HomeMy WebLinkAboutGlenn Hills Drive Sidewalk
Augusta Richmond GA
DOcUMENTNAME:G-UNN t+rLLS 'b~IV6 ~\~E:lU~L-\<-'
DOCUMENT TYPE: COrJTdtAC\
YEAR: ~t) D ~
BOX NUMBER: J l.P
FILE NUMBER: I (p 3' 0
NUMBER OF PAGES: 11-9
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CONTRACT DOCUMENTS
AND SPECIFICATIONS
FOR
GLENN HILLS DRIVE SIDEWALK
PROJECT NO.: 323-04-296823191_
JULY 17, 2002
CERTIFICATE OF INSURANCE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES LISTED BELOW.
Name and Address of Agency Company Companies Affording Coverages
Letter
United Service Agency, Inc.
Post Office Box 11765
Lexington, Kentucky 40577
Name and Address of Insured
APAC-Georgia, Inc.
POBox 1129
Augusta, GA 30903
A
B
C
D
E
F
G
H
I
Pacific Employers Insurance Company
This is to certify that policies of insurance listed below have been Issued to the Insured named above and are In force at this time.
Company
Letter Type of Insurance
GENERAL LIABILITY
A I!I COI.f'REHENSIVE FORM
I!I PREMISES - OPERA nONS
I!I EXPLOSION AND COlAPSE
HAZARD
I!I UNDERGROUND HAZARD
I!I PRODUCTSlCOI.f>LETED
OPERA nONS HAZARD
I!I CONTRACnJRAL INSURANCE
I!I BROAD FORM PROPERTY
DAlMGE
I!I INDEPENDENT CONTRACTORS
I!I PERSONAL INJURY
AUTOMOBILE LIABILITY
A I!I CO!I'REHENSIVE FORM
I!I OWNEO
I!I HIRED
I!I NON-OWNEO
EXCESS LIABILITY
o UMBREllA FORM
o OTHER THAN UMBRELLA FORM
A
WORKERS' COMPENSATION
and
EMPLOYERS' LIABILITY
Policy Number
Policy
Expiration
Date
Limns of Liability In Thousands (000)
Each Policy
Occurrence Aggregate
LAB 26609
Effective:
12/01/1998
PERSONAL INJURY
INCLUDING
BODILY INJURY
$
$
12/01/02
PROPERTY DAMAGE
$
$
PERSONAL INJURY.
BODILY INJURY AND
PROPERTY DAMAGE
COMBINED
$ 1,000
$ 1,000
LAB 26609
Effective:
12/01/1998
BODILY INJURY (EACH
PERSON) BODILY $
12/01/02 INJURY (EACH
OCCURRENCE $
PROPERTY DAMAGE $
BODILY INJURY AND $ 1,000
ROPERTY DAMAGE COMBINE
BODILY INJURY AND
PROPERTY DAMAGE $ $
COMBINED
STATUTORY
12/01/02
1,000 (EACH ACCIDENT)
$
$
WLR C4 311097-4
#324-04-296823191 File Ref 02-014(A)
Glenn Hills Drive Sidewalk
CANCELLATION: Should any of the above described policies be cancelled before the expiration date thereof, the issuing company will endeavor
to mail 30 days written notice to the below named certificate holder, but failure to mail such notice shall impose no obligation or
liability of any kind upon the Company.
Name and Address of Certificate Holder Date Issued: September 3, 2002
Augusta-Richmond County Commission .cel:lRcit
Public Works Department
1815 Marvin Griffin Rd.
Augusta, GA 30906
L. k::-. ~
NllIlImDIIlllolAMII
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PERFORMANCE
BOND
-
LIBERTY
BOND SERVICES
Bond Number:
237908
KNOW ALL MEN BY THESE PRESENTS, that we
APAC-Georgia, Inc.
, as Principal (the "Principal"), and Liberty Mutual Insurance Company, a mutual company duly organized under the laws of the
Commonwealth of Massachusetts, as Surety (the "Surety"), are held and firmly bound unto
Augusta-Richmond County Commission
, as Obligee (the "Obligee"), in the penal sum of
Three ~Hun.dre(t'~1-even Thousand, Two Hundred Sixteen & 75/100---
'- '-~ - '. -<'::>}":i- Dollars ($ 311 216.75 ),
for the payment of wl1icti\~um well and truly to be made, the Principal and the Surety, bind ourselves~ our heirs, executors,
adr.ninistrators,zs-uccess151s1"and assigns, jointly and severally, firmly by these presents.
. :\~:.::, ~_ fO_ ~. ~
WHEREAS,'1hEi"J:>.ri6dpai~Ms by written agreement, dated XY9 2002 , entered into a contract
(the:ContraCt.~iNith the Obiigee for
Glenn Hills D~iVe Sidewalk
Project Number: 323-04-296823191
File Reference: 02-014(A)
which Contract is by reference made a part hereof.
NOW, THEREF:ORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly and faithfully
pertorm ~ the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and
effect. .
-,
-
PBOVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:
,~
If .0 Whenever the Principal shall be, and be declared by the Obligee to be in default under the Contract, the Obligee having
, pertormed the Obligee's obligations thereunder, the Surety may promptly remedy the default, or shall promptly:
1.1 Compete the Contract in accordance with its terms and conditions, or
1.2 Obtain a bid or bids from alternative contractors to complete the Contract in accordance with its terms and
conditions, and upon determination by the Surety of the lowest responsible bidder, or if the Obligee elects, upon
determination by the Obligee and the Surety jointly of the lowest responsible bidder, arrange for a contract between such
bidder and the Obligee, and make available as work progresses (even though there should be a default or a succession
of 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 of this bond. The term "balance of the
contract price," as used in this paragraph, shall mean the total amount payable by the Obligee to the Principal under the
Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal.
2. Notwithstanding any other provision of this bond or the Contract, or otherwise, the Surety is not responsible for and shall
not be held liable to the Obligee for any hazardous waste removal and the Surety shall not be held liable to, or in any
other respect be responsible to, the Obligee by way of indemnity, claims or otherwise, or to any public authority or to any
other person, firm or corporation, for or on account of any fines or claims by any public authority or for bodily injuries or
property damage to any person or thing, including, but not limited to, injury or damage due to the release or threat of
release of hazardous substances of any kind or damage to real estate or to the environment or clean-up costs or other
damages of whatever kind or nature arising out of any act of commission or omission by the Principal, the Principal's
agents, servants, employees, subcontractors or suppliers or any other person in connection with the pertormance of the
Contract. This limitation applies regardless of when any such fine is assessed, claim is made, or injury, damage, release
or threat of release occurs and without regard to any term or condition of the Contract.
LBS-5100
8/94 Rev.
~ Ii
3. The Surety hereby waives notice of any alteration or extension of time made by the Obligee,
4. Any suit under this bond must be instituted before the expiration of two (2) years from the date on which the Principal
ceased to work on the Contract. If the provisions of this paragraph are void or prohibited by law, the minimum period of
limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable.
5. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Obligee named
herein or the heirs, executors, administrators or successors of the Obligee.
6. Any claims must be presented in writing to Liberty Mutual Insurance Company, to the attention of Liberty Bond Services,
Claim Department, 600 W. Germantown Pike, Plymouth Meeting, PA 19462.
Signed and sealed this
day of
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WITNESS OR ATTEST:
APAC-Georgia .' Inc;'
Principal
"
,
- .
(Seal)
,M ~J(
By: ~~~
N~e:~D\w.rt-M.
Title: A ....r 6cCA8~
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LBS-5100
8/94 Rev.
i it.
PAYMENT
BOND
LIBERTY fa
BOND SERVICES ~
Bond Number: ?i7QOR
KNOW ALL MEN BY THESE PRESENTS, that we
APAC-Georgia, Inc.
, as Principal (the "Principal"), and Liberty Mutua/Insurance Company, a mutual company duly organized under the laws
of the Commonwealth of Massachusetts, as Surety (the "Surety"), are held and firmly bound unto
August~-Eichmond County Commission
",.,>~; ~:":' .f :::1"
~. -..,..... oT"/. ''l,:.
, as O,bligee (th~OQIl9i~), in the penal sum of
/;~ ,] -~-::_;- \ ~ \
Three Hf1ndr~d .1~lev~'1rThousand, Two Hundred Sixteen & 75/100 Dollars ($311,216.75 ),
.;: ,( ...J,- .~ ~ ~
for the paymeot;.cif whi~h?sum well and truly to be made, the Principal and the Surety, bind ourselves, our heirs,
executors, 'administra1()~, 'successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has by written agreement dated
(the "Contract") with the Obligee for
Glenn Hills Drive Sidewalk
Project Number: 323-04-296823191
File Reference: 02~n14(A)
~Xl:g 2002 ,entered into a contract
WhiC~ COlJt!act is by reference made a part hereof.
NOW, TI:;IEBEFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal shall promptly make
paYUlent:.to all Claimants, as hereinafter defined, for all labor and material used or reasonably required for use in the
-. >perform~nc.: of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
< pROVIDED AND SUBJECT TO THE CONDITIONS PRECEDENT:
1. A "Claimant" is defined as one having a'direct contract with the Principal or with a subcontractor of the Principal for
labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material
being construed to include that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2. The Principal and the Surety hereby jointly and severally agree with the Obligee that every Claimant, 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 Obligee 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 the
Principal and the Surety within ninety (90) days after such Claimant did or performed the last of the work or labor,
or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount
claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was
done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage
prepaid, in an envelope addressed to the Principal or the Obligee at any place where an office is regularly
maintained for the transaction of business, or 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, and to the
Surety to the attention of Liberty Bond Services, Claim Department, 600 W. Germantown Pike, Plymouth
Meeting, PA 19462.
(b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state
in which the project, or any part thereof, is situated, or in the United States District Court for the district in which
the project, or any part thereof, is situated, and not elsewhere.
LBS-5200
8/94 Rev.
,., ;.
(c) After the expiration of one (1) year following the date on which Principal ceased work on the Contract. If the
provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to sureties
as a defense in the jurisdiction of the suit shall be applicable.
WITNESS OR ATTEST:
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 the Surety of mechanics' liens which may be filed of record against such
improvement, whether or not claim for the amount of such lien be presented under and against this !;land....
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day of
Signed and sealed this
APAC-Georgia. Inc.
Principal
(Seal)
k~
By: ~~~
Name: ~ ~ IA.
Title: A~~r ~
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LBS-5200
8/94 Rev.
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LIST OF PROJECT DOCUMENTS
Glenn Hills Drive Sidewalk
Project Number: 323-04-296823191
SECTION
PAGES
Instruction to Bidders
IB-I thru IB-3
Georgia Prompt Pay Act
PPA-l
Minority and Economically
Disadvantaged Business Support
ME-I
Special Conditions
SP-l thru SP-2
Agreement
A-I thru A-4
General Conditions
I thru 33
Supplementary Conditions
SC-I thru SC-2
Proposal
P-I thru P-3
Site and Location Map
LM-l
Typical Sections
TS-l thru TS-2
Hot Mix Asphalt Construction
AA-I thru AA-20
Construction Exit
CE-I
General Notes
G-I thru G-16
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SECTION IS
INSTRUCTION TO BIDDERS
IS-O!
GENERAL
All proposals must be presented in a sealed envelope, addressed to the
Owner. The proposal must be filed with the Owner on or before the time stated in the
invitation for bids. Mailed proposals will be treated in every respect as though filed in
person and will be subject to the same requirements.
Proposals received subsequent to the time stated will be returned
unopened. Prior to the time stated any proposal may be withdrawn at the discretion of
the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids
have been opened, pending the execution of contract with the successful bidder.
IS-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.
IS-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 seven working days prior to the date .fixed
for the opening of bids. Any and all such interpretations and any supplemental
instructions will be in the form of written addenda to the specifications which, if issued,
will be sent to the Augusta-Richmond County Purchasing Director at least five
working prior to the date fIXed for the opening of bids. The Purchasing Director
shall send by certified mail with return receipt requested to all prospective bidders (at
the respective addresses furnished for such purposes), not later than three working days
prior to the date fixed for the opening of bids. Failure of any bidder to receive any such
addendum or interpretation shall not relieve such bidder from any obligation under his
bid as submitted. All addenda so issued shall become part of the Contract Documents.
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IB-04
PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the
bidder or his authorized representative. Any corrections to entries made on bid forms
should be initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid forms, unless
specific directions in the advertisement, on the bid form, or in the special specifications
allow for partial bids. Failure to quote on all items may disqualify the bid. When
quotations on all items are not required, bidders shall insert the works "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 finn and his signature
attested by the secretary thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bonds 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
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IB-06
BIDDER'S OUALIFICATIONS
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
ofhim 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) finns 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 hannless 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 ofattomey.
IB-08
REJECTION OF BIDS
These proposals are asked for in good faith, and awards will bemaili:.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
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GEORGlAPROMPTPAY ACT
This Agreement is intended by the Parties to, and does, supersede any and all provisions
of the Georgia Prompt Pay Act, O.C.G.A Section 13-11-1, et seq. In the event any
provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the
provision of this Agreement shall control.
All claims, disputes and other matters in question between the Owner and the Contractor"
arising out of or relating to the Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond Count, Georgia. The Contractor, by executing this
Agreement, specifically consents to venue in Richmond County and waives any right to
contest the venue in the Superior Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pl.lISUaIlt to this Agreement and
Contractor specifically waives any claim to same.
NOTICE
All references in this document," which includes all papers, writings, drawings, plans or
photographs to be used in connection with this document, to ''Richmond County Board of
Commissioners" shall be deemed to mean "Augusta Richmond County Commission-
Council and all references to "Chairman" shall be deemed to mean "Mayor".
DISPOSALS
Prior to any material from this project being wasted or otherwise disposed of outside the
project limits the Contractor shall furnish the Engineer a copy of written permission,
signed by the property owner (or his authorized agent) descn"bing the estimated amount
and type of material to be placed on said property. If any portland cement concrete,
asphaltic concrete, wood or other such materials are to be wasted on the property, a copy
of the owner's inert landfill permit, issued by the Environmental Protection DivisiQ!l shall
be furnished to the Engineer prior to any such waste being removed from the project
In all cases, regardless of the material being wasted., a grading permit issued by Augusta
Richmond County must be furnished to the Engineer.
PPA-l
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MINORITY AND ECONOMICALLY nrSADV ANT AGED 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 proj ect
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-I
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GLENN HILLS DRIVE SIDEWALK
PROJECT NUMBER: 323-04-296823191
SPECIAL CONDITIONS
SCOPE:
This work consists of 6ft. widening, concrete curb & gutter, longitudinal &
storm drainage pipes and 5ft.sidewalk along the northerly side of Glenn
Hills Drive. The Contractor shall supply all materials, equipment, labor
and supervision necessary to complete this project as specified.
TERMJNI AND LENGTH:
Project begins at Barton Chapel Road and extends 0.96 mile in an easterly
direction to Bobby Jones Expressway.
NOTES: The existing pavement, to be widened, shall be sawed in order to
obtain a neat, consistent, vertical edge since overlay is not included. If
leveling is required, it shall be placed at locations and in the amounts
specified by the engineer. All required leveling shall be placed prior to
establishing grades for the curb & gutter and sidewalk. Grades may be
adjusted to assure a neat tie-in to the existing sidewalk, etc., at Glenn Hills
Middle School entrance. Any waste/borrow disposals required to
accomplish the proposed work shall be paid for under Item 228-1000
Grading Modified, Including Haul.
Several items have been included that may not be required. These are
. .included to establish a pay item to eliminate the need for Change Orders
and prevent delays involving Change Orders.
LUMP SUM CONSTRUCTION:
All work and materials without a specific pay item shall be included in the
price bid for Lump Sum Construction. Included but not limited to,
clearing, construction layout, removals and/or disposals not otherwise
covered, grading, sawe-djoints, overhead, mobilization, etc.
SPECIAL CONDITIONS:
The Contractor shall arrange his work schedule to mlmmlze any
interference with school-related traffic and/or activities. The Engineer, at
his discretion, may prohibit work in the roadway that is unduly interfering
SP-I
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with the normal movement of traffic through the project. There are three
schools within, or adjacent to, the project limits. It is critical that all
bidders are aware of this and take into consideration how this might
impact their day to day activities.
CONCRETE PIPE:
All pipes shall be RCP with O-ring gaskets.
STAND OF PERMANENT GRASS:
If a satisfactory stand of permanent grass has not been obtained prior
to the final inspection, the Contractor shall begin watering and
continue watering until a satisfactory stand of permanent grass is
accepted by the Engineer.
Water sources shall be public streams and/or ponds if ARC watering
restrictions prohibit conventional sources. If for any reason watering is
not a viable option (in the opinion of the Engineer), the Contractor shall
treat all unacceptable areas with Loose Sod as prescribed in Subsections
700.08A and 700.08C. There will be no additional payment for this work.
TYPICAL SECTIONS:
A) From Barton Chapel Road to Glenn Hills Middle School, there will be
6' -0" of pavement widening, Type 2 Curb & Gutter and 5'x 4"
concrete sidewalk. (North side only)
B) From Glenn Hills Middle School to Bobby Jones Expressway, there
will be no widening or Curb & Gutter. There will be new 5'x 4"
concrete sidewalk and whatever grading and drainage construction
required to accommodate the new sidewalk. (North side only)
DESIGN CONSULTANT:
The Contractor shall obtain the services of a professional design
consultant to determine spacing and/or locations of drainage structures
such as catch basins, drop inlets, etc., and to identify any existing and/or
required storm drainage piping, etc. that will satisfactorily accommodate
the storm runoff for the proposed future construction of a 3-lane section
with curb and gutter. Payment for these services will be paid as Item No.
150-ABCD, Lump Sum. (This applies to the section from Barton Chapel
Road to Glenn Hills Middle School.)
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SECTION A
AGREEMENT
/"lAAj THIS AG~EMENT, made on the.J.l/!day of. '/4"ljQ.si , 200~by and between
ifV"' Augusta-Richmond County CommlSSl0n-COu..uv~1
party of the first part, hereinafter called the OWNER, and IlPAc
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party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter
names, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all pf 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 DRIVE SIDEWALK
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 - LIOUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within 10
Calendar days after the date of written notice by the Owner to the Contractor to proceed.
All work shall be completed within 130 calendar days with such extensions oftime...as are
provided for in the General Conditions.
It is hereby understood and mutually agreed, by and between the contractor and
the Owner, that the date of beginning, rate of progress and the time for completion of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor
agrees that said work shall be executed regularly, diligently, and uninterruptedly at such
rate of progress as will insure full completion thereof within the time specified. It is
expressly understood and agreed by and between the Contractor and the Owner, that the
time for completion of the work described herein is a reasonable time for completion of
the same, taking into consideration the average climatic range and construction
conditions prevailing in this locality.
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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 a work, the new time limit
fixed by extension shall be the essence of this contract.
ARTICLE ill - PAYMENT
(a) The Contract Sum
The owner shall pay to the Contractor for the performance of the contract
the amount as stated in the Proposal and Schedule of Items. No variations
shall be made in the amount except as set forth in the specifications
attached hereto.
(b) Progress Payment
No later than the fifth day of every month, the Contractor shall submit to
the Owner's Engineer, an estimate covering the percentage of the total
amount of the contract which has been completed from the start of the job
up to and including the last working day of the proceeding month, together
with such supporting evidence as may be required by the Owner and/or the
Engineer. This estimate shall include only the quantities in place and at
the unit prices as set forth in the Bid Schedule.
On the vendor run, following approval of the invoice for payment, the
owner shall after deducting previous payments made, pay to the
Contractor 90% of the amount of the estimate on units accepted in place.
The 10% retained percentage may be held by the Owner until the final
completion and acceptance of all work under the Contract.
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ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(a) Upon receipt of written notice that the work is ready for final inspection
acceptance, the Engineer shall within 10 days, make such inspection and
when he finds the work acceptable under the contract and the contract
fully performed, he will promptly issue a final certificate, over his own
signature, stating that the work required by this Contract has been
completed and is accepted by him under the terms and conditions thereof,
and the entire balance found to be due the Contractor, including the
retained percentage, shall be paid to the Contractor by the owner within 15
days after the date of said final certificate.
(b) Before final payment is due, the Contractor shall submit evidence
satisfactory to the Engineer that all payrolls, material bills, and other
indebtedness connected with work have been paid, except that in case of
disputed indebtedness of liens of evidence of payment of all such disputed
amounts when adjudicated in cases where such payment has not already
been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver
of all claims by the Owner, other than those arising from unsettled liens,
from faulty work appearing within 12 months after final payment, from
requirements of the specifications, or from manufacturer's guarantees. It
shall also constitute a waiver of all claims by the contractor except those
previously made and still unsettled.
(d) If after the work has been substantially completed, full completion thereof
is materially delayed through no fault of the Contractor, and the Engineer,
so certifies, the Owner shall upon certification of the Engineer, and
without terminating the contract, make payment of the balance due for that
portion of the work fully completed and accepted.
(e) Notwithstanding any proyision of the General Conditions, there shall be
no substitution of materials or change in means, methods, techiiiques,
sequences or procedures of construction that are not determined to be
equivalent to those indicated or required in the Contract Document,
without an Amendment to the Contract..
Each payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first
mentioned above.
AUGUSTA-RICHMOND COUNTY
COMMISSI N-@()Ul Ten:-
(Owner)
t-
!fiJBY:
Title: Ma or of Au
SEAL
Commission @ettl'lGil. Attest
/~,,~
CONTRACTOR: ~C>"'C-(',A.. \(\L
BY:~~
Jg~
tness
Title: ASST. SE:"c.
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SEAL ~ -:-:.,. --. -, . . -: .' ..
7:;ifk~:<:. .
Address: f. ().. 130'/... {J 2. ~
A\I(;.U..17;'~j GEoe.G.IA 30903
Secretary
~ ~.I."J (Y. rJwrvtJ~./
Witness
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'GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
. Arricle
Number Ti/fe'
1 :.' DEFINITIONS...... ..........:.........: ...... ... ..... .'..... ..:.... :..... .
., PRELIMINARY M..'\TTERS..."... ... .............:.:.. .::. .....:.. ::..
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. 3 CONTRACT DOCUMENTS:. . '. '.. .~., . .... ..' .'. .'
l:NTENT. AMENDING AND' REUSE .... .:..... ..:.::..... .:.: :.:;:.:.... " . ,.. 9
- ~'-'" ;..
: 4 '. A V AILABILITY OF LANDS: PHYSICAL CONDITIONS:: >,,,. '~'. .-
.. " . REFERENCE' POINTS..... .... .... ...... .... .....~:....:. .....: ........:: ....~....~.:.....
. 5: BONDS AND IN.SURANCE..... ...:....:.. ......::..~. ..n ~'~..:,: ~':';::;>q
6' CONTRACTOR'S RESPONSIBILITIES' .. ...... .'.;. ..~.; .~"..;.;.:.".:~
'. 7" OTHER WORK...: ..........'........: ..~: :.....:.... :.:::.... ..:.... .::.~'. '."., :'''::
. . . 8~ OWNER'S RESPONSIBILITIES....;.. ... ...... . ;;. :~. (.: ;'.::..::.;.:. . h
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EJ.'1GINEER'S STATUS DURING CONSTRtIcrt?N::: ..~~'::.: ....~.~:.....~:.......
Ca~'1GES IN THE WORK ..... ....... ....... ..::.. .... ...... .:....;....
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CHANGE OF CONTRACT PRICE. ... ... ...... .... ....... .... ......:.
12. CHANGE OF CONTRACT TIME ...... ...........................:... 240
13 WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECT~ON. REMOVAL OR. .
ACCEPTANCE OF DEFECTIVE WORK.. ..... .......... .....:.....:
14 PA YMENTS TO CONTRACTOR AN 0 COMPLETION ..............
15 SUSPENSION OF WORK AND TERMINATION. ........ ..........
16 ARBITR.'\T10N..... '" .................... ..... .......................
17 MISCELLANEOUS .................................................. .
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INDEX TO GENERAL CONDITIONS
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Arrick or Paragraph
Numb~r
Acceptance of Insurance ................... ~ . . . .. . '" 5 .13
Ac~s to the Work ...... .,. .... .. .. .. ... ... ....... .... 13.2.
Addenda-<iefinition of (see definition of
Specifications) ........................................ 1
~ement.-jetinition of ................................ 1
All Risk Insunnce ................ .. . . . . . . . . . . . . . .. . . ... 5.6
Amendment. Written ............................. 1. 3.1.1
Application for Payment.-jefinition'of .................. 1
Application for Payment., Final ...................... 14.12
Application for Progress Payment .................... 14.2
Application for Progress Payment-review of ..... 14.4- 14.1
Arbitration ........................... ................... 16
Authorized Variation' in Work .................. ..... ... 95
Availability of Lands' .................................. 4.1 :
Award. Notice o.f..-je1ined . .... ......................... 1
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Before S tarring ConstrUction ........;............. 2.5-2.7
Bici--:J.eiinition of ............. ...... .. ~...... ..... ..... .... t
Bonds ami 1nsurance-in' genera! ... ~ .... .. .. ..... ~. . ... .. 5
Bonds--dellnition of . . . . . . . . ... . . . ... . . . . . . . . . . . . . .. . . . . . ... 1:.
Bonds. Delivery of ............................. _ 2.1. 5. r
Bonds. Performance and Other. :...............~... 5.1-5.2':-
Cash Allowances:............ ......... ..;:. ...... ......: 1 i:.! ..
Change:Order-delinition of .........:.......... ..:....... L
Change Orders-<a be:exCO!tcd ........... ... .... .:... 10.4:
Changes in the' Work .................. ...................10'.
Claims_ Waiver of~n.Finai. Payment. ....~......... ... 14016; .:
Clarifications-and' fnterpretations: ..........~...... .... ...... 9;4;". .
Oeaning: ........... ...... ..... .... ....... .... .... .............6.17
Completion. . . . . . ... . ... .. . .. '" .....~...... ... ..... . . ... ..... ..... 14."
Completion. Substantial ....................:...: 14..8-14,9'
Conference. PreconstTUction .......................... 2.8.
Contiict. ElTOr. Discrepancy-ClJntractor
to Report ...................................... 2.5. 3.3
ConstrUction Machinery. Equipment. etc. .:........... 6.4
Continuing Work......... ....... .............. ....... 6.19
. Contract Documencs--amending and
supplementing ...... ... . . .. .'. .. .. .. .... .. .. .. .... 3.4-3..s:
Contract Documcnts-dennition of. . . . . . . . . . . . . . .. . . .. . ~. l'
Contract Documents-Intent. ...................... 3.1-3.3'
Contract Documents-Reuse of ....................... 3.6
Contract Price. Change of .............................. 11
Contract Price--.ietinition ............................... I
Contract Time. Change of .............................. 12
Contr:lct Time. Commencement of .................... 2.3
Contract Time-iellnition of ............................ 1
Contractor.-jerlnition of ................................ 1
Contractor May Stop Work or T enninate .. ~ . . .. . ; . . .. 15.s
Contractor's Continuing Obligation ... .... .. .... .... .. 14.15
Contractor's DUt.y to Report Discrepancy
in DocumentS .....................,............. 1..S.3.2
Contractor's Fee-Cost Plus ... 11.4..5.6. 11.5.1. 11.6-11. i
Contractor's Li3bility Insurance ....................... 5.3
Contr:1C:tor's Responsibilitics-in general ................ 6
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Contractor's Wammcy of Title ............ ..... .... ... 14.3
Contrac:tot'S--Qther ...................................... l'
Contractual Liability Insurance .................... ~ ... 5.4
Coordinating Contractor-definition of ................ 1.4
Coordination ................................. ..... .. .. . . . 7,4'
Copies of Documenu ...................... .. .. . . . . . . . . .' 2.1
Correction or Removal of Defective Work ........... 13.11
Correction Period. One year.... . . . . ... . . . ... . .. .... 13.12
Correction. Removal or Acceptance of Defective
Work-in general .... ....................... 13.11-13.14
'Cost-net decrease....................:... .......... 11.6.1
Cost of Work .................................... 11.4-11.5
CostS. Supplemental, .. . .. ...... . .... ... .. .... ...... I 1.4.$
Day-dellnition of ...:..............::.... ~ . . . .. . . . ..' . . .. r
D~f~crivt--definition of ................ ... .. . : .. .. . . . . .... 1'..'
D~f~crive We rk. ACl:el'tance of . .. .. . .. .. . .. .. . .... .. IJ.13.'.
D~fecrive Work.. Correction or Removal of .......... 13.11" .'
Dqecrive Work-in general ............... U. 14.1;, 14. UT
: D~f~~rt:e Work. Rejecting.... ...........:......' ........ 9.6"__
DeMitlons. .... ................... ........ ..... ... ....... ....... L... .
Delivery of Bonds' ;... ~ :.;........................:.... 2~t'.
. DeterminationforUnirPrices .........'..............;...9.1(1.
Disputes. Decisions by ~ . . . . . .... .... . . .. 9.11-9~11~-'
Documents. Copies of . .... .... ......... ..................;. 2 "': .... '.,"
. Doa1ments...Reccrd' ...... ................... ,........ ...... .,.'....... 6..1~'..' "
Documents., Reuse:.................. ....... .'. ..; ..... ~. .._ 3;/i: ..,
Orawi'ngs--definition of ................. ........ ...... .... ... 1:.:'
E:1sementS:. . ......................... .:'.. ..~ ............ .....- 4'.1.':-
.. Effective date of Agreement-deiinition of . . . . . . .. .. .. . . .. t
Emergencies ............................ ... . .. . ..... ... 6.11: .
Engineer--definition of . . . . . . . . . . . . . . . . . .. . . '. . . . . . . . . . . .. 1..
Engineer's Decisions ............................ 9.10-9.12.
Engineer's-Notice. W orltis Acceptable ............. 14.13
Engineer's Recommendation of Payment .....; 14A. 14.l3'
Engineer's Responsibilities. Limitations
on .... ............. 6.6,9'.11,9.13-9.16,18.2'
Engineer's StatUs During: Consuuction-in' genera! ..:... 9'
Equipment. Labor. Materials and ...... ....... . ..... 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
uplorations of physical conditions ................... 4.2
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Fee. Contractor'5'-Cost5 Plus ........................11.6.
Field Order-definition of ............................... 1 .
Field Order-issl1e1i by Engineer ................ 3.5.1. 9.5:
Final Applicuion for Payment ....................... 14.12'
Fiaa.l Inspection ................................. ..... 14.11.
Final Payment and Acceptance ........................14d3':.
Final Payment. Reeommendation of .. m......14.13-14.14:.
Genmu Provisions .............................. 17~J;.17 .4'
General Requi~ents-definition of. . . .. . .. .. . r" .. :. . .. I'
General Requirements-principai.
references to ................. 2.6. 4.4..6.4'; 6.6-6..1. 6.1.3:'
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Payments to Contractor-when due .........;. 14.4,14.13
Payments to Contractor-withholding ................ 14.7
Performance and other Bonds ..................... S~I-5.2
Permits. . . . . . . . , . . . . . .. . . .. . . . . . . . . . . .. . . .. ... . . . . . .. .. 6.13
Physical Conditions ....... ~ . . . .. . . . .. . . . .. .. . :. . .. . . " 4.2"
Physical Conditions-Engineer's review....:........ 4.2.4
Physical Conditions-existing sO'Uc~ .. . .. . . . . .. " 4.2.2
Physic:al Conditio~xplorations and reportS ....... 4.2.1
Physic:al Conditions-possible document change .~... 4.2.~
Physical Conditions-price and time adjustments .... 4.1.5
Physical Conditions-report of differing ............. 4.2".3
Physic:a.l Conditions-Underground Facilities .......... 4.3
Preconstroction Conference ............................ 2.8
Preliminary Matters ..... .. . . . . . .. . . . . . . . . . . . . . . . . .. .. ... 2
Premises. Use of ................................. 6.16-6.18
Price. Change of Contract .............................. 11
Price.Contract-definition of ............................ 1
Progress Payment. Applications for. .. . . .. . .. . . . .. .. .. 14.2
Progress Payment-retainage . ..............;... ... ... 14.2
Progress schedule ............... 2.6. 2.9. 6.6. 6.19. 15.2".6
Project-definitioa of ................. . . . . ... . . . . ;. .. .. . .. L
Project Represenwion-provision for ................. 9..1
Project Representative. Resident-delinition of .......... 1
Project. Starting. the. .... .... .. . . .;. .. . .. . . .. . ... . . ." . . .. ~ 2.4.
Property Insurance'. .......... ........ ............. 5.6-S.13~-~'
:. Property Insurance-Partial Utilization: .........;.~.... .s~ r5
. Property Il1Suranc~Receipt.and Application. '. '. . ..... .
Materials. and equipment-fumishedby ContractOr ....~. 6.3'..' of Proceeds ..........................;... ....: ..5: lZ~.5:.13;H'
Materials and.'equipment-not' . Protection. Safecyand. ...... ............... ..~ ...... 6.2D:.o~2T'..:-. ..
incorporated in Work ......... ~:~. ~:~. ....;.... ;..... 14.2, .~, "Punch Ust ................................ ;..... ..'_.. 14. a: '. . :',
M.ateria.ls orequipmenc--equivalenc, ....................6.1.:; :':'" '. ..'~, .
Miscellaneous Provisions.................. ...... .... ..... 17' Recommendatiolf.ofPayment .... ........... .... 14:4d4~IJ' . r . '.
Multi-prime contracts. ..... ........... ..... .......... ... ~... 1." .'. Record. Documents .................. .....: ..... .....; .'", 6~.19;'..'" '....
'. . . " Reference' Points.. ..... ... .. .... .... .. . .. . ... .. ... ........ .... 4:4'; .
Notice. Giving. of ,.... ..;....... ........ ;:. ~.... ......... 17: r,~' Regu.Wions..Lawsand. ...................... ......... 6.1'4'< .'
Notice of Acceptability of Project ................... 14.13: Rejecting.D~ftctive' Work ......... .... ..... ... ......... 9;6i~
Notice' of A ward~efinition: of ,....;.................... h... Related.Work.al Sit~ .~.......... ......... ..:.....................: .._.7:1:.7:3.:. . '..
Notice' to Proc:eed~efinition of......................... 1 Remedies Not E:'tciusive .............. .... ............ 17:4'
Notice to Proc:eed-giving of .......................... 2.3 Removal or Correction of D~fectiv~ Work ........... 13.11 .
Resident Project Representative-definition of ........... L
Resident Project Representative-provision for. ........ 9:3
Responsibilities. Contractor's-in general ............... 6'
Responsibilities. Engineer' s-in ~eral ................. 9
Responsibilities. Owner's--in general . . . . . . . . . . . . . . . . . . " 8'
Retainage .......... ....... ............... ~.......... '14.2
Reuse of Documents . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .... ... 3.5'
Rights of Way........ ............... ............ ... .... 4.1"
Royalties. Pacent Fees and ........................... 6.12
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Giving Notice. ...........: ... .......... ............... 17.1
Guarantee of Work-by Contractor................... 13.1
Indemnification . . .. . .. .. . ... . . ... .. . . .. .. . ... 6.30-0.32. 7.5
Inspection. Final .:......... ................~ ........ 14.11
Inspection~ Tests and ....... ............... .,... ...... 13.3
Insurance. Bonds ancl-in genera! ....................... 5
Insurance. Certificates of ........................... 2.7, 5
Insurance-completed operanons ...................... 5.3
Insurance. Contractor's Liability ....................... .5.3
Insurance. Contractual Liability ....................... 5.4
Insurance. Owner's Liability ;......................... .5..5
Insurance. Property .............................. 5.6-5.13
Insurance-Waiver of Rights.... :....~... ..~. ......... 5.il'"
Intent of Contract Documents ................... 3.3. 9. 14
Interpretations and Clarifications ...................... 9.4
Investigations of physical conditions ................,.. 4.2
Labor. Materials and Equipment ........ ~ ... .....: 6.3-6..5
Laws and Regu!ations-definicion of . . .. . .. ... . . ... . . . . .. 1
Laws and Regulations-generai ........ ...... . .... . ... 6.14
Liability Insurance~ontractor.' s ..................... .5.3.
Liability Insurance-Owner's ...... .................:.. 5.5
Liens--definitions of ............ ..... .. ............. 14.2
Limitations on Engineer's.. '" .... . .....
Responsibilities .................. ...... 6.6~ 9~1.l.9.13-9d6. .
"Or-Equal" Items...................... ~................ 6.7
OCher conttactors. ....................................... 7'
Other worle .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. j'
Overtime Work-prohibition of ........... ............. 6.3.
Owner-definition of ...... ............... ..............: 1.
Owner May Correct D~fective Work................. 13.14
Owner May Stop Work...... .... .................... 13.10
Owner May Suspend Work. Terminate .......... 15.1-15.4
Owner's Duey co E.'tccute Change Orders ............. 11.3
Owner's Liability Insurnnce ........................... 5.S.
O~er' s Repres~ntative-Engineer co serve as ......:. 9.1
Owner's Responsibilities-in general .................... 8
Owner's Separ:1te Representative at sice ............... 9..3
Partial Utilization .................................. 14.10'
Partial Utilizacion--definition of ..... . . .. ... . .. . ~ " . . . . .. I
Partial U til iz:uion-Property Insurance ............... 5. 15
Patent Fees :lnd Royalties ............................ 6.12
Payments. Recommend:1tion of ...... ~. ... 14.4-14.7. 14.13
P:1yments to ClJntr:lCtor-in genera!. .................... 1.4'
Safety and Protection,...... 6. 20-6 ~ 21, 18.1-18.2
Samples ,.............................. ... . . .. . ... 6~13-6.28
Schedule of progress ........ 1.6..2".8-2.9; 6.6. 6.19; 15.2.6
Schedule of Shop Drawing
submissions.................... .,,2.6.2.8-2:9; 6;13: 14.1.
Schedule of values ....................... !.6. 2;~2;9. 14.1
Schedules. Finalizing....... ... ........ ............ n..... 2.9,;
Shop Drawings and Samples. ...... .. . . .. .. .. . ... 6.ll-6.i8:
Shop Drawings-definitioli of ......... . . . : ... . . . ..... . . ... 1..
Shop Drawings. use to approve'
substitutions ;.............................;....... 6.1.3".
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Site. Visits to-by Engineer ......................... ~. 9.2
Specifications-definition of .....................;.......... r
Starting Construction. Before..... .. ....... ........ 2..5-2.8
Starting the' Project ..................................... 2.4
Stopping Work4y Cootractor ....... .... ...... ...... 15.5.
Stopping Work-by Owner........................... 13.10.
Subcoatractor--definition of ........ .. . . . .. ... .. ... .. .. " I
Subcontractors-in,general ................. ~..... 6.8-6.11
SubcootraCtS-ic:quired provisions ............ 5. I 1.1. 6. I I
11.4.3
Substantial Completio~ertificatioo of.............. 14.8
Substantial Completion-definitioa . of . . . . . . . . . . . . . . . . . . .. 1
Substitute or "Or-Equal" ltems _...................... 6.1
Subsurface Conditions.......................... ... 4.2-4.3
Supplemental costs ........................;........ 11.4.5
Supplementary Conditions-definition oC ................ 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 Contrae:: Documents :.......... ~ ... 3.4-3.5'
. Supplier--definition of . . . .. . .. ..... ..... .. .. .. .. . . .... . .... 1
Supplier-principal references to ...3".6.6..5.6.1-6:9,6.20..
. 6.24. 9.13, 9.16. U.8. 13.4. 14; 12".
Surcty-consent to payment............. ~..... 14.12. 14.14;
Surety-Engineer has no duty to ~................. ~.... 9.13"::-.
. Surety-ootice.to ........................... 10.1. lOS, 15.2'.
Surcty-qualliication.of ............ ...,............ 5.1-5.2-;
Suspending. WorK. by Owner ...............:.......... 1S-.r'.
Suspension of Work and TerminaIion-in;general.... u. 15;:..
Superintendent--Contractor's .............. ... .. .. . .... 6.Z'
Supervision: and Superintendence... . . .... . . . . . ., .. ... 6d -6.2'
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Taxc:s.-Paymentby Contractor.... .:~;..... ....'". ~..'... 6. IS'
Terminatio~v Contractor...... ...................... 15.5... . .
Termination,..--hy Owner. .. H' n.. nm........ ..... 15.2-15.4':
Termination. Suspension ofWorkand-in general...... 15
Tests and Inspections .......... u.. " .. ...... ... 13.3-13.7
Tune. Change of Contract ............ ..... . . .. .. ... .. ... 12
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Tune. ComputatIon of ................................. ._
T1U1e. Contract-<fefinition of ....... ~.......:. ~.......... 1
Uncovering Work ....... ........ .......... ........ 13.8-13".9
Underground Facilities-definition of................. ... I
Underground Facilitic:s-not shown or indicated..... 4.3.2.
Underground Facilities-protec:tion of . . .. . . . .. . .. 4.3. 6.20
Underground Facilitic:s-shown or indicated....... .. 4.3.1
Unit Price Worlc-detinition of .......................... 1
UnicPrice Worlc-general ............:.... 11.9.14.1.14.5
. U.nit: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
. Variatioas in. Work-Authorized ... . . . . . . . ~ .. 6.25, 6.27. 9.5'
. V' . S' -b E . . . 9 ..,
ISlts to Ite y ngmeer............ ~. ........ ~'."" '._ "
Waiver ofci~n Final Payment' .:,~. .... ......~... "14.16. ,.' :
Waiver of Rights by insured parties......... ''':. 5.10. 6.11~.
Warranty and Guarantee~y. ContraCtor. ...: .. .. .... 13.I: .,
. Warranty of Title. Contractor's ..... .........:........... 14.3' .'
. Work Access to ;"~'"'''''''''''''''''''''''''''''''''''' IJ.Z
Woi1c.':"'bY otherS' .. ..~..~.... ,~.""",,; ,.. ~ -............ 1':i.':'.
: Work Continuing During Disputes .~......... ......... 6.29:' "~'"
: Worr, Cost of .............~.......:....... ...... ...11.4-115,
Work,..-definition'of .... ......;......... ..................... ''''. r:-'. '.
Work Directive Change-definition' of. ...... .. .. . . . . .. . . ... h: .....
. Work,DireCtiveChange'"""'P.riilcipal ;,' . '.' '. :' :. .
. references. to ... ~.................;...... ....3:4.3, 10~ I-I0~Z..>
Work. .Neglecced'by'ContrllCtor ... .... ..;......~....; 13.14,;....
Work. Stopping,'by Contractor. ~.....;.... .......... . ~., 15~.s~:.: ~.
Work. Stopping.-b.y.Owner..:.......... ..'....... ..15~1-15.~:." .
Written Amendment-demition of' . . . .~.'.. . ; .. ..... . . .. . . . Ii. .
Wrinen Amendment-principal . .
references to .....................,,3.4.1.10.1.11.2.11.1::
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GENERAL CONDITIONS
ARTICLE I-DEF.INITIONS
Wherever used in these G'eneraJ Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
. thereof:
Addenda-Written or graphic inst"ruments is!;Ul~d prior to the
opening of Bids which clarify. correct or change the bidding
documents or the Contract Documents. .
Agreemem- The written agreement between OWNER and
CONTRACTOR covering the Work to be performed: other
Concract Documents are attached to the .~greement and made
a part thereof as provided therein.
Application for Paymem-The form accepted by ENGI- .
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup- .'
porting documentation. as is required by the. Contract.
Documents.
Bid-The offer or proposal of the bidder submitted on the.:
prescribed' fonn setting forth the prices for the .Work to be.
performed. . .
Bonds-Bid. performance and payment bonds and other.
instruments: of security.
Change Order-Adocument recommended by ENGINEER.
which is signed by; CONTRACTOR and OWNER and autho-
. rizes an addition'. deletion' or revision in the Work. or a~
adjustment in the Contract Price or the Contract Time. issued.
on or after the Effective Date'ofthe.Agreemenc.
Conrrac.t Docllmt'nts- The Agreement. Addenda (which per- .
cain to the Contract Documents). CONTRACTOR's Bid'
(including documentation accompanying the Bid and any post-
Bid documentation submitted prior to the Notice of Award)
when attached as an exhibit: to the Agreement. the Bonds.
these GeneraiConditions.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 ilnd supplements issued pursuant to
paragraphs 3.4 and 3.5 on or after the Effective Date of the
Agreement.
Contrerc.t Print-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as' stated in the
Agreement (subject to the provisions of paragraph 11.9.1 in
the case of Unit Price Work).
C Vntrclc-t 7imL'- The number of days (computed as provided
in paragraph 17.1) or the date stilted in the Agreement for the
completion of the Work.
CONTRACTOR-The person. firm or corpor-oltion with whom
OWNER has entered into the Agreement.
defe~ti\'e-An adjective which when modifying the word Work
refers to Work that is unsatisfactory. f::wlty 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 (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.(0).
Drall'illgs- The dmwings 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.
Effe~til'e Dare of the A,lfreemellt-The date indiCated in the
Agreement on which it becomes effecti....e. but ifno 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. .
ENGINEER-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 Worle in; accordance with. para-
graph 9.5 but which does not involve a 'change in. the Contract:
Price. or the'CoritractThne.
General Reqliirements-Sections of Division I. of theSpeci-
fications. . ".. .
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La,,:s.and Regulaticms.: Law~ or Regulations-Laws. rules. .
regulations.. ordinances..codes.andlor orders.
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NcJtic'e 'of .-I.l\'ard:':'The written notic~: by' OWNER. to the. .
apparent successful bidder stating that.upon.compliiutce--by ::~.
the apparent successful bidder with the conditions precedent
enumerated therein. within the time. specified. OWNERwill
sign and deliver the Agreement.
Notice to ProC'eed-A written. notice given by OWNER to'
CONTRACTOR (with a copy to ENGINEER) fi;(ing the date
on which the Contmct Time will commence. to run and on
which CONTRACTOR shaH start to ~erfofif1 CONTRAC-
TOR'S obligations under the Contract Documents. .
OWNER-The public body or authority. corporation. asso-
ciation. finn or person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be provided.
pcznial U,ili:at;vlI-Placing a portion of the Work in service
for the purpose for which it is intended. (or a related purpose)
before reaching Substantial Completion for all the Work..
ProjeC't- The total construction' of which the Work to be
provided under the Contract Documents may. be the: \Vhole~.
or a 'part as indicated elsewhere in the Contract Documents.
R~s;dent Project Rt'pre.ft'lIwtil'e-The authorized represen-
tativeof ENGINEER who is assigned to the' site or any part,
thereof.
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Shop Drawings-All drawings, diagrams. illustrations,
schedules and other data which are specifically prepared by
or for CONTRAcroR to illustrate some portion of the Work
and all illustrations. brochures, standard schedules. perfor.
mance charts, instructions.- diagrams and other information
prcparecl by a Supplier and submitted by CONTRAcrOR to
illustrate material or equipment for some portion of the Work.
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. sp~cificariolU- Those portions of the Contract Documents
consisting of written technical descriptions of materials, .
equipment. construction systems. standards and worlcman-
ship as applied to the Work and certain administrative details
applicable thereto.
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SubcolWactor-An individual. firm or corporation having a
direct contract with CONTRACI'OR or with any other Sub-
contractor for the performance of a part of the Worle at the.
site.
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SubsttZ/l.tiQ1 Completion-The Work (or a specified pan thereof)
has progressed to the point where, in the opinion of ENGI- .
NEER. as evidenced by ENGINEER's definitive certificate..,
. of Substantia! Completion. it is sufficiently complete,c in.:
accordance with the Contract Documents. so that the Work
. (or spccitied part) can be utilized for the purposes for which:
it is intended; or if there be no such certificate: issued.. when'
final payment is due in accordance with paragraph 14.13. The' .
terms "substantially complete" and "substantially com"":
pleted.. as applied to any. Work. refer to Substantial Comple~ :
. tiOD thereof. .. .
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Supplementary Conditions-The'pan of the. Contract Docu- . .
ments which amends. or' supplements these General' Condi-
tions..
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Supplier-A manufa.cturc:r. filbricator. supplier. distributor;
materialman or vendor. . .
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Unduground Facilities-AJl pipelines. conduits. ducts. cables.
wires. manholes~ vaults. tanks, tunnels or other such facilities
or attachments. and any encasements' containing such fac:il.
ities which have been installed underground to furnish any of
Ute 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 WlUer.
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Unit Price. Work-Work to be paid for on Ute basis of unit
prices.
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w 0'*- The entire completed constrUction or the various sep-
arately identifiable parts thereof required to be furnished
under Ute Contract Documents. Work is the result of per-
forming services. furnishing labor and furnishing and incor.
porating materials and equipment into the construction. aU
as required by the Comraa Documents.
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Wo..k Dirt!ctivt! Charr,~A written directive to CONTRAC-
TOR. issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
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ordering an addition. deletion or revision in the Work, or
responciing to differing or unforeseen physical conditions under
which the Work is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.21. A Work.
Directive change may. not change the Contract Price or the' .
Contract Tune. 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 Ute Contract Price or Contract Tune as provided in
paragrapb'lO.2. .
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Written Amendmerrt-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 nonengincering or nontechnical rather than strictly
Worle.related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS'
Dflli.Vflry of Botuls:
2.1. When. CONTRACI:OR delivers the' executed Agree-.. .
ments to OWNER" CONTRAcrOR shall. also deliver ~;.
OWNER such Bonds as CONTR:A.crOR may' be required. to .
furnish in accordance with. plUaifaPb 5.1.
Capi# of Docume1l/:l:
2~2. OWNER shall furnish to CONTRACTOR up'to ten:
copies (unless otherwisespecifiCd: in.the Supplementary Con~.
. ditions) oime Contract: Documents as. arc. reasonably nee.'
essary for the' execution of-the Work. Additional cOQies wilF
be furnished. upon:request. at" the cOSIofreproduction..
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COIlUlleru:81M1Il of COnl1TU:t Turur: Naria.to PraC8et!.;
2.3. The Contract Tune 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-bl: given at any,
time Within thirty days after the Effc:c:tive Date of the Agree-
ment. In no event wiu the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or tbe thirtieth day after the Effective Date of the Agreement,
whichever date is earlier.
SIIUting tJu Proj<<t:
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 Tune commences to run..
B'f~.SIIIrting C onstnu:tion:
!S. Before undertaking each part of. the. Work. CON-
TRACTOR shall carefully study and compare the:. Contrad'
Documents and check and verify pertinent figures. shown'
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. thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
contlict. error or discrepancy which CONTRACTOR may
discover and shall'obtain a written interpretation or cJarifi-
. cation from ENGINEER before proceeding with any Work
affected thereby: however.. CONTRACTOR shall not be Iia-.
ble to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents.
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known there,?f.
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1.6. 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:
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2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work: .
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1.6.2. a preliminary schedule of Shop Drawing sub-.
missions: and
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1.6.3. a preliminary schedule of values for all of the:..
Work which will include quantities and prices of items.
aggregating the Contract Price and will subdiVide the Work.
into, component parts in sufficient detail to serve- as. the.
basis' for progress; payments during construction~ Such:.
prices. will include an appropriate amount of overhead and':.
profit applicable. to each item of Work: which will be: con:., .'
firmed in writing by CONTRACTOR at. the time of sub-
mission.
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2. 7~ Before any Work at the site is started. CONTRAC- .
. TOR shall deliver to OWNER. with a. copy to ENGINEER. ....
. certificates (and: other evidence' of insurance. requested' by' - .
OWNER) which CONTRACTOR is required to purchase and:'
maintain in accordance with paragraphs 5.3- and 5.4. and
OWNER shall deliver to CONTRACTOR certificates (and
. other evidence of insurance requested by CONTRACTOR>
which OWNER is required to purchase and maintain. in .
accordance\\ith paragraphs 5.6 and 5'.7.
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PnCOILStnlction Con/ennct!:
1.8~ Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR starts the Work at
the site. a conference attended by CONTRACTOR. ENGI-
NEER and others as appropriate will be held to Jiscuss the
schedules referred to in paragraph 1.6. to discuss procedures
for handling. Shop Dmwings and other submittals and for
processing Applications for Payment. and to establish a working
understanding among the parties as to the Work.
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FiJuzlidng Scl"duJes:
. 1.9. At least ten da~'s before submission of the: first Appli-.
cation for P:l~'ment a I:onference attended by CONTRAC~
TOR. ENGINEER anu others as appropriate will be held to
finalize [he: :;.:hedules submitled in accordance: with para.
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graph 1.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time. but such
acceptance will neither impose on ENGINEER responsibility.
for the progress or scheduling of the Work nor relieve CON-
TRACTOR from 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 fi'naJized schedule ofvaJues will
be acceptable to ENGINEER as to fonn and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
11IU1Il:
3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for by one is as binding as if called for by all. The:: ..
Contract Documents will' be construed in accordance with:
the law of the place of the: Project. .
3.2. Iris the intent of the ContractDocuments,cb describe., ',,'.:
aJunctionally complete Project (or. part. thereof) to be con,;.;.i:::<......
structed in' accordance. with the Contract Documents. Any!' :..""
Work~ materials' or equipment that'may. reasonably be'infe~: . -....~ <~ -: '. -
from the. Contract Documents: as being. required to produce~ '. ,
the'intended result will" be supplied.whetherornotspecifically;:..
called. for., When wOf'ds which have.' a. well,known technicaL
or trade meaning' are. used to describe Work. materials-or.:.
equipment.such words shall be interpreted. in accordance: wiehi..
that. meaning~ Reference to standard. specifications. manuals,
orcodes ofany'technical:society.. organization'or association~, . .
ortothe Laws or. Reguliltions of any governmental authority.
whether such: reference be specific. or by implication. shall
. mean the. latest standard specification. manual. code or Laws.
or Regulations in effect at the time of opening of Bids lor. on'
the Effective Date of the. Agreement if there were no Bids)..
e:tcept as may be otherwise specifically stated. However. no
provision of any referenced standard. specification. manual
or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be effective to change the
duties and responsibilities of OWNER. CONTRACfOR or
ENGINEER. or anv of their consultants. agents or employ-
ees from those set f~rth in the Contract Documents. nor shall
it be effective to assign to ENGINEER. or any of ENGI-
NEER's consultants. agents or employees. any duty or'
authority to supervise or direct the furnishing or perfonnance
of the Work or any duty or authority to undertake responsi-
bility contrnry to the provisions of paragrnph 9J5 or 9.16.
Clarifications and interpretations of the Contrnct Documents.
c;haJl be issued by ENGINEER as provided' in paragmph 9.4:
3'.3. If. during the performance of the. Work. CONTRAC:"
TOR finds a contlict. error or discrepancy in the: Contrnct
Documents. CONTRACTOR shall so report. to ENGINEER
in writing at once anu before proceeding with the Work ~ec~ed-
thereby shall obtain a written interpretation or clanftcauon.
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. from ENGINEER: however. CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to repOrt any
conflict. error or dist:repancy in the Contract Documents
unless CONTRACTOR had acwal knowledge thereof or should
reasonably have'known thereof. .
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Anuruiing and Suppil!I1UlIling ConlTtU:t DoCUlMIIU:
3.4. The Contract Documents may be amended to pro-
vide for additions, deletions and' revisions in the Worle or to
modify the tenns and conditions thereof in one or more of
the foHowing ways:
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3.4.1. a formal Written Amendment,
3.4.2. a Change Order (pursuant to paragraph 10.4),
or
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3.4.3. a Work Directive Change (pursuant to para_
graph 10.1).
As indicated in paragraphs 11.2 and 12.1; Contract Price and.
Contract Time'may only be changed by a Change Order or a
Written Amendment.
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3.5. In addition~ the. requirements of the ContraCc:Docu'-':
ments may be supplcmented~ and minor. variations and devia- '.:
lions in the Work may be authorized~ in one or more of thc::'
following ways~ .' .
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3.S.1. a Field Order. (pursuanno paragraph.9Sl,
3.5.2.. ENGINEER's appro-vaL of a Shop Drawing or.' . . .
sample (pursuant to paragraphs 6.26 and 6.27), or .
3.5.3. ENGINEER's' written interpretation or clarifi-. '.'
. cation (pursuant to paragraph 9-.4).. .
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3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur..
nishing any of the Work1,ll1der a direct or indirect contraci.
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
sea! of ENGINEER; and they shall not reuse any of them on
extensions of the Project or any other project without written'
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
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ARTICLE 4-A V AILABILlTY OF LANDS; PHYSICAL
CONDmONS: REFERENCE POINTS
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AIItIiltIbiliq of lAniJs:
4.1. OWNER shall furnish. as indicated in the Contract
Documents. the lands upon which the Work is to be per-
formed. rights-of-way and casements for access thereto, and'
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. such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures'.or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER. unJess otherwise provided in the Contract
Documents. -If CONTR.A.CI'OR believes thar any delay in.
.OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an .extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in Anicle 12. CONTRACTOR shall.provide for all
additional lands and access thereto that may be required for.
.~emporary construction facilities or storage of materials and
equipment.
'Physi.uJ. CatuUJioru:
4.2.1. up/orations 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. CONTRA.CTOR may
rely upon the accuracy of the technical data contained in .
such reports. but not upon nontechnical data. interpreta-' .
tions or o):?inions contained therein or for the completeneu; . .
thereot: for' CONTRACTOR' s; Pllrl'oses. Except as indi-
cated in the' immediately preceding. sentence and in para_. .'
, graph 4.2.6~ CONTRACTOR shall have full responsibility' .
with respecno: subsurface conditions at the site.' . .
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4.U; Eristing'Structures: Reference is made' to the/.'.
Supplementary Conditions for identification; of those',.,::':'
drawings. of physical, conditions in, or' relati'ng. to, existin&~.. .
surface. and subsurface structures. (except" Ui1dergrounc[' .'
Facilities referred' to, in paragraplr- 4.3-) which: are at or: . .
contiguous to the site' that have' been. utilized' by ENGl_'
NEER. in:.preparation", of the: COntract. Documents.. CON~,.'. ,'"
TRACTOR may rely upon. the accuracy of the technical'
data contained. in. such drawings.. but not for the complete.
ness thereof for CONTRACTOR's: purposes. Except as.
indicated in .the immediately preceding sentence and in.
paragraph 4~1.6. CONTRACTOR shall have full respon,
sibility with respect to physical conditions in or relating,
to such structures.
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4.2.3. Report of Diff~ring Conditions: If CONTR.~C-
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 4.1.2 is inaccurate, or
4.2.3.1. any physical condition uncovered or
revcaJed at.' the site differs materially' from that indi-
cated~ reflected or refem:d to in the Contract Docu-
ments.
CONTRACTOR shall, promptly after becoming. aware.
thereof and before pcrfonning any Work in cottnection' .
therewith (except in an emergency as permitted by para-
SraPh 6.22). notify OWNER and ENGINEER in writing
about the inaccuracy or' difference.
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4...:!A. ENGINEER's Review: ENGINEER will
promptly review the pertinent conditions. determine the
necessity of obtaining additional e:<plol1ltions or tests with
respect thereto and advise OWNER in writing (with acopy
to CONTRACTOR) of ENGINEER's findings and con-
clusions. .
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4."2.5, Possible Document Chan.r(e: 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 C~ange Order will be issued
as provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
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4.2.6. Possible Price and Tillie Adjustments: In each
such case. an increase or decrease in the Contract Price
or an e:ttension or shortening of the Contract Time. or any"
combination thereof. will be allowable to the extent thar
they are anributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles f I and 12~
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Physical Condirions-Cnckrgrourul Facilities:
. 4.3. L. Showrt or Indicated: The information and data..
. shown or'indicatedoin the Contract Documents with respect;".
to existing, Undergfound 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 e:tpressly' pro-.
. . vided in the'SupplementaryConditions:'
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4.3, I .J. OWNER and ENGINEER shall. not be
responsible for' the accuracy or completeness of any' .
such information or' data: and'.
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.U.1.2. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown.
or indicated in the Contract Documents.. for coordina-
tion of the Work witb the owners of such Underground.
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6..:!O and
repairing any damage thereto resulting from Ihe Work.
the cost of all of which will be considered as having.
been included in the Contract Price.
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4.3.1. Not Sholl'n or Indicated. [f 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 e:tpccted to be aware of. CONTRACTOR
shall. promptly aft~r becoming aware thereof and before
performing :my Work affected thereby (except in an emer-
gencyas permined by parograph 6.11). identify the owner
of such U ndc:rground Facility and give written notice thereof
to that ownc:r and III OWNER and ENGINEER. ENGI-
NEER will promptly review the Underground Facility to'
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determine the extent to which the Contract Documents
should be modified to reflect and document the conse-
.. quences ofthe 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 6.10.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time. or both.
to the e:ttent that they are attributable to the e~istence of
any Underground Facility that was not shown or indicated'
in the Contract, Documents and which CONTRACTOR.
. could not reasonably have been expected to be aware of:
If the parties are unable to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles I I and 11.
. Reference Points:
4.4: OWN ER shall provide engineering surveys to estab- .
!ish reference points for construction which in ENGINEER's~
judgment are necessary to enable CONTRACTOR to proceed
with the Worle CONTRA.CTOR shall be responsiblefor 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 orOWNER. CONTR.-\C- ....
TOR shall report. to ENGINEER whenever any reference'.. ."
point is lost ordesttoyed or requires relocation because. 0(>>:.:.'; _i.
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. . "'.
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ARTICLE 5-BONDS AND INSURANCE
Perfomuuu:e and Other BondS:
5. I. CONTRACTOR shall furnish performance and pay-
ment. Bonds. each in an amount at least equal to the Contract .
Price as security for the faithful performance and payment of .
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect~ least until one.
year after the date when final payment becomes due. e:tcept
as otherwise provided by Law or Regulation or by the Con-
lrnct Documents. CONTRACTOR shall also furnish. such
other Bonds as are required by the' Supplementary Ci>ndi-
tions. All Bonds shall be in. the forms prescribed by Law or..
Regulation or by the Contl1lct 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 acertitied
copy of the- authority to act.
5.1. If the surety Oil any Bond' furnished by CONTRAC~,
TOR is declared a bankrupt or becomes insolvent or its right.
to do business is terminated in any stllte where any p:1rt of
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the Project is located or it ceases to meet the requirements
of paragraph 5.1, CONTRACfOR shall within five days
thereafter substitute another Bond and Surety, both of which
must be acceptable to OWNER.
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CQrilrTz.ctor'1 LilzbiJity InsUlTUJa:
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
. appropriate for the Work being performed and furnished and
as will provide protcctiran from claims set forth below which.
may arise OUt of or result from CONTRACfOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other obligations under the Contract Documents. whether it
is to be performed or furnished by CONTRAcrOR. by any
Subcontractor, by anyone directly or indirectly employed by.
any of them to perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable~
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5.3.1. Claims under workers' or workmen's compen-
sation. disability benefits and other similar employee ben-
efit acts;
5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease, or. death ofCONTRAC-'
.'. TOR~ s employees; .
5 j.3. ciaiins for ciamages b~se of bodily injur;..;:-
sickness or discase~ or death. of any person other than: :
CONTRAcrOR's employees:
5.3.4. Claims. for damages insured by personal injury: .
liability coverage which are' sustained lal by any person' ..'
as a result of an offense directly or indirectly related. to:
the employment of such person by CONTRAcrOR. or
(b) by any other person for any other reason:
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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;
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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
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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~
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The insurance required by this paragraph 5.3 shall include.
the specific coverages and be wrinen. for not less than the
limits of liability and coverages provided in the Supplcmen- .
tary Conditions. or required. by law, whichever is greater;
The comprehensive general liability insurance shall include
completed. operations insurance. All of the policies of insur- .
ance so required to be purchased and maintained (or the.
certificates or other evidence thereotl shall contain a provi-
sion or endorsement that the covera;c afforded will not be
cancelled, materially changed or renewal refused until at least-
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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.
replac:ing def~ctiv~ Wark in accordance with paragraph 13.12.
In addition. CONTRAcrOR 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.
Corrl1Tu:tlu:li LUzbiJity Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contrac:tu.alliability insurance
applicable to CONTRAcrOR's obligations under paragraphs
6.30 and 6.31.
OwMr's Li4bility Insurruu:e:.. . .
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and, at'.
OWNC'wR's option. may purchase and maintain such' insur-.
ance as wi11 protect OWNER against claims which. may arise:
from operations under the ContractD~cuments.'
Pro/HTty lruurrznce:.
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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.:
tbcreof.(subject:to such' deductible amounts as may be pro-
vided in the; Supplementary Conditions or required. by Laws;. '. ..'
and. Regu1ationsl~ This insurance' shalr include the: intcrl:stS..'
ofOWNER. CONTRAcrOR.Subconcractors, ENGINEER" . '.'
and ENGINEER' sconsuJtants in the Work. all of. whom shall'
be listed as insureds or additional insured' parties, shall insure.
against the' perils of fire and extended coverage and shall
include "all risk" insurance for physical loss and' damage.
including. theft; vandalism and malicious. mischief. collapse.
and. water damage.. and such other perils as may be provided'
in the Supplementary Conditions. and shall indude damages.
losses and expenses arising out of or resulting frcjm 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, anomeys and other professionals I. If
not covered under the "all risk" insurance or otherwise pro..
vided in the Supplementary Conditions, CONTRACTOR shall
purchase and maintain similar property insurance on portions,
of the Work stored on and. off the site or in transit when such,
portions of the Work arc to be included in an Application. for
Payment.
S. 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.
Rqulations which will include, the interests of OWNER..
CONTRACTOR. - Subcontractors, ENGINEER AND>
ENGINEER:s consult:uttsin the Work. all of.wbom shaIJ be
listed as insured or. additional insured. parties. ..
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5.8. All the policies of insurance (or the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNE~ 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 chaliged or renewal
refused until at least thirt'j days' prior Minen notice has been
. given to CONTRACTOR 'by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
5.9.. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests
of CONTRACTOR. Subconcracton; 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. '
5.10. If CONTRACTOR requests in writing that other
special insurance be induded in the property insurance pol-"
icy. OWNER shall. if possible. include such insurance. arid'
the cost thereof will be charged to CONTRACTOR by appro-. '.:
priate Change Order or Wrinen Amendment. Prior to com~.",:~ . .
mencement of the Work at the site. OWNER shalt: in writin~
advise CONTRA.CTOR whether or not such other insurance
has been procured by OWNER.
. Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive allrights..'
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. El'l'GI-
NEER. ENGINEER's consultants and all other parties.
namerl as insureds in such policies for losses and damages
so caused. As required by paragraph 6. 11. each subcon-'
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI..
N EER . s co nsultants and all other parties named as insureds~
None of the above waivers shall extend to the rights that
any of the insured parties may have to the proceeds of
insur.mce held by OWNER as trustee or otherwise P!lY.
able under any policy so issued.
5.11.2. OWNER and CONTRACTOR intend that any'
policies provided in response to paragraphs 5.6 and 5. T .
shall protect all of the parties insured and provide primary"
cover:lge for all (osses and damages caused by the perils
covered thereby. Accordingly. all such policies shall con-
tain provisions to the effect that in the event of payment:
of any loss or damage the insurer will have no rights of
recovery :lg;Jinst any of the pllJ'ties named as insureds IJr
additional insureds. and if the insurers l'equin: sepllr:lle
waiver forms to be: signed by ENGINEER or ENGI~
NEER's consultant OWNER will obtain the ~ame. and if
such waiver forms are required of any Subcontractor.
CONTRACTOR will obtain the same.
Receipt and ApplU:ation of Proeeeds: .
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adj!Jsted 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 flfteen days after' the .
occurrence of loss to OWNER's exercise of this power. If.' .
such objection be' made. OWNER as trustee shall make set~:
t1ementwith the insurers in accordance' with such aireement. .
as the parties in interest may reach. Ifrequired in. writing by; ';':"
. any party in interest. OWNER as trustee shall. upon the~::'
occurrence of an insured:loss. give. bond for the properperL :: ".'
formance of such. duties. . .
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Acceptance- of liuurance:
5~ 14. If OWNER has any objection to the coverage afforded,..
by, or other provisions of the insurance' .reqcired. to be pur-
chased and; maintained by CONTRACTOR in accordance; .; .
with paragraphs 5.3 and:5.4 on the: basis of its. not complying,' . .' . .'
with the Contract Documents. OWNER shall' notify CON~
TRACTOR in writing thereof within' ten days of the date of
delivery of. such certificates to OWNER in accordance with
paragraph 2.7. If CONTR..~crOR has any objection to the.
coverage afforded by or other provisions of the policies of'
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5'.6 and 5.7 on the' basis of
their no~ complying with the Contract" DoCUments. CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates- to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection .within.
the time provided shall constitute acceptance of such insur-
ance purchased by the othe:r as complying with the Contract
Documents.
PartUli Utili:Jztion-Prop.rry I nsurrura:
5.15. If OWNER finds it necessary to occupy 'or use a-.
portion or portions of the Work prior to Substantial Comple-
tion of all. the Work~ such use or occupancy may be accom.
plished in accordance with paragraph 14.10: provided that no
13.
Sllpervision. and Superinuruimce:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently. devoting such attention thereto
and applying such skills and expenise as may be necessary'
to perform the Work in accordance with the Contract Doc. .' . Adjusting Progrus ScJwiuU:
uments. CONTRACTOR shall be solely responsible for the' 6.6. CONTRACTOR shall submit to ENGINEER for
means. methods. techniques. sequences and procedures of . acceptance (to the extent indicated in paragraph :!.9) adjust-
constrUction. but CONTRACTOR shall not be responsible" ments in.the progress schedule to reflect the impact thereon
for the negligence of others in the design or selection of a ... of new developments: these win' conform generally to the
specific means. method. technique. sequence or procedure. progress schedule then in effect and additionally WIll comply
of constnlction which is indicated; in and required by the.: > with any provisions of the General Requirements applicable:' ....
Contract Documents. CONTRACTOR. shall be responsible. . thereto. .
to see that the finished. Work complies accurately with the..
Contract Documents" "
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such use or occupancy shall commence before the insurers.
providing the property insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insur-
ance shall consent by endorsement on the 'policy or policies.
. but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
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ARTICLE 6-CONTRACTOR'S RESPONSIBILmES
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6.1; CONTRACTOR shall k~ on the Work atall.times
during its progress a competent resident superintendent; wha'
shall not be replaced without. written notice to OWNER and:'
ENGINEERexcepc.under extraordinary. circumstances.The"
superintendent will' be CONTRACTOR's. representative. at~
the site and shall have authority to act on behalf of CON- '.
TRAcrOR. All communications. given to the:superintendent:
shall be as binding. as if:given to CONTRACTOR.
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lAbor, MilUri4Js an4 Equipnwru:
6.3. CONTRAcrOR shall provide competent. suitably
qualified personnel to survey and layout. the Work and per-
form con.suuction as required by the Contract Doc:uments.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or-
protection of penons or the Worle or property at the site or
adjacent thereto. and except as otherwise indicated in the
Contract Documents. all Work at the site shall be performed
during regular working hours. and CONTRACTOR will not
permit overtime work or the perlorinance of Work OD Sat-
urday. Sunday or any legal holiday without OWNER's writ-
ten consent given after prior written notice to ENGINEER.
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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 faCllities and incidentals
necessary for the furnishing. performance. testing. StarT-UP
and. completion of tbe Work.
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6.5. All materials and equipment shall be of good quality.
and new. except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR shall.
furnish satisfactOry evidence' (including reports. of required
tests) as to the kind and quality of materials and equipment.'
All materials and equipment shall be applied. installed. con-
nected. erected. used. cleaned and conditioned in accordance
with the instrUctions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assign to
ENGINEER. or any of ENGINEER's consultants. agents or .
employees, any duty or authority to supervise or direct the
furniShing or performance of the Work. or any duty or author-
ity to undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16.
, Sul1stJzuus or "Or-Equal" !ums:
6.7:1... Whenever materials or equipment are'specified:'.
or descnbed in the-Contract Documents by using, the. name; - :... . .
of a propri.:tary item or the-name. of a particular'Supplier.
. the naming: of the .item is intended'to establish'. the type,,:
function and quality required;. Unless the name is.foUowed~: .
by words' indicating. that no substitution; is. permitted.. -" ' .'
materia!sor equipmenrof 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'
wiU include the foUowing. as supplemented in the. General'
Requirements. Requests. for review of substitute items of
material and' equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON-
TRAcrOR wishes to furnish. or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof;
certifying that the proposed substitute will perfonn ade-.
quately the functions and achieve the results called for by
the general design. be similar and. of equal. substance to
that specified and be suited to the same use as. that spec.
ified. The application will sWe that the evaluatioa 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: Worle 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) tOo-
adapt the design to the proposed substitu~e: and whether
or not incorporation or use of the substitute in connection.
with the Work is subject to payment of any license fee. or
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royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi.
cated. The appiication will also contain an itemized esti.
mate of all costs that witl result directly or indirectly from
acceptance of such substitute, including costs of redesign
and claims of other contractor.; atTected by the resulting'
change. all of which shall be considered by ENGINEER
in evaluating the proposed substitute. ENGINEER may
require CONTRACTOR to fumish at CONTRACTOR's
expense additional data ab'out the proposed substitute.
6.7.1. If a specific means. method. technique. sequence.
or procedure of construction is indicated in or required' by
the Contract Documents. CONTRACTOR may fumish 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
Documems. The procedure for review by' ENGlNEER
will be similar to that orovided in paragraph 6.7.1 as applied:
by. ENGINEER and as may be supplemented in the Gen~
era! Requjrements~
6.7.3. ENGINEER will be allowed a reasonable tim.i.,
.,."ithin which to evaluate. each' proposed substitute. ENGI. .
NEER will be the sole judge of acceptability. and no" '. .
substitute will be ordered. installed or utilized without:.':
ENG INEER'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 respecno any'substitute~
ENGINEER will record time required by ENGrNEER'
and ENGINEER'sconsultants ineva:uating substitutions
proposed by CONTRACTOR and in making changes' in
the Contract Documents occasioned thereby. Whether or:
not ENGINEER accepts a proposed substitute. CON-.
TRACTOR shall reimburse OWNER for the charges of'
ENGINEER and ENGINEER's consultants for evaluat.,
ing e:ach proposed substitute.
Concerning Subcontractors, Supplien and OtJun:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor. Supplier or other person or organization I including
those acceptable to OWNER and ENGlNEER as indi-
cated in parngraph 6.8.1). whether initially or as a substi..
tute. against whom OWNER or ENGINEER may h:l\'1~
reasormble objection. CONTRAcrOR shall not be required
to employ any Subcontractor. Supplier or othe:r person ur
organization to furnish or perform any of the Wurk against
whom CONTRACTOR has reasonable objectiun.
6.8.1. If the Supplementary Conditions. require the:
identity of certain Subcontractors. Suppliers or other per-
sons or orgnnizations (including those who are: to fumish
the principnl items uf materials and equipment) to be sub.
mitted to OWNER in advance of the specified uate priur
to the Effective Dute of the Agreement for accc:prance by
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWNER's or ENGINEER's accept-
ance [either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance or objec-
tion in' the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute. the'
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization'
shall constitute a waiver of any right of OWNER or ENGI~
NEER to reject defecril'e Worle.
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 an}';;: ...
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'ENGINEERto payor to see to the paymenrof
any- moneys. due any such Subcontractor. Supplier or other.
person ororganization:.except as: may otherwise be' required:
by Laws andRe~lations. .
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6; 10. The divisions and sections of the Specifications and'
the identifications of any. Drawings shall not control. CON~ .
TRACTOR in dividing the Work among, Subcontractors or'
Suppliers. or delineating the Worle to be performed' by any.'
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the appligble terms and
conditions of the Contract- Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.1 J. CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys'
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6,12. CONTRACTOR shall pay all license fees and roy-
alties and assume all costs incident to the use in the perfor- .
mance of the Work ur the'incorpor:1tion in the WiJrk uf any.
invention. design. proceSli. product or device which is the'
subject of patent rights or copyrights held by' others~ If a .
pnrticular invention. design. process. product ur device is
specified in the Contract Documents for use in the' perfor-.
mance of the Work and ifto theactuul knowledge of OWN ER:
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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 Contract Documents. CONTRAcrOR shall indemnify
and hold harmiess. OWNER and ,ENGINEER andanyoDe
directly or indirectly employed by either of them from and
against all claims. damages. losses and expenses (including
anorneys' fees and coun and arbiuation costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the performance of the Work or resulting from the
incorporation in the Work of any invention. design. process.
product or device not specified in the Contract Documents.
and shall defend all such claims in connection with any alleged
infringement of such rights.
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Permit:t..
6.13. Unless otherwise provided in the Supplementary
Conditions. CONTRAcroR shall obtain and pay fOt' all con-
struction permits and licenses. OWNER shall assist CON-
TRAcrOR. when necessary, in obtaining such permits and
licenses. CONTRAcrOR shall pay all govcmmcnw charges'
and inspection fees necessary for the prosecution of the W ork....
wl1ich are applicable. at the tUne of opening of Bids. or if there: .
are no Bids on the Effective Date of the Agrecment~ CON-, .
TRAcrOR shall pay all charges' of'utility owners for con-..' "
. nections to the Work.. and. OWNER. shall pay all; cbarges of,'
such"utility owners for capitaL costs related thereto such'.as..
plant investment fees'. . .
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l:.tnn and RqrdtzliDru: ",
6.14.1.. CONTRAcrOR shaJI 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 CONTRAcrOR's compliance with
any Laws or Regulations.
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6-.14.2. If CONTRAcrOR observes that the Speci1i-
cations or Drawings' are at variance with any Laws or
Regulations. CONTRAcrOR 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 CONTRAcrOR perfonns any Work
knOwing or having reason to know that it is contrary to
such Laws or Regulations., and without. such notice to
ENGINEER. CONTRACTOR shaJI bear aJI costs arising
therefrom: however. it shall not be CONTRAcrOR's pri-.
mary l"CSl'onsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
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6.15. CONTRAcrOR shall pay all sales. consumer. use
and other similar taXes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
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p1ac:e of the Project which are applicable during the perfor-
mance of the Work.
Ufe of Pmftius:
6.16. CONTRACTOR shall confine construction equip- .
ment. the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden- .
tified in and pcnnitted by the Contract Documents and other .
land and areas permined 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. CONTRAcrOR shall assume full
responsibility for any damage to any such land or area.. or to
the owner or occupant thereof or of any land or areas contig-
uous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance .
oCthe Work. CONTRAcrORshall promptly attempt to settle
. with such other party by agreement or otherwise resolve the .
claim by arbitration or at law. CONTRAcrOR shall. to the
fullest extent permitted by. Laws and Regulations., indemnify'"
and hold. OWNER and ENGINEERharmJess from and against ,;." .;. '.' ......
all claims, damages. losses and' expenses (including~ but not:~
limited to. fecs of engincers. architectS. anorneysand other~",,-~ ....
. professionals and' court arid arbitration costs hlriSing.directly~..,:".'. \': :
indirect1.y or consequentially out of any action. legal or equi-;: ,:
table. brought by any such other panyagainst OWNER or.;.;"::
ENGINEER. to the extent based. on a claim' arising: out of:' ,
,~ CONTRACTOR.s~performance.:of'the:Work.
6.11. During the progresS' of the Wo~ CONTRAcrOR'
shall keep' the premises~ free. from' accumulations of waste.:.
materials. rubbish. and other debris. resulting. from. thc' Work.; '. .' _
At the completion,of theWorkCONTRAcrOR.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 shaJIleave'
the site clean and ready for occupancy by OWNER. CON-.'
. TRACTOR shall restore to origiaaJ condition all property not'
designated for alteration by the Contract Documents.
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6.18. CONTRACTOR shall not load nor permit any pan
ofany strUctUre to be loaded in any manner that will endanger
the structure. nor shall CONTRAcrOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger iL
R<<Drd DOt:U/n61US:
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 wriuen interpretations'/
and c:tarlftcations (issued pursuant to paragrnph 9.4J in good
order and annotated to show aJI' changes made during. con-,
struction. These record documents together with all llJ'PI'Oved'
samples and a COUDterpart of all approved Shop Drawings
will be available to ENGINEER for reference. Upon com-
1.6
Shop Drawingr and So.mpk:r:
6.13. After checking and verifying all field measurements'
and after complying with applicable procedures specified in
the General Requirements. CONTRAcrOR shall submit to
EJ.'\lGINEER for review and approval in accordance with the
accepted schedule of Shop. Drawing submissions (see para-., .....
graph 1.9). or for other appropriate action ifso indicated in'.
the Supplementary Conditions. five copies (unless otherwise:..'
'. . specmed:in the General Requirements) of all Shop Drawings..",.
. .... which will bear a stamp or specific written indication, that:: ';:~
CONTRACTOR shall comply with all applicable Laws and.. CONTRAcrOR has satisfied CONTRACTOR's responsi.':'
. Regulations of any public body baving jurisdiction for. the: .'. . bilities under the Contract Documents with respect to the-"
safety'ofpersons or property OitO protect them from'damage:.' review of the submission. All submissions will be identified:
injury or loss: and shall erect and. maintain all necessary:' as ENGINEER may require. The data shown on the Shop::
safeguards for such safety and protection. CONTRAcrOR.'.: Drawings will be complete with respect to quantities. dimen"':";:
shall notify owners of adjacent property andofUnderground' sioos. specified. performance and design criteria. materials:; :,,'
Facilities and utility owners when' prosecution of the' Work:" " and -similar data to enable' ENGINEER to review the infor-" ;. .
may affect. them~ and shall cooperate with. them in the pro-~' mation as required.
tection. removal. relocation and replacement of their prop-' .
ert)'.. All damage. injury or loss to any property referred co:.:"
in paragraph 6.10.1 or 6.10.3 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 co perform or furnish any of
the Work or anyone for whose acts any of them may be liable. .'
shall be remedied by CONTRAcrOR (except damage or loss.
attributable to the fault of Drawings or Specifications or to
the acts or omissions' or OWNER or ENGINEER or anyone
employed by either of them or anyone for whos~ acts eithcr
of them may bc liable. and not attributable. direl:tly or indi-
rectly. in wholc or'in part. to the fault or negligen!:c of CON-
TRACTOR). CONTRACTOR's duties and responsibilities
for the safety and protection of the Work shall cuntinue until.
such time as aU the' Work is completed and ENGINEER has
issued a notice to OWNER and CONTRACTOR in accurd-
ance with paragraph 14.13 that the Work is acceptable (exccpt
as otherwise e:<pressly provided in connection with Substan-
tial Complctionl.
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pletion of the Work. these record documents. .samples and'
Shop Drawings will be delivered to EJ."IGINEER for OWNER.
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Safety and ProtectitJn:
6.20. CONTRACTOR shall be responsible for initiating.
maintaining and supervising all safety precautions and pro- .
grams in connection with the Work. CONTRACTOR shall
. take all necessary precautions for the safety of. and shall
. provide the necessary protection to prevent damage. injury .
or loss to: .
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6.10.1. all employees on the Work and other persons
and organizations who may be affected thereby:
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6.10.1. all the Work and materials and equipment to. .
be incorporated therein. whether in storage on or off the
site: and
. 6.20.3. other property at the site or adjacent thereto. .
induding trees. shrubs. lawns. walks. pavements. road- .'
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the'
course of construction.
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6.21. CONTRACTOR shull designatc a respl1nsible rep-.
resent:ltive at thc sitc whose duty shall be: the prc\'cntion \Jf
accidents. This person shall be CONTRACTOR's superin-
tendcmt unles:l uthcn\,'ise designated in writing by CON-
TR.~CTOR [0 OWNER.
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Emergencier:
6.22. In emergencies affecting the safety or.protection of
persons or the Work or property at the site or adjacent thereto.
CONTRAcrOR. without sp-ecial instruction or authorization.
from ENGINEER or OWNER. is obligated to act to prevent
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt wrinen notice if CONTRACTOR believes
that any significant changes in the Work or variations from
the Contract Documents have been caused thereby. If ENGI-
NEER determines that a change in the Contract Documents
is required because of the action. 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.
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6.14. 'CONTR.~CTOR shall aJso'submi'[ to ENGINEER" .
. for review and approval with. such promptness as to cause-
no delay in' Work. all samples required by the Contract Doc-.
uments. All samples will hnve been checked by and accom-'
panied by a specific wrinen 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 clenrly as to material. S4Pl'lier.
pertinent data such as catalog numbcrs and the use for which
intended.
6.25. (. Before' submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri-
fied all quantities. dimensions. spcc:ified perfornmnce cri.
teria. installation requirements. materials. catalog num-
bers and similar data with respect thereto and reviewed
or coordinated each Shop Drawing or swnple with. other
Shop Drawings and samples and with the requirements of
the Work and thc Contr:lct Documents.
. 6.25.1. At the time of each' submission. CONTRAC-.
TOR shall give ENG IN E ER specific written notice of each
variation that thc Shup Drawing:! or samples' may ha.ve:-
from the requirements uf the Cllntract Documents. and.
in addition. shall cause :1 specific notation to be made on
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each Shop Drawing submitted to ENGINEER for review
and approval of each sucb variation. .
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6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawingsancf. 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 iJi 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 conSU"Uction is
indicated. in or required by the Cotaract Documents) or to'
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate'
approval of the assembly in which the item functions. CON- .
TRACTOR shall malce cotTeCtions 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.
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6.27. . ENGINEER's review and approval of Shop Draw- .
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the" requirements of the'.'
Contract Documents. unless CONTRACTOR bas in writing
called ENGINEER's attention to each such variation' at the... .
time of submission as required" by paragraph 6.2.5.! and:."
. ENGINEER has given written. approval of eac.n. suclt. varia.-..
tion by. a speQfic wrincn notation. thereofinCOl1'Orated in or.
accompanying: the. Shop Drawing or sample' approval; nor.'
. will any approval. by ENGINEER relieve CONTRACTOR
from responstbiliry for erTOl'SOr omissions in the: Shop Draw- . .
ings or from responsibility for having complied with. the pro-
visions of paragraph 6~2S.L
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6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work performed prior to ENOl-.
NEER's review and approval of the pertinent submission will
be the. sole expense and responsibility of CONTRACTOR.
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Collli1luing tJu Wart.'
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 disputc5 or disagreements. except as
permitted by paragraph. 15.5 or as CONTRACTOR and
OWNER may otherwise'agree in writing.
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lruiDnni/iaztiDn:
6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and bold !Jannjess
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims. damages, losses and
expenses. direct. indirect or consequentiaJ (including but not
limited to fees and charges of engineers, architects, attorneys
and other professionals and coun and arbitration cosu) aris-
ing out of or n:su1ting from the performance of the Work,
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provided that any such claim, damage, loss or CJtpense (a) is
attributable to bodily injury. siclcnesS, disease or qeath, or to p
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 diiect1y or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose .
acts any of them 'may be liable, regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such partY.
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants, agents or employees. by
any employee of CONTRACTOR. any Subcontractor. any'
person or organization directly or indirectly employed by any .
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable, the indemnification
obligation under paragraph 6.30 shall not be limited in any'
way by any limitation on the amount or type of damages,
compensation or benefits payable by or. for CONTRACTOR. .
or any such Subcontractor or other person or organization., . ..
under workers' or workmen's compensation acts, disability
. . benefit acts or other employee benefttacts..
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, O1angeOrders, designs' or specifications.
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ARTICLE 1-O'tHER. WORK
Rel4ud. Won!: al SiU:
7.1. OWNER may perform other worle related to the Proj_
ect at the site by OWNER's own forces. have other worle
performed by utility owners or let other direct contraA:tS therefor
which. shall contain General Conditions similar to these. If
the fact that such other work is to be performe~ was not noted:
in the Contract Documents., written notice thereof will be:
given to CONTRACTOR prior to starting any such other
work; and, if CONTRACTOR beuevC3 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 11 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 wortc. with .
OWNER's employees) proper and safe access to the site aacf .
a reasonable opportunity for the introduction and storage of'
materials and equipment and the execution of such w~. and .
shall property connect and coordinate the Wortc. with. thein_.
CONTRACTOR shall do all cutting. titting.and patching, of'
the W orle that may be required to make its several partS come
together properly and integrate with such other worX.. CON-
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.TRACTOR shall not endanger any work of others by cutting.
excavating or otherwise altering their work and will only cur
or alter their work with the written consent of ENGINEER
and the others whose work will 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
OWNER and such utility owners and other contractors.
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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 OWNER). CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra- '.
tion with CONTRAcrOR's Work except for latent or non-'
apparent defects and deficiencies in' the other worle.
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Coorribuuiorr:
7.4. . If OWNER contracts with others for the perfor-.
mance of other work on the, Project at: the site. the person' or'
organization who will have authority and responsibility for .
coordination of the activities among the various prime' con~' .
tractors wilf be identified. in the. Supplementary Conditions.. "
and the specifiC' matters: to be covered. by such authority. and:: .,
responsibility will be itemized. and the-extent ofsuch.author-..
. ity and responsibilities.willbeprovided~ intheSupplementary;.:.... .
Conditions. Unfess otherwise provided in the Supplementary. , . .
Conditions. neither OWNER norENGINEEKshallhave anv...:>'
authority or responsibility in. respect of such coordination. . " .
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ARTICLE 8-OWNER'S RESPONSIBILITIES
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8. I. OWNER shall issue all communications to CON-
TRAcrOR through ENGINEER~
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8.1. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACfOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of the fonner
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
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8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make poy-
ments to CONTRAcrOR promptly after they are due as
provided in paragraphs 14.4 and 14. [3.
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8.4. OWNER'S.duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.1 and 4.4. Pi1r.1-
graph 4..1 refers to OWNER's identifying and making avo il-
able to CONTRACTOR copies of reports of explorations and
tests af subsu rface conditions ot the si te and in existing stNe-
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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 13.10 and Ij.l. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Reprtlsenllllive:
. 9: L ENGINEER will be OWNER's representative dur->'.
jng.the construction period. The: duties and responsibilitie~t,:..'
and the' limitations of authority of ENG INEERas OWNER"s::".
representative during construction. are set forth in the: Con:~,', ".
tract" Documents and shall' not be. extended without \Ilrirten;/'.
consent of 0 WNER and ENGINEER..
Visits toSlte: ' .
9;2.' ENGINEER will make visits. to the' site at intervals:"..
appropriate to. the various stages of'construction to:obser:ve, ... ;
thC'progress and quality of the executed Worle and: to deter.. .'
mine. in general. if the Work is proceeding in accordance-
with the ConcractDocuments. ENGINEER. will not be required"
to make e:<haustive or continuous on-site inspections to check:.
the quality or quantity of the Work. ENGINEER's .:fforcs .
will be directed toward providing for OWNER a greater degree. .
of con1idence that the completed Work will conform to the'
Contract Documents. On the basis of suc~isits and on-site.
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER infonned ofthc: prog~
ress of the Work and will endeavor to guard OWNER against
defects and deficiencies in the Work.
Project Repnsenlalion:
9.3. If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Projecr Representative' to assist
ENGINEER in observing the perfonnance of the Work:.. The
duties. responsibilities. and limitations of authority of any:
such Resident Projt:et Representative and assistants wilL be'
as provided in the Supplementary Conditions.. If OWNER,
designates another agent to represent OWNER at the:. site
who is not ENGINEER's agent or employee; the"duties~. .
responsibilities' and limitations of authority. of such alhe~'
person will be as provided in the Supplementary Conditions.
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CLarijit:atioru arui. lnu,,-retlZlioru:
9.4. ENGINEER will issue with reasonabie promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents (m the form' of Drawings
or otherwise) as ENGINEER. may determine necessary. which
sbaU be consistent with or. reasonably inferable from the
overall intent of the Contract Documents. If CONTRACrOR
believes that a written clarification or interpretation justifies
an increase in the Contract Price or an extension of the .
. Contract Tune and the parties' are unable to agree to the
amount or extent thereof. CONTRAc;:rOR may make a claim..'
therefor as provided in Article 11 or Article 12.
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Authoriutf Var".mions in Won::
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'
. ConU'aCt 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 CONTRACI'OR. believes. that a. Field Order'
justifies an increase in the Contract Price or an extension of(
the Contract Time and the parties are- unable to' agree as to,
the' amount or extent thereof. CONTRACTOR may make' a
claim therefor as provid'ed in. Article Ll or 12..
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9.6. ENGINEER. will. have. authority to. disapprove. QT.' .
reject Work which..ENGINEER.believes.to. be defer:tiv~; and:
will also have authority to require special inspection or.testing..
of the. Work as provided in. paragraph. 13.9. whether or not
the Work: is. fabricated. installed or completed...
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Shop Drawings, Cluurge Orrhn aniLPaymma:
9.7. In connection with ENGINEER's responsibility for.
Shop Drawings and samples. see: paragraphs 6.23 through.
6.29 inclusive.
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9.8. 10 connection withENGINEER's responsibilities as
to Change Orders. see ArticJes 10. 11 and 12.
9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment. etc.. see Article 14.
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D~tumiruztiD1U for Unit Pri1;a:
9.10. ENGINEER will detennioe the acmal. quantities
and. classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
NEER's written decisions thereon will be finaJ and binding
upon OWNER and CONTRAcroR. 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
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to ENGINEER written notice of inrc:ntion to appeal from
such a decision. .
DeeisiDru . tI" Dispula:
9.11.. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acCeptability of the Work thereunder. Oaims. disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
claims under Articles 1 I and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal decision.
in accordance with this paragraph. which ENGINEER will
render in writing within a reasonable time. Wrinen notice of-
each such claim. dispute and other matter' will be delivered, .
by the claimant to ENGINEER and the other party to the;" .
Agreement promptly (but in no event later than thirty days)
after the occurrence of the event giVing rise thereto. and' .
written supporting data will be submitted to ENGINEER and :. .
the other party within sixty days after such occurrence unless;' , . .
ENGINEER allows' an additional period of time to asce~,
more accurate data. in support of the claim.
9.12. When' functioning as interpreter and judge under;_ ....
paragraphs 9.10 and 9.11. ENGINEER will not show par-::,':;"
tiality to OWNER or CONTRAcrOR and. will not be liabll:-' '. .
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 9.1 I withrespect:' .
to any such claim. dispute. or other matter (exc:c:pt, any which, .
have.been waived by thee making or acceptance affinal. pay~
ment as provided in: paragraph. 14.16). will be a condition,,'
precedent to. any exercise by OWNER. at 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.
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l.imiI.alioru 011 ENGINEER's Responsibi1ilUs:
9.13. Neither ENGINEER's authoritv to act under this
Article 9 or elsewhere in the- Contract Documents nor any
deasion nw:Ie 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 tenns"as
ordered". "as directed". "as required.... "as allowed". "as"
approved" or terms of like effect or import are. used. or the .
adjectives "reasonable..... suitable", ..acceptable" ~ ""prOper"
or ..satisfactory" or adjectives- of like effect or import are'
used to describe a requirement. direction. review or judgmenr . ..,
of ENGINEER as to the Work. it is intended ttuit such,
requirement. direction. review or judgment will be soieiy to,
evaluate the Work .for. compliance with the Contract Docu~
ments (unless there is a specific: statement indicating.other-
wise). The use of any such term or adjective shall not be
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effective to assign to ENGINEER any duty or authority to '.
supervise Or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary
to the provisions of paragraph 9.15 or 9.16.
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9.15. ENGINEER will not be responsible for CON-
TRACTOR's means. methods. techniques. sequences orpro-
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. .
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9. I 6. 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.
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ARTICLE lO-CHANGES IN THE WORK
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10.1. Without invalidating theA~ment 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 other-wise.....:.
specifically provided).
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10.1.' If OWNER and CONTRACTOR are unable to agree-.
as to the extent.. if any. of an increase or decre:lSe in the'
Contract Price or an. extension or. shortening of. the Contract.
Time that should be. allowed as a result of a. Work Directive'
Change. a claim may be made therefor as provided in Article
II or Article 11.
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10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
. the Contract Documents as amended. modified and supple-
mented as provided in paragrapl1s 3".4 and 3.5. except in the
case of an emergency as provided in paragraph 6.21 and
except in the case of uncovering Work as provided in para-.
graph l3.9.
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lOA. OWNER and CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendments) covering:
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lOA. I. changes in the Worle which are ordered by
OWNER pursuant to paragraph 10.1. are.required becaus~
of acceptance of defl!(.til'f! Work under paragraph 13.13 llr
correcting d,'j"ecri\'e Work under paragraph 13.14. or arc:
agree:d to by the partie:s:
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lOA.:!. changes in the Conu'uct Price or Contract Time:
which are a~ed to by.the parties: anu
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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 paragraplr.9.11:
provided that. in lieu of executing ariy 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. CON4
TRACTOR shall carry on the Work and adhere to' the prog- . .
ress schedule as provided in Paragraph ~.29.
10.5. If notice of any change affecting the general scope
'of the Work or the provisions of the Contract Documents
(including. but not limited to. Contract Price or Contract.
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notice will be CONTRAC- .
TOR's responsibility, and the amount of each applicable Bond'
will be adjusted accordingly. .
ARTICLE ll~HANGE 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 undertaken by CON,:,".. .~', " .
TRACTOR shall be, at !lis expense without change in the:.:. . .
Contract Price~ .
. 11.2. The. Co~tract Price may only be changed by a Change' ,. ...
Order or by a.WrittenAmendment~ Any claim for an increase .' .
or decrease in; the Contract Price shall' be based on written~, .
notice delivered by the party making. the claim toutbe other'
party and toENGINEERpromptly (but in no eventlaterthan
tbirty days) after the occurrence of the' event giving rise. to '
the claim and stating the: general nature of. the claim. Nonce
of the amount. of the claim with. supporting data. shall be
delivered within sixty days after such occurrence (unless.
ENGINEER allows an additional period of time to ascertnin'.
more. accurate data in support of the claim) and shall be
accompanied by. claimant's written statement that the amount . ' .
claimed covers all known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the.
occurrence of said event. All claims for adjustment. in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise uree' on the amount involved. No claim
for an adjustment i~ the Contract Price will be valid if not
submitted in accordance with this paragraph II.:!.
11.3. The value of any Worle.covered by a Change. Order
or of any claim for an increase or decrease in the' Contract.
Price shall be determined in: one of the following: ways:
. 11.3.1. Where the Work involved is covered by unit.
prices contained in the Cllntract Docume~ts. by:applic::l.-.
tion of unit prices" to the quantities- of the" Items: Involved,
(subject to the provisions of paragraphs J 1.9.1. through,
11.9.3. inclusive).
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11.3.2. By mutual acceptance of a lump sum (which
.may include an allowance for overhead and profit not.
necessari.1y'in accordance with paragraph 11.6.2.1).
11.3.3. On the basis of the Cost of the Worle (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).
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. Cost of 1M Work:
11.4. The term Cost of the Worle means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
. the proper performance of the Worle. Except as otherwise
may be agreed to in writing by OWNER. such costs shall be
in amounts no higher than those prevailing in the locality of
the Project. shall include onIy the following items and shall
not include any of the costs itemized in paragraph 11.5:
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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 aot' .. .
employed full time. on the Worle sball 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 soc:iaf
security. conaibutions. unemployment. excise' and payrolF.:. ;'"
taxes. worleers' orworlcmen's' compensation..health ancL .
retirement benefits~ bonuses, sick leave. vacation and hol- ..
iday pay applicable; thereto. Such employees shall include:
superintendents and' foremen at the: site. The expenses of .
performing' Worle after regular workinghours.on'Satur.. ..
day, Sunday or legal holidays,. shalf: be included in' the.'
above. to the extent authorized by OWNER.
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11.4.2. Cost of all materials and equipment furnished.
and incorpor:ucd in the Work. including costs of trans-
portation and storage thereof. and Suppliers' field services
required in connection therewith. All cash discounts shall.
ac:crue 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 acaue
to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained.
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11.4.3. Payments made by CONTRAcrOR to the
Subcontractors for W orlt performed by Subcontractors.
If required by OWNER. CONTRACTOR shall obtain
coml'etitive bids from Subcontractors acccJ'lable 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 Subconaaaor's Cost of the Worle
shall be determined in the same manner as CONTRAC-
TOR's Cost of the Work. All subcontra.c:ts shall.be subject
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to the other provisions of the Contract Documents insofar
as <1;lplicable. .
11.4.4, Costs of s):lecial conSultantS (including but not
limited to-engineers. architects. testing laboratories. sur-
veyors, attorneys and accountants) employc;d for services
specifically related to the Work..
. 11.4.5. SU):lplementaJ 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 maio.
tenance. of all materials. supplies. equil'ment. machin-
ery, appliances, office and temporary facilities at the'
site and l1and tools not owned by the worleers. which
are consumed in the performance of the W orlt~ and cost
. . less market value of such items used but not consumed'
. which remain the property of CONTRACTOR.
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11.4".5.3: Rentals or all constrUction ecjuipmentand;
machinery and the parts thereof whether rented; from.':
CONTRAcrOR or others- in accordance with rental"
. . agreements approved by OWNER with. the advice of. .
ENGINEER. and the.costsoftransportation.loadiDg;,
unloading, installation',. dismantling and removal:..
thcreof-all. in accordance with terms of said renta.!i'
agreements. Therental."ofany such.equipment. machm." , ,.'
cry or pans; shall cease-when. the use thereofis.no longer.:, .
necessary for theWorlc..
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1'1.4.5.4: . Sales. consumer; use- or similar taXes.'
related to the Work. and for which CONTRAcrOR is;
liable. imposed by Laws and Regulations..
11.4..5.5. De):losits 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 Worle or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the'
deductible amounts of property insurance' established:
by OWNER in accordance' with paragraph 5.9), pro-
vided they have resulted from' causes other than the.
negligence of CONTRAcroR. any SubconU'aCtOr-. or'
anyone directly or indin:et1y employed. by any of-them
or for whose.acts any of them may' be liabl~ Such"
iosses shaU 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'.
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requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for
services a fe~ proportionate to' that stated in pamgraph
11.6.1.
11.4.5.7. The' cost of utilities. fud and sanitary
facil'ilies at the site.'
. 1104.5.8. Minor expenses such as tele~s. 100l!
distance telephone calls. telephone service- at the site~.
e;tpressage and similar petty C:lsh items in connection
with the Work.
11.40.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work.
and premiums for property insurance coverage within
the limits of the deductible amounts established b\"'
OWNER in accordance with pamgraph 5:9. .
11.5.. The term Cost of the Work shall not include any of .
the following:
11.5.1. Payroll COStS and other compensation of CON.
TRACTOR's officers. executives. principals lof partner-
ship and sole proprietorshipSI~' general managers. engi-
neers. architects. estimators.. attorneys'. auditors. accoun-:
tants. purchasing 'and. contracting agents~. expeditors~
timekeepers. clerks and other. personnel employed by
CONTRACTOR whether at the site or in CONTRAC:
TOR' 5 principal or a. branch. office' for general administra- .
. tion of the Work andnot specificaUy.includedin,the'(Utreed..
upon schedule of job classifications referred. to in para-
graph 11.4. I or specifically covered by paragraph 11.4-.4-' :,
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
11.5.1. Expenses Ilf CONTRACTOR's. principal and: . .
branch offices other than CONTRACTOR's office at the'
site.
11.5.3. Any part ofCONTRACTOR's capit:1l e.'tpenses.
including interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contmct Documents to purchase and maintain the
same (except for the: cost of premiums covered by sub-
po.r:lgraph [1..+.5.9 above).
11.5.5. Costs due to the negligence of CONTRAC~
TOR. any Subcontrn~tor. or anyone directly or indirectly
employed by any of lhem or for whoc;e acts anv of them
m:lY be liahle. ind'.ldin!; but notlimired to. the ~orrection
of cJej,'('{h: \':urk. disposal ~lf materials or equipment
wrongly SU, ~,j .!....: ...,uking good any damuge to prop-
erty.
11.5.6. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in paragr.lph I.IA.
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 mutu:1lly acceptable fixed fee: or if none can'
be agreed upon.
11.6.2. a fee based on the following percentages of tlie'
various portions of the Cost of the Work:
11.6.2: I. for costs incurred under paragi-aphs 11.4. r'
and 11.4.2. the CONTRA.CTOR's Fee shall be fifteen
percent:
11.6.1.2. for COSts incurred under paragraph 11.4.3.
the CONTRACTOR's Fee shall be Fave percent: and if
a subcontract is on the basis of Cost of the Worle Plus
a Fee. the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:' .
11.6,1.3. no fee shall be payable on' the basis. of :
costs itemized under. paragraphs 11.4.4. llA.5 and. 11.5: .
11.6.2A. .the amount of creditte beallowe'd bv;'-."
CONTRACTOR to OWNER for-any- such change which-~~'
results in. <1:' net decrease' in cost will. be' the amount of,:
the' actual net decrease plus a deductioninCONTRAC-:'"
TOR's Fee by an amount equal: to ten percenrof the..... '.
net. decrease: and' '. .
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11.6~2.5.. when both:. additions. and, credits: ar~
involved, in anyone changC'. the adjustment in CON-. .
TRAcrO~s Fee:shall be. computed on the basis of.the:.:'
. net' change. in accordance with paragraphs. n.6.2.1.
through 11.6.2:4. inclusive.
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11.7. Whenever the cose of any Work is to be determined'
'. pursuant to paragraph 1104 or 11.5; CONTRACTOR wilL.
. submit in form acceptable to ENGINEER an itemized cost.
breakdown together with supporting data.
. Cash Allowances: .
11.8. It is understood that CONTRACTOR has included
in the Contract Price :111 allowances so named in the Contract
Documents and shall cause: the Work so covered to be done
by such Subcontractors or Suppliers and for such.sums within
the limit of the allowances as may be acceptable to ENGI-
NEER. CONTRACTOR agrees that:
11.8.1. The allowances include the cost to' CON-
TRACTOR (less any applicable trade' discounts I at mate-
rials and equipment required by the allowances to be. deli v-
ered at the site. and all applicable' tll.'tes:' and
11.8.:. CONTRACTOR's costs for unloadine;' and'
handling on the site. labor. installation costs. overhe:uL
profit and other e:<pemll:s contemplacedJor the' allowances,
have been included in the Contruct Price and not in the
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11.9.3~' Where' the quantity of'any item of Unit PriCe:'
Work: performed by CONTRACTOR differs materiaily:,.o" WczmznqandGlUIl"tZlIUe:
. :m~ si8I1ifi.canciy from: the estimated'q';W1tity ofsuc:h,jt~m;::'. 13.1. CONTRACTOR' warrants: and guarantees' to:":
mdicated m the.Agreement and there.ls no corresponding, . : OWNER: and: ENGINEER that all Work will be in. accor" '. . .
adjustment with res~ to any other item of Work and' if'. dance-with the Contract Documents and will not be difictive.. .' .. ..'
~ONTRAC~~R beheves that CONTRACTOR has Prompt notice of all defects shall be given to CONTRAC~
mcurred addinonal expens~ as a re~ult the~f. CON- . TOR. All defecriv~' Work. whether or- not in place~ may be' . .
TRACTOR may make- a claun for an lDC%'ease ID the Con- . rejected. corrected or accepted as provided in this Article 13;
tract Price in accordance with Aniele II if the parties are
unable to agree as. [0 the amount of any such increase.
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allowances. No demand for additional payment on account
of any thereof will be valid.
Prior to finai payment. an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actUal
amounts due CONTRACTOR on account of Worle covered.
by allowances. and the Contract Price shall be correspOnd-
ingly adjusted.
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Unit Pria Work.'
11.9.1. Where the Contract Documents provide that
all or pan of the Work is to be Unit Price Work. initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item oiU nit Price
W orktimes 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 aceor-
dance with: Paragraph 9.10..'
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11.9.1. Each. unit price will be- dcemed to: include' an,;
amount considered by CONTRAcroR to be adcquate to
cover CONTRACTOR's overhead and profit for each sep-. .
arately identified item..
ARTICLE 12-CHANGE OF CONTRAcr TIME
12.1. The Contraa Tune may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shortening of the Contract Tune shall be based on written.
notice delivered by the party making the claim to the other
party and to ENGINEER prcmpdy (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the genera.! natUre of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain mon:
accurate data in support of the claim) and shall be accom-
paiJicd by the c:lait'laJlt' s wrinen StaIcment 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 Tune
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shall be determined by ENGINEER in accordance with para_
graph 9.11 if OWNER and CONTRACTOR cannot otherwise '.
agree. No claim for an adjustment in the Contract Tune will .,
be valid if not sub mined in accordance with the requirements. . .'
of this paragraph 12.1. -
12.2. The Contract Tune will be extended in an amount
equal to time lost due to delays beyond the control of CON~
TRACTOR if a claim is made therefor as provided in para_
graph 12.1. Such delays shall include. but not be limited to. .
actS or neglect by. O'WNER or others perfonning additional. .
worle 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 noC limited to fees and charges of engineers. architects...
attorneys and ocher professionals and cOurt and arbitration . ,.
costs) for delay by either party.
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ARTICLE 13-WARRANTY AND GUARANTEE;:
. TESTS' AND INSPECTIONS:
. CORRECTION. REMOV.AL OR .
. ACCEPTANCE. OF DEFEC'I'IVE- WORK . '.
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Aa:r:u tlt Wort:
13.2. ENGINEER and ENGINEER's ~rescntatives.
dther 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 arui Inspections:
13..3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for all required inspections. tests or
approvaJs. .
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) tospectically'
be inspected. tested or approved. CONTRACTOR shall.
assume full respon~ibi1ity therefor. pay all costs in connectiolf". . .
therewith and furnish ENGINEER the required. certificates'
of inspection. testing or approval. CONTRACTOR shall also'
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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 equipm~nt proposed to be incorporated in the Work. or of
materials or equipment submitted for approval prior to CON-
TRACTO R' s pUrchase thereof for incorporation in the Work.
The cost of all inspections.. tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise' specified).
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13.5. All inspections. tests or approvals other than those
required by Laws or Regulations of any public body having'
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR (or by ENGINEER if so
, specified).
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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 of CONTRACTOR's inten-'
tion to cover the same and ENGINEER hasnoc acted with
reasonable promptness in response to such notice.
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13.7. Neither observations by ENGINEER nor inspec- .
tions. tests or approvals by. o~hers, shall relieve CONTRAC....
TOR from CONTRACTOR's obligations to perform the Work'
in accordance with the ConrractDocuments.
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Uncovering' Wark:
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13.8. !fany Work is covered contrary to thewrinen request..
of ENGINEER. it must. if requested by ENGI~EER. be:
uncovered for ENGINEER's observation and replaced at"
CONTR.<\CTOR's expense_
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13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected.'
or tested. by others~ CONTRACTOR. at ENGINEER's
request. shall uncover. e:<po~eor otherwise make available'.
for observation. inspection or testing as ENGI~EER mil\'
require. that portion of the Work in question. furnishing ail
necessary labor. material and equipment. If it is found that
such Work is de/ectil'/!. CONTRACTOR shall.bearall direct.
indirect and consequential coses of such uncovering. expo-
sure. observation. inspection and testing and of satisfactory
reconstruction. lincludinll: but not limited to fees and chart!:es
of engineers. architects. ~ttorneys and other professionals)..
and OWN ER shall be entitled to an appropriate decrease in
the Cuntr.lct Price. and. if the parties are unable to agree as
to the amount thereof. may make a claim th~refor as provided.
in Article 11. If. huwe\'er. such WlJrk is not fl'und to be
de.f(,(.tin'. CO;>.;TRACroR shall be allowed an increase in
the ClJntmct Pri.:l,; ..:r .:a c:\.ension of the Contra.:r Time. l'r
bmh. Jirectly attril.'1utable' Lv such uncovering. .:xposure'.
obsen'ution. inspectiun. testing and reconstructil'n: ami. if
the parties are unubh:: to ugret: as to the: amount \.Ir exrent
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thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles II and 12.
Owrrt/T May Slop the Work: .-
.13.10. . If the Work is defectil'e. or CONTRACTOR fails: .
to supply sufficient skilled workers or suitable materials 'or
equipment. or fails to furnish or perform the Work in such a.
way that the completed Work: will conform to the Contract,
Documents. OWNER may order CONTRACTOR to s;op the
Work. or any portion thereof. until the cause for such order'-
has been eliminated: however:. rhis right of OWNER to stop
the Work shall not give rise to any duty on the part of OWNER
to exercise this right for the benefit of CONTRACTOR or'
any other parry.
Corrt!ctiorr or Removal of Defective Work:
13.11. If required 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 nandefecri\'e Work. CONTRACTOR'
shall bear all direct. indirect and consequential costs of such" . .:..'
. correction or removal (including but not limited to fees and~.
charges of engineers. architects. attorneys and. other profes- .
.:_ sionals) made necessary thereby.' .
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OM YearCornC!uJrI PeriDd:
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.13.12.: If within one year after the' date of Substantial::'
Completion or such longer period. of time as may be: pre-'
scrib.ed, by Laws. or: Regulations. or by the terms of-any app(j~.:,. ....
cable speciaf-guarantee.required by the Contract Documents,. ; .... _
or' by any specific provision ofthe Contract Documents~. any":. :,; .
Work.is found.tob'~defecm'e.; CONTR:-\CTOR shalL promptly:
without cost to OWNER and in accordance. with OWNER's;
written instructions. either correct such defective Work. or.
if it has been rejected by OWNER. remove it from the site'
and replace it with nondefectil'e Work. If CONTRACTOR
does not promptly comply with the terms of such instructions..
or in' an emergency where delay would cause serious risk of
loss or damage, OWNER may have the defectil'e Work. cor- .
reeted or the rejected Work removed and replaced. and all
direct. indirect and' consequential costs of such removal and
replacement (inclUding but not limited to fees and charges. of
engineers. architects. attorneys and other professionals) will.
be paid by CONTRACTOR. In special circumstances where
a. particular item of equipment is placed in continuous service.
before Substantial Completion of all the Work. the correction
period for that item may start to run from an earlier dl1tc if
so provided in the Specifications or by Written Amendment.
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Acceptam:e of Defective Work:
13.13. If. instelld of requiring correction or removal and
replacement of defect;"!! Work. OWNER land... . prior to'
ENGIN EER's recommendation of final Payment. also
ENGIN EER) prefers ro accept it. OWNER may do so. CON-
TRACTOR shall bear all direct. indirect and consequentiaL
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Appliazlion for Pragress Paymelfl:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON. .
TRACfOR shall submit to ENGINEER for review an Appli- .
cation for Payment tilled out and signed by CONTRAcrOR
covering the Work completed as of the date ofebe Application.
13.14. If CONTRAcrOR fails within a reasonable time and accompanied by such supporting documentation as is
after written notice of ENGINEER to proceed [0 correcund' required by the Contra.ctDocuments. If payment is requested
to correct defective Work. or to remove and replace rejected on the basis of materials and equipment not incorporated in .
Work as required. by ENGINEER in accordance with para- the Work but delivered and suitably stored at the site or at.. . ..'
graph 13.11. orifCONTRACfOR fails to perform the Work another location agreed to in writing, the Application for .' .'
in accordance with. the Contract Documents. or if CON- Payment shall also be a.cclJmpanied by a bill of sale, invoice;:
TRACTOR fails to comply with any other provision of the.. or other documentation wamnting thatOWl'fERhas received,;' :., ;_:..,
Contract Documents. OWNER may. after seven days' writ. . themaceriaJs and equipmemfree and clear of all liens. ~:_.::,'
ten notice to CONTRACTOR. correct and remedy any such: ;. security interests and encumbrances: (whiclt are hereinafter,'. .
deficiency. In exercising the rights and remedies under this,.' in these. General. Conditions referTed to as. "Liens") and' .
paragraph OWNER shall proceed expeditiously.. To the extent". evidence thar the materials. and equipment are covercd- by:" ':
necessary to complete corrective and remedial action. OWNER,.' appropriate property insurance and, other arrangements to:'. '." . . .
may excludeCONTRAcrOR from all or-pan oithe-site. take-;, protect OWNER' s interest'therein. all: of which wiU be sat-. . .
possession ofall or par.t.' of the Work. and suspend CON-:, isf'actOry to OWNER~ The' amount of'retainage with. respect'..
TRACTOR's .services related thereto. take possession of: toprogrcsspayments will be as stipuiatedin.theAgreemelJt.~.
CONTRA.CTOR's tools. appliances. constrUCtionequipmenr. . .
and machinery at the. site and incorporacc: in the Work all: -
materials and equipment stored at the site or for which OWNER
. has paid CONTRACTOR but which are stored elsewhere.
CONTRAcrOR shall allow OWNER. OWNER's represen-
tatives, agents and employees such access to the site as may-
be necessary to enable OWNER to exercise the rights and.
remedies under this paragraph. All direct., indirect and con- .
sequential COStS of OWNER in exercising such rights and
remedies will be charged against CONTRAcrOR 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 rcspea to the Work: and
OWNER shall be entitled to an appropriate decrease in the
Contract Price. and, if the' parties are unable to agree as to
the amount thereof. OWNER may make a claim therefor as
provided in Article 11. Such direct, indirect and consequen-
tiaJ costs wllI inc:lude but not be limited to fees and charg~
of engineers. architects. attorneys and other professionals.
ail court and arbitration costs and all costs of repair and'
replacement of work of others destroyed or damaged by
coJTeCtion. removal or replacement of CONTRACTOR's
defective Work. CONTRACTOR shall not be allowed an
extension of the Contract rune because of any dciay in per_
formance of the Work attributable to the exercise by OWNER:
ofOWNER's rights and remedies hereunder.
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costs attrIbutable to OWNER's evaluation of and detenni.
nation to accept such defective Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to' fees and charges.of engineers. architects. attor-.
neys and other professionals). if any such acceptance occurs
prior to ENGINEER's recommendation of fina! payment. 3-
Change Order will be issued incorporating the necessary revi-
sions in the Contract DocumentS. with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in
the Contract Price. and. if the parties are unable to agree as
to the amount thereof. OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRAcrOR to OWNER.
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OWNER May Cornet Dqectiw Wort:
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ARTICLE I4-PA YMENTS TO CONTRAcrOR AND
COMPLETION
S~ ofYalue$: .
14.1.' The schedule of values established as provided in .
paragfai'h 2.9 will serve as the basis for progress payments .
and will be incorporated into a fonn of Application for Pay.
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
. units completed.
CONTRACTOR's WIZlnIIIly of Tau:
14.3.' CONTRAcrORwammts and guarantees that tide
to all Work. materials and equipment covered by any Appli-
cation for Payment.. whether incorporated in the Project or
not. will pass to OWNER no later than the time of payment:
free and clear of all Liens,
Re'll~w of Applialtioru for Pragrr:ss Ptq7lUlIl:
14.4. ENGINEER will, within ten days after receipt of
each Application for Payment, either indicate in writing a'
recommendation of payment and present the Application to
OWNER. or return tbe Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons. for refusing to n:t:.
ommend payment. In the 1aaer case. CONTRAcrOR may
make the necessary corn:ctions 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 parigraph 14.7) become due and wben due will be ~ by .
OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constimce- a
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representation by ENGINEER co OWNER. ba~ed on ENGI-
NEER's on-site observations of the Work in progress as an
experienced and qualified'design professional and on ENGI-
N EER' s review Of the Application for Payment and the
accompanying data and schedules that the. Work has pro-
gressed to the' point indicated: that. to the best of ENGl-
NEER's knowledge. information and belief. the quality of
the .Work is in accordance with the Contract Documencs
(subject to an evaluation ofche Work as a functioninsz whole'
prior to or upon Substantial Completion. to the result; of any
.subsequent tests cal[ed for in the Contract Documents. to a
final determinacion of quanti~ies and classifications for Unit
Price Work under paragraph 9.10. and to any other qualifi-
cations stated in the recommendationl: 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 che quantity of the Work beyond the. .
responsibilities specifically assigne~ to ENGINEER in the
Contract Documents or that there may not be other matters.
or issues between the parties that might entitle CONTRAC.
TOR to be paid additionally by OWNER or OWNER to_
withhold payment to CONTRACTOR.
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l4.6. ENGINE~'s recommendation of final payment"
will constitute an. additional representation by ENGINEER.
to OWNER that the conditions precedent to CONTRAC- .
TOR's being entitled to final paym'ent as set forth in paragraph
'14.13 have. been fulfilled. .
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14.7. ENGINEER may refuse to recommend the whole.
or any part of any payment if. in ENGINEER's. opinion. it:
: would.be incorrect. to make such representations to OWN ER.:
ENGINEER may also refuse to recommend any such pay-
ment. or. because of' subsequently discovered evidence or'
the results of subsequent inspections or tests. nullify any such
payment previously recommended. to such extent as may be
. necessary in ENGINEER's opinion to protect OWNER from
loss because:
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14.7.1. the Work is defeC"ri\'e. or completed Work has
been damage? requiring correction or replacement. .
I..U.2. the Contract Price has been reduced by Writ-
cen Amendment or Change Order.
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14.7.3. OWNER has been required to correct delet..
ril'/! Worle or complete Work in accordance with paragrnph
13.14. or
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1~.7.4. of ENGlNEER's actual knowledge of the
oCCurrence orany of the' events enumerated in paragraphs
15.1.1 through 15.1.9 inclusive.
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OWNER may refuse to make payment of the full amount"
recommended by ENGINEER because claims have been
made against OWNER on account ofCONTRACTOR's per-
formance or furnishing. of the Worle or Liens have been filed.
in connection with the Work or chere are other items entitling
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OWNER to a set-off against the amount recommended. but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for such
action.
SubstantiJzl Completion:
[4.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify .
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENGrN EER shall make an inspection of the Work' to deter-
mine the Status of completion. If ENGINEER does not con-
sider the Work substantially complete, ENGINEER will notify
CONTRACTOR in. 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. OWNERshall have seven.day.s . .
after receipt of the tentative' certificate during which to make; .
written objection to ENGINEER as to.any provisions of the::;'
certificate or attached Iist~ If. after considering such objec-~':" '.
tions. ENGINEER concludes thatthe Work: is not substan~':"
tially. complete. ENGINEER will within fourteen days' after...,
submission of the tentative certificate to OWNER. notifY.:. ";
CONTRACTOR in writing, stating the reasons therefor. IL'
after consideration of OWNER's objections., ENGINEER,
cons,iders the Work substantially complete: ENGINEERwiU:'
within said' fourteen days' execute and deliver to OWN ER.'
and CONTRAcrOR a definitive certificate of SubstantiaL
Completion (with a revised tentative list of items- to be' com-: .
pleted or corrected) reflecting such changes from the tentative'
certificate as ENGINEER believes justified after consider~
ation of any objections from OWNER. At the time of delivery; .
of the tentative certificate of Substantial Completion ENGI~
NEER will deliver to OWNERand CONTRACTOR a wrinen .'
recommendation as to division of responsibilities. pending.
final payment between OWNER and CONTRACTOR. with
respect to security. operation. safety. matntenance. heat.
utilities. insurance and warranties. Unless OwNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the definitive
certificate of Substantial Completion. ENGINEER's afore-
said recommendation will be binding. on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion. but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the- tenmtive list.
Partial Utili:Juion:
14.10. Use by OWNER of any finished part urche Work.
which has specifically b~n identified in the Contract Do.:u-
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14.10.1.. OWNER at any' time may request CON- .
TRACTOR in writing to permit OWNER to use any such
part of the W orle which OWNER believes to be ready for
its. intended use and substantially complete. If CON-
TRACTOR agrees. CONTRAcrOR will certify to OWNER
and ENGINEER that said part of the Worle is substantially
complete and request ENGINEER to issue a certificate of
Substantial Completion fOt' that part of the Worle. CON-
TRACTOR at any time may notify OWNER and ENGI-.
NEER in writing that CONTRAcrOR considers any such
part of the Work ready for its intended use and substan- FUud ApplialJion for Papru1Jl:
tially complete and request ENGINEER to issue a certif- 14.12. After CONTRACTOR has completed all such cor-
icate of Substantial Completion for that part of the Work.. rections to the satisfaction of ENGINEER and delivered all
Within a reasonable time after either such request. OWNER... maintenance and opcr.uing instrUctions. schedules. guaran-
CONTRACTOR and ENGINEER shall make an inspcc- tees. Bonds. certificates of inspcaioD. rnarlced-up reco~ '.
tion of that part of the Work to determine its s.atus of.'. documents (as provided in paragraph 6.19). and other docu~.. .. .
completion. If ENGINEER does not consider-that part or:: ments--alLas required by the ContraCt Documents. and' mer ..: .; .
the Work. to be substantially complete. ENGINEER wilt. ENGINEER has indicated that the Work is' acceptable (sub-.
notify OWNER and CONTRACTOR in writinggiving.the-..., . ject. to the provisions of paragraph l4.J6). CONTRAcrOR,-.~
reasons therefor. If EN GIN EER. considers thatpart of the..:' may make application for final payment following the pro,.: ~,;'.'
Work to be substantially complete. the provisions of para':,: cedi1re for progress. payments. The finar APl)lication for Pay-, '.; - ·
graphs 14.& and.. 14.9 will apply. with respect. tocertificatioQi: ment shall be accompanied. by. all, documentation' called' fOr,' .'
of Substantial Completion of that part.of the Work" and the;'. ..' in the. CentraCtDocuments. together with' complete andlegally;~ .
division of responsibility in respect thereof and access.' effective releases or-waivers (satisfactory to OWNER) ofalli.: :.'
thereto. Liens arising OUt. of or- tiled' in connection with the Work. In;;, -
. lieu thereofand.as.appt'Ovcd.:by OWNER. CONTRAcrOR.:'.'
may furnish- receipts or relcases~incful1; an. affidavit of CON- .
TRACTOR that the releases, and recerpts include all labor; .
scrv1ces. material and'. equipment for which a Lien could ber .
filed. and that. all payrolls. material and equipment bills. and
other indebtedness connected with the Worle for which
OWNER or OWNER' s property might in any way be respon-
sible. have been paid or othetwise' 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 coUaterai satisfac~
tory to OWNER to indemnify OWNER against any !.:ien.
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ments. or which OWNER. ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part of the Work. ~t can be usea by OWNER without sig-
nificant interference with CONTRAcrOR's performance of
the remainder of the Worle. 'may be accomplished prior to
Substantial Completion of ail the W orle subject to the follow-
ing:
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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 part of the Work to determine
its statuS of completion and will prepare a list of the items: .
remaining to be completed or corrected thereon before,'
final payment. If CONTRAcrOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed.
or corrected and will deliver such list to OWNER and
CONTRACfOR together with a written recommendation
as to the division of responsib1lities pending final payment
between OWNER and CONTRACTOR with respect to.
security. operation. safety. maintenance; utilities. insur-
ance. warranties and guarantees for that part of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such part of the
Work. OWNER shall allow CONTRACfOR reasonable'
access to complete. or correct items on said list and to
complete other related Work.
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14.10.3. No occupancy or separate operation of part
of the Work will be accomplished priorto compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
FUud /1Up<<tion:
14.11. Upon written notice from CONTRACfOR that the
entire Worle 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 Worle is
incomplete or defectiv~. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
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FUud PflY1M1Il and ACC6pllUlCe:
14.13. If. on the basis of ENGINEER's observation of
. the Work during cOl1SU'Uction and final inspection. and
ENGINEER's review of the' final Application for Payment.
and accompanying documentation-aU as required. by. the
Contract :Qoc:uments. ENGINEER is satisfied that the Worle,.'.
has beJ:n completed and CONTRACTOR'somerobligations'
under the ContraCt Documents have been fulfilled,. ENGI-
NEER will. within ten days after receipt of the final Applh
cation for Payment. indicate in writing, ENGINEER's rec~
oaunendation of payment and. present. the Application' to
OWNER for payment. Thereupon- ENGINEER will give
written notice to OWNER and CONTRACTOR thanhcWork.
is acCCJJtable subject to the provisions of paragraph 14.16.
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Othel"Nise. 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 recomrnen-.
dation and notice of acceptability. the amount recommended
by ENGINEER will become due and will be paid by OWNER'
to CONTRACTOR.
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14.14. If, through no fault of C.ONTRAcrOR. 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- .H
pleted and accepted shall be submitted by' CONTRACTOR.
. to ENGINEER with the Application for such.payment. Such..;:'
paymenrshall be made under the terms and conditions gov- ,-'
eming final payment, e:tcept tbat it shall not constitute a'. .'
waiver of daims. '.
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Contractor's Continuing Obligalioff:
14.15. CONTRAcrOR's obligation to perform and com,.
pIete the Workin'accordancC' 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 b~:
OWNER to CONTRACTOR under the Contract Documents.
nor any use or occupancy of the Work or any part thereof by:
OWNER. nor any act of acceptance by OWNER nor an~i' .
failure to do so. nor any review and approval of a Shop"
Drawing. or sample submission. nor the issuance of a notice.'
of acceptability by ENGINEER pursuant to paragraph 14.13.
nor any correction of defective Work by OWNER will con-
stitute an acceptance of Work not in accordance with the..
Contmct Documents or a relellSe ofCONTRAcrOR's obli-
gation to perform the Work in accordance with the Contract"
Documents (except as provided.in pamgraph 14.161.
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Waiver of Claims:
1...16. The making: and acceptance of final payment will
constitute:
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1....16. t. a waiver of all claims by' OWN ER against
CO~TRACTOR. except claims. arising from unsettled
Liens. from def(!ct;n' Work appearing after final inspec-
tion pursuant to par.lgraph 14.11 or from failure to comply
with [he Contract Documents or the. terms of ~ny special.
guurnntees specified therein: however. it will n~)( consti-
tute a waiver hy OWN ER Ill' any rights in resp~ct l1f
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CONTRACTOR's continuing obligations under the Con-
tract Documents: and
14.16.2. a waiver of. all claims by CONTRACTOR
agains.t OWNER other than those previously made in writ-
ing and still unsettled. '.
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ARTICLE I5-SUSPENSION OF WORK AND
TERMINATION
OwnerMay Suspend Work:.
15.1. OWNER may. at any time and without cause. sus,.
pend the Work or any portion.thereoffor a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fi.'( the date on which Work wiu 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 11:
and 12. .
Owner May TermiruzU: .
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. 15.2:. Upon 'the occurrence of anyone. or more. of. the'
followingevencs:. '. .
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15.2: 1.'. if CONTRACTOR commencesa. voluntllrycase:
. under any chapter of the Bankruptcy Code ("TItle ll~ United:.
States' Code). as. now' at'" hereafter in effect. or if CON...
TRACTOR takes anyequivalentorsiinilar.action by tiling,
a. petition. or otherwise-under any other federal or state.:
law in effeCt". at such: time: relating, to' the bankruptcy or
insolvency:
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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--.Qr insolvency,:. .
IS .2.3. if CONTRACTOR makes a general assignment
for the benefit of creditors:
15.2.4. if a trustee. receiver. custodian or agent of
CO NTRACTO R 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 writi~g-an inabil-
ity to puy its debts gener.1lly as they become due:
15.2.6. if CONTRACTOR persistently fails to perfonn
the Work in accordunce with the Contrnct Documents.
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(including. but not limited to. failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to. the pro@:r'ess schedule established under
. paragraph 2.9 as revised fr~m time to time):
15.2.7. if CONTRACTOR disregards taws or Regu-'
lations o(any public body h,avingjurisdiction:
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15.2.8. if CONTRACTOR disregards the authority of
ENGINEER: or
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15.2.9. if CONTRACTOR oth.crwise violates in any
substantial way' any provisions of the Contract Docu-
ments ;
OWNER may, after giving CONTRACTOR (and the surety.
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations. terminate the services
of CONTRACTOR. exclude CONTRACTOR from the site .
. and take possession of the Worleand or all CONTRACTOR's
tools. appliances. construction equipment and machinery at
the site and use the same to the full extent they could. be used
by CONTRACTOR (without liability to CONTRACTOR for
. trespass or conversion I . incot'l'onlte 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. CONTRAcrOR shall not. be.. entitled.. to receive any.. .' .
further payment until .the. Work: is, finished. If the unpaid
balance oithe 'Contract: Price exceedS. the direct. indirect. ~d:: '
consequential costs of completing. the. Work. (inclUding: but'
not limited to fees and: charges'ofengineen. architects~ attar-,
neys and other professionals and. court and arbitration costs)
such excess will be paid' to CONTRACTOR~ If such costs:.
exceed such unpaid, ba1ance~ 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.
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15.3. Where CONTRACTOR's services have. been so
terminated by OWNER. the termination will not affect any.
rights or remedies of OWNER against CONTRAcrOR then': - .
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRAcrOR by OWNER will .
not release CONTRACTOR from liability.
15.4. Upon. seven days' wrinen notice to CONTRAC-'
TOR and ENGINEER. OWNER may. without cause and'
without prejudice to any other right or remedy I elect to aban-
don the Worle and terminate the Agreement. In such case.
CONTRAcrOR shall be paid for all Work executed. and any
expense sustained plus reasonable termination expenses. which
will include, but not be limited to. direct. indirect and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects. attorneys and other professionals
and court and arbitration costs). .
Conl1Tlctt1r M~ Stop Work or TBnrriruzu:
15.5. 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 court or other public authority,
or ENGINEER fails to,act on any Application for Payment^. ...
. within. thirty-days after it is; submitted. or OWNER. fails. for. ;': ;
thirty days to pay CONTRACTOR any sumfinally:deter~;,:" '.'
mined to be dUe. . then CONTRACTOR may; upon. seven ".\.: ...:....'.:
days' written ' notice to, OWNER and' ENGINEER. termii1ace. .:~:' < '.
. the Agreement and recover from OWNER payment. for.' all.. : .
Worl"executed~ and any expense sustained plus. reasonable." :>,.'.
termination' expenses'. lit: addition' and:io. lieu' oftermii:mtini:" '.'
. the' Agreement, if"ENGINEER hasfaifed:toact 00. an;App!i:r.:':':"
cation for-PaymentorOWNERhas faiIed'tomakeany"pay-';~' ,i
ment. as. aforesai~ CONTRACTOR may upon seven. days.":"
written notice. to:QWNERand ENGINEER' stoJ:t.theWork. '.
until payment orall amounts then'due:. The-provisionS' of.this,~
paragraph shall not relieve CONTRAcrOR oftheobligatioQS' .
under paragraph. 6.29 to' carry on the. Work. in accordance;:"
with the progress schedule and without delay during disputes.
and disagreements with OWNER.
;1
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ARTICLE 16-~ARBITRATION
16.1 All clB.iIns, disputes and other matters in ctues:t1on' between"
OWNER and ~ONTRACTOR arising out of, or relating to, the Contract Docu-
ments or the breach thereof shall be decided under Georgfa Law in,the
Superior Court 0 f Richmond County, Georgia.. " .
.'
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ARTICLE 17-MISCELLANEOUS
Giving Notic~:
17.1. :whenever any provision of the Contract Docu-
ments requires- the giving of written notice, i~ will be deemed
to have been validly given if delivered in person to theindi-
vidual or to a member of the firm or to an officer of the
corporation for whom it is intended. or if delivered at or sent.
by registered or certified mail. postage prepaid, to the last
business address known to the giver. of the notice.
COmputlllioll of Tiine:. . . ..' .' '. '. . .
."" 17.2."1." 'When iuiyperiod dftimeis referred to in the'
Contract Documents by days. it will be.computed to exclude
the first and include the last day of such period. If the last.
day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be: omitted from the computa-::.
tion.
17.2.2. A calendai day of twenty-four hours measured'
from midnight to the next midnight shall constitute a day.';'
. ~1Urai: . -, ". . .'. .
17.J. Should OWNER or CONTRACTOR suffer: injury..
. or damage to person or property.' becaUse of any ~rror.,omiS-
:', "
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sion or act' of th~' other PartY or of any' of the other ~. 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 first observance of such
injury or damage. The provisions of this paragraph 17.3 shall
not be construed. as a substitute for or a waiver of the pro-
visions of any appliCable statute of limitations or repose..
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under ta the parties hereto. and, in particular but without.' .
limitation. the warranties. guarantees and obligations. imposed
upon CONTRACTOR by paragraphs 6.30. 13.1.13.12.13.14.
14.3 and 15.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder. are in addition to.
'. and are not to be construed in any way as a limitation of. any'
. rights and remedies 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-.< ,'.
,..c. tian, right and remedy.to whiCh they apply. All representa~.<; .j;
tions. warranties and guarantees made. in'. the Contract Doc,.:>"'. !: .
. uments,. will. survive final. payment and. .tennination' or como:' :'::'~:". ../ .
Pletio~..o[th~~,.A..."greement.. ..... . ..... . ':..' . <'. . .". ":"/",>.;,.,,:
,;. .'.........1. - " . .
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SUPPLEMENTARYCONDTIaONS
1.1 OWNER'S LIABTI.JTY & PROPERTY INSURANCE:
Section 5.5,5.6,5,7,5.8,5.9,5.10 of the General
Conditions shall be amended as follows:
No additional liability or property insurance will be purchased by Augusta-
Richmond Co~try 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 ofhis subcontractors to procure
and to maintain during the life ofhis 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 ofhis 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 conilection with the construction of the project.
(c ) Work in close proximity to existing water lines, telephone lines,
gas lines, other utilities and private structures contiguous
to the job site
SC-I
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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' SURVEYS:
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 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 Public Works Director, or his official designee.
1.8 UNDERGROUND UTILITIES:'(References 4.3, 1.4,3.2)
The Contractor shall coordinate with all utility companies through the
"One Call" method or other appropriate steps to locate and avoid damage to all
utilities that may affect or be ~ected by the Contractor's work.
1.9 SAFETY: (Reference 6.20)
The Contractor shall use certified flagmen, barricades and signs as
necessary to notify the public, in particular, those persons driving in the vicinity
of the project, of the construction and its affect on traffic.
SC-2
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SECTION P
PROPOSAL
Date: ,,(u(;,I.JST I ~ 2..007-
Gentlemen:
In compliance with your invitation for bids dated , 2002, the
undersigned hereby proposed to furnish all labor, equipment, and materials, and to
perform all work for the installation of drainage improvements referred to herein as:
GLENN HILLS DRIVE SIDEWALK
In strict accordance with the Contract Documents and in consideration of the amounts
shown on the Bid Schedule attached hereto and totaling: ~ 7~
TM~c ~<A-JDRf:.D t!LEVEtJ 1'J../tHJSANl:> TWb ~UN~f) S/'I"i"~.~"l /100
DOLLARS ($ 3112./(, .l~ )'
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 lQ calendar days after ~e date of written notice to proceed, and that he
will complete the work within 130 calendar days.
The 'undersigned acknowledges receipt of the following addenda:
AOOEI..1TH&Y\ ,..10. I A,,,,, 0( 2.80'1-
Respectfully submitted
A fAC - CoEo 1l.61A. I He
(Name ofFirmf
f. (J. ~O^ (J'l,ct AcJ c;1.U7A_ GA
~~~
Title: A s.rr: J" fEC-'
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7/16102
GLENN IDLLS SIDEWALK
"""~-
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~-ft~w.~" !t5.~:. -. ., ,,. .. ; .
150-ABCD DESIGN CONSULTANT FEE LS 1 22S00.00 22. "ia~. o~
150-1000 TRAFFIC CONTROL LS 1 IO~(')600c) 10 '00. 0 \)
CONSTR, MAINT & REMOVE BALED STRAW EROSION J. '70
163-2051 CHECK LF 1500 rsro. 00
171-0010 TEMPORARY SILT FENCE, TYPE A LF '.100 5. r6 ~f'o. 00
207-0203 FOUND BKFILL MA TL, TP 2 CY 55 "II. 00 2 2.SS'. ~D
228-1000 GRADING-MODIFIED,INCL HAUL MI 0.91 '2. 'l. ~()(). 011 2.0'141.00
230-1000 LUMP SUM CONSTRUCTION · LS 1 J<J IM.OO ~, I~O. 00
,
310-1101 8" .:;;, TN 800 '2.0.50 ( (, lH1o. 00
318-3000 AGGR SURF CRS TON 100 18. (J 0 I t1 On .Ou
RECYCLED ASPH CONC LEVELING, INCL BITUM
402-1812 MATL &H LIME TON 50 !3. ~_~ 1. {, ~ 1. 50
RECYCLED ASPH CONC 25 MM SUPERP A VB. GP 1 OR ~. ~IJ I ~'760. 00
402-3121 2, INCL BITUM MA TL & H LIME TON 400
RECYCLED ASPH CONC 12.5 MM SUPERPA VB. GP 2
402-3130 ONLY, INCL BITUM MA TL & H LIME TON 200 n. (S- f 0 '796. d 0
413-1000. BITUM TACK COAT . GL 300 1.00 J 0". ,,0
441-0016 DRlVEW A Y CONCRETE, 6 IN TIIICK SY 100 :1<<1-- 6 0 a.lfo,. 0 0
441-0104 CONCRETE SIDEWALK, 4 IN SY 2,400 J/ 00 t{.o iloo.oo
441-4020 CONCRETE VALLEY GUTIER, 6 IN SY 100 1'+. 0 0 9-" OD. 0"
441-6022 CONC. CURB & GUTIER, 6 IN X 30 IN, TP 2 LF 2Aoo '7. , () r;')./tIJ. 'D
500-3200 CLASS B CONCRETE (RETAINING WALLS) CY 12 1", 611 'f4~O. 00
500-9999 CLASS B CONC, BASE OR PAVEMENT WIDENING CY 40 19/.1.S- f''J.S'O.Oo)
550-1150 STORM DRAIN PIPE, 15 IN, H 1-10 CRCP) LF 30 j"r. 00 " J 7 O. "0
550-1180 STORM DRAIN PIPE, 18'IN. H 1-10 CRCP) LF 400 1-/. 0 0 i''1oo. O.
550-1240 STORM DRAIN PIPE, 24 IN, H 1-10 (RCP) LF 400 ').7.4" /0 S:."..O
550-1300 STORM DRAIN PIPE, 30 IN, H 1-10 CRCP) LF 400 J~. 06 / <I ~,,)..o
550-3800 CLASS A CONC, INC. REINF. STEEL - CY 2 /orf't. t!J . 9-11'1 D. , 0
550-4215 FLARED. END SECTION, 15 IN, STORM DRAIN EA 2 12.D. 10 ~<I(). tJ 0
550-4218 FLARED END SECTION, 18 IN, SIDE DRAIN EA 2 150.00 7on.. flO
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7/15/02
GLENN HILLS SIDEWALK
550-4224 FLARED END SECTION, 24 IN, STORM DRAIN EA
550-4230 FLARED END SECTION 30 IN, STORM DRAIN EA
573-2006 UNDDR PIPE INCL DRAINAGE AGGR, 6 IN LF
603-0006 FILTER BLANKET, 6" SY
603-1012 STN PLAIN RIP RAP, 12 IN, TYPE 1 SY
611-4001 RECONSTRUcr MINOR DRAINAGE STRUCTURE EA
611-8050 ADJUST MANHOLE TO GRADE EA
611-8055 ADJUST MINOR STRUCTURE TO GRADE EA
611-8120 ADJUST WATER METER TO GRADE EA
611-8140 ADJUST WATER VALVE BOX TO GRADE EA
653-0120 TIiERMOPLASTIC PVMT MARKING, ARROW, TP 2 EA
TIiERMOPLASTIC SOLID TRAFFIC STRIPE, 5 IN,
653-1502 YELLOW, LF
653-1704 TIiERMOPLASTIC SOLID TRAFFIC STRIPE; 24" WHITE LF
. 653-1804. TIiERMOPLASTlC SKIP TRAFFIC STRIPE, 8 IN, WHITE LF
668-1100 . CATCH BASIN, GP 1 EA
668-1110 CATCH BASIN, GP 1, ADDL DEPTII LF
668-2200 DROP INLET, GP EA
668-4300 STORM SEWER MANHOLE, TP 1, EA
668-7015 15" BOX TYPE EA
670-9710 RELOCATE EXISTING FIRE HYDRANT . EA
670-9720 RELOCATE EXISTING WATER VALVE, lNCL BOX EA
700-5000 GRASSING, COMPLETE lNCL SOD LS
TOTAL
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· Lump Sum Constnlction includes, but is not limited
to: Grading, Clearing, Constnlction Layout, Sawed
Joints, Mobi)ization, etc., and any work not covered by
a specific pay item.
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May 41, 1998
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
(For "Off-System" Contracts Only)
,tJV'OTc: -r#/-s .oOCVM~~7 /p,8E
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A.!'PHAL71C ~C~G7'F f(,/I"',;~"'/9Va I,;'~>ttr
SECTION 400 - HOT MIX ASPHALTIC CONCRETE CONSTRUCTION
400.02 MATERIALS: Delete Items H. and J. and substitute the following:
H. Bituminous Tack Coat:
Asphalt,Cement Grade PG 58-22, PG 64-22, PG 67-22
820.01
400.0S.C.4: LEVELING COURSE: Delete second paragraph and substitute the following:
Mixtures for leveling courses shall meet the requirements of the approved Job Mix Formula as
defmed in Subsection 400.06 and all appropriate requirements of Section 828 and will be subject
to Acceptance as stated in Subsection 400.07.A.
TABLE 400.0S.C.4.a.: PATCffiNG AND LEVELING: Delete and substitute the following:
Thickness
Rate of Spread
Type of Mix
Up to 3/4"
3/4" to 1 1/2"
1 112" to 2"
2" to 3"
Over 3"
Up to 85 lbsJs.y.
85 lbs.ls.y. to 165 IbsJs.y.
165 IbsJs.y. to 220 IbsJs.y.
220 IbsJs.y. to 330 IbsJs.y.
Over 330 lbs./s.y.
4.75 mm Mix or 9.5 mm Superpave
9.5 mm Superpave
12.5 mm S uperpave .
19 mm Superpave
25 mm S uperpave or 37.5 mm S uperpave
400.0S.D.1. nnCKNESS OF LAYERS: Delete and substitute the following:
Mix Type
Minimum
Layer
Thickness
Maximum'
Total
Thickness
Maximum
Layer
Thickness
37.5 mm Superpave
25 nun Superpave
19 mm Superpave
12.5 mm Superpave
9.5 mm Superpave
4.75 mm.Mix
3" 5".
3" 5".
1 3/4" 3"~
1 3/8" 2"
7/8" (85 lb/s.y.) 1 112"
3/4" (80 Ibis.y.) 1 118"
6"
4"
2"
· On trench widening, allow up to 6" per lift.
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400.05.D.3. ROLLING OPERATION: Delete the last sentence and add the following:
Pneumatic- Tired roIIers shall be used in conjunction with breakdown roIIers on all surface and
subsurface courses except that pneumatic-tired rollers may be excluded at the discretion of the
Engineer when polymer modified asphalt is used in the Asphaltic Concrete mixtures.
400.0S.E. CONTINUITY OF OPERATIONS: Delete and substitute the foIIowing:
Plant production, transportation, and paving operations shall be so coordinated that a uniform
continuity of operation is maintained. If spreading operations are interrupted, the Engineer may
require that a transverse joint be constructed any time the mixture immediately behind the 'paver
screed cools to less than 2500 F.
400.0S.F.: CONSTRUCTION OF CONTROL STRIPS AND DETERl\1INATION OF
TARGET DENSITY: Delete and substitute the following:
Construction of control strips will not be required and 96% of Laboratory Density shall be used
to control compaction or if job conditions warrant, the Engineer may establish a maximum
practical density. ,
For Asphaltic Concrete with a plan spread rate of 125 IbsJyds.2 or less, density tests will not be
required. These courses shall be compacted as follows:
1. Co.MP ACTION EQUIPMENT: The compaction equipment must be in good
mechanical condition and capable of compacting the mixture. The number, type,
size, operation, and condition of the compaction equipment shall be subject to the
approval of the Engineer. A minimum of the following equipment shall be required:
a. One steel wheel breakdown roller weighing at least 10 tons or vibratory roller
operating at low amplitude and at a minimum frequency of 47 Hz.
b. One rubber tire roller weighing at least 8 tons or' exerting at least 80 lbsl in.2
contact pressure. .
c. One steel wheel finishing roller weighing at least 8 tons or vibratory roller
operating in static mode.
2. ROLLING OPERATION: Rolling shall be started as close behind the spreader as
possible without 'excessive distortion of the mix and shall be continued until roller
marks are no longer visible. A minimum rolling pattern shall consist of 2 coverages
with the breakdown roller, 6 coverages with the Pneumatic-Tired roller, and 2
coverages with the steel wheel finish roller.
tOO.OS.G.: MIXTURE NOT REQUIRING CONTROL STRIPS: Delete this Subsection.
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400.06.A.8. Delete and substitute the following:
8. The results of a design study providing the necessary information to conform to the
appropriate requirements of Section 828. The Contractor shall be responsible for all
asphaltic concrete mix designs.
All proposed Job Mix Formulas shall be submitted for approval at least two weeks prior
to beginning mixing operations. No Hot Mix Asphaltic Concrete work shall be started
nor shall any mixture be accepted until the Engineer has approved a Job Mix Formula
for the mixture to be used.
400.01. ACCEPTANCE PLANS: Delete all references to pay adjustments and pay factors. In
addition, delete 400.07.A, Gradation and Asphalt Cement Content, and substitute the following;
A. CONTRACTOR ACCREDITATION OF MATERIALS SAMPLING AND TESTING
OF ASPHALTIC; CONCRETE: Asphaltic Concrete Mixture shall be randOmly sampled and
tested by the Contractor or Contractor's Representative. In addition, these tests results may be
used for Acceptance on a I,.ot basis. Failure to comply with the requirements listed herein may
subject the plant facility to removal from the list of approved Hot Mix Asphaltic Concrete Plants
(QPL-4S).
A Lot shall consist of the number of tons of Asphaltic Concrete produced and placed each
production day; however, if this production is less than 500 tons, or its square yard equivalent, it
may be incorporated in the next working day's production. In the event the frnal day's
production is insufficient to constitute a Lot, it may be included in the Lot for the previous day's
run, or at the discretion of the Engineer, may be treated as a separate Lot with a corresponding
lower number of tests.
1. QUALITY CONTROL PROGRANf: This Quality Control Program allows the
Department to accept the Contractor's quality control tests as Acceptance Tests for
Asphaltic Concrete mixtures. The Contractor's Quality Control Program as
established in S.O.P. 27, "Quality Assurance for Hot Mix Asphaltic Concrete Plants
in Georgia;" shall include, but not b~ limited to:
a. The assignment of all quality control responsibilities to specifrcally named
individuals who have been duly certifred by the Office of Materials and Research.
b. Provisions for prompt implementation of control and corrective measures.
c. Provisions for liaison with the Project Manager, Bituminous Construction
Engineer and Testing Management Operations Supervisor at all times. The
Contractor shall provide at least one day's notice prior to beginning production, or
prior to resuming production if operations have been temporarily suspended.
d. Provisions for reporting daily through Office of Materials and Research computer
Bulletin Board Service (BBS) the. test results for extractions, lime checks, and
stripping tests.
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Other tests, checks, calibrations, etc. will be reported on a form developed by the
Contractor and shall become a part of the project records.
The Quality Control Program shall be submitted to the Office of Materials and
Research for initial approval. Thereafter, the Quality Control .Program shall be
included as part of the certification in the semiannual Plant Inspection Report.
2. CERTIFICATION REQUIREMENTS: The Office of Materials and Research will
certify the Contractor's Laboratory and testing equipment to assure that the equipment
to be used is accurate and meets Departmental testing standards. Laboratories which
participate in and maintain AASHTO Accreditation for testing Asphaltic Concrete
Mixtures will be acceptable for certification by the Department provided other
contract requirements are met.
The designated Quality Control personnel must be certified by the Office of Materials
and Research prior to commencement of work. There are two certification Levels for
\
Quality Control Technicians. To become a certified Level 1- Quality Control
Technician (QCT), such persons must be able to demonstrate that they are competent
in performing the process control and acceptance tests and procedures related to Hot
Mix Asphaltic Concrete production. The Level 2-QCT shall, in addition to Level 1
requirements, be capable of and responsible for making process control adjustments.
The Engineer shall be notified in writing of any change in Quality Control personnel.
The Contractor shall have at least one designated QCT person at the plant at all times
except when daily total weight for all mix types is to be greater than 250 tons. If
daily production for all mix types of the plant is 250 tons or less, the QCT may be
responsible for conducting tests at up to two plants, subject to random number
selection. In addition, the Contractor is also required to have available, either at the
plant site or within immediate contact by phone or radio, a Level 2-QCT person
responsible for making prompt process control adjustments as necessary to correct the
mix.
3. SAMPLING, TESTING AND INSPECTION REQUIREMENTS: Mixtures shall be
randomly sampled according to GDT-73 (Method C) and tested by the QCT on a Lot
basis at a minimum frequency of one test per 500 tons. A copy of the computer
generated random sampling data shall be maintained as a part of the project records.
The Contractor's QCT shall perform all Sampling and Inspection duties in
accordance with GSP-21. All sample containers, extractants, forms, diaries and other
supplies shall be furnished by the contractor and are subject to approval of the
Engineer.
The Contractor's QCT shall perform extraction or ignition (GDT-B3 or GDT-125), or
digital print-out for asphalt cement content, and gradation analysis (GDT-38) of
samples of the mixture produced each day and sampled in accordance with GSP-I5.
If the ignition oven is used, a printout of sample weights shall become a part of the
project records. . .
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The Contractor shall maintain a Process Control Flow chart for each sieve specified
on the Job Mix Formula and including the percent asphalt cement content Such chart
shall include a graph plot of the deviations from the Job Mix Formula for each
test as well as. the allowable range based on the Mixture Control Tolerances
specified in Section 828.
If an Acceptance test result is outside Mixture Control Tolerances specified in
Section 828, the QCT shall immediately notify the Testing Management Operations
Supervisor of results. The Level 2-QCT shall determine if a plant adjustment is
needed and immediately run a Process Control sample. If the Process Control sample
is also out of Mixture Control Tolerances, an immediate plant adjustment shall be
required and additional Process Control samples shall be taken as necessary to assure
the corrective action taken was appropriate to control the mix.
Tfthe Contractor's QCT obtains 2 consecutive Acceptance samples out of the Mixture
Control Tolerances specified in Section 828, production shall stop immediately.
MixtUre already in storage which deviates no more than 10% in gradation and no
more than 0.7% in asphalt cement content from the Job Mix Formula may be
transported to and placed on the project subject to visual inspection and density and
smoothness requirements. Any mixture remaining in surge bins or silos shall be
rejected and disposed of at the Contractor's expense if a sample representative of the
mixture deviates more than 10% in gradation or more than 0.7% in asphalt cement
content from the Job Mix Formula. A plant correction shall be made prior to
resuming production. Upon restarting production, no mixture shall be transported to
the project before test results of a Process Control sample from the mi'cture indicate
that quality control of the mixture has been restored by meeting Mixture Control
Tolerances. Any mixture produced at initial restarting that does not meet Mixture
Control tolerances shall be rejected.
The QCT shall measure the temperature of the mixture and reco~d the results on the
load ticket each time a sample is taken. The respective'load ticket shall also be signed
by the QCT for each load from which a sample is taken.
When hydrated lime is to be included in the mixture, calibration of the lime system
shall be checked for accuracy a minimum of twice weekly during production and the
results of these calibration checks shall be posted at the plant for review.
Additionally, records of materials (Asphalt Cement, Aggregates, Hydrated Lime, etc.)
invoices shall be made available upon request.
4. COMPARATIVE AND QUALITY ASSURANCE PROGRAM: Periodic
comparative testing will be required of each QCT and will be coordinated by the
Department to monitor consistency of equipment and test procedures. In addition, the
Department will take independent samples to monitor the Contractor's Quality
Control Program. For clarification, Department samples taken from opposite quarters
of material sampled by the Contractor are defined as Comparison Samples. Other
independent samples which are taken by the Department from material produced
during the same Lot are defined as Quality Assurance samples. This Program is
further defined as follows: A A _ S
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a. Comparison Sampling and Testing: During the quartering process of Hot Mix
samples, the opposite quarters from the test specimen shall be labeled by the QCT
and retained for' Department comparison testing. In addition, the remaining
material removed from the total sample shall be labeled and retained for possible
Referee testing. These samples shall be stored in a suitable container and secured
in a protected environment If the Contractor's Acceptance Test results are within
Mixture Control Tolerances and if the Department does not procure these retained
samples within three working days of the represented mix being produced, these
samples may be discarded.
The Department will test comparison samples on a random basis at a frequency
deemed necessary to assure that the Contractor's testing techniques are yielding
accurate results. Results of Department tests will be compared to the respective
Contractor's Acceptance tests. The maximum tolerance allowed for Comparison
Samples as defined above shall be as follows:
M6XIMlJM DIFFERENCE
SIEVE SIZE
25mm
19mm
12.5 mm
9.5 mm
4.75 mm
2.36 mm
75 ).Lm
A.C.
SURFACE
3.5%
3.5%
2.5%
2.0%
0.4%
SUBSURFACE
5.0%
5.0%
4.0%
4.0%
3.5%
3.0%
2.0%
0.5%
If Comparison tests are within these tolerances, production may continue and at
the discretion of the Engineer, the Contractor's tests can b~ used as the acceptance
tests for the affected Lot If test results are not within these tolerances, the
corresponding Referee Samples shall be tested by another Departmental
Technician and compared to the tolerance for Comparison Samples as given
above. If test Results of Referee Samples, when compared to the respective
QCT's sample, are within these tolerances, the Contractor's tests can be used as
Acceptance Tests for the effected Lot If tests results are not within these
tolerances, the Contractor's Quality Control methods shall be reviewed by the
Office of Materials and Research and a thorough investigation will be made if
deemed necessary.
b. Quality Assurance Sampling cind Testing: The Department will take samples for
the purpose of monitoring the effectiveness of the Contractor's Quality
Control Program. These samples may be obtained from the same load as QCT
samples were taken or other loads at the plant or roadway, or samples obtained
immediately behind the spreader and prior to compaction. The samples will be
tested and analyzed by the Department in accordance with standard procedures.
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The Department shall randomly take and test a rrummum of two Quality
Assurance (QA) samples from each five days or five Lots of production
regardless of mix type or number of projects to assure that the mixture is being
adequately controlled and accurately sampled and tested.
The ma'<imum tolerance for QA samples as defined above, when compared to the
Job Mix. Formula, shall be the same as the Mixture Control Tolerances as outlined
in Section 828. If test results are not within these tolerances, the Department may
take another sample from the respective mix. If tests results of the additional
sample are within these tolerances, production may continue. If test results of the
additional sample are not within these tolerances, production may continue but the
Department will investigate by taking random samples from throughout the Lot in
..... accordance With Subsection 400.07.F. These samples shall be used for
Acceptance and the Contractor QCT test results for the respective Lot will not be
included in the Lot calculations.
Should the Engineer determine that Quality Control requirements are not being
met or that unsatisfactory results are being obtained, prompt corrective action
shall be taken by the Contractor. Failure to take prompt corrective action will be
cause for the Engineer to discontinue acceptance of the mix. If the Engineer
determines that any material is unacceptable to leave in place, the material shall
be removed and replaced at the Contractor's expense. Any test results for
materials not used in the Work shall not be included in the calculations for Lot
Acceptance.
If it is determined by the Department that the QCT has not followed procedures
specified in GSP-21 or has provided erroneous information, his or her
certification may be withdrawn, and the Contractor may be subject to punitive or
legal action. Technicians who lose their certification due to .falsification of test
data will not be. eligible for re-certification in the' future unless approved by the
State Materials and Research Engineer. In-place material represented by
unacceptable tests will be evaluated by cores in accordance with Suesection
400.07.F. These core samples shall be used for acceptance.
5. GRADATION AND ASPHALT CEMENT CONTENT: Quality Acceptance of the
mixture will be based upon the mean of the deviations from the Job Mix Formula for
control sieves and asphalt cement content of the specified number of test results per
Lot. This mean will be determined by averaging the actual numeric value of the
individu.:i deviations from the Job Mix. Formula, di5regarding whether the deviations
are positive or negative amounts. The samples shall be taken randomly in
accordance with GDT-73. In the event that the designated random load is not
sampled, or less than the specified number of samples are taken, the Contractor shall
take at least two representative six inch cores from the roadway (to assure adequate
sample size). These cores shall be taken from the area where the appropriate random
load was placed, or for each portion of mix that was not sampled, and acceptance will
be based on the mean of the deviations from the Job MiX Formula of the total number
of tests run. .A /1-7
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.... . ".-
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For asphalt cement content only, on plants with digital recorders, digital printouts of
liquid asphalt cement weights may be substituted in lieu of an extraction test. The
asphalt cement content shall be calculated from the ticket representing the mixture
tested for gradation. The asphalt cement content calculated from each ticket will be
considered a test.
The control sieves used in Quality Acceptance for the various types of mix are as
indicated below:: I
TABLE 400.07.A
'-MIX TYPE
MIXTURE CONTROL
37..5 mm Superpave
25 mm, 2.36 mm Sieves and Asphalt Cement
25.mm Superpave,
19 mm Superpave
12.5 mm, 2.36 mm Sieves and Asphalt Cement
12.5 mm Superpave
9.5 mm, 2.36 mm Sieves and Asphalt Cement
9.5 mm Superpave
4.75 mm, 2.36 mm Sieves and Asphalt Cement
4.75 mm Mix
2.36 mm Sieve and Asphalt Cement
400.07B.: COlVIPACTION: Delete this Subsection and substitute the following:
The compaction of the mixture as detennined by either GDT-39, or GDT-59,. will be accepted in
Lots as defined in Subsection 400.07.A. and shall be within the same Lot boundaries as the
mixture acceptance. .
The mean density of the pavement placed within each Lot will be calculated by averaging the
results of tests run on randomly selected sites in that Lot. The random sites shall be selected
using GDT-73.
400.07.C.: SURFACE TOLERANCE: Delete this Subsection and substitute the following:
All paving shall b~..!.:ojc'~r. to visual and straighte-ige inspec~~:::>n during construction operations
and thereafter prior to final acceptance. A 10 foot straightedge shall be retained in the vicinity of
the paving operation at all times for the purpose of measuring surface irregularities on all
:ourses. The straightedge and labor for its use shall be provided by the contractor. The surface
Jfbase, intermediate, and surface courses shall be inspected with the straightedge as necessary to
jetect irregularities. All irregularities in excess of 3/16 inch in 10 feet for base, intermediate.
md surface courses shall be corrected. . Irregularities such as rippling, tearing, or pulling which
tn the judgment of the Engineer indicate a continuing problem in equipment, mixture. or
Jperating technique shall not be permitted to recur and. the paving operation shall be stopped
mless appropriate steps are taken by the Contractor to correct the problem. ..... '..~~ A _ ~
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400.07.D.: MATERIALS PRODUCED AND PLACED DURING ADJUSTl\1ENT
PERIOD: Delete this Subsection.
400.07.F REEVALUATION OF LOTS: Add the following to the first paragraph: .
Re-evaluation of Lots and acceptance will be based on Department evaluations. All costs of
these evaluations shall be at the Contractor's expense.
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May 21, 1998
DEPARTiYIENT OF TRAl'\TSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 402 - HOT MIX RECYCLED ASPHALTIC CONCRETE
402.02.A. RAP MATERIAL: Delete the next to last paragraph and substitute the following:
RAP containing either local sand or alluvial gravel will not be allowed in mixtures used on
interstate projects except for shoulder construction. When used in shoulder construction, the use
of RAP containing either local sand or alluvial gravel shall be limited such that the sand or
gravel makes up no more than 20% of the total aggregate portion of the mix. When used in
mainline and ramp construction of non-interstate projects, the percentage of RAP containing
alluvial gravel shall be limited such that the gravel makes up no more than 5% of the total
aggregate portion of the mix. The amount of local sand in RAP shall be considered when
determining the local sand portion allowed in the total mix as specified in Section 828.
Where Pay Items specify that Group II only aggregate is to be used, RAP which consists
primarily of Group II aggregate, but contains some Group I aggregate shall be limited such that
the Group I aggregate makes up no more than 5% of the total aggregate portion of the mix.
When a Blend I mix is specified, any Group I aggregate in the RAP shall be considered when
jetermining the Group I portion allowed in the total mix as specified in Section 828. The
?ercentage of local sand, alluvial gravel, and Group I aggregate in the RAP .will be determined
:hrough petrographic analysis or available records. .
t02.02.C. RECYCLED ML'XTURE: Delete and substitute the following:
[he recycled mixture shall be a homogeneous mixture of RAP material, virgin aggregate and
leat asphalt cement. Further, the mixture shall be appropriately treated with an approved anti-
;tripping agent, either.a heat stable anti-stripping additive or hydrated lime. The agent chosen
hall be at the Contractor's discretion except where noted in the Pay Item Designation.
lIe mixture shall conform to an approved mixture design meeting the requirements outlined in
;ection 828. Where hydrated lime is used, it shall be added at a rate of 1.0 percent of the virgin
.ggregate portion plus 0.5 percent of the aggregate in the RAP portion of the mixture. Where
.eat stable anti-strip additive is used, it shall be added at a rate of 0.5 percent of the neat asphalt
ement added to the mixture.
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402.05 P A YI\1ENT: Add the following:
Item No. 402 Recycled Asphaltic Concrete, ~ Superpave, Group-Blend.
Including Bituminous Material........ .......... ....................... ................. per Ton
Item No. 402 Recycled Asphaltic Concrete, ~ SuperPave, Group-Blend.
Including Bituminous Material and Hydrated Lime ............................. per Ton
Item No. 402 Recycled Asphaltic Concrete, ~ Superpave, Group-Blend.
Including Polymer-Modified Bituminous Material and Hydrated Lime .... per Ton
Item No. 402 Inches Recycled Asphaltic Concrete, Type Superpave,
Group- Blend. Including Bituminous Material ... .......................... per Square Yard
Item No. 402 Inches Recycled Asphaltic Concrete, ~ Superpave,
GrouP-Blend. Including Bituminous Material
and Hydrated Lime... .........................~.......................................... per Square Yard
Item No. 402 Inches Recycled Asphaltic Concrete, ~ Superpave,
GrouP-Blend. Including Polymer-Modified Bituminous Material
and Hydrated Lime ......................................................................... per Square Yard
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820.01 (Continued)
(a) This requirement may be waived at ,the discretion of the Department if the
supplier warrants that the asphalt binder can be adequately pumped and mixed at
temperatures that meet all applicable safety standards. .
(b) Heat loss by AASHTO: T-179 may be accepted in lieu of mass loss by AASHTO:
T-240.
(c) lfthe creep stiffness is below 300,000 kPa, the direct tension test is not required.
If the creep stiffhess is 2: 300,000 kPa, the Direct Tension Failure Strain value
shall be reported. The m-value requirement shall be satisfied in either case.
If modifi.~ation is required, the composite materials shall be thoroughly blended at the
supply facility prior to being loaded into the transport vehicle. All blending procedures,
formulation, and operations shall be approved by the Office of Materials and Research.
2. Certification: Certified test results of laboratory blends for proposed PG asphalts shall
be provided by a certified laboratory, approved by the Office of Materials and Research,
for each specification characteristic of the asphalt cement proposed for shipment The
certified results shall be provided to the State Materials and Research Engineer in
compliance with Standard Operating Procedure (SOP)-4.
In the event there is reason to suspect a sample will be outside specification limits, the
State Materials and Research Engineer may interrupt the production until test results are
known.
Materials and Research
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May 21, 1998
DEPARTl\1ENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 828 - HOT l\1IX ASPHALTIC CONCRETE l\1IXTUREs
Delete and substitute the following:
828.01 DESCRIPTION: This specification covers the requirements that are applicable to all
Hot Mix Asphaltic Concrete Mixtures. Materials used in the preparation of these mixtures shall
be approved by 'the Engineer prior to incorporating in the Work. This work consists of
producing and constructing one or more courses of hot mix asphalt pavement. Superpave mixes
shall be designed in accordance with the Superpave System for Volumetric Design (AASHTO
TP4 and AASHTO PP2) to meet test properties as shown unless otherwise stated herein.
All mixtures are designated based on the Nominal Maximum Sieve Size as defined in
Subsection 828.02 and shall conform to the following unI~s otherwise stated herein:
A. The Contract Pay Item will specify the aggregate group, or blend, where applicable.
See Subsection 828.04 for explanation of aggregate groups and blends.
B. The percent finer than 75)lffi will be determined in accordance with GDT-2, Alternate
AorB.
C. Mixture Control Tolerances are based on the results of individual tests and are for mix
uniformity control purposes only.
D. Group I or Group II aggregate or a blend of both may be used for patching or leveling.
Mixes for patching and leveling are listed in Subsections 828.02 and 828.03.
E. Hydrated lime shall be included in all paving courses except where noted. The lime
shall be addecj at a minimum rate of one percent of the total dry aggregate weight. In
recycled mixtures, lime shall be added at a minimum rate of one percent of the virgin
aggregate po:tion p!u:: a minimUr.:l uf '').5 percent of the aggregate in the Reclaimed
Asphalt Pavement (RAP) portion of the mixture. Additional lime, as well as an
approved heat stable anti-stripping additive, which meets requirements of
Subsection 831.04, may be required in any particular mixture when necessary for
satisfaction of governing Specification requirements. No additional payment will be
made by the Department for any such required additional materials.
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828.01 (Continued)
F. On projects designated at Mix Design Level A, as designated in the project Plans or
project General Notes, the Asphalt Cement CAC) used in all mixtures may, at the
Contractor's discretion, include an approved heat stable anti-stripping additive, which
.meets requirements of Subsection 831.04, in lieu of hydrated lime unless noted
otherwise. The addition rate will be a minimum of 0.5 percent of the AC portion.
When a heat stable anti-stripping additive is used in these mixes in lieu of hydrated
lime, the minimum tensile splitting ratio will be 0.4 for Asphaltic Concrete 4.75 mm
mix and 0.6 for all other Asphaltic concrete mixtures.
G. Asphalt Cement used in production of asphaltic concrete mixtures shall 'meet the
requirements of Subsection 820.01. Asphalt Cement used in the production of these
mixtures shall meet requirements of Subsection 820.01. The AC used in all mixtures
shall be PG 67-22 with the following exceptions:
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a. '.For projects designated at Mix Design Level A, as designated in the project Plans
or project General Notes, PG 64-22 may be used at the discretion of the
Contractor.
b. For mixtures which utilize Reclaimed Asphalt Pavement (RAP), the AC grade to
be used will be determined by the Engineer.
c. AC meeting requirements of PG 76-22 shall be used in the top dense-graded
surface course, excluding shoulder construction, for projects or portions of a
project designed at Level C or D,' as designated in the project Plans or project
General Notes.
H. Local sand, not to exceed 20% of the total aggregate weight, may be used as an
ingredient in all Asph~tic Concrete mixtures placed on the mainline and ramps of non-
interstate routes designed at Mix Design Level A. On non-interstate projects designed
at Mix Design Level B, C, or D, as designated in the project Plans or projectJJeneral
Notes, the use of local sand shall be limited to Asphaltic Concrete 37.5 mm Superpave
and 25'mm Superpave mixtures only and shall not exceed 20% of the total aggregate
weight. However, up to 20% local sand, based on the total aggregate weight, may be
allowed as an ingredient in all Asphaltic Concrete mixtures used for shoulder
construction unless specified otherwise.
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828.01 (Continued)
1. When allowed, local sand shall meet the following gradation requirements:
GRADING REQUIREMENTS
% Passing 12.5 nun Sieve 100
% Passing 9.5 mm Sieve 90-100
% Passing 4.75 mm Sieve 80-100
% Passing 2.36 mm Sieve 60-100
% Passing 300 J.l.m Sieve 12-70
% Passing 75 Ilm Sieve 2-15
The clay content of local sand shall be no more than 7%. Local sand shall also be free of clay lumps as
determined by AASHTO: T 112.
828.02 SUPERP AVE ASPHALTIC CONCRETE MIXTURES
A. Gradation Requirements:
Superpave utilizes the FHW A 0.45 Power gradation chart to define permissible
gradations. This chart uses a unique graphing technique to judge the cumulative
particle size distribution of a blend. The ordinate (y axis) of the chart is percent
passing, ranging from zero to one hundred percent. The abscissa ex axis) .is an
arithmetic scale of sieve size opening in microns raised to the 0.45 power.
Superpave defines nominal maximum sieve size and maximum sieve size as follows:
Nominal Maximum Sieve Size: One standard sieve size larger than the first sieve to
retain more than ten percent (l0.0%).
Maximum Sieve Size: One standard sieve size larger than the nominal maximum
SIZe.
The 0.45 power maximum density line is drawn from the origin to one hundred percent
(100.0%) passing the maximum sieve size. Gradation control limits are based upon the
nominal maximum size. There is also a "restricted zone," that is an area on either side
of the maximum density line generally starting at the 2.36 mm sieve and extending to
the 0.30 mm (300 !lm) sieve. It is recommended that gradations be developed avoiding
the restricted zone. The Office of Materials and Research may approve use of mixtures
which have gradations that enter the restricted zone provided the Contractor supplies
acceptable test results of special proof-testing requireme~ts as described in
Subsection 828.05, Rutting Susceptibility Testing.
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828.02 (Continued)
TABLE 828.02.A.1.
JOB I\1IX FORMULA AND DESIGN LJ1\.1ITS
1vfIXTURE
CONTROL ASPHAL TIC 9.5 nun 12.5 mm 19mm 25 rnm 37.5 rom
TOLERANCE CONCRETE Superpave Superpave Superpave Superpave Superpave
Grading
Requirements Percent Passing
:1:0.0 50 mm Sieve 100
::6.0 37.5 mm Sieve 100* 90-100
::6.0 25.0 mm Sieve 100* 90-100 15-90
=6.0 19.0 mm Sieve 100* 90-100
::6.0 12.5 mm Sieve 100* 90-100 23-90 19-90
::5.6 . 9.5 mm Sieve 90-100 28-90
::5.6 4.75 mm Sieve 32-90
::5.6 2.36 rnm Sieve 32-67 28-58 23-49 19-45 15-41
=2.0 75 /-LIn Sieve 2-10 2-10 2-8 1-7 0-6
Recommended Restricted Zone
4.75 mm Sieve 39.5 34.7
2.36 mm Sieve 47.2 39.1 34.6 26.8-30.8 23.3-27.3
1.18 mm Sieve 31.6-37.6 25.6-31.6 22.3-28.3 18.1-24.1 15.5-21.5
600 /lm Sieve 23.5-27.5 19.1-23.1 16.7-20.7 13.6-17.6 11.7-15.7
300 /lm Sieve 18.7 15.5 13.7 11.4 10.0
* Mixture Control Tolerance not applicable to this sieve for this mix.
Note: When plotted on the 0.45 power gradation chart, the mixture target gradation shall pass
below the restricted zone for projects designed at Level B, C, or D as designated in the
project Plans or project General Notes, unless Rutting Susceptibility testing in
Subsection 828.05 indicates the mix is resistant to rutt1."1g.
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828.02 (Continued)
B. Design Requirements:
The mixture design properties shall be determined in accordance with the Superpave
mixture design system except as noted. The Superpave gyratory compaction effort
employed shall conform with Table 828.02.B.4. .'
TABLE 828.02.B.I.
SUPERPA VE MIXTURE DESIGN VOLm1ETRIC CRITERIA
Design Parameter
Design Criteria
a. Percent of Maximum Specific Gravity (%Gmm) at the design
number of gyrations, (Nd)
b. % Gmm at the iI.lltiai number of gyrations, (Ni)
c. % Gmm at the. maximum number of gyrations, (Nm)
d. Percent voids in mineral aggregate (VMA) at Nd
e. Percent voids filled with asphalt (VF A) at Nd
f. Fines to effective asphalt binder ratio (F IPbc)
. 1. Mixtures designed above or through the Restricted Zone
2. Mixtures designed below the Restricted Zone
g. Tensile strength (GOT 66)
1. Ratio
2. Stress
h. Retention of Coating (GDT 56)
96%
<89%
<98%
See Table 828.02.B.2.
See Table 828.02.B.3.
0.6-1.2
0.8-1.6
80% min.
400 kPa min.
95% mm.
Maximum specific gravity (Gmm) determined in accordance with AASHTO T 209.
TABLE 828.02.B.2.
SUPERP A VE VOIDS IN I\1INERAL AGGREGATE (YMA) CRITERIA
Nominal Maximum Sieve Size (mm)
Minimum % VMA
37.5
25.0
19.0
12.5
9.5
11
12
13
14
15
IMA is to be determined based on effective specific gravity of the aggregate (Gsc).
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828.02 (Continued)
TABLE 828.02:B.3.
SUPERP A VE VOIDS FILLED WITH ASPHALT (VF A) CRITERIA
RANGE
MIX DESIGN LEVEL Minimum Maximum
A 70 80
B 65 78
C 65 75
D 65 75
TABLE 828.02.B.4.
SUPERP A VE GYRATORY COl\1P ACTOR (SGC)
COl\1P ACTION CRITERIA
MIX DESIGN LEVEL Nini Ndes Nmax
A:4I 5 76 117
B 7 86 134
C 8 96 152
D 8 109 174
:41 Note: This gyratory compaction level shall be used for all Superpave mixes used in shoulder
construction and for sub-base mixture under Portland cement concrete pavement.
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828.03 CONVENTIONAL FINE GRADED MIXTURES
JOB MIX FORMULA AND DESIGN LIl\1ITS
MIXTURE
CONTROL
TOLERANCE TYPE NfIXrUR..E .' 4.75 mm
GRADING
REQUIREMENTS
::: 0.0 % Passing 12.5 mm Sieve 100
:::5.6 % Passing 9.5 mm Sieve 90-100
:::5.7 % Passing 4.75 mm Sieve 75-95
::: 4.6 % Passing 2.36 mm Sieve 60-65
::: 3.8 % Passing 300 Ilm Sieve 20-50
::: 2.0 % Passing 75 Ilm Sieve 4-12
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DESIGN
REQUIREMENTS
:::0.4 Range for % AC 6.00 - 7.50
nla Design Optimum Air Voids (%) 5-7
nla % Aggregate Voids Filled with AC 50-80
Tensile Splitting Ratio After
nla Freeze Thaw Cycle (GDT 66) MID. 0.8
nla % Retention of Coating 95
(GOT 56)
'" lvlixture Control Tolerance not applicable to this sieve for this mix.
;-.rote: This mixture shall be compacted at 50 gyrations with the Superpave Gyratory Compactor.
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828.04 AGGREGATE GROUPS ALLOWABLE
The aggregate group or blend which may be used for each mixture will be specified with the Pay
Item description. A description of the aggregate groups and blends which may appear in the
Proposal and Plans are defined as follows:
PAY ITEM DESIGNATION
EXPLANATION OF AGGREGATE GROUPS
ALLOWABLE
Group I or II
100% Group I, 100% Group II, or any blend of the groups may'
be used.
Group II only
100% Group II only is required.
Blend I
Either 100% Group II material or a blend of Group I and
Group II aggregate is allowed. The .Group I fraction shall not
exceed 60% by weight of the total aggregates nor contribute
more than 50% by weight of the coarse aggregate portion.
828.05 RUTTING SUSCEPTIBILITY TESTING: The Office of Materials and Research
may run a rutting susceptibility test on any asphalt mixture used in construction. Results of tests
with the Asphalt Pavement Analyzer shall be provided for any mixtures designed by a Certified
Contractor or Independent Testing Laboratory.
The rutting susceptibility test will be conducted according to GDT Test Procedure 115. Each
mix will have 3 specimens fabricated and tested. If the average rut depth for the 3 specimens
exceeds 5 nun for SNfA and Superpave mixes and 7 nun for the 4.75 mm mix, that asphaltic
concrete mixture shall not be used in the Work.
828.06 FATIGUE TESTING: The Office of Materials and Research may conduct a fatigue
test on any Superpave asphalt mixture design or Superpave asphalt mixture used in construction
to determine acceptability of the materials. The test shall be performed accordin&-to test
procedure AASHTO TP 8-94, or other procedure approved by the Office of Materials and
Research.
Materials and Research
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Hard SlJrlaCll.
PubiIc Read
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N.S.A. R-2 (1.5"'-3..5j
Ccar3. ~
G~extlI8 Underllner
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CRUSHED STONE CONSTRUCTION EXIT
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TO BE USED .4$ D1RECTtD BY THE ENQNEER WHe:RE COHSTRUcncH l'l\fo.FRC IS ENTERIHC " I'\IBUC AAVED RCW).
PA't1.C!HT' TO BE rNa.1JOe:o IN' PRtc% BID FOR WJ.IP SUI.t CCNSmucncN OR OTHER CONlRAc:r BID rm..s.
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Revised 4/23/01
GLENN HILLS DRIVE SIDEWALK
GENERAL NOTES
ADJUSTING NllNOR STRUCTURES TO GRADE:
This item consists of raising or lowering the upper portion of existing manholes,
water valve boxes, gas valve boxes or any other miscellaneous structures within the
area of construction. There will be no separate payment for this work unless shown
as a separate pay item.
AGGREGATE SURF ACE COURSE:
The item aggregate surface course is for use in inclement weather to facilitate the
movement of local traffic along roadway construction and to permit ingress and
egress at drives. When used for this purpose, Section 318, Georgia Standard
Specifications, is modified to permit truck dumping on unprepared and muddy
sub grade. Section 318 is further modified to permit the use of crusher run stone as
described in Subsection 806.02. The Contractor will have the choice of the following
materials.
Graded Aggregate
Coarse Aggregate Size 467
Stabilizer Aggregate Type 1 or 2
Crushed Stone
Subsection 815.01
Subsection 800.01
Section 803
Subsection 806.02
All materials to be used as directed by the Engineer.
CASINGS:
All steel casings being installed' across any roadway and/or right-of-way Shall have
the joints continuously welded to obtain a watertight seal. The Contractor shall notify
the Engineer when welds are ready for inspection. Welded casings backfilled without
the Engineer's approval shall be uncovered for inspection at the Engineer's request.
COMPACTION:
All compaction shall be as defined in the current edition of Georgia department of
Transportation Specifications. Special attention shall be given to the backfill of
minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.).
Compaction shall be achieved using approved tamps and soil layers of approximately
6 inches (loose measure) and in accordance with Georgia Department of
Transportation Standards 1030-D and 1401. Backfilling operations of this nature
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shall not begin until the Contractor has on hand all equipment in good working
condition, and competent operators.
The backfilling of pipe and other minor structures shall be in accordance with
Georgia Department of Transportation Standard specifications, Current Edition.
Backfilling with sand using jetting and/or flooding will not be allowed in any case
without the written permission of the Engineer.
NOTE: When sand and jetting/flooding method is used the warranty for the backfilled
area is extended from 12 months to 24 months. A plan for the jetting/flooding shall be
submitted at the PreConstruction Conference.
CONCRETE:
The Contractor shall have a slump cone on the proj ect at all times when concrete is
being placed. He shall, in the Engineer's presence, perform slump tests as directed by
the Engineer. Tests shall be performed by qualified personnel with a properly
cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class
"A" concrete shall have a minimum of 611 lbs. Cement per cubic yard. Class "B"
concrete shall have a minimum of 470 lbs. Cement per cubic yard. Concrete not
meeting these requirements will be rejected by the Engineer.
NOTE: No concrete shall be placed until all required equipment such as slump cone,
curing compound and dispensor, etc., all in good working condition, are on the site.
Inspectors must be given a minimum one-hour advance notice. No concrete shall be
placed without the Inspector present unless otherwise directed by the Engineer. All
concrete shall be placed during the Inspectors normal working hours, 8:30 a.m. to
5:00 p.m. unless otherwise directed by the Engineer. Formed surfaces shall receive
finish immediately after removing forms. Forms shall be removed as provided in
Section 500 of GA.DOT Specifications.
CONSTRUCTION:
At locations where new pavement is to be placed adjacent to existing-lJavement
without an overlay or where curbing is to be placed across paved parking lots, a joint
shall be sawed on a line to ensure pavement removal to be neat. Only those joints
sawed in concrete pavement will be paid for under the pay item-Sawed Joints. . . Per
Linear Foot.
The Contractor shall provide borrow and/or waste pits for this project. All pits
acquired for use on this project shall be reclaimed in accordance with Section 160 of
the Standard Specifications. The Contractor's attention is directed to subsection
107.23 of the Specifications.
All storm drain pipe, side drain pipe, pipe culvert wingwalls, steps, retaining walls,
curbs and gutters, headwalls, all types of pavement, wooden structures, except those
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specifically shown as a removal pay item will be removed as Clearing and Grubbing,
Grading Complete, Grading Per Mile or Lump Sum Construction.
CONSTRUCTION LAYOUT:
No fields surveys have been done on this project. The contractor will establish the
centerline to conform to the existing right-of-way. See Section 149 of the Standard
Specifications. There will be no separate payment for construction layout.
CONSTRUCTION SCHEDULE:
The Contractor shall prepare a schedule identifying the primary construction activities
and/or phases for constructing this project. This schedule shall be presented at the
Pre-Construction Conference.
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.
DRIVEWAYS:
All driveways are to be paved to the right-of-way line with Asphaltic Concrete or if
concrete, replace in kind.
Ingress and egress shall be maintained at all times to adjacent properties, unless
otherwise noted in the plans.
The item aggregate surface course is for use as surface for unpaved drives and for use
in inclement weather to facilitate the movement of local traffic alon~roadway
construction and to permit ingress and egress at drives. When used for this purpose,
Section 318, Georgia Standard Specifications is modified to permit truck dumping on
unprepared and muddy sub grade. Section 318 is further modified to permit the use of
crusher run stone as described in Subsection 806.02. The Contractor will have the
choice of the following materials:
Graded Aggregate
Coarse Aggregate Size 467
Stabilizer Aggregate Type 1 or 2
Crushed Stone
Subsection 815.01
Subsection 800.01
Section 803
Subsection 806.02
All materials to be used as directed by the Engineer.
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All driveways that are to be reconstructed shall be replaced in kind i.e., asphalt for
asphalt, concrete for concrete, and aggregate surface courses for earth. The driveway
locations indicated on the plans are from the best available data. The Contractor shall
obtain the approval of the Engineer prior to making any revisions such as to location,
width, and/or number of drives to be constructed where required.
ENGINEER:
In all contract documents, specifications, supporting documents, etc., the term
"ENGINEER" means, and shall be deemed to mean, the Augusta-Richmond County
Public Works Director or his designated representative.
EROSION AND SEDIMENT CONTROL:
The Contractor shall be responsible for all soil erosion and sediment control practices.
All on-site erosion control shall comply with local Augusta Richmond County
erosion and sediment control ordinances. The cost of this work shall be included in
the cost of the project unless shown as a separate pay item.
EXCESS MATERIAL:
All excess material is to be disposed of as directed by the Engineer or as noted in
Subsection 107.23 of the Specifications and in accordance with page PPA-l.
FENCE:
All new fences called for on the plans and/or contract documents shall meet the
requirements of Section 643 of the Georgia Department of Transportation Standard
Specifications, current edition. New fence not meeting these Specs will be rejected.
In contracts where remove and reset fence items are involved (either as p~ items or
as Lump Sum Construction) all replacement fence shall be equal to or better than the
existing fence as approved by the Engineer. This means equal to or better than the
original fence at the time of its installation.
In accordance with Subsection 643.03D, the Contractor must furnish positive locking
devices, padlocks and keys with all gate assemblies.
FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this project
are to be returned to the pre-existing shape and slope and then finished and dressed.
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No separate payment will be made for grassing, fertilizing and mulching of disturbed
areas, unless specifically shown as a pay item.
FLAGGING:
Flaggers shall be provided as required to handle traffic, as specified in the Plans or
Special Provisions, and as required by the Engineer.
All 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 seven (7) feet minimum. In addition to the stop/slow paddle, a flagger may
use a 24-inch square red/orange flag as an additional device to attract attention. For
night work, the vest shall have reflectorized stripes on front and back.
Signs for Flagger traffic control shall be placed in advance of the flagging operation
in accordance with the MUTCD. In addition to the signs required by the MUTCD,
signs at regular intervals, warning of the presence of the flagger shall be placed
beyond the point where traffic can reasonably be expected to stop under the most
severe conditions for that day's work.
FOUNDATION BACKFILL MATERIAL, TYPE I:
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and
Section 207 of the Standard Specifications. No separate payment will be made for
this material or its placement.
FOUNDATION BACKFILL MATERIAL, TYPE II:
Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and
Section 207 of the Standard Specifications and shall be used in wet/unstable
conditions as directed by the Engineer. It shall also be used beneath all concrete box
culverts. Quantities shall be measured for payment in accordance with Georgia
Standard 1030-D or as directed by the Engineer. Payment shall be per cubic yard
unless otherwise specified in the contract.
GRADES:
With the approval of the Engineer, grades may be field adjusted to provide for best
drainage.
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GRADING:
In contracts where grading, including excavation for drainage structures, is
accomplished under Section 210 (Grading Complete or Grading Per Mile) or Section
230 (Lump Sum Construction), the Lump Sum amount bid will include all work
necessary to obtain the line, grade and compaction in accordance with the
Specifications and other contract documents. There will be no separate payment for
any work of this nature including borrow and the removal of unsuitable and/or
unstable material. However, the Contractor shall make whatever investigations he
deems necessary to determine the extent of any borrow or removal necessary to meet
contract requirements. If it develops that removal of unsuitable/unstable materials
quantities could not have been predicted by the contractor from a reasonably thorough
investigation of project conditions, the Contractor may request negotiation for
payment for excavation of this nature in areas where the depth exceeds three (3) feet
below sub grade. The Owner will consider negotiation only when this type of removal
is excessive and the Contractor provides evidence that he thoroughly investigated
project conditions prior to entering his bid. Only those quantities in excess of three
(3) below finished sub grade and/or normal excavation for drainage structures, ordered
by the Engineer, will be considered for payment.
GRASSING AND EROSION CONTROL:
The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to
determine the actual area to be grassed. No claims will be considered for extra
compensation if the contractor relies on plan information to prepare his bid.
All slope areas are to be grassed unless shown otherwise on plans. Temporary grass
is required if permanent grass season is out.
The Contractor shall be responsible for all soil erosion and sediment control
measures. All on-site erosion control shall comply with local erosion and sediment
control ordinances. The cost of this work shall be included in the cost of the project
unless shown as a separate pay item.
All unpaved and natural areas which are disturbed by the construction of this project
are to be returned to the pre-existing shape and slope and then finished and dressed.
No separate payment will be made for grassing, fertilizing and mulching of disturbed
areas, unless specifically shown as a pay item.
Discontinued roads or other areas inside or outside the project construction limits, but
within the existing or required right-of-way, shall be obliterated and restored as
nearly as possible to the original contour of the ground (see Section 205 of the
Standard Specifications). No separate payment will be made for this work.
Where item number 700-6001 is shown as a pay item, Georgia Department of
Transportation specifications are modified to provide that the lump sum price bid
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shall be full payment for all fertilizer, lime and nitrogen. No separate measurement
for payment will be made for any work or materials required to accomplish a stand of
permanent grass.
INSPECTIONS:
This project will be inspected by the Engineer or his Representative.
LEVELING:
Leveling shall be placed at the locations and in amounts as approved by the Engineer
or his Representative. Measurement and payment shall be made in accordance with
the Standard Specifications on a unit price basis. The quantities included in the
schedule of items are approximate and subject to change. All changes will be made at
the unit prices, as bid.
LUMP SUM CONSTRUCTION:
The Contractor shall provide breakdowns on all components that make up Lump Sum
Construction. The breakdown shall provide the unit price assigned to each
component.
MISCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structures such as Catch Basins, Drop Inlets, Manholes,
Junction Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or
special design shall be paid for Per Each. There will be no separate payment for
additional depth unless specifically shown as a pay item.
NOTE: All Catch Basins, Drop Inlets, Manholes, exposed Junction Boxes,...etc., with
concrete topslabs shall include manhole rings and covers. The Contractor shall install
the manhole rings and covers such that the steps can be easily accessed.
PATCHING AND REPAIR OF MINOR DEFECTS:
Where needed, the contractor is required to patch and repair existing potholes, minor
pavement defects and base failures in accordance with the Specifications.
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PAVEMENT CUTS:
All pavement cuts shall be sawed with a neat vertical edge consistently straight
enough that a roller can follow the edge precisely to achieve the desired compaction.
Irregular edges will not be accepted. Payment shall be included in the price of the
pIpe.
PAYMENT FOR PIPE CULVERT INSTALLATION:
1. Payment" for pipe culvert or utility installation includes sawing and/or cutting
and removing existing pavement and replacing the pavement as specified in
accordance with Standard 1401.
2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B"
concrete (See Georgia Standard 9031-L).
3. Payment for pipe culvert includes any required Concrete collars (See Georgia
Standard 9031-U).
4. All concrete storm drain and longitudinal pipe shall include O-ring gaskets.
PIPE CULVERTS:
Unless otherwise noted, all storm drain, longitudinal and stub pIpe are to be
reinforced concrete with O-Ring gasket joints.
All required pipe culverts shall be in accordance with Standard 1030-D.Foundation
Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207
of the Standard Specifications. No separate pay item will be made for this material or
its placement.
The Contractor shall include in his price bid for pipe, the additional cost of bends,
tees, fasteners, appropriate gaskets (see Section 848 of the Standard Specifications),
and structure excavation.
PRECAST CONCRETE UNITS:
Precast Concrete Units, other than those specifically allowed by Georgia Department
of Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc.,
shall not be installed without written permission from the Engineer. Any such units
installed without such written permission shall be removed from the project.
PROPERTY CORNERS AND MARKERS:
All right-of-way markers where required shall conform to Standard 9003. Right-of-
way markers shall be flush with the finished ground-line when so directed by the
Engineer.
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RELOCATED WATER METERS:
Relocated water meters and water meter boxes may not be placed in the sidewalk.
REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD:
It shall be the contractor's responsibility to remove and reset any and all existing
ornamental shrubs and bushes and sod in conflict with proposed construction.
Coordination with the property owners is essential in this endeavor. The contractor
will not be held responsible for care and maintenance after removing and resetting
these plants and sod except in cases where the Contractor's equipment causes
irreparable damage or where plants and/or sod dies as the result of negligence on the
Contractor's part. In which cases, the Contractor will be held responsible for
replacement. Sod shall be reset with ground preparation in accordance with
Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod.
The Contractor shall remove the sod in a manner that will be conducive to insuring
that the reset sod will live. At the contractor's option, he may replace any sod he
removes with new sod of the same type. No separate payment will be made for this
work or replacements unless specifically shown as a pay item.
REMOVING AND RESETTING OF OBSTRUCTIONS:
It shall be the Contractor's responsibility to remove and reset any and all obstructions,
such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete
entrance columns, etc., which are in conflict with construction. Contractors are
responsible for the security of pets and/or personal property through the use of
temporary fence if necessary. No separate payment will be made for this work except
when shown as a separate pay item.
RIGHT-OF-WAY AND EASEMENTS:
The Contractor shall not perform any work outside the limits of the right-of-way or
easements. In addition, no equipment or material shall be placed outside these areas
without written permission of both the property owner and the Engineer. In..the event
that the Contractor elects to utilize private property for any purpose connected with
the project, such as, but not limited to, staging areas, equipment and/or material
storage or simply as a convenience, he shall submit a written agreement to the
Engineer containing vital information such as limits of both area and time the
property is to be utilized and a description of the intended use. The agreement must
be signed by both the property owner and the Contractor and will be reviewed and
recorded by the Engineer. Such agreements must be submitted prior to the
contractor's use of the property.
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SALVAGEABLE MATERIALS:
As directed by the Engineer or his representative, all salvageable materials, such as
drainage pipe, which require removing but are not to be used on this project, are to be
cleaned and stored within the right-of-way by the Contractor. These materials shall
be picked up and transported by Augusta Richmond County forces. The Contractor is
responsible and shall make restitution to Augusta-Richmond County for materials
damaged through his negligence.
SAW CUTS:
When matching existing conditions, saw cuts shall be used as required by Augusta-
Richmond County. Only saw cuts in Portland Cement Concrete which are shown as
contract pay items will be paid for separately. No saw cuts in asphaltic concrete will
be paid for separately.
SHOULDER WORK:
All necessary cleaning of the existing pavement, including clipping of shoulders,
required prior to resurfacing shall be the responsibility of the Contractor. The
material displaced shall be removed, lowered or spread over the shoulder to an
elevation and slope which will provide adequate drainage. The cost of such work
shall be included in the prices bid for other items.
SOD:
Sod will not be paid for separately when used to match or replace sod on adjacent
lawns as replacement in kind. See GDOT specifications, subsection 700.04 E.
SPECIAL EVENTS:
When Special Events occur, such as the Augusta Masters Golf Tournament, all work
shall be safed up, shut down and maintained until the Engineer okays the resumption
of work. No project is exempt without the expressed approval of the Engineer. If
these type work stoppages impose a hardship, contract time wise, consideration will
be given to extending the contract time in an amount commensurate with the delay
caused by such work stoppages provided the Contractor has otherwise pursued the
work diligently.
SPECIFICATIONS:
This project is based upon, and shall be constructed in accordance with, the State of
Georgia Department of Transportation Standard Specifications for Construction of
Roads and Bridges, current edition and any supplements thereto. All of these
specifications shall be considered as though fully contained herein. In cases where
conflicts arise within these specifications, they will be revised to resolve such
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conflict. Until the conflict is resolved, the interpretation of the Engineer shall control
the situation.
SPECIFICATIONS, STANDARDS AND OTHER DATA:
All references in this document, (includes all papers, writings, documents, drawings,
or photographs used, or to be used, in connection with this document), to State
Highway of Georgia, State Highway Department, Highway Department, or
Department when the context thereof means the Georgia Department of
Transportation means, and shall be deemed to mean, Augusta-Richmond County,
Augusta-Richmond County Commission-Council Department of Engineering
Services.
The data, together with all other information shown on these plans, or indicated in
any way thereby, whether by drawings or notes or in any other matter, are based upon
field investigations and are believed to be indicative of actual conditions. However,
the same are shown as information only, are not guaranteed, and do not bind Augusta-
Richmond County, Georgia in any way. Only the actual quantities completed and
accepted will be paid for. The attention of the bidder is specifically directed to
Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the
Georgia Department of Transportation, current edition, which will be part of this
contract.
This project is based on, and shall be constructed in accordance with, the State of
Georgia Department of Transportation Standard Specifications for Construction of
Roads and Bridges, current edition and any supplements thereto. All of these
specifications shall be considered as though fully contained herein. In cases where
conflicts arise within these specifications, they will be revised to resolve such
conflict. Until the conflict is resolved, the interpretation of the Engineer shall control
the situation.
STORM DRAIN PIPE:
Unless otherwise noted, all storm drain, longitudinal and stub pIpe J!Ie to be
reinforced concrete and shall include O-ring gaskets.
SUBCONTRACTORS:
The Contractor shall furnish the official name, plus the name and telephone number
of the 24 hour emergency contact of all firms he proposes to use as Subcontractors in
the work. This information is to be furnished at the Preconstruction Conference.
However, no work shall be done on this project by a Subcontractor until the
Contractor receives 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.
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NOTE: All submissions shall include the following information for each
Subcontractor:
I) Name of Subcontracting Firm
2) Description of Work To Be Done
3) Contact Person's Name and 24 Hour Phone Number
SUPERELEV ATION:
All horizontal circular curves are to be superelevated in accordance with Georgia
Standard 9028-C as directed by the Engineer.
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.
Concrete compressive strength tests are required on this project (see Section 500 of
the Georgia Department of Transportation Specifications). Other tests may be
required where necessary.
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.
On projects that include asphaltic concrete, cores shall be cut in the asphaltic concrete
at random locations, selected by the Engineer, to verify thickness. A minimum of
three (3) cores per mile or three (3) cores per project, whichever is greater, shall be
cut by the Contractor. If all thickness' are satisfactory, in accordance with Section
400 of the Department of Transportation specifications, no further cores will be
required. If cores indicate an unsatisfactory thickness, additional cores, as determined
by the Engineer and at locations of the Engineer's choosing, shall be cut to.JJ.etermine
the extent of the unsatisfactory thickness.
Corrections as shown in Section 400 of the Department of Transportation
Specifications shall be made where required. There will be no separate payment for
cutting cores, filling core holes, or corrective work. Payment shall be included in the
price bid for asphaltic concrete items or in the overall bid price of the contract.
TEST ROLLING:
Prior to placing any base course, the sub grade shall be test rolled on six feet centers
using a loaded dump truck or other equipment approved by the Engineer.
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TRAFFIC CONTROL:
The Contractor shall provide construction signs in accordance with requirements of
"Manual on Uniform Traffic Control Devices for Streets and Highways", current
edition with added supplements and special provisions.
The attention of the Contractor is specifically directed to Subsection 107.09 of the
Standard Specifications regarding barricades, danger, warning, and detour signs.
All temporary signs, barricades, flashing lights, striping and any other traffic control
devices required during construction of this project shall meet all requirements of the
M.U.T.C.D., current edition, as directed by the Engineer and be furnished by the
Contractor with payment in accordance with Section 150.
The Contractor shall so conduct his operations that there will be a minimum of
interference with, or interruption of, traffic on the travelway. This applies to the
initial installation and the continuing maintenance and operation of the facility. At
least one-lane, two-way, traffic shall be maintained at all times unless approved
otherwise by the Engineer. As a minimum, the Contractor must comply with the
Manual on Uniform Traffic Control Devices, current edition and Georgia Standard
9102.
TRAFFIC DETOURS:
Where detours are required and in accordance with Section 150 of the Standard
Specifications and any Supplements thereto, the Contractor shall file for approval a
detour plan of operation for this project. This plan shall include details of staging and
rerouting of traffic including estimated length of time for use of the detours.
The Contractor shall so conduct his operations that there will be a minimum of
interference with, or interruption of, traffic upon and along the roadway. This applies
to the initial installation and the continuing maintenance and operation of the facility.
At least one-lane, two-way traffic shall be maintained at all times unless approved
otherwise by the Engineer. As. a minimum, the Contractor must comply.. with the
Manual on Uniform Traffic Control Devices, current edition and Georgia Standard
9102.
UNIFORMED POLICE OFFICERS:
When shown as a pay item Uniformed Off-Duty Police Officers shall be used as
directed by the Engineer. The bid price shall be $15.00/hour.
UTILITIES:
The Contractor's attention is directed to the possibility of encountering private utility
installations consisting of sanitary sewers, water, sprinkler systems, ornamental light
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systems, gas and underground telephone cables that either are obstructions to the
execution of the work and need to be moved out of the way or, if not, must be
properly protected during construction. No separate payment will be made for this
work. Public utilities of this nature will be handled by the utility owner, with the
exceptions of the Augusta Utilities Department and Augusta Traffic Engineering.
THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK
BEGINS:
Georgia Power Company
Post Office Box 488
Augusta, Georgia 30904
Telephone (706) 667-5633
Attention: Mark Mills
Atlanta Gas Light Co
1840 Wylds Rd.
Augusta, Georgia 30913
Telephone (706) 481-1452
Attention: Carl Corley
Bell South
3841 Wrightsboro Road
Augusta, Georgia 30909
Telephone (706) 860-8582
Attention: Calvin Hamby
Jefferson Energy Cooperative
P. O. Box 457
Wrens, GA 30833
Telephone (706) 547-2167
Attention: Roy Chambers
Comcast
P. O. Box 3579
Augusta, Georgia 30904
Telephone (706) 739-1865
Attention: Kevin O'Meara
Augusta Utilities
360 Bay Street, Suite 180
Augusta, Georgia 30901
Telephone (706) 312-4132
Attention: Max Hicks
AT&T
937 Greene St.
Augusta, Georgia 30901
Telephone 706-836-2240
Attention: Bill Wadley
Knology
3714 Wheeler Road
Augusta, GA 30909
Telephone (706) 294-2975
Attention: Patrick Casev
UTILITIES:
All utility facilities except those owned by Augusta Utilities Department which are in
conflict with construction, not covered as specified items in the detailed estimate, are
to be removed and relocated to clear construction by the respective owners with the
exception of Augusta Utilities and Augusta Traffic Engineering unless added later to
the contract as a supplemental item. All "above ground" utility structures will be
located as near as possible to the right-of-way line.
The Contractor will not be paid for any delays or extra expense caused by utility
facilities obstructions or any other items not being removed or relocated to clear
construction in advance of his work.
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Alllmown utility facilities are shown schematically on the plans, and not necessarily
accurate in location as to plan or elevation. Utility facilities such as service lines or
unknown facilities not shown on the plans will not relieve the Contractor of his
responsibility under this requirement except as noted below. ''Existing Utility
Facilities" means any utility facility that exists on the highway project in its original,
relocated or newly installed position. Other than service lines from street mains to
the abutting property the contractor will not be held responsible for the cost of repairs
to damaged underground utility facilities when such facilities are not shown on the
plans and their existence is unknown to the Contractor prior to the damage occurring,
providing the Engineer determines the Contractor has otherwise fully complied with
the Specifications.
The following utility owners have facilities which may conflict with construction of
this project:
NAME OF UTILITY OWNER
TYPE OF FACILITY
Jefferson Energy Cooperative
Georgia Power Company
Atlanta Gas Light Company
Comcast
Bellsouth
Augusta Utilities
AT&T
Knology
Power
Power
Gas
Cable
Telephone
Water, Sewer
Telephone
Cable, Telephone
The Contractor shall use the one-call center telephone number 1-800-282-7411 for
the purposes of coordinating the marking of underground utilities.
The Contractor's attention is directed to the probability of encountering private utility
installations consisting of sanitary sewers, water, sprinkler systems, omamentallight
systems, gas and underground telephone cables that either are obstructions to the
execution of the work and need to be moved out of the way or, if no~ must be
properly protected during construction. No separate payment will be made for this
work. Public utilities of this nature except Augusta Utilities and Augusta Traffic
Engineering will be handled by the utility owner.
UTILITY ACCOrvlMODATION POLICY:
In so far as possible, work shall be scheduled so that open excavations will not be left
overnight. Where trenches, pits or other excavations are within the clear roadside
areas and cannot be backfilled before leaving the job site, they shall be covered by
timbers or metal plates and protected by reflectorized and/or lighted barricades as
appropriate and as directed by the Engineer. Barricades sufficient to prevent a person
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from falling into an excavated or work area must be erected in areas where these
conditions exist.
VERTICAL GRADES:
No existing or design grades are provided on this project. It is the Contractor's
responsibility to provide his own grades ifhe so desires.
WARRANTY:
Unless otherwise specified, all contract work is subject to a 12-month warranty. The
12-month warranty is hereby modified to include the following: Any repairs,
corrections or modifications performed within the last six months of the original 12-
month warranty shall have the original 12-month warranty extended 180 calendar
days past the date of such repairs, corrections or modifications.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 1SO--TRAFFIC CONTROL
August 28, 1995
First Use: October 20, 1995
Modification of Special Provision
Section '150. Traffic Control (Rev. June 21,1994)
Retain Section. 150 as written a.nd add the following:
For this. project, all references to flags on ccnstraction warning signs in the Standard CoDStructi.on Details
listed below are deleted except for signs which are mounted at less than seven (7) feet in height (portable
signs). .
Standard Constrnction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Across Median
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscellaneous Details
In addition, G20-1, G20-2A, and W20-1 si~ shown on Georgia Standards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform to Part VI of the MUTeD, Revision 3, dated
September 3,1993.
150.02 we RK ze N ES: Delete "'Wark Zones" and substitute: Temporary Traffic Control Zones.
150.02. 8.2.: Delete last sentence a:nd substitute: Channelization device spacing shall be 10 feet for 200
feet in advance of the temporary gore, and 10 feet for the first 100 feet of the temporary gore.
150.03. F.1. MATERIALS - INTERIM SIGNS: Retain. as written. a.n.d addsecondpara.graph.
Posts for all interim signs shall be CODStructed to yield upon impact unless the posts are protected
by guardrail, portable barrier, impact attenuator or other type of positive barrier protection.
Unprotected posts shall meet the breakaway requirements of the "1985 AASHTO Standard
Specifications for Stru.ctura1 Supports for Highway Signs, Lnm;nl:lTies and Traffic Signals".
Unprotected post splices will not be permitted any higher than four inches above the ground line
to lessen the possibility of affecting the undercarriage of a. vehicle.
lS0.03.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION W~G SIGNS THAT ARE
REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE O~
WARNING FLAGS.
Delete first sentence of secand. paragraph and substitute:
Construction warning si~ which are mounted at less than seven feet in height (pOrtable.signs) shaD
have two 18 inch. % 18 inch fluorescent red-orange or orange-red w::tnnng t1ag.s mounted on each sign.
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DEl' ARTMENT OF TRANSPORTATION
STATE OF GEOR.GIA
150.04.E.2.a.2.: Retain. as written and add: In lane shift: areas skip lines are not allowed. Solid lines are
n~~ '.
150.04. E.2.b.1.: R.ett:::m as U11"i.tten. and add: In lane shift: areas skip lines are not allowed. Solid lines are
require~
150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE:Delde all refermces to Type 9 and substitute Type
11 (euuen).
150..1 0 PAYMENT: Item N,o. 641 - Delete reference to Type 9 and substitute Type 11 (euuen.).
SPECIAL PROVISION
SECTION 150- TRAFFIC CONTROL
June 22, 1994
First Use: July 24, 1994
Modification of Standard Specifications, 1993 Edition
Retain. Section 150 a.s written and add the/allowing:
For thiS project, all references in the Standard Construction Details Iistad below to Type I Barricades,
Type II Barricades, Type "A" flashing-lights and Type'''C" steady burn lights are deleted, except that
Type "C" lights will be required for tapers in nighttime lane closures. .
Standa.rd Construction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Across Median
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Le~nd, Miscellaneous Details
In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia St'~"t.iards 9102, 9106, 9107, and
applicable Standard Constroction Details shall conform to Part VI of the MUTCn, Revision 3, dated
September 3, 1993.
Detail "A" as shown on Georgia Standard 4960 is deleted.
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
Rev. Jane 21. 1994
First Use: July 24, 1994
Rev.: August. 10, 1994
Modification of the Standard Specifica.tions, Current Edition
Delete Section 150 as written and substituts! the following:
150.01 CESCRlPTlON: This section as supplemented by the Plans, Sp8f"ifi~t.iQUSf 3nd MUTCD shall be
considered the Traffic Control Plan. Activities shall consist offarni"hinf. iI1.gbTIinlt maini'~;ninf. and
1'eII1OV'inc necessary traffic si~. barricades, ~ts, sie:nals, cones, pB.TeJDel1t markiDp and other traffic
c:cntral devices and shall include ~a~T\i and other '"4!llIn, for enirJ!2"'~ and prated;inn of,",";tn]ar and
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
pedestrian traffic throueh the Work Zone. This Work shall include both maint;::a;"i,,~ aistinr devices
(excluding Traffic Signals) and in.sta1lin~ additional devices as necessary in construction W'Ork zones.
When any provisions of this Specification or the Plans do not meet the minimum requirements oC the
Manual on Uniform Traffic Control Devices CMUTCD), the MUTeD controls. The 1988 Edition oCthe
MUTCD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration oC the
project.
A. The Contractor shall designate a qualified individual as the Worksite Traffic Control SupervisOr
(WTCS) who shall be responsible for selecting, installing and mainbli";,,g all traffic control devices
in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's
traffic control responsil;l'iIities shall have priority over all other assigned duties. .
As the representa.tive of the Contractor, the mcs shall have full authority to act on behalf of the
Contractor in :ldml"l~tering the Traffic Control Plan. The WTCS shall have appropriate t:rainin~ in
safe traffic control practices in accordance with Part VI oithe MUTeD. In addition to the mes an
others m~lnng decisions regarding traffic control must meet the training requirements of Part VI of
the MUTCD. On projects where traffic control duties will not require full time supervision, the
. Engineer may allow the Contractor's Project Superintendent to serve as the mes as long as
satisfactory results are obtained. .
The WTCS shaIl have a copy of the MUTCD on 'the job site. Copies of current MUTeD may be
obtained from:
U.5. Government Printing Office
Superintendent of Doct1II1eD.ts
Mail Stop: SSOP
. Washirigton, D.C. 20402-9328
The WTeS shall be available on a 24-ho'lJ.r. basis as needed to maintain traffic control devices with
access to all personnel, materials and equipment necessary to respond effectively to an emergency
situation within forty-five (45) minutes of notification of the emefiency. .
The WTCS shall supervise the initial installa.tion of traffic control devices which will be reviewed by
the Engineer prior to the beg;"";,,g of constrtu:tion. Modifit'!:1t:inns to traffic control devices as required
by sequence oC operations or staged construction must be reviewed by the WTCS. The mcs shall
regularly perfonn inspections to ensure that traffic control is maintained..
B. .AIl traffic control devices used during the construction of a project shall meet the Standards utilized
in the MOTCD, and shall comply with the requirements of these Specifi~tions, Project Plans, and
Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09.
C. All ret1ectorization for construction (black on orange) signs, object markers, and channelization
devices shall meet the requirements of Section 913, Type II or ill unless otherwise specified. All other
signs shall meet the requirements of Type I unless otherwise specified.. .
D. No work shall be started on any project phase mitiI the appropriate traffic control devices have been
placed in accordance with. Project requirements. Changes to traffic flow shall not co'nU"enl"e unless
all labor, materials, and equipment necessary to make the changes are available on the Project.
E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation,
sequence oCwork and methods of providing for the safe passqe ofvehicaIar and pedestrian traffic
before it is placed in operation. The proposed plan of operation should sttpplement the approved .
traffic control plan. AI!y major' changes to the approved traffic control plan, proposed by the
Contra.ctDr, are to be submitted to the Deparanent for approval in accordance with Subsection 104.03
of the Standard Specifications.
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DEl' AR'Th!ENT OF TRANSPORTATION
STATE OF GEORGIA
Some additional traffic control details will be required prior to any major shifts of traffic. The traffic
control details shall include. but not be limited to, the following: .
L A detailed drawing showing traffic location and laneage for each step of the change.
2. The location, size, and message of all signs required by the MUTeD. Plans, Special Provisions.
and other signs as required to fit conditions. .
3. The m.ethod to be used in, and the limits of, the obliteration of conflicting lines and markin~.
4. Type, location, and extent of new lines and markings.
5. Horizontal and vertical alignment and superelevation rates for deto~. inclu~ cross section
and profile ~es along each edge of existing pavement.
6. Drainage details for temporazy and permanent alignments.
7. Location, length, and/or spacing of channelization and protective devices (temporary barrier.
guardrail, b3.l'ricades, ete.)
8. Starting time, duration and date of planned change.
9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing
workforce, materials, and equipment necessary to accomplish the proposed work. Th:ia will be the.
minimum resource allocation required in 9rder to start the work. .
The above details shall be submitted to the Engineer for approval at least: 14 days prior to the
anticipated traffic shift. The Contractor shall ha-ve traffic control details for a traffic shifl: which has
been approved by the Engineer prior to commencement of the physical shift. All preparatory work
relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the
designated starting time. The Engineer and the Contractor's representative will verify that all
conditions have been met prior to the Contractor obt~ining materials for the actual traffic shift.
F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be
maintained in accordance with Subsection 104.05 throughout the construction period. All
unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic
control devices shall be removed, placed or covered so as not to be visible to t:raffic. If traffic control
devices are left in place for more than ten days after completion of the Work, the Department shall
have the right to remove such devices, claim. possession thereof, and deduct the cost of such removal
from any monies due, or which may become. due. the Contra.ctcr.
G. The Department reserves the right to restrict construction operations when, in the opinion of the
Engineer, the continuance of the Work. would seriously binder traffic flow au days immediately before,
on, or after holidays or other days in which tmusual traffic conditions exist, incl~ threatJSn;ng or
inclement weather. .
150.02 WORK ZONES:
A. In addition to the other provisions contained herein, work zone traffic control shaD. be accomplished
using the following means and materials:
1. Portable advance warning signs as required by the contract or meeting the requirements of the '
MUTeD and Sub-Sectian 150.03.
2. Portable sequential or f1~s},mr arrow panels as shown in the Plans or Sp~_Hnns for use on
Interstate or multi-lane hid1way lane closure only. shaD be a minnnum size of 48" hieh by 96"
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DEPARTMENT OF TRANsPORTATION
STATE OF GEORGIA
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When ready to ~ the work activity, the police vehicle will pull into the travel lanes and act: as a
pilot vehicle slowing the traffic thereby pt'OViding a gap in traffic: allowing the Contractor to perl'otm
the Work. Any an-ramps between the pace and the work area shall be blocked during pacing of traffic,
with a f1.agger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be. opened
after the police vehicle ha.9 passed.
Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph
non-intarstate. The Contractor shall provide a vehicle to proceed in front of the police vehicle and
behind the other traffic in order to inform. the Contractor's work. force when an vehicles have cleared
the area.
Traffic: will not be permitted to stop during pacing except in extreme cases as approved bY the
Engineer.
2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in a.dvanc:e of
the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72
inch) with a Type "B" f1:.1J::ning light, with the legend "TRAFFIC SLOWED ). ~A n SHORT DELAT
(See Detail ISO-A). A porlable changeable message sign may be used in lieu of the W-special sign. On
divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted
at the sign, and upon notice that the traffic: ia to be paced shall tam on the flashing light and reveal
the sign. When traffic ia not being paced, the flashing light shall be tamed off and the sign covered
or removed. W-spedal signs are ret1ectorized black on orange, Series "e" letters and border of the size
specified.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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wide with not less than 15 lamps used for the arrow. The arrow will OCCUPYvi:rtuaIly the entire
size of the arrow panel and shall have a m;T'lnnum legibility distance of one mile. The minimam
legibility distance is that distance at which the arrow panel can be comprehended by an observer
on asmmy day, or clear night. Arrow panels shall be equipped with automatic n;mTn;T'lg f'ea.ttIres
for use during hours of darkness. The arrow panels shall also meet the requirements a.! shawn
in the MUTeD. The sequential or flashing arrow panels shall not be used for lane closures on two-
lane, two-way highways when traffic is restricted to one-lane operations in which. case,
appropriate signing, tlauers and when required, pilot vehicles will be deemed sufficient.
3. Portable changeable m'essage signs meeting the requirements of Section 632 and the MUTCD.
4. Channelization devices meeting the standards of the MUTeD and Subsection 150.05.
5. Precast concrete barrier meeting the requirements of Section 622.
6. Temporary traffic signals meeting the requirements of Section 641.
1. Pavement marking materials complying with Subsection 150.04.A..
B. LANE CLOSURES:
1. All lane closures shall have prior approval of the Engineer. Lane closures that require same
direction traffic to be split around the Work Area will not be approved for roadways with posted
speeds of 35 mph or greater, excluding turn. lanes.
2. On multilane highways where traffic has been shifted to the inside lanes for overnight use, the
entrance and exit ramps shall ha:vechanneUzation devices placed on both sides of the ramp. The
temporazy ramp taper length shall be greater. than, or equal to, the existing taper length. Interim
EXIT gore signs shall be placed at the ramp J:iytl~t:!lCe. C"~"'T'lAlization device spacing in the first'
100 feet of the temporary gore shall be 25 feet.
3. Termination Area: The transition to normal or full width. highway at the end of a lane closure
shall be a lTIJ:lnmumof150 feet.
4. To provide the greatest possible convenience to the public in accardance with Subsection 107.07,
the Contractor shall mnove all signs, lane closUre markings, and devices immediately when lane
closure work is completed or temporarily suspended for any length of time or as directed by the
Engineer.
C. TRAFFIC PACING METHOD:
1. PACING OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the
Contractor up to ten (10) minutes m::I"TiTTlUIJ:1 to work in or above all lanes of traffic for the
following purposes:
a. Placing bridge members or other bridge work.
b. Placing overhead sign strw:tores.
c. Other work items requiring interruption of traffic.
The Contractor shall provide a tmifonned police officer with patrol vehicle and blue flashing light for .
each dired:icn. of pacing. The police otlicer; Engineer, and flaggers at ramps shall be provided with a
radio which will provide continuous contact with the Contractor.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic
UDless separated by a positive bamer, or when canstruction acl.i. v it.S' necessitates otherwise, and shall
not reverse direction except at intersections, interchanges, or approved temporary c:rossings.
E. The Contractor shall ensure that dust, mud, and other debris from constract:ion activities do not
intenere with nctmal traffic operations or adjacent properties.
F. E::zisting .street lighting shall remain lighted as long as pn...H~ 1 aIui until removal is 3.IIi'~uv "d by the
Eniineer.
G. Adequate temporary lighting sh.alI be provided at all nighttime worlt sites where workers will be
immediately acljacent to traffic.
H. For their own pTOtection, workers in or ~djacent to traffic durinr nig:h~me operation shall wear
retlectorized vests.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
I. The parking of Contractor's and/or workers personal vehicles within the Work area or adjacent to
traffic is prohibited.
J. The Worksite Traffic Control Supervisor CWTCS) shall monitor the work to ensure that all the rocks,
boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are
kept clear of the travelway. These items shall be stored in a location, in so far as practical, where they
will not be subject to a vehicle running off the road and striking them.
K All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate
changes to ensting walkways, temporary walkways shall be provided and maintained, with
appropriate signs as necessary, to allow safe passage of pedestrian tr'a:ffk
150.03 SIGNS:
A. When required for proper traffic control duriIJ.g construction of the project, all existing guide, warning,
and regulatory signs shall be maintained by the Contractor in accordance with these Specifi("ations.
Existing street name signs shaD. be maintained at street intersections. All taisting illl1m;n~t-i!d signs.
shall remain lighted and be maintained by the Contractor.
B. When not in use, an inappropriate traffic signs or portions thereof shall be removed, placed or covered
so as not to be visible to traffic. All construction warning signs shall be removed within seven calendar
days after time charges are stopped or pay items are complete. Subsequent punch-list or other work
to be performed shall be accomplished uti.H7.ing temporary construction wanting signs that shall be
removed daily. .
C. The Contractor shall not remove any exist:ing. signs and supports without prior approval from the
Engineer. .All.existing signs.and supports which are to be removed shall be stored and protected as
di:rect:ed by the Engineer, and become the property of the Department unless otherwise specified in
the contract documents.
D. Interim g:uide, warning, or regulatory signs required to. direct traffic shall be furnished, installed,
reused and maintained by the Contractor in accordance with the MUTeD, the Plans, Special
Provisions, or as directed by the Engineer. These signs shall remain the property of the Contractor.
The bottom of all interim signs shall be at least seven feet above the level of pavement edge.
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E. Existing special guide signs on the Project shall be maintained until conditions require a change in
locaticn. or legend content. When change is required, existing' signs shall be modified and continued
in use if the required modification can. be made within ~ sign borders using' design
requtrements (legend, letter size, spacing, border, ete.) equal to that .of the existing sigos, or of
Subsection 150.03.E.5. Differing' legend de~gns shall not be mixed in the same sign.
I. SPECIAL GUIDE SIGNS: Special guide signs are those apresSW3y or freeway ~de signs that
are designed with a m.essage content Qegend) that applies to a particular roadway location. When.
an existing special gaide sign is in ronnfli(1; with work to be performed, the Contractor shall remove
the ccnf1icting sign and reset it in a new, ncn~nflicting' location which has been approved by the
Engineer.
2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize a:isting signs, either in
place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new
interim. special ~de signs in a.ccordance with the Plans or as directed by the Engineer.
3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide sign
structures are not required to be lighted tmless specifically required by the Plans. If~ting' is
required the sign shall be liihted as soon as erected and shall remain lie:hted, during the hours
of darkness, until the interim sign is no longer required. The Contn.ctor shall notify the Power
Company at least thirty {30) days prior to desiriz1c c:onnec:tion to the power source.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. The iIlstallation of new permanent special guide signs and the pennanent modification or
rese~ of existing special guide signs, when included in the contract, shall be accomplished as
soon as practical to miniTTl;'7.e the use of interim special guide signs. Iflighting is required by the
Plans, all new pennanent overhead special iUide signs shall be lighted as soon as erected.
5. Interim special guide signs that may be required in additian to, or a replacement for, existing
expressway and freeway (interstate) signs must be desiEIled and fabricated in compliance with
the minimum requirements far guide signing contained in Part 2E "Guide Signs Expressways"
.and Part 2F "Guide Signs Freeways" af the MUTeD, except that the minimum size of alllettel'S
and numerals in the names of places, streets and highways on all signs shall be 16 inches Series
~" initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48
inches and 60 inches' for two-numeral and three-numeral routes, respectively. Additionally, the
exit road name or route shield shall be placed on the exit gore sign.
F. MATERIAI..S - INTERIM SIGNS:
L POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green
or silver paint may be used in lieu of ga}"r-In;7ation for steel posts or strw:tura1 shape posts. W cod
posts are not required to be pressure treated. .
2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 of the
Specifications except that blaIlks and panels may be ferrous based or other metal alloys. Type 1
and Type 2 sign blanks sh.a1l have a minimum thickness of 0.08 inches regardless of the sign type
used. Altema.tive si~blank materials (composites, poly carbonates, fiberglass reinforced plastics,
recycled plastics, ete.) shall have a letter of approval from the Office of Materials and Research
for use as interim construction signs before these materials are allowed to be incoTporated into:
. the work. Signs shall be painted to prevent rust if other metals are used' in lieu of aluminum.
Plywood blanks or panels will not be permitted.
G. All existing, interim and new permanent signs shall be insta.Iled so as to be completely visible for an
advance distance in compliance with the MUTeD. Limbs, brush, construction equipment and
materials shall be kept clear of the driver's line of sight to the signs. .
H. Advance waming sig:cs shall be placed ahead of construction in a.cccrdance with Part VI of the
MUTCD and shall 'include a series of at least three advance road constroction CW20-1) signs placed
at the tetmini of the project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET,
AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend
ROAD WORK (2 MILES, 1 MILE, AND 112 MILE.) On-ramps and at grade intersecting roadways
shall be signed with a minimum of one ROAD WORKAHEAD sign.. .
.An const::rUction waming sigcs shall have two 18 inch x 18 inch fluorescent red-orange or orange-red
warning flags mounted on each including the project construction signs (G20-1 and G20-2A.) Project
mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest
whole mile. All constrad:ion warning .sigos on divided highways shall be double indicated (ie., on the.
left and right sides of the roadway.) . '
L The sequential or flashing arrow panels shall be placed on the shoulder at ar near the point where
the lane closing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable
sapport. Vehicle mounted panels shall be provided with remote controls. M;nimmn moun1:ine heiPt
shall be seven feet above the roadway to the bottom of the panel, e:ept on vehicle mounted panels
which should be as high as practical.
J. The portable changeable message sign, wh~ specified, shall be placed ahead of construction activities
and shall meet the requirements of Section 632 and the MUTeD.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
K. The flashing beacon assembly, when specified. shall be used in conjunction with construction w:m1ing
sigos, regulatory, or guide si~ to inform. traffic of special road COnditioDS wbich require additional
driver attention. The fhsnmg beacon assembly shall be installed in accordance with the requirements
of Section 647. .
150.04 PAVEMENT MARKINGS
A Generally, full patteTn pavement markings in accordance with Section 652 and in conformance with
Section 3A and 3B, except 3B-3 and 3B-5, of the MUTCD are required on all comses before the
roadway is opened to traffic. No passing zones shall be marlted to conform to Section 150.04 E. During
CODStruction and maintenance activities on all highways open to traffic, both exi.sting ma.rk:ings and
markings applied under this Section shall be fully m~;nbmed until Final Acceptance. If the pavement
markings are, or become, un.satisfactory in the judgement of the Engineer due to wear, weathering',
or construction activities, they shall be restored immediately. On resurfacing projects pavement
markings shall be provided on all sutfaces that are placed over existing markings. On widening and
recoDStruction projects (where the lane configuration is altered from the pre-<:onstruction layout)
pavement markings will be as required by the Plans or the Engineer. On new construction projects
pavement marking plans will be provided.
B. MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width
and shall conform to the requirements of Section 652, except as modified herein. Raised pavement
markers (RPMs) shall meet the requirements of Section 654. Markings on the final surface course
which must be removed shall be a removable type. The Contractor will be pennitted to use paint,
thennoplastic, or tape on pavement which is to be overlaid as part of the project, nnIess otherwise
directed by the Eniineer. Partial (skip) reflectorization (ie. ret1ectorizing only a portion of a stripe)
will not be allowed.
C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of
markings in the final lane configuration at the earliest possible stage.
Inappropriate or conflicting existing pavement markings shall be removed.
When .shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall
be removed prior to, during. or immediately after any change sa as to present the least interference'
with traffic.
Before any change in traffic lane(s) aliE11ment, marking removal equipment shall be present on the
project for immediate use. If marking removal equipment failures occur, the equipment shall be
repaired or replaced (including leasing equipment if necessary), SO' that the removal can be
accomplished without delay.
Except for the final smface, markings on asphaltic concrete may be obliterated by an overlay course,
when approved by the Engineer. When an asphaltic concrete overlay is placed for the sale purpose
of AllmTnl:lt.mg cxmfli,.nngmark:ings and the in place asphaltic concrete section will allow, said overlay
will be eligible for payment only if designated in. the Plans. Overlays to obliterate lines will be paid.
for only once and farther traffic shift.s in the same area'shall be accomplished with removable
m.ark:ings. Only the mmimvm asphaltic amcrete thickness required to cover lines (generally 60 lbJsq.
yd. of Asphaltic Concrete "H") will be allowed. F,Tressive build-up will not be permitted. When an
overlay for the sole purpose of elm,Tn~t.mg amflic:ting mark:ings is not allowed, the markings no longer
applicable shall be removed in accordance with Subsection 656.02. The AHTn;nl3tinu of c:ont1icting
pavement markings by overpainting with paint or liquid asphalt is not acceptable.
D. Raised pavement markers (RPMs) are recimred as listed below for an asphaltic concrete pave111mtts
before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or final
surfa.cs and is open to traffic, one calendar day is allowed for cleaning and drying before the
installa.tian of RPMs is required.
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DJ::P ARTMENT OF T.R..ANSPORTATION
STATE OF GEOR.GIA
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1..: On Interstate and limited access highways under conatrud;ion, e%cluding projed, consi.stine
primarily of asphalt resurfacing items, retro-retlect:ive raised pavement markers CRPMs) shall be
placed and/or maintained on intennediate pavement smfa.ces opened to traftic as follows:
a. SUPPLEMENTING LANE LINES: .
80 foot centers on skip lines with curvature less than three degrees. (Includes tangents.)
40 foot centers on solid lines and all lines with c:urva.ture between three degrees and six
degrees.
20 foot centers Gn curves over six degrees.
20 foot centers on lane transit:ions or shifts.
b. SUPPLEMENTING RAMP GORE LINES:
20 foot ceIl.ters, two each, placed side by: side.
Co OTHER LINES:
As shown OIl. the plans or directed by the Engineer..
2. On other highways under construction RPMs shall be used and/or maintained on intennediate
pavement surfaces as follows:
a. SUPPLEMEmING LANE LINES AMJ SOLID .LINES:
40 foot centers except on lane shifts. (When required in the Plans or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
b. SUPPLEl\1ENTING DOUBLE SOLID LINES:
40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans
or Contract.)
20 foot centers OIl. lane shift3. (Required in all cases.)
RPMs are ngt allowed on right edge'lines.
E. EXCEPrrONS FOR INTE1UM MARKINGS: Some exceptions to the time ofpI~cement and pattem
of markings are permitted as noted below, however, full pattern pavement markings are required for
the completed project.
1. TWO-LANE, TWO-WAY ROADWAYS
a. SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 acept that stripes
shall be at least four feet long with a m~";Tnmn gap. of 36 feet. On curves ~ than six
degrees, a two-foot stripe with a m~";Tnlm1 gap of 18 feet shall be used. In lane shift areas
skip lines will not be allowed. Solid Lines will be required. Interim skip lines will be
permitted for a period not to e:eed 14 calendar days. Interim skip lines must b. replaced
with marltings in full campIiance with Section 652 prior to ezpiration of the 14 calendar day-
p~od. .
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DEPART:MENT OF TRANSPORTATION
STATE OF GEORGIA
Interim raised pavement markers may be substituted for the interim: skip Onaken) stripes.
If raised pavement mark.er.i are substituted far the rour foot interim skip stripe, four markers
spaced at equal intervals over a roar feet distance will be required. No separate payment will
be made if the interim raised pavement markers are substituted for interim skip lines.
Interim raised pavement markers sh3n be retro-reflective, shall be the same color as the
pavement markers for which they are substitt1ted, and shall be visible during'da;ytime.
The type of interim marker and method of attachment to the pavement must be approved by
the Office ofMa.terials and Research but in no case will the markers be attached by the use
of nails.
. The interim raised pavement markers must be maintained until the full pattern pavement
markings are applied. At the time full pattern pavement markings are applied the interim
raised markers shall be removed in a manner that will not interfere with application of the
full pattern pavement markings.
b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three
calendar days where skip centerlines are in place, no-passing zones may be identified by
using post 01" portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the
beginning and at intervals not to exceed 112 mue within each no-passing zone. A post or
portable mounted PASS WITH CARE regulatory sign (R4-1 24" x 30") shall be placed at the
end of each no-passing zone. Post mounted signs shall be placed in accordance with the
MUTeD. Portable signs must have a minimum, vertical height of three feet above the
pavement surface to the bottom of the sign and be secured iIi such a manner as to not be
easily blown over or misaligned.
Co ED GE LINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
surfaces (including asphaltic conaete leveling for bituminous SUIface treatment paving) that
are in use for a period ofIess than 60 calendar days except at bridge approaches, on lane
transitio:LS, lane shifI:.s, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 30 calendar days of the time that the final smfa.ce
was placed.
(2) All OtherTypes or Pavement: E~ will not be required on intermediate surfaces that
are in use for a period of less than 30 calendar days except at bridge approaches, on lane
transitions, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgeIines must be placed within 14 calendar ~ of the time that the -surface was
placed.
d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stepban, symbols,
words and other similar II13rll::inp shall be placed on final surfaces conform.ing to Section 652
within 14 calendar days or completion or the final surface. On intetmediate surfaces these
marlcings will generally not be required unless specified by the E~er because of special
conditions 01" when the intermediate surface will be in use for more than 45 calendar days.
2. MULTI-LANE HIGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOUR FEET OR LESS
a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE)
(1) Centerlines and No-Passing Barrier - Full pattem centerlines and no-p~ barriers
shaD be restored before nigb.~
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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(2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.I.a. may be
used for periods not to eueed three calendar days.
(3) Edg-elines - Edgelines shall be placed on intermediate and final surl'aces within three
calendar days of obliteration. ' ,
b. DIVIDED HIGHWAYS (GRASS ORRAlSED MEDIAN)
(1) Lanelines - Full pattern skip stripe shall be restored before nightfall.
(2) CenterlinelEdgeline - Solid lines shall be placed on intermediate and final surfaces within
three calendar days of obliteration.
, Co Miscellaneous Pavement Markings Same as Subsection 1S0.0U.I.d.
3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER
THAN FOUR FEET
a. Same as Subsection 150.04.E.2. except as noted iD. (b) below.
b. EDGELINES-
(1) Asphaltic Concrete Pavement - Edgelines shall be placed OD. intermediate and final
surfaces prior to opening to traffic.
(2) Portland Cement Concrete Pavement - Edgelines shall be placed on any surface open to
traffic no later than one' calendar day afl:er work is completed on a section of roadway. .All
water and residue shall be removed prior to 'daily striping.
F. APPLICATION OF PAVEMENT MARKINGS: The Contractor shall fumish layout, clean as
necessary, and preline the surface for the placement of pavement markings applied under this .
SectioD.. All existing marking tape on final surfaces shall be removed prior to placement of final
markings.
Pavement markings shall re-establish No-PaSsing Zones in the locations and configmation that'
e:z:isted prior to construction.. ,Ensting No-Passing Zones shall be clearly identified as to location prior
to construction by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new
, location project.9 and on projects where either horizontal or vertical alignments have been modified..
the location oCNo-Passing Zones will be identified by the Engineer. "
G. MOBILE OPERATIONS: 'When pavement 'markings (centerIines, lane lines, and edge lines) are
applied in a continuous operation by ~ vehicles and equipment, the fonowing minimum
equipment and waminjt devices shall be required in addition to the requirements of the MUTCD:
1. A lead vehicle is required for two-way traffic conditions and shall have an apJ.ol.l'uved sequential
OT tJ:l.c;mng :mow panel mounted so as to be easiIyvisible to oncoming traftic. A lead vehicle is not
required for low volume off-system routes and one-way traffic applications.
2. The work vehicle applying markings shall have a sequAnfiJ:ll or f1~Jq},ing arrow panel mounted on
the rear. If the workvehicle is also fimctioning as the lead vehicle then an ap~.l'Uved arrow panel
shall be mounted so as to be easily visible to oncoming traffic. The wotk. vehicle shall fonow
directly behind the lead vehicle.
3. The work vehicle pl~ cones shall fonow directly behind the .writ vehicle applying the
markings. The cone wotk vehicle shall have a sequential or fJ~Jq},ing- arrow panel malmted on the
rear.
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DEPARTMENT OF TRANsPORTATION
STATE OF GEORGIA
4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the PTOtection '
vehicle shall also display a prominent sign With the leg-end PASS ON LEn CRIGHT). On
interstate and limited access roadways, the protection vehicle shall be equipped with a truck
mounted attenuater (TMA) that is certified for impacts not less than 45 mph in accon:Iance with
NCHRP 230.
5. All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right-
side rear mounted flashing- yellow lights. '
150.05 CHANNELIZATION
A GENERAL: Channelization should clearly delineate the travelway thiough the work zone and alert
drivers and pedestrians to conditions created by work activities in or near the traveIway.
Chazmelization shall be done in accordance with the plans and specifications, the MUTCD, and the
foIlo'Wing requirements.
L 'Types of Devices Permitted for Channelization in Construction Work Zones:
a. . DRUMS:
(1) DESIGN: Drums shall meet the minimum re~ment of the MUTeD and shall be
reflectorized as required in Subsection 150.01.C.
(2) APPLICATION: Drums shall be used as the required channelizine: device to delineate the
full length of a lane closure, shift:, or encro=:I.t~'hment, except as modified by this Subsection.
(a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be used on all
transition tapers. The minimum length of the approach transition taper for a lane closure,.
shift, or encro::at"rIlTIf1nt fur highways with posted speed of 45 mph or greater shall be equal
to the lane width oflateraI shift (Ft.) x the posted speed limit (Mph), (L = WS), but not
less than 150 feet. FOT multiple lane closures~ only one lane may be closed per taper with.
a minimum tangent length of 2L between tapers. The leng-th of a closed lane, excluding
the transition taper, will be limited to two mile, unless otherwise approved or directed by
the Engineer. D~ shall be placed the full length of the taper spaced at m~TT1um
intervals in feet equal to the. numerical speed limit (EXAMPLE: 55 Mph Speed Limit =
55 feet m::a-rnnmn spacing).
For taper lengths on urban, resid~i:i~ or other streets where the posted speed is 40 mph
. or less, the miIIimum length of the approach transition taper inay be computed using the
formula L = W'S2/60. Greater ~per length shall be used when required for..individual
situations.
Drums with steady bUl'I1:ing lights, for the length of the taper only, are required if the
condition exists into the night.
(b) LONGITUDINAL CHANNELIZATION: Drams shall be spaced as listed below for
various roadside work conditions e:z:cept as modified by Sabsection 150.06. Spacing shall'
be used for situations meeting any of the conditions listed as follows:
(1) 50 FOOT SPACING MAXIMUM:
(a) For difference in ~evation exceeding two inches.
(b) For healed sections no steeper than 4:1 as shown in Sahsection 150.06, Detail
ISO-E..
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.DEPARTMENT OF TRANSPOR.TATION
STATE OF GEORGIA
(2)'100 FOOT SPACING MAXIMUM:
(a) For difference in elevation of two inches or less.
(b) Flush areas where equipment or workers are within ten feet of the travel lane.
(3) 200 FOOT SPACING ~' Where equipment or workers are more than
ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane.
(a) For paved areas eight feet or greater in width that are paved flush with a
standard width travel lane. .
(b) For disturbed shoulder areas not completed to typical section that are flush
to the travel lane and considered a usable shoulder.
When the appt'Opliate signs are posted advising of ccnditions such as soft or low
shoulder, drums may be removed after shoulders are completed to typical section
and ~sed and after guardrail or other safety devices have been installed. '
b. VERTICAL PANELS:
(1) DESIGN:.All vertic:al panels shall have a rrriTlimt'U"11 of 270 square inches of retro-reflective
areafa.cing the traffic and shall meet the requirements of the MUTeD.
(2) APPLICATION: Lane encro:lfO},ment by the drum on the travelway should pennit a
!"pm ~imng lane width of ten feet. When encroachment reduces the travelway to less than ten
feet, vertical panels shall be used to restore the travelway to ten feet or greater. No other
application ofvertica1 panels will be permitteci
Co CONES:
(1) DESIGN:.All cones shall be a minimmn of 28 inches in height regardless of application and
shall meet the requirement of the MUTCD.
. ,
(2) APPLICATION: For longitudinal channeli.zine: only, cones will be permitted for daylight
closures or minor shifts. (])roms are required for all tapers.) The use of cones for nighttime
work will not be permitted.
d. BARRICADES:
(1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type m
barricades shall meet the minimum requirements of the MUTCD and shall be ret1ectorized
as required in Subsection 150.01.C.
(2) APPUCATION: Type m barricades shall be placed as required by the plans: the
Standards, and as directed by the Enaineer.
e. WARNING UGHTS:
(1) DESIGN: All warning lights shall meet the requirements of the Mt.1TCD.
(2) APPUCATION:
(a) Type A low-intensity tt:lshing lights shall be used as shawn in the Plans, the
Standards, and as directed by the F.ng-;naer. F1:1,qhinr liehts are not required for advance
warning signs in Subsection 150.03.11. ..
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
0,
(b) Type C Steady-Bum lig'hts shall be used on all tapers when the condition aim into
the night. Steady-bum !ightzl shall also be used as shown in the Plans, the Standards, and
as directed by the Engineer. '
f. PORTABLE BARRIERS:
(1) DESIGN: Portable Barriers shall meet the requirements of Section 622 - PRECAST
CONCRETE BARRIER. '
(2) APPUCATION: Portable Barrie1'S shall be placed as reqtrlred by the plans. standards, and
as directed by the Engineer. When Portable Barrier is located 20 feet or less from a travel
lane, yellow Tef1ect:ors shall be fixed to the top of the barrier at intervals not greater than 50
feet and shall be mounted appro%imately two inches above the bamer. The reflectors shall
be either 10" x 10" square Type V (or equal) reflective sheeting' mounted on fiat-sheet panels,
or 8" diameter center-mounted sealed prismatic retlex refIecton housed in an almnmtlm
backing' with a single grommeted hole. '
Approach end ofPortable Barrier shall be fIared or protected by an impact attenuator (crash
cushion) or other approved trea.tJ::C.ent, in 0 a.ccot'dance with Georgia. Standard 4960,'
Construction Details and Standard Specifications.
On interstate or other controlled access highways where lane shifts or crossovers cause
opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as
a separator.
B., TEMPORARY SAND LOADED ATI'ENUATOR MODULES
1. DESCRIPrION: This work consi.st.s of the furni~;,;ng , i:c.s'b TIJ:ation, maintenance, relocatio~ reuse
as reql1ired, and removal: of Temporary Sand Loaded Attenuator Modules for traffic impact
attenuators.
2. MATERIALS: Materials used in the Attenuatcr shall meet the requirements of Subsection 648.02
for Type 2 Sand Loaded Modules - Cylindrical Drmns or Type 2-A Sand Loaded Modules _
Stabilizer Drums with Wine Glass shaped Inner Containers.
3. CONSTRUCTION: Temporary Sand Loaded Attanuator Module installation shall conform to the
requirements of Subsection 648.03, Manufa.ctarer's recommendationa, and Georgia. Standard.
4960 and shall be installed at loc:ations designated by the Engineer.
C. PORTABLE IMPACT ATTENUATORS: '
1. DESCRIPI'ION: This work consists of the furnishing (including spare parts), installation"
maintenance, relocation, reuse as required, and removal of Portable Impact Attenuators.
2. MATElUALS: Materials lISed in the Attenuator shall meet the requirements of Section 650 for
Type A Portable Impact Att;(onnJ:at~rS. '
3. CONSTRUCTION: Portable ImpactAttenuator installation shall confom1 to the reqWtl:J11eI1ts of
Subsection 650.03, Manufacturer's recommendatioI1.9, and Georgia Standard 4960 and shall be
in.sta.lled at.10cati0ns designated by the Engineer, and/or shown on the plans.
D. TEMPORARY GUARDRAIL ANCHORAGE - Type 11:
1. DESCRIPrION: This work consists of the furn.i~;,ing. installation, m~mt.Jlm~n'"8 and removal of
Temporary Guardrail Anchorage - Type 11 used for Portable Barrier or temporary ~ end
treatment. '
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
2. MATER.IAlS: Materials used in the Temporary Guardrail Anchorage - Type 11 shall meet the .
requirements of Subsection 641.02 of the Standard Specifications and current Georgia. Standards
and may be new or used. Materials salvaged from the Project which meet the requirements of
Standards may be utilized if available. The use of any salvaged materials will require prior
approval of the Engineer:.
3. CONSTRUCTION: Installation of the Temporary Gu3rdrai1 Anchorage - Type 11 shall conform
to the requirements of the Plans, cUrrent Georgia Standards and Subsection 641.03 of the
Standard Specifications. Installation shall also include sufficient additional guardrail and
appur'tSln!:ln~s to effect the transition and connection to Temporary Concrete Barrier as required
. by the details in G~rgia. Standard 4960.
150.06 EXCAVATION ADJACENT TO A TRAVEL LANE: Construction work involving. trenching a.cija.cent
to a travelway shall not begin until the Contractor is able to continuously place the required typical
section to within two inches of the ex:isting' pavement elevatio~ or heal the rem::a;ning- difference in
elevation to the traveled way as showu in Detail150-E.
Chan.oeli2:::aH(ln devices and placement during the construction period shall com9rm to the requirements
of Subsection 150~05 and Details 150-B, l50-C, 150-D, and 150-E shown herein.
In addition to the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT)
(RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream
of the point where channelization devices are erected on the paving edge.
A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Dro~ in elevation of more-than
two inches between surfaces carrying, or a.cijacent to, traffic will not be allowed for more than 24
hours. However, where the Contractor has demonstrated the ability to continuously excavate and
backfill in a proficient manner, a single, length of excavated area not to exceed 1000 feet may be left;
open as a start up area for periods not to exceed 48 hours.
B. ASPHALT BASES/BINDERS: Drop-offs in elevation of more than two inches between surfaces
canying or adjacent to traffic will not be allowed for more than 48 hours.
C. PORTLAND CEMENT CONCRETE AND CE:MENT STABIUZED BASES: Construction work
acijacent to the traveled way which involves these ,types of bases shall be healed within 48 hours after
the ClUing period is complete for each section placed. During the placement period, traffic control
devices will be in accordance with Subsection 150.05 and Detail 150-B.
D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRAVELWAY: Work such as
drainage structures, utility facilities, or any other work which results in a drop-oH adjacent to the
travelway shall be periOtmed expeditiously so as to mi"im;.,~e the exposure to the hazard. As soon as
practic:aI, the excavation shall be backfilled to the minimum requirements of Detail 150-E. In no case
will the drop-offbe allowed to exist more than five calendar days. This may require stage con.stroction,
such a.9 plating and backfilling the incomplete work.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
'. '. .....". "::::~. -: ~'.: -~:..'. .-
.:
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NOTt. Drums ,.e~.dred for Thrs
locCl1'lon.aoaced crt SO FT. InTervals.
If the 'tf"C1veled woy WrdTh ,
Is reduced TO lesa Then
to fee1' by Tne use of dMJm$o
ve,.TIc:ef ponet.s &r1a11 be u.sed
, In lieu of druns. '
LocaTIon of dr"uns when
crag-off exceed.s .. Inene.s.
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.:..._-_....:....:._-.;..~---\
t NEW CONSTRUCTION 1c'
TRAVEL LANE
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DROP-OFF GREATER THAN 4 INCHES
OET AIL 150-8
Drum.s spaced 01'
SO feeT InTervals.
LOc:clTton of drum" when
drop-off la 2+ Ind"lea TO
.. Inches.
1;
NEW CONSTRUCTION
--=-:.------\.
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+
TRAVEL LANE
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DROP-OFF OF 2+ INCHES TO 4 INCHES
DETAIL ISO-C
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DEPARTMENT OF TRANsPORTATION
STATE OF GEORGIA.
", : '~~;-, <~;::~~~:~;~;~~1~?~:-;,i::i'<: ',~" :':' ;, :' .-
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. ",:. .:.:...,...., .'t. .
OrUma SQ<2c.d at
100 f..t Int.rval&,
Locatron of druna when
drop-a"" fa 2 Tnd'les 01"' le~
~1':'~,::,_~____\
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NEW CONSTRUCTION
+
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, TRAVEL LANE
DROP-OFF OF' 2 INCHES OR LESS'
DETAIL 150-0
Locctron of dnnns Immedlotely
oft.... comgletlon of' he<2led sectfon.
spac.d at SO "1'. rntervols.
Como~cted ~r"oded
a~9r".9at..subb<2s.
mater-lot or" dTr"t.
TOP OF ORUM TO BE LEVEL
2 ft. +/-
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NO STEEPER THAN 4:1
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NEW CONSTRUCTION
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TRAVEL LANE
HEALED SECTION
OEr AIL ISO-E
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'DEPARTMENT OF TRANsPORTATION
STATE OF GEORGIA
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150.07 FLAGGING AND PILOT CARS:
A. FIaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions,
and as required by the Engineer.
B. AIl flaggers shall meet the requirements of the MUTeD and most have received training- and a
certificate upon completion of the training from a Department approved training program. Failure
to provide certified fIaggers as required above shall be reason for the Engineer suspending- work
involving the flagg-erCs) until the Contractor provides the certified f1agger(s). .
C. Flaggers shall wear high-visibility clot.hiz;,.g in compliance with the MUTCD and shall use a StapJSIow
paddle meeting the requirements of the MUTCD for controlling traffic. The StopJSIow paddles shall
have a shaft leIIgth of seven (7) feet minimum. In addition to the Stop/Slow paddle, a flagger ma,y use
a 24 inches square red/orange flag 33 an additional device to a.ttra.ct attention. For night work, the
vest shall have reflectorized stripes on front and back.
D. Pilot vehicles shall be provided if specified in the PIans or Specifications and meet the requirements
of the MUTeD.
E. Signs for flagger traffic control shall be placed in. advance of the flaggmg operation in accordance with
the MUTeD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of
the presence oftbe flagger shall be placed beyond the point where traffic can reasonably be expected
to stop under the most severe conditions for that day's work..
150.08 ENFORCEMENT: The safe passage of pedestrians and traffic through and around the te.mpOr3Iy
traffic control zone, while mini'l'TlioriT'lg confusion and disruption to traffic flow, shall have priority over all '
other Contrad:Or activities. Continued faiIme of the Contractor to comply with the requirements of Section'
150 CI'RAFFIe CONTROL) will result in non-refundable deductions ofmnnies from the Contract as shown
in this Subsection for non-performance of Work.
Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending
all other work on the Project, except erosion control and traffic control, taking corrective action as
specified in Subsection 105.15, and/orwithholding-payment of monies due the Contractor for any work
on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to
the deductions for non-performance of traffic control.
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PEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIeS OF
TRAFFIC CONTROL INSTAlLATION AND/OR MAINTENANCE
ORIGINAL TOTAl CONTRACT AMOUNT
From More Than To and IncludinE! Dailv Ch3r2'e
$0 $100,000 $100
100.000 1,000,000 250
1,000,000 5,000,000 500
5,000,000 20,000,000 750
20,000,000 40,000,000 1,000
40,000,000 - 1,500
150.09 MEASUREMENT:
A. TRAFFIc CON'rn.OL: When listed as a pay item in the Proposal, payment will be made at the Lump
Sum price bid, which will iI1clude all traffic control not paid for separately, and will be paid as follows:
When the first Construction Report is submitted, a payment of 25 (twenty-five) percent of the
Lump Sum price will be made. For each. progress payment thereafl:er, the total of the Project
percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid cress
previous payments). not to exceed one hundred (100) percent and subject to normal retainage.
When no payment item for Traffic Control-Lump Sum is shown in the Proposal. all of the
~ts of Section 150 and the Traffic Control PIan shall be in full force and effect. The cost of
complying with these requ:irements will not be paid for separately, but shall be included in the overall,
bid submittal.
B. SIGNS: When shown as a pay item in the contract, interim special ~de signs will be paid for as
listed below. All other regulatory, warning, and g'Uide signs, as required by the Contract, will be paid,
for under Traffic Control Lamp Sum or included in the overall bid submitted.
1. Interim ground mounted or interim overhead special guide signs will be measuredlOr payment
by the square foot. This payment shall be full compensation for furni!;hing the signs, including
StIpports as required, erecting', illuminating overhead signs, mainbini"g', removing, re-erecting,
and.final removal from. the Project. Payment will be made only one time regardless of the number
of moves required.
2. Remove and reset eDsting special guide siics, ground mount or overhead, complete, in place, will
be measured for payIttent per each. Payment will be made only one time r:eg-ardless of the number'
of moves required.
3. Modify special guide signs, ground motlI1t or overhead, will be measured for payment by the
square foot. The area measured shall include only t:ha1: portion of the sign modified. Payment shaII
include materials, removal from posts or supports when necessary, and remounting as required.
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DEPARTMENT OF TRANsPORTATION
STATE OF GEORGIA
C. PRECAST MEDIAN BARRIER: Precast Median Barrierd be measured as specified in Section 622.
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured
as specified in Section 632. '
E. TEMPORARY GUARDRAIL ANCHORAGE, Type 11: Temporary Guardrail Anchorage _ Type 11 will
be measured by each assembly, complete in place and accepted according to the details shown in the
plans, which shall also include the additional e:uard.rail and appurten~nces necessary for transition
and connection to Temporary Concrete Barrier. Payment shall include all necessary materials,
equipment, labor, site preparation, main~n~nce and removal.
F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation - Temporary will be
measured as specified in Section 647.
G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies will be mea.mred as specified in
Section 647.
H. TEMPORARY, SAND LOADED ATI'ENUATOR MODULES: Each Sand Loaded AttenuaUlr Module
of the type specified includes all material components, hardware, incidentals, labor, site preparation.
and mainteI:1ance. Each mod1Jle will be measured for payment by the dram. only once regardless of the
number of locations installed. Modules to replace those d~TTH:aged or destroyed by traffic impact will
also be measured by the unit for payment. Upon completion of the project, the modules shall be
removed and retained by the Contractor.
I. PORTABLE IMPACT ATI'ENUATORS: Each Portable ImpactAttenuatorwill be measured by the
unit which shall include all material components, hardware, incidentals, labor, site preparation, and
maintenance, including spare parts recommended by the manufacture for repairing minor accident
damage. Each unit will be measured cmIy once regardless of the number of locations installed, moves
required, or number of repairs necessary because of traffic n~""!:Ige. Upon completion of the project,
the units shall be removed and retained by the Contractor.
.T. P A VEMENr MARKINGS: Pavement ma.rk:ings will be measured as specified in Section 150.
150.10 PAYMENT:
Wben shown in the Schedule of Items in the Proposal, the following items will be paid for separately.
IUm No. 150. Traffic Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sam.
Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (C~lor) ..... ~ . . . . . . . . per Linear Mile
Item No. 150. Traffic Control, Solid Traffic Stripe,
Thermoplastic Inch, (Color) ... ..: . . ... . . . . . . .. .. . .. . . .. per Linear Mile
Item No. 150. Traffic: Control, Skip Traffic Stripe,
Thermoplastic Inch, (Color) .......... . ..... ........... per Linear Mile
Item No. 150. Traffic Control, Pavement: Arrow with Raised Reflectors .............. . .. per Each
Item No. 150. Traffic Control, Raised Pave~ent Markers - All Types .. . . . . . . . . . . . . . . . .. per Each
Item No. 150. Interim Ground Mounted Special Guide Signs. . . . . . . .. . . . . . . . . . .. per Square Foot
Item No. 150. Interim Overhead Special Guide Signs .......................... per Square Foot
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" DEPARTMENT OF TRANsPORTATION
STArn OF GEORGIA '
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"" Itan No. 150.
Item No. 150.
Item No. 150.
Item No. 150.
Item No. 150.
Item No. 150.
Item No. 150.
Item No. 150.
Item No. 622.
Item No. 632.
Item No. 641
Item No. 647.
Item No. 647.
Item. No. 647.
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RemoVe &: Reset Exist:in, Special Guide Signs,
Ground Mount:, Complet;e in Place . . . ': . . : . . . . . . . . . . . . . . . . _ . . . . . . . ',~ per Each
Remove &: Reset, Exist:in, Special Guide Signs~ ,
. Overhead,Complete in Place ................. '. . . . . . . . . '. . . . . . . . . .. Per Each
Traffic Control, Temporazy Sand Loaded .Attenuator Modules ....... ~ . . ~. per Each
Traffic Control, Portable Impact Atten~r . . " . . . . . . . . . . . . . . . . . . . . . . . .. Per Each
Traffic Control, Pavement Markers, Words and Symbols . . . . . : . . . .. per Sqaare Foot
Traffic: Control, Pa:vementArrow (Painted) WIth Raised Reflectors... . . .... per Each
Mod:itY Special Guide Sign, Ground Mount. . .. . . . . ~ . . . . . . . . . ~ . . .. per Square Foot
Modify Special Guide Sign, Overhead ........'................... per Square Foot
~caat Concrete Median Bamer '. . . . . . . " . . . . . . . . . . . ... . .'. : . . . . . . . per ~ar Foot
ChangealJle Message Sign, Portable ..;.'.....'......................... per Each
, Temporary Guardrail Anchorage, Type 11 ...... ~ . . .. .,' . .. . .... .. . . . . .. pel' Each
Traffic Signal Installation, Temp ....................:..............! Lump Sum
Flas},;T'lg' Beacon Assembly, Stracture Mounted. . . . . . : . . . . . . . . . . . . . . . . .. per Each
Flashing Beacon Asseinbly, Cable Supported,. . . . . . . .. . . . . . . . . .. . . . . . . .. per Each
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