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HomeMy WebLinkAboutGlenn Hills Bridge Safety Fence Augusta Richmond GA DOCUMENT NAME: GJe-YlYI 1+1\ [S '](t"d~ Sv-+-k<j y-e fl c.e DOCUMENT TYPE: C b()+rG..C+ YEAR: , 00(0 BOX NUMBER: FILE NUMBER: ) ~ 74- 9 NUMBER OF PAGES: g&J I I I I I I I I I I I I I I I I I I I JJSJ OF PROJECT DOCUMENTS GLENN HILLS BRIDGE SAFETY FENCE Project Number: 55-8596-095 SECTION PAGES Instruction ,to Bidders IB-l thru IB-3 Georgia Prompt Pay Act Minority and Economically Disadvantaged Business Support PPA-l Special Conditions ME-l SP-l A-l thru A-4 1 thru 33 SC-l thru SC-2 P-l thru P-2 G-l thru G-3 TC-l thru TC 23 1 thru 7 Agreement General Conditions Supplementary Conditions Proposal General Notes Traffic Control Specifications Plans I I I I I I I I I I I I I I I I I I I SECTION IB INSTRUCTION TO BIDDERS IB-01 GENERAL All proposals must be presented in a sealed envelope, a4dressed 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 wiil be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality'and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or Obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, and to be given consideration must be received at least five 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 by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. IB-1 I I I I I I I I I I I I I I I I I I I IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify ,the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called ,for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-2 I I I I I I I I I I I I I I I I I I I IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope,' a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the Obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-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 doing of 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 I I I I I I I I I I I I I I I I I I I GEORGIA PROMeIPAY ACT This contract 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 seg. In the event any provision of this Contract is inconsistent with any provision of the Prompt Pay Act, the provision of this contract shall control. 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" . PPA-1 I I I I I I I I I I I I I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County- Council to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support, this intention, this project is offered to All qualified firms. The bids will be evaluated based on qualifications, price and construction time. with all other items, being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. ME-l I I I I I I I I I I I I I I I I I I I GLENN HILLS BRIDGE SAFETY FENCE project Number: 55-8596-095 SPECIAL CONDITIONS SCOPE: This project includes ,the complete installation of a, safety fence on both sides of the existing bridge on Glenn Hills Drive over 1-520 (Bobby Jones Expressway)~ SEOUENCE OF OPERATIONS : The Contractor shall not perform any work or activities that will conflict, delay or endanger school pedestrians or school vehicular traffic. NOTE: Once construction begins, the contractor shall prosecute the work diligently to completion. All work shall be completed within 60 Calendar Days. Failure to have all work completed within 60 Calendar Days shall resul t in liquidating damages being assessed in the amount of $500 per calendar day until all work is completed. The 60 Calendar Days includes any required fabrication period. SP-l .1 I I I I I I I I I I I I I I I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the ___ day of , 19_ by and between Auausta-Richmond County Commission-Council party of the first part, hereinafter called the OWNER, and Allsteel Products Company party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter named, 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: Glenn Hills Bridge Safety Fence Project Number: 55-8596-095 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 ~ calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 60 calendar days with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will ensure full completion thereof wi thin the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. A-1 I I I I I I I I I I I I I I I I I I I 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), 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 an 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) Proqress Payment On no later than the fifth day 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 I I I I I I I I I I I I I I I I I I I 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 I make payment of the balance due for that portion of the work fully completed and accepted. 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 I I I I I I I I I I I I I I I I I I I 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. SEAL AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL (Owner) By: a- Richmond County Commission-Council ::~TRAC~1A~&;~- Title: ()u,)}..lp;(l Address: 1 S- D 5"" eMU-- 'Do ttJ)cv.b uJ. 0....tJLU. ~lf)(.4 SC ~ 7176 f A-4 I I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Title ~ DEFINITIONS" '" ".".,'..,..."". ,...,..,.,........,.... '...... PRELI~lIN AR Y MA TIERS ."",......,.....,.,...,.....,'.,...... CONTRACT DOCUMENTS: [NTENT. AMENDING AND REUSE...,...,........,....,......... A V AILAB[LITY OF LANDS: PHYSICAL CO~D[TIONS: REFERENCE POINTS.... ............ ....... ... ........,.. .......... BONDS AND [NSURANCE ......................................., CONTRACTOR'S RESPONSIBILITIES- ., ,. ....,.,......... ..... ... OTHER WORK .,',...',."....,."..........,.,...................' OWNER'S RESPONSIBILITIES.".............,................... , ENGINEER'S STATUS DURING CONSTRUCTION .............. CHA~GES [:--I THE WORK......................................... CHANGE OF CONTRACT PRICE.................................. CHANGE OF CONTRACT TIME ,'.".,.,.,.....,.,.,.,'.."....,., WARRANTY AND GUARANTEE: TESTS AND [NSPECTIONS: CORRECT[ON, REMOV AL OR ACCEPTANCE OF DEFECT[VE WORK.. ..... .. .. .. .. . .. .. .. .. .. . PA YMENTS TO CONTRACTOR AND COMPLET[ON ".,......., SUSPENSION OF WORK AND TERM[NATION ,."... ,..,."... ARB[TRAT[ON ,.".",.""..,'....."....".,.,...,'.,...,........ ~lISCELL\:--IEOUS.""""",..".."..."...,...,......".....,. , 3 4 5 6 7 8 9 10 II l~ 13 14 15 16 Ii 3 Pa~e 8 9 10 II 14 18 19 19 ~1 21 24 ~4 26 ~9 31 '''l )- I I INDEX TO GENERAL CONDITIONS I Anici~ or Paragraph Numb~r Acceptance of Insurance ............................. 5.13 Access 10 the Work ..................................13.2 Addenda~efinilion of (see definition of Speciiications) ........................................ I Agreemenl~efinition of .............................. ~. I All Risk Insunnce ..................................... 5.6 Amendment. Written ............................. 1.3.1.1 Application for Pa yment~eiinition of .................. I Application for Payment. Final ...................... 14.12 Application for Progress Payment .................... 14.2 Application for Progress Payment-revlew of .... 14.4-14.7 Arbitration ............................................. 16 A uthorized V mation in Work ......................... 9.5 A vailability of Lands .................................. 4.1 Award. ~otice of -de fined .............................. I I I I I I Before Slarting Constl11ction ..........,........... :.5.2. i Bid-deiinition of ....................................... I Bonds and Insurance-in general ........................ 5 Bonds--definition of . .. , . . . . . . . . . . . .. .. . .. .. .. .. . . .. . . ... I Bonds. Delivery of ............................. _ :.1. 5.1 Bonds. Performance and Other .................... 5.1-5.1 I I Cash AIIowances ..................................... 11.8 Change Order-dennition of ............................. I Change Orders-to be executed ...................... 10.4 Changes in the Work ................................... 10 Claims. Waiver of~n Final Paymenl ............... 14.16 Clarificalions and Interpretations ...................... 9.4 Oeaning .,........................................... 6.17 Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . .. 14 Compieuon. Suostantial .."......"............. 14.8-14,9 Conferenc:. Pre:::onstl11ction .,'...,...,..,............ :.8 COnl~ic:. E:ror. Dlscrepancy-Cuntractor to Report .".".,......................,....... :!.5. J.3 Construction Machinery. Equipment. etc. ............. 6.~ Continuing Work ..,.................................. 6.19 Contract Documents-amending and supplementing .,.......... ,...................... 3.4-3.5 Contract Documents--detinition of ....................,. 1 Contracl Documents-Intent ....,................. 3. 1.3.3 Contract Documents--Reuse of ....................... 3.6 Contracl Price. Change of .............................. 11 Contract Price-.:iennition "........,..................., I Contracl Time. Change of ,.............,............... I: Contract Time. Commencement of .................... :.3 Contract Time-.:ieiinition of ............................ I Contractor~elinition of ................................ I Contractor May SlOP Work or Terminate '............ 15.5 ConlraCtor's Continuing Obligation.,.. ,............. 14.15 Contr:lctor's Duty 10 Report Discrepancy in Documents .................................. :.5.3.: C0nlr:lCIOr'S Fc:c:-COSI Plus.... lU.5.6.11.5.1.11.6-11.7 Contractor's Liability Insurance.. .....,............... 5.3 Contr.1CIOr'S Responsibilities-in general .."............ 6 I I I I I I I I I Contractor's Warranty ofTitJe ........................ 14.3 Contracto~ther ...................................... 7 Contractual Liability Insurance ........................ 5.4 Coordinating Contractor~efinition of ................ 7.4 Coordination .......................................... 7.4 Copies of Documents. . . . . . . . . . . . . . . . . .. .. .. .. .. . . . . . .. :.1 Correction or Removal of Defective Work ........... 13.1 I Correction Period. One Year ........................13.12 Correction. Removal or Acceptance of Defective Work-in general ...........................13.11-13.14 Cost-net decrease ...................:............. 11.6.1 Cost of Work.................................... 11.4-11.5 Costs. Supplemental ................................ 11.4.5 Day-definition of ....................................... I D~f~crivt-definition of ................................. I D~f~crive Work. Acceptance of ...................... 13.13 D~f~crive Work. Correction or Removal of .......... 13.11 ' D~f~criveWork-ingeneral ............... 13.14.7.14.11 D~f~ctive Work. Rejecting..... ................ ........ 9.6 Definitions .............................................. I Delivery of Bonds ..................................... 2.1 Determination for Unil Prices ........................ 9.10 Disputes. Decisions by Engineer................. 9.11-9.12 Documents. Copies of ................................. 2.2 Documents. Record .....:............................ 6. 19 Documents. Reuse .................................... 3.6 Drawings--definition of ................................. I Easements ,........................................... 4.1 Effective date of Agreemenl-definition of . . . . . . . . . . . . . .. 1 Emergencies .......................,.................. 6.11 Engineer~efinition of '....................,..,'........ I Engineer's Decisions ,.......................',.' 9.10-9.1:2 Engineer's-Notice Work is Acceptable ,.......,.... 14.13 Engineer's Recommendation of Payment ...... 14,4. 14.13 Engineer's Responsibilities. Limitations on ................. 6.6,9.11,9.13-9.16,18.2 Engineer's Slatus During ConstrUction-in general .,.... 9 Equipment. L.1bor. Materials and .................. 6.3-6.6 Equivalent Materials and Equipment ,......."........ 6.7 Explorations oi physical conditions..... , . '... .. .. .'... 4.2 Fee. Conlraclor's-Costs Plus........... ............. 11.6 Field Order~efinilion of ..,......,..................... I Field Order-issued by Engineer ................ 3.5.1. 9.5 Final Application for Payment.,..................... 14.12 Final Inspection ..................................... 14.11 Final Payment and Acceptance ...................... 14.13 Final Payment. Recommendation of ........... 14.13-14.14 General Provisions,..,.......................... J7.3-li.4 General Requiremenls--definilion of , . . . . . . . . . . . . . . . . . . " I General Requiremenls-pnncipal references 10 ,..',...".".'.. 2.6. 4.4. 6.4. 6.6-6.7. 6.23 -+ I I Giving Notice ........................................ 17.1 Guarantee of Work-by ContraCtor................... 13.1 Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.3G-6.32. 7.5 I Inspection. Final ....................................14.11 Inspection. Tests and .......... .'...................... 13.3 Insurance. Bonds and-in general ....................... 5 I Insurance. C ertmcates of ........................... 2.7. 5 Insurance~ompleted operations. . . . . . . . . . .. . . . . . . . . ., 5.3 Insurance. Contractor's Liability ...................... 5.3 Insurance. Contractual Liability ....................... 5.4' I Insurance. Owner's Liability .......................... 5.5 Insurance. Property ,............................. 5.6-5.13 Insurance-Waiver of Rights ....,.................... 5.11 Intent of Contract Documents ................... 3.3. 9.14 I Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions. . . . . .. .. . . . . . . . . .. 4.1 I Labor. Materials and Equipment .................. 6.3-6.5 Laws and Regulation~etinition of ..................... 1 Laws and Regulations-general....................... 6.14 Liability Insurance-Contractor's ..................... 5.3 I Liability Insurance-Owner's ......................... 5.5 Lien~etinitions of ....... .........,.. ...... ... .... 14.1 Limitations on Engineer's Responsibilities ..................... 6.6.9.11. 9.13-9.16 I Materials and equipment-fumished by Contractor .... 6.3 Materials and equipment-not I incorporated in Work ..............................14.2 Materials or equipment-equivalent ................... 6.7 Miscellaneous Provisions............................... 17 Multi-prime contracts .... ~ . . .. . . .. . . . . .. .... .. ." . . ., . .. 7 I Notice. Giving of . .................................... 17.1 Notice of Acceptability of Project ................... 14.13 Notice of A ward--<iefinition of .......................... I Notice to Proceeri--<iefinition of ..,...................... I Notice to Proceed-giving ot" ,...".................... 1.3 I I "Or-Equal" Items..................................... 6. i Other contractors ..,..................... . . . . . . . . . . . . . ., i Other work .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. i Overtime Work-prohibition of ..... ................... 6.3 Owner--<iefinition of .................................... I Owner May Correct Defecri\'~ Work................. 13.14 Owner May Stop Work............................:. 13,10 Owner May Suspend Work. Terminate .......... 15.1-15A Owner's Duty to Execute Change Orders ............. 11.8 Owner's Liability Insurance ........................... 5.5 Owner's Representative-Engineer to serve as ........ 9,1 Owner's Responsibilities-in general .................... 8 Owner' 5 Separate Representative at site ....,.......... 9,3 I I I I Partial Utilization ,....,............................ 14.10 Partial Utilization-Jennition ot ,........................ 1 Partial Utilization-Property Insurance............... 5.15 Patent Fees and Royalties ..,........"............... 6. I: Payments. Recommendation of ........,.. 14.4-1~. i. 14.13 Payments to C"ntractor-in general .................... l~ I I Payments to Contractor-when due ........... 14.4, 14.13 Payments to Contractor-withholding ................ 14.7 Perfonnance and otber Bonds ..................... 5.1-5.2 Permits. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. .... . . . .. . .. .. 6.13 Physical Conditions .................... ~.. .. .. .. ...... 4.2 Physical Conditions-Engineer's review ............. 4.2.4 , Physical Conditions-existing structures ..... . . . . . . .. 4.2.2 Physical Condition.s--explorations and reports. " .. .. 4.2.1 Physical Conditions-possible document change ..... 4.2.~ Physical Conditions-price and time adjustments .... 4.2.5 Physical Conditi'ons-report of differing ............. 4.2.3 Physical Conditions-Underground Facilities .......... 4.3 Preconstruction Conference ........................... 2.8 Preliminary Matters ......................:.....;........ 2 Premises. Use of ................................ 6.16-6.18 Price. Change of Contract .............................. II Price-Contract--<iefinition of ............................ 1 Progress Payment. Applications for. . . . . .. .. . . . . . . . . .. 14.2 Progress Payment-retainage ......................... 14.2 Progress schedule ............... 2.6. 2.9. 6.6. 6.29. 15.2.6 Project--<lefinition of .................................... I Project Representation-provlsion for ................. 9.3 Project Representative. Resident--<lefinition of .......... I Project. Starting the ................................... 1.4 Property Insurance............................... 5.6-5.13 Property Insurance-Partial Utilization ............... 5.15 Property Insurance-Receipt and Application of Proceeds ................................... 5.12-5.13 Protection. Safety and ........................... 6.2G-6.21 Punch list ........................................... 14.11 Recommendation of Payment.................. 14.4. 14.13 Record Documents ................................... 6.19 Reference Points ................................. .,.... 4.4 Regulations. Laws and ............................... 6.14 Rejecting Defecrive Work ............................. 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not E:tclusive ............................. 17.4 Removal or Correction of Defecliv~ Wark ....,...... 13.11 Resident Project, Representative.-:lennition of ""....... I Resident Project Representative-provision for........ 9.3 Responsibilities. Contractor's-in general ...,........... 6 Responsibilities. Engineer's-in general ................. 9 Responsibilities. Owner's-in general.................... 8 Retainage ............................................ 14.2 Reuse of Documents .................................. 3.5 Rights of Way ",.............................,........ 4.1 Royalties. Patent Fees and ........................... 6.12 Safety and Protection....... 6.20-6.21, 18.1-18.2 Samples........... ..... .. ... ...... .. ..... .... ,.. 6.23-6.28 Schedule of progress ........ 1.6. 2.8-2.9. 6.6. 6.29. 15.1.6 Schedule of Shop Drawing submissions... .. ................. 1.6. 1.8-2.9. 6.13. 14.1 Schedule of values ...................... :.6. 2.8-2.9. I ~.I Schedules. Finalizing .................................. 2.9 Shop Drawings and Samples. . . . . . . . . . . . . . . . . . . .. 6.23-6.28 Shop Drawings---Jefinition of , . . . . .. . . . .. . .. . . .. .. .. .. ... I Shop Drawings. use to approve substitutions .......................... '. . . . .. .. . ." 6.7.3 5 I I Site. Visits to--by Engineer ........................... 9.2 I Spec~cations-de~nition of ........... .... .............. 1 StarUng ConstrUcuon. Before ..... ~ . . .. . .. . .. . ., . .. 2.5-2.8 Starting the Project .............. ~ . . . . . . . . . . . . . . . . . . . .. 2.4 Stopping W ork-by ContraCtor ....................... 15.5 I Stopping Work-by Owner .... ...................... 13.10 Subcootractor-definitioD of ............................. 1 Subcontractors--in general....................... 6.8-6.11 SubcontraCl$-fequircd provisions ............5.11.1. 6.11 I 11.4.3 Substantial Completion--cenification of .............. 14.8 Substantial Completion-definitioD of . . . .. . . . . . . . . . . . . . .. 1 Substitute or "Or-Equal..ltems ....................... 6.7 I Subsurface Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 4.2-4.3 Supplemental costs ................................. 11.4.5 SupplementarY Conditions-definition of ................ 1 I SupplementarY Conditions-principal references to .. 2.2.4.2.5.1.5.3.5.6-5.8.6.3.6.13.6.23. 7,4.9.3 Supplementing Contract Documents ............... 3.4-3.5 I Supplier-definition of . . . . . . . . . . . . . . . . . .. .. . .. . . . . . .. .... 1 SuppJier-principal references to ... 3.6.6.5.6.7-6.9.6.20. 6.24.9.13.9.16.11.8.13.4.14.12 Surety-consent to payment.................. 14.12. 14.14 I Surety-Engineer has no duty to ..................... 9.13 Surety-notice to .......................... 10.1. 10.5. 15.2 Surety~ualification of ........................... 5.1-5.2 I Suspending Work. by Owner ......................... 15.1 Suspension of Work and Termination-in general....... IS Superintendent--Contractor's ......................... 6.2 Supervision and Superintendence .................. 6.1-6.2 I Taxes-Payment by ContraCtor. . . . . . . . . . . . . .. . . . . . . .. 6.15 Tennination-by Contractor.......................... 15.5 Termination-by Owner......................... 15.2-15.4 I Termination. Suspension of Work and-in general...... 15 Tests and Inspections ........................... 13.3-13.7 Time. Change of Contract ,............................. 12 I I I I I I I Time. Computation of .................. _ . . . . . . . . . . . .. 17.2 Time. ContraCt-definition of ............................ I Uncovering Work ............................... 13.8-13.9 Underground Facilities-definition of .................... 1 Underground Facilities-not shown or indicated..... 4.3.2 Underground Facilities-protection of ........... 4.3.6.20 Underground Facilities-shown or indicated......... 4.3.1 Unit Price Work-definition of .......................... I UnitPriceWork-general .................11.9.14.1.14.5 Unit Prices......................................... 11.3.1 Unit Prices. Determinations for............... ........ 9.10 Use of Premises................................. 6.16-6.18 Utility owners .......................... 6.13.6.20. 7.2.7.3 Values. Schedule of ......................... 2.6.2.9. 14.1 Variations in Work-Authorized............ 6.25.6.27.9.5 Visits to Site-by Engineer ............................ 9.2 Waiver of Claims--on Final Payment................ 14.16, Waiver of Rights by insured panies ............. 5.10.6.11 Warranty and Guarantee-by Contractor ............. 13.1 Warranty of Title. Contractor's ....................... 14.3 Work. Access to ,... ................................. 13.2 Work-by others ........................................ 7 Work Continuing During Disputes .................... 6.29 Work. Cost of ................................... 11.4-11.5 Work-definition of ..................................... 1 Work Directive Change-definition of ................... 1 Work Directive Changc-principal references to ............................ 3.4.3. 10.1-10.2 Work. Neglected by Contractor ..................... 13.14 Work. Stopping by Contractor........................ 15.5 Work. Stopping by Owner....................... 15.1-15.4 Written Amendment-definition of ...................... I Written Amendment-principal references to ...,.................. 3.4.1. 10.1. 11.2. 12.1 6 I I GENERAL CONDITIONS IARTICLE I-DEFINITIONS, Wherever used in these General Conditions or in the other I Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: I Addenda-Written or graphic instruments issued prior to the opening of Bids which clarify. correct or change the bidding documents or [he Contract Documents. I ARreemel1t- The written agreement between OWN ER and CONTRACTOR covering the Work to be performed: other Contract Documents are attached to the Agreement and made I a part thereof as provided therein. App!i('(//iol1 JiJr Pa\'l1lelll- The form accepted by ENGI- ~EER which is to be used by CONTRACTOR in requesting I progress or final payments and which is to include such sup- porting documentation as is required by the Contract Documents, I Bid-The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. I BOl1ds-Bid. performance and payment bonds and other instruments of security. I Change Order-A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER and autho- rizes an addition. deletion or revision in the Work. or an adjustment in the Contract Price or the Contract Time. issued I on or after the Effecti\'e Date of the :\greement. ,Conrracr Doclllllel1tS- The Agreement. Addenda (which per- tain to the Contract Documents). CONTRACTOR's Bid, (including documentation accompanying the Bid and any post- Bid documetltation submitted prior to the Notice of Award) when attached as an exhibit to the Agreement. the Bonds. these General Conditions. the Supplementary Conditions. the Specifications and the Drawings as the same are more spe. cifically identified in the Agreement. together with all amend- ments. modifications and supplements issued pursuant to paragraphs 3,~ and 3.:' lln or after the Effective Date of the Agreement. I I I I CVlllrllct Price-The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisiuns of paragraph 11.9,1 in the case of Unit Price Work). I COIll1'llC[ Tilll('- The number of days (computed as provided in paragraph 17,2) or the date stated in the Agreement for the compktion of the Work, I CONTRACTOR-The person. tirm or cOfl'or.1tion with whom, OWN ER has entered into the :\;;reemenl. I defe('ti,'e-An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. or does not conform to the Contract Documents. or does not meet the requirements of any inspection. reference standard. test or approval referred to in the Contract Documents. or has been'damaged prior to ENGINEER's recommendation of final payment t unless responsibility for the protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14,10l. Drall';lIlfS- The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Con. tract Documents. EfJect;I'e Date of the ARreemel1t- The date indicated in the Agreement on which it becomes effective. but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. E.VGINEER- The person. firm or corporation named as such in the Agreement. Field Order-A written order issued by ENGINEER which orders minor changes in the Work in accordance with para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. G~neral Requ;remenrs-Sections of Division I of the Speci. fications. Lall's and Regulations: Lall's or Regulations-Laws. rules. regulations. ordinances. codes and/or orders. Notice of .{ lI'ard- The written notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated therein. within the time specified. OWNER will sign and ddiver the :\greement. .""otice 10 Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEERl fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to 1"erform CONTRAC- TOR'S obligations under the Contract Documents. OWNER-The public body or authority. cOfl'oration. asso- ciation. firm or person with whom CONTRACTOR has entered into the Agreement and for whom the Worj( is to be provided. Part;al l..irili.::atioll-Placing a portion of the Work in service for the purpose for which it is intended (or a related pUfl'ose) before rea.:hing Substantial Completion for 0111 the Work. Prcl;ect- The total construction of which the Work to be provided under the Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documents. R,'s;dellt Pr"j('('t R('pre.H'illlllil'e- The authorized represen. tative of E~GIN EER who is assigned to the site or any part [ hereof. 7 I I Shop Drawings-All drawings, diagrams. illustrations, schedules and other data which are specifically prepared by I or for CONTRAcrOR to illustrate some portion of the Work and all illustrations. brochures. standard schedules. perfor- mance chans. instructions.-diagrams and other information I prepared by a Supplier and submitted by CONTRAcrOR to illustrate material or equipment for some portion of the Work. Sp~cificarions- Those portions of the Contract Documents I consisting of written technical descriptions of materials. equipment. construction systems. standards and workman. ship as applied to the Work and certain administrative details applicable thereto. I Subcontractor-An individual. firm or corporation having a direct contract with CONTRAcrOR or with any other Sub- I contractor for the performance of a pan of the Work at the site. Substantial C ompi~tion- The Work (or a specified part thereof) I has progressed to the point where. in the opinion of ENGI- NEER as evidenced by ENGINEER.s definitive certificate of Substantial Completion. it is sufficiently complete. in accordance with the ContraCt Documents. so that the Work I (or specified pan) can be utilized for the purposes for which it is intended; or if there be no such certificate issued. when final payment is due in accordance with paragraph 14.13. The I terms "substantially complete" and "substantially com- pleted.. as applied to any Work refer to Substantial Comple. tion thereof. I Suppi~m~ntary Conditions-The part of the Contract Docu- ments which amends or supplements these General Condi- tions. I Suppiier-A manufacturer. fabricator. supplier. distributor. materialman or vendor. I Underground Facilities-All pipelines. conduits. ducts. cables. wires. manholes. vaults. tanks. tunnels or other such facilities or attachments. and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity. gases. steam. liquid petroleum products. telephone or other communica- tions. cable television. sewage and drainage removal. traffic or other control systems or water. I I Unit Price Work-Work to be paid for on the basis of unit pnces. I 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. I I 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. I ordering an addition. deletion or revision in the Work. or responding to differing or unforeseen physical conditionsuuder which the Work is to be performed as provided in paragraph 4.2 or 4.3 or to emergencies under paragraph 6.22. A Work Directive Change may not change the Contract Price or the Contract TlIDe. but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect. if any, on the Con~t Price or ContraCt Time as provided in paragraph 10.2. Written Am~ndm~nt-A written amendment of the Contract DocUmentS. signed by OWNER and CONTRAcrOR 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-PRELIMINAR Y MA TIERS Delivery of Bonds: 2.1. When CONTRAcrOR delivers the executed Agree- ments to OWNER. CONTRAcrOR shall also deliver to OWNER such Bonds as CONTRAcrOR may be required to furnish in accordance with paragraph 5.1. Copies of Docume1llS: 2.2. OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will be furnished. upon request. at the cost of reproduction. CommenCenU!1I1 of Contract Tim~: Notice to Proceed: :!.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty days after the Effective Date of the Agree- ment. In no event will the Contract Time commence to run later than the seventy-fifth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement. whichever date is earlier. Suuting the Project: 2.4. CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run. but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting ConstrUction: 2.5. Before undertaking each part of the Work. CON- TRAcrOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown 8 I I thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict. error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work affected thereby: however. CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to report any conflict. error or discrepancy in the Contract Documents. unless CONTR..1,.CTOR had actual knowledge thereof or should reasonably have known ther,eof. I I I ::.6. Within ten days after the Effective Date of the Agree. ment (unless otherwise specified in the General Require- ments/. CONTRACTOR shall submit to ENGINEER for review: I I ::.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: I ::.6.2. a preliminary schedule of Shop Drawing sub- missions: and ' I ::.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 payments during construction. Sucl1 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. I I ::.7. Before any Work at the site is started. CONTRAC. TOR shall deliver to OWNER. with a copy to ENGINEER. certificates land other evidence of insurance requested by OWN ERl which CONTRACTOR is required [0 purchase and maintain in accordance with para!.!raohs 5,3 and 5,..\. and OWN ER shall deliver [0 CONTRACTOR certiricates land other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase and maintain in accordance with paragraphs 5,6 and 5.7, I I I Preconsrruction Conference: ::.8. Within twenty days after the Effective Date of the Agreement. but before CONTRACTOR starts the Work at the site. a conierence attended by CONTRACTOR. ENGI- NEER and lllhers as appropriate will be held to discuss the schedulc:s rdared to In paragraph ::.6. to discuss procedures for handling Shop Drawings and other submittals and for processing ..1,.pplications ior Payment. and [0 establish a working understanding among the parties as to the Work. I I I Finali:ing Schedules: ::.,:/, ,.1,.t least ten days before submission oftht: rirst Appli- cation for Pa\'ment a conference attended by CONTRAC- TOR. ENGI;-..i EER and others as appropriate will be held to nnalile the '-:~edulc~ ~ubmitted in acconJance \\ith para- I I graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will neitherimpose,on ENGINEER responsibility for the progress or scheduling of the Work nor relieve CON. TRACTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGINEER as providing a workable arrangement for pro- cessing the submissions. The finalized schedule of values will be ,acceptable to ENGINEER as to form and substance. ARTICLE 3-CONTRACT DOCUMENTS: INTENT. AMENDING. REUSE Intent: 3. I. The Contract Documents comprise the entire agree. ment between OWNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by alL The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project lor part thereot) to be con. structed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well-known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals or codes of any technical society. organization or association. or to the Laws or Regulations of any governmental authority. whether such reference be specific or by implication. shall mean the latest stJndard specification. manual. ..:ode or Laws or Regulations in elTect at the time of opening of Bids lor. on the ElTective Date of the Agreement if there were no Bidsl. except as may be otherwise specifically stated. However. no provision of any referenced standard specification. manual orcode (whether or not specifically incorporated by reference in the Contract Documents) shall be elTective to change the duties Jnd responsibilities of OWNER. CONTRACTOR or ENGINEER. or any of their consultants. agents or employ- ees from those set forth in the Contract Documents. nor shall it be effective to l1.ssign to ENGINEER. or any of E!'lGI- NEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi. bility contrary to the provisions of paragraph 9.15 or ':/.16, Clarifications and interpretations of the Contract Documents ~hall be issued by ENGINEER as provided in paragraph 9...\, 3,3. [f. during the performance of the Work. CONTRAC- TOR tinds a conrtil:t. error or discrepancy in the Contract Documents. CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work alfected (hereby shall obtain a written interpret:llion or claritication 9 I I from ENGINEER: however. CONTRACTOR shall not be Ible to OWNER or EN, GINEER for failure to report any nftict. error or discrepancy in the Contract Documents ess CONTRACTOR had actual knowledge thereof or should reasonably have'lrnown thereof. lmending anti Suppumellling COnlnJCt Docume1llS: 3.4. The Contract Documents may be amended to pro- Ide for additions. deletions and revisions in the Work or to odify the tenns and conditions thereof in one or more of' the following ways: I 3.4.1. a fonnal Written Amendment. 3.4.2. a Change Order (pursuant to paragraph 10.41. I or 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). Is indicated in paragraphs 11.2 and 12.1. Contract Price and Contract Time may only be changed by a Change Order or a ,avritten Amendment. . 3.5. In addition. the requirements of the Contract Docu- ments may be supplemented. and minor variations and devia- I'ons in the Work may be authorized. in one or more of the ollowing ways: 3.5.1. a Field Order (pursuant to paragraph 9.5). I 3.5.2. ENGINEER.s approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27). or I 3.5.3. ENGINEER's written interpretation or clariti- cation (pursuantlO paragraph 9.4), IReuse of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization perfonning or fur- In~hing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings. Specifications or other docu- ments (or copies of any thereof) prepared by or bearing the I seal of ENGINEER: and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written I verification or adaptation by ENGINEER. ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL I CONDITIONS: REFERENCE POINTS A vaiUlbiJiry of LAnds: . I 4.1. OWNER shall furnish. as indicated in the Contract Documents. the lands upon which the Work is to be per- fanned. rights-of-way and easements for access thereto. and I such other lands which are designs'ted for the use of CON- TRACTOR. Easements for pennanent structures or perma- nent changes in existing facilities will be obtained and paid for by OWNER. unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands. rights-of-way or case- ments entitles CONTRACTOR to an extension of the Con- tract Time. CONTRACTOR may make a claim therefor as provided in Article 12. CONTRACTOR shall.provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. Physical Conditions: 4.2.1. Explorations and Reports: Reference is made to the SupplementarY Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep. aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports. but not upon nontechnical data. interpreta- tions or opinions contained therein or for the completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para- graph 4.2.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the site. 4.2.2. Existing Structures: Reference is made to the SupplementarY Conditions .for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities referred to in paragraph 4.3) which are at or contiguous to the site that have been utilized by ENGI. NEER in preparation of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the complete- ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.:.6. CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures. 4.2.3. Report of Differing Conditions: If CONTRAC- TOR believes that: 4.2.3.1. any technical data on which CONTRAC. TOR is entitled to rely as provided in paragraphs 4.2.1 and 4.:.2 is inaccurate. or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated. reflected or referred to in the Contract Docu- ments. CONTRACTOR shall. promptly after becoming aware thereof and before perfonning any Work in connection therewith (except in an emergency as pennitted by para- graph 6.211. notify OWNER and ENGINEER in writing about the inaccuracy or difference. 10 I I 4,2.4, ENGINEER's Redell': E;-.IGINEER will promptly review the pertinent conditions. determine the necessity of obtaining additional explorations or tests with respect thereto and advise OWN ER in writing (with a copy to CONTRACTOR) of ENGINEER's findings and con. c1usions. I I 4,2.5. POJsihle Docllment Clwnlle: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi. tions a change in the Contract Documents is required. a Work Directive Change or a Change Order will be issued as provided in Article 10 to reflect and document the consequences of the inaccuracy or difference, I I 4,2.6. Possihle Price t/lld Time Adjllst/llellts: In each such case. an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. or any combination thereof. will be allowable to the extent that they are attributable to any such inaccuracy or difference. If OWN ER and CONTRACTOR are unable to agree as to the amount or length thereot. a claim may be made therefor as provided in Articles i I and 12. I I I Physical C onditions-l.: IIderground Facilities: 4,3.1. Sholl'n or IlIdicated: The information and data shown or indicated in the Contract Documents with respcct to existing Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facil. ities or by others. Unless it is otherwise expressly pro. vided in the Supplementary Conditions: I I I 4,3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. I ~,3.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents. for coordina- tion of the Work with the owners of such Underground Facilities during construction. for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work, the cost of all of which will be considered as having been included in the Contract Price. I I I ~,3,2. ,yor Sholl'lI or II/dict/led. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason. ably have been expected to be aware at. CONTRACTOR shall. promptly after becoming aware thereof and before pet1'orming any Work affected thereby (except in an emer- gency as permitted lw paragraph /),:!:!l. identify the owner of such U ndergrounJ Facility and give written notice thereof to that owner and III OWNER and ENGINEER. ENGI- NEER will rromptl\' review the lInJerground Facility to I I I determine the extent to which the Contract Documents should be modified to reflect and document the conse. " quences of the existence of the Underground Facility. and the Contract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or,an extension of the Contract Time. or both. to the extent that they are attributable to the c,istence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR could not reasonably have been expected to be aware of. If the parties are unable to agree as to the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. Refennce Points: 4.4, OWN ER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the General Requirements). shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of OWNER. CONTRAC- TOR shall report to ENGINEER whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations. and shall be respon- sible for the accurate replacement or relocation of such ref- erence points by professionally qualified personnel. ARTICLE 5-BONDS AND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish pert'ormance and pay- ment Bonds. each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Docu. ments. These Bonds shall remain in effect at least until one year after the date when final payment becomes due. except as otherwise provided by Law or Regulation or by the Con. tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents and be executed by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure. ties on Federal Bonds and as Acceptable Reinsuring Com- panies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Department, All Bonds signed by an agent must be accompanied by a certiried copy of the authority to act. 5.2. If the surety on any Bond furnished by CONTR.\C- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminaled in any state where any part of 11 I I the Project is located or it ceases to meet the requirements . paragraph 5.1. CONTRACTOR shall within five days ereafter substitute another Bond anq Surety, both of which ust be acceptable to OWNER. ' lontnlCU1r's LiJJbiUly InslU'tUlCe: 5.3. CONTRACTOR shall purchase and maintain such Imprehensive general liability and other insurance as is propriate for the Work being performed and furnished and will provide protection from claims set fonh below which may arise out of or result from CONTRACTOR's perfor- Ece and furnishing of the Work and CONTRACTOR's ther obligations under the ContraCt Documents. whether it to be performed or furnished by CONTRACTOR. by any Subcontractor. by anyone directly or indirectly employed by .y of them to perform or furnish any of the Work. or by .yone for whose acts any of them may be liable: 5.3 .1. Claims under workers' or workmen' s compen. I sation. disability benefits and other similar employee ben- efit acts: I 5.3.2. Claims for damages because of bodily injury, occupational sickness or disease. or death of CONTRAC- TOR's employees; I 5.3.3. Claims for damages because of bodily injury, sickness or disease. or death of any person other than CONTRACTOR's employees; I 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to I the employment of such person by CONTRACTOR. or (b) by any other person for any other reason: I 5.3.5. Claims for damages. other than to the Work itself. because of injury to or destruction of tangible prop- erty wherever located. including loss of use resulting therefrom: I 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 I 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. IThe insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the Ilimits of liability and coverages provided in the Supplemen- tary Conditions. or required by law. whichever is greater. The comprehensive general liability insurance shall include completed operations insurance: All of the policies of insur. lance so required to be purchased and maintained lor the certificates or other evidence thereoO shall contain a provi- sion or endorsement that the coverage afforded will not be cancelled. materially changed or renewal refused until at least I thirty days' prior written notice has been given to OWNER and ENGINEER by certified mail. All such insurance shall remain in effect until final payment and at all times thereafter when CONTRACTOR may be correcting, removing or replacing defective Work in accordance with paragraph 13.12. In addition. CONTRACTOR shall maintain such completed operations insurance for at least two years after final payment and furnish OWNER with evidence of continuation of such insurance at final payment and one year thereafter. Cofll1'aCtlUll LiJJbiUly I nslU'tUlCe: 5.4. The comprehensive general liability insurance required by paragraph 5.3 will include conrractualliability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. OWrII!r's LiJJbiUly InsurtUlCe: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and, at OWNER's option. may purchase and maintain such insur- ance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions, OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulationsl. This insurance shall include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER and ENGINEER's consultants in the Work. all of whom shall be listed as insureds or additional insured parties, shall insure against the perils or' fire and extended coverage and shall include "all risk" insurance for physical loss and damage including theft. vandalism and malicious mischief. collapse and water damage, and such other perils as may be provided in the Supplementary Conditions. and shall include damages. losses and expenses arising out of or resulting from any insured loss or incurred in the repair or replacement of any insured property (including but not limited to fees and charges of engineers, architects. attorneys and other professionals\. If not covered under the "all risk" insurance or otherwise pro- vided in the Supplementary Conditions. CONTRACTOR shall purchase and maintain similar propeny insurance on portions of the Work stored on and off the site or in transit when such portions of the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional propeny 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 the Work. all of whom shall be listed as insured or additional insured panies. 12 I I 5.8. All the policies of insurance (or the certificates or other evidence thereot) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. I I I 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount. will be borne by CONTRACTOR. Sub- contractor or others suffering any such loss and if any of them wishes property insurance coverage within the limits of such amounts. each may purchase and maintain it at the purchas- er's own expense. I I I 5,10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance pol- icy. OWNER shall. if possible. include such insurance. and the cost thereof will be charged to CONTRACTOR by appro. priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. I I I Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENGI- :-.lEER. E:-JGI;-.lEER's consultants and all other parties named as insureds in such policies for losses and damage-s 50 caused. As required by paragraph 6.11. each subcon- tract between CONTRACTOR and a Subcontractor will contain similar waiver provisions by the Subcontractor in favor of OWNER. CONTRACTOR. ENGINEER. ENGI- NEER' 5 consultants and all other parties named as insureds. :-Jone of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds llf insurance held by OWNER as trustee llr otherwise pay. able under any policy so issued, I I I I I 5.11.2. OWNER and CONTRACTOR intend that any plllicies provided in response to parJgraphs 5,6 and 5,7 shall protect all of the parties insured and provide primary coverage for all losses and damages caused by the perils cll\'ered thereby, Accordingly. all such policies shall con. tain. provisions to the elrect that in (he event of payment of any loss or damage the insurer will have no rights of reCll\'ery a~ainst any of the panies named as insureds llr additional insureds. and if the insurers require separale waiver forms to bl.: signed by ENGINEER llr ENGI. :--;EER's c,lnsultant O\V~ER will "tHain the same. and if I I I such waiver forms are required of any Subcontractor. CONTRACTOR will obtain the same. Receipt and Application of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds. as their interests may appear, subject to the require. ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received. and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other special agreement is reached the damaged Work shall be repaired or replaced. the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13, OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after the occurrence of loss to OWNER's exercise of this power. If such objection be made. OWNER as trustee shall make set- tlement with the insurers in accordance with such agreement as the 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. ' Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance reqt;ired to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents. OWNER shall notify CON. TRACTOR in writing thereof within ten days of the date of delivery of such cenificates to OWNER in accordance with paragraph :',7, If CONTRACTOR has any objection to the coverage afforded by or other provisions of the policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their not, complying with the Contract Documents. CON- TRACTOR shall notify OWNER in writing thereof within ten days of the date of deliverv of such certificates to CON- TRACTOR in accordance with paragraph 2.7. owN ER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWN ER 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. Parrilli C':tili::tltion-Property insurance: 5,15. If OWNER finds it necessary to occupy or use a portion or portions of the Work prior to Substantial Comple- tion of all the Work. such use or occupancy may be accom- rlished in accordam:1.: with paragraph 14.10: provided that no 13 I I such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providin~ the property insur- ance shall consent by endorsement on the policy or policies. but,the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. I I I ARTICLE 6-CONTRACTOR.S RESPONSIBILITIES I Supervision and SuperinuruUnce: 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 perform the Work in accordance with the Contract Doc- uments. CONTRACTOR shall be solely responsible for the' means. methods. techniques. sequences and procedures of construction. but CONTRACTOR shall not be responsible for the negligence of others in the design or selection of a specific means. method. 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. ' I I I I 6.1. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent 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. I I I lAbor. Maurials and Equipment: 6.3. CONTRACTOR shall provide competent. suitably qualified personnel to survey and layout the Work and per. form construction as required by the Contract Documents. CONTRACTOR shall at all times maintain good discipline and order at the site. Except in connection with the safety or protection of persons or the Work or property at ihe site or adjacent thereto. and except as otherwise indicated in the Co'ntract Documents. all Work at the site shall be performed during regular working hours. and CONTRACTOR will not permit overtime work or the performance of Work on Sat- urday. Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. I I I I 6.4, Unless otherwise specified in the General Require. ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor. transportation. construction equipment and machinery. tools. appliances. fuel. power. light. heat. telephone. water. sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furnishing. performance. testing. stan-up and completion of the Work. I I 6.5. AU materials and equipment shall be of good quality and DeW. except as otherwise provided in the Contract Doc- uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including reports of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied. installed. con- nected. erected. used. cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any suc;:h instructions will be effective to assign to ENGINEER. or any of ENGINEER.s consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or author- ity 'to undertake responsibility contrarY to the provisions of paragraph 9. IS or 9.16. Adjusting Progrus Scludw: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 1.91 adjust- ments in the progress schedule to retlect the impact thereon of new developments: these win conform generally to the progress schedule then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Sulntinlles or "Or-EqUlli" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a panicular Supplier the naming of the item is intended to establish the type. function and quality required. Unless the name is followed by words indicating that no substitution is permitted. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof. certifying that the proposed substitute will perform ade. quately the functions and achieve the results called for by the general design. be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time. whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for work on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment or any license ic:e or 14 I I royalty, All variations of the proposed substitute from that specified will be identified in the application and available maintenance. repair and replacement service will be indi. cated. The application will.also contain an itemized esti- mate of all costs that will result directly or indirectly from acceptance of such substitute. including COStS of redesign and claims of other contractors affected by the resulting change. all of which shall be considered by ENGINEER in evaluating the proposed substitute, ENGINEER may require CONTRACTOR to furnish at CONTRACTOR's expense additional data about the proposed substitute. I I I I 6.7.2. If a specific means. method. technique. sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish or utilize a substitute means. method. sequence. technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by ENGINEER will be similar to that orovided in paragraph 6.7, I as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. I I I 6.7.3, ENGINEER will be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptability. and no substitute will be ordered. installed or Utilized withoui ENGlNEER's prior written acceptance which will be evi. denced by either a Change Order or an approved Shop Drawing. OWNER may require CONTRACTOR to fur. nish at CONTRACTOR's expense a special performance guarantee or other surety with respeCt to any subStitute, ENGINEER will record time required by ENGINEER and ENGINEER's consultants in eva:uating substitutions proposed by CONTRACTOR dnd in making changes in the Contract Documents occasioned therebv, Whether or 'not ENGINEER accepts a proposed substitute. CON. TRACTOR shall reimburse OWNER for the charges of ENGINEER and ENGINEER's consultants for evaluat- ing each proposed substitute. I I I I I Concul/ing Subcontractors. Suppliers and Others: 6,8,1. CONTRACTOR shull not employ an~' Subcon. tractor. Supplier or other person or organization t including those acceptable to OWNER and ENGINEER as indi. cated in paragraph 6.8.2). whether initially or as a substi- tute. against whom OWNER or ENGINEER may have reasonable objeCtion. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person llr organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objectil1n, 6,8,2. If the Supplemenlary Conditions require the identity of cenain Subcontractors. Suppliers or other per- sons or organizations I including those who are to furnish the principal items of materials and cquipmenl) 10 be sur.- milled to OWNER in advance of the specified date prior to the Effective Dal.: of the Agreement for ac.:.:ptance t-\' I I I I I OWNER and ENGINEER and if CONTRACTOR has submilled a list thereof in accordance with the Supple. mentary Conditions. OWNER.s or ENGlNEER's accept- ance (either in writing or by failing to make written objec- tion thereto by the date indicated for acceptance or objec- tion in the bidding documents or the Contract Documents) of any such SubcontraCtor. Supplier or other person or organization so identified may be revoked on the basis of reasonable objeCtion after due investigation. in which case CONTRACTOR shall submit an acceptable substitute. the Contract Price will be increased by the ditTerenc'e in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any right of OWN ER or ENG 1- NEER to reject defectil'e Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of the Subcon- tractors. Suppliers and other persons and organizations per- forming or furnishing any of the Work under a direct or indirect contract with CONTRACTOR JUSt as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGINEER to payor to see to the payment of any moneys due any such Subcontractor. Supplier or Other persqn or organization e'xcept as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections o(the Specifications and the identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be pen'ormed by any specific trade, 6. II. All Work performed for CONTRACTOR by a Sub. contractor will be pursuant to an appropriate agreement between CONTRACTOR and the Subcontractor which spe. cifically binds the Subcontractor to the applicable terms and conditions of the Contract Documents for the benefit of OWNER and ENGINEER and contains waiver provisions as required by paragraph 5.11. CONTRACTOR shall pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of losses under pol. icies issued pursuant to pamgraphs 5,6 and 5.7, , Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all COSIS incident 10 the use in the perfor- mance of Ihe Work or the incorporation in lhe Work 01' any invention. design. process. product or device which is lhe sllr.ject of patent rights llr .:opyrights held hy lllhers, If a panicular invention. design. process. producl or device is specified in the Contract Documents for use in the perfor- mance of the Work and iftolhe actual knowledge of OWNER 15 I I or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others. the existence of such rights shall be disclosed by OWNER in the ContnlCt Documents. CONTRACTOR shall indemnify and hold harmless OWNER and -ENGINEER and anyone directly or indirectly employed by either of them from and against all claims. damages. losses and expenses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the perfonnance of the Work or resulting from the incorporation in the Work of any invention. design. process. product or device not specified in the Contract Documents. and shall defend all such ciaims in connection with any alleged infringement of such rights. I I I I Permils: I 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for all con- struction permits and licenses. OWNER shall assist CON. I TRACTOR. when necessary. in obtaining such permits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. I which are applicable at the time of opening of Bids. or it 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 I such utility owners for capital costs related thereto such as plant investment fees. I LAws and RegultJlions: I 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. I 6.14.2. If CONTRACTOR observes that the Specifi. cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4, If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations., and without such notice to ENGINEER. CONTRACTOR shall bear all costs arising therefrom: however. it shall not be CONTRACTOR's pri- mary responsibility to make cenain that the Specifications and Drawings are in accordance with such Laws and Regulations. I I I I Taxes: I 6.15. CONTRACTOR shalI"pay all sales. consumer. use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the I place of the Project which are applicable during the perfor- mance of the Work. Un of PremUu: 6.16. CONTRACTOR shall confine consUllction equip- ment, the storage of materials and equipment and theoper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas pennitted by Laws and Regulations. rights- of-way. permits and easements. and shall not unreasonably encumber the premises with construction equipment or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contig- uous thereto, resuJting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work. CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall. to the fullest extent permitted by Laws and Regulations. indemnify and hold OWNER and ENGINEER hannless from and against all claims. damages. losses and expenses (including. but not limited to. fees of engineers. architects~ attorneys and other professionals and coun and arbitration costs) arising directly. indirectly or consequentially out of any action. legal or equi- table, brought by any such other pany against OWNER or ENGINEER to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.17. During the progress of the Work. CONTRACTOR shall keep the premises free from accumulations of waste materials. rubbish and other debris resulting from the Work. At the completion of the Work CONTRACTOR 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 occupancy by OWNER. CON- TRACTOR shall restore to original condition aU propeny not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure. nor shall CONTRACTOR subject any part of the Work or adjacent propeny to stresses or pressures that will endanger it. Record DocumenlS: 6.19. CONTRACTOR shall maintain in a safe place at the site one record copy of all Drawings. Specifications. Addenda. Written Amendments. Change Orders. Work Directive Changes. Field Orders and written interpretations and clarifications (issued pursuant to paragraph 9.4) in good order and annotated to show all changes made during con. struction. These record documents together with all approved samples and a counterpan of all approved Shop Drawings will be available to ENGINEER for reference. Upon com- 16 I I pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER. I I Saf~ty and Prot~ction: 6.20. CONTRACTOR shall be responsible for initiating. maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shaH take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage. injury or loss to: I I 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby: I 6,20.2. all the Work and materials and equipment to be incorporated therein. whether in storage on or off the site: and I 6,20.3. other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements. road- ways. structures. utilities and Underground Facilities not designated for removal. relocation or replacement in the course of construction. I CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage. injury or loss: and shall erect and maintain all necessary safelZUards for such safety, and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them. and shall cooperate with them in the pro- tection. removal. relocation and replacement of their prop- erty. .-\11 damage. injury or loss to any property referred to in paragraph 6,20.2 or 6.20.3 caused. directly or indirectly. in whole or in part. by CONTRACTOR. any Subcontractor. Supplier or any other person or organization directly or indi- rectly employed by any of them to pert'orm or furnish any of the Work or anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of them or anyone for whose acts either of them mav be liable. and not attributable. directly or indi- rectl\'. in whole or in part. to the fault or negligence of CON. TR..~:CTOR). CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and ENGl:"lEER has issued a notice to OWN ER and CONTRACTOR in accord- ance with paragraph 1~,13 that the Work is acceptable (except as otherwise expressly provided in connection with Substan. tial Completion), I I I I I I I I 6,': I. CONTRACTOR shall design.lIe a respl'nsible rep- resem:ltivt: ;It the ~ile whose dut\. \hall be the rrc\'entilln <,t' aCCIdents, This person shall be CONTRACTOR's superin- tendent unlc:ss otherwise, designated in writing by CO!'. TR,-\CTOR tll OWNER, I I Em~rgtncies: 6.22. In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or authorization from ENGINEER or OWNER. is obligated to act to prevent threatened damage. injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract DOcuments have been caused thereby. IfENGI. NEER determines that a Change in the Contract Documents is required because of the action taken in response to an emergency. a Work Directive Change or Change Order will be issued to document the consequences of the changes or variations. Shop Drawings and Sampks: 6.23. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements. CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drawing submissions lsee para-' graph 2.9), or for other appropriate action if so indicated in the Supplementary Conditions. five copies (unless otherwise specified in the General Requirements) of all Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- bilities under the Contract Documents with respect to the review of the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quantities. dimen- sions. specified performance and design criteria. materials and similar data to enable ENGINEER to review the infor- mation as required. 6.24. CONTRACTOR shall also submit to ENGINEER for review and approval with such promptness as to cause no delay in Wo~k. all samples required by the Contract Doc- uments, All samples will have been checked by and accom- panied by a specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the sub- mission and will be identified clearly as to material. S4pplier. pertinent data such as catalog numbers and the use for which intended. 6,25.1, Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities. dimensions. specified performance cri- teria. installation requirements. materials. catalog num- bers and similar data with respect thereto and reviewed or coordinated each Shop Drawing or Sample with other Shop Drawings and samples and with the requirements of the Work and the Contract Documents. 6.25.2, .-\t the time llf each submission. CONTR.-\C- TOR shall give ENGIN EER spel.:inc written nOlic\: ot'each variation that the Shop Drawings or samples may have from the requirements l't' the CllOtract Documents. and. in addition. shall cause ;\ speciol.: notation 10 he made on 17 I I each Shop Drawing submitted to ENGINEER for review and approval of each such variation. I 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 shall not extend to means. methods. techniques. sequences or procedures of constrUction (except where a specific means. method. technique. sequence or procedure of constrUction is indicated in or required by the ContraCt Documentsl or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER. and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. I I I I I 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 Contraet Documents unless CONTRACTOR has in writing called ENGINEER's anention to each such variation at the time of submission as required by paragraph 6.!S.2 and ENGINEER has given wrinen approval of each such varia- tion by a specific written notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.!S.1. I I I I 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 ofthe pertinent submission will be the sole expense and responsibility ot" CONTRACTOR. I I Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements. except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwiseagrce in writing. I I I tutemniji&Mum: 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 againstall claims. damages. losses and expenses. direct. indirect or consequential (including but not limited to fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs) aris- ing out oi or reSUlting irom the performance ,of the Work. I I I provided that any such claim. damage. loss or expense (al is attributable to bodily injury. sickness. disease or death. or to injury to or destrUction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. regardless of whether or not it is caused in pan by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.31. In any and all claims against OWNER or ENGI. NEER or any of their consultants. agents or employees, by any employee of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perfonn orfurnish any of the Work or anyone for whose acts any of them may be liable. the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or tYPe of damages. compensation or benefits payable by or for CONTRACTOR or any such SubcontraCtor or other person or organization UDder workers' or workmen' s compensation acts. disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER, ENGINEER's consultants. agents or employees arising out of the preparation or approval of maps. drawings, opinions, reports. surveys. Change Orders. designs or specifications. ARTICLE 7-OTHER WORK Relilud Work at Sue: 7.1. OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces. have other work performed by utility owners or let other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents. wrinen notice thereof will be given to CONTRACTOR prior to starting any such other work; and. if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contraCt (or OWNER. if OWNER is performing the additional work with OWNER's employees I proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work. and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting. tining and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CON- 18 I I TRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work wiH be affected. The duties and responsibilities'of CONTRACTOR under this paragraph are for the benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in said direct contracts between OWN ER and such utility owners and other contractors. I I I 7.3, If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or OWNERl. CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays. defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integra. tion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. I I I C oordinarion: I 704. If OWNER contracts with others for the perfor. mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. I I I ,-\RTICLE 8-0WNER"S RESPONSIBILITIES I 8,1. OWNER shall issue all communications to CON- TRACT0R through ENGINEER. I 8.~. In case of termination of the employment of ENGI. NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose sta. tus under the Contract Documents shall be that of the former ENGINEER, Any dispute in connection with such appoint- ment shall be subject to arbitration. I I 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 1404 and 14.13. I SA: OWNER's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraphs 4, I and 4,4, ParJ- graph 4.~ refers to OWNER's identifying and making avail. able to CONTRACTOR copies of reports of explorations and tests of 'iUb"l1l1aCe conditions :ltthe site and in existing struc- I I tures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth , in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph lOA. 8.7. OWNER's responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER.s right to stop Work or suspend Work. see paragraphs 13.lOand ().1. Paragraph 15.1 deals with OWNER's right to terminate services of CON. TRACTOR under certain circumstances. ARTICLE 9-ENGlNEER'S STATUS DURING CONSTRUCTION Owner's RepresenUllive: 9.1. ENGINEER will be OWNER's representative duro ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set fo'rth in the Con. tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Sile: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine. in general. if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make e:'thaustive or continuous on-site inspections to check [he quality or quantity of the Work. ENGINEER's dfons will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design, profes- sional. ENGINEER will keep OWNER informed of the prog. ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 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 and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWN ER at the site who is not ENGINEER's agent or employee. the Juties. responsibilities and limitations of authority of such other Derson will he as provided in the Supplementarv Conditions, 19 I I ClarifiClZlions and IlIle1'pmIIliDns: 9.4. ENGINEER will issue with reasonable promptness such wrinen clarifications or interpretations of the require- ments of the Coetract Documents (in the form of Drawings or otherwise) as ENGINEER may detennine necessary. whicb 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 panies are unable to agree to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article lIar Anicle 12. ' I I I I AUlhoriud Variations in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER. and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the panies are unable to agree as to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article II or 12. I I I I R~jecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective. and will also have authority to require special inspection ortesting of the Work as provided in paragraph 13.9. whether or not the Work is fabricated. installed or completed. I I Shop Drawings. Change Orden and Payments: 9,7. In connection with ENGINEER's responsibility for Shop Drawings and samples. see paragraphs 6.23 through 6.29 inclusive. I I 9.8. In connection with ENGINEER's responsibilities as to Change Orders. see Articles 10. I J and 12. I 9.9, In connection with ENGINEER's responsibilities in respect of Applications for Payment. etc.. see Article 14. I DeumrilUUions for U nil Prices: 9.10. ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by CON- TRACTOR. ENGINEER will review with CONTRACTOR EN GIN EER' s preliminary determinations on such matters before rendering a written decision thereon (by recommen. dation of an Application for Payment or otherwise). ENGI- N EER' s written decisions thereon will be final and binding upon OWNER and CONTRACTOR. unless. within ten days after the date of any such decision. either OWNER or CON- TRACTOR delivers to the other party to the Agreement and I I I to ENGINEER wrinen notice of intention to appeal from such a decision. Decisimu on DisplllU: 9.11. ENGINEER will be the initial interpreter of the requiremeDts of the Contract Documents and judge of the acc:cptability of the Work thereunder. Claims. disputes and other maners relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 and 12 in respect of changes in the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for a formal decisioD in accordance with this paragraph. which ENGINEER will render in writing within a reasonable time. Written notice of each such claim. dispute and other maner will be delivered by the claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thiny days) after the occurrence of the event giving rise thereto. and wrinen supporting data will be submitted to ENGINEER and the other party within sixty days after such occurrence unless ENGlJliEER allows an additional period of time to ascertain more accurate data in suppon of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9.11. ENGINEER will not show par- tiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect to any such claim. dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or other matter. LimiuIlions on ENGINEER's ResponsibiJiJUs: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor. any Supplier. or any other person or organization performing any of the Work. or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms"as ordered'.. .. as directed". .. as required". .. as allowed'.. .. as approved" or terms of like effect or impon are used. or the adjectives" reasonable". .. suitable". .. acceptable". .. proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction. review or judgment of ENGINEER as to the Work. it is intended that such requirement. direction. review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise). The use of any such lerm or adjective shall not be 20 I I effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or performance oi the Work or any duty or authority to undel1ake responsibility contrary to the provisions of paragraph 9.15 or 9.16. I I 9.15. ENGINEER will not be responsible for CON- TRACTOR's means. methods. techniques. sequences or pro- cedures of construction. or the safety precautions and pro- grams incident thereto. and ENGINEER will not be respon. sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. I I 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. I ARTICLE IO-CHANGES IN THE WORK I I 10.1. Without invalidating the Agreement and without notice to any surety. OWNER may. at any time or from time to time. order additions. deletions or revisions in the Work: these will be authorized by a Written Amendment. a Change Order. or a Work Directive Change. Upon receipt of any such document. CONTRACTOR shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). I I 10.2. If OWNER and CONTRACTOR are unable to agree as to the extent. if any. of an increase or decrease in the Contract Price or an extension or shol1ening of the Contract Time that should be allowed as a resull of a Work Directive Change. a claim may be made therefor as provided in Article II or ..~nicle 12. ' I I 10.3, CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required py the Contract Documents as amended. modified and supple- mented as provided in paragraphs 3.4 and 3.5. except in the case of an emergency as provided in paragraph 6,22 and except in the case of uncovering Work as provided in para- graph \3,9, I I I lOA, OWNER and CONTRACTOR shall exel.:ute appro- priate Change Orders (or Written Amendments) covering: I 10A.I. l.:hanges in the Work which are ordered by OWNER pursuant to paragraph 10,1. are required because vI' al.:ceptanl.:e of Jefecr;I'e Work under paragrapn 13, I ~ llr correcting J,fecril'e Work under paragraph 13,14. vr are agn:ed to by the parties: I IOA.2. l.:hanges in the Contract Price or Contract Time which are agreed to lw the parties: and I 10.4.3. changes in the Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11: provided that. in lieu of executing any such Change Order. an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations. but during any such appeal. CON- TRACTOR shall carry on the Work and adhere to the prog. ress schedule as provided in paragraph 6.29. 10.5. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documen'ts (includ'ing. but not limited to. Contract Price or Contract Tune) is required by the provisions of any Bond to be given to a surety. the giving of any such notice will be CONTRAC. TOR's responsibility. and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II-CHANGE OF CONTRACT PRICE 11.1. The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON. TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undel1aken by CON- TRACTOR shall be at his expense without change in the Contract Price. I 1.2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the pal1y making the claim to the other pal1y and to ENGINEER promptly (but in no event later than thil1Y days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with sUPPol1ing data shall be delivered within sixty days after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in SUPPOI1 of the claim) and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts (direct. indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9,11 if OWNER and CONTRACTOR cannot otherwise auree on the amount involved. No claim for an adjustment i~ the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of anv Work covered by a Change Order or of any claim for an in'crease or decrease in the Contract Price shall be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents. by applica- lion of unit prices 10 the quantities of the ilems invvlved (subject to Ihe provisions of paragraphs 11.9.1. through 11.9,3. inclusivel. 21 I I 11.3.2. By mUlUal acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). I I 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR.s Fee for overhead and profit (deter. mined as provided in paragraphs 11.6 and 11.7). I Cost of the Work: 11.4. The term Cost of the Work means the sum of all I costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER. such costs shall be in amounts no higher than those prevailing in the locality of I the Project. shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: I 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the 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 spent on the Work. Payroll costs shall include. but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment. excise and payroll taxes. workers' or workmen's compensation. health and retirement benefits. bonuses. sick leave. vacation and hol- iday pay applicable thereto. Such employees shall include sup'erintendents 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. I I I I I 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of trans- portation ,and storage thereof. and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments. in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. I I I 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work periormed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of ENGINEER. which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid, on the basis of Cost of the Work Plus a Fee. the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC. TOR's Cost oi the Work, All subcontracts sh,all be subject I I I to the other provisions of the Contract Documents insofar as applicable. 11.4.4. Costs of special consuJtants (including but not limited to 'engineers. architects. testing laboratories. sur- veyors. attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 11.4.5.1. The proponion of necessary transporta- tion. travel and subsistence expenses of CONTRAC. TOR's employees incurred in discharge of duties con- nected with the Work. 11.4.5.2. Cost. including transportation and main- tenance. of all materials. supplies. equipment. machin- ery. appliances. office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the propeny of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the pans thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER. and the costS of transportation. loading, unloading, installation. dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment, machin- ery or pans shall cease when the use thereofis no longer necessary for the Work. 11.4.5.4. Sales. consumer, use or similar taxes related to the Work. and for which CONTRACTOR is liable. imposed by Laws and Regulations. I \.4.5.5, Deposits lost for causes other than negli- gence of CONTRACTOR. any Subcontractor or any. one directly or indirectly employed by any of them or for whose acts any of them may be liable. and royalty payments and fees for permits and licenses. 11.4.5.6. Losses and damages (and related expenses). not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in 'connection with the periormance and furnishing of the Work (except losses and damages within the deductible amounts of propcny insurance established by OWNER in accordance with paragraph 5.9). pro- vided they have resulted from causes other than the negligence of CONTRACTOR. any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses. damages and expenses shall be included in the Cost of the Work for the purpose of determining CONTRAC- TOR's Fee. If. however. any such loss or damage 22 I I requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proponionate to that stated in paragraph 11.6.2. I I 11.4.5.7, The cost of utilities. fud and sanitary facilities at the site. I 11.4.5.8. Minor e:w;penses such as telegrams. long distance telephone calls. telephone service at the site. e:w;pressage and similar pellY cash items in connection with the Work. I 11.4,5.9, Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5,9. I 11.5. The term Cost of the Work shall not include any of the following: I 11,5,1, Payroll costs and other compensation of CON. TRACTOR's officers. e:w;ecutives. principals (of panner- ship and sole proprietorships). general managers. engi- neers. architects. estimators. allomeys. auditors. accoun. tants. purchasing and contracting agents. e:w;peditors. timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a branch office for general administra- tion of the Work and not specifically included in the agreed upon schedule of job ,classifications referred to in para- graph 11.4.1 or specifically covered by paragraph 11.4,4- all of which are to be considered administrative costs covered by the CONTRACTOR's Fee. I I I I 11.5.2. E:w;penses (\! CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the ,ite, I 11.5.3. Any pan ofCONTRACTOR's capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. I 11.5.4, Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sub. paragraph II A,5.9 above I. I I 11.5.5. Costs due to the negligence of CONTRAC- TOR. any Subcontr:l~tor. or anyone directly or indirectly employed by any of l;,.:m or for whoc;e acts any of them may be liable ;r;,;I'.Idin!; but not limited to. the correction of dt>k( ;:, '," 'ur\,;. Jisposal \'t' mat.:riah or equipment wronglv ~lL "I ,', ,: ...,ak:ng ~ood any damage to prop- erty, I I 11.5.6. Other lI\'erhead or general e:w;pense costs 01 any kind and the costs of any item not specifically ;md e\Dre~sl\' induded in paragraph II..., I CONTRACTOR's Fee: 11.6. The CONTRACTOR's Fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1:, a mutually acceptable fixed fee: or if none can be agreed upon. 11.6.2. ,a fee based on the following percentages of the various portions of the Cost of the Work: 11.6.2.1. for costs incurred under paragraphs 1104,1 and 11.4.2. the CONTRACTOR's Fee shall be fifteen percent : 11.6.2.2. forccsts incurred under paragraph 11.4.3. the CONTRACTOR's Fee shall be five percent: and if a subcontract is on the basis of Cost of the Work Plus' a Fee, the maximum allowable to CONTRACTOR on account of overhead and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee shall be payable on the basis of costs itemized under paragraphs II.4A. I I A.5 and 11.5: 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by a" 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. i, Whenever the cost of any Work is to be determined pursuant to paragraph 11.4 or 11,5. CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- N EER. CONTRACTOR agrees that: 11.8. I. The allowances include the cost to CON- TRACTOR !less any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv. ered at the site. and all applicable taxes: and 11.8.2, CONTRACTOR's costs for unloading and handling on the site. labor, installation costs. overhead. profit and other expenses contemplated for the allowances have been included in the Contr.lct Price and not in the ~3 I I I allowances. No demand for additional payment on account of any thereof will be, valid. I Prior to final payment. an appropriate Change Order will be issued as recommended by ENGINEER to reflect actual alnounts due CONTRACTOR. on account of Work covered by allowances. and the Contract Price shall be COlTeSpond- ingly adjusted. I Unit Price Wort: 11.9.1. Where the Contract Documents provide that all or pan of the Work is to be Unit Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi. cated in the Agreement. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work performed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. I I I I 11.9.2. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR' s overhead and profit for each sep- arately identified item. I I 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Anicle 11 if the panies are unable to agree as to the amount of any such increase. I I I ARTICLE l2-CHANGE OF CONTRACT TIME I 12.1. The Contract Tune may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the pany making the claim to the other pany and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be deliv- ered within sixty days after such occurrence (unless ENGI. NEER allows an additional period of time to, ascenain more accurate data in suppon of the claim I and shall be accom- panied by the claimant's written state,ment that the adjust. ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time I I I I shall be determined by ENGINEER in accordance with para- graph 9.11 if OWNER and CONTRACTOR cannot otherwise agree. No claim for an adjustment in the ContnlCt Tune will be valid if not submined in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extendCd in an amount equal to time lost due to delays beyond the conuol of CON- TRACTOR if a claim is made therefor as provided in Panl- graph 12.1. Such delays shall include. but not be limited to. acu or neglect by OWNER or others performing additional work as contemplated by Article 7. or to fires. floods. labor disputes. epidemics. abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article 12 shall not exclude recovery for damages (including but not limited to fees and charges of engineers. architects. anorneys and other professionals and c6un and arbitration costs) for delay by either party. ARTICLE 13-W ARRANTY AND GUARANTEE; TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK WGmIIII1 and GUlUYUIUe: 13. I. CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in accor. dance with the Contract Documents and will not be defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work. whether or not in place. may be rejected. corrected or accepted as provided in this Article 13. Accas to Wort: 13.2. ENGINEER and ENGINEER's representatives. either representatives of OWNER. testing agencies and gov- ernmental agencies with jurisdictional interests will have access to the Work at reasonable times for their observation. inspecting and testing. CONTRACTOR shall provide proper and safe conditions for such access. Tem and Inspections: 13.3. CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required inspections. tests or approvals. 13.4., If Laws or Regulations of any public body having jurisdiction require any Work (or pan thereoO to specifically be inspected. tested or approved. CONTRACTOR shall assume full responsibility therefor. pay all costs in connection therewith and furnish ENGINEER the required cenificates oi inspection. testing or approval. CONTRACTOR shall also 24 I I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN. ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to CON. TRACTOR's purchase thereoffor incorporation in the Work. The cost of all inspections. tests and approvals in addition to the above which are required by the Contract Documents shall be pa~d by OWNER lunless otherwise specified!. I I I 13,5. All inspections, tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR lor by ENGIl'EER if so specified). I I 13.6. If any Work (including the work of others) that is to be inspected. tested or approved is covered without written concurrence of ENGINEER. it must. if requested by ENGI- NEER. be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice ofCONTRACTOR's inten. tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. I I 13.7. Neither observations by ENGINEER nor inspec. tions, tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documems. I I Uncovering Work: 13.8. If any Work is covered contrary to the wrillen request of E;-.lGINEER. it must. if requested by ENGI~EER. be unco\'ered for ENGINEER's observation and replaced at CONTRACTOR's expense, I I 13,9, If E:-IGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR. at ENGINEER's request. shall uncover. expose or otherwise make available for observation. inspection ~r testing as ENGI~EER mal' require. that ponion of the Work in question. fumishing all necessary labor. material and equipment. [f it is found that such Work is ddecTin'. CONTRACTOR shall bear all direct. indirect and .:onsequential costs of such unco\'enng. expo- sure. observation. inspection and testing and of satisfactory reconstruction. (including but not limited to fees and charges of engineers. architects. attorneys and other professionals). and 0 WN ER shall be enlllled to an appropriate decrease in the Contract Price. and. if the panies are unable w agree as to the amount thereof. may make a claim therefor as provided in .':"rtick II, If. h\l\\ e\ er. ~lIch VV'l'!'1i. is not f,'und to ~e de,ft'ciin', CO:'\TRAl'TOR ,hall be allowed an m.:rease in the Cllntract Pro.,_ .;' ...i c\;~n~illn of Ihe Contra.:t Time, l'r both. Jirectl~ allJ'Jlllllable Iv ,uch uncoverin!;. exposure. observation. inspcctiun. testing and reconstructil'n: and. if the parties are unahle 10 <igret.' as III the amuunt llr extent I I I I I I thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. Owner May Stop the Work: [3.10. If the Work is defectil'e. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment. or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents. OWNER may order CONTRACTOR to s~op the Work. or any portion thereof. until the cause for such order has been eliminated: however.. this right of OWNER to stop the Work shaH not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party. Cornction or Removal of Defective Work: 13.11. Ifrequired by ENGINEER. CONTRACTOR shall promptly. as directed. either correct all defectil'e Work. whether or not fabricated. installed or completed. or. if the Work has been rejected by ENGINEER. remove it from the site and replace it with nondefectil'e Work. CONTRACTOR shaH bear all direct. indirect and consequential costs of such correction or removallinc1uding but not limited to fees and charges of engineers. architects. attorneys and other profes- sionals) made necessary thereby, One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre- scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be defectil'e, CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instructions. either correct such defecTil'e Work. or. if it has been rejected by OWNER. remove it from the site and replace it with nondefecTive Work. If CONTRACTOR does not promptly comply with the terms of such instructions. or in an emergency where delay would cause serious risk of loss or damage. OWNER may have the defeCTive Work cor. rected or the rejected Work removed and replaced. and all direct. indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers. architects. attorneys and other professionals) will be paid by CONTRACTOR, [n special circumstances where a particular item of equipment is placed in continuous service before Substantial Cumpletion of all the Work. the correction period for that item may start to run from an earlier date if su provided in the Specitications ur by Written Amendment. ,-t,'uptance of Defective Work: 13~ 13. If. instead uf requiring correction or removal and replacement of ddi!CTil'(' Work. OWNER land. prior to ENGIN EER's recommendation uf tinal payment. alsu ENGINEER) prefers to accept it. OWNER may do so. CON- TRACTOR ,hall hear all direct. indirect and consequential ~5 I I costs attributable to OWNER's evaluation of and determi. nation to accept such d~ectiv~ Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers. architects. attor- neys and other professionals). :If any such acceptance occurs prior to ENGINEER's recommendation of final payment. a Change Order will be issued incorporating the necessary revi- sions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price, and. if the panies arc unable to agree as to the amount thereof, OWNER may make a claim th~refor as provided in Anicle 11. If the acceptance occurs after such recommendation. an appropriate amount will be paid by CONTRACTOR to OWNER. I I I I I OWNER May COfTtct Defectiw Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and to correct defective Work. or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph 13.11, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents. or if CON- TRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' writ- ten notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or pan of the site, take possession of all or pan of the Work, and suspend CON- TRACTOR's services related thereto. take possession of CONTRACTOR's tools. appliances. construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER. OWNER's represen- tatives. agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct. indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged apinst CONTRACTOR in an amount approved as to reasonableness by ENGINEER. and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price. and. if the'panies arc unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article I I. Such direct. indirect and consequen- tial costs will include but not be limited to fees and charges of engineers. architects. attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defectivt' 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 orOwNER's rights and remedies hereunder. I I I I I I I I I I I I ARTICLE 14-PA YMENTS TO CONTRACTOR AND COMPLETION ScMtb.t.U of VaLuu: 14.1. The schedule of values established as provided in pal"agraJ:)h 2.9 will serve as the basis for progress payments and will be incorporated into a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Worle will be based on the number of units completed: AppliulUm for Progreu Pay",.,": 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli. cation for Payment fined out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supponing documentation as is required by the Contract Documents. If payment is requested on the basis of materials and equipment not incorporated in the Wurk 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 an liens. charges, security interests and encumbrances (which arc hereinafter in these General Conditions referred to as "Liens.') and evidence that the materials and equipment are covered by appropriate propcny insurance and other arrangements to protect OWNER's interest therein. all of which will be sat- isfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Wamznry ofTuu: 14.3. CONTRACTOR warrants and guarantees that title to all Work. materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. ReNw of Appliauions for Progrns Paymeru: 14.4. ENGINEER will. within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Applicatiol1 to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to rec- ommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation. the amount rec- ommended will (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a 26 I I representation by ENGINEER to OWNER. based on ENGI- NEER's on-site observations of the Work in progress as an experienced and qualified design prolessional and on ENGI. NEER's review of the Application for Payment and the accompanying data and schedules that the Work has pro. gressed to the point indicated: thaI. to the best of ENGI- N EER's knowledge. information and belief. the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion. to the results of any subsequent tests called fOf in the Contract Documents. to a final determination of quantities and classifications for Unit Price Work under paragraph 9.10. arid to any other qualifi. cations stated in the recommendation I: and that CONTRAC- TOR is entitled to payment of the amount recommended. However. by recommending any such payment ENGINEER will not thereby be deemed to have represented that exhaus. tive or continuous on-site inspections have been made to check the quality or the quantity of the Work beyond the responsibilities specitically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the panies that might entitle CONTRAC- TOR to be paid additionally by OWNER or OWNER to withhold payment to CONTRACTOR. I I I I I I I 14,6. ENGINE~R's recommendation of final payment will constitute an additional representation by ENGINEER 10 OWNER lhat the conditions precedent to CONTRAC- TOR's being entitled 10 final payment as set forth in paragrapb 14.13 have been fulfilled. I I 14.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion. il would be incorrect to make such representations to OWN ER. ENGINEER may also refuse to recommend any such pay- ment. or. because of subsequently discovered evidence or lhe results of subsequent inspections or tests. nullify any such paymenl previously recommended. to such extenl as may be nocessaryin ENGINEER"s opinion to protect OWNER from loss because: ' I I 14.7.1. lhe Work is defecti\'e. or compleled Work has been damage? requiring correction or replacement. I 14.7.2. the Contract Price has been reduced by Writ. [en Amendment or Change Order. I 14,7,], OWNER has been required to correct de.fL'c' lil'e Work or complete Work in accordance with paragraph 13,14. or I 14,7.4, ur' ENGINEER's actual knowlc:dge of the occurrence of any of the events enumerated in paragraphs 15,2.1 through 15,2.9 inclusive. I OWNER may refuse to make payment of the full amount recommended by ENGIN EER because claims have been made againsl OWNER un aC(;OUnl ur'CONTRACTOR's per- formance or furnishing of the Work or Liens have been filed in (;onnection with (he Work or there are other items entitling I I OWNER 10 a set-off againsllhe amounl recommended. but OWNER mUSl give CONTRACTOR immediate wrillen notice (with a copy 10 ENGINEER) Slating lhe reasons for such action. SubSUlnliJU Compktion: 14.8. When CONTRACTOR considers lhe entire Work ready for ilS intended use CONTRACTOR shall nOlify OWNER and ENGINEER in writing thallhe entire Work is, substantially complete (except for items specifically lisled by CONTRACTOR as Incomplete) and requesl that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter. OWNER. CONTRACTOR and ENGINEER shall,make an inspection of the Work to deter- mine the status of completion. If ENGINEER does not con. sider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor. rected before final payment. OWNER shall have seven days after receipt of lhe tentative certificate during which to make written objection to ENGINEER as 10 any provisions of lhe certificate or attached list. If. after considering such objec- lions. ENGINEER concludes lhat the Work is not substan- tially complete. ENGINEER will within fourteen days after submission of the tentative certificate 10 OWNER notify CONTRACTOR in writing. stating the reasons therefor. If. after consideration of OWNER's objections. ENGINEER considers the Work substantially complete. ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion I with a revised tentative list of ilems to be com- pleted or corrected) reflecting such changes from the tenlative certificate as ENGINEER believes justified after consider- alion of any objections from OWNER. At lhe time of delivery of the tentative cenificate of Substantial Completion ENGI- NEER will deliver to OWNERand CONTRACTOR a wrinen recommendation as 10 division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation. safety. maintenance. heal. utilities. insurance and warranties. Unless OWNER and CONTRACTOR agree olherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificale of Substantial Completion. ENGINEER's afore- said recommendalion will be binding on OWNER and CON. TRACTOR until final payment. 14.9. OWNER shall have the right to exclude CON- TRACTOR from the Work after the date of Substantial Com- plelion. but OWNER shall allow CONTRACTOR reasona\:lle access to complete or correct items on the tentative list. Partwl L'/i/i:;IJ/ion: 14.10. Use by OWNER of any finished part of the Work. which has specifically bec:n idenlified in the COOlracl Do..:u- 27 I I ments. or which OWNER. ENGINEER and CONTRAC- TOR agree constitutes a separately functioning and useable part of the Work that can be used by OWNER without sig- nificant interference with CONl,"RACTOR's performance of the remainder of the Work, rriay be accomplished prior to Substantial Completion of all the Work subject to the follow- 109: I I 14.10.1. ,OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes to be ready 'for its intended use and substantially complete. If CON- TRACTOR agrees. CONTRACTOR will certify to OWNER and ENGINEER that said part of the Work is substantially complete and request ENGINEER to issue a cenificate of Substantial Completion for that part of the Work. CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to determine its Slatus of completion. If ENGINEER does noi consider that part of the Work to be substantially complete. ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that part of the Work to be substantially complete. the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. I I I I I I I 14.10.2. OWNER may at any time request CON- TRACTOR in writing to, permit OWNER to take over operation of any such pan of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time there., after OWNER. CONTRACTOR and ENGINEER shall make an inspection of that pan 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 pan of the Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation. safety. maintenance. utilities. insur- ance. warranties and guarantees for that pan of the Work which will become binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEERl. During such operation and prior to Substantial Completion of such pan of the Work. OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. I I I I I I I I 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph S.lS in respect of property insurance. F UuIlI nsp<<t:liDn: 14.11. Upon wrinen notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals ,that the Work is incomplete or defutive. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- ciencies. FUuIl ApplialtiDn for Pay1MIU: 14.12. After CONTRACTOR has completed all such cor- rections to the satisfaction of ENGINEER and delivered all maintenance and operating insuuctions. schedules. guaran- tees. Bonds. certificates of inspection. marlted-up record documents (as provided in paragraph 6.19) and other docu- ments-a.ll as required by the Contract Documents. and after ENGINEER has indicated that the Work is acceptable (su~ ject to the provisions of paragraph 14.16). CONTRACTOR may make application for final payment following tbe pro- cedure for progress payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Conuact Documents..together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR may furnish receipts or releases in full: an affidavit of CON- TRACTOR that the releases and receipts include all labor. services. material and equipment for which a Lien could be filed. and that all payrolls. material and equipment bills, and other indebtedness connected with the Work for which OWNER or OWNER' s propeny might in any way be respon- sible. have been paid or otherwise satisfied: and consent of the surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full. CON- TRACTOR may furnish a Bond or other collateral satisfac. tory to OWNER to indemnify OWNER against any Lien. Fintd PaymenJ and AcceptlUlce: 14.13. If. on the basis of ENGINEER's observation of the Work during consU"Uction and final inspection. and ENGINEER"s review of the final Application for Payment and accompanying documentation-all as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR.s other obligations under the Contract Documents have been fulfilled. ENGI- NEER will. within ten days after receipt of the final Appli. cation' for Payment. indicate in writing ENGINEER.s rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give wrinen notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14.16. 28 I I Otherwise. ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment. in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation. in appropri- ate form and substance. and with ENGINEER's recommen- dation and notice of acceptability. the amount recommended by ENGINEER will become due and will be paid byOWNER to CONTRACTOR. I I I 14.14. If. through no fault of CONTRACTOR, final com. pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall. upon receipt of CON- TRACTOR's final Application for Payment and recommen. dation of ENGINEER. and without terminating the Agree. ment. make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree. ment. and if Bonds have been furnished as required in para- graph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions g~v- erning final payment, except that it shall not constitute a waiver of claims. I I I I I Contractors 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 payment by ENGINEER. nor the issuance of a cer. tificate of Substantial Completion. nor any payment by OWNER to CONTRACTOR under the Contract Documents. nor any use or occupancy of the Work ,?r any part thereof by 'OWNER. nor any act of acceptance by OWNER nor any failure 10 do so. nor any review and approval of a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13. nor any correction of ciefecril'e Work by OWNER will con. stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli. gation 10 perform the Work in accordance with the Contract Documents te,\cept as provided in paragraph 14,161. I I I I I I Wail'er of Claims: 1-1,16, The making and acceptance ur' nnal payment will constitute: I 1-1,,16,1, a waiver of all claims b\' OWNER against CO:'-JTRACTOR. e:\cept claims arising from unsenle:u Lie:ns. from "".(('cr;\'(' Work appearing after final inspe:c- lilln pursuant to para!,:raph 1-1, II or from failure (II comply II IIn the: (onlracl Dllcume:nlS or the terms of any spe:cial !,:u:Jran(t:es specitieu therein: however. it will nlll consti- lure :J \\'aivc:r h~' OWN ER of aO\' rights in r<:spcct Ill' I I 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 I5-SUSPENSION OF WORK AND TERMINATION Owner May Suspend Work: 15.1. OWNER may. at any time and without cause, sus- pend the Work orany portion thereof for a period of not more than ninety days by notice in writing to CONTRACTOR and ENGINEER which will fix the date on which Work will be resumed. CONTRACTOR shall resume the Work on the date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time. or both. directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles II and 12. Owner May Termi1ulu: 15.2. Upon the occurrence of anyone or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title II. United States Code). as now or hereafter in effect, or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency: 15,2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing. or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency,: IS.:!.). if CONTRACTOR makes a general assignment for the benefit of creditors: 15.204. if a lrustee. receiver. cuslodian or agent of CONTRACTOR is appointed under applicable law or under contract. whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit ofCONTRACTOR's creditors: 15.2.5. if CONTRACTOR admits in wriling an inabil- ity to pay its debts generally as they become due: 15.2.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents ~9 I I (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): I I 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body 'having jurisdiction: 15.2.8. if CONTRACTOR disregards the authority of ENGINEER; or I 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments; I OWNER may. after giving CONTRACTOR (and the surety. if there be one) seven days' written notice and to tbe extent permitted by Laws and Regulations. terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACfOR's tools. appliances. construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion), incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct. indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers. architects. attor- neys and other professionals and coun and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance. CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order. but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. I I I I I I I I I I 15.3. Where CONTRACTOR's services have been so terminated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 1.5,4. Upon seven days' wrinen notice to CONTRAC- TOR' and ENGINEER. OWNER may. without cause and without prejudice to any other right or remedy. elect to aban- don the Work and terminate the Agreement. In such case. CONTRACTOR shall be paid for all Work executed lind any' expense sustained plus reasonable termination expenses. which will include. but not be limited to. direct. indirect and con- sequential costs (including. but not limited to. fees and charges of engineers. architects, anorneys and other professionals and coun and arbitration costs). CorllraCtOr May Stop Wort or re17flinlll4: 1.5..5. If. through no act or fault of CONTRACTOR. the Work is suspended for a period of more than ninety days by OWNER or under an order of c:oun or other public authority, or ENGINEER fails to act on any Application for Payment within thiny days after it is submitted. or OWNER fails for thiny days to pay CONTRACTOR any sum finally deter- mined to be due. then CONTRACTOR may. upon seven days' written notice to OWNER and ENGINEE~. terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement. if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid. CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. . (The remainder of this page was left blank intentionally.] I I I 30 I I I I I I I 'I I I I I I I I I I I I ARTICLE l6--ARBITRATION 16.1 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu- ments or the brea,ch thereof shall be decided under Georgia Law'in the Superior Court of Richmond County, Georgia. (The remainder of this page vas left blank intentionally.) 31 I I I I I I I I I I I I I I I I I I I (This page was left blank intentional.ly.) 32 I I ARTICLE 17-MISCELLANEOUS I Giving Nodee: 17.1. Whenever any provIsion of the Contract Docu- ments requires the giving of written notice, it will be deemed to have been validly given if delivered in person to the indi- vidual or to a member of the lirm or to an officer of the corpOration for whom it is intended. or if delivered at or sent by registered or cenified mail. postage prepaid, to the last business address known to the giver of the notice. I I ComplllDlion ofTir1u: 17.2.1. When any period of time is referred to in the Contract Documents by days. it will be computed to exclude the lirst 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 legal holiday by the law of the applicable jurisdiction. such day will be omitted from the computa- tion. I I I 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. I General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or propeny because of any error, omis- I I I I I I I I I I sion or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable. claim will be made in writing to the other party within a reasonable time of the lirst observance of such injury or damage. The provisions of this paragraph 17.3 shall ,noL 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- , era! Conditions and the rights and remedies av~lable he~- under to the partie~ hereto. and. in particular but without limitation. the warranties. guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30. 13.1, 13.12.13.14. 14.3 and 15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder. are in addition to. and are not to be construed in any way as a limitation of. any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations. by special warranty or guarantee or by other provisions of the Contract Documents. and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty: obliga- tion. right and remedy to which they apply. All representa- tions. warranties and guarantees made in the Contract Doc- uments will survive linal payment and termination or com- pletion of the Agreement. 33 I I I I I I I I I I I I I I I I I I I 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 9r property insurance will be purchased by Augus~a-Richmond County for this project. Current insurance coverages will remain in effect for the life of this Contract. 1.2 CONTRACTOR'S LIABILITY: As indicated under section 5.3 of the General Conditions, the Contractor's Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone person, and subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $100,'000 for all property damage sustained by anyone person in anyone accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. The Contractor shall either (1) require each of his subcontractors to and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 1.3 SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and ,property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Augusta-Richmond County Road System. (b) Work within easements granted by property owners in connection with the construction of the project. (c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, ~ther utilities and private structures contiguous to the job site. SC-1 I I I I I I I I I I I I I I I I I I I 1.4 TESTING LABORATORY: All testing and laboratory work in connection' therewith shall be performed by an independent firm and paid for by the Contractor. Copies of all test reports shall be forwarded to Augusta-Richmond County Public Works. There will be no separate payment for this work. 1. 5 SURVEY S : The Contractor will provide surveying for construction staking, horizontal control and vertical control as necessary. 1.6 PROGRESS PAYMENT: section 14.2 of the General Conditions shall be amended as follows: The contractor may submit monthly estimate for work completed and materials properly stored as approved by the Engineer. When an estimate includes materials stored, a bill of sale, invoice or other documentation warranting that the Owner is receiving the material free and clear of all liens, charges, security interest and other encumbrances shall be attached to the payment request. 1. 7 ENGINEER: All references to "Engineer" shall be interpreted to mean the Augusta-Richmond County Engineer, or his official designee. (References 4.3, 1.4, 3.2) 1.8 UNDERGROUND UTILITIES: 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. (Reference 6.20) 1.9 SAFETY: The Contractor shall use certified flagmen, barricades and signs as necessary to notify the public, in particular those persons driving in the vicinity of the' project, of the construction and its affect on traffic. SC-2 " ~ THE AMERICAN INSTITUTE OF ARCHITECTS . AlA Document A311 Performance Bond KNOW All MEN BY THESE PRESENTS: that P.o. Box 4300, West Columbia, South Carolina Allsteel Products Company, 2 9171Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) UNITED STATES FIDELITY AND GUARANTY COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission- Council, 1815 Marvin Griffin Road, Augusta, GA 3090~ereinsertfullnameandaddressorlegaltitleofOwner) as Obligee, hereinafter called Owner, in the amount of FIFTY TWO THOUSAND FOUR HUNDRED SIXTY ONE DOLLARS AND NO/IOO - - - - - - - - - - - - - - - - - - -Dollars ($52,461.00 ) , for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for Glenn Hills Bridge Safety Fence, Project Number 55-8596-095, Richmond County, GA in accordance with Drawings and Specifications prepared by Plans by Owner (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AlA 8 . FEBRUARY 1970 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS, 173S N,Y. AVE., N.W., WASHINGTON, D. C. 20006 1 <. ,... NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. UNITED STATES FIDELITY AND GUARANTY COMPANY 1 (Surety) By, (IrMa ~; /J{Jk Cynthia M. Partin - Attorney-in-Fact AlA DOCUMENT .4311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AlA ~ FEBRUARY 1970 ED.. THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, 0, C. 20006 Counteisigned By: . ~-i!t~I./:/JJtge(nA-t;) Lc.:.;-,;.:,{;(}1i7, ." . .\' The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon de- termination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of Signed and sealed this d-o day of ~C0/~ defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, adminis- trators or successors of the Owner. ":J~ f-l e 19 cth L Allsteel Products Company (Principal) (Seal) (Title) Richard C. Fadeley, Jr. - er (Seal) 2 " THE AMERICAN INSTITUTE OF ARCHITECTS AlA Document A311 Labor and Material Payment Bond THIS BONO IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FUll AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that P.o. Box 4300, West Columbia, South Carolina Allsteel Products Company, 29171 (Here insert full name and address or legal title of Contractor) as Principal, hereinafter called Principal, and, (Here insert full name and address or legal tille of Surely) UNITED STATES FIDELITY AND GUARANTY COMPANY as Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County Commission- Council, 1815 Marvin Griffin Road, Augusta, GA 30906(Here insert full name and addren or legal title of Owner) as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the FIFTY TWO THOUSAND amount of FOUR HUNDRED SIXTY ONE DOLLARS AND NO/lOa - - - (Here Insert a sum equal to at least one-half of the conlract price) Dollars ($ 52,461.00 ), for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. " WHEREAS, '- " Principal has by written agreement dated 19 , entered into a contract with Owner for Glenn Hills Bridge Safety Fence, Project Number 55-8596-095, Richmond County, GA in accordance with Drawings and Specifications prepared by Plans by Owner (Here Insert full name and addren or legal thle of ^,chltecll which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AlA DOCUMENT A311 . PERFORMANCE BOND AND lABOR AND M4,T~I1IAl PAYMENT BOND . AlA @ FEBRUARY 1970 ED,' THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N,Y. AVE., N,W., WASHINGTON, 0, C. 20006 3 r NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however, to the fol- lowing conditions: 1, A claimant is defined as one having a di rect con- tract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon, The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3, No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial Signed and sealed this ~ day of SJpt~ accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed, Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope ad- dressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the trans- action of business, or served in any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer, b) After the expiration of one (1) year following the date on which Principal ceased Work on said Contract, it being understood, however, that if any limitation em- bodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law, c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is sit- uated, and not elsewhere, 4, The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed of record against said improvement, whether or not claim for the amount of such lien be presented under and against this bond, 0~ 19'jb lB Allsteel Products Company (Principal) (Seal) er UNITED STATES FIDELITY AND GUARANTY COMPANY I B (Surety) (Seal) (Title) M. Partin - Attorney-in-Fact AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND . AlA @ FEBRUARY 1970 ED.. THE AMERl';AN I~TlTlJTE,QF A~J:;I;tITECTS, 1735 N,Y. AVE., N.W" WASHINGTON, D, C. 20006 vOumerslgnea oy. . 4 '-- -. t~u 1250559 Un~ed States Fidelity and Guaranty Company Power of Attornev No, 109398 S F+G" Know all men by these presents: That United StItes Fidelity and Guaranty Company, a corporation organized and existing under the laws of the State of Maryland and having its principal office at the City of Baltimore. in the State of Maryland. does hereby constitute and appoint James M. Maloney, Linda R. Councill and Cynthia M. Partin of the City of Co 1 umb ia . State of Sou t h Ca ro 1 i na its true and lawful Attorney(sHn-Fact. each in their separate capacity if more than one is named abo'J!!. to sign its name as surety to. and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Company in its business of quaranteeing the fidelity of persons; guaranteeing the performance of contracts: and executing or guaranteeing bonds and undertaking required or permitted in any actions or proceedings allowed by law, In Witness Whereof. the said United States Fidelity and Guaranty Company, has caused this instrument to be sealed with its corporate seal, duly attested by the signatures of its Vice President and Assistant Secretary, this 7th day of July . A.D. 1995 United States Fidelity and Guaranty Company, ,.,,,,, By "r~..,A~d~ ::""" By.~t~~;;~~;;,. Baltimore City I <t~'\~ ~ '\~ On this 7 th day of July ,A,D, 19..9"5 ,before me pers9.lllt~a~Gary A. Wilson, Vice President of United StJItes Fidelity and Guaranty Company. and Thomas J, Fitzgerald, Assistant~ecre ~said- ~pany, with bpth '\.~m I am personall~nted, who being by me severally duly sworn, said. that they. the said Gary A. Wilson and Thomas J, Fi re respecti'J!!ly tlJ..el~~ident and the As' ~etary of the said United States Fidelity and Guaranty Company, the corporation described in anclf!lJ ecuted the for8[ot.~p'4er of Attorney; that new the seal of said corporation; that the seal affixed to said Power of Attorney was such corporate ~, ~~t was so affixed btt.~the Board of Di~ id corporation, and that they signed their names thereto by like order as Vice President and Assistant Sec~~, respecti'J!!ly. of JI1e 0~y, ~V My Commission expires the 1st day of ~~~u A.D,19 9~~ ~ z\f ' ~ (Sign~~BY... . " .. ......Zt-.~...... . .>f!I;"'Ii: ~ ~ ~ ~~at<~ ~O This Power of Attorney is granted under an~-Qty of the following Resolutions adopted by the Board of Directors of the United States Fidelity and Guaranty Company on September 24. 1992: Resolved, that in connection with the fidelity and surety insurance business of the Company. all bonds, undertakings, contracts and other instruments relating to said business may be signed, executed, and acknowledged by persons or entities appointed as Anorney(sHn-Fact pursuant to a Power of Attorney issued in accordance with these resolutions, Said Powerjs) of Anorney for and on behalf of the Company may and shall be executed in the name and on behalf of the Company, either by the Chairman, or the President or an Executi'J!! Vice President or a Senior Vice President or a Vice President or an Assistant Vice President jointly with the Secretary or an Assistant Secretary, under their respective designations, The signature of such officers may be engraved, printed or lithographed, The signature of each of the foregoing officers and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(sHn-Fact for purposes only of executing in and attesting bonds and undertakings and other writings obligatory in the nature thereof. and. unless subsequently revoked and subject to any limitations set forth therein. any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any, such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is validly attached, Resolved, That Attorney(sHn-Fact shall have the power and authority, unless subsequently revoked and, in any case. subject to the terms and limitations of the Power of Attorney issued to them, to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings. and other writings obligatory in the nature thereof, and any such instrument executed by such Attorney(sHn Fact shall be as binding upon the Company as if signed by an Executi'J!! Officer and sealed and anested to by the Secretary of the Company, ' I, Thomas J, Fitzgerald, an Assistant Secretary of the United States Fidelity and Guaranty Company, do hereby certify that the foregoing are true excerpts from the Resolutions of the said Company as adopted by its Board of Directors on September 24.1992 and that these Resolutions are in full force and effect. I, the undersigned Assistant Secretary of the United States Fidelity Ind Guaranty Company, do hereby certify that the foregoing Power of Attorney is in full force and eHect and has not been revoked, '" m;, '0 ',:;:,,"' W"",,f.I "'" h~~O. '" my MOO 'c p ;:A'" ,;, . ,,' G~"o~ C'mp.", e UU~f; U Au;",,, """'ry Stlte of Maryll nd I FS 3(5-95) I' I I I I I I I I I I I I I I I I I I SECTION P PROPOSAL Date: -APe.J L '30 \ qq j~ l Gentlemen: In compliance with your invitation for bids dated Af~IL I , 19q~, the undersigned hereby proposes to furnish all labor, equipment, and materials, and to perform all work for the installation of streets, and appurtenances referred to herein as: Glenn Hills Bridge Safety Fence Project Number: 55-8596-095 in strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule attached hereto and totaling: %~llAJ1) ~ ~ ~ ~ ,4 ~ 0v.J DOLLARS ($ {;;;(/ IJk f . tnl The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the OWNER, and that he will provide the bond or guarantees required by the Contract Documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work within 10 calendar days after the date of written notice to proceed, and that he will complete the work within 60 calendar days. The undersigned acknowledges receipt of the following addenda: Respectfully Submitted A LL$ TtE"L Pf2cJ D LAC-r-5 (1" Wame() ~f Firm) , Y-o. 17 () V- '-{ ~ 0 c (;J ~ C 0 L.k tIL-t.A l/\. ~ C .J, '( t 7 l (BUsin>>s tddressl ~Ajl By: !{j~wwl{J_7~ Title: () e"j N~ P-l I' I I I I ITEM GLENN HILLS BRIDGE SAFETY FENCE PROJECT NUMBER: 55-8596-095 DETAILED ESTIMATE NO. DESCRIPTION UNIT UNIT OTY PRICE AMOUNT 1643-1171 Chain Link Fence, Zinc Coat, 8 Ft 9 GA LF 603 ~g 7. llC ::!.. 5~. tjbl,n . 1 I TOTAL dtc- :..;~ I '1'1. v1. INote: All work, materials, incidentals, etc. shall be included in the cost of Item 643-1171 - Chain Link Fence, Zinc Coat, 8 Ft, 9 GA. I 1 I I 1 I I 1 I I Au-~ Te-8L- ~/u)OUCY1 (1/ CONTRACTOR P-2 I I I I I I I I I I I I I I I I I I I GLENN BILLS BRIDGE SAFETY FENCE project Number: 55-8596-095 ~ AS-BUILT PLANS: The Contractor shall furnish a legible set of "as-built" plans, in good condition, to the Project Inspector no later than 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. As-built plans, approved by the Project Inspector, must have the Inspector's signature on the cover sheet. No "as-built" plans will be accepted without the approval of the Project Inspector. 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. 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 flaggers shall meet the requirement of part 6F of the MUTCD and must have received training and a certificate upon completion of the training from a Department approved training program. Failure to provide certified flaggers as required above shall be reason for the Engineer suspending work involving the flagger(s) until the Contractor provides the certified 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 for controlling traffic. The Stop/Slow paddle shall have a shaft length of six (6) feet minimum. In addition to the 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. In G-l I I I I I I I I I I I I I I I I I I I addition to the signs required by the MUTCD, sighs at regular intervals, warning of the presence of the flagger shall be placed beyond the point where traff ic can reasonably be expected to stop under the most severe conditions for that day's work. INSPECTION: This project will be inspected by the Engineer or his Representative. SPECIFICATIONS, STANDARDS AND OTHER DATA: All references in this document, which'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 mean, and shall be deemed to mean, Augusta-Richmond County, Augusta-Richmond County Commission-Council Department of Engineering Services. The date, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations and are believed to be indicative of actual conditions. However, the same are shown as information only, are not guaranteed, and do not bind Augusta-Richmond County, Georgia in any way. Only the actual quantities completed and accepted will be paid for. The attention of the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the Georgia Department of Transportation, current edition, which will be part of this contract. This, project is based on and shall be constructed in accordance with the State of Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges, current Edition and any supplements thereto. All of these specifications shall be considered as t-hough fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. Unt~l the conflict is resolved, the interpretation of the Engineer shall control the situation. SUBCONTRACTORS: The Contractor shall furnish the official name of all firms he proposes to use as Subcontractors in the work. This information should be furnished at the Preconstruction Conference. However, no work shall be done on this project by a Subcontractor until the Contractor receive written approval of his Subcontractor(s) from the Engineer. The Engineer shall notify the Contractor, in writing within 10 calendar days whether or not approval of the Subcontractor(s) is granted. G-2 I I I I I I I I I I I I I I I I I I I TESTING OF THE WORK: The Contractor shall employ a qualified materials testing laboratory to monitor more fully the quality of materials and work and to perform such tests as may be required under the contract documents as conditions for acceptance of materials and work. THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF THE WORK. All test results are to be submitted to the Engineer. No separate payment will be made for employing the testing laboratory or any required, tests. TRAFFIC CONTROL: The Contractor shall provide construction signs in accordance wi th requirements of "Manual on Uniform Traff ic Control Devices for Streets and Highways", current edition with added supplements and special provisions. The attention of the Contractor is specifically directed to Subsection 107.09 of the Standard Specifications regarding barricades, danger, warning, and detour signs. All temporary signs, barricades, flashing lights, striping and any other traffic control devices required during construction of this project shall meet all requirements of the M.U.T.C.D., current edition, as directed by the Engineer and 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 9'102. 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, etc. that either are obstructions to the prosecution 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 will be handled by the utility owner. G-3 " 1 1 1 I 1 1 I 1 I I 1 , I' I I 1 1 I I I S'ptember 13. 1991 April 7, .April 5, 1993 First Uset May' 28. 1993 First use 1993 IlEPARJBERT OF TRANSPOR'17aIbH' July 1, 1993 State of Georgia 1992 , SPECIAL PROVISION IIlDIFICATIOH OP SBCnOH 150.:- TRAFFic CONTROL 150_01 DESCRIPTION Delete second sentence and substitute: Activities shall consist of furnishing, installing, maintaining. and removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic control d~vices and shall include flagging and other means for guidance and protection of vehicular and ~destrian traffic through the Work Zone. ' 150.02 N. Add: N. All existing pedestrian walkaways shall ~ maintained. Whenever thang~s to the worksite necessitate changel to existing walkways, temporary walkways shall be provided and maintained, with appropriate signs as necessary, to allow safe passage of pedestrian traffic. 150.03 B. SIGNS: Retain as writt~ and add: All construction warning signs shall bt removed within seven calendar days after time charges are stopped or pay items are complete. Subsequent punch-list or othel: work to be performed shall be accomplished utilizing temporaty construction warning signs that shall be removed daily. 150.04 A. PAVEMENT MARKINGS: Delete first sentence and substitute: Generally, full pattern pavement markings in accordance with Section 652 and in conformance with Section 3A and 3B, except 3B-3 and 3B-S, of the MD1CD are required on all courses before the roadway is opened to traffic. No passing ~ones shall be marked to conform to Section 150.04 E. rc-/ I , I I I I I' I I I 1 1 I 1 I I I I I I I . 0' · 150.04 D.l.b_ NO PASSING ~ Delete first sentence and substitute: Full no-passing zone markings ~hall be marked daily and conform to Section 652 and in accordance with sections 3A and 3B, except 3B-3 and 3B-S. of the 1dUTCD. No passing %0069 'shall be marked to conform to Section IsO.otE. 150.04.D.1.c. Delete as written and '~dd: c _ EDGELINES % (1) Bituminous Surface Treabnent Paving: Edgelines will not be required on intermediate surfaces (including asphaltic concrete leveling for bituminous surtace treatment paving) that are in use for a period of less than sixty (60) calendar days except at bridge approaches. on, lane transitions, lane shifts ,and iJl such other areas as detemiDed by the Engineer, On the final surface edge lines must bt placed within fhirty~ (30 J calendar days of the time that the surface was placed. (2) All Other Types of Pavement: Edgelinet will not' be required on inter.mediate surfaces that are in uSe for a period of less than thirty (30) calendar days except at bridge approaches, on lane transitions, lane shifts. and in such other areas as determined by the Engineer. On the final surface edgelines must be placed within fourteen (14) calendar days of the time that the surface was placed. 150.04 E. Delete - APPLICATION OF TRAFFIC STRIPES - in beading of Paragraph E. and add: APPLICATION OF PAVEMENT MARKINGS Delete second paragraph and substitutt: .: . Pavement markings shall re-establish ~o-passing zones in the locations and configuration that existed prior to construction_ Existing no-passing tones shall be clearly identified as to location prior to eonstruction py staking or erection of -00 NOT PASS. and .-PASt WITH CARE- signs. On new location projects and on ptojects where either horizontal or vertical alignments hAve been modified, the location of no-passing zones will be identified b.Y the Engineer. ' 150.05 - FI~ 150_B: Delete -Note- and substitute: -Note: vertical panels or striped drums required for this location. spaced at 50 ft. intervals.- rc-z- . I I I I I I I 'I I I I I I I I I I I' I l' . ReV- FebrUi1rY 25, 1991 , FiTst use: May 24. 199~ ~ARIMENl' OF.~OO . o. State of Geor9ia ' . SUPPLEMENrAL sp!I:JFICATi~ . ~~ 150 - ~ CXJma, Delete Secti.al 150 as written and substitute the followinqz 150.01 DESXIPtICN: ~ section as ~leaented by the Plans, sr--if:ieations. and M[t.[O) shall be CQnSiderdd the 'lraffic Centrol Plan. Jl.ctivities shall consist of furnishing. irlstalling, mainta.i..nin9, and rem:::JVing necessary traffic signs, ~ic:adss, lights, signals, c:coes, pa~t markings and other traffic 0 control devices and shall incluce flaqginq and other rreans for guidance and ptot:ecticn of traffic through the Work Zone. "1hi.s tlxk shall include 00th 0 JIBintaining existing devices (excluding Traffic Signals) and inStalling ac3ditional c3evices as necessary in c::cnstructicn work zones. Rlen any provisions of this Specification or the plans 00 not rrcet the Ini..ni.mllm requi.rerrents of the~, Jnanual CX'1. UnifcmD ~affi.c COntrol Devi.ces (101.11'0)). current. edition,' 'thB MI1lO> controls. A_ 1:be eont:rac:tcr shall c2signate a qUalified individual' as the W:lrksite Traffic Control SUpervisor (WlCS) wOO shall be responsible far selecting, installing and maintainin9 all traffic ~t.rol devices in aceordanee with the Plans, Specifi~ticns~ Special Previsions and MrJrCD. 'Ihis individual's traffic caltrol tesponsibUities shall have priority over all other assigned duties. As tile representati. ve of the Contractor, the WICS shall have full authority to ect Cr1 behalf of the Ca1trector in administering the Traffic Control Plan. '!he wrcs shall have hpprc:prie:te training in safe traffic control prac=tices in accordance with Section 6A-6, Part ,VI of the MLrn:D _ In addi tial to the wn:s all others J'Ilakin9 aeeis;iCX1S regarcili'lg 'traffic control DUSt neet the training requirenentS of Sect.i.Qn 6A-6of the' K1IO)_ On projects where traffic control duties will not require full tine supervision, the Engi~ IDa)' allOo7 the Contractar's Project Superintendent. to serre as the wrcs as long as satisfactory results ~e ebtained. ~ wn::s &hall have a et::1PY of the MUTCD. current edition, Cl'l the jcb si~. Copies of 'the cw;rent K1IO) DaY be C1btai.neQ fraaz Superintendent of Ooct.1tents u.s_ Governrn5!nt Printing Office washingta1, D.C. 20402-9325 '!he wn::s shall be available al a 24-hclur basis as needed t:o Jnaint.ajn traffic ccntro1 c3evices with acceSS to all personnel, tnaterie1s and equipnent necessaxy to respond effectively to an energency situation witirln forty-five (45) minutes of notificatim of the SIergeney. -1- rC-5 I r :1 I I :1 I I I I I I I I I 'I I' I' I ~ Wn::s shall supervise ~ initial ;installittion of uaffic control _ devices which will be, reviewed by the Enginee.t" prior to the beginning of construetion. M::xllfications to traffic control deVic::es as required by sequence cf operations or staged ecznstruct1cn JtL1st be renewed by the wrcs. 'l11e WICS shall regularly perfODli inbpeCtions 1:0 ensure that traffic ~trol is 'ftBi,ntained. ' Bo- All traffic control devices used durinct the eonstruction of e project shall aeet the ~ds Wi 1 i ....~ In the MlJ'ltD, and shall ~ly with 'the requirements of theSe S['E'Cif;'-~cns, Project plJms, and Spel:ial PravisignS. }teference is made to SUb-sec:tia1S 104.05, . 101.01, and 107.09. c. All ref1ectarizaticn for traffiC ccm.ro1 devices shall meet the requi.renents gf Sedicn 913, ~ 1, unless otherWise spec;-f;ed. '0. No 'W:1rk shall be started CD any ptoject phaSe untU ,"the ~riate traffic contrOl devices haVe been placed in o=ordance with P1:oject requirenentS. 0lange5 to traffic DOll shall not carmence unless all labOr, lDatetials, end equiprent necessary to, make 'the changes ere i!\13ilable al the Project. E_ "Ihe eontractOr shall sec:ure the Engineer i s approval of the Contracter's prq;x>SeQ plan of operation, sequenee of work enO nethods of providing for the safe passage of traffit before it is place<l in cperation. '!be preposed plan of q,;eratic:rt shculc. supplenent 'the approved traffic ec:ntrOl plan. Arr':f major changes to the apprcned traffic' eontrcl plan, prc:p:lSed by 'the Contractor, are to be sul:mi tted to the ~ far -wrQ\1B1 in ~danCe \dth ~ 3.04.03 of the Standard ~;T.icatialS. Sate additional traffic cct1trol details will be required prior to arrt major shifts of traffic. '.the traffic cootrtll details shall incluOe, but not be limited to, the follodng: 1. A de1:ailed Crawing shewing traffid lo:Aticn zmd laneage fer each step of the change,,: 2_ 1he location, size, and nesSllge of aU si9JlS requirec. by'the Mt1l'CO, plans, Spec.i.aJ. PreviSions, and ether signs as required to fit c::c::;JIlditicns. " ' . 3_ 'nle net:hoc3 to be used in, and the 1imits of, i:he cblite.raticn of cc:rn:fllc;:tin9 J..ineS and markin9s- , ' 4. Type, lccaticn, end ectent of'rg,1 lines ana ~kings. 5. Bori%artal and vertical aligntren~ and supereleva.tion rirteS for det.c:urs, including crOSS sectim and profile grades ,along each edge of eristing paveaent. 6. Drainage details for tenporary ant! permanent aligments. 7. U:caticsn, length, and/or spacing of channelizing and prgt.eCtive devices (tarporary barritrr guardraU, barricades, etc.). -2. TC-~ r _ I 1 I I I I I I I I I I I I I I I' I, I , ' 8- St.artin9 t.imer auraticn lU'ld date Of planned cbDnge. 9. }'or each 1:r~ic shift, a paving plan, erectiQll plan, or '-'Ork site plan, as i!lppr~ate, detaUing man and equi.pne:nt necessary to accarplisti. the prq:osed work. 'lhiS will be the miJ1iIm,ml resource allccation allcwad to start the work. .. "l1le ~ detailS shall be sul::Ini tted to 'Uhe' Engirieer for zspproval. at least 14 &ys prior to the anticipated traffic shift. '!be Ccntraetar shall have traffic control cEtails for a traffic shift 104Ucl1 has been ~ ,by the Engineer in his possession prior to ~t of the physical shift. All preparatory ~k rilati. ve to the t,raffi.c, shift which Cbes not interfere with traffic SMll be accc:JtPlished a min:irPum of tllO hourS prior to the designated starting tilIe. 'Jbe Engineer and the Con~'s :representative will verify that all conditions have been met prior to ~ O:Intraetor c:bt:.ai.n!ng materials for the ect::Ual. traffic shift. .' F. Traffic control Oevi.ces shall be .in aceeptable condition ~ first erected en the project and shall be maintained in accordanCe with Sub-seetion ~04 .05 throughol.tt the c:onstruetion period_ All unaccept.able tr~fic control devices sha11 be replaced within 24 hours. Hhen net in user aJ.l traffic c;:gntrol aevices shall be rem:ri1ed, placec3 or covered so as not to be visible to traffic_ If traffic control devices are left in plar;:e for D:Ore than 10 aays after ccapleticn of the ~k, 'the Departnent shall have the right, to rem:JVe such deVices, claim possession thereof, and &duct. the cost of such rem:wal fran ciny POnies due, or whic:b may becars due, the eentral:tor. G. '!he ~ reserves the rlgl'it 'to resttict construCtioo operations when, in the !:Finial of the 'En~, 'the continuance of the Work w.=JUld seriously hinder traffic: flOll on days ilmediate1y before, en, or after holidays or other days in \lh1ch unusual traffic conditions exist, inc:luding threatening or .in~J~t weather. 1.50.02 ~ zaa:s:. ,,' A. '!raffic control shall be provideO'USin9 the follc:Min9 rna.ted.aisz 1. portable advance wamin9 signs as required by the CaltraC't. or neeting t:he req\1iIatents of the W1Q:l and SUb-Section 150.03. . 2_ Portable sequential or f1ashin~ arrrN panels as ~ in 't:he Plans or SpeCi.fications for use Ql Xnterstate or nulti-lane highway lane closure ally r shall be a Jnini,mJm she of 4S- high by 96" wide with net less than 15 lattps used for the arroW. '.l11e ar:rcw will a:::cJf?i virtUally the entire size of the iJUOtI panel and shall have a mi..niJun legibility distance of cne mile. f}be ud.niJm,1m le.i3ibili~ distanCe is that dist,anCft at 'Which the arrc1-1 panel can be oarprehended by an ooserver en a sunny day, or clear night. 1U:rCltl panels shiUl ~ equipped with autanatic cllirming featureS for use during hourS of darkness. '!he a:crow panels shall also sreet the requirerrents as shc:Jwln in the C\11'rent. editiro of the MUICD. '!be sequential or flashing attCM panels shall not be used for lane c:losures on ~lane, ~y highweys when traffic is restric:ted to one-lane operations in ..mien case, appr~iate signing. -3. TC'-S :1'; II t I ! - I , I I I I I I I I I I I I I: I' . :flOggers 1!IDd when required. pilot vehicles will be ,Jeenea su:ffi-jent. 3.. Portable ~able uessage signs d!etin9 the ~eaents of se=tia1 632. . . 4.. Char1nel1%ing devices JI2f;!ting 'the standards of the lCIO> lIJld SUb-$eCticm lSO.05. S _ PrecaSt ccncrete barrier JI2f;!ting 'the requirerrents cf Secti~ 622. 6. ~ traffic signals Deet:ing the requirements of Sect.ia1 647_ 7 . pa',,=ul;u~ marking )Da'terials c:t:a;?lyi.n9 with Sub-Secticn l50.04.A. B. All lane closures shall haVe previoull approval of the Engineer. Lane closures that require SCiQTe directiCX1 traffic to split zu:Qlmd the \obrk Area. will net l:le approved fQr roaclwafs with posted speeds of 35 uph or greater, ~uCin9 turn lanes. c. 'mAFFIC p~ Mf:l]iCD: 1- PM:ING OF ~c: Rith prior 8PPr~ fran the Engineer, traffic JMY be paeed allc:uin9 the eontr~ 1.1P to ten (10) minutes maxiJr!r.l%tl to ~k in or abQve ill lanes of traffic far the foll~ purposes! . a. Placing bridge JIa;:l'Lers or other bridge wc:rk b. Placing ovemead sign suu:t;breS c_ Other w:lrk itemS requirln9 ~ of traffic 'The c.ont.raetor shall proVide a un1fomed 'police officer. ~th patrol vehicle 4!nd blue flashing light for each d.iIectian of pacing _ 'Ihe pollee officer. E;ngined, and' naggers at ranps slmll be provided with a radio whic;:h allorwQ continuous c:ontaCt with the c:cntractor . ~ ready to start the \IoOI:)r; actiVity, the police vehicle will pull into We traVel lanes and act ~ a pi.lot vehicle sl~ 'the 'traffic, thereby providin9 a gat :in traffic allowing the Ccntractor to pedOIlll the lobrk. 1vty ranps be~ the pace m1d the jcb site shall be blecked durih9 pacing of traffic, with Ii flagger properly dressed and equipPed with a stq>/SlOli padQle. Eacl1 ratlp shCclo. be q:ened after the pollee vehicle haS passed. pilot vehicles are to travel at a ~ speed of not less than 20 nph interstate and 1.0 nph ncn-!nterstate. "Ihe eont:ract.ar shall. provide a vehicle to prcx;eed in front of the police vehicle and behind the c;rt:her traffic in order U infODn the contractar' s WOJ:k :force ~ _all vehicles have c:lear~ the e.rea. -4- TC-~ ; . I I I , I I I I I I I I I I I I I I I,' I, 'l:raffic: will not be perudtted to ~ during pacing ~~L in e)(treJDe c:ases as approved by ~ ~. 2_ ~S OF SIGNIN; FOR 'l:MFFIC pJtcIN:;: ' At a point net less than 1,000 feet iIi' advanc:e of the begi.nnin9 point of the pace, the Contractor shall erect and cover e. W topecial ~i~ (72 inch x 72 ;inc:h) with a Type "B" ~ashinq light, with the l~d "'Iraffic Slo.oed Ahead Short Delay" (see Detail J.SC>-A). vanable nessage sign may be used in lieu of W specia.1 sign. en divided highwayS 'this sign shall be cbuble indicated. A Wl:)rKer with a ~ radio shall be posted at the sign" and upon notice that the traffic is to be paced shall turn at tl1e fleLShing light and reveal the sign. H'len traffic is net bein<J paced, the flashing light shall be turned off and the sign masked or ;reaoved. w-special , signs are reflectcri%ed orange ~ black. series "e" letters and border of the size specified. D_ On tn.1ltilane highwayS ..mere ttaffie haS been shifted to the inside lanes for ovemight use, the entrance" aM exist ranps shall have channelization devices with steady bum lights placed CI'l both sides of the rBn9. 'Ihe t.e:lT"'rary r~ taper length shall be greater than, or equal 'to, the existing taper length. '1'ell~ary!X1T gore signs shall be placed at the ranp divergence- Channelizaticn device spacing in the first 100 feet of the ~ 9r::\t"B shall be 25 feet- . E:. "!'he transitic:a to nm:mal or full width highway at the end of a lane closure shall be a ~m1'1m cf 150 feet.. F. 'IO prc:mde the ;reatest possible c;:ctJveni.ence to the public in accordance with SUb-sec:ticm 107.07, the eontractor shall rem:Ne all signs, lane closure markings, and Qevic:es ilrmadiately ~ lane closure ~k is CCXIPleted or 1:.esIporarily suspended for any length of tiJDet or as directed by the Enqineer. G. '!be Contractor's troc:kS and other vehicles shall travel in the direction of noonal roaaw.,y traffic unless separated by a positive barrier. or \olhen construction. act.ivity hecessitates ot.herWi.se. and shall not. ~everse direeti.a1 ~~t. at ;intersections, interchanges, or 8PPl:oved tenpOrary crossings. '. H_ '!he Contractor shall ensure that dust. rrud, and other debris fr1:m his ~tia1 cb not inteden wiUl I}IX1Dal traffic c:per~tions, or adjacent prcpert.ies_ I. E:ld..st.in9 street lighting stW.l remain l.i9hted as lcng as pract.ic::al and until rerroval is approved by the !)lqini!er. J. 1>.dequate ~ary lighting shall '~ provideO at all nightWze ~k .sites 1Nher~ ~kers 1fdU be imrediatcl.y adjacent to tr:affic. It. For their CMn protectiCXl. lrOrkers in br adjacent 1:0 traffic Qgring nighttim! c:peratia'l shall ~ reflectori.%ed vests. L. '1ha parking of ContractOr's and/or loOrkers personal vehicles wit:h1n the \lOrk area or adjacent to traffic is prohibiteCl. -5" TC-7 I I I I I I I I I I I I I I , I I I' I' , I ~ ~ -rr ~ 1.SCKT ~ ~ SlOt "',. ' _ .. ~ ~. 1 c,-l '/ esifRAFFIC ~Wl-.~ 10.1: 51- \10- Ii 71" SLO WED ~S~.~ -~-1 (2- -t-I$-.:a ." ~HEAD ~_.~ . . SHOR]..12ELAY ~-~ ~'J. -i~'- '12-= ~ '. t'rCIr.,.'OIT \ . Y1-sno,:.L. $Icn \1"0.' l<l:Ival'" . SiaN $H_u. IU.V[ ILl~ \.RENI) 1111) ~ 0:.. D;:l~r;:;E ~~[OORlltl) Jl,ltxaRQJ:ll). 1- r.m:z;tJl I 1/2.- oc=z:R ~.. w.glUS 1~1 oa' . .:. fIGURE 1S0-A -6- ie-a I I I , i I I I I I I I I I I I I I I I I ~ M. "11'Je \olOrksite traffic ~Jl.Lol supervisor shall monitOr the wxk 't.O ensure that all the ro;:ks, .lx:ulders, CClnS't:hJetion debris, stc:x:Jq'liled materials, equiprent, ~ls and other potential hazards are kept clear of the 'b:avelway. ~ iterDs shall be stored in. a location, in so far as pnc:tical, 1Iibere -they will not be subject to a, vehicle nmning cff the read and striking them. ~ 150 .03 SIQiS: A. R1ere required for ~ traffic c::ont1'Ol dm:inq c:c.nstructicn of the project, all existing guide, warning, mlCl requlatoI}' signs shall be tnaintained by the Contractor in accordance \lith these Specifications. ~ street mane signs sha1l.~ ~ at street intersections. All exi..sti.ng illtmdnated signs shall remain lighteo ~d be ma:intained by the Contrac:tar_ B. ~ not :in use, all ~opriate 1raffie signs or partialS thereof shall be rem:;:m!d, placed or covered l;o lIS net to be visible to t:nffic. c. "lheContract.cr shall not ren:ove any existing signs and ~ts without approval of the Engineer. All existing signs and. supports ~ are to be renoved shall be stared an~ protected as di.reCted by the Engineer, and becare the property bf the nepart:ttent unless otherwise specified in the ccntraet ci:x:urrentk. o. Terrporary guide, warning, or regulatarr signs required to airect:. traffic shall be furnished, installed, reused and maintained by the Contrac:tcr in accordance with the MI1'lO:), 'the Plans, Special Provi,sialS, or as directed by the Engineer. '1hese si<;ru' shall remain the prcpart.y of the Ccntractor. '!be botton of all t~,..e.r:y signs shall be at least 7 feet above 'the level. of pavement ed3e. E_ Erlsting special guide signs at the project shall, be ma:intained until ccndl. ticns require a change in lccatic:l'1 or legenc~, content. When change is required, existing signs shall ~ lICdified and continued in use if the required nodification can be aade within exi.sting sign borders using design requirenents (legend, letter size, spacinq, l::ord2r, 'etc_) equal to that of ~ exi.st.in; signs, or of SUb-Sec:tian 150.03 .E_ 5., Differing legend designs lJ'Jay net be mixed in the sane signA 1. Special guide signs are those dpressway or freeway guide signs that are deSigned with a rressege content (legend) that applies to a particular roadway loomcn. ~ m1 existing special guide sign is in conflict with w:lrk to be perfoored, the Contractor shall rencve the c:onfllc:titJg sign, and reset it .in a new, ~-confllc:ting lcx:atial web bas been approved l:Jy the D1gineer . 2. ~ SPEX:IM.. GUIDE SIQG: lben it is not possible to utilize existing signs, either in place or reloeated, 'the Contractor shall fur;nish, erect, maintain, ncdi.fy, relcx::ate, and renove new teaporaI;y speeial guide signs in accordance with the Plans or as directed. by the Engineer ~ -7- TC-f ~ I I I I I I I I I I I I I I I I I I I I' 3: All ~ overhead special guide sign str\)CtUreS shall be lighted as SCXD as erec;:ted and shall remain lighted. during the bollrs of darkness, until the tesrporary sign is no lalger' ~. ~ 0;Jntrac:t0r. shall notify the Pcf,.Er (:aIpClIly at le.,st thirty (3D) days prior to desiring camec:ticn ~ the ;ower soorc:e. 4.' 'lhe .inst:aliatian ofinew permanerm ~;Al ,guide signs and the pumanent Jrodi ficaticn or resetti.ng of existing special guide signs, 1Iohm ineluded i.n "the c=cntr8C%, Shall be eccc:xrpli.sheQ as SCXln as practical to zni.nim,Ue the us. of terporary special guide signs. ' All new pennanent overhead special guitle signs shall be ,lighted as soon as ~ecteCl. 5_ 'l't::I~ary specie!' guide signs 'that JnaY be required in addi. lion to. or b, repl acesrent far. e:x.lsting expressway end freewISY (interstate) signs trUSt be designed ind fabric:ated in c;:arpllance with the mi.ninum requi.remmt:s. for gui8e signing contained in part 2E "Guide Signs Expressways" and Part 2F "Guide Signs Freeways. of the Ml1ICD, except thi5t the mi.n.i.!IUb size of all letterS and nurrerals in the names of places, str~ and highways CXl all signs shal.l be 16 incheS Series"'E" ini'tial upper-case ana 12 inches lower-case- All interstate shields on these signs shall be 48 inches 8nd 60 inclles far ~ and th,ree-nurreral ~" ' respeetively. AdQiticnally, the exit. road mvo2 or route shield shall be placed a1 'the exit gore sign. F. Posts far all terrporary (guide, wamirlg, regulatory or 'special guitk!) sign installations shall be $0 con,!JtrueteQ to yield ~ iDpact to mf.nimi,.ze ha%aras 1:0 lIQ'taristS or be ~ by t~~ary traffic barrier or inpaet at:tenUatOr. G. All existing, t.enporcn"Y r lIi1d new peananent signs shall be installed so as to be caq?letely visible far an advance clistm"JQe of at least 500 feet. LimbS, brush, ccns1;.%:UCt.ion equiprent and ~a1s shall be kept clear of the driver's line cf sight U> the signs- B. 1J.l con.struetion waming signs shali have two 18 :inch x 18 inch fluorescent red-orange or orange-red warning fl..8gs nounted en each ~ disp1ayea during daylight hours lIIld a sintale direction Type "A" yellCM flashing light lolhen displayed at niQht,. including tile project construction signs (G2o-1 and G2G-2). Warning signs shall be placed ahead of constrocticn in aceordMc:e with Part VI of the K1lO). All c:an.stXUCtion warninq signs en d.i. vided highways shall be Cblble indicated (i.e., en the left and right sit1eS of the roadway)- I- '%he sequential or flashing arrow panels shbll be placed ca the shOUlder at or near the point \olhere the lane closing transition begins. ~ panels shall be nounted on a vehicl*, trailer, or other suitable support_ vehicle zrounted panels shall t:e prC'Jided with ::es=te contrels. MiniJtum nounting height shall be 7 feet a1:lc:M! the :roaClway to the l:ottaD of the panel, except CD vehicle JI'O,Jtlted panels which shalla be as high as practical. J. '!be port:.able variable rressage sillJn, when specified, shall be placed ahead of eonsttUCtioo ectivities ~d will neet the requiIementS of Section 632_ -8- TC-/o v VI .L, I utJ I. I; I I I I I I I 'I I I I I I I I I I J. ~ . .... . ...u.. -...,. - - - - - - - lC- . "!'he. :fi~T1g beaccn. asserDly. when cpecllicd. is used in . . &:a"lJunct:La1 WJ..th const:J:l)Ct.1.ca wa.rning signs, xegul~tory. or gui&! si,gtlS to iPfcrlJl trwic of sp€'Ci;tJ road conditions which .require additional driver attenticn and :c:auticn. ~ flashing t:ea~ assembly shall be installed in a::ooraance With the ~ of ,Section 647. 150.04 PAVEMENl' :tmmalGS . A. GenerallY, full p<<tt.ern pa~,t uarldngs in accordanCe with SectiCXl 652 and in c::onfcmnance with Sectiana 1A end 3B of the M:m:D are required 01, all courses before the ~oadway is qened to traffic. Duri.ng con$t:nx:ti.cn and DBin~ activities d1 all highways ,c:p:m to traffic, both existing uerkings and znarkingS aspplied under this Sectim shall. be fully maintai.ned until Final~. If t:he p.:nh:ib~lt narkings are. or becatl9, unsatisf~ ih the judgement of 'the Engineer due to ~. weathering. or canstruetiC'%1 activities, they shall be restored imnediately- 'Cb resurfacing projects pav~.ent 1narldnqs shall be provided 00 all surf~ that are plC!l::ed aver exi.stin9 markings. en widening, r~c:n, and new r;:onst.r:UCtio projectS. pavesrent lnUkin9s will tle as ~ by the Flans or t:he Engineer - ' B_ MAn:RIALS: All traffic striping appliea under this Section shall be a mi..niJnum four inches in width Md shall canfoon to the rec:JUi.rements of Section 652, except as JIDClified herein. Raised pavenent marlcers shall ueet the requi.rerrents of Seetion 654. Markings (Xl the final surface c;c;n.n:se lolhich n:ust be rencved shall be a rarcwable type.' 1he COntractor will be ~tted to use paint, 'theJ:nCplastic, or tape al pavetrent \oIhich is 1:.0 be cr.rerlaid as part of the project, unless ot.herwiSe directed l:Jy the Engineer. Partial (skip) refleetcrlzatic:n (Le_, reflectOri%ing only a partial of Zl S'ttipe) will not be all~. c., uSAGE: "!he COntract..cr shall sequence his work in such Zl manner as to allow the installation of par)dngs ill 'the final' lane configuraticn at the earliest possible stage. ' In~ate or. ccnflicting existing ,pavenent markings sMll be renoved. Except for final surface, markin9* al asphaltic concrete may be cbli terated by an overlay course, \ofhen approVed by the Engineer. ~en an asphaltic conc;rete overlay is placed for the sole purpose of el.iJninAting' conflicting markings and the in place asphaltic concrete section wil.l alloW, said overlllY' will, be ellqible for pa~ cnly if Qesignated in the plans- Overlays to c::bli~at:e lineS will be paid for only alee and further traffic shifts iJl the same area will be accCItPlished with rencVable markings. Wy the rni.niroLJm asphaltic conc:rete thickneSS required to COYer lines (~ally 60 lbs./sq. yd. Asphaltic concrete "H") will be all~d. EXcessive builClup will ngt be pennitted. ~ ml overlay fOI: the sole purpose of eliJni,nating ecnf1ic:tin9 JMrkings is rot. illoed, the mttkings no longer applieab1e shall be renoved :in 'accordance wi~ SUb-Sectian 656.02. ~ eli.minatien of conflicting pavem!nt markin~ by gverpainting with paint or liquid asphalt is not acceptable. For highways cpe.n to traffic, nerJdng renoval equi.prent shall be present en the project for use imtediate1y before any change in traffic -9- TC-// I I 1 I I 1 1 1 I 1 I I I 1 1 1 I I, I lane(s) aUgrment.' ~ shifting of' traffic necessitlJte5 rem:nal of cente.rlines, lane lines, or edge lines. all. Auch J.jnes shall be rern::;JVed prior to, during. or :i.1mediate1y after eny change SO as to present. 'the least i.nterference with, traffic. If JParking .I;r;ol...val equiprent. failures occur, 'the equip,ent shall be repeJ..r'e4 or ~leced (including leasing equiplent. if ~'c:c:ary), so 'that the retcval ~. be ~lished wi:tho1t Qelay. 1- RaiSed paverent. drkers (RPMs) are requi2:ed as follc:MS: 1. On InterState and InterState type ltighwaYS 1ll1det calStrUCtion, excluding projects ccnsi..stin9 priTnarily of asphalt resurfacing itaDS, retro-re.f1ective raised, ~t markerS (RPMS) shall be placed and/or Jnai,ntained m inteotediat.e pavement surfaces qeneo to traffie as follOWS: 8. ~ LANE 1.mF.S: 80 foat centerS. at skip 1inds with curw~ less than three degrees- 40 foot centers on solid tines and all l.ineS with c:urvature beb.'een ~ee degrees' and six Qe9rees. 20 foot centerS a1 t:Ul"'1eS ovdr six degreeS. 20 foot centerS en lane ~itions or shifts. b. ~ MMP GEE LINE$::20 flX't eenterS, ~ each, ~aced side ~ side'. e. amER LINES: As shoWn on the plans or ~ by the E:ngineer. 2. Cl'1 ether highways under const.ru:t:.ion RPM5 shall be used and/or naintained en inte.orediat.e pavement surfaces as follOWS: . " a. SOP~~ LANE LINES 1\Nd SOLID LINESl -40 foot. centerS ~ tI\ lAne shifts. ('\bm requixed in the Plans or prqosals.) 20 fCX1t centers en lane shiits. (Req1.1ired.in Bll cases.) b. StJEl~ oomu: sa.ID tINES: 40 foot centerS (c:ne each besioo each line) except en lane shifts. (\tben requirea in tile Plans or prCJi?OS" c:. ) 20 foot center$ a1 lane shiftS. (ttequired in ell cases.) RPMs are not allowed on ri9ht ec13e lineS. - -10" TC-IZ I I I I I :1 I I :1 I I I I I I I I I 'I I ' . o. ~ICNS FCR SRCro'-~~: Sate exeepti.ons', to the ti%re of placement. and pattern cf 1Ilarkings are pennitted as noted be.l.ow, hoIoIever.:full pattern paveuent mark:ings ~ required for the c:a'lpletec1 project. 1. !lR)-~, -.rw::>-WAY ~ a. SKIP LINES: All shcrt-t:eIm skip (broken) stripe shall confOIm t:c Seet:ian 652 ~L thlt .stripes shall .be at least fcm" feet long with IS J:I:laXi.rlu'D 'JBp of 36 f'eet.. On curves greater 'than six d9grees, a t\<<P-foot stripe with a maximn 9C!F of 18 feet shall be used. III lane shift areas skip lines will not be all(M!d.' Solia lines will be required. Short t.enn'skip lines will be pemi.tteS for a period not to exceed 14 calent3ar days. Short-teDn ~ lines must be repl~ wi..th markings in full cc:np~ with Section 652 prior to ECCpi%:aticn of ~ 14 calendar da}' period. Tenporary raised ~t markert may be substituted for the short t:eIIn skip (broken) stripes. 'If raised pavenent markers are Substituted for the four fOOt. short tem skip stripe, five markers spaced at one foot interJals will be required. No separate payment will be made if the t.enporary raised paverDS!nt markers are substituted far short teJ;:m skip lines- Tenporary raised pavenent markers shall be retro-reflective, shall be the sane color ZIS the pavenent markers for which they are substituted, and shall be visible during da:ytine- -.Ihe ~ of tenporary rrarker ana JIQthod of attadment to the paveIIIi!nt: DDSt be 8t'Fgyed by 'the Office of Materials and Research but in no case will 'the markers be attached by tb! use of nails. "!be t.enporary raised pavemmt markers JlllSt be maintained until the full pavesrent markings are applied. At the tine full pa"dl,;ut. markings are Applied 'the' tenporary raised Jnarkers shall be 1;eaoved .in a Jtanner that will not interfere with application of the full piIVeDeI1t markings. b. HJ PASS1N3 BARRIER: Full ho-passin9 zone markings shall be marked &.uy and ccnfotm to Section 652 and in accorr3anc:e with Sections 3A ana 3B of the Mt1lt]). ~, On 1:W:)-lime, ~ road\o1ays fC% periods not to exceed three calen&r days where skip centerlines are .in place, no-passing :z.cnes JDay be identified by using ~ or portable ucunteO "00 WI' PASS" regulatory signs (R4-1 24" x 30") at the be9f.nni.nq and at 1nt.erJals net to' exceed l~' mile within each no-passin9 zone, wi. th a post or portable m:>mlted "PASS wrm CARE" regulatory sign (R4-2 24. * 30") at the end of each no--passing %a'1e. Post uc:unted signs shall be placed .in accorc3anl::e with the K1ICD. Portable signs nust have a minim:m vertical height of three feet above the pavenent surface to the lxJttan of the tign and ):le secured in such a manner as to not be easily blo\m ewer or misaligned. -11'" Tt'-/3 I I I I I I I I I I I I I I I I I I I 2. MULTI -lANE: mGEWAYS 8. canterlines and No-Passi.ng ~ier - Full pattem centerli.r1es and no-passinq baI:riem shall be restored before nightfall. b. Lanelines - Short-term skip (broken) stri{:e as Oescri.bed in Sub-Secticn 150.04.D.l.a. may l:le used for periods net to exceed three c:alendar days. c. Edgelines - !:dgj:ll'iNaI::. shall be pleced Ql inte:J:mediate mld :final Slrlaces within three ealendbr aays of' cbliteratiCl1. d. Misee11aneoos pawnent Markirtgs - Sam as SUb-5ecticn 150.04.0.l.d. 3. LIMrl'EO ~~~ ~ AND ~S wrm PAVED SBC'J(][J)ERS GRFAn::R mAN FOOR FED' a. Same as SUb-Sectim 150.04.0.2. b. Edgeli.nes - Edge1ines shall be placed en inteDl)ediate and :final surfaces prior to c:pening to u-itffj.e. E. APPLICATICN OF 'lRAFFIC SIRIPES: 1he Con1:ractcr shall fu:mish ~ayout, clean as necessary, Md pre1ine thE! surface for the plac.'CI'~lt of pavement markin99 applied unc3er this Section. All existing JOarld.nq tape en final surfaces shall be r~ prior to plac:enent of final markings. EXisting No-Passing ZoneS JrUSt be clearll' c3e.signatea es to loeatiaa prior to consuu::ticn in order that theY may be reestablished far PJarJd..ng pw:poses. 0'1 projects where either horizontal or vertical alignrrents have been m::XU.fied, the loeat:ial of No-Passing Zones will be identified by the Engineer. -12- TC-/~ I I :1 ,I :1 ,I :1 I I I I I I I I I I I I I J.50_05 3. 'n1e vehicle' putting art. , the c:tneS shall follo<< directly behind the stripe applying vehicle 1mc1 shall have an approved sequential or fl ashing arrow panel. In addi t.ion, :far m.1l tilane highways, the vehicle shall also dispiay a prcrn.inent 'sign with the legend '"PASS 00 u:n' (lUGEr)... 4.. All vehicles shall be equipped with the offj,cial slew moving vehicle syd:x:ll sign. ~ IlE\1ICES A. For tl1is Section, the t:eDn barricade shall be dearea to !lean a Type I or Type II barricade or vertical panel that has a mi.nim.1m of 270 square inc:hes of reflective area facing traffic: or striped Clr1.mI as specified by the MLm:D. Except as noted in the contract dc:c\ments, the Contractor has the q;rt:i.cn to selad;. the t;ype ba1:ricacle used provided 'that. .barricades of 'the smre type are used within eac:h individual line of ehanneli%aticn. ~ arums will not be allOoled as channe.l.izat.i devic:::e.s. Channelization devices with plac:en-en.t ~ specified in SUb-Sections 150.05 and 150.06 or plans, or precast c~ barrier, if specif5-ed, shall &1ineate the full length of a lane closure, shift, cr enc:roachn'ent.. Ban:'icades are required fer nighttiJre lane closures" shifts, or eneroachmants and shall have steady burning lights. ~ conditions warnnt and the Contractor e:hoo9es to cease barricade lighting, it is \JI'la.Cl;eptable to allow any barricades within a line of delineatic:n to ra:oain lighted. For longitudinal chanrielizatial CDly, fluorescent arange traffic: cones (28 iJlcbes Jnin.imD height) will ):)a a11~ :for daylight. closures or shiftS. Sowever barriceQss, as specified, wi.l.l be required for all. tapers. ~ the appropriate signs are posted advising ctt conditions such as soft or low shoulders. clw1nelization &vices may be renoved after shoulders are to typical sectica ano g-rassed and ~ter guardrail e2r ether safety devices have been installed. B. O1annelization devices shall be spaced as listed belCM for various roadsidl! ~k conditions or as ~i fied by SUb-Secticn 150.06. Sp8t:ing shall be used for situatioos peeting any of the cond.iticns listed es follows: 1. SO FOOl' SP}lClN; MA>mlM: ReqUiIes steady burn lights if conditions exist overnight. -13- TC-IS '. I I I I I I I I I I I I I I I I I I I . a. For differenee in elevatia\ e:>et::eedin9 bIo inches. b. For healed sections no st~r than ":1 as ~ in SUb-Secti.on 150.06, Figure J.SG-C. J 2. 100 RXn" SPACm; MAXnD1: ~ steady burn lights if . c:ondititnS edSt cvemight. a. Far ClUference in e.1evat.:ia1 cJ tw:) ;inches or less. b. Flush.' areas 1loilere equipJent or workers are within ten feet of 'the t:nWllml8. 3. 200 FCX1r spAC:]N;~: l'4ler. equipnent or ~kers are 1bX8 than 10 :feet f:ran travel lane. iat8ral offset clearance to be :four feet :frail 'the travel lane and bs not reqW.re steacl,y buDl lights . a. For paved areas eight feet or greater in width that are paved flush wit:h a standard width travel lane. b. For disturbed shoulder area* J~eatpleted to typical sectia1 that are flush U) the traVel lane and considered a usable shoul Oe.r . 4 . ~ITIOO ~ AND ~ QDStl1lFS: '!be miniJm,2m length of the C5pproac:h transition taper far a lane closure, shift, or eric:roacment for highways with ~ speed of 45 uph or greater shall be equal to' the l8ne width of lateral shift. (Ft) x the posted speed l.imi.t (Mph), (L = WS), ~ not less than 150 feet. For nultiple lane closures, only cne lime may be closed. per ~ with a m:inimum tangent length of 2L bebIeen tapers. '!be length of a closed lane, excluding the transitic.t1 taper, will be limited to ~ miles, unless otherWise apprcvea ex directed by the ~gineer. Barricades shall be placeCl the full 1ebgt:h of the taper spoeed at. naxiJmJrn interVals in feet equal to the numerical speed limit (EXAME'LEz. SS ~h ~ Limit = 5S feet maximum SpaCing) . Barricades with steac:ly bu:ming lights are '. requi.:reQ if the condi tial exists into the night. ' For ~ lengths en mban, residenti.iSl or other streets where the posted speed is 40 nph or less, the mi.h.iztuh length of 'the app~ transitia'l taper may be corputed using the fcmrula L - WS /60. Greater taper length shall be used ~ recjl1ired for indiv:i.aual situatials . s. PRECAST ~ BA.~: \>ban precast conc:rete barrier is used, steady burning lights at So-f~ spacing shall be placed en top of the baxrier when the ):)an'ier ill located eight feet or less fran a travel lane. loh!n precast coIlcrete barrier is used in a Jredian or other area \Which is inar"'-s.ible for m!linte.mmce withc:ut int.erference to traffic flCllol, 12- x 36" \rertical panels JNrj be used in lieu of steady burning ligh~. ~en the barrier wall is located fran eic;ht to 20 feet fran the travel lane, 12" x 36- vertical panels shall be placed at SO"'foot rraximJm intervals.. -14" TC-/t, I I I ,I I I :1 I I I I I I I I I I I I J Approach end of prec:ast ccnc:rete bartier shall be flBred or prcteet.ed by 110 .:1lrpact. at:tenuator (t:ra.sh cushion) or ether ~oved t:reatm:mt..in 8ccorclance with cia. Std. 4960, ecnst.ruct..ia' Details and ~aard Speci:ficaticns. On interstate or ether s:ontrolleo ~s highways where bne shi.fts or crossovers cause qposing d'affic: to be separated by less' than 40 ft. r precast. c;:oncrete battier shall be used as a separator . 1.50.06 , DCCAVATIQl1ln11O'm' '10 A'mAVEL LANE:: ~ ~k involv:in9 trenchinq adjacent ,to a travel way shall not begin until the Ccntractar ' is able to continuously place 'the required typical sectioo to within tlolO inches of the e:x:i.st.ing ~wment elevatitm, or heal the renaining Cliffe.renee in elevation :to the travaJ.ed way As ~ in Deta.i1 150-C. O1annelizatic;n devices and pl~t auring 'the canst.ruOtioo period shall canfoon to the requirenettS of Sub-Section 150.05 and Details lSO-B, lSD-C, ri 150-0 s~ herein. In addition to the signs specified in seet.i~ 150 and the !1I1ICD, a &-20 sigh with the le<3fmd "(LEF"l") (1UGBI') LANE ~. with two flags shall be kept just off 'the paving edge and 500 ft. upstream of "the point \olhere channeli2:atioo'devices are erecteCl a'1 the paving edcJa. A. S'I'CNE BA2S, OO]L ~ BASES, AND s::>IL BASES: ~c:p-offs in elevation of )lOre than two inches be~ surf aces carrying r or adjacent ~, traffic will not be allcwec.\ far ~e than 24 lx::NrS. ~, ~ the Cartractcr has dem::tlstrat.ed the ebUity 1:0 continuously exeavate mlc3 backfill in a ptoficient manner, a single length of excavated area not to exceed 1000 ft. may be left q?en as a start up area far periods not to exceed 48 ID1rs. B. ASPHALT BASFS,IBINOERS: Drcp--affs in *levat1oo of JrDre than 1;W:) ineheS bebieen surfaces ca.ttying, or adja.cdnt 1:0 traffic wi.ll not be allawed for ~ than 48 hours. c. PC'IRT.I>>m CEMENT ~ AND e>>bn' srABILIzm BASES:' Cons'trUCtion ~k adj acent to the travelect way which invcl ves 'these types of bases will not be healec1 provi~ the Contractcr pursues plac:ing the pavement as SCXD as the c:urlng period is catp1et::ed. During the placeuent ~icd~ traffic: ccotrol devic:es will be jn acc:orClanc:e wi t.h SUb-Secticn 150. os and Oeeail ISO-B. o. MI~ EXCAVATICNS CR IlRC.IP-OFF'S ~ 1'0 'mAVELWAYs Work such as drainage structUres, utility fAcilities, or any other wxk \w'hich results in a drcp-off aojacent 1;4> the trave.lway shall be perfoored expeditiously so as to minimize the exposure to the hazard. As soon as practical, the e:lCCa'VCltion shall be backfilled to the mi.niJm.ID requi.rerrents of Detail 150<. In no case will the drcp-off be all~ to exist tn::)re than five calendar days. 'lhi.s may require stage conatnlcUc;n, such as plating and backfil1..ibg the incooplete ~. -15- TC-/7' I .1. :1 ;1 ! 11 i ;1 ;1 I ;1 :1 'I ,I 1 I :1 1 I 'I I . LDcltion of barricade while dra~.off exceeds 4 inches nOTE: Vertical Panels 8 reau;redfor th1$ location. spaced at 50 ft. intervals. ---------1 ----------1 .~ NEll COrrSTRUCTlotl . .1. 't'RA VEL LANE ;,-.- DROP-OFF GREATER THAN 4.1NCHES FIGURE 150-8 -16- TC-/B I I I I I I I I . I I I I I I i I I I I I I I I Compacted v~aded Iggregate, subbase ~terill or dirt. 8 Loca~iDn of barricade 1~ed1ate'Y after co*pletion of healed section. spaced at 50 ft. intervals. HO ~R .TH~~.'..L,,""'::'1"'::': . - - - - - - ....:.- --\, --------:---~-1 HEW COHSTRUmON , --1 . I. T1tA VEL tAN[ . ~ HEALED SECTl ON FIGURE 150-C Location of barricade while' drop-off is 4 inches or less spaced at 50 ft. intervals. 8 flEW CONSTRUCTIon NOTE: After paving 'to within 2 inches of the travel lane elevation. move - barric'des to a point 4 feetfrcm,the' edge of the travel ~y. Steady burn 1 tght$ NY be removed and spadng increasea to 100 ft. intervals. ---_....._-~ -- ~ -----------={' . TRAviL LANE I ' DROP-OFF OF 4 INCHES O~ LESS FI G1JRE 150-D -17. TC-/t; 'I ;1: :1 I :1 I I I i I I i , I I I 1 1 I , I I I I 150.01 ~ ~ PIID1' CARS: A. na~ shall. be provided ClS reqdired to ~d.le traffic, as specified in 1:he Plw or ~ht, PrcNi.sicas, and os required by the Engj~. I I B. All f1eggers shall sreet the rec;uirE!ll'lent of Part 6F of tile MI1IQ) Bnd DUSt hzlve received t::raining ~ a csrtificate upon carpletial of the training :frgn a ~ approved training program. Failure to previae certified floggers as required al!love shall be xeasCl'l far the Engineer suspena.in9 ~k involving the .fl~(s) antil 'the Ccntractar proviae.s the certified flagger (Ii) · ' c. Flegger5 shall ~ IS fl~~~.t . orange cap or hat, and a fluorescent orange vest. shirt. at" j~. and shall use a S'tq)/Slo.r paddle ~ the z:equiremmts of Seet.icn. 6F-2 of the MtJ'1'C) for cantrl:lJ.~.in9 traffic. ~ Stop/Slo" paddl. shall have a shaft length of six (6) feet mi.nim!Jm. In addition 'to t1* stcF/S1ow paddle, &'l flDsger may use a 24 inch square red/orange fla; as an e.dditional device to attract attention. Fer night lr.1Ork, the \rest. shall have renectarized stripes on front and blsek. D. Pilot 'Vehicles shall be provided it ~ied in the p~zsns ar SpeCi.ficat.ions and Jreet 'the requirezzentS bf part. 6f'-9 of the MUTC>. E. Signs far flagger traffic c:ontrcl sba.U be pl~ in advanee" ~ the flas;qing crperwm in accordance with the MC'lOl. In 8dditicn 1:0 ~ signs requirea by the KmJ). .signs at reqular intervals, warning of the presence of the flagger shall be placed beycnd the point. where 'trUfic Clm reasonably be ~d to stq) unaer the uost severe conditions far that day's work. 150.08 ~: 'n1e safe passage of 'U"dfic 'through anct around the work 2a}e, \llhlle minimizi.n9 confusion WId .c3.isrupti.an 1:.0. traff..ic flow, shall haVe priority over all other COntraetor ecti\Pities. continuec1 failure af the CCntractor to eot;>ly with the' requi.rl!l'lents of Seet.ial 150" (-TRAFFIC o:NmCL) will result in ngn-refundable e5eductions of zrcn.ies frcm' the Contra::t as s~ in this SUb-~r:n fot non~QDIlaflQe of Work. Failure of the Contrac:tar to c::rtply ,with this Specification shall be reasa1' for the !:n9ineer suspend.i.ng ill ather wadt al the Project. except erosion control and traffic cootrQ1, teking correct! ve action as specified :in Sub-Section 105.1S, and/or withholCing paynent of m:nie5 Cue the Cont:.ractcr for any work CX1 ~ Project unt.U traffic Ca'ltrol deficiencies ere corrected. 'Jhese othet ~CXlS shall be in additicn to 'the ~cms fer ncn--perfo:ananc;:e of traffic c:antrol. ' -18- -rc-zo I .. · I' , I I I I I 'I I I I I I I I I I I I ~ c:F ~.lCJB !m E1la! CALEN:Wt f)U CE ~ a: . ~~~AND;tR~ am;nw, mrAL amwcr >>JXN1' I'raD H:2re 'JhzIn '-b and Xnelddif.tq : Daily 01arge $ 0 100,000 1,000,000 5,000,000 20,000,000 40,000,000 . $ 100,000 1,000,000 5,000,000 20,000,000 40,000,000 $ 100 250 500 750 1,000 1,500 150.09 HF'J\.SOREHENl': -rc-?/ -19- I~ I: I ~I :1 I I 'I I 'I :1 'I ,I 'I :1 ,I I , I I 3. M:xU.fy special guide signs, grounl!l ncunt or overhead, ,will be treaSUred for ~yment by the.square f~. ~ area ueasured for paynent. shall incluc1a cn1y ~t Ftion of the sign JIOiified. payn-ent. shall include materials, rB"I'dViU fran posts or suppxtS when necessary,. and renamting as required. c. PREi:Asr MEDIAN JWmIER: ~ Precast mdUm Barrier will be ueasured as sr-; i=ied in Secti.cm 622. D. VARlM3LE MESSAGE SIGN, PORTABL.E: variable MeS~9. Sign, Portable will be neasureCI as specified in SeCticn 632. E. ~ GOARDRAIL m::ac&WiE, ~ 91 Tenporaxy Guardrail AD:horage, Type 9 will be 1I8asured as specified in ser::tial 641. F. 'rnA:r"IC SIGNAL mSTAUATIOO -~; Trdfic signal Installatia'l - ~ary will be masured ~ specified in Section 647. G. ~ Bl!"ACCN ASSEMSLY: Flashing BeaCOn Assmblies vill be neasured as specified in Secticn 641. B. ~, S1\ND U)ADED ~ KDtILEs.: 'l'eopora:ry Sand Loaded Attenutor ~es wiJ.l !:le ueasured as specified in ~cn 1.50. :I. PAVEMENI' MARKDGS: PISV!lilSlcut. marld.ngs will be ueasured as specified in Section 150. 150.10 p~ ~n shl=Mn in the SChedule of Items :in tile pt~, the follcM.ng iurES will be paid for ~y. Item No. 150. Traffic ~......................................Lump SUm Item No. )50. Traffic Control, SoliQ ~fic stripe ti1ch. (COlor) . . . . .. . _ _ _ . . . _ _ _. . . . _ . _ . . . _ _ . . . ,. e._ _ . .. _ _ . . . . . . ~ Linear Hi.le Item No. 150. Traffic Control, Skip ':traffic ttrlpe Inch, (Color) ..............................................per Linear ~e :Item No. J.50. "lraffic Control, Soli.Q Traffic stripe, ~lastic I..nCtl, (Color).. .... ..__..'.. ._.................per I.inear ~e Item No. 150. Tra:ffic Control, Skip 'Iraffic stripe, 'lb8DrCplastic InCh, (COlor).................................per L1near ~ Item No. lSO., 'l'raffi.c eontrol, pavenent Markings, Words and ~ls........................~...........~..~'Sguare root Item No. 150. 'Iraffic ~, paveaent A:r1:Of/ with bieM. ~fl~~...........................................per EaCh Iten No. !So. Traffic Control, Raised pavenent Markers-All Types...per Each -20" TC-ZZ :I~ J I · I. 'I ;1 ,I I ,I I 1 :1 I I ,I , 'I I I ,I :1 I R1en required for traffic control the .fcllGdrlg item!J shall be paid for separately under their respeet:.i va pay item. lter!I No. 150. '1'etp Gramd M::Junted SpeCial Guide Signs........ per Square Foot Item No. 150. TenD OVerhead Special Guide Signs.............per SqUare Foot . . . .Item No. 150. Re!rDve 5 :Reset Erlsting S[-"'.; a1 duiaa Signs. ~d~, Ccmplete in Plaee......................per EaCh Item No. 150. ,Ratcve & Reset Existing Special <JuicE Signs, 0\1erhead, Ca'rplete iJ1 Place....,................... .'....per '!:ac:h Item No. 150. Traffic Control, Terporary Sand Loaded Attenuator ~es..___.._....._......___..A._.._-._._..........per ~ Item No. 150. 'lraffic Control, paverrent Harker~, W::n:'ds and Syni::)ols. n . . .. .. ......_......_..............a...............~.per ~e Foot Item No. 150. Traffic Control, Pavement Ahow(painted} With Raised. Refl~....~......................................per Each 'traffic Signal Installation, ~...o...o.,............o..L\Ep SUm Item No. 647. Flashing Beacon Assembly, St.ruetUre M::iunted..........per Each Item No. 647. Flashing seaccn Assenbly, Cable Supportedo..........o...per Each Item NO. .150. Item No. 150. Item No. 622. Item No. 632. Item No. &41. Item No. 647. M:;ldify Special Guide Sign" GrOl.1hti M:xmt....... per scju.are Foot fbdify Special Guide Sign, Qverhbd.............per Square, Foot Precast Conc:rete Median Barrier................. per Li.nBar Foot vaziable MeSsage Sign, Portableo....o.o....o.o.o.o.o.o.o.....o.o...o.per Ead1 'l'atporary Guardrai,.l Anchorage, '~ 9............... .per E2ch ..21- TC-Z-3 _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ~/a/_ L~~ ,\ l1~ 51r!, NO 1--. I Co ~ I Co ~ I - Iz "- \~ -- -- . o I 10 o ~ ~ 51 <D . ,., I Co o ~ ~ 51 <D . <D I Co !1~ 51~ NO . lD 1 10 !1~ 51~ NO . o I ;.. o III ~ ~ 51 " . o I 10 o ~ ~ '" <D . o (... f- - U- ~ i o li'I ~ L&.I 5 ~~ ~ } - * * - * *, * f~ i ~ ---tl-- I I I I I I --- -' I I I ..~ NOR1t\ BOU 0 LANES (\N~RSi A ~ 520 E\ELOW) I I CO I N I ~ i C I 0::: c:i I" '0 i i~ ( I e;,I I (;tl ffi ~_~1- ~ j i ~y ...J I I I t ~ I Z i I ! ~; I ; 6 ~ I ~ I I I I I ... sou1t\ BO~NO LANES (\N~RSi A ~ /520 BELOW) I I I I - i ~ I L ---I - - I \. * ~ ~ ~* o li'I ~ 5 ~ u ~ 1 * * * - ..J - I I \ I ] \ I I I 31 ~~w 0% t:I::J %p.; ~~ ~~ I I I I I . o I Co o ~ < 51 I" L . .. f . o I 10 o III ~ ~ 51 <D . ... .' co o III ~ ~ 51 ... . o I Co o III ~ ~ 51 ...1 . co I Co . o I ;.... o III ~ < 51 " ~ ~ < g ~ ~ % ~ ~ Vi ~ ~ L&.I ~ :< a:: o ~ ::r III ~ o al o * z < ...J D- C) Z - U < D- (/) ...J - <~ 0::: C Z < ::z: a:: o u... ..... I N UJ ". ~UJ o::! w~ Uw zo ~~~ ~o:u... ~ ~ ~ ~ o % a.. <( ~ Z o J= <( u o -' b o o N 1\ . .- ~ < U UJ en 10 f5 G) d~ ~ 0 a:~ m cD ui'~ :i CJ) I!! C) ~< w 10 ~ ~ l:3C>W~ u~ a::: Cl WI' 0 en ~~~~.o :g 't: wlO c~ ~5 ~ II. II: .. 00 -J >- W III: mU:r: m I ~~ :z: 1ii:=E ~ ti z~zu.= uLoJ ~o wcz CI)~ C:SQ: -J UJ ~ (IJ <::> ... c C 0 z~ ~ ILl o~ :2 .,!em '0 o!! (D _ II: 0(71 0:: ...~ ... --rq ~o ex: - or-- z t:I k Z 0 ~ ~- a:: o - o ,..... % 0 t;LO ~N If ,q- ---a"'T 0'1 .......... o ~~ ~ .- o .- - ~ o ~ ~ ~ ~ I I I I I I I I I I I I I I I I I ;:- I .. ~ I 1) 2) 3) 4) 5) 6) 7) GfNERAL NOTES SPECIFICATIONS - GEORGIA STANDARD SPECIFICATIONS DATED 1993 EXISTING BRIDGE PLANS - PLANS FOR EXISTING BRIDGE loA A Y BE PURCHASED BY CONTACTING THE PLANS REPROOUCTlON OFFICE AT (404) 656-5401. THE EXISTING BRIDGE WAS BUILT UNDER PROJECT: 10: NO. 245-00105X-00043W, 1-520 UNDER PASS AT GlENN HILLS DRIVE. MA TERIAL - ALL STRUCTURAL STEEL COt.tPONENTS SHALL CONFORM TO A-36. FENCE MATERIAL SHALL CONFORM TO SECTION 643. NYlON WASHERS SHALL BE AS MANUFACTURED BY COMMERCIAL PLASTICS .& SUPPLY CORPORATION OR EQUAL AND SHALL BE a.JT TO FIT. CONCRETE ANCHORS SHALL BE HIL TI HVA OR MOLLY PARA80ND OR APPROVED EQUAL CHEMICAL ADHESIVE ANCHORS. THREADED RODS FOR CONCRETE ANCHORS SHALL BE ASllA A-307. ALL STEEl COMPONENTS SHALL BE GALVANIZED IN ACCORDANCE ~TH ASlW A123 OR Al53. FIElD REPAIR OF DAMAGED GALVANIZED COATINGS SHAlL BE IN ACCORDANCE 'MTH SECTION 645. SEE ANCHOR MANUFACTURER'S RECOMt.CENDATlONS FOR INSTALLATION DETAILS. POST SPACING - EXISTING HANDRAIL POST SPACING SHALL BE FIELD VERIFIED BEFORE FABRICATION OF FENCE. CONSTRUCTION - POST SHALL BE VERTICAL RAILS SHALL CONFORM TO HORIZONTAL AND VERTICAL AUGNMENTS. PROTECTION OF TRAFFlC - IT SHALL BE THE RESPONSlBIUTY AND UABIUTY OF THE CONTRACTOR TO PRO\1DE PROTECTION TO THE ROADWAY BELOW THE BRIDGE SO THAT NO loAATERIAL ~LL FALL FROM THE BRIDGE AS A RESULT OF HIS ACTIVlTlES RELATED TO THIS PROJECT. THE COST OF THIS PROTECTION SHALL BE INCLUDED IN THE OVERALL BID SUBWITTED AND SHALL INCLUDE ALL MATERIAL AND LABOR. THE t.tA TERIALS SHALL REMAIN PROPERTY OF THE CONTRACTOR. THE EXISTING VERTICAL CLEARANCE SHALL NOT BE INFRINGED UPON. INCIDENTAL ITEMS - ALL WORK AS DESCRIBED HEREIN. INCLUDING lABOR, MATERIALS AND EQUIPt.tENT NECESSARY TO COt.tPLETE THE WORK SHALL BE INCLUDED IN THE PRICE BID FOR UN. FT. CHAIN UNK FENCE. THIS INCLUDES lHE COST OF ALL HARDWARE CONCRETE ANCHORS, ANGlES, AND ALL OTHER INCIDENTAL ITEMS NECESSARY TO COMPLETE THE WORK. ' SUUUARY OF OUANllllES 603 LF. CH. LK. FENCE, ZC. COAT, 8 FT., 9 GA. Jl\ RlQiWOND COUNTY BOARD (1f COMWISSlONERS RICHWONO COUNTY. GEORGIA GLENN HILLS BRIDGE SAFETY FeNCE PROJECT NUMBER 55-8598-095 JOIIC8ON, LA8CH08ER , A880cIA TES, P.C. 1296 BROAD STREET ~~,~~A. GEORGIA SCAlE IDATE IPRo..E:CT NO DRA'MNC NO. REV. A$NOTED jtl/20/9~42.50' 'lor:. 7: 0 \ .....aM . ,.~ [/-- . c:atalLTMnI . ~ '.V~C"'II_~' ~_1 ::: ,.,.., I .. ex> I~ 3'-0" \ \ \ EXIS TING HANDRAIL POS T .. r"') I A ff' .. .. I.f'I ~ U) I .. V ::: o I .. N TOP OF EXIS TlNG PARAPET ::: ~ I 'TOP OF EXISTING SIDEWALK .. .. o I B t L 6" X t" X Yz",J 4" LONG ----------__J______._ I I TYPICAL POST DETAILS I SCALE: r~" = 1'-0" Jl\ RIOfWOND COUNTY BOMD OF COMMISSIONERS RlOiWONO COUNTY, GEORGIA GLENN HILlS BRIDGE SAFETY FENCE PROJECT NUMBER A-ISSS-OSS JOIIIIOI, wcHolER . A880CIA TES. P.C. 1296 BROAD STRE~. '. " AUGYSTA. GEORGI'" ==-: SCALE ~TM1lI. AS NOTED OATt PRQ..ECT NO ORA_a NO. 11/20/9 42.501 ~ or: -r REV. 0. "W(:FI'_:' "-' I I I I I I I I I I I I I I I I I "- s I '" ~ I ct EXIS TlNG HANDRAIL POS T = ~ U-BOLT = ~ FENCE POST HEX NUT WIT LOCK WASHER EXISTING HANDRAIL POST 1'/.." S NY LON WASHER PIPE 2 %" 0.0. Yz" U-BOL T 6" X 2Ys" X Yz" f Yz" S PLATE WASHER .. ----..------- 0/,," SHaLE SECTION A-A SCALE: 3" = 1'-0" FLAT STEEL WASHER' , I I I I , Cl Yz II S CHEMICAL CONCRETE ANCHORS <l FENCE posr-j- '/.." X 2- STEEL STRAP EXIS T ING PARAPET SECTION B-B SCALE: 3" :: 1'-0" Jl\ RIOiWOND COUNTY BOARD OF COMM'SSlONERS RlCHWONO COUNTY. GEORGIA GLENN HILLS BRIDGE SAFETY ~E PROJECT NUMBER 88-8,888-085 I , .."", JOIII801. LA8C11OBER . A880CIA TES, P.c. 1296 BROAD STREET AUG~~A. GEORGIA 11l....L.M. SCALE DATE PRO..ECT NO DRAllDfC NO. REV, caNii.,.:: ASNOTED 11/20/942.501 4oc:-;,- 0 ~ ~Nr:c-"~:. r: _ 1 I I I I I I I I I I I I I I I I I "- o I :( ~ I ~o-rE.: PLACE q GtA- ~""'G~Lr WI (2~ @ \'2" OtJAGL PIPE TOP OF EXISTING END POST , - . '~IE:S I , ~~ PI Pe:-6. 11 , ~~~ I rr ~~ )()(X)<)()()( >< ~v I I >V<>> ~ T ~x?< - PIPE I X.)(X~ I ~ y 114-" 5\Q , 2}'a" 0.0. ~ ~ . I >- TENSION ROD BANDS I 12" MAX. C.C. ~ I +~ , I - I ~ . 1/4 " ~ TENSION ROD ~ I I , %" TR T ... AT EN I 6 AND P -'- ~ ~ AOJACE I" EXP. ;= 6 +1 11/4 .....~ -,- I PIPE S Co, I ~ I , '( - I . I ~ <BI ) I ~ j i JJ ( / , I ( , I \. L, " " END POST seA L E: 1"4" = I ' - 0 " /4 X 2 STEEL STRAP J USS RODS o PANELS ANELS NT TO JT. TO ' i I i ! i ! ./ ; I i RlaiWOHO cOuNTY BOARD aF COWMlssaONERS RICHWOND COUNTY, GEORGIA Jl\ GLENN HILLS BRIDGE SAFETY FOCE PROJECT NUMBER 55-8598-095 JOtII8OII, LASCItOBER . ASSOCIATES, P.C. 1296 BROAD STREET AUGUSTA. GEORGIA 1I1.~. SCAlE DATE cci.L..~: ~ NOTED 11 (20/9 [lWGFIL~' C-1 I I I I I r't3 I ., ~ E. I I I I I PiPe ::;-rD I I I I I I ... ...... ~ I ;; -I I PIPE III" S TO t-Jo-r6~ Pt.,ACE..'. Q GA. STGEL.... w' f2E -r. 6'5 ~ 1'2" 0 t....1 L- PIP6~. '. r ~ . . AL - ~ XXXXXXXXX}( ~ rv00. x x Xx ~ ><)( xx'X)('X'X .;< )( x ?Y?Q1 )l ~. >< ~~x ~){x 'X '" ){)( x ~ ~8' :t ;I ~ I ~ ~ >< FENC >f /~ ~ VxX~' SELV xxx)('X v ~ ><.... " '211 M ' x x ')(: ')( )( vQ . I " >< II "fC2lJ55 ~ Ai I I OV..A~S.. .~ , ~PIPE \ J~....rr '"10 '" I 2}'e" 0.0. XP. J-r.7 I . - ~ -' - -. . .. I I '0 I '0' - - - ~ : I , . r I ~ I I +1 ~h~' I 0 I ~~ \ ~ - I X^ X \ ? I ~ ~((<x >sQ<< \ ~ >()< ~ ') " ..)<..)<..;< Xxy)t' , !Y'0I{< ~r TOP \'/4 9 -I -, ~ ~ I . )~ I ~_ 'x'N&x ( L ~ I .., I: I " 2"~~ ; ( ~=lL - - r ) 1 I" J '> ~t , 2" ( ... ----- I ( 2" T 2" 4,j -.!-. \. L " WIDE 9 GA. CHAIN LINK E FABRIC. KNUCKLE AGE AT TOP AND BOTTOM, ESH f \ \. \. \ \ OF PARAPET I " i I \ \1 Cl Y2 " CHEMICAL CONCRETE ANCHORS INTERMEDIATE POST RDlMOND COUNTY BOARD OF COtAtISSIONERS RIOfWOHO COUNTY. GEORGIA GLENN HILLS BRIDGE SAFETY FENCE PROJECT NUMBER ss-ues-oe5 ._ . ,-. . ,I. . .',' . , I"...... . '. . '\ . JOIIII_ LA.CHOIERi 'AaIOaAm. P.c. 1~8 B~__~~~ET ,: ~ ,~_~:~A!~:~EORGIA SCALE: 1'.." = 1'-0" Jl\ DlIJI J.. SCALE OAT[, ~ DRA.o NO. REV, ~,.:: AS NOTED r. 11/20/9 42.501 ''''~ -r, 0 nWC;FI[ ::' ':'-1 I I I I I I I I I I I I I I I I EXPANSION-J6INT. POST I N "- c I ... "'l I '- - -COO,RMi\:TE :.:E XP:.;~7ll.T.:.::..L 0 CA T ION 'Iv J il' [ X".r 5.YfN6 H,A1fDR-A II. E XP AN 510 N 31 S. -'I .... .- ..... . NOTE:: PLACE 9 GA. STEEL WIRE TIES @ 12H ON ALL PIPES I . I I I I I I I , ! '-- PIPE 2 ~" 0.0. I I ; r 3fs" Iil BOLT I I I I" STD. PIPE SLIDING FIT SLEEVE \ .. . 1"OPof PAr2APe-r I ~;, ~ ~~W~ ~ l'~,,<< o'X~ x ~~ ( 1\/ 'V 'V V . V"Vv 'V V' 'V )( ~ xxxxx xx ()('xx ~~ \? 00< x ..)<xx>v<v~ ~1~>9 XXX)(y i ~ ) i \ ) ) \ J ( ( \. ,I . I ~ $I I A L: LL 6" X 6" X Y2", 4" LONG RICHMOND COUNTY BOARD (E COMMISSIONERS RICHIolOND COUNTY. GEORGIA SCALE: r~" = 1'-0" Jl\ GLENN HILLS BRIDGE SAFETY FENCE PROJECT NUMBER 55-8598-095 JOHNSON, LASCHOBER . AssociATEs, P.C. 1296 BROAD STREET AUGUSTA. GE~RGIA m. ..I. SCALE OA Tt PROJECT NO DRAMNG NO. ~~: AS NOTED "/20/9 42.501 .., ~ -1 REV. o - .~,-::-tj -: ,-. _ .