordnnce with th~ Contract Documents
(subject (0 an evaluncion of the Work as a functioning whole
priorro or upon Substantial Complerion. to the resulrs ofany
.subsequent tests cal/ed for in the Contract Documents. to a
final determination of quan tities and classifications for Unit
Price Work under paragraph 9.10. and co any other qualifi-
cations stated in the recommendation): and that CONTRAC-
TOR is entitled to payment of [he amount recommended.
However. by recommending any such paymenc ENG INEER
will noc thereby be deemed to have represented [hac exhaus-
cive or continuous on-site inspections have been made to
check the quality or [he quancity of che Work beyond the
responsibilicies specifically assigned to ENGINEER in rhe
Concract Documents or thac there ma v not be other matters
or issues between [he parties that might encicle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
wichhold paymenc to CONTRACTOR.
14.6. ENGINE.ER's recommendation of final payment
will conscicuce an additional repres~ntation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR's being entic/ed to final payment as set forth in paragraph
[4.13 have been fulfilled.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGINEER's opinion. it
would be incorrect to make such represent;Hions cO OWNER.
ENGINEER may also refuse to recommend any such pay-
ment. or. because of subsequently discovered evidence or
the results of subsequenc inspections or tests. nullify any such
payment previously recommended. co such extent as may be
necessary in ENGfN EER's opinion t~ pretecc OWNER f~o~
loss because:
14.7.1. [he Work is dejuril'e, or completed Work hils
been damag~~ requiring correction or replacement.
1-1.7.2. the Concract Price: has been reduced bv Writ-
ten Amendmenc or Change Order. .
14.7.3. OWNER has been required to correct d/!.f~('-
rit'e Work or complete Work in accordance wich paragraph
I3.J4.or
1-1.7.4. uf ENGINEER's actual knowledge of the
occurrence of any of the eVents enumerated in paragraphs
15.~. J through 15,2.9 inclusive.
OWNER may ret'use eo make payment of the full amount
recommended by ENG IN EER because claims have b~en
m~d~ againsc 0 WN ER on accuunc of CONTRACTOR 's per-
formance or furnishing of the Work or Liens have been filed
in con neccion wieh the Work or [here an: other it~ms entitling
OWN ER to a sec-off against the amount recommended. but
OWN ER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) staring the reasons for such
acrion.
Substantial Completion:
14.8. When CONTRACTOR considers rhe entire Work
ready for its intended use CO N"TRACTOR shall noeify
OWNER and ENGINEER in wricing that [he entire Work is
substanrially complete le,xcepr for icems specifically listed by
CONTRACTOR as incomplete) :l.nd request that ENGI-
NEER issue a certificate of SubSCiln!ial Completion. Within
a reasonable cime thereafter. OWNER. CONTRACTOR and-
ENGIN EER shall make an inspection of the Work co deter-
mine the status of completion. If ENG IN EER does not con-
sider the Work substantially complere. ENGINEER will notify
CONTRACTOR in writing giving che reasons rherefor. If
ENGINEER considers [he Work substantially complece.
ENGINEER will prepare and delivereo OWNER a centative
certificate of Substantial Completion which shall fi.x che date
of Substantial Completion. There shall be ~tached [0 the
certificate a tencative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipc of che tentative certificate during which CO make
writcen objection to ENGINEER as co any provisions of the
certificace or atcached lisL If. after considering such objec-
tions. ENGINEER concludes that the Work is not substan-
tially complete. ENGfNEER will within fourteen days after
submission of the tentative certificace {Q OWNER notify
CONTRACTOR in writing. stac'ing the reasons cherefor; If.
afcer consideration of OWNER's objections. ENGINEER
considers che Work subsrantially complete. ENG INEER will
within said fourteen days' execute and deliver to OWNER
and CONTRACTOR a definitive cmificace of Substantial
Complecion (with a revised lencativc: list of items to be com-
pleted or correctedl refleccing such changes from the ren"cative
certificate as ENG IN EER believes justified after consider.
ation of any objeccions from OWNER. At the time of deli very
of the tentacive certificate of Substantial Completion ENGI-
NEER wi!! delivereo OWNER and CONTRACTOR a written
recommendation as [0 division of responsibilities pending
final payment between OWNER and CONTRACTOR with
respect to security. operntion. safety. maintenance, he:lC.
utilities. insurance and warranties, Unless OWNER and
CONTRACTOR agree otherwise in wricing and so inform
ENGINEER prior to ENGINEER's issuing the: definitive
certificate of Substancial Completion. ENGIN EER's afore.
said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right 10 exclude CON-
TRACTOR from th~ Work after the date of Substantial C0m.
plecion. but OWNER shall allow CONTRACTOR reasonable
access co complete or correct icems on the tentative lisL
Partial Utili:.ation:
14.10. Use by OWNER of any finished parr of the Work.
IYhich has specifically b~c:n identified in the Cuntract Dl.l~u-
27
ments, or which OWNER, ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part of the Work that can be usea by OWNER without sig-
nificant interference with CONTRACfOR's performance of
the remainder of the Work. may be accomplished prior to
Substantial Completion of all the Work subject to the follow.
Ing:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees, CONTRACfOR will certifyro OWNER
and ENGINEER that said pan: of the Work is substantially
complete and request ENGINEER to issue a cerrificate of
Substantial Completion' for that part of the Work. CON.
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing Chat CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif.
icate of SUbstantial Completion for that pan of the Work.
Within a reasonable time after either such request. O\VNER.
CONTRACTOR and ENGINEER shall make an inspec-
lion of that parr of the Work to determine its s,atus of
completion. [fENGINEER does noteonsider that parr of
the Work to be substantially complete. ENGINEER ""';11
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. [[ENGINEER considers that pan: ofthe
Work to be substantially complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that parr of the Work and the
division of responsibiliry in respect thereof and access
thereto.
14.10.:. OWNER may at any time request CON-
TRACTOR in Writing to permit O\VNER to take over
operation of any such parr of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make ari inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation
as to the division of re~ponsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security, operation. safety, maintenance. utilities. insur-
ance - warranties and guarantees for that parr of the Work
which will become binding upon OWNER and CON-
TR.o\CrOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER), During such operation
and prior to Substantial Completion of such parr of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on' said list and to
complete other related Work.
14.10.3, No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements ofpa.ra.graph 5.1j in respect of property
insurance.
F inall n.sptction:
14.11. Upon wrinen notice from CO N1'RACTOR that the
entire Work or an agreed portion !.hereofi! complete. ENGI-
NEER wiU 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 def~ctiv!. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi.
ciencies.
FiIUJ! Applico.tUJn jor Paymtll1:
14.12. After CONTRACTOR has completed all such cor.
rections to !.he satisfaction of ENGINEER and delivered all
maintenance and operating ins01.lctions. sched\lles, guaran-
tees. Bonds. cerrificates of inspection. marke"d-up record
documents (as provided in paragraph 6.19) and other docu-
ments-all as required by the ContractDocumenl3, and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14,]6). CONTRACfOR
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 (or
in the Contract Documents, together with complete and legally
effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with ,he Work. In
lieu thereof and as approved by OWNER, CONTRACTOR
may furnish receipts or releases in full: an affidavit of CON-
TRACTOR that the releases and receipts include all labor.
services, material and equipment for which a Lien could be
filed. and that all payrolls. material and equipment bills, and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be respon-
sible, have been paid or otherwise satisfied: and consent of
the surety, if any, to final payment. If any Subcontractor .or
Supplier fails to furnish a release or receipt in full, CON.
TRACTOR may furnish a Bond or other collateral satisfac-
tory (0 OWNER to indemnify OWNER againsl any Lien.
Final Payment and Acctptana:
14.13. If. on the basis of ENGINEER's observation of
the Work during construction and final inspection. and
. ENGINEER's review of the final Application for Payment
and accompanying documentation--all as required by the
Contract [)ocuments. ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled. ENGI-
NEER will. within ten days after receipt of the final Appli-
cation for Payment. 'indicate in writing ENGINEER's rec-
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the Work
is acceptable subject [0 the provisions of paragraph 14.16.
28
Otherwise. ENG!NEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final payment.. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thirty days after presentation to OWNER of the
Application and accompanying documentation. in appropri-
ate form and SUbstance. and with ENG IN EER 's recommen-
dation and notice of acceptability. the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR. (In accordance with the
Georgia Prompt Pay Act).
14.14. If. through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms. OWNER shall. upon receipt of CON-
TRACTOR's tinal Application for Payment and recommen-
dation of ENGINEER. and without terminating the Agree-
ment. make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment. and if Bonds have been furnished as required in para-
graph 5.1. the written consent of the surety to the payment
of the balance due for that portion or"the Work fully com.
pleted and accepted shall be submitted bv CONTRACTOR
to ENGINEER with the Application for s~ch payment. Such
payment shall be made under the terms and conditions gov-
erning final payment. except that it shall not constitut~ a
waiver ()fclaims,
Contractor s Continuing ObligaJion:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress
or final paymencby ENG IN EER. nor the issuance of a cer-
tificate of Substantial Completion. nor any payment by
OWNER [0 CONTRACTOR under the Contract Documents.
nor uny use or occupancy of the Work or any pare rhereofby
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 14.13.
n~r any correction of defeclive Work by OWNER Ivill con-
Stitute an acceptance of Work not in accordance with the
Commct Documents or a release of CONTRACTOR's obli-
gation to perform che Work in accordance with the Contract
DOl:uments (except as provided in paragraph /4.16),
Waiver oj Claims:
I~. 16. The making and acceptance of final pa)'ment will
constitute:
1-+.16.1. a waiver of <111 claims bv OWNER against
CO?'iTRACTOR. except claims Grising from ~ns~([leLi
Lien). from d!!,k('li\'(' Work appearing after tinal inspec-
titln pursuant 10 pamgruph /4.11 ur from failure (ll campi)'
\\"ith.lhe Contract Dllcuments or the terms of all)' special
guarantees spel:ifieLi therein: however. it will ntl! consti-
tute a wail.'t::r hy OWNER of any rights in I'CSpcct llf
CONTRACTOR's continuing obligations under the Con-
tract Documents: and
14.16.2, a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE 15-SUSPENSrON OF WORK AND
TERM!NA TION
Owner May Suspend Work:
J5.1. OWNER may. at anytime and without cause. sus-
pend the Work or any portion .thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on ""hic h Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be aJlowe d 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 provideq.in Articles II
and 12.
Owner May Tenninaie:
15.2. Upon the occurrence of anyone or more of the
followin'g event.s:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title 11. United
States Code), as now or hereafter in effect. or if CON-
TRACTOR takes any equivalent or similar action by tiling
a petition or otherwise under any other federal or state
law in effect ai such time relating to the bankruptcy or
insolvency:
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
.hereafter in effect at the time of filing. or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law.in
effect at the time relating to bankruptcy or insolvency,:
15.2.3. if CONTRACTOR makes a general assignment
for the benent of creditors:
15.2.4. if a lrustee. receiver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authority to take charge
of property of CONTR.-\CTOR is for the purpose of
enforcing a Lien against such property or for th~ purpose
of general ~dminislra[ion of such pro perty for the benetit
ofCONTRACTOR's l:reLiicors;
. 15.2.5. if CONTRACTOR admits in writing an inabil-
ity co pay its debts gener,lily as they become uue:
15.2.6. if CONTRACTOR persistently fails ro perform
the Wurk in accl)rdant.:~ with the Cuntract Documents
29
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time):
15.1.7. if CONTRACTOR disregards Laws or Regu.
lations of any public body having jurisdiction:
15.1.8. jf CONTRACTOR disregards the authority of
ENGINEER: or
15.1.9. if CONTRACTOR otherv.tise violates in any
substantial way any provisions of the Contract Docu-
ments;
OWNER may. after giving CONTRACTOR (and the surety)
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the serv-ices
of CONTRACTOR. exclude CONTRACTOR from the site
a..nd take possession of the Work and ofaJl CONTRACTOR's
lools, 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 orconvers.ion), incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but whicn are stored elsewhere, and
linish the Work as OWNER lIlay deem expedienc. In such
case CONTRACTOR shall nO[ be entitled to receive any
further payment until the Worle 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 ocher professionals and court and arbitration COSts)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance. CONTRACTOR shall pay the
difference 10 OWNER. Such costs incurred by OWNER will
be approved as to rea:sonablene:\s bv ENGINEER and incor-
porated in a Change Order, bUl when exercising any rights
orrernedies underthis paragraph OWNER 5halJ not be required
to obtain tbe lowest price for the Work performed.
IS,). 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 liabil jty.
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 shall be paid for all Work e.'(ecuted and any
expense sustained plus reasonable [ennination expenses, which
will include, but not be limited to, direct. indirect and con.
sequencial coSts (including. but not limited to. fees and charges
of engineers. architects. attorneys and .other professionals
and court and arbitration com).
C on/rac!J:Jr May 5!J:Jp Work or T ermuuzu:
15.5. If, through no aC.t or fault of CONTRACTOR. the
Work is suspended for a period of more than nirrew days by
OWNER or under an order of court or other public authoricy I .
or ENGINEER fails to act on any AppUcation for Payment
wjthin thirty days after it is submitted, or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due, then CONTMCTOR may. upon seven
d:lY~' written notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER paymerH for all
Work executed and any expense sustained' plus reasonable
termination expenses. In addition and in Ueu of terminating
the Agreement" if ENGINEER has failed to act on an Appli-
cation for Payment or OWNER has failed to make any pay-
ment as aforesaid,. CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until paymencof all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.19 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements witb OWNER;
. [The remainder of this page was left blank intentionallY.J
30
ARTICLE 16--ARBITRATION
16.1 All claims, disputes and other matters in question betveen
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.)
~
~.~.'
~1
(This page was left blank intentionally,)
,
~
32
ARTICLE 17-MISCELLANEOUS
Giving Notk,:
17.1. Whenever any provision of the Con tract 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 linn or to an officer of the
corporation for whom it is inrended. or if delivered ac'or sent
by registered or certified mail. postage prepaid, to the last
business address known to the 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 last day of such period. If the last
day of any such period falls on a Saturday or Sunday or
on a day made a legaJ holiday by the law of the applicable
jurisdiction. such day wilJ be omined from the computa-
tion.
17.2.1. A calendar day oftwency-four hours measured
from midnight to the next midnight shall constitute a day.
General:
17.3. Should OWNER or CONTRAcrOR suffer injury
or damage co person or property because of any error, omis-
.;~..
sion or act of the.other party or of any of the other party's
employees or agents or orl1ers 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 l7.J shall
not be construed as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
.17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the parties hereto. and, in particular but without
limitation. the warranties. guarantees and obligations imposed
upon CONTRACroRbyparagraphs 6.JO. 13.1. 13.12. lJ.14,
14.3 and 15.2 and all of the rights and remedies available to -
OWNER and ENGINEER thereunder. are in addition to.
and are not to be construed in any way as a limitation of. any
rights and remedies availlible to any or all of them which are
otherwise imposed or available by Laws or Regulations. by
special warranty or guarantee or by other provisions of the
Contract Documents. and the provisions of this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with eacb particulli~uty. obliga-
tion. right and remedy to which they apply. All representa-
tions. warranties and guarantees made in ihe Contract Doc.
uments will survive .finaJ payment and termination or com-
pletion of the Agreement.
33
SUPPLEMENTARY CONDITIONS
1.1 OWNER'S LIABILITY & PROPERTY INSURANCE:
Section 5.5, 5.6, 5, 7, 5.8, 5.9, 5.10 of the General Conditions shall be amended as
follows:
No additional liability or property insurance will be purchased by Augusta-
Richmond Country for this project.
Current insurance coverage will remain in effect for the life of this Contract.
1.2 CONTRACTOR'S LIABILITY:
As indicated under Section 5.3 of the General Conditions, the Contractor's Liability
Insurance shall be in an amount not less than $200,000 for injuries, including accidental
death, to anyone person, and subject to the same limit for each person, in an amount not less
than $500,000 on account of one accident; and Contractor's Property Damage Insurance in
an amount not less than $100,000 for all property damage sustained by anyone person in any
one accident; and a limit of liability of not less than $200,000 for any such damage sustained
by two or more persons in anyone accident.
The contractor shall either (1) require each of his subcontractors to procure and to maintain
during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance.
of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the
activities of his subcontractors in his own policy.
1.3 SPECIAL HAZARDS:
The contractor's and his Subcontractor's Liability and Property Damage Insurance shall
provide adequate protection against the following special hazards:
(a) Work within the right-of-ways of the Augusta-Richmond County Road
System.
(b) Work within easements granted by property Owners in connection with
the construction of the project.
(c) Work in close proximity to eXlstmg water lines, telephone lines,
gas lines, other utilities and private structures contiguous to the job site.
1.4 TESTING LABORATORY:
All testing and laboratory work in connection therewith shall be performed by an
independent firm and paid for by the contractor. Copies of all test reports shall be forwarded
to Augusta Engineering Department. There will be no separate payment for this work.
SC - 1
Engineering Department
Storm Pipe Replacement- Good News Church
SC -2
Engineering Department
Storm Pipe Replacement- Good News Church
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.
~"
Western Surety Company
BID BOND
Bond No. 70469164
KNOW ALL MEN BY THESE PRESENTS, that we, CBH Construction, LLC, as Principal
(hereinafter called the "Principal"), and Western Surety Company,
P.O. Box 5077, Sioux Falls, SD 57117-5077(hereinafter called the "Surety"), are held and firmly
bound unto City of Augusta, Augusta, GA , as Obligee, (hereinafter called the "Obligee"), in the
sum of 10% of the greatest amount of the bid described below 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 firmly by these presents.
WHEREAS, the Principal has submitted a bid to Obligee for Storm Pipe Replacement, Good
News Church, Proiect Number 322-04-206822001.
NOW, THEREFORE, If the contract be timely awarded to the Principal and the Principal shall
enter into a contract with the Obligee in accordance with the terms of such bid or, in the event of
the failure of the Principal to enter into such a contract, if the Principal shall pay to the Obligee
the difference not to exceed the penalty hereof between the amount specified in said bid and the
next low bid received by the Obligee for the work covered by Principal's bid, then this obligation
shall be null and void, otherwise to remain in full force and effect.
PROVIDED, HOWEVER, neither Principal nor Surety shall be bound hereunder unless Obligee
prior to execution of the final contract shall furnish evidence in a manner and form acceptable to
Principal and Surety that financing has been firmly committed to cover the entire cost of the
project.
Principal
Western Surety Com
By t /
~
George Jeffrey Palmer
Attorney-in-Fact
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
J Richard Blanchard, Gerald A Armstrong, Jeffrey M Barrett, Francis P Meehan, George
Jeffery Palmer, Individually
of Augusta, GA, 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 16th day of January, 2008.
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WESTERN SURETY COMPANY
-;0~fI .-'.. 'd
Paul . Bru at, Semor Vice Presl ent
State of South Dakota
County of Minnehaha
} ss
On this 16th day of January, 2008, 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.
November 30, 2012
+~~~~~~~~~~~~~~~~~~~~~~~~+
: D.KRELL :
, . . . ... ,
:~NOTARY PUBLIC@:
, SOUTH DAKOTA ,
s . ,
+~~~~~~~~~~~~~~~~~~~~~~~+
Afld
~Publi'
My commission expires
CERTIFICATE
I, 1. Nelson) Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this 4th day of M:lrch , 2008 .
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WESTERN SURETY COMPANY
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~~
1. Nelson, AsSistant Secretary
Fonn F4280-09-06
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds, policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President) or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies) or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings) Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
/3,rJtF en -os 'f
BidlRFP /RFQ# 322 -0 v- zoc,,~221
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-10-91,
stating affIrmatively that the individual, fIrm, or corporation which is contracting with Augusta Richmond
County Board of Commissioners has registered with and is participating in a federal work authorization
program* [any of the electronic verifIcation of work authorization programs operated by the United States
Department of Homeland Security or any equivalent federal work authorization program operated by the
United States Department of Homeland Security to verify information of newly hired employees, pUrsuant
to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99-603], in accordance with the
applicability provisions and deadlines established in O.C.G.A 13-10-91.
The undersigned further agrees that, should it employ or contract with any subcontractor(s) in connection
with the physical performance of services pursuant to this contract with Augusta Richmond County Board
of Commissioners, contractor will secure from such subcontractor(s) similar verifIcation of compliance
with O.C.G.A 13-10-91 on the Subcontractor Mfidavit provided in Rule 300-10-01-.08 or a substantially
similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each
such verification. to the Augusta Richmond County Board of COrr:uIDssioners at the time the
subcontractor(s) is retained to perform such service.
E-Verify * User Identification Number
t6~ COV\<;tn"leJf LLL
500 or More
Please Check One. /
_'100 or more _ 100 or less_
Number of Employees
Company Name
Date:
BY: AuthorIzed Officer or Agent
(Contractor Signature)
_()W0~Y
Title of Authorized Officer or Agent of Contractor
~h y \ s H-) ULm.Cl\~
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
3nl
,200~
Notary Public
My Commis
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PLEASE RETURN WITH YOUR SUBMITTAL
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SUBCONTRACTOR AFFIDAVIT
By executing this affidavit, the undersigned subcontractor verifies its compliance with O.C.G.A. 13-10-91,
stating affirmatively that the individual, firm, or corporation which is engaged in the. physical performance
of services under a contract with Cv; \t LoV'Sty1.{ ct1U1 ttlC- on behalf of Augusta Richmond County
Board of Commissioners has registered with and is participating in a federal work authorization program*
[any of the electronic verification of work authorization programs operated by the United States Department
of Homeland Security or any equivalent federal work authorization program operated by the United States
Department of Homeland Security to verify information of newly hired employees, pursuant to the
Immigration Reform and Control Act of 1986 ([RCA), P.L. 99-603], in accordance with the applicability
provisions and deadlines established in O. C. G. A 13-10-91.
Please Check One;
E-Verify * User Identification Number
500 or More
100 or more 100 or less
Number of Employees '..
Company Name
BY: Authorized Officer or Agent
(Subcontractor Signature)
Date:
Title of Authorized Officer or Agent of Subcontractor
Printed Name of Authorized Officer or Agent
SUBSCRIBED AND SWORN
BEFORE ME ON THIS THE
DAY OF
,200_
Notary Public
My Commission Expires:
CBH Construction, LLC
678 Heggies Ridge Dr
Appling, GA 30802
706-309-9520
Attention: Augusta Georgia Procurement Department
1. CBH Construction has experience in storm water projects including
approximately 18,000 LF ofCPP and RCP for Mount Vintage Development for
golf course and road construction. The reference for this project would be Doug
Cheek, P .E. phone number given upon request.
2. CBH Construction has completed approximately $50,000 worth of storm water
projects for the Columbia County Storm Water Department. The reference for
these projects would be Jacques Palmer.
2. CBH Construction has completed approximately $250,000 of drainage projects
for Prince Grading, Inc. The reference for these projects would be Jon Prince.
a:;:$~~
March 3, 2008
April C. Colburn, CPA, LLC
339 Barnsley Drive
Evans, GA 30809
706-650-8292
To the Board of Directors
CBH Construction, LLC
678 Heggies Ridge Dr
Appling, GA 30802
I have compiled the accompanying balance sheet of CBH Construction) LLC as of October 31,
2007 and the related statements of income for the period then ended, in accordance with
Statements on Standards for Accounting and Review Services issued by the American Institute of
Certified Public Accountants,
A compilation is limited to presenting, in the form of financial statements, information that is the
representation of management. I have not audited or reviewed the accompanying financial
statements and. accordingly, do not express an opinion or any other form of assurance on them.
"
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December 17, 2007
ASSETS
CBH Construction, LLC
BALANCE SHEET
October 31, 2007
CURRENT ASSETS
GB& T Operating Account S 2,251,12
GB&T Tax Reserve 1,00
Accounts Receivable 60,68739
Equipment 693,678.75
Total Current Assets $ 756,618.26
PROPERTY AND EQUIPMENT
Total Property and Equipment
OTHER ASSETS
Total Other Assets
TOTAL ASSETS $ 756,618.26
See Accountants' Compilation Report
1
CURRENT LIABILITIES
Employee Receivable
G8&T Line of Credit
Payroll Liabilities
Total Current Liabilities
LONG-TERM LIABILITIES
Cat 287B-lSA02370
Cat 304CR-NAD02683
Cat 315CL-CJC04057
Cat 924G
Cat D3GLGP _BYR00780
Cat IT14G-KZN00634
Cat320DL-PHX00149
G8&T - John Deere Tractor
G8&T Ford 550
G8&T Ford 650
G8& T Strawblower
Total Long-Term Liabilities
Total Liabilities
STOCKHOLDERS' EQUITY
Owner's Capital
Net Income (Loss)
Total Stockholders' Equity
CBH Construction, LLC
BALANCE SHEET
October 31, 2007
LIABILITIES AND STpCKHOLDERS' EQUITY
s
s
$
S
$
$
TOTAL LIABILITIES AND STOCKHOLDERS' EQUITY
$
See Accountants' Compilation Report
2
s
-50.00
32,92067
4,252.88
37,123.55
36,790.24
21,563.25
112,387,02
81,700.00
47,089.71
80,339.03
162,640.56
908.07
7,355.94
15,188.32
4.422.05
570,384.19
607,507.74
-116.341.59
265,452.11
149,110,52
756.618.26
Revenue
Construction
Uncategorized Income
Total Revenue
Cost of Goods Sold
Total Cost of Goods Sold
Gross Profit
Operating Expenses
Advertising
Automobile Expense
Bank Service Charges
Cell phone
Certifications
Concrete
Concrete-blocks
Employee-safety items
Equipment Rental
Erosion control materials
Fuel
Hauling-Equipment
L./auling-material
Insurance
Interest Expense
Job Materials
Licenses and Permits
Lumber
Maintance-a uto&equipment
Miscellaneous
Office Supplies
Payroll Expenses
Professional Fees
Repairs
Sanitation
Septic tank materials
Silt Fence
Steel
Subcontractors
Taxes
Tools and Machinery
Travel & Ent
Uncategorized Expenses
Total Operating Expenses
Operating Income (Loss)
Other Income
Other Income
Total Other Income
Other Expenses
Other Expenses
Total Other Expenses
CBH Construction, LLC
INCOME STATEMENT
Ten Months Ended October 31, 2007
$
S
$
s
$
$
$
s
Income (Loss) Before Income Taxes
s
s
Net Income (Loss)
$
See Accountants' Compilation Report
1
621,088.81
103,385.69
724,47450
0.00
724,47450
2,923.79
3,336.32
66700
5,870.70
802.32
34,100.68
5,86408
822.99
37,017.84
29,312.88
25,613.32
5,670.00
19,840.00
27,863.84
17,383.58
26,666.74
739.20
43458
9,773.12
849.70
454.22
90,502.57
11,350.00
10,040.74
1,146.12
4,842.15
962.50
11.568.24
75,098.00
5,899.83
2,955.38
1,83608
12,141.43
484,349.94
240.124.56
25.023.00
25,023,00
-304.55
-304.55
265,45211
265,452.11
Abacare Land Design
Dr George Snelling
Hl!\IO Construction, LLC
.\like Gavalas
Prilll'e Grading
Quality Storm Water Solutions
TOT..\!.
CBH Construction, LLC
AIR Aging Summary
As of October 31, 2007
CIIITent J - 30 31 - 60 61 - 90 >90 TOTAL
0.00 0.00 0.00 0.00 1.900.00 1.900.00
0.00 0.00 0.00 0.00 8.075,00 8.(m.00
000 15.963.09 0.00 000 000 15.963.09
000 0.00 0.00 0.00 400.00 400.00
0.00 0.00 26.849.30 0.00 7.000.00 33.84930
0.00 0.00 000 000 500.00 500.00
0.00 15,963.09 26,84<J.30 0.00 17.875.00 60,687.39
For .\lanagement Purposes Onl)
SECTION P
PROPOSAL
~~7~g
I ~
Date:
Gentlemen: .
In compliance wiIh your invitation for bids daled ,;2/'& 'i , 2008, tbe 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:
STORM PIPE REPLACEMENT - GOOD NEWS CHURCH
PROJECT NUMBER: 322-04-206822001
In strict accordance with the Contract Documents and in consideration of the amounts shown on
the Bid Schedule attached hereto and toUj.ling: &' U
(); )(77 O,'Jt? 7/-/-n.-tS/.lA!D ~ ,..)Evr;.l\//7 NINe POLiJlri-5 '7 '-;;;z~
, (
DOLLARS ($
.,/ / " "7 C::::;:' 0 0
U) I c.. t.
)
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 guar~ntees required by the Contract Documents.
The undersigned hereby agrees that, if awarded the contract, he will commence the work within
lQ calendar clays after the date of written notice to proceed, and that he will complete the work
within 30 calendar days.
The undersigned acknowledges receipt of the following addenda:
Addendum Number:
f)'vOC/\JOt-vv! '1% (
AddiidU. m Date:
9- 22/0~ .
Re~ectfully submitted:
{/ JtJ /( C (,'/\1.;'7 i! it c: 7/ c/v
(Name of Firm) ,
{'?6 ;/F.(/../[S; f!iOC:~{: i)/l, r1 ;:;oU/l!'C~i (; /) 5"!i'ltJ 2
(Busines~Address), , II
i / <' /
By: L/; t! r;>-l "17 L- [:',"1 AJ j
Title: C:'ONt€.
P - 1
Engineering Department
Storm Pipe Replacement - Good News Church
--,
STORM PIPE REPLACEMENT - GOOD NEWS CHURCH
PROJECT NUMBER: 322-04-206822001
I
000-0000 ASPHALT PATCH TN 39 /(0, (t' C ;)r-;t/r: to 0
000-0000 ASPHALT OVERLAY TN 169 '/a '10 /1 'lLl'7,& "
I I
-=) 2'--0 <S;LS- D I Dc...:'
000-0000 DEMOLITION LS '- .) ,
()"; 0..:/
001-1000 FORCE ACCOUNT LS /0; OC.1 D, Ie; (y.) ()
500017 SOO, {;, e-
1150-1000 LS
/ ~ 90
~C> /5"tJO ( b~
207-0203 BACKFILL MA TERrAL CY 788
~ 0, '"
~)
301-5000 PORTLAND CEMENT CONC, , CLASS A CY 87 0< kf!J?f
550-1300 LF 415 55,:;2 :<% 285. 8'0
cJ. C' 0 O. C' (>
550-4236 FLARED END SECTION 36" SLOPED DRAIN EA
0.00 {J, C)c'
603-2012 STN, DUMPED RlPRAP,TP1, 12 IN SY 70
668-1100 CATCH BASIN, GP 1 EA 500(;" ~6D. <> D
3;)00. .(.1) {, L./ co, to
668-4300 STORM SEWER MANHOLE EA 2
P-2
Engineering Department
Storm Pipe Replacement - Good News Church
LUMP SUM CONSTRUCTION
STORM PIPE REPLACEMENT - GOOD NEWS CHURCH
PROJECT NUMBER: 322-04-206822001
(.,0
NOTE: List all Lump Sum Construction items in detail with associated costs. F AlLURE TO
PROVIDE THIS BREADKDOWN MAY DISOUALITY THE BID.
fJ/:;-"]V) 0 1.-/ i>o/J - fA tJ /N ~ i EY 15'11/116-
prf'E, ul./:>i{ 1771 /3'--E i--lt--LI
2 FotZ CE It {l c.ot[./J7-'- E !2-PS/OH t.:Nv' l;e.,?l; i7[t.11 t( S
-7if.::. /IlIS r {)oll1PAt} "7 1f.?AJ Tt?575'
3 7;?!/-JrC;:I<!.' (WYJvF7!.t?L - 1S1l/2/2 G"L5 51?NS'
,
4
5
6
7
8
9
10
11
12
13
14
15
16
~ c' u
$ -, 2S"iJr
/0 l;L,' 0 , I!:' l>
$ /
$ 500, t>v
$
$
$
$
$
$
$
$
$
$
$
$
$
TOTAL LUMP SUM AMOUNT $
/3, '7~Ot
,
Use additional sheets if needed.
P-5-A
Engineering Dept
Storm Pipe Replacement - Good News Church
GENERAL NOTES
ADJUSTING MINOR STRUCTURES TO GRADE:
This item consists of raising or lowering the upper portion of existing manholes, water valve
boxes, gas valve boxes or any other miscellaneous structures within the area of construction.
There will be no separate payment for this work unless shown as a separate pay item.
*Prior to any resurfacing the contractor shall identify and reference all structures so the
precise locations can be determined after resurfacing. This shall be done in the company of
the ARC Inspector. This shall be the first order of work where minor structures requiring
adjustment are included in the contract.
AGGREGATE SURFACE COURSE:
The item aggregate surface course is for use in inclement weather to facilitate the movement of
local traffic along roadway construction and to permit ingress and egress at drives. When used
for this purpose, Section 318, Georgia Standard Specifications, is modified to permit truck
dumping on unprepared and muddy sub grade. Section 318 is further modified to permit the use
of crusher run stone as described in Subsection 806.02.
The Contractor will have the choice of the following materials:
Graded Aggregate Subsection 815.01
Coarse Aggregate Size467 Subsection 800.01
Stabilizer Aggregate Type 1 or 2 Section 803
Crushed Stone Subsection 806.02
All materials to be used as directed by the Engineer.
AS-BUILT PLANS:
The Contractor shall furnish a complete, legible set of "as-built" plans, in good condition, to the
Project Inspector prior to the date of the Final Inspection. Such plans shall have all significant
changes marked in red. The Project Inspector shall review the marked plans for accuracy,
legibility, and completeness. After the Project Inspector approves and signs the redlined plans, a
qualified engineering firm, selected by the contractor, shall make arrangements to obtain the
original approved plans from the Engineering Department Office. After originals have "as built"
information incorporated, they shall be stamped and signed on the cover sheet by a Georgia
Registered Professional Engineer and returned to the Project Inspector for final processing. The
Project Inspector shall sign the as-builtsand place them in the permanent record files. There will
be no separate payment unless otherwise shown.
CASINGS:
All steel casings being installed across any roadway and/or right-of-way shall have the joints
continuously welded to obtain a watertight seal. The Contractor shall notify the Engineer when
welds are ready for inspection. Welded casings backfilled without the Engineer's approval shall
be uncovered for inspection at the Engineer's request.
COMPACTION:
All compaction shall be as defined in the current edition of Georgia department of Transportation
Specifications. Special attention shall be given to the backfill of minor structures (pipe, box
culverts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using
G - 1
approved tamps and soil layers of approximately 6 inches (loose measure) and in accordance
with Georgia Department of Transportation Standards 1030-D and 1401. Backfilling operations
of this nature shall not begin until the Contractor has on hand all equipment in good working
condition, and competent operators.
The backfilling of pipe and other minor structures shall be in accordance with Georgia
Department of Transportation Standard specifications, Current Edition. Backfilling with sand
using jetting and/or flooding will not be allowed in any case without the written permission of
the Engineer.
NOTE: When sand and jetting/flooding method is used the warranty for the backfilled
area is extended from 12 months to 24 months. A plan for the jetting/flooding shall be
submitted at the Pre-Construction Conference.
CONCRETE:
The Contractor shall have a slump cone on the project at all times when concrete is being placed.
He shall, in the Engineer's presence, perform slump tests as directed by the Engineer. Tests shall
be performed by qualified personnel with a properly cleaned slump cone. Allowable slumps are
2" minimum and 4" maximum. Class "A" concrete shall have a minimum of 611 lbs. Cement
per cubic yard. Class "B" concrete shall have a minimum of 470 lbs. Cement per cubic yard.
Concrete not meeting these requirements will be rejected by the Engineer.
NOTE: No concrete shall be placed until all required equipment such as slump cone, curing
compound and dispensor, etc., all in good working condition, are on the site. Inspectors must be
given a minimum one-hour advance notice. No concrete shall be placed without the Inspector
present unless otherwise directed by the Engineer. All concrete shall be placed during the
Inspectors normal working hours, 8:30 a.m. to 5:00 p.m. unless otherwise directed by the
Engineer. Formed surfaces shall receive finish immediately after removing forms. Forms shall
be removed as provided in Section 500 of GA.DOT Specifications.
CONSTRUCTION:
Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite curb, header
curb, etc.) shall be paid for in the unit price bid for curb and gutter unless otherwise noted.
At locations where new pavement is to be placed adjacent to existing pavement, without an
overlay, or where curbing is to be placed across paved parking lots, a joint shall be sawed on a
line to ensure pavement removal to be neat. Only those joints sawed in concrete pavement will
be paid for under the pay item-Sawed Joints. . . per Linear Foot.
Where curb and gutter is used and the shoulder elevations are higher than adjacent ground, the
actual direction of drainage runoff shall be determined by the Contractor. He shall make such
provisions as necessary to ensure that no ponding is caused by the new construction. He may
place additional fill to provide drain inlets. Compensation will be under the price bid for the
appropriate pay item. Driveway profiles may also be altered allowing the concrete pad to slope
down outside the back of the curb line not to exceed an algebraic difference of 0.07. This should
be used primarily on the high side of super-elevated curves. The Contractor should use caution
with standard variance and place special emphasis on hydraulic considerations.
G - 2
Engineering Dept
Storm Pipe Replacement - Good News Church
Engineering Dept
Storm Pipe Replacement - Good News Church
The Contractor shall provide borrow andlor waste pits for this project. All pits acquired for use
on this project shall be reclaimed in accordance with Subsection 107.23 and Section 160 of the
Standard Specifications and page PPA-1 of this document.
All storm drain pipe, side drain pipe, pipe culvert wing-walls, steps, retaining walls, curbs and
gutters, headwalls, all types of pavement, wooden structures, except those specifically shown as
a removal pay item will be removed as Clearing and Grubbing, Grading Complete, Grading
Per Mile on Lump Sum Construction..
Cut and fill slopes outside of clear zones may be adjusted on construction where necessary to
remain within the right of way.
Curb cut ramps in accordance with Standard 9031- Ware to be used at all street intersections on
this project.
Asphalt milling where specified for use on existing pavement that is to be resurfaced adjacent to
curb and gutter. Finished surface on asphalt pavement shall not exceed J;4" above the gutter line
as shown on Georgia Standard 9031-J.
CONSTRUCTION LAYOUT:
Construction layout work shall be performed by the Contractor. See Section 149 of the Standard
Specifications.
CONSTRUCTIONIUTILITY SCHEDULE:
The contractor shall prepare an overall Time-Logic Schedule that includes all major utility
relocations, proposed utilities, and construction activities. A detail schedule for utility relocations
from all utility companies shall be submitted to the contractor prior to the PreConstruction
meeting. The Contractor shall present this schedule at the Preconstruction meeting for
discussion. The schedule shall consist of the following:
1. The noted Responsible Agency for each activity (e.g., Contractor, Sub-Contractor, Utility
Company)
2. The ES-Early Start, EF-Early Finish, LS-Late Start, and LF-Late Finish dates.
3. The Project Critical Path.
4. Activity Durations.
After the Preconstruction meeting, the Contractor shall provide a revised schedule with all issues
and concerns addressed. The revised Time-Logic Schedule shall be color coded with respect to
responsibility, and shall be presented on D size paper (24" x 36")
The schedule shall be updated on a monthly basis displaying percentage of completion of all
activities. The project baseline and current date line shall appear on all updates.
The schedule shall be presented using Microsoft Project, Primavera softwares.
G - 3
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li.il
Engineering Dept
Storm Pipe Replacement - Good News Church
DESIGN ALTERATIONS:
The Commission-Council recognizes that various changes in design may be made as the project
progresses. Any requests for additional payment will be processed based on actual work in place
and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced
separately and no work shall be done on these items until approved, in writing, by the Engineer.
ENGINEER:
In all contract documents, specifications, supporting documents, etc., the term "ENGINEER"
means, and shall be deemed to mean, the Augusta-Richmond County Engineering Department
Director or his/her designated representative.
EROSION AND SEDIMENT CONTROL:
The Contractor shall be responsible for all soil erosion and sediment control practices.
All on-site erosion control shall comply with local Augusta Richmond County erosion and
sediment control ordinances. The cost of this work shall be included in the cost of Lump Sum
Construction unless shown as a separate pay item.
EXCESS MATERIAL:
All excess material is to be disposed of as directed by the Engineer or as noted in Sub-Section
107.23 of the Specifications and in accordance with page PP A-I.
FENCE:
All new fences called for on the plans and/or contract documents shall meet the requirements of
Section 643 of the Georgia Department of Transportation Standard Specifications, current
edition. New fence not meeting these Specs will be rejected.
In contracts, where remove and reset fence items are involved (either as pay items or as Lump
Sum Construction) all replacement fence shall be equal to or better than the existing fence as
approved by the Engineer. This means equal to or better than the original fence at the time of its
installation.
In accordance with Subsection 643.03D, the Contractor must furnish positive locking devices,
padlocks, and keys with all gate assemblies.
FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this project are to be
returned to the pre-existing shape and slope and then finished and dressed. No separate payment
will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown
as a pay item.
FLAGGING:
Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special
Provisions, and as required by the Engineer.
All Fla22ers shall meet the requirement of part 6F of the MUTCD Current Edition and must
have received training and a certificate upon completion of the training from a Department
approved training program. Failure to provide certified Flaggers as required above shall be
G - 5
Engineering Dept
Storm Pipe Replacement - Good News Church
reason for the Engineer suspending work involving the Flagger(s) until the Contractor provides
the certified Flagger(s).
Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket,
and shall use a Stop/slow paddle meeting the requirements of Section 6F -2 of the MUTCD
Current Edition for controlling traffic. The Stop/slow paddle shall have a shaft length of seven
(7) feet minimum. In addition to the stop/slow paddle, a Flagger may use a 24-inch square
red/orange flag as an additional device to attract attention. For night work, the vest shall have
reflectorized stripes on front and back.
Signs for Flagger traffic control shall be placed in advance of the flagging operation in
accordance with the MUTCD Current Edition. In addition to the signs required by the MUTCD,
signs at regular intervals, warning of the presence of the Flagger shall be placed beyond the
point where traffic can reasonably be expected to stop under the most severe conditions for that
day's work.
FOUNDATION BACKFILL MATERIAL. TYPE I:
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207
of the Standard Specifications. No separate payment will be made for this material or its
placement.
FOUNDATION BACKFILL MATERIAL. TYPE II:
Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and Section
207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the
Engineer. It shall also be used beneath all concrete box culverts. Quantities shall be measured
for payment in accordance with Georgia Standard 1030-D or as directed by the Engineer.
Payment shall be per cubic yard unless otherwise specified in the contract.
GRADES:
With the approval of the Engineer, grades may be field adjusted to provide for best drainage.
INFESTATION:
The entire project is considered to be within the limits of an insect infested area. . The
contractor's attention is called to the following sections of the Standard Specifications: (A) 155
Insect control (B) 893 Miscellaneous Planting Materials.
INSPECTIONS:
This project will be inspected by the Engineer or his Representative.
LANDSCAPING:
All the requirements of Section 702 of the Georgia Department of Transportation Specifications,
current edition, are applicable to this project except as follows: there will be no separate pay for
staking, including Perimeter Staking and for Spring Application of Fertilizer. All costs shall be
included in prices bid for Landscape Items. Bag grown plants are not acceptable.
MAILBOXES:
Existing mailboxes that are in conflict with the proposed construction shall be removed and
relocated. Where feasible the existing mailboxes and supports may be utilized as approved by
G - 6
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.
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Engineering Dept
Storm Pipe Replacement - Good News Church
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
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
G - 8
Engineering Dept
Storm Pipe Replacement - Good News Church
Engineering Dept
Storm Pipe Replacement - Good News Church
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
Specifications, of the Georgia Department of Transportation, current edition, which will be part
of this contract.
G - 9
This project is based on, and shall be constructed in accordance with, the State of Georgia
Department of Transportation Standard Specifications for Construction of Roads and Bridges,
current edition and any supplements thereto. All of these specifications shall be considered as
though fully contained herein. In cases where conflicts arise within these specifications, they
will be revised to resolve such conflict. Until the conflict is resolved, the interpretation of the
Engineer shall control the situation.
SPENDOUT SCHEDULE:
A SpendoutSchedule 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.
SUB-CONTRACTORS:
The Contractor shall furnish the official name, plus the name and telephone number of the 24-
hour emergency contact of all firms he proposes to use as Subcontractors in the work. This
information is to be furnished at the Preconstruction Conference. However, no work shall be
done on this project by a Subcontractor until the Contractor receives approval of his
Subcontractor(s) from the Engineer.
NOTE: All submissions shall include the following information for each Subcontractor:
1) Name of Subcontracting Firm
2) Description of Work To Be Done
3) Contact Person's Name and 24 Hour Phone Number
TESTING OF THE WORK:
The Contractor shall employ a qualified materials testing laboratory to monitor more fully the
quality of materials and work and to perform such tests as may be required under the contract
documents as conditions for acceptance of materials and work. THE ENGINEER MA Y
ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF
THE WORK.
All test results are to be submitted to the Engineer. No separate payment will be made for
employing the testing laboratory or any required tests.
TEST ROLLING:
Prior to placing any base course, the sub grade shall be test rolled on six feet centers using a
loaded dump truck or other equipment approved by the Engineer.
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.
G - 10
Engineering Dept
Stonn Pipe Replacement - Good News Church
The attention of the Contractor is specifically directed to Subsection 107.09 of the Standard
Specifications regarding barricades, danger, warning, and detour signs.
All temporary signs, barricades, flashing lights, striping and any other traffic control devices
required during construction of this project shall meet all requirements of the M.U.T.C.D.,
current edition, as directed by the Engineer and be furnished by the Contractor with payment in
accordance with Section 150.
The Contractor shall so conduct his operations that there will be a minimum of interference with,
or interruption of, traffic on the travelway. This applies to the initial installation and the
continuing maintenance and operation of the facility. At least one-lane, two-way, traffic shall be
maintained at all times unless approved otherwise by the Engineer. As a minimum, the
Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition
and Georgia Standard 9102.
The Contractor shall provide all temporary traffic control devices needed to safely direct traffic
through the construction area.
All temporary traffic control devices are to be placed in accordance with Georgia Department of
Transportation Standards and Specifications.
TRAFFIC DETOURS:
Where detours are required and in accordance with Section 150 of the Standard Specifications
and any Supplements thereto, the Contractor shall file for approval a detour plan of operation for
this project. This plan shall include details of staging and rerouting of traffic including estimated
length of time for use of the detours.
The Contractor shall so conduct his operations that there will be a minimum of interference with,
or interruption of, traffic upon and along the roadway. This applies to the initial installation and .
the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall
be maintained at all times unless approved otherwise by the Engineer. As a minimum, the
Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition
and Georgia Standard 9102.
UTILITIES:
All utility facilities except those owned by Augusta Utilities Department which are in conflict
with construction, not covered as specified items in the detailed estimate, are to be removed and
relocated to clear construction by the respective owners with the exception of Augusta Utilities
and Augusta Traffic Engineering unless added later to the contract as a supplemental item. All
"above ground" utility structures will be located asnear as possible to the right-of-way line.
The Contractor will not be paid for any delays or extra expense caused by utility facilities
obstructions or any other items not being removed or relocated to clear construction in advance
of his work.
All known utility facilities are shown schematically on the plans, and not necessarily accurate in
location as to plan or elevation. Utility facilities such as service lines or unknown facilities not
shown on the plans will not relieve the Contractor of his responsibility under this requirement
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Engineering Dept
Storm Pipe Replacement - Good News Church
Engineering Dept
Storm Pipe Replacement - Good News Church
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.
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THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK
BEGINS:
. (Contacts revised July 12,2007)
Atlanta Gas Light Company
1840 Wylds Road
Augusta, GA 30913
Phone: (706) 481-1452
Fax: (706) 481 -1495
Attn: Carl Corley
Bell South
3841 Wrightsboro Road
Augusta, GA 30909
Phone: (706) 228 -5203
Fax: (706) 855-1917
Attn: Austin Sapp
Knology of Augusta
3714 Wheeler Road
Augusta, GA 30909
Phone: (706) 364-1015
Fax: (706) 364-1011
Attn: Richard Strength
Comcast Communications
P.O. Box 3579
Augusta, GA 30904
Phone: (706) 739 -1865
Fax: (706) 733 - 6942
Attn: Kevin O'Meara
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Augusta Richmond County Utilities
360 Bay Street, Suite 180
Augusta, GA 30901
Phone: (706) 312-4132
Fax: (706) 312-4133
Attn: Russell Thies
Georgia Power
290 North Peachtree Street
P.O. Box 188
Lincolnton, GA 30817
(706) 836-0130
(706) 359-6115
Attn: Mr. Al Danner
Jefferson Energy Cooperative
P.O. Box 457
Wrens, GA 30833
Phone: (706)547-5019
Fax: (706) 547-5051
Attn: Mike Wasden
KMC Telephones
(706) 821 -2522
Attn: Dennis Norviel
Engineering Dept
Storm Pipe Replacement - Good News Church
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.
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Storm Pipe Replacement - Good News Church
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Rev. July I, 2003
April 15) 2004
October 11,2005
October 25, 2005
February 10, 2006
April 20, 2006
May 8, 2007
September 18) 2007
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA'
SPECIAL PROVISION
Section 150- Traffic Control
Add the following:
150.01 GENERAL
This section as supplemented by the Plans, Specifications, and Manual on Uniform Traffic
Control Devices (MUTCD) shall be considered the Temporary Traffic Control (TIC) Plan.
Activities shall consist of furnishing, installing, maintaining, and removing necessary traffic signs,
barricades, lights, signals, cones, pavement markings and other traffic control devices and shall
include flagging and other means for guidance and protection of vehicular and pedestrian traffic
through the Work Zone. This Work shall include both maintaining existing devices and installing
additional devices as necessary in construction work zones.
When any provisions of this Specification or the Plans do not meet the minimum requirements of
the MUTCD, the MUTCD shall control. The 2003 Edition of the MUTCD shall be in effect for the
duration of the project.
The Worksite Traffic Control Supervisor (WTCS) shall have a copy of Part VI of the MUTeD on
the job site. Copies of the current MUTCD may be obtained from the FHWA web page at
http://mutcd.fhwa.dot.gov.
A. WORKER SAFETY APPAREL
All workers exposed to the risks of moving roadway traffic or construction equipment shall
wear high-visibility safety apparel meeting the requirements of International Safety
Equipment Association (ISEA) American National Standard for High-Visibility Safety Apparel,
or equivalent revisions, and labeled as ANSI-2004 Class 2 or 3 risk exposure.
B. WORKSITE TRAFFIC CONTROL SUPERVISOR
ALL HIGHWAYS (ADDITIONAL REQUIREMENTS BELOW FOR INTERSTATES): The Contractor
shall designate a qualified individual as the Worksite Traffic Control Supervisor (WTCS) who
shall be responsible for selecting, installing and maintaining all traffic control devices in
accordance with the Plans, Specifications, Special Provisions and the MUTCD. A written
resume documenting the experience and credentials of the WTCS shall be submitted and
accepted by the Engineer prior to beginning any work that involves traffic control. The
WTCS shall be available on a twenty-four (24) hour basis to perform his duties. If the work
requires traffic control activities to be performed during the daylight and nighttime hours it
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may be necessary for the Contractor to designate an alternate WTCS. An alternate WTCS
must meet the same requirements and qualifications as the primary WTCS and be accepted
by the Engineer prior to beginning any traffic control duties. The Worksite Traffic Control
Supervisor's traffic control responsibilities shall have priority over all other assigned duties.
As the representative of the Contractor, the WTCS shall have full authority to act on behalf
of the Contractor in administering the TIC Plan. The WTCS shall have appropriate training
in safe traffic control practices in accordance with Part VI of the MUTCD. In addition to the
WTCS all other individuals making decisions regarding traffic control shall meet the training
requirements of the Part VI of the MUTCD.
The WTCS shall supervise the initial installation of traffic control devices. The Engineer prior
to the beginning of construction will review the initial installation. Modifications to traffic
control devices as required by sequence of operations or staged construction shall be
reviewed by the WTCS.
The WTCS shall be available on a full-time basis 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 regularly perform inspections to ensure that traffic control is maintained.
Unless modified by the special conditions or by the Engineer, routine deficiencies shall be
corrected within a twenty-four (24) hour period. Failure to comply with these provisions
shall be grounds for dismissal from the duties of WTCS and/or removal of the WTCS from
the project. Failure of the WTCS to execute his duties shall be considered as non-
performance under Subsection 150.08.
The Engineer will periodically review the work for compliance with the requirements of the
TIC plan.
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.
CERTIFIED WORKSITE TRAFFIC CONTROL SUPERVISOR
ADDITIONAL REQUIREMENTS FOR INTERSTATE AND LIMITED ACCESS HIGHWAYS:. In
addition to the requirements above, the WTCS shall have a minimum of one year's
experience directly related to work site traffic control in a supervisory or responsible
capacity. The WTCS shall be currently certified by the American Traffic Safety Services
Association (ATSSA) Work Site Traffic Supervisor Certification program or the National Safety
Council Certification program.
Any work performed on the interstate or limited access highway right-of-way that requires
traffic control shall be supervised by the Certified Worksite Traffic Control Supervisor. No
work requiring traffic control shall be performed unless the certified WTCS is on the
worksite. Failure to maintain a Certified Worksite Traffic Control Supervisor on the work will
be considered as non-performance under Subsection 150.08.
The WTCS shall perform, as a minimum, weekly traffic control inspections on all interstate
and limited access highways. The inspection shall be reported to the Engineer on a TC-1
report. The Engineer will furnish a blank copy of the TC-1 report to the Contractor prior to
the beginning of any work on the interstate or limited access right-of-way.
C. TRAFFIC CONTROL DEVICES
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All traffic control devices used during the construction of a project shall meet the Standards
utilized in the MUTCD, and shall comply with the requirements of these Specifications,
Project Plans, and Special Provisions. All devices shall be tested at NCHRP Test Level III.
Reference is made to Subsections 104.05, 107.07, and 107.09.
D. REFLECTORIZATION REQUIREMENTS
All rigid fluorescent orange construction warning signs (black on fluorescent orange) shall
meet the reflectorization and color requirements of ASTM Type VII, VIII, IX or X regardless
of the mounting height.
Portable signs which have flexible sign blanks shall meet the reflectorization and color
requirements of ASTM Type VI.
Warning signs (W3-1a) for stop conditions that have rumble strips located in the travel way
shall be reflectorized with ASTM Type IX fluorescent yellow sheeting.
All other signs shall meet the requirements of ASTM Type III or IV except for "Pass With
Care" and "Do Not Pass" signs which may be ASTM Type I unless otherwise specified.
CHANNELIZATION DEVICES: Channelization devices shall meet the requirements of ASTM
Type III or IV high intensity sheeting.
E. IMPLEMENTATION REQUIREMENTS
No work shall be started on any project phase until the appropriate traffic control devices
have been placed in accordance with the 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.
When any shift or change is made to the location of traffic or to the flow patterns of traffic,
the permanent safety features shall be installed and fully operational before making the
change. If staging or site conditions prevent the installation of permanent features then the
equivalent interim devices shall be utilized.
Any section of the work that is on new location shall have all permanent safety features
installed and fully operational before the work is opened to traffic. Safety features shall
include but are not limited to the following items:
1. Guardrail including anchors and delineation
2. Impact attenuators
3. Traffic signals
4. Warning devices
5. Pavement markings including words, symbols, stop bars, and crosswalks
6. Roadway signs including regulatory, warning, and guide
Outdoor lighting shall be considered as a safety feature for welcome centers, rest areas, and
weigh station projects. For typical roadway type projects new street lighting is not
considered a safety feature unless specifically noted in the plans or in the special conditions.
F. MAINTENANCE OF TRAFFIC CONTROL DEVICES
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Traffic control devices shall be in acceptable condition when first erected on the project and
shall be maintained in accordance with Subsection 104.05 throughout the construction
period. All unacceptable traffic control devices shall be replaced within 24 hours. When not
in use, all traffic control devices shall be removed, placed or covered so as not to be visible
to traffic. All construction warning signs shall be removed within seven calendar days after
time charges are stopped or pay items are complete. If traffic control devices are left in
place for more than ten days after completion of the Work, the Department shall have the
right to remove such devices, claim possession thereof, and deduct the cost of such removal
from any monies due, or which may become due, the Contractor.
G. TRAFFIC INTERRUPTION RESTRICTIONS
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, be needlessly
disruptive or unnecessarily inconvenience the traveling public. The Contractor shall suspend
and/or reschedule any work when the Engineer deems that conditions are unfavorable for
continuing the Work.
Advanced notification requirements to the Contractor to suspend work will be according to
the events and the time restrictions outlined below:
Incident management
No advanced notice required
Threatening/Inclement weather
24 hours
Holidays. sporting events,
unfavorable conditions
Three (3) calendar days
If the work is suspended, the Contractor may submit a request for additional contract time
as allowed under Section 108. The Department will review the request and may grant
additional contract time as justified by the impact to the Contractor's schedule.
Compensation for loss of productivity, rescheduling of crews, rental of equipment or delays
to the Contractor's schedule will not be considered for payment. Additional contract time will
be the only consideration granted to the Contractor.
H. SEQUENCE OF OPERATIONS
Any Sequence of Operations provided in this Contract in conjunction with any staging details
which may be shown in the plans, is a suggested sequence for performing the Work. It is
intended as a general staging plan for the orderly execution of the work while minimizing the
impact on the mainline, cross-streets and side streets. The Contractor shall develop detailed
staging and temporary traffic control plans for performing specific areas of the Work
including but not limited to all traffic shifts, detours, bridge widenings, paces, or other
activities that disrupt traffic flow. The Engineer may require detailed staging and TIC plans
for lane closures. These plans shall be submitted for approval at least two weeks prior to
the scheduled date of the activity. Activities that have not been approved at least seven (7)
days prior to the scheduled date shall be rescheduled.
Where traffic is permitted through the work area under stage construction, the Contractor
may choose to construct, at no additional expense to the Department, temporary on-site
bypasses or detours in order to expedite the work. Plans for such temporary bypasses or
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detours shall be submitted to the Engineer for review and approval 30 calendar days prior to
the proposed construction. Such bypasses or detours shall be removed promptly when in the
opinion of the Engineer; they are not longer necessary for the satisfactory progress of the
Work. Bypasses and detours shall meet the minimum requirements of Subsection
150.02.8.4.
As an option to the Sequence of Operations in the Contract, the Contractor may submit an
alternative Sequence of Operations for review and approval. The Department may consider
the Contractor's alternate Sequence of Operations as a Value Engineering Proposal as
defined by Subsection 104.08. A twenty calendar day lead time for the Department's review
shall be given to this submission so that a decision on its acceptability can be made and
presented at the Preconstruction Conference. Insufficient lead time or no submission by the
Contractor shall be construed as acceptance of the Sequence of Operations outlined in the
Contract and the willingness of the Contractor to execute this as-bid plan.
The Department will not pay, or in any way reimburse the Contractor for claims arising from
the Contractor's inability to perform the Work in accordance with the Sequence of
Operations provided in the Contract or from an approved Contractor alternate.
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 shall
supplement the approved traffic control plan. Any major changes to the approved TIC plan,
proposed by the Contractor, shall be submitted to the Department for approval.
Some additional traffic control details will be required prior to any major shifts or changes in
traffic. The traffic control details shall include, but not be limited to, the following:
1. A detailed drawing showing traffic locations and laneage for each step of the change.
2. The location, size, and message of all signs required by the MUTCD, Plan, Special
Provisions, and other signs as required to fit conditions. Any portable changeable
message signs used shall be included in the details.
3. The method to be used in, and the limits of, the obliteration of conflicting lines and
markings.
4. Type, location, and extent of new lines and markings.
5. Horizontal and vertical alignment and superelevation rates for detours, including cross-
section and profile grades along each edge of existing pavement.
6. Drainage details for temporary and permanent alignments.
7. Location, length, and/or spacing of channelization 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 be the minimum resource allocation required in order to start the work.
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http://tomcat2.dot. state.ga. us/thesource/pdf/special-provisions/shelf/sp 150 .html
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A minimum of three copies of 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.
I. COMPLIANCE DATES FOR PROVISIONS OF THE MUTCD:
Federal law requires that traffic control devices (temporary or permanent) installed on new
highway or bikeway construction or reconstruction shall be compliant with the latest version
of the MUTCD before the road is opened to the public for unrestricted travel. The latest
version of the MUTCD is the 2003 Edition, which the Georgia Department of Transportation
has adopted. However, the FHWA, in the introduction to the MUTCD has established
alternate compliance dates for some of the new provisions of the 2003 MUTCD. Below is a
list of those compliance dates. The Department may decide to require contractors to
implement some or all of these provisions at an earlier date than the compliance dates noted
below. However notice will be given in advance of the letting date if these provisiOns are to
be implemented prior to the compliance dates. The contractor may also decide to implement
the new provisions in the 2003 MUTCD earlier than required by the compliance dates below.
The target dates established by the FHWA shall be as follows:
Section 60.01 Pedestrian Considerations - all new provisions for pedestrian accessibility - 5
years from the effective date of the Final Rule for the 2003 MUTCD.
Section 60.02 Accessibility Considerations - 5 years from the effective date of the Final Rule
for the 2003 MUTCD.
Section 60.03 Worker Safety Considerations - high-visibility apparel requirements - 3 years
from the effective date of the Final Rule for the 2003 MUTCD.
Section 6E.02 High-Visibility Safety Apparel - high-visibility apparel requirements for flaggers
- 3 years from the effective date of the Final Rule for the 2003 MUTCD.
The effective date of the Final Rule for the 2003 MUTCD is December 22, 2003.
150.02TEMPORARY TRAFFIC CONTROL (rrC) ZONES:
A. DEVICES AND MATERIALS:
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
Portable advance warning signs shall be utilized as per the requirements of the
temporary traffic control plans. All signs shall meet the requirements of the MUTCD and
shall be NCHRP 350 crashworthy compliant.
2. Arrow Panels
Portable sequential or flashing arrow panels as shown in the Plans or Specifications for
use on Interstate or multi-lane highway lane closure only, shall be a minimum size of 48"
high by 96" wide with not less than 15 lamps used for the arrow. The arrow shall
occupy virtually the entire size of the arrow panel and shall have a minimum legibility
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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 for a Type C panel as
shown in the MUTCD. The sequential or flashing arrow panels shall not be used for lane
closure on two-lane, two-way highways when traffic is restricted to one-lane operations
in which case, appropriate signing, flaggers and when required, pilot vehicles will be
deemed sufficient.
The sequential or flashing arrow panels shall be placed on the shoulder at or near the
point where the lane closing transition begins. The panels shall be mounted on a
vehicle, trailer, or other suitable support. Vehicle mounted panels shall be provided with
remote controls. Minimum mounting height shall be seven feet above the roadway to
the bottom of the panel, except on vehicle mounted panels which should be as high as
practical.
For emergency situations, arrow display panels that meet the MUTCD requirements for
Type A or Type B panels may be used until Type C panels can be located and placed at
the site. The use of Type A and Type B panels shall be held to the minimum length of
time possible before having the Type C panel(s) in operation. The Engineer shall
determine when conditions and circumstances are considered to be emergencies. The
Contractor shall notify the Engineer, in writing, when any non-specification arrow display
pane/(s) is being used in the work.
3. Portable Changeable Message Signs
Portable changeable message signs meeting the requirements of Section 632 and the
MUTCD. Any PCMS in use that is not protected by positive barrier protection shall be
delineated by a minimum of three drums that meet the requirement of Section
lS0.0S.A.!. The drum spacing shall not exceed a maximum of ten (10') feet as shown in
Detail 150-PCMS. When the PCMS is within twenty (20') feet of the opposing traffic flow,
the trailing end of the PCMS shall be delineated with a minimum of three drums spaced
in the same manner as the approach side of the PCMS.
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II
umlLlf~~11
When not in use the PCMS shall be removed from the roadway unless protected by
positive barrier protection. If the PCMS is protected by positive barrier protection the
sign panel shall be turned away from traffic when not in use.
4. Channelization Devices
Channelization devices shall meet the standards of the MUTCD and Subsection 150.05.
S. Temporary Barrier
Temporary barrier shall meet the requirements of SectiQ.oJ>.?_Q,
6. Temporary Traffic Signals
Temporary traffic signals shall meet the requirements of Section 647 and the MUTCD.
7. Pavement Marking
Pavement marking incorporated into the work shall comply with Subsections 150.04.A
and 150.04.8.
8. Portable Temporary Traffic Control Signals
The use off Portable Temporary Traffic Control Signals shall meet the following minimum
requirements:
Only two-lane two-way roadways will be allowed to utilize Portable Temporary Traffic
Control Signals.
All portable traffic control signals shall meet the physical display and operational
requirements of conventional traffic signals described in the MUTCD.
Each signal face shall have at least three lenses. The lenses shall be red, yellow, or
green in color and shall give a circular type of indication. All lenses shall be twelve (12")
inches nominal in diameter.
A minimum of two signal faces shall face each direction of traffic. A minimum of one
signal head shall be suspended over the roadway travel lane in a manner that will allow
the bottom of the signal head housing to be not less than seventeen (17') feet above
and not more than nineteen (19') feet above the pavement grade at the center of the
travel lane. The second signal head may be located over the travel lane with the same
height requirements or the second signal head may be located on the shoulder. When
the signal head is located on the shoulder the bottom of the signal head housing shall be
at least eight (8') feet but not more than (15') feet above the pavement grade at the
center of highway.
Advance warning signage and appropriate pavement markings shall be installed as part
of the temporary signal operation.
The signals shall be operated in a manner consistent with traffic requirements. The
signals may be operated in timed-mode or in a vehicle-actuated mode. The signals shall
be interconnected in a manner to ensure that conflicting movements can not occur. To
assure that the appropriate operating pattern including timing is displayed to the
traveling public, regular inspections including the use of accurate timing devices shall be
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made by the Worksite Traffic Control Supervisor. If at any time any part of the system
fails to operate within these requirements then the use of the signal shall be suspended
and the appropriate flagging operation shall begin immediately.
The Worksite Traffic Control Supervisor (WTCS) shall continuously monitor the portable
traffic control signal to insure compliance with the requirements for maintenance under
the MUTCD. The signal shall be maintained in a manner consistent with the intention of
the MUTCD, with emphasis on cleaning of the optical system. Timing changes shall be
made only by the WTCS. The WTCS shall keep a written record of all timing changes.
The portable temporary signal shall have two power sources and shall be capable of
running for seven calendar days continuously.
The Contractor shall have an alternate temporary traffic control plan in the event of
failure of the signal.
9. RUMBLE STRIPS
Rumble strips incorporated into the work shall meet the requirements of Section 429 and
the MUTCD. Existing rumble strips that are positioned in the traveled way to warn traffic
of a stop condition shall be reinstalled based on the following requirements:
INTERMEDIATE SURFACES: Intermediate surfaces that will be in use for more than
forty-five (45) calendar days shall have rumble strips reinstalled on the traveled way in
the area of a stop condition. Non-refundable deductions in accordance with Subsection
150.08 will be assessed for any intermediate surface in place for greater than 45 days
without rumble strips.
FINAL SURFACES: Rumble strips shall be installed on the final surface within fourteen
(14) calendar days of the placement of the final surface in the area of the stop
condition. Failure to install within fourteen (14) calendar days will result in assessment
of non-refundable deductions in accordance with 150.08.
Prior to the removal of any rumble strips located in the travelway, stop ahead (W3-1a)
warning signs shall be double indicated ahead of the stop condition. These warning
signs shall be a minimum of 48 inches by 48 inches. The reflectorization ofthe warning
signs shall be as required by Subsection 150.01.e. These warning signs shall remain in
place until the rumble strips have been reinstalled on the traveled way. Any existing
warning signs for the stop ahead condition shall be removed or covered while the 48" X
48" (W3-1a) signs are in place. When the rumble strips have been reinstalled these
warning signs should be promptly removed and any existing signage placed back in
service.
10. GUARDRAIL: When the removal and installation of guardrail is required as a part of the
work the following time restrictions shall apply unless modified by the special conditions:
MUL TH.ANE HIGHWAYS: From the time that the existing guardrail or temporary
positive barrier protection is removed the Contractor has fourteen (14) calendar days to
install the new guardrail and anchors. During the interim, the location without guardrail
shall be protected with drums spaced at a maximum spacing of twenty (20') feet. The
maximum length of rail that can be removed at any time without being replaced with
positive barrier protection is a total of 2000 linear feet of existing rail or the total length of
one run of existing rail, whichever is greater.
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ALL OTHER HIGHWAYS: From the time that the existing guardrail is removed or from
the time that temporary positive barrier protection is removed the Contractor has thirty
(30) calendar days to install the new guardrail and anchors. During the interim, the
location without guardrail shall be protected with drums spaced at a maximum spacing of
twenty (20') feet. The maximum length. of rail that can be removed at any time without
being replaced with positive barrier protection is a total of 1000 linear feet of existing rail
or the total length of one run of existing rail, whichever is greater.
Based on existing field conditions, the Engineer may review the work and require that
the guardrail be installed earlier than the maximum time allowed above by giving written
notification to the Contractor via the TC-1 traffic control report.
Failure to comply with the above time and quantity restrictions shall be considered as
non-compliance under Subsection 150.08.
11. STOP SIGN REGULATED INTERSECTIONS: For intersections that utilize stop sign(s)
to control the flow of traffic and to restrict the movement of vehicles, the stop sign(s)
shall be maintained for the duration of the work or until such time that the stop condition
is eliminated or until an interim or permanent traffic signal can be installed to provide
proper traffic control. The traffic signal shall be installed and properly functioning before
the removal of the existing stop sign(s) is permitted. If the existing intersection is
enhanced traffic control features such as stop bars, double indicated stop signs, oversized
signs, advanced warning stop ahead signs, rumble strips on the approaches or flashing
beacons located overhead or on the shoulders then these features shall be maintained for
the duration of the project or until the permanent traffic control plan has been
implemented.
Whenever the staging of the work requires that the traveled-way be relocated or
realigned the Contractor shall reinstall all enhanced traffic control features noted above
on the newly constructed sections of the work. The cost of relocating the stop bars, stop
signs, advanced warning signs, the rumble strips and the flashing beacons shall be
included in the price bid for Lump-Sum-Traffic Control unless individual pay items are
included in the contract for rumble strips and/or flashing beacons. When pay items are
included in the contract for rumble strips or flashing beacons then these items will be paid
per each.
When staging requires the relocation or realignment of an existing stop condition it may
be necessary to consider the addition of enhanced traffic control features even though
none existed at the original location. As a guide for enhanced traffic control features that
may be considered, the Engineer or the WTCS may refer to the Department's guidelines
for "Opening of New Roadways to Traffic" (Document #6635-2). Horizontal and vertical
alignment changes at a new location may have decreased or restricted sight distance or
the stop condition may occur sooner than in the previous alignment. If these conditions
occur then the Engineer and/or the WTCS should consider additional measures to
enhance the motorist's awareness of the changes even though the staging plans may not
address enhanced features. Stop signs should be a minimum of 36 inches for interim
situations. The use of 48 inch stop signs may be warranted under project specific
conditions. Flags may be used on interim/permanent stop signs that are mounted at
seven (7') feet in height for a short duration in order to direct additional attention to a
new or relocated stop sign(s). Flags should not be used for durations exceeding two
weeks unless unusual or site specify conditions warrant a longer period of time. The use
of Type "A" flashing red light(s) attached to the stop sign(s) may be appropriate during
the same period that the flags are in use to increase attention.
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The use of rumble strips and/or portable changeable message signs may be considered.
The use of new rumble strips, where none previously existed, shall have the prior
approval of District Traffic Operations before being included as part of the temporary
traffic control plan. The message(s) displayed on any PCMS shall have the prior approval
of the Engineer and the message(s) shall be included as part of the TIC plan for the
interim staging.
The placement of any additional interim ground-mounted signs and posts or stop bars
shall be considered as incidental to the price bid for Lump Sum-Traffic Control. The
installation of rumble strips, flashing beacons or the use of Portable Changeable Message
Signs (PCMS) shall be considered as Extra Work unless pay items are included in the
contract.
B. WORK ZONE RESTRICTIONS:
1. Interstate
The Contractor shall not simultaneously perform work on both the inside shoulder and
outside shoulder on either direction of traffic flow when the Work is within 12 feet of the
travel-way, unless such areas are separated by at least one-half mile of distance.
2. Non-Interstate Divided Highways
The Contractor shall not simultaneously perform work on both the inside shoulder and
outside shoulder on either direction of traffic flow when the Work is within 12 feet of the
travel-way, unless such areas are separated by at least one-half mile distance in rural
areas or at least 500 feet of distance in urban areas.
3. Non-Divided Highways
a. The Contractor shall not simultaneously perform work on opposite sides of the
roadway when the work is within 12 feet of the travel-way, unless such areas are
separated by at least one-half mile of distance in rural areas or at least 500 feet of
distance in urban areas.
b. On two-lane projects where full width sections of the existing subgrade, base or
surfacing are to be removed, and new base, subgrade, or surfacing are to be
constructed, the Contractor shall maintain one-lane traffic through the construction
area by removing and replacing the undesirable material for half the width of the
existing roadway at a time. Replacement shall be made such that paving is
completed to the level of the existing pavement in the adjacent lane by the end of
the workday or before opening all the roadway to traffic.
4. All Highways:
a. There shall be no reduction in the total number of available traffic lanes that existed
prior to construction except as specifically allowed by the Contract and as approved
by the Engineer.
b. Travelway Clearances: All portions of the work shall maintain the following minimum
requirements:
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Horizontal: The combined dimensions of the paved shoulder and the roadway
surface remaining outside the Work Zone shall be no less than sixteen (16) feet in
width at any location.
Vertical: The overhead clearance shall not be reduced to less than fifteen (15) feet at
any location.
The restrictions above apply to all shifts, lane closures, on-site detours and off site
detours whether shown in the contract or proposed by the Contractor. It shall be
the responsibility of the Contractor to verify that these minimum requirements have
been met before proceeding with any phase of the Work.
Two-lane two-way roadways may have temporary horizontal restrictions of less than
sixteen (16) feet provided a flagger operation for one-way traffic is utilized to restrict
access to the work area by over-width loads. The minimum horizontal clearance
shall be restored before the flagging operation is removed.
c. Highway Work Zone: All sections or segments of the roadway under construction or
reconstruction shall be signed as a Highway Work Zone except non-state highway
two-lane two-way resurfacing projects. Two conditions can be applied to a Highway
Work Zone. Condition 1 is when no reduction in the existing speed limit is required.
Condition 2 is when worksite conditions require a reduction of the speed limit
through the designated Work Zone. Properly marking a Highway Work Zone shall
include the following minimum requirements:
1. NO REDUCTION IN THE EXISTING POSTED SPEED LIMIT IN HIGHWAY WORK
ZONE:
a) Signage (Detail 150-HWZ-2) shall be posted at the beginning point of the
Highway Work Zone warning the traveling public that increased penalties for
speeding violations are in effect. The HWZ-2 sign shall be placed a minimum
of six hundred (600') feet in advance of the Highway Work Zone and shall
not be placed more than one thousand (1000') feet in advance of the Work
Zone. If no speed reduction is required it is recommended that the HWZ-2
be placed at 750 feet from the work area between the ROAD WORK 500 FT.
and the ROAD WORK 1000 FT. signs. .
HWZ-2 signs shall be placed at intervals not to exceed one mile for the
length of the project. HWZ-2 signs should be placed on the mainline after all
major intersections except State Routes. State Routes shall be signed as per
the requirements for intersecting roadways below.
b) The existing speed limit shall be posted at the beginning of the Work Zone.
Existing Speed Limit signs (R2-1) shall be maintained.
c) INTERSECTING ROADWAYS: Intersecting state routes shall be signed in
advance of each intersection with the Work Zone with a HWZ-2 sign to warn
motorists that increased fines are in effect. All other intersecting roadways
that enter into a designated Highway Work Zone may be signed in advance
of each intersection with the Work Zone. When construction equipment and
personnel are present in the intersection on the mainline of a. multi-lane
roadway, the intersecting side roads shall be signed in advance with HWZ-2
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signs. As soon as the work operation clears the intersection the signage may be
removed.
d) Signage (Detail 150-HWZ-3) shall be posted at the end of the Highway Work
Zone indicating the end of the zone and indicating that increased penalties
for speeding violations are no longer in effect.
e) When a designated Highway Work Zone is no longer necessary all signs shall
be removed immediately.
2. REDUCING THE SPEED LIMIT IN A HIGHWAY WORK ZONE:
Highway Work Zone signs shall be posted as required in Condition 1 above.
For limited access (interstate) highways and controlled access multi-lane divided
highways the posted speed limit shall be reduced as required below.
Speed Limit signage (R2-1) for the reduced speed limit shall be erected at the
beginning of the work zone. Additional signs shall be placed to ensure that the
maximum spacing of the reduced speed limit signs shall be no greater than one
(1) mile apart. Existing speed limit signs shall be covered or removed. On multi-
lane divided highways the speed limit signs shall be double indicated when the
reduced speed is in use.
When anyone or more of the following conditions exist and the existing speed.
limit is 65 mph or 70 mph, the speed limit shall be reduced by 10 mph. If the
existing speed limit is 60 mph, the speed limit should be reduced by 5 mph. If
the existing speed limit is 55 mph or less, the Contractor can only reduce the
speed limit with the prior approval of the Engineer. The reduction in the speed
limit shall be no greater than 10 mph:
a) Lane c1osure(s) of any type and any duration.
b) The difference in elevation exceeds two inches adjacent to a travel lane as
shown in Subsection 150.06, Detail 150-B, 150-(,
c) Any areas where equipment or workers are within ten feet of a travel lane.
d) Temporary portable concrete barriers located less than two (2') feet from the
traveled way.
e) As directed by the Engineer for conditions distinctive to this project.
When the above conditions are not present the speed limit shall be immediately
returned to the existing posted speed limit. A speed reduction shall not be put in
place for the entire length of the project unless conditions warranting the speed
reduction are present for the entire project length. All existing speed limit signs
within the temporary speed reduction zone shall be covered or removed while
the temporary reduction in the speed limit is in effect. All signs shall be erected
to comply with the minimum requirements of the MUTCD.
As a minimum the following records shall be kept by the WTCS:
a) Identify the need for the reduction.
b) Record the time of the installation and removal of the temporary reduction.
c) Fully describe the location and limits of the reduced speed zone.
d) Document any accident that occurs during the time of the reduction.
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A copy of the weekly records for reduced speed zones shall be submitted to the
Engineer.
Reduced speed zones shall, as a minimum, be signed as per Detail 150-HWZ-1.
Interim signs shall meet the requirements of Subsection 150.03 D. Additional
signs may be necessary to adjust for actual field conditions.
When a pilot vehicle is used on a two-lane two-way roadway the speed limit
should not be reduced. For special conditions specific to the work, on two-lane
two-way roadways or multi-lane highways, the contractor may reduce the posted
speed limit with the prior approval of the Engineer.
S. MILLED SURFACE RESTRICTIONS:
Unless modified by the special conditions, a milled surface on any asphaltic concrete
surface shall not be allowed to remain open to traffic for a period of time that exceeds
thirty (30) calendar days.
6. INSTALLATION/REMOVAL OF WORK AREA SIGNAGE:
No payment will be made for Traffic Control-Lump Sum until the Work has actually
started on the project. The installation of traffic control signage does not qualify as the
start of work. Advanced warning signs shall not be installed until the actual beginning
of work activities. Any permanent mount height signs installed as the work is preparing
to start shall be covered until all signs are installed unless all signs are installed within
seven (7) calendar days after beginning installation.
All temporary traffic control devices shall be removed as soon as practical when these
devices are no longer needed. When work is suspended for short periods of time,
temporary traffic control devices that are no longer appropriate shall be removed or
covered.
All construction warning signs shall be removed within seven (7) calendar days after
time charges are stopped or pay items are complete. If traffic control devices are left in
place for more than ten (10) calendar days after completion of the Work, the
Department shall have the right to remove such devices, claim possession thereof, and
deduct the cost of such removal from any monies due, or which may become due, the
Contractor.
PUNCH LIST WORK: Portable signs shall be utilized to accomplish the completion of all
punchlist items. The portable signs shall be removed daily. All permanent mount height
signs shall be removed prior to the beginning of the punchlist work except "Low/Soft
Shoulder" signs and any signs that have the prior written approval of the Engineer to
remain in place while the punch list work is in progress.
Failure to promptly remove the construction warning signs within the seven (7) calendar
days after the completion of the Work or failure to remove or cover signs when work is
suspended for short periods of time shall be considered as non-performance under
Subsection 150.08.
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lNltK)IAlt ANU MULl l-LANt UIVIUtU HIGHWAY )IGN1NG )HALL ~t
DOUBLE INCICATED (RIGHT SHOULDER AND MEDIAN SHOULDER)
I.. 600' 1" 600' + 600' + 600' 1
K
K
}
HWZ-2
SIGNS
REDUCED w
Z
0
SPEED N
0
w
AHEAD w
Q.
VI
~
(.:)
w
R2-5a ell
48"X 60"
THIS SIGN SHALL BE INSTALLED ONLY
WHEN THE SPEED REDUCITION is GREATER
THAN 10 U.P.H. FROU THE EXiSTING
POSTED SPEED LIMIT.
SPEED
L1UIT
**
R2-1
48"X 60"
-..
K
SPEED
L1UIT
**
R2-1
48/1X 60"
REDUCED SPEED LIMIT SHALL
HAVE THE PRIOR APPROVAL
OF THE ENGINEER.
ALL INTERSECTING ROADWAYS SHALL BE SIGNED WITH A HWZ-2 SIGN
TO WARN MOTORIST ENTERING THE HIGHWAY WORK ZONE.
INTERSTATE AND UULTI-LANE HIGHWAY SIGNING SHALL BE
DOUBLE INDICATED (RIGHT SHOULDER AND UEDIAN SHOULDER).
http://tomcat2.dot. state. ga. us/thesource/pdf/ special-'provisions/ shelf/ sp 150 .html
~ 600' ~
-..
K
SPEED
L1UIT
**
[
R2-1 I
48/1X 60" :
SPEED
L1UIT
**
REDUCED CONSTRUCT I
LIMIT SHALL BE SPA
OF ONE IJILE APART.
R2-1
4811X 60/1
SIGN SIZES SHOWN ARE
IJUlTI-LANE DIVIDED HI
FOR OTHER HIGHWAYS US
SIGNS AS PER THE u.U.
HWZ-2 AND HWZ-3 SIGNS
DEI AIL 150-H
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L111.....
3// MARG IN
11// BORDER
3" RADIUS
40"
~ 411
11 "
26 "
11" -
48 "
HWZ-2
COLORS
TOP PANEL
LEGEND 8. BORDER
BACKGROUND
- BLACK (NON-REFLI
- FLUORESENT ORANGE
( AS T M T Y P E V I I. V [ I I. [X or' X)
MIDDLE 8. BOTTOM PANELS
LEGEND 8. BORDER - BLACK (NON-REFLI
BACKGROUND - WHITE (ASTM TYPE I I I OR IV REFL SHEETING)
NOTES:
1. ALL HWZ-2 SIGN PANELS SHALL BE RIGID.
2. THE SIZE OF THE HWZ-2 SIGN SHALL NOT BE REDUCED FOR USE
ON TWO-LANE ROADWAYS.
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- BLACK (NON~REFL)
- FLUORESENT ORANGE
( AS T M T Y P E V I I. V I [ I 1 I X or'- X)
BOTTOM PANEL
LEGEND & BORDER - BLACK (NON-REFL)
BACKGROUND - WHITE (ASTM TYPE III OR IV REFL SHEETINGl
COLORS
TOP PANEL
LEGEND & BORDER
BACKGROUND
NOTES:
1. ALL HWZ-3 SIGN PANELS SHALL BE RIG[D.
2. THE SIZE OF THE HWZ-3 SIGN SHALL NOT BE REDUCED FOR USE
ON TWO-LANE ROADWAYS.
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C. LANE CLOSURES:
1. Approval/Restrictions
All lane closures of any type or duration shall have the prior approval of the Engineer.
a. The length of a lane closure shall not exceed two (2) miles in length excluding the
length of the tapers unless the prior approval of the Engineer has been obtained.
The Engineer may extend the length of a lane closure based upon field conditions
however the length of a workzone should be held to the minimum length required to
accomplish the Work. Lane closures shall not be spaced closer than one mile. The
advanced warning signs for the project should not overlap with the advanced
warning signs for lane shifts, lane closures, etc.
b. Lane closures that require same direction traffic to be split around the Work Area will
not be approved for roadways with posted speeds of 35 mph or greater, excluding
turn lanes.
c. For Interstate, Limited Access and Multi-lane Divided Highways, a Portable
Changeable Message Sign (PCMS) shall be placed one (1) mile in advance of a lane
closure with a message denoting the appropriate lane closure one mile ahead. The
Portable Changeable Message Sign (PCMS) shall be placed on the outside shoulder in
accordance with Detail 150-PCMS. This is in addition to the other traffic control
devices required by Standard 9106.
2. Removal Of Lane Closures
To provide the greatest possible convenience to the public in accordance with Sub-
Subsection 107.07, the Contractor shall remove all signs, lane closure markings, and
devices immediately when lane closure work is completed or temporarily suspended for
any length of time or as directed by the Engineer. All portable signs and portable sign
mounting devices shall be removed from the roadway to an area which will not allow the
sign to be visible and will not allow the sign or sign mounting device to be impacted by
traffic.
3. Exit And Entrance Ramps
On multilane highways where traffic has been shifted to the inside lanes, the exit and
entrance ramps shall have channelization devices placed on both sides of the ramp. The
temporary ramp taper length shall be greater than, or equal to, the existing taper length.
Interim EXIT gore signs shall be placed at the ramp divergence. The "EXIT OPEN" sign
shown in Figure TA-42 of the MUTCD shall be utilized. Channelization device spacing
shall be 10 feet for 200 feet in advance of the temporary gore, and 10 feet for the first
100 feet of the temporary gore.
4. Lane Drop/Lane Closure
The first seven (7) calendar days of any lane closure shall be signed and marked as per
Standard 9106 or 9107. However, lane closures that exist for a duration longer than seven
(7) calendar days may be signed and marked as per the details in Standard 9121, provided
the prior approval of the Engineer is obtained. The approved lane drop shall utilize only the
signs and markings shown for the termination end of the lane drop in Standard 9121. All
warning signs in the lane drop sequence shall be used. Drums may be substituted for the
Type I Crystal Delineators at the same spacing.
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5. Termination Area
The transition to normal or full width highway at the end of a lane closure shall be a
maximum of 150 feet.
D. TRAFFIC PACING METHOD:
1. Pacing Of Traffic
With prior approval from the Engineer, traffic may be paced allowing the Contractor up
to ten (10) minutes maximum to work in or above all lanes of traffic for the following
purposes:
a. Placing bridge members or other bridge work.
b. Placing overhead sign structures.
c. Other work items requiring interruption of traffic.
The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing
light for each direction of pacing. The police officer, Engineer, and f1aggers at ramps shall
be provided with a radio which will provide continuous contact with the Contractor.
When ready to start the work activity, the police vehicle will act as a pilot vehicle slowing the
traffic thereby providing a gap in traffic allowing the Contractor to perform the Work. Any
on-ramps between the pace and the work area shall be blocked during pacing of traffic, with
a flagger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be
opened after the police vehicle has passed.
Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and
10 mph non-interstate. The Contractor shall provide a vehicle to proceed in front of the
police vehicle and behind the other traffic in order to inform the Contractor's work force
when all vehicles have cleared the area.
Traffic will not be permitted to stop during pacing except in extreme cases as approved by
the Engineer.
2. Methods Of Signing For Traffic Pacing
At a point not less than 1,000 feet in advance of the beginning point of the pace, the
Contractor shall erect and cover a W-special sign (72 inch x 72 inch) with a Type "B"
flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY" (See Detail
lSO-A). A portable changeable message sign may be used in lieu of the W-special sign.
On divided highways this sign shall be double indicated. A worker with a two-way radio
shall be posted at the sign, and upon notice that the traffic is to be paced shall turn on
the flashing light and reveal the sign. When traffic is not being paced, the flashing light
shall be turned off and the sign covered or removed. W-special signs are reflectorized
black on orange, Series "C" letter and border of the size specified.
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E. CONSTRUCTION VEHICLE TRAFFIC
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The Contractor's vehicles shall travel in the direction of normal roadway traffic and shall not
reverse direction except at intersections, interchanges, or approved temporary crossings.
The Contractor may submit a plan requesting that construction traffic be allowed to travel in
the opposite direction of normal traffic when it would be desirable to modify traffic patterns
to accommodate specific construction activities.
Prior approval of the Engineer shall be obtained before any construction traffic is allowed to
travel in a reverse direction. If the Contractor's submittal is approved the construction traffic
shall be separated from normal traffic by appropriate traffic control devices.
F. ENVIRONMENTAL IMPACTS TO THE TEMPORARY TRAFFIC CONTROL (TIC) PLAN
The Contractor shall ensure that dust, mud, and other debris from construction activities do
not interfere with normal traffic operations or adjacent properties. All outfall ditches, special
ditches, critical storm drain structures, erosion control structures, retention basins, etc. shall
be constructed, where possible, prior to the beginning of grading operations so that the best
possible drainage and erosion control will be in effect during the grading operations, thereby
keeping the roadway areas as dry as possible.
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Areas within the limits of the project which are determined by the Engineer to be disturbed
or damaged due either directly or indirectly from the progress or the lack of progress of the
work shall be cleaned up, redressed, and regrassed. All surplus materials shall be removed
and disposed of as required. Surplus materials shall be disposed of in accordance with
Subsection 201.02.E.3 of the Specifications.
G. EXISTING STREET LIGHTS
Existing street lighting shall remain lighted as long as practical and until removal is approved
by the Engineer.
H. NIGHTWORK
Adequate temporary lighting shall be provided at all nighttime work sites where workers will
be immediately adjacent to traffic.
I. CONSTRUCTION VEHICLES IN THE WORKZONE
The parking of Contractor's and/or workers personal vehicles within the work area or
adjacent to traffic is prohibited. It shall be the responsibility of the Worksite Traffic Control
Supervisor to ensure that any vehicle present at the worksite is necessary for the completion
of the work.
J. ENCROACHMENTS ON THE TRAVELED-WAY
The Worksite Traffic Control Supervisor (WTCS) shall monitor the work to ensure that all the
rocks, boulders, construction debris, stockpiled materials, equipment, tools and other
potential hazards are kept clear of the travelway. These items shall be stored in a location,
in so far as practical, where they will not be subject to a vehicle running off the road and
striking them.
K. PEDESTRIAN ACCESS TO THE WORK
All existing pedestrian walkways shall be maintained. Whenever changes to the worksite
necessitate changes to existing walkways, temporary walkways shall be provided and
maintained, with appropriate signs as necessary, to allow safe passage of pedestrian traffic.
L. TRAFFIC SIGNALS
If the sequence of operations, staging, or the temporary traffic control plan requires the
relocation or shifting of any components of an existing traffic signal system then any work
on these traffic signals will be considered as part of Lump Sum- Traffic Control. The
contractor becomes responsible for the maintenance of these traffic signals from the time
that the system is modified until final acceptance. The maintenance of traffic signals that
are not a part of the work and are not in conflict with any portion of the work shall not be
the responsibility of the contractor.
When construction operations necessitate an existing traffic signal to be out of service, the
Contractor shall furnish off-duty police officers to regulate and maintain traffic control at the
site.
M. REMOVAL/REINSTALLATION OF MISCELLANEOUS ITEMS
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In the prosecution of the Work, if it becomes necessary to remove any existing signs,
markers, guardrail, etc. not covered by specific pay item, they shall be removed, stored and
reinstalled, when directed by the Engineer, to line and grade, and in the same condition as
when removed.
150.03SIGNS:
A. SIGNING REQUIREMENTS OF THE TEMPORARY TRAFFIC CONTROL CITe) PLAN
When existing regulatory, warning or guide signs are required for proper traffic control the
Contractor shall maintain these signs in accordance with the temporary traffic control (TIC)
plan. The Contractor shall review the status of all existing signs, interim signs added to the
work, and permanent sign installations that are part of the work to eliminate any conflicting
or non-applicable signage in the TIC Plan. The Contractor's review of all signs in the TIC
Plan shall establish compliance with the requirements of the MUTCD and Section 150. Any
conflicts shall be reported to the Engineer immediately and the WTCS shall take the
necessary measures to eliminate the conflict.
The Contractor shall make every effort to eliminate the use of interim signs as soon as the
Work allows for the installation of permanent signs.
All existing illuminated signs shall remain lighted and be maintained by the Contractor.
Existing street name signs shall be maintained at street intersections.
B. CONFLICTING OR NON-APPLICABLE SIGNS
Any sign(s) or portions of a sign(s) that are not applicable to the TIC plan shall be covered
so as not to be visible to traffic or shall be removed from the roadway when not in use. The
WTCS shall review all traffic shifts and changes in the traffic patterns to ensure that all
conflicting signs have been removed. The review shall confirm that the highest priority signs
have been installed and that signs of lesser significance are not interfering with the visibility
of the high priority signs. High priority signs include signs for road closures, shifts, detours,
lane closures and curves. Any signs, such as speed zones and speed limits, passing zones,
littering fines and litter pick up, that reference activities that are not applicable due to the
presence of the Work shall be removed, stored and reinstalled when the Work is completed.
Failure to promptly eliminate conflicting or non-applicable signs shall be considered as non-
performance under Subsection lSO.08.
C. REMOVAL OF EXISTING SIGNS AND SUPPORTS
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 if this material will be required later in the work as part of the TTC plan. If the
signs are not to be utilized in the work then the signs will become the property of the
Contractor unless otherwise specified in the contract documents.
D. INTERIM GUIDE, WARNING AND REGULATORY SIGNS
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Interim guide, warning, or regulatory signs required to direct traffic shall be furnished,
installed, reused, and maintained by the Contractor in accordance with the MUTeD, the
Plans, Special Provisions, Special Conditions, or as directed by the Engineer. These signs
shall remain the property of the Contractor. The bottom of all interim signs shall be
mounted at least seven (7') feet above the level of the pavement edge when the signs are
used for long-term stationary operations as defined by Section 6G.02 of the MUTCD. Special
Conditions under Subsection 150.11 may modify this requirement.
Portable signs may be used when the duration of the work is less than three (3) days or as
allowed by the special conditions in Subsection 150.11. Portable signs shall be used for all
punchlist work. All portable signs and sign mounting devices utilized in work shall be NCHRP
350 compliant. Portable interim signs shall be mounted a minimum of one (1') foot above
the level of the pavement edge for directional traffic of two (2) lanes or less and a minimum
of seven (7') feet for directional traffic of three (3) or more lanes. Signs shall be mounted at
the height recommended by the manufacturer's crashworthy testing requirements. Portable
interim signs which are mounted at less than seven (7') feet in height may have two 18 inch
x 18 inch fluorescent red-orange or orange-red warning flags mounted on each sign.
All regulatory sign blanks shall be rigid whether the sign is mounted as a portable sign, on a
Type III barricade or as a permanent mount height sign.
Any permanent mount height interim sign that is designed to fold in half to cover a non-
applicable message on the sign shall have reflectorized material on the folded over portion of
the sign. The reflectorized material shall be orange in color with a minimum of ASTM Type I
engineering grade sheeting with a minimum area of six inches by six inches (6" x 6") facing
the direction of traffic at all times when the sign is folded.
Interim signs may be either English or metric dimensions.
E. EXISTING SPECIAL GUIDE SIGNS
Existing special guide signs on the Project shall be maintained until conditions require a
change in location or legend content. When change is required, existing signs shall be
modified and continued in use if the required modification can be made within existing sign
borders using design requirements (legend, letter size, spacing, border, etc.) equal to that of
the existing signs, or of Subsection lSO.03.E.2. 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 guide sign is in conflict with work to be performed, the Contractor shall
remove the conflicting sign and reset it in a new, non-conflicting location which has been
approved by the Engineer.
2. Interim Special Guide Signs
When it is not possible to utilize existing signs, either in place or relocated, the
Contractor shall furnish, erect, maintain, modify, relocate, and remove new interim
special guide signs in accordance with the Plans or as directed by the Engineer. Interim
special guide signs that may be required in addition to, or a replacement for, existing
expressway and freeway (interstate) signs shall be designed and fabricated in
compliance with the minimum requirements for guide signing contained in Part 2E
"Guide Signs Expressway" and Part 2F "Guide Signs Freeways" of the MUTCD, except
First Use January 4, 2000
Page 26 of 54
that the minimum size of all letters and numerals in the names and places, streets and
highways on all signs shall be 16 inches Series "E" initial upper-case and 12 inches
lower-case. All interstate shields on these signs shall be 48 inches and 60 inches for
two-numeral and three-numeral routes, respectively.
The road name of the exit or route shield shall be placed on the exit gore sign.
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 desired connection to the power source.
4. Permanent Special Guide Signs
The installation of new permanent special guide signs and the permanent modification or.
resetting of existing special guide signs, when included in the contract, shall be
accomplished as soon as practical to minimize the use of interim special guide signs. If
lighting is required by the Plans, all new permanent overhead special guide signs shall be
lighted as soon as erected.
F. MATERIALS- INTERIM SIGNS:
1. Posts
Permanent mounting height of seven (7') feet- Posts for all interim signs shall meet the
requirements of Section 911 except that green or silver paint may be used in lieu of
galvanization for steel posts or structural shape posts. Within the limits of a single
project, all metal posts shall be the same color. Wood posts are not required to be
pressure treated.
Interim posts may be either metric or English in dimensions.
Posts for all interim signs shall be constructed to yield upon impact unless the posts are
protected by guardrail, portable barrier, impact attenuator or other type of positive
barrier protection. Unprotected posts shall meet the breakaway requirements .of the
"1994 AASHTO Standard Specifications for Structural Support for Highway Signs,
Luminaries and Traffic Signals". Unprotected interim posts shall be spliced as shown in
Detail lSQ-F unless full length unspliced posts are used.
Unprotected post splices will not be permitted any higher than four inches above the
ground line to lessen the possibility of affecting the undercarriage of a vehicle.
Installation of posts may require establishment of openings in existing pavements,
islands, shoulders etc.
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2. Sign Blanks And Panels- Permanent mounting height of seven (7') feet-
All sign blanks and panels shall conform to Section 912 of the Specifications except that
blanks and panels may be ferrous based or other metal alloys. Type 1 and Type 2 sign
blanks shall have a minimum thickness of 0.08 inches regardless of the sign type used.
Alternative sign blank materials (composites, poly carbonates, fiberglass reinforced
plastics, recycled plastics, etc.) shall have a letter of approval from the Office of
Materials and Research for use as interim construction signs before these materials are
allowed to be incorporated into the work unless these rigid sign blanks are currently
approved as a crashworthy sign blank material under QPL 34. The back side of sign
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panels shall be painted orange to prevent rust if other metals are used in lieu of
aluminum. Plywood blanks or panels will not be permitted. The use of flexible signs will
not be permitted for permanent mount height signs.
Interim blanks and panels may be either metric or English in dimensions.
3, Portable Sign Mounting Devices, Portable Sign Blanks-
All portable sign mounting devices and sign blanks utilized in the work shall be NCHRP
350 Test Level III compliant. All portable sign mounting devices and sign blanks shall be
from the Qualified Products List. Any sign or sign mounting device shall have an
identifying decal, logo, or manufacturer's stamping that clearly identifies the device as
NCHRP 350 compliant. The Contractor may be required to provide certification from the
Manufacturer as proof of NCHRP 350 compliance~ All portable signs shall be mounted
according to height requirements of Subsection 1S0.03.D.
G. SIGN VISIBILITY AND OFFSETS
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. Any clearing required for
maintaining the line of sight to existing, interim or permanent signs shall be done as part of
the requirements of the TIC plan. The clearing shall include any advance warning signs,
both interim and permanent, that are installed as a part of the work including advance
warning signs that are installed outside the limits of the project. Any sign installed' behind
W-beam or T-beam guardrail with non-breakaway posts shall be installed with the leading
edge of the sign a minimum of four feet and three inches (4'3") behind the face of the
guardrail with five feet (5') of clearance being desirable. Limbs, brush, construction
equipment and materials shall be kept clear of the driver's line of sight to all signs that are
part of the TIC plan.
H. ADVANCE WARNING SIGNS:
1. All Type Of Highways
Advance warning signs shall be placed ahead of the work area in accordance with Part
VI of the MUTCD and shall include a series of at least three advance road work (W20-1)
signs placed at the termini of the project. The series shall have the legend ROAD WORK
(1500 FEET, 1000 FEET, AND 500 FEET).
At grade intersecting roadways and on-ramps shall be signed with a minimum of one
ROAD WORK AHEAD sign.
When work terminates at a "T" intersection, a minimum of one "ROAD WORK AHEAD"
sign shall be placed in advance of the intersection and one "END ROAD WORK" sign shall
be placed at the termination end of the intersection. Field conditions may require the
use of additional warning signage.
Advanced Warning Signs on State Routes shall be a minimum dimension of 48 inches x
48 inches. When a State Route intersects a project which consists of adding travel
lanes, reconstructing an existing roadway or new location work, the State Route
approaches shall have a minimum of three (W20-1) advanced warning signs (1500 ft.,
1000 ft., 500 ft.). The termination end of an intersecting State Route shall have END
ROAD WORK signage.
The W20-1 signs shall be placed at the termini of the project or sufficiently in advance of
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the termini to allow for lane shifts, lane closures and other activities which may also
require advanced warning signs. The advanced warning signs for the project should not
overlap with the advanced warning signs for lane shifts, lane closures, etc.
The length of a workzone should be held to the minimum length required to accomplish
the work. If a project has multiple individual worksites within the overall limits of the
project, each site should be signed individually if the advance warning signs for each site
can be installed without overlapping an adjacent worksite. As soon as the work is
completed at any individual site the warning signs shall be removed from that site.
Clean-up work and punchlist work shall be performed with porta ble signage.
Project mileage indicated on the G20-1 sign shall be the actual project mileage rounded
up to the nearest whole mile. Projects less than two (2) miles in length or individual
worksites that are part of a multiple worksite project may delete this sign. The G20-1
sign shall be 60" X 36" and the G20-2 sign shall be 48/1 X 24".
2. Interstate, Limited Access And Multilane Divided Highways
In addition to the W20-1 signs required at 500 ft., 1000 ft. and 1500 ft., multi-lane
divided highways shall also have additional advanced warning signs installed with the
legend "ROAD WORK (2 MILES, 1 MILE and 1/2 MILE). All construction warning signs
on divided highways shall be double indicated (i.e., on the left and right sides of the
roadway.) If the use of the 112 mile, 1 mile and 2 mile advanced warning signs cause an
overlap with other work or do not benefit field conditions then the Engineer may review
the use of these signs and eliminate their installation. When the posted speed limit is 50
MPH or less, the 112 mile, 1 mile and 2 mile signs should be eliminated especially in urban
areas.
The W20-1 advance warning signs for ROAD WORK 500 FEET; 1000 FEET; and 1500
FEET shall be temporarily covered when work involving the advanced warning signs for
lane shifts and lane closures overlap these signs. The ROAD WORK 112 MILE, ROAD
WORK 1 MILE, and ROAD WORK 2 MILES shall be in place when the 500, 1000 and
1500 feet signs are temporarily covered.
When the temporary traffic control zone already has advanced warning (W20-1) signs
installed the W20-1 signs required for lane closures under Standard 9106 should be
eliminated.
RAMP WORK ON LIMITED ACCESS HIGHWAYS: The workzone shall not be signed for the
entire length of the mainline of a limited access highway when only short individual
worksites, interchange or ramp work is being performed.
When work is restricted to ramp reconstruction or widening activities, the advance
warning signs on the mainline section of the limited access highway shall be limited to
the use of portable advance warning signs. These portable advance warning signs shall
only be utilized when work activity is within the gore point of the ramp and the mainline
traveled way or work is active in the accel/decel lane adjacent to the mainline traveled
way. Portable advance warning signs (W20-1; 1500ft./1000 ft./500ft.) shall be installed
on the traveled way of the limited access highway when the above conditions are
present. The advance warning signs shall be installed only in one direction where work
is active. All portable signs shall be double indicated. When work is not active, the
ramp work shall be advanced warned by the use of a single 48 inch X 48 inch "RAMP
WORK AHEAD" sign along the right shoulder of the mainline traveled way prior to the
beginning of the taper for the decel lane. The "RAMP WORK AHEAD" sign shan be
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Page 30 of 54
mounted at seven (7') feet in height. Differences in elevation shall be in compliance with
the requirements of Subsection 1S0.06 prior to the removal of the portable (W20-1)
advanced warning signs from the mainline.
The G20-1 sign shall be eliminated on limited access highways when the work involves
only ramp work, bridge reconstruction, bridge painting, bridge joint repairs, guardrail
and anchor replacement or other site specific work which is confined to a short section
of limited access highway.
I. PORTABLE CHANGEABLE MESSAGE SIGN
Unless specified as a paid item in the contract the use of a portable changeable message
sign will not be required. When specified, a portable changeable message sign (PCMS) shall
meet the minimum requirements of Section 632 and the MUTCD. The maximum amount of
messages allowed to be flashed on one PCMS is two phases (flashes). The language and
the timing of the messages shall comply with the MUTCD and Section 632.
When used as an advanced device the PCMS should typically be placed ahead of the
construction activities. If the PCMS is used as a substitute for another device then the
requirements for the other device apply.
J, FLASHING BEACON
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.
K. RUMBLE STRIP SIGNAGE
Signage for rumble strips located in the travelway shall be as required in Subsection
150.01.( and Subsection IS0.02.A.9.
L. LOW/SOFT SHOULDER SIGNAGE
Low or soft shoulder signs shall be utilized in accordance with the following conditions:
CONSTRUCTION/RECONSTRUCTION PROJECTS:
"LOW/SOFT SHOULDER/I signs shall be erected when a difference in elevation exceeds one
(1") inch but does not exceed three (3") inches between the travelway and any type of
shoulder unless the difference in elevation is four (4') feet or greater from the edge of the
traveled way.
The spacing of the signs shall not exceed one (1) mile and the signs shall be placed
immediately past each crossroad intersection. The "Low/Soft" signs shall remain in place
until the difference in elevation is eliminated and the shoulder has been dressed and
permanently grassed for a minimum of thirty (30) calendar days. These signs shall be
furnished, installed, maintained and removed by the Contractor as part of Traffic Control-
, Lump Sum. These signs shall be orange with black borders and meet the reflectorization
requirements of Subsection lSO.01.C.
"SHOULDER DROP-OFF" (W8-9a) signs shall be used when a difference in elevation, less
than four (4') feet from the traveled way, exceeds three (3") inches and is not protected by
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positive barrier protection. These warning signs shall be placed in advance of the drop-off.
For a continuous drop-off condition, the W8-9a) signs shall, as a minimum, be spaced in
accordance with the above requirements for "Low/soft shoulder" signs.
PROJECTS CONSISTING PRIMARILY OF ASPHALTIC CONCRETE RESURFACING
ITEMS:
"LOW/SOFT SHOULDER" signs shall be erected when a difference in elevation exceeds one
(1/1) inch but does not exceed three (3") inches between the travelway and any type of
shoulder unless the difference in elevation is four (4') feet or greater from the edge of the
traveled way.
SHOULDER BUILDING INCLUDED IN THE CONTRACT: "Low/Soft Shoulder" signs shall be
erected as per the requirement of Standards 9102, 9106, and 9107. "Shoulder Drop-off"
signs (W8-9a) shall be erected as per the requirements of the MUTCD. These signs shall be
maintained until the conditions requiring their installation have been eliminated. The
Contractor shall remove all interim warning signs before final acceptance.
SHOULDER BUILDING NOT INCLUDED IN THE CONTRACT: The Department will furnish the
"Low/Soft Shoulder/l signs, "Shoulder Drop-off/l signs and the posts. The signs shall be
erected to meet the minimum requirements of Subsection lS0.03. The Contractor shall
include the cost of furnishing installation hardware (bolts, nuts, and washers), erection and
maintenance of the signs in the bid price for Traffic Control- Lump Sum. The Contractor
shall maintain the signs until final acceptance. The Department will remove the signs.
LAU/LAR PROJECTS SHOULDER BUILDING NOT INCLUDED IN THE CONTRACT: The
Contractor will furnish, install and maintain LOW/SOFT SHOULDER signs (yellow with black
borders, ASTM Type III or IV) at the appropriate spacing, until Final Acceptance of the
project by the Department. After Final Acceptance by the Department the signs will become
the property and responsibility of the local government.
M. BUMP SIGNAGE:
MULTI-LANE DIVIDED HIGHWAYS: A bump sign (W8-1) shall be utilized when a transverse
joint in the pavement structure has a vertical difference in elevation of three quarters (3/4/1)
of an inch or greater in depth with no horizontal taper to ramp the traffic from one elevation
to the other. This condition typically occurs at approach slabs during pavement milling
operations and at transverse joints in asphaltic pavement lifts.
TWO-LANE TWO-WAY HIGHWAYS: A bump sign (W8-1) shall be utilized when a transverse
joint in the pavement structure has a vertical difference in elevation that exceeds one and
three quarters (1-3/4/1) inches in depth with no horizontal taper to ramp the traffic from one
elevation to the other. This includes utility and storm drainage repairs that require concrete
placement for patching and/or steel plating.
The (W8-1) sign shall be placed sufficiently in advance to warn the motorist of the condition.
150.04 PAVEMENT MARKINGS
A. GENERAL
Full pattern pavement markings in accordance with Section 652 and in conformance with
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Section 3A and 3B, except 3B.02, of the MUTCD are required on all courses before the
roadway is opened to traffic. No passing zones shall be marked to conform to Subsection
150.04. E. During construction and maintenance activities on all highways open to traffic,
both existing markings and markings applied under this Section shall be fully maintained
until Final Acceptance. If the pavement markings are, or become, unsatisfactory in the
judgement of the Engineer due to wear, weathering, or construction activities, they shall be
restored immediately.
1. Resurfacing Projects
Pavement markings shall be provided on all surfaces that are placed over existing'
markings. Interim and final markings shall conform in type and location to the markings
that existed prior to resurfacing unless changes or additions are noted in the Contract.
The replacement of parking spaces will not be required unless a specific item or note has
been included in the Contract. Any work to make additions to the markings that existed
prior to resurfacing is to be considered as extra work.
2. Widening And Reconstruction Projects
If the lane configuration is altered from the preconstruction layout then pavement
markings will be as required by the plans or the Engineer.
3. New Location 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 or as
shown in plans and shall conform to the requirements of Section 652, except as modified
herein. Raised pavement markers (RPMs) shall meet the requirements of Sec:tion 9,54.
Markings on the final surface course, which must be removed, shall be a removable type.
The Contractor will be permitted to use paint, thermoplastic, or tape on pavement which is
to be overlaid as part of the project, unless otherwise directed by the Engineer. Partial
(skip) reflectorization (i.e. reflectorizing only a portion of a stripe) will not be allowed.
C. INSTALLATION AND REMOVAL OF PAVEMENT MARKINGS:
INSTALLATION: All pavement markings, both interim and permanent, shall be applied to a
clean surface. The Contractor shall furnish the layout and preline the roadway surface for
the placement of pavement markings applied as part of the temporary traffic control plan.
All interim marking tape and RPM's on the final surface shall be removed prior to the
placement of the final markings.
The Contractor shall sequence the work in such a manner as to allow the installation of
markings in the final lane configuration at the earliest possible stage of the work.
REMOVAL: Markings no longer applicable shall be removed in accordance with Subsection
656.2.
THE_nEI.,.JJ:-1JJ'lATlQ~__OF ,_CO~EbIC]]NG PAVEMENT MARKINGS BY OY~.B.PAINTING WITH
PAINT Q8._LIQUID ASPJ:lAl,I .lS,HQI ACCEPTABLE.
INTERMEDIATE SURFACE: Interim markings shall be removed by methods that will cause
minimal damage to the pavement surface while also ensuring that traveling public will not be
confused or misdirected by any residual markings remaining on the intermediate surface.
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The use of approved black-out tape and black-out paint may be permitted on some interim
surfaces, provided the results are satisfactory to the Engineer.
FINAL SURFACE: No interim paint or thermoplastic markings will be permitted on any final
surface unless the interim markings are in alignment with the location of the permanent
markings and the interim marking will not interfere or adversely affect placement of the
permanent markings. The proposed method of removal for layout errors that require
markings to be removed from the final surface shall have the prior approval of the Engineer.
Any damage to the final pavement surface caused by the pavement marking removal
process shall be repaired at the Contractor's expense by methods acceptable and approved
by the Engineer. Subsection 400.J.06.C shall apply when corrective measures are required.
The use of black-out tape or black-out paint will not be permitted to correct layout errors on
any final surface.
Traffic shifts that are done on the final surface shall be accomplished using interim traffic
marking tape that can be removed without any blemishing of the final surface. Interim
traffic marking tape shall be used on any of the following final surfaces; asphaltic concrete,
Portland cement concrete, and bridge deck surfaces. Exceptions to the requirements for
interim traffic marking tape shall have the written prior approval of the Engineer before the
application of any other method is permitted.
PAY FACTOR REDUCTION FOR ASPHALTIC CONCRETE FINAL SURFACES: When the
correction of an error in the layout of the final pavement markings requires the final surface
to be grounded, blemished, scarred, or polished the pay factor shall be reduced to 0.95 for
the entire surface area of the final topping that has a blemish, polished or a scarred surface.
The reduced pay factor shall not be confined to only the width and length of the stripe or
the dimensions of the blemished areas, the whole roadway surface shall have the reduced
pay factor applied. The area of the reduced pay factor shall be determined by the total
length and the total width of the roadway affected. If the affected area is not corrected, the
reduction in pay shall be deducted from the final payment for the topping layer of asphaltic
concrete. The Engineer shall make the final determination whether correction or a reduced
pay factor is acceptable.
The eradication of pavement markings on intermediate and final concrete surfaces shall be
accomplished by a method that does not grind, polish, or blemish the surface of the
concrete. The method used for the removal of the interim markings shall not spall chip the
joints in the concrete and shall not damage the sealant in the joints. Any joint or sealant
repairs shall be included in the bid price for Traffic Control-Lump Sum. The proposed
method of removal shall have the prior approval of the Engineer.
Failure to promptly remove conflicting or non-applicable pavement markings shall be
considered as non-performance under Subsection lS0.08.
PREPARATION AND PLANNING FOR TRAFFIC SHIFTS: When shifting of traffic necessitates
removal of centerline, lane lines, or edge lines, all such lines shall be removed prior to,
during, or immediately after any change so as to present the least interference with traffic.
Interim traffic marking tape shall be used as a temporary substitute for the traffic markings
being removed.
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.
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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 markings. Only the minimum asphaltic concrete
thickness required to cover lines 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 656.2.
D, RAISED PAVEMENT MARKERS
Raised pavement markers (RPMs) are required as listed below for all asphaltic concrete
pavements before the roadway is open to traffic. On the final surface, RPM's shall be placed
according to the timeframes specified in 150.04 E. for full pattern pavement markings except
Interstate Highways where RPM's shall be placed and/or maintained when the roadway is
open to traffic. When Portland Cement Concrete is an intermediate or final surface and is
open to traffic, one calendar day is allowed for cleaning and drying before the installation of
RPMs is required. '
Raised pavement markers are not allowed on the right edge lines under any situation.
1. Interstate Highways
Retro-reflective raised pavement markers (RPM's) shall be placed and/or maintained on
intermediate pavements surfaces on all interstate highways that are open to traffic. This
includes all resurfacing projects along with widening and reconstruction projects. The
spacing and placement shall be as required for MULTI-LANE DIVIDED HIGHWAYS.
2, Multi-Lane Divided Highways
Retro'"reflective raised pavement markers (RPMs) shall be placed and/or maintained on
intermediate pavement surfaces on all multi-lane divided highways that are opened to
traffic when these roadways are being widened or reconstructed. Two lane-two way
roadways that are being widened to a multi-lane facility, whether divided or undivided,
are included in this provision. Projects consisting primarily of asphalt resurfacing items
or shoulder widening items are excluded from this requirement. The RPMs shall be
placed as follows:
a. SUPPLEMENTING LANE LINES
80 foot center on skip lines with curvature less than three degrees. (Includes
tangents)
40 foot centers on solid lines and all lines with curvature between three degrees and
six degrees.
20 foot centers on curves over six degrees.
20 foot centers on lane transitions or shifts.
b. SUPPLEMENTING RAMP GORE LINES
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20 foot centers, two each, placed side by side.
c. OTHER LINES
As shown on the plans or directed by the Engineer.
3, Other Highways
On other highways under construction RPMs shall be used and/or maintained on
intermediate pavement surfaces as follows:
a. SUPPLEMENTING LANE LINES AND SOLID LINES
40 foot centers except on lane shifts. (When required in the Plans or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
b. SUPPLEMENTING DOUBLE SOLID LINES
40 foot centers (one each beside each line) except on lane shifts. (When required in
the Plans or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
E. EXCEPTIONS FOR INTERIM MARKINGS
Some exceptions to the time of placement and pattern of markings are permitted as noted
below, however, full pattern pavement markings are required for the completed project.
1. Two-Lane, Two-Way Roadways
a. SKIP LINES
All interim skip (broken) stripe shall conform to Section 652 except that stripes shall
be at least two feet long with a maximum gap of 38 feet. On curves greater than six
degrees, a one-foot stripe with a maximum gap of 19 feet shall be used. In lane
shift areas solid lines will be required. Interim skip lines shall be replaced with
markings in full compliance with Section 652 prior to expiration of the 14 calendar
day period.
Interim raised pavement markers may be substituted for the interim skip (broken)
stripes. If raised pavement markers are substituted for the two foot interim skip
stripe, three markers spaced at equal intervals over a two feet distance will be
required. No separate payment will be made if the interim raised pavement markers
are substituted for interim skip lines.
Interim raised pavement markers shall be retro-reflective, shall be the same color as
the pavement markers for which they are substituted, and shall be visible during
daytime.
The type of interim marker and method of attachment to the pavement shall be
approved by the Office of Materials and Research but in no case will the markers be
attached by the use of nails. Flexible reflective markers, Type 14 or Type 15, may
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be used for a maximum of fourteen (14) calendar days as an interim marker. Any
flexible reflective markers in use shall be from the qualified products list (QPL).
The interim raised pavement markers shall be maintained until the full pattern
pavement markings are applied. At the time full pattern markings are applied the
interim raised markers shall be removed in a manner that will not interfere with
application of the full pattern pavement markings.
b. NO PASSING ZONES-TWO-LANE, TWO-WAY ROADWAYS
Passing zones shall be re-established in the locations existing prior to resurfacing.
No changes to the location of passing zones shall be done without the written
approval of the Engineer. For periods not to exceed three calendar days where
interim skip centerlines are in place, no-passing zones shall 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 '12 mile within each no-passing zone. A
post or portable mounted PASS WITH CARE regulatory sign (R4-1 24" x 30") shall be
placed at the end of each no-passing zone. Post mounted signs shall be placed in
accordance with the MUTCD. Portable signs shall conform to the requirements of
the MUTCD and shall be NCHRP 350 compliant. Portable signs shall be secured in
such a manner to prevent misalignment and minimize the possibility of being blown
over by weather conditions or traffic.
On new location projects and on projects where either horizontal or vertical
alignments has been modified, the location of No-Passing Zones will be identified by
the Engineer.
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 lane
transitions, lane shifts, and in such other areas as determined by the Engineer.
On the final surface, edgelines shall be placed within 30 calendar days of the
time that the final surface was placed.
2) All Other Types of Pavement
Edgelines will not be required on intermediate surfaces that are in use for a
period of less than 30 calendar days except at bridge approaches, on lane
transitions, lane shifts, and in such other areas as determined by the Engineer.
On the final surface, edgelines shall be placed within 14 calendar days of the
time that the surface was placed.
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 opening to traffic.
2) Lanelines- Interim skip (broken) stripe as described in Subsection lS0.04E.1.a.
may be used for periods not to exceed three calendar days. Skiplines are not
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permitted in lane shift areas. Solid lines shall be used.
3) Edgelines- Edgelines shall be placed on intermediate and final surfaces within
three calendar days of obliteration.
b. DIVIDED HIGHWAYS (GRASS OR RAISED MEDIAN)
1) Lanelines- Full pattern skip stripe shall be restored before opening to traffic. Skip
lines are not permitted in lane shift areas. Solid lines shall be required.
2) Centerline/Edgeline- Solid lines shall be placed on intermediate and final surfaces
within three calendar days of obliteration.
3. Limited Access Roadways And Roadways With Paved Shoulders Greater Than
Four Feet
a. Same as Subsection lSO.04.E.2 except as noted in (b) below.
b. EDGELINES-
1) Asphaltic Concrete Pavement- Edgelines shall be placed on intermediate and final
surfaces prior to opening to traffic.
2) Portland Cement Concrete Pavement- Edgelines shall be placed on any surface
open to traffic no later than one calendar day after work is completed on a
section of roadway. All water and residue shall be removed prior to daily
striping.
4. Ramps For Multi-Lane Divided Highways
A minimum of one solid line edge stripe shall be placed on any intermediate surface of a
ramp prior to opening the ramp to traffic. The other edge stripe may be omitted for a
maximum period of three (3) calendar days on an intermediate surface. Appropriate
channelization devices shall be spaced at a maximum of twenty-five (25') feet intervals
until the other stripe has been installed.
The final surface shall have both stripes placed prior to opening the ramp to traffic.
5. MISCELLANEOUS PAVEMENT MARKINGS:
FINAL SURFACE: School zones, railroads, stop bars, symbols, words and other similar
markings shall be placed on final surfaces conforming to Section 652 within fourteen
(14) calendar days of completion of the final surface. Final markings shall conform to
the type of pay item in the plans. When no pay item exists in the plans the final
markings shall conform to Section 652 for painted markings.
INTERMEDIATE SURFACE: Intermediate surfaces that will be in use for more than forty-
five (45) calendar days shall have the miscellaneous pavement markings installed to
conform to the requirement of Section 652. Under Subsection 150.11, Special
Conditions, or as directed by the Engineer these markings may be eliminated.
F, MOBILE OPERATIONS
When pavement markings (centerlines, lane lines, and edgelines) are applied in a continuous
operation by moving vehicles and equipment, the following minimum equipment and
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warning devices shall be required. These devices and equipment are in addition to the
minimum requirements of the MUTCD.
1. All Roadways
All vehicles shall be equipped with the official slow moving vehicle symbol sign. All
vehicles shall have a minimum of two flashing or rotating beacons visible in all
directions. All protection vehicles shall have an arrow panel mounted on the rear. All
vehicles requiring an arrow panel shall have, as a minimum, a Type B panel. All vehicle
mounted signs shall be mounted with the bottom of the sign a minimum height of forty-
eight inches (48") above the pavement. All sign legends shall be covered or removed
from view when work is not in progress.
2. Two-Lane Two-Way Roadways
a. Lead Vehicles
The lead vehicle may be a separate vehicle or the work vehicle applying the
pavement markings may be used as the lead vehicle. The lead vehicle shall have an
arrow panel mounted so that the panel is easily visible to oncoming (approaching)
traffic. The arrow panel should typically operate in the caution mode.
b. Work Vehicles
The work vehicle(s) applying markings shall have an arrow panel mounted on the
rear. The arrow panel should typically operate in the caution mode. The work
vehicle placing cones shall follow directly behind the work vehicle applying the
markings.
c. Protection Vehicles
A protection vehicle may follow the cone work vehicle when the cones are being
placed and may follow when the cones are being removed.
3. MULTI-LANE ROADWAYS
A lead vehicle may be used but is not required. The work vehicle placing cones shall
follow directly behind the work vehicle applying the markings. A protection vehicle that
does not function as a work vehicle should follow the cone work vehicle when traffic
cones are being placed. A protection vehicle should follow the cone work vehicle when
the cones are being removed from the roadway. Protection vehicles shall display a sign
on the rear of the vehicle with the legend PASS ON LEFT(RIGHT).
INTERSTATES AND LIMITED ACCESS ROADWAYS: A protection vehicle shall follow the
last work vehicle at all times and shall be equipped with a truck mounted attenuator
that is certified for impacts not less than 62 mph in accordance with NCHRP350 Test
Level Three (3).
150.05 CHANNELIZATION
A. GENERAL
Channelization shall clearly delineate the travelway through the work zone and alert drivers
and pedestrians to conditions created by work activities in or near the travel way.
Channelization shall be done in accordance with the plans and specifications, the MUTCD,
and the following requirements.
All Channelization Devices utilized on any project shall be NCHRP 350 compliant. Any device
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used on the Work shall be from the Qualified Products List. All devices utilized on the work
shall have a decal, logo, or manufacturer's stamping that clearly identifies the device as
NCHRP 350 compliant. The Contractor may be required to furnish certification from the
Manufacturer for any device to prove NCHRP 350 compliance.
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. The upper edge of the top
reflectorized stripe on the drum shall be located a minimum of 33 inches above
the surface of the roadway. A minimum drum diameter of 18 inches shall be
maintained for a minimum of 34 inches above the roadway.
2) APPLICATION: Drums shall be used as the required channelizing device to
delineate the full length of a lane closure, shift, or encroachment, except as
modified by this Subsection.
3) . TRANSITION TAPERS FOR LANE CLOSURES: Drums shall be used on all
transition tapers. The minimum length for a merging taper for a lane closure on
the travelway shall be as shown in Table 150-1:
TABLE 150-1
Posted Lane Lane Lane Lane Maximum Drum
Speed Width Width Width Width Spacing in Tapers,
Limit, MPH 9 Feet 10 Feet 11 Feet 12 Feet (Feet)
Minimum Taper Lenqth (L) in Feet
20 60 70 75 80 20
25 95 105 115 125 25
30 135 150 165 180 30
35 185 205 225 245 35
40 240 270 295 320 40
45 405 450 495 540 45
50 450 500 550 600 50
55 495 550 605 660 55
60 540 600 660 720 60
65 585 650 715 780 65
70 630 700 770 840 70
75 675 750 825 900 75
If site conditions require a longer taper then the taper shall be lengthened to fit
particular individual situations.
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The length of shifting tapers should be at least 112 L.
The length of a closed lane or lanes, excluding the transition taper(s), shall be
limited to a total of two (2) miles. Prior approval must be obtained from the
Engineer before this length can be increased.
Night time conditions: When a merge taper exists into the night all drums
located in the taper shall have, for the length of the taper only, a six (6") inch
fluorescent orange (ASTM Type VI, VII, VIII, IX or X) reflectorized top stripe on
each drum. The top six-inch stripe may be temporarily attached to the drum
while in use in a taper. All drums that have the six-inch top stripe permanently
attached shall not be used for any other conditions.
Multiple Lane Closures:
(a) A maximum of one lane at a time shall be closed with each merge taper.
(b) A minimum tangent length of 2 L shall be installed between each individual
lane closure taper.
4) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for
various roadside work conditions except as modified by Subsection lSO.06.
Spacing shall be used for situations meeting any of the conditions listed as
follows:
(a) 40 FOOT SPACING MAXIMUM
(1) For difference in elevation exceeding two inches.
(2) For healed sections no steeper than 4: 1 as shown in Subsection lSO.06,
Detail ISO-E.
(b) 80 FOOT SPACING MAXIMUM
(1) For difference in elevation of two inches or less.
(2) Flush areas where equipment or workers are within ten feet of the travel
lane.
(c) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than
ten feet from travel lane. Lateral offset clearance to be four feet from the
travel lane.
(1) For paved areas eight feet or greater in width that are paved flush with a
standard width travel lane.
(2) For disturbed shoulder areas not completed to typical section that are
flush to the travel lane and considered a usable shoulder.
REMOVAL OF DRUMS: Drums may be removed after shoulders are completed to
typical section and grassed. Guardrail and other safety devices shall be installed and
appropriate signs advising of conditions such as soft or low shoulder shall be posted.
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before the drums are removed.
b. VERTICAL PANELS
1) DESGN: All vertical panels shall meet the minimum requirements of the MUTCD.
All vertical panels shall have a minimum of 270 square inches of retro-reflective
area facing the traffic and shall be mounted with the top of the reflective panel a
minimum of 36" above the roadway.
2) APPLICATION: Lane encroachment by the drum on the travel way should permit a
remaining lane width of ten feet. When encroachment reduces the travelway to
less than ten feet, vertical panels shall be used to restore the travelway to ten
feet or greater. No other application of vertical panels will be permitted.
c. CONES
1) DESIGN: All cones shall be a minimum of 28 inches in height regardless of
application and shall meetthe requirement of the MUTCD. Reflectorization may
be deleted from all cones.
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. Cones shall not be stored or
allowed to be visible on the worksite during nighttime hours.
d. BARRICADES
DESIGN: Type III barricades shall meet the minimum requirements of the
MUTCD and shall be reflectorized as required in Subsection 1S0.01.C. The
Contractor has the option of choosing Type III barricades from the Qualified
Products List or the Contractor may utilize generic barricades that are approved
by the Federal Highway Administration (FHWA). When barricades have been
specifically crash tested with signs attached, the contractor has the
responsibility to attach the signs as per the manufacturer's recommendations to
ensure crashworthiness. If signs are attached to generic barricades or to
barricades from the Qualified Products List (QPL) that have not been crash
tested with signs attached then the responsibility for crashworthiness and the
liability for mounting these signs to the barricades are assumed by the
Contractor and the Contractor shall certify that the barricades are crashworthy
under FHWA workzone guidelines for NCHRP 350 crash worthy compliance. Any
generic barricades used in the work shall be stamped or stenciled to show
compliance with NCHRP 350. The use of Type I and Type II barricades will not
be permitted.
1) APPLICATION: Type III barricades shall be placed as required by the plans, the
Standards, and as directed by the Engineer. All signs mounted on barricades
shall be mounted to comply with the requirements of the MUTCD and NCHRP
350 Test Level III. NCHRP 350 crash worthy compliance may require that rigid
signs be mounted separate from the Type III barricade.
When a barricade is placed so that it is subject to side impact from a vehicle, a
drum shall be placed at the side of the barricade to add target value to the
barricade.
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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 lSO.03.H.
(b) Type C Steady-Burn lights shall be used as shown in the Plans, the
Standards, and as directed by the Engineer. Steady-burn lights are not
required on drums for merging tapers that exist into the night.
f. TEMPORARY BARRIERS
1) DESIGN: Temporary barriers shall meet the requirements of Sections 620.
2) APPLICATION: Temporary barriers shall be placed as required by the plans,
standards, and as directed by the Engineer. When Temporary barrier is located
20 feet or less from a travel lane, yellow reflectors shall be fixed to the top of the
barrier at intervals not greater than 40 feet in the longitudinal section and 20
feet in the taper section and shall be mounted approximately two inches above
the barrier. If both lanes of a two-lane two-way roadway are within 20 feet or
less of the barrier then the reflectors shall be installed for both directions of
traffic.
The reflectors shall be 100 square inches (ASTM Type VII or VIII) reflective
sheeting mounted on flat-sheet blanks. The reflectors shall be mounted
approximately two inches above the top of the barrier. The reflectors shall be
attached to the barrier with adhesive or by a drilled-in anchor type device. The
reflectors shall not be attached to a post or board that is placed between the gap
in the barrier sections.
Approach end of Temporary barrier shall be flared or protected by an impact
attenuator (crash cushion) or other approved treatment in accordance with
Construction Details/Standards and Standard Specifications.
On interstate or other controlled access highways where lane shifts or crossovers
cause opposing traffic to be separated by less than 40 ft., portable barrier shall
be used as a separator.
B. PORTABLE IMPACT ATTENUATORS:
1. DESCRIPTION
This work consists of the furnishing (including spare parts), installation, maintenance,
relocation, reuse as required, and removal of Portable Impact Attenuator Units/Arrays.
2, MATERIALS
Materials used in the Attenuator shall meet the requirements of Section 648 for Portable
Impact Attenuators.
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3. CONSTRUCTION
Portable Impact Attenuator Unit/Arrays installation shall conform to the requirements of
Section 648, Manufacturer's recommendations and Georgia Standard 4960 and shall be
installed at locations designated by the Engineer, and/or as shown on the plans.
C. TEMPORARY GUARDRAIL ANCHORAGE- Type 12:
1. DESCRIPTION
This work consists of the furnishing, installation, maintenance and removal or Temporary
Guardrail Anchorage- Type 12 used for Portable Barrier or temporary guardrail end
treatment.
2, MATERIALS
Materials used in the Temporary Guardrail Anchorage- Type 12 shall meet the
requirements of Subsection 641.2 of the Specifications and current Georgia Standards
and may be new or used. Materials salvaged from the Project which meet the
requirements of Standards may be utilized if available. The use of any salvaged
materials will require prior approval ofthe Engineer.
3. CONSTRUCTION
Installation of the Temporary Guardrail Anchorage- Type 12 shall conform to the
requirements of the Plans, current Georgia Standards and Subsection 641.3 of the
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 DIFFERENCES IN ELEVATION BETWEEN TRAVEL LANES AND SHOULDERS (SEE
SUBSECTION lSO.OG.G FOR PROJECTS CONSISTING PRIMARILY OF ASPHALTIC
CONCRETE RESURFACING ITEMS)
Any type of work such as paving, grinding, trenching, or excavation that creates a difference in
elevation between travel lanes or between the travelway and the shoulder shall not begin until
the Contractor is prepared and able to continuously place the required typical section to within
two inches (2/1) of the existing pavement elevation. For any areas that the two inches minimum
difference in elevation cannot be accomplished the section shall be healed as shown in Detail
150-E. If crushed stone materials are used to provide a healed section no separate payment will
be made for the material used to heal any section. The Contractor may submit a plan to utilize
existing pay items for crushed stone provided the plan clearly demonstrates that the materials
used to heal an area will be incorporated into the work with minimal waste. Handling and
hauling of any crushed stone used to heal shall be kept to a minimum. The Engineer shall
determine if the crushed stone used to heal meets the specifications for gradation and quality
when the material is placed in the final location. .
A maximum of sixty (60) calendar days shall be allowed for conditions to exist that require any
section or segment of the roadway or ramp to continue to require a healed section as described
by Detail lSO-E. Failure to meet this requirement shall be considered as non-performance of
Work under Subsection 150.08.
When trenching or excavation for minor roadway or shoulder widening is required, all operations
at one site shall be completed to the level of the existing pavement in the same work day.
Any channelization devices utilized in the work shall conform to the requirements of Subsection
lS0.0S and to the placement and spacing requirements in Details lS0-B, 1S0-C, 1S0-D, and lSO-
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E shown in this section.
Any construction activity that reduces the width of a travel lane shall require the use of a W-20
sign with the legend "LEFT/RIGHT LANE NARROWS". Two 24" x 24" red or red/orange flags
may be mounted above the W-20 sign. The W-20 sign shall be located on the side of the
travelway that has been reduced in width just off the travelway edge of pavement. The W-20
sign shall be a minimum of 500 feet in advance of any channelization devices that encroach on
the surface of travelway. A portable changeable message sign may be used in lieu of the W-20
sign.
GENERAL/TIME RESTRICTIONS:
A, STONE BASES, SOIL AGGREGATE BASE AND SOIL BASES
1. All Highways
Differences in elevation of more than two inches between surfaces carrying or adjacent to
traffic will not be allowed for more than a 24-hour period. A single length of excavated
area that does not exceed 1000 feet in total length may be left open as a start up area
for periods not to exceed 48 hours provided the Contractor can demonstrate the ability to
continuously excavate and backfill in a proficient manner. Prior approval of the Engineer
shall be obtained before any startup area may be allowed.
2. LIMITED ACCESS HIGHWAY RAMPS (INTERSTATES):
On projects that include ramp rehabilitation work, one ramp ata time may be excavated
for the entire length of the ramp from the gore point of the ramp with the interstate
mainline to the intersection with the crossing highway. This single ramp may remain
excavated with a vertical difference in elevation greater than two (2") inches for a
maximum of fourteen (14) calendar days with drums spaced at twenty (20') feet intervals
as shown in Detail 150-B and a buffer space accepted under Section 150.06.F. After
fourteen (14) calendar days the section shall be healed as required for all other
highways. This area will be allowed in addition to the 1000 feet allowed for all other
highways.
B. ASPHALT BASES, BINDERS AND TOPPINGS
1. DIFFERENCES IN ELEVATION BETWEEN THE SURFACES OF ADJACENT
TRAVELWAYS
Travel lanes shall be paved with a plan that minimizes any difference in elevation
between adjacent travel lanes. The following limitations will be required on all work:
a. Differences of two inches (2/1) or less may remain for a maximum period of fourteen
(14) calendar days.
b. Differences of greater than two inches (2/1) shall be permitted for continuous
operations only.
EMERGENCY SITUATIONS: Inclement weather, traffic accidents, and other events
beyond the control of the Contractor may prevent the work from being completed as
required above. The Contractor shall notify the Engineer in writing stating the
conditions and reasons that have prevented the Contractor from complying with the
time limitations. The Contractor shall also outline a plan detailing immediate steps to
complete the work. Failure to correct these conditions on the first calendar day that
conditions will allow corrective work shall be considered as non-performance of Work
under Subsection lSO.OS.
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2, Differences in Elevation Between Asphalt Travelway and Paved Shoulders
Differences in elevation between the asphalt travelway and asphalt paved shoulders shall
not be allowed to exist beyond the maximum durations outlined below for the conditions
shown in Details 150-8, 150-C, lSO-D, and lSO-E:
Detail 150-B conditions shall not be allowed for more than 24 hours. A single length that
does not exceed 1000 feet in total length may be left open for periods not to exceed 48
hours provided the Contractor can demonstrate the ability to continuously pave in a
proficient manner. Prior approval of the Engineer shall be obtained before any section is
allowed to exceed 24 hours. Any other disturbed shoulder areas shall be healed as in
Detail lSO-E.
Detail 150-C conditions will not be allowed for more than 48 hours.
Detail lSO-D conditions will not be allowed for more than 30 calendar days.
Detail IS0-E conditions will not be allowed for more than 60 calendar days.
Failure to meet these requirements shall be considered as non-performance of Work
under Subsection IS0.0S.
C. PORTLAND CEMENT CONCRETE
Work adjacent to a Portland Cement Concrete traveled way which involves the following
types of base and shoulders shall be accomplished according to the time restrictions outlined
for each type of base or shoulder. Traffic control devices shall be in accordance with
Subsection IS0.0S.
1. Cement Stabilized Base
Work adjacent to the traveled way shall be healed as per Deta iI lS0- E within forty-eight
(48) hours after the seven (7) calendar day curing period is complete for each section
placed. During the placement and curing period, traffic control shall be in accordance
Detail ISO-B.
2. Asphaltic Concrete Base
When an asphaltic concrete base is utilized in lieu of a cement stabilized base the
asphaltic concrete base shall be healed as per Detail lSO-E within forty-eight (48) hours
after the placement of each section of asphaltic concrete base. For the First forty eight
hours traffic control shall be in compliance with Detail lSO-B.
3. Concrete Paved Shoulders
Concrete paved shoulders shall be placed within sixty (60) calendar days after the
removal of each section of existing shoulder regardless of the type of base materials
being placed on the shoulders. During the placement period, traffic control devices shall
be in accordance with the appropriate detail based on the depth of the change in
elevation. Differences in elevation of more than two inches between the travel way and
the shoulder will not be allowed for more than a 24-hour period. A single length of
excavated area that does not exceed 1000 feet in total length may be left open as a start
up area for periods not to exceed 48 hours provided the Contractor can demonstrate the
ability to continuously excavate and backfill in a proficient manner. Prior approval of the
Engineer shall be obtained before any startup area may be allowed. Any other disturbed
shoulder areas shall be healed as in Detail lSO-E.
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4. Asphaltic Concrete Shoulders
A difference in elevation that meets the requirements of Detail lS0-B shall not be
allowed to exist for a period greater than forty-eight (48) hours. After the removal of the
existing shoulder the section or segment of travelway may be healed with stone as per
Detail lSO-E for a maximum of fourteen (14) calendar days. Asphaltic concrete shoulders
shall be placed within two (2") inches or less of the traveled way surface within fourteen
(14) calendar days after the removal of the stone healed section or the removal of each
section of the existing shoulder. The two (2") inches or less difference in elevation shall
not remain in existence for a period that exceeds thirty (30) calendar days unless the
paved shoulder is utilized as a detour for the traveled way. During the placement period,
traffic control shall be in accordance with the appropriate detail based on the depth of
the change in elevation.
The Contractor may propose an alternate plan based on Subsection lSO.06. F. Failure to
meet the above requirements and time restrictions shall be considered as non-
performance of Work under Subsection iS0.08.
O. MISCELLANEOUS ELEVATION DIFFERENTIALS FOR EXCAVATIONS ADJACENT TO
THE TRAVELWAY
Drainage structures, utility facilities, or any other work which results in a difference in
elevation adjacent to the travelway shall be planned and coordinated to be performed in
such a manner to minimize the time traffic is exposed to this condition. The excavation
should be back filled to the minimum requirements of Detail 150-E as soon as practical.
Stage construction such as plating or backfilling the incomplete work may be required.
The difference in elevation shall not be allowed to exist for more than five (5) calendar
days under any circumstances. Failure to correct this condition shall be considered as
non-performance of Work under Subsection lSO.08.
E. CONDUIT INSTALLATION IN PAVED AND DIRT SHOULDERS
The installation of conduit and conduit systems along the shoulders of a traveled way
shall be planned and installed in a manner to minimize the length of time that traffic is
exposed to a difference in elevation condition. The following restrictions and limitations
shall apply:
1. Differences in Elevation of Two (2") Inches or Less
The shoulder may remain open when workers are not present. When workers are
present the shoulder shall be closed and the channelization devices shall meet the
requirements of Subsection iS0.0S. The difference in elevation on the shoulder shall
remain for a maximum period of fourteen (14) calendar days.
2. Differences in Elevation Greater Than Two (2") Inches
The shoulder shall be closed. The shoulder closure shall not exceed twenty-four (24)
hours in duration unless the Special Conditions in Subsection 150.11 modifies this
restriction or the Engineer allows the work to be considered as a continuous operation.
Failure to meet these requirements shall be considered as non-performance of Work
under Subsection lSQ,08.
F. MODIFICATIONS TO DETAILS 150-8, 150-C, 150-0 AND 150-E
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The Contractor may propose any alternate temporary traffic control plan that utilizes a
portion of the travel lane as a "buffer space/l. This buffer space may allow for an enhanced
work area that will allow for the placement of materials to proceed at a pace that could not
be achieved with the time restriction requirements outlined in Section 150.06.A, lSO.06.B,
and IS0.06.C. The Contractor may propose modified time restrictions based on the use of
the buffer space. Any proposed modifications in the time duration allowed for the
differences in elevations to exist shall be reviewed by the Engineer as a component of the
overall TIC plan. No modifications shall be made until the proposed plan is accepted by the
Engineer. The Engineer shall have no obligation to consider any proposal which results in an
increase in cost to the Department.
For the travel lane described in each of the details lS0-B, 1S0-C, 150-D and 150-E it is
presumed that the pavement marking edgeline (yellow or white solid stripe) is located at the
very edge of the travel lane surface. A buffer space (temporary paved shoulder) that utilizes
a portion of the travel lane should be six (6') feet in width desirable but shall not be less
than four (4') feet in width. Any remaining travellane(s) shall not be less than ten (10') feet
in width.
If the proposed shifting of the traffic to obtain a buffer space and maintain a minimum travel
lane(s) of ten (10') feet requires the use of any existing paved shoulders then the cost of
maintenance and repair of the existing paved shoulder(s) shall be the responsibility of the
Contractor. The Contractor is responsible for the costs of maintenance and repairs even if
the existing paved shoulder(s) is to be removed in a later stage of the work. Existing
shoulders that have rumble strips shall have the rumble strips removed before the shoulder
can be utilized as part of the travel lane. The cost of the removal of the rumble strips shall
be done at no cost to the Department even if the shoulder is to be removed in a later stage
of the work.
Any modifications to the staging and time restrictions that are approved as part of the TIC
plan shall be agreed to in writing. Failure to meet these modifications shall be considered as
non-performance of the Work under Subsection lSO.08.
G. ASPHALTIC CONCRETE RESURFACING PROJECTS
SHOULDER CONSTRUCTION INCLUDED AS A PART OF THE CONTRACT: When the
placement of asphaltic concrete materials creates a difference in elevation greater than two
(2") inches between the earth shoulder (grassed or un-grassed) and the edge of travelway
or between the earth shoulder and a paved shoulder that is less than four (4') feet in width,
the Contractor shall place and maintain drums in accordance with the requirements of
Subsection 150.05A.1.aA). When the edge of the paved surface is tapered with a 30-45
degree wedge, drums may be spaced at 2.0 times the speed limit in MPH. Drums shall
remain in place and be maintained until the difference in elevation has been eliminated by
the placement of the appropriate shoulder materials.
SHOULDER CONSTRUCTION NOT INCLUDED AS A PART OF THE CONTRACT: When the
placement of asphaltic concrete materials creates a difference in elevation greater than two
(2") inches between the earth shoulder (grassed or un-grassed) and the edge of travelway
or between the earth shoulder and a paved shoulder that is less than four (4') feet in width,
the Contractor shall notify the Engineer, in writing, when the resurfacing work including all
punchlist items has been completed.
See Subsection IS0.03.L for the requirements for "LOW/SOFT SHOULDERS" and
"SHOULDER DROP-OFF" signage.
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Location of drums when Elevation Difference exceeds 4 inches. Drums spaced at 20 foot intervals. Note:
If the travel way width is reduced to less than 10 feet by the use of drums, vertical panels shall be used in
lieu of drums.
/
f
I
New Construction
f-------::::::::::::::::::~
I Travel Lane
. .. . .
..
..
ELEV A TION DIFFERENCE GREATER THAN 4 INCHES
DETAIL 150-8
Dmms spaced at 40 foot intervals.
Location of drums when Elevation
Difference is 2+ inches to 4 inches.
6 inches :!:
~---------------------------~
-------------------------~
.1.
New Constmction
Travel Lane
.. ..
.
.
ELEY AnQNJ)IEEEJ~.ENCE_2,:t to 4 inches
QE.IAIL__liQ:C
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Drums spaced at 80 foot intervals.
Location of drums when Elevation
Difference is 2 inches or less.
4 feet :l:
New Construction
~-------------------------I-- .
--------------------------
.1.
Travel Lane
.. ..
.
.
ELEYATlQN.DJUE_REN"-C:.IlOF 2 INCHES OR LESS
DETAIL 150-D
Location of drums immediately after
completion of healed sections spaced at 40
foot intervals.
Compacted graded aggregate,
subbase material or dirt.
.-
=\
TOP OF DRUM TO BE LEVEL
NO STEEPER THAN 4: I
2 feet :l:
New Construction
-------------------------1--
--------------------------
.1.
Travel Lane
.. ..
.
.
HEAkEI2.SECTION
DE.IAIk 150-E
150.07
FLAGGING AND PILOT CARS:
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A, FLAGGERS
Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special
Provisions, and as required by the Engineer.
B, FLAGGER CERTIFICATION
All flaggers shall meet the requirements of the MUTCD and shall have received training and
a certificate upon completion of the training from one of the following organizations:
National Safety Council
Southern Safety ~ces
Construction Safe~nsultants
Ivey Consultants
American Traffic Safety Services Association (ATSSA)
Certifications from other agencies will be accepted only if their training program has been
approved by anyone of the organizations listed above.
Failure to provide certified flaggers as required above shall be reason for the Engineer
suspending work involving the flagger(s) until the Contractor provides the certified flagger
(s). Flaggers shall have proof of certification and valid identification (photo I.D.) available
any time they are performing flagger duties.
C, FLAGGER APPEARANCE AND EQUIPMENT
Flaggers shall wear high-visibility clothing in compliance with Subsection iS0.01.A and shall
use a Stop/Slow paddle meeting the requirements of the MUTCD for controlling traffic. The
Stop/Slow paddles shall have a shaft length of seven (7) feet minimum. The Stop/Slow
paddle shall be retro-reflectorized for both day and night usage. In addition to the
Stop/Slow paddle, a flagger may use a flag as an additional device to attract attention. This
flag shall meet the minimum requirements of the MUTCD. The flag shall, as a minimum, be
24" inches square and red or red/orange in color. For night work, the vest shall have
reflectorized stripes which meet the requirements of the MUTCD.
D. FLAGGER WARNING SIGNS
Signs for flagger traffic control shall be placed in advance of the flagging operation in
accordance with the MUTCD. In addition to the signs required by the MUTCD, signs at
regular intervals, warning of the presence of the flagger shall be placed beyond the point
where traffic can reasonably be expected to stop under the most severe conditions for that
day's work.
E. PILOTVEHICLE REQUIREMENTS
Pilot vehicles will be required during placement of bituminous surface treatment or asphaltic
concrete on two"'lane roadways unless otherwise specified. Pilot vehicles shall meet the
requirements of the MUTCD.
F, PORTABLE TEMPORARY TRAFFIC CONTROL SIGNALS
The Contractor may request, in writing, the substitution of portable temporary traffic control
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signals for flaggers on two-lane two-way roadways provided the temporary signals meets
the requirements of the MUTCD, Section 647, and Subsection 150.02.A.8. As a part of this
request, the Contractor shall also submit an alternate temporary traffic control plan in the
event of a failure of the signals. Any alternate plan that requires the use of flaggers shall
include the use of certified flaggers. The Contractor shall obtain the approval of the
Engineer before the use of any portable temporary traffic control signals will be permitted.
150.08 ENFORCEMENT
The safe passage of pedestrians 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 (TRAFFIC CONTROL) will result in non-refundable deductions of monies from the
Contract as shown in this Subsection for non-performance of Work.
Failure of the Contractor to comply with this Specification shall be reason for the Engineer
suspending all other work on the Project, except erosion control and traffic control, taking
corrective action as specified in Subsection 105.1S, and/or withholding payment of monies due
to the Contractor for any work on the Project until traffic control deficiencies are corrected.
These other actions shall be in addition to the deductions for non-performance of traffic control.
SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF TRAFFIC
CONTROL INSTAllATION AND/OR MAINTENANCE
ORIGINAL TOTAL CONTRACT AMOUNT
From More Than To and Including Daily Charge
$0 $100,000 $200
$100,000 $1,000,000 $500
$1,000,000 $5,000,000 $1,000
$5,000,000 $20,000,000 $1,500
$20,000,000 $40,000,000 $2,000
$40,000,000 $------------- $3,000
150.09 MEASUREMENT
A. TRAFFIC CONTROL
When listed as a pay item in the Proposal, payment will be made at the Lump Sum price bid,
which will include all traffic control not paid for separately, and will be paid as follows:
When the first Construction Report is submitted, a payment of 25 (twenty-five) percent of
the Lump Sum price will be made. For each progress payment thereafter, the total of the
Project percent complete shown on the last pay statement plus 25 (twenty-five) percent will
be paid (less previous payments), not to exceed one hundred (100) percent.
When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the
requirements of Section 150 and the Temporary Traffic Control Plan shall be in full force and
effect. The cost of complying with these requirements will not be paid for separately, but
shall be included in the overall bid submittal.
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B. SIGNS
When shown as a pay item in the contract, interim special guide signs will be paid for as
listed below. All other regulatory, warning, and guide signs, as required by the Contract, will
be paid for under Traffic Control Lump Sum or included in the overall bid submitted.
1. Interim ground mounted or interim overhead special guide signs will be measured for
payment by the square foot. This payment shall be full compensation for furnishing the'
signs, including supports as required, erecting, illuminating overhead signs, maintaining,
removing, re-erecting, and final removal from the Project. Payment will be made only
one time regardless of the number of moves required.
2. Remove and reset existing special guide signs, ground mount or overhead, complete, in
place, will be measured for payment per each. Payment will be made only one time
regardless of the number of moves required.
3. Modify special guide signs, ground mount or overhead, will be measured for payment by
the square foot. The area measured shall include only that portion of the sign modified.
Payment shall include materials, removal from posts or supports when necessary, and
remounting as required.
C. TEMPORARY BARRIER
Temporary Barrier shall be measured as specified in SectiQ[lJ2?_Q.
D. CHANGEABLE MESSAGE SIGN, PORTABLE
Changeable Message Sign, Portable will be measured as specified in Se_ction 632.
E. TEMPORARY GUARDRAIL ANCHORAGE, Type 12
Temporary Guardrail Anchorage- Type 12 will be measured by each assembly, complete in
place and accepted according to the details shown in the plans, which shall also include the
additional guardrail and appurtenances necessary for transition and connection to
Temporary Concrete Barrier. Payment shall include all necessary materials, equipment,
labor, site preparation, maintenance and removal.
F. TRAFFIC SIGNAL INSTALLATION- TEMPORARY
Traffic Signal Installation- Temporary will be measured as specified in Section 647.
G, FLASHING BEACON ASSEMBLY
Flashing Beacon Assemblies will be measured as specified in Section 647.
H. PORTABLE IMPACT ATTENUATORS
Each Portable Impact Attenuator will be measured by the unit/array which shall include all
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material components, hardware, incidentals, labor, site preparation, and maintenance,
including spare parts recommended by the manufacturer for repairing accident damage.
Each unit will be measured only once regardless of the number of locations 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.
I. PAVEMENT MARKINGS
Pavement markings will be measured as specified in Section 150.
150,10 PAYMENT:
When shown in the Schedule of Items in the Proposal, the following items will be paid
for separately.
Item No. 150. Traffic Control............................................................
Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color)....
Item No. 150. Traffic Control, Skip Traffic Stripe _ Inch, (Color) ....
Item No. 150. Traffic Control, Solid Traffic Stripe,
Thermoplastic _ Inch, (Color) ..........................
Item No. 150. Traffic Control, Skip Traffic Stripe,
Thermoplastic _ Inch, (Color) ........................
Item No. 150. Traffic Control, Pavement Arrow with
Raised Reflectors ........... ............ ............................
Item No. 150. Traffic Control, Raised Pavement Markers-All Types.
Item No. 150. Interim Ground Mounted Special Guide Signs ........
Item No. 150. Interim Overhead Special Guide Signs ...................
Item No. 150. Remove & Reset Existing Special Guide Signs,
Ground Mount, Complete in Place ........................
Item No. 150. Remove & Reset, Existing Special Guide Signs,
Overhead, Complete in Place ...............................
Item No. 150. Traffic Control, Portable Impact Attenuator.............
Item No. 150. Traffic Control, Pavement Markers, Words
and Symbols .........................................................
Item No. 150. Traffic Control, Pavement Arrow (Painted) with
Raised Reflectors ... ............... ..................... ............
Item No. 150. Traffic Control, Workzone Law Enforcement...........
Item No. 150. Modify Special Guide Sign, Ground Mount..............
Item No. 150. Modify Special Guide Sign, Overhead.....................
Item No. 620. Temporary Barrier..................................................
Item No. 632. Changeable Message Sign, Portable ......................
Item No. 641. Temporary Guardrail Anchorage, Type 12 ............
Item No. 647. Traffic Signal Installation, Temp ............................
Item No. 647. Flashing Beacon Assembly, Structure Mounted .....
Item No. 647. Flashing Beacon Assembly, Cable Supported ........
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Lump Sum
per Linear Mile
per Linear mile
per Linear Mile
per Linear Mile'
per Each
per Each
per Square Foot
per Square Foot
per Each
per Each
per Each
per Square Foot
per Each
per Hour
per Square Foot
per Square Foot
per Lineal Foot
per Each
per Each
Lump Sum
per Each
per Each
12/7 /2007