HomeMy WebLinkAboutHyde Park Drainage Improvements
Augusta Richmond GA
DOCUMENT NAME: U 1 ~ E. PAel<. 'b {2..(-\ ,'N A<J b :r rYlFD V G "'~ S'
DOCUMENT TYPE: c.. 0 tv 1"" ~A-C'"
YEAR: lOjq 9
BOX NUMBER: YJ
FILE NUMBER: J L( ~ 0 1
NUMBER OF PAGES:
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CONTRACT DOCUMENTS
FOR
HYDE PARK
DRAINAGE IMPROVEMENTS
PROJECT NO. 51-8571-269
(REVISED 1-15-99)
i'
.11
MARKEL
MARKEL INSURANCE COMPANY
PO Box 3870, Glen Allen, Virginia 23060
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, THAT Mabus Construction Company. Inc.. 916 Molly Pond
Road, Augusta, Georgia 30901
, (hereinafter called the Principal), as Principal, and MARKEL INSURANCE
COMPANY, a corporation organized and existing under the laws of the State oflllinois, with its principal office in Glen
Allen, Virginia (hereinafter called the Surety), as Surety are held and firmly bound unto Augusta-Richmond County
Commission-Council, 1815 Marvin Griffin Road. Augusta. Georgia 30906
(hereinafter called the Owner), in the amount of Nine Hundred Forty-Two Thousand. Six Hundred
Eighty-Three and 27/100 -
($ 942,683.27
) Dollars, for the payment
whereof Principal and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and
severally, firmly by these presents,
WHEREAS, Principal has entered into a certain Contract with the Owner, dated the
day of
,19_,
for Hyde Park Drainage Improvements
Pro;ect Number: 51-8571-269
NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect.
Whenever the Principal shall be, and declared by Owner to be in default for failure tv perform the requirements of the
Contract, the Owner, having performed the Owner's obligation thereunder, the Surety may promptly remedy the default, or
shall promptly:
I. Complete the requirements of the Contract in accordance with its terms and conditions, or
2, . Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety
of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though
there should be a default or a succession of defaults under the contract or contracts of completion arranged under th is paragraph)
sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and
damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof, The term "balance of
the contract price" as used in this paragraph, shall mean the total amount payable by Owner to Principal under the Agreemcnt
,and any amcndments thereto, less the amount propcrly paid by Owner to Principal.
Any suit under this bond must be instituted before the expiration of two (2) years from the date on which final payment under
the Contract falls due.
No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein
or the heirs, executors, administrators or sllccessors of the Owner.
IN WITNESS WHEREOF, the said Principal and Surety have signed and scaled this instrument this
of , 19--.2L.
day
Mabus Construction Company. Inc.
Principal
. ~
Markel Insurance Company ,~
Surety /,,;,'-f .'> ;:::;,','
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B ^^ ~ "' .', ',,,i-:'J ''''$
y L.V-J-~_ ~. /'..... .. .~--'-~ ~
aura W. Dennison '~;''l~.~(tGI'~fC)z~IH\,1~~ct
',. "
~j1AGt fY). ~:U~
Witness '
AlA Documcnt A311
I'crl'ormnncc Bond nnd Lnbor nnd Mnlcrinl rnymcnl I30nd
Fehruary 1970 Ed,
Thc Amcricanlnslitutc of Architects
COUNTERSIGNED
BY:~~
.o'R IDENT ~GENT
-
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MARKEL
MARKEL INSURANCE COMPANY
po Box 3870, Glen Allen, Virginia 23060
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, nlAT Mabus Construction Company. Inc.. 916 Molly Ponel RnRn,
Augusta, Georgia 30901 , (her~inafter called the Principal), as Principal, and MARKEL INSURANCE COMPANY, a
corporation organized and existing under the laws of the State of Illinois, with its principal office in Glen Allen, Virginia (hereinafter
cnllcd the Surety), as Surety are held and firmly bound unto Augus ta- Richmond Conn ty Comrni ~ ~i nn -Cnl1nl"; , ,
1815 Marvin Griffin Road, Augusta, Georgia 30906
(hereinafter called the Owner), in the amount of Nine Hundred Forty-Two Thousand, Six Hundred
Eighty-Three and 27/100 -
,($ 942,683.27
) Dollars, for the payment whercof Principal
and Surety bind themselves, and their heirs, administrators, executors, successors and assigns, jointly and severally, finnly by these
presents,
WHEREAS, Principal has entered into a certain Contract with the Owner, dated the
WI' Hyde Park Drainage Improvements
Project Number: 51-8571-269
day of
,19~,
NOW THEREFORE, the condition of this obligation is such that if the Principal shall promptly make payment to all claimants as
hcreinafter defined, for all labor and material used or reasonably required for use in the perfomlance of the Contract, then this obligation
shall be void; otherwise it shall remain in full force and effect, subject, however, to the following conditions:
I. A claimant is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both,
used or reasonably required for use in the perfonnance of the Contract, labor and material being construed to include that part of watcr, gas,
powcr, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract.
2. Thc above named Principal and Surety hereby jointly and severally agree with the Owner that cvery claimant as herein defined, who has nol
been paid in full before the expiration ofa period of ninety (90) days aner 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
judgemcnt for such sum or sums as may be justly due claimant, and havc cxecution thereon, The Owner shall not be liable for the payment
of any costs or expenses of any such suit.
), No suit or action shall be commenced hereunder by any claimant: (a) Unless claimant, other than one having a direct contract with the Principal,
shall have given written notice to any two of the following: the Principal, the owner, or the Surety above namcd, within nincty (90) days aner
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 matcrial were furnished, or for whom the work or labor was
done or performed, Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope:
addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in
any manner in which legal process may be served in the state in which the aforesaid project is located, save that such service need not be made
by a public officer, (b) Aner the expiration of one (I) year following the date on which Principal ceased Work on said Contract, it being
understood, however, that if any limitation embodied in this bond is prohibited by any law controlliJg the construction hereof such limitation
shall be deemed to be amended so as to be equal to the minimum period of limitation permilled by such law, (c) Other than in a state court of
competent jurisdiction in and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or
in the United States District Court for the district in which the Project, or any parlthcreof~ is situated, and not elsewhere,
4, The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed or recorded against said improvement, whether or /lot claim for the amount of such
lien be presented under and against this bond,
IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed-this instrument this
of ,19~,
day
Mabus Construction Company, Inc.
Principal
Markel Insurance Company
Surety
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w J;bd~~ ~~tt9m'X-In!Fact .
Wit ess
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Witness
^,A Document A311
I'crlormanee Dond and Labor and Material Paymcnt Dond
February 1970 Ed.
The American Institute of Architects
COUNTERSIGNED
By:.~r~
R IDE~ GENT
,4 ~ I
.' POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATIORNEY(S)-IN-FACT
KNOW ALL MEN BY THESE PRESENTS:
That Markellnsurance Company ("Corporation"), a corporation organized and existing under the laws of the State of illinois with
its main office at Shand Morahan Plaza in the City of Evanston, Il1inois, and the administrative office at Richmond, Virginia: does
hereby nominate, constitute and appoint, for the purpose stated herein, Cameron M. Harris of Columbia, Inc" Columbia, South
Carolina, acting through its staff, C. Criss Williams, Jr. or Laura W. Dennison, its true and lawful attorney(s)-in-fact, with full
power and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois and States
where the Corporanon is qualified to act as an admitted insurer, all bonds, recognizances, undertakings, contracts of suretyship
or other written obligations required pursuant to the payment, bid, performance, license, permit and miscellaneous bond program
developed by the Corporation with a limit of liability not to exceed $5,000,000 per writing; and the execution of such bonds in
pursuance of these presents shall be as binding upon said Markel Insurance Company to all intents 'and purposes as if duly
executed by its Chairman, Vice Chairman, President and Chief Operating Officer, Executive Vice President, any Vice President,
sealed with its corporate seal, and attested by its Secretary or Assistant Secretary.
This Power of Attorney and Certificate of Authority shall only be valid if evidencing original or facsimile signatures and only if
the raised seal of the Corporation is affi."(ed hereto; no copy, certified or otherwise, shall have any validity or effect This Power
of Attorney and Certificate of Authority is made and executed by authority of a resolution adopted by the Board of Directors of
which the following is a true and exact copy. '
"RESOLVED:
That, pursuant to Section 8.6 of the Corporation'S Bylaws, the Chairman, Vice Chairman, President and Chief
Operating Officer, Executive Vice President, any Vice President, and Secretary, and any Assistant Secretary
are hereby authorized and empowered as the Corporation's attorney-in-fact, to make and execute on behalf of
the Corporation, in illinois and States where the Corporation is qualified to act as an admitted insurer, bonds,
recognizances, undertakings, contracts of suretyship or other written obliaations required pursuant to the
payment, bid, performance, license, permit and miscellaneous bond program developed by the Corporation and
are further authorized and empowered to select and appoint individuals as its attorney-in-fact, with full power
and authority to make, execute and deliver, for and on its behalf as surety, and as its act and deed, in Illinois
and States where the Corporation is qualified as an admitted insurer, all bonds, recognizances, undertakings,
contracts of suretyship or other written obligations required pursuant to the payment, bid, performance, license,
permit and miscellaneous bond program developed by the Corporation; provided further, that the liability of
the Corporation on any such writing executed under this authority shall not exceed $5,000,000; also to execute
such instruments as may be necessary or proper in connection with the settlement of claims or the recovery of
reinsurance or salvage.
IN WITNESS WHEREOF, Markel Insurance Company has caused these presents to be signed by its duly authorized officer and
the Corporate Seal to be hereunto affi."(ed this 24th day of April , 19..2L.
By:
COUNTY OF HENRlCO )
COMMONWEAL TH OF VIRGINIA )
The foregoing instrument was acknowledged before me this 24th day of April
Garrv w. Black
. 19..21.... by
&l~~~v.y9. NO~&C
My Commission Expires:
June 30, 2000
CERTIFICATE
I, the undersigned, Assistant Secretary of MARKEL INSU'RAJ.'lCE COl'YIPAJ.'\lY, a stock corporation of the State of Illinois,
DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force
and has not been revoked; and funhermore, that the Standing Resolutions of the Board of Directors, as set forth in the
Certificate of Authority, are now in force.
Signed and Sealed etsrre Administrative Office of the Company, in the City of Richmond, State of Virginia, Dated this
?"dayo.f ' 19_,
"'-
...J:.,.. -
By:
~.t0cJ. ~
Myra Hey, Assistant S~re
~~
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.." ,i Client#: 14540 MABUS CONS 1
- .~.
ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYY)
05/07/99
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Cameron M. Harris Columbia ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
140 Stoneridge Drive (29210) HOLDER, THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P. O. Box 386
Columbia, SC 29202 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Travelers Indemnity of Amer
Mabus Construction Co., Inc. INSURER B: The Trav. Ind.Co. of II.
916 Molly Pond Road. INSURERC: Charter Oak Fire Insurance Co
Augusta, GA 30901 INSURER D:
I INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
NSR TYPE OF INSURANCE POLICY NUMBER Pg~.f: ~~%R-~~ P%~flIFjN:}Ct~~\N LIMITS
LTR
A GENERAL L1ABIUTY DTC0982K1031TIA99 03/01/99 03/01/00 EACH OCCURRENCE $1,000,000
-
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone lire) $ 300,000
I CLAIMS MADE [X] OCCUR MED EXP (Anyone person) $ 5 000
PERSONAL & ADV INJURY $1, 000, 000
-
GENERAL AGGREGATE $2 , 0 0 0 , 0 0 0
-
GEN'L AGGREGATE L1M IT APPLIES PER: PRODUCTS -COMP/OP AGG $2, OOO,~
I POLICY n ~WT IXl LOC
B AllTOMOBILE LIABILITY DT810982K0998TIL99 03/01/99 03/01/00 COMBINED SINGLE LIMIT
- $1,000,000
X ANY AUTO (Ea accldant)
-
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
X HIRED AUTOS BODILY INJURY
- $
~ NON.QWNED AllTOS (Per accident)
- PROPERTY DAMAGE $
(Per accident)
GARAGE L1ABIUTY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
A EXCESS LIABILITY DTSMCUP982K0998IND 03/01/99 03/01/00 EACH OCCURRENCE $1 000 000
o OCCUR D CLAIMS MADE AGGREGATE $1 000,000
$
~ DEDUCTIBLE $
X RETENTION $10000 $
C WORKERS COMPENSATION AND UB982K094999 03/01/99 03/01/00 X IT~~$T~J~;" I IO~'
EMPLOYERS' LIABILITY $100,000
E.L. EACH ACCIDENT
E,L, DISEASE. EA EMPLOYEE $100,000
E.L. DISEASE. POLICY LIMIT $500,000
OTHER
DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Project Number: 51-8571-269
Hyde Park Drainage Improvements
CERTlRCATE HOLDER I I ADDmONALINSURED'INSURERLETTER: CANCELLATION
SHOULD ANYOFTH E ABOVE 0 ESCRJBED POLICIES BE CANCELLED BEFORE TH E EXPlRATlON
Augusta-Richmond County DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3JL_ DAYS WRITTEN
Commission-Council NOTlCETOTHE CERTIFICATE HOLDER NAMED TOTHE LEFT, BUT FAILURE TODOSOSHALL
1815 Marvin Griffin Road IMPOSE NO OBLIGATION OR LIABILITY OF ANYKlND UPON THE INSURER,ITSAGENTS OR
Augusta, GA 30906 REPRESENTATIVES,
Afi:l:E~EN7 d=
I -;
,
ACORD 25-S (7/97) 1 0 f 2
#M27514
IS 1 @ ACORD CORPORATION 1988
... .~
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon,
ACORD 25-5 (7/97) 2 0 f 2 #M2 7 514
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LIST OF PROJECT DOCUMENTS
Hyde Park Drainage 'Improvements
Project Number: 51-8571-269
SECTION
PAGES
Instruction to Bidders
IB-l thru IB-3
Georgia Prompt Pay Act
PPA-l thru PPA-2
Minority and Economically
Disadvantaged Business Support
ME-l
Special Conditions
SP-l thru SP-3
Agreement
A-l thru A-4
General Conditions
1 thru 33
Supplementary Conditions
SC-l thru SC-2
Proposal
P-l thru P-S
General Notes
G-l thru G-14
Traffic Control
TC-l thru TC-23
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SECTION IB
INSTRUCTION TO BIDDERS
IB-01
GENERAL
All proposals must be presented in a sealed envelope,
addressed to the Owner. The proposal must be filed with the
Owner on or before the time stated in the invitation for bids.
Mailed proposals will be treated in every respect as though
filed in person and will be subject to the same requirements.
Proposals received subsequent to the time stated will
be returned unopened. Prior to the time stated any proposal
may be withdrawn at the discretion of the bidder, but no
proposal may be withdrawn for a period of sixty (60) days after
bids have been opened, pending the execution of contract with
the successful bidder.
IB-02
EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy
himself as to the nature and location of the work, the
conformation of the ground, the character, quality and quantity
of the facilities needed preliminary to and during the
prosecution of the work, the general and local conditions, and
all other matters which can in any way affect the work or the
cost thereof under the contract. No oral agreement or
conversation with any officer, agent, or employee of the Owner,
either before or after the execution of the contract, shall
affect or modify any of the terms or obligations therein.
IB-03
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans,
specifications or other prebid documents will be made to any
bidder orally.
Every request for such interpretation should be in
writing addressed to the Director of Public Works, 1815 Marvin
Griffin Road, Augusta, Georgia 30906, and to be given
consideration must be received at least five days prior to the
date fixed for the opening of bids. Any and all such
interpretations and any supplemental instructions will be in
the form of written addenda to the specifications which, if
issued, will be sent by certified mail with return receipt
requested to all prospective bidders (at the respective
addresses furnished for such purposes), not later than three
days prior to the date fixed for the opening of bids. Failure
of any bidder to receive any such addendum or interpretation
shall not relieve such bidder from any obligation under his bid
as submitted. All addenda so issued shall become nart of the
Contract Documents.
IB-1
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IB-04
PREPARATION OF BIDS
Bids shall be submitted on' the forms provided and
must be signed by the bidder or his authorized representative.
Any corrections to entries made on bid forms should be
initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid
forms, unless specific directions in the advertisement, on the
bid form, or in the special specifications allow for partial
bids. Failure to quote on all items may disqualify the bid.
When quotations on all items are not required, bidders shall
insert the words "no bid" where appropriate.
Alternative bids will not be considered unless
specifically called for.
Telegraphic bids will not be considered.
Modifications to bids already submitted will be allowed if
submitted by telegraph prior to the time fixed in the
Invitation for Bids. Modifications shall be submitted as such,
and shall not reveal the total amount of either the original or
revised bids.
Bids by wholly owned proprietorships or partnerships
will be signed by all owners. Bids of corporations will be
signed by an officer of the firm and his signature attested by
the secretary thereof who will affix the corporate seal to the
proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-05 BASIS OF 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 of him
fails to satisfy the Owner that such bidder is properly
qualified to carry out the obligations of the contract and to
complete the work contemplated therein. Part of the evidence
required above shall consist of a list of the names and
addresses of not less than five (5) firms or corporations for
which the bidder has done similar work.
IB-07
PERFORMANCE BOND
At the time of entering into the contract, the
Contractor shall give bond to the Owner for the use of the
Owner and all persons doing work or furnishing skill, tools,
machinery or materials under or for the purpose of such
contract, conditional for the payment as they become due, of
all just claims for such work, tools, machinery, skill and
terms, for saving the Owner harmless from all cost and charges
that may accrue on account of the doing of the work specified,
and for compliance with the laws pertaining thereto. Said bond
shall be for the amount of the contract satiSfactory to the
Owner and authorized by law to do business in the State of
Georgia.
Attorneys-in-fact who sign bonds must file with each
copy thereof a certified and effectively dated copy of the
power of attorney.
IB-08
REJECTION OF BIDS
These proposals are asked for in good faith, and
awards will be made as soon as practicable, provided
satisfactory bids are received. The right is reserved, however
to waive any informalities in bidding, to reject any and all
proposals, or to accept a bid other than the lowest submitted
if such action is deemed to be in the best interest of the
Owner.
IB-3
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GEORGIA PROMPT PAY ACT
This Agreement is intended by the Parties to, and does,
supersede any and all provisions of the Georgia Prompt Pay Act,
O.C.G.A. Section 13-11-1, et seq. In the event any provision of
this Agreement is inconsistent with any provision of the Prompt
Pay Act, the provision of this Agreement shall control.
All claims, disputes and other matters in question between the
Owner and the Contractor arising out of or relating to the
Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond County, Georgia. The Contractor, by
executing this Agreement, specifically consents to venue in
Richmond County and waives any right to contest the venue in the
Superior Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the
parties agree that no interest shall be due Contractor on any
sum held as retainage pursuant to this Agreement and Contractor
specifically waives any claim to same.
NOTICE
All references in this document, which includes all papers,
writings, drawings, plans or photographs to be used in
connection with this document, to "Richmond County Board of
Connnissioners" 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 l~its the Contractor
shall furnish the Engineer a copy of written per.mission, signed
by the property owner (or his authorized agent) describing the
estimated amount and type of material to be placed on said
property. If any portland cement concrete, asphaltic concrete,
wood or other such materials are to be wasted on the property, a
PPA-l
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copy of the owner's inert landfill permit, issued by the
Environmental Protection Division shall be furnished to the
Engineer prior to any such waste being ,removed from the project.
In all cases, regardless of the material being wasted, a grading
per.mit issued by Augusta-Richmond County must be furnished to
the Engineer.
PPA-2
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MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County-
Council to increase the involvement of qualified minority and
economically disadvantaged businesses in the contracted work
of County Government.
In an effort to support this intention, this
project is offered to g1l qualified firms. The bids will be
evaluated based on qualifications, price and construction
time. with all other items being considered equal, the
contract, if awarded will be awarded to a minority and
economically disadvantaged firm or a firm that has included
such firms as subcontractors on this project.
The bidders shall include with their bid a
statement of qualification for themselves and/or any
qualified subcontractors explaining why they should be
considered a minority or economically disadvantaged firm. If
the firm does not fall into this category, no information is
necessary.
ME-l
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HYDE PARK DRAINAGE IMPROVEMENTS
Project Number:
51-8571-269
SPECIAL CONDITIONS
SCOPE:
This project includes drainage ~rovements in the Hyde Park
Subdivision area (see plans) in accordance with the
specifications and plans. The Contractor shall supply all
materials, equipment, labor and supervision necessary to
properly complete this project.
TERMINI AND LENGTH:
(See Plans)
LUMP SUM CONSTRUCTION:
Item Number 230-1000 Lump Sum Construction includes, but is
not limited to, the following: Locating, maintaining and
reclaiming disposal areas, right of way considerations,
construction staking, removals and relocations not covered
by a separate pay item, excavation, sawing pavement,
removing and resetting of other obstructions and any other
item not covered by a specific pay item.
NOTE: It shall be the Contractors responsibility to contact
the railroad and provide insurance coverage as required by
the railroad. Railroad officials may be contacted as
follows for details:
Norfolk Southern Corporation
600 West Peachtree Street, SW, Box 142
Atlanta, Georgia 30308-3603
(404)529-2353 Contact Person: J. M. Van Wart
(Please refer to File: 107-1-5094 EC)
Ask about the optional Railroad Protective Liability Ins.
R/W CONSIDERATIONS: (Costs to be included in Lump Sum Construction)
1) At 1940 Florida Avenue, the septic tank and drain line will
be in conflict with the proposed construction. Removal of
the septic tank and portions of the drainfield will be the
responsibility of the Contractor. No replacement is
necessary. The owner has been compensated including being
paid a tap fee to tap on to County sewerage.
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2) At 2012 Florida Avenue, Ms. Nellie K. Booker has a new
wooden privacy fence along the per~eter of her entire back
yard. The fence is for security and retaining her dogs.
The Contractor shall install a temporary fence for use
during construction unless he can satisfactorily perfor.m the
work without relocating the fence.
CONSTRUCTION NOTES:
1) Grades are critical on this project. The Contractor shall
use extreme care to assure positive flow and no ponding.
2) Prior to closing Dan Bowles Road to construct the proposed
concrete box culvert the contractor shall provide a detour
plan and construction sequence acceptable to the Engineer.
Any road closures or disruptions to no r.ma 1 traffic flow
shall be coordinated with the Augusta-Richmond County
Traffic Engineer (706-821-1845). All activities addressed
in this paragraph shall commence only after proper advance
notice as approved by the Engineer.
ALTERNATE BIDS:
NOTE:
All bidders must bid both ALTERNATE "A" and ALTERNATE "B".
1)
ALTERNATE "A" provides for clearing the ditch and 60'
easement and 4" concrete ditch paving from the Norfolk
Southern Railroad to Doug Barnard Parkway (S.R. 56 Loop).
2)
ALTERNATE "B" provides that the ditch and the 60' per.manent
drainage easement shall be cleaned, cleared and all debris
properly disposed of in lieu of paving the ditch from
Norfolk Southern Railroad to Doug Barnard Parkway (S.R. 56
Loop) .
3)
See plan sheet 18 and page SP-3 of this document for the
location of this work.
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160' GEORGIA POWER EASEMENT
(REALTY BOOK 19-Y, PAGE 420)
GRA VEL PIT R(
80' R/W
Tract l[
6.9~ Acres'
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SECTION A
AGREEMENT
THIS AGREEMENT, made on the j!!!-day of IYfIlJ ,19 ff by
and
between Augusta-Richmond County Commission-Council
party of the first part, hereinafter called the OWNER, and
Mabus Construction Company, Inc.
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the
considerations hereinafter named, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all of the
materials and all of the equipment and labor necessary, and to
perform all of the work shown on the plans and described in
the specifications for the project entitled:
Hyde Park Drainage Improvements
Project Number: 51-8571-269
and in accordance with the requirements and provisions of the
Contract Documents as defined in the General and Special
Condi tions hereto attached, which are hereby made a part of
this agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work to be performed under this Contract shall
be commenced wi thin 10 calendar days after the date of
written notice by the Owner to the Contractor to proceed. All
work shall be completed within 210 calendar days with such
extensions of time as are provi~ed 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 t~e for completion of the
work to be done hereunder are ESSENTIAL CONDITIONS of this
contract. Contractor agrees that said work shall be
prosecuted regularly, diligently, and uninterruptedly at such
rate of progress as will 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 Contrac t
for completing the work.
The said amount is fixed and agreed upon by and
between the Contractor and the Owner because of the
impracticability and extreme difficulty of fixing and
ascertaining the actual damages the Owner would, in such event,
sustain, and said amounts shall be retained from time to time
by the Owner from current periodical estimates.
It is further agreed that time is of the essence of
each and every portion of this Contract and the specifications
wherein a definite portion and certain length of time is fixed
for the additional time is allowed for the completion of an
work, the new time limit fixed by extension shall be the
essence of this contract.
ARTICLE III - PAYMENT
(a) The Contract Sum
The Owner shall pay to the Contractor for the
performance of the Contract the amount as stated in the
,Proposal and Schedule of Items. No variations shall be made in
the amount except as set forth in the specifications attached
hereto.
(b) Proqress Pavrnent
On no later than the fifth day every month, the
Contractor shall submit to the Owner's Engineer an estimate
covering the percentage of the total amount of the Contract
which has been completed from the start of the job up to and
including the last working day of the proceeding month,
together with such supporting evidence as may be required by
the Owner and/or the Engineer. This estimate shall include
only the quantities in place and at the unit prices as set
forth in the Bid Schedule.
On the vendor run following approval of the invoice
for payment, the Owner shall after deducting previous payments
made, pay to the Contractor 90% of the amount of the estimate
on units accepted in place. The 10% retained percentage may be
held by the Owner until the final completion and acceptance of
all work under the Contract.
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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 spec if ications, 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.
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.
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AUGUST~-R
COMM:lSI
(Own1r)
By:
Title:
Ma or of Au usta-
Richmond County Commission-Council
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Mabus Construction
Company, I
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SEAL
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Address:;;.v Mnll1J ~nd 4<d.
-~l!.,,>:LI GLJDJJI
Attest
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number Tille
.,
DEFINITIONS"."."""". "",'.'""", ."""""""'.,,,,'.,
PRELIMINARY MATTERS"" ",."", ""'.,, ,." ".""" ,.""
CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE......, .....................,..
AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS", ,." ,.'. ""',' ".. ,.", ",."" ,. ,." ..",
BONDS AND INSURANCE .............,..........................
CONTRACTOR'S RESPONSIBILITIES" ,...,.""".",.,,'...,.,
OTHER WORK .,""""""""""""""",."",..."",.,.",
OWNER'S RESPONSiBILITIES",.""""",.""".",."..,.",
ENGINEER'S STATUS DURING CONSTRUCTION ........,..,..
CHANGES IN THE WORK "" ,,'" ".",."", "",.." """,.."
CHANGE OF CONTRACT PRICE,., , '" ",., ""." " " "., "" , "
CHANGE OF CONTRACT TIME"",,"'."'" "",.,.""""""
WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK ".""", """,',' ,...."
PA YMENTS TO CONTRACTOR AND COMPLETION "",.,'.'"
SUSPENSION OF WORK AND TERMINATION ,,"'" "",.",.
ARBITRATION"".""",."",...",.,..."",..,.""",..."" ,
MISCELLANEOUS".......,..,.,..",.,.....""",."""",.., ..
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19
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14
16
29
31
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INDEX TO GENERAL CONDITIONS
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Anicl~ or Paragraph
NumbV'
Acceptance of Insurance '............................ 5.13
Access to the Work .,....... . .. . . . . .. . . .. .. .. . .. . .... 13.2
Addenda-<iefinition of (see definition of
Specifications) ",.....,..,......"..................., 1
Agreement~etinition of ................................ 1
All Risk Insur:1l1ce ..,.................,.,..............5.6
Amendment. Written ............................. 1. 3.1.1
Application for Payment~ennition of "".............. 1
Application for Payment. Final ...................... 14.12
Application for Progress Payment .................... 14.2
Application for Progress Payment-review of .... 14,4-14.7
Arbitration .,.,............,.......,.................... 16
Authorized Variation in Work ......................... 9.5
A vail ability of Lands '................................. 4,1
A ward. N otice of~efined .............................. 1
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Before Staning Construction ...................... ~.5-2.i
Bid--definition of "",........."..,....,..,........'... I
Bonds and Insurance-in general ........................ 5
Bonds-.ietinition of , , . , , , . . . . . , . . . . . , . . . . . . , . . . . . . . . . . .. I
.Bonds. Delivery of ......,...................... _ ~.1. 5.1
Bonds. Performance and Other .................... 5.1-5.:
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Cash Allowances ""...,.........,................... 11.8
Change Order.-iefinition of ,..,.",.."....,............ 1
Change Orclers-to be executed ...................... 10.4
Changes in the Work ,..,............................... 10
Claims. Waiver of.-:>n Final Payment ",.'.......... 14.16
Clarific:llions and Interpretations '.'"".".,'........, 9,4
Cleaning """"...'...",........""........ . . . . . ,. 6.1 i
Completion, , , , , , , , , , , . , , . , , , . , , , , , , , , , , . . , , , . .. . , , , , . " 14
Compietlon. SUDstamial """".", ,.""., ...., 14,8-14,9
Conference. Pre::onstruction """""""".".,."" :.8
Connie:. E:Tor. Dls.::repancy-Cllntractor
to Repon '"""""""",.,.".""".,.".., :.~. 3,3
Construction Machinery. Equipment. etc. .""......,. 6A
Continuing Work ,,'.................................. 6.19
Contract Documents-amending and
supplementing ",.,'..... ..'....,................ 3,4-j,5
Contract Documents-detinition of "',.,..,.........,.,. 1
Contract Documents-Intent ",."",.""",..... 3,1.3.3
Comract Documents-Reuse of """.."",..,.'..'" j,6
COnlrac: Price. Change of '.........,......"......,.... 1 1
Contract Price-iennition "...."..",................., I
Contract Time. Change oi ".......................,.." I ~
Contmct Time. Commencement of """""..,.,..". ~.3
Contmct Time-iennition of """"""""..""""" I
Contractor~erinition oi "..".,.,..............'"..... 1
COnlr:lctor May Stop Work or Terminate ,,'.,...,.... 15.5
Contmc:or's Continuing Obligation ...."............ 14,15
Commctor's Duty to Repon Discrepancy
in Documents ",'....,......................... ~.5. j.~
C0ntrtlCtor's F~.:-Cost Plus.., IIA,5,6. 11.5,1. ] 1.6-11.7
Contmctor's Liability Insurance" "".,."......."... 5.3
Contmctor's Responsibilities-in general """..."...,. 6
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Contractor's Warranty of Title ........................ 14.3
Contractors--other ..'................................... 7
Contractual Liability Insurance ....,................... 5.4
Coordinating Contractor~etinition of '.......,....... i.4
Coordination .......................................... 7.4
Copies of Documents ....,........,...,................ ~.:
CoETeCtion or Removal of Defective Work ........... 13.1 I
Com:ction Period. One Year ........................ 13.12
Com:ction. Removal or Acceptance of Defective
Work-in general ........................... 13.11-13.14
Cost-net decrease ...................:............. 11.6.2
Cost of Work '..,................................ 11.4-11.5
Costs. Supplemental. . . , . . . . . . . .. . . .. .. ... . . . .. . . ... 11.4.5
Day~ennition of ,.,.................................... 1
D~f~crive-definition of ,.,...,....,..................... I
D~f~crive Work. Acceptance of , . . . . . . . . . , . . . , . , . . . " 13.13
Def~crive Work. Correctlon or Removal of .......... 13. 11 .
Def~cl;veWork-ingeneral ............... 13. 14.i. 14,11
D~f~criv~ Work. Rejecting..... ,....... ....,.",.,. .... 9,6
Definitions ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
Delivery of Bonds .............................,....... 2.1
Determination for Unit Prices ........................ 9. I 0
Disputes. Decisions by Engineer................. 9.11-9. I2
Documents. Copies of .............,................... 2.:
Documents. Record .................................. 6.19
Doc:uments. Reuse ...,.................... . . . . . .. . .. .. 3.6
Drawing~etinition of ..,..,.....,......,.",.......... 1
Easements '.",....,............"..,....,......,..... 4.1
Effective date of Agreement~ennition of ,. , . , , , , , . , , . " 1
EmergenCIes "',...,"'"...,....,..".,..,"",..,.., 6.:::
Engineer-<iefinition of ",..',................,'....'..', I
Engineer's Decisions ,........,..............".. 9,10-9,1:2
Enginccr's-Notice Work is Acceptable """",.... 14,13
Engineer's Recommenciation oi Payment .,.,., 14.4. 14,13
Engineer's Responsibilities. Limitations
on ................. 6 .6 ,9 .11 , 9 . 13 -9 . 16 , 18 . 2
Engineer's Status During ConstrUction-in general .".., 9
Equipment. Labor. Materials and,...,.,....,.".,. 6.3-6.6
Equivalent Materials and Equipment ",.'.'""",.", 6.7
Explorations of physical conditions" " , , , , ,., "., .',., 4,:
Fee. Contractor's-CoStS Plus........... ............. 11.6
Field Order-<iennition of ,."."",.",.,..""".,..,.' I
Field Order-issued by Engineer "".."..,...,. 3.'s,I. 9,5
Final Application for Payment "..','..,....,..,...., 14,1:2
Final Inspecuon ..............,......,............... 14.11
Final Payment and Acceptance ...................,.. 14,13
Final Payment. Re::ommendation of "",...... 14,13-14,14
General Provisions ..........................:... 17,3-1 i.4
Genemi Requirements--definition of , . , . . , , . , . , , , , , , . , , " I
Gener:ll Requirements--pnncipal
references to "."",."..,.., 2.6.4.4.6.4. 6,6-6.7. 6.~3
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I Giving Notice...... ........ .......................... 17.1
Guarantee of Work-by ContraCtor................... 13.1
I Indemnification... . . . . . . . . . . . . .. . . . . . . . . .. .. 6.30.6.32. 7.5
Inspection. Final................ ....... ..... ......... 14.11
Inspection. Tests and ...........'...................... 13.3
Insurance. Bonds and-in general ....................... 5
I Insurance. Cenificates of ... ........................ 2.7.5
Insurance-completed operations..,................... 5.3
Insurance. Contractor's LiabilitY ,..................... 5.3
Insurance. Contractual Liability '...................... 5.4
I Insurance. Owner's Liability .......................... 5.5
Insurance. Propeny ,............................. 5.6-5.13
Insurance-Waiver of Rights ,.......,...,............ 5.11
Intent of Contract Documents .......,........... 3.3. 9.14
I Interpretations and Clarifications ,....,................ 9,4
Investigations of physical conditions. . , , , .. , . . . .. . . . . .. 4,1
I Labor. Materials and Equipment ................., 6.3-6.5
Laws and Regulations-definition of ....,.........,...... I
Laws and Regulations-general ... . , . . , . . . , . , . . . . . . . .. 6.14
Liability Insurance-Contractor's ..................... 5.3
I Liability Insurance-Owner's ,.....,.,...............' 5.5
Liens-delinitions of ,..""..........",............ 14,1
Limitations on Engineer's
Responsibilities......... .... ........ 6.6,9.11.9.13-9.16
I Materials and equipment-furnished by Contractor ,... 6.3
Materials and equipment-not
I incorporated in Work .............................. 14.2
Materials or equipment--equivalent ...,............... 6.7
Miscellaneous Provisions ............................... 17
Multi-prime contracts ....,.,.."........................ i
I Notice. Giving of ""..,........,..,., .......,.,...... 17,1
Notice of Acceptability of Projet:t ,..,............... 14.13
Notice of A ward-<ietinition of .......................... I
I Notice [0 Proceed-<ietinition of ...."................... I
Notice to Proceed-giving of '.."..................... 1.3
I "Or-Equal" Items """,.",.....',.,..........,.',... 6,i
Other contractors """...,.,..,...".,.....,..,.....," ";
Other work ..., , . , . , , . . , . . , . . . . . , . . . . . . . . . . . . . . . , . . . . . . .. i
Ovenime Work-prohibition of ..." ,.'"..,........... 6,3
I Owner-<ietinition of ,..,.,.......,.,......,.......,..,.. I
Owner May Correct Defective Work, ,..,............ 13.14
Owner May Stop Work"...,.......,............. ','. 13,10
Owner May Suspend Work. Terminate .......... 15.1-15";
I Owner's Duty to Execute Change Orders .."......." 11.3
Owner's Liability Insurance ........................... 5,5
Owner's Representative-Engineer [0 serve as ,',,"" 9,1
I Owner's Responsibilities-in general """.."".""", 3
Owner's Sc:parate Representative at site"",."""", 9,]
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Panial Utilization """"."",."."",.,.",."" 14,10
Partial Utilization-lerlnition ot' ".""",.,.,."""",. 1
Partial Utilization-Property Insurance ,..".....",.. 5,15
Patent Fees and Royalties .............,............., 6,11
Paymenls, Rel;ommendation of .........., 14,4-14, ,,;, 14, 13
Payments to C0ntractor-in general "",.".,.,.'"".. 14
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Payments to Contractor-when due ........... 14.4. 14.13
Payments to ContraCtor-withholding ................ 14.7
Performance and otber Bonds ..................... 5.1-5.2
Permits ...... . . . .. . . . . . . .. . .. . .. . .. . . .. . .. .. .. . .. . .... 6.13
Physic:a.l Conditions ................................... 4.2
Physical Conditions-Engineer's review............. 4.2.4
Physical Conditions-existing strUctures.. . . . .. .... .. 4.2.2
Physical Conditions-explorations and repons ....... 4.2.1
Physical Conditions-possible document change ..... 4.2.~
Physic:a.l Conditions-price and time adjustments ,... 4.1.5
Physical Conditions-report of differing ,.........,.. 4.2.3
Physical Conditions-Underground Facilities.......... 4,3
Preconstruction Conference ........................... 2.8
Preliminary Matters .,.,................................. 2
Premises. Use of ................................ 6.16-6.18
Price. Change of Contract .....................,........ II
Price.Contract-<iefinition of ............................ I
Progress Payment. Applications for. . . . , ..... . . . . ... .. 14.2
Progress Payment-retainage ......................... 14.2
Progress schedule ............... 2.6.2.9.6.6.6.29. 15.2.6
Project--definition of ...,........................,....... I
Project Representation-provision for .,......,........ 9.3
Projet:t Representative. Resident--definition of "........ I
Project. Staning the ....,........................."... 1.4
Property Insurance............................... 5.6-5.13
Property Insurance-Partial Utilization ............... 5.15
Property Insurance-Receipt and Application
of Proceeds ,."............................... 5.12-5.13
Protection. Safety and ........................... 6.20-6.21
Punch list ........,.................................. 14.11
Recommendation of Payment.................. 14.4. 14.13
Ret:ord Documents ,.................................. 6.19
Reference Points ...................................... 4.4
Regulations. Laws and ,.....................",...... 6.14
Rejet:ting Defective Work . . .. .. .. .. .. .. .. . . .. . .. .. . ... 9.6
Related Work at Site .,............................7.1-7,3
Remedies Not Exclusive ............................. 17.4
Removal or Correction of Defective Work ,.'"".... 13.11
Resident Project Represenrative--definition of "".""" I
Resident Project Representative-provision for",..... 9,3
Responsibilities. Contractor's-in general ,.,..,.",..,.' 6
Responsibilities. Engineer's-in general ......,.......... 9
Responsibilities. Owner's-in general.,...,...,...,....., 8
Retainage ."..',.,......... ..........,......"....... 14,2
Reuse of Documents ,."........,..................... ),5
Rights of Way ",..".............,......,.".,.,...,.. ~,I
Royalties. Patent Fees and ........................... 6,11
Safety and Protection , , , . , ., 6. 20-6 . 21, 18 . 1-18 . 2
Samples, ,., ,.., " , ".., " ,.' , ..,.....,., , " , , ,., 6.13.6.18
Schedule of progress "".... 1.6. 2.8-2.9. 6,6, 6.19. 15,1.6
Schedule of Shop Drawing
submissions...................... 1.6.1.3-2,9.6.23. 14,(
Schedule of values ,..................... 1.6. 2.8-2.9. 1~.1
Schedules. Finalizing, ..., " " .,.., ,....,. ., " .'" ,.... 1.9
Shop Drawings and Samples, , , ,........, " .,.'" 6.23-6,18
Shop Drawings-:Jefinition of , , . . , , . , . . . . , , . , . , , . . ,. . . , ,. I
Shop Drawings. use to approve
substitutions .,.,.....,.,........,......,.,...,.... 6,7,)
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Site. Visits to-by Engineer ...........................9.2
I Specifications-definition of ............................. 1
Starting ConstrUction. Before.. . . . . . . ., . . . . . . .. . . .. 2.5-2.8
Starting the Project ;.............;...........,......... 2.4
Stopping Work-by ContraCtor....... ...' ............ 15.5
I Stopping Work-byOwner .......................... 13.10
Subcontractor-definition of ............................. 1
Subcontractors-in general...,................... 6.8~.ll
SubcODtraCts-requircd provisions ...,........ 5.11.1. 6.11
I 11.4.3
Substantial Completioo--cenification of .............. 14.8
Substantial Completion-detinition of . . . . . . . . . . . . . . . . . . .. 1
I Substitute or "Or-Equal" Items....................... 6.7
Subsurface Conditions. . . , . . . . . .. . . . . . . . . . . . .. . . . .. 4.2-4.3
Supplemental costs ................................. 11.4.5
Supplementary Conditions-definition of ,............... 1
I Supplementary Conditions-principaJ
references to .. 2.2. 4.2.5.1.5.3. 5.6-5.8. 6.3. 6.13. 6.23.
7.4.9.3
Supplementing ContraCt Documents .."........... 3 ,4-3.5
I Supplier-definition of , . , , , , . .. . . . . . , . . .. . . ... , . . . . . . .... 1
Supplier-principal references to ... 3,6. 6.5. 6.7~.9. 6.20.
6.24.9.13.9.16.11.8.13.4.14.12
I Surety-consent to payment... , , .. ..,........ 14.12. 14.14
Surety-Engineer has no duty to ,.................... 9.13
Surety-notice to .......................... 10.1. 10.5. 15.2
Surety-qualification of ............. ... ........... 5.1-5.2
I Suspending Work.. by Owner ......................... 15.1
Suspension of Work and Termination-in general....... 15
Superintendent-Contractor's ......................... 6.2
Supervision and Superintendence. , . . . . , .. .. .. . . ... 6.1~.2
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Taxes-Payment by ContraCtor.. .. .. .. .. ..... .. .. .... 6.15
Tennination-by Contractor.......................... 15.5
Tennination-by Owner .""....,.........,.,.., 15.2-15.4
I Termination. Suspension of Work and-in general ",... 15
Tests and Inspections ""...."................. 13.3-13,7
Time. Change of Contract ,............................. 11
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Time. Computation of .................. _ . . . . . . . . . . . .. 17.2
Ttme. ContraCt~ctinition of ............................ I
Uncovering Work ............................... 13.8-13.9
Underground Facilities-definition of ,............,...... 1
Underground Facilities-not shown or indicated..". 4.3.2
Underground Facilities-protection of ........... 4.3.6.20
Underground Facilities-shown or indicated..."..., 4.3.1
Unit Price Work-definition of ....................,..... 1
UnitPriccWork-general ................. 11.9.14,1.14,5
Unit Prices.......................................,. 11.3.1
Unit Prices. Determinations for.., ,................... 9,10
Use of Premises...,......................,...... 6.16-6,18
Utility owners .......................... 6.13.6.20. 7.2-7,3
Values. Schedule of ......................... 2.6.2.9. 14.1
Variations in Work-Authorized............ 6.25. 6.27. 9.5
Visits to Sitc-by Engineer ..,...................."... 9 ,2
Waiver of C1aims-on Final Payment.....,...,.., '.' 14,16,
Waiver of Rights by insured panies ...,..."".. 5,10.6.11
Warranty and Guarantee-by Contractor.". ~......,. 13.1
Warrantv of Title. Contractor's "...................., 14.3
Work. Access to ,................. .............."." 13.2
Work-by others ....................,............,...... 7
Work Continuing During Disputes .................... 6.29
Work. Cost of ..........................,........ 11.4-11.5
Work-detinition of .,................................... 1
Work Directive Change-definition of ""............... I
Work Directive Change-principal
references to ............................ 3.4.3. 10.1-10.2
Work. Neglected by Contractor ..................... 13,14
Work. Stopping by Contractor.................,...... 15.5
Work. Stopping by Owner....................... 15.1-15.4
Written Amendment-detinition of ",...,.....".".,.,. I
Written Amendment-principal
references to ..................... 3.4.1. 10.1. 11.:. 11.1
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GENERAL CONDITIONS
I ARTICLE I-DEFINITIONS
Wherever used in these General Conditions or in the other
I Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof:
I Addenda-Written or graphic instruments issued prior to the
opening of Bids which clarify, correct or change the bidding
documents or the Contract Documents.
IA1!reem/.'I/I- The written agreement between OWN ER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to the Agreement and made
I a part thereof as provided therein,
Appliearioll .fi}r Paymellf- The form accepted by ENGI-
N EER which is to be used by CONTRACTOR in requesting
I progress or final payments and which is to include such sup-
porting Jo~umentation as is required by the Contract
Documents,
I Bid-The offer or proposal of the bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed,
I BOllds-Bid. performance and payment bonds and other
instruments of security,
I C!tange Order-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition, deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Time. issued
I on or after the Effecti\'e Date of the Agreemenl.
COn/reler Do ClIIII/.'IIfS- The Agreement. ,-\ddenda I which per-
tain to the Contract Documents). CONTRACTOR's Bid
I (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.
I these General Conditions. the Supplementary Conditions, the
Specifications and the Drawings as the same are more spe-
cifically identified in the ,-\greement. together with all amend-
ments, modifications and supplements issued pursuant to
I paragraphs 3 A and 3,5 l10 or after the Effecti ve Date of the
Agreement,
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C Vlltrelct Prie/.'- The moneys payable by OWN ER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement lsubject to the provisiuns of paragraph 11.9,1 in
the case of Unit Price Work!.
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COlltI'llC( Till/('- The number of Jays (computed as proviJeJ
in parJgraph 17.:~) or the date slated in the Agree....:nt for the
compktion uf the Wurk,
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CONTRACTUR- The person. firm or corporJtion with whllm
OWN ER has entered into the Agreemenl.
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defeetil'e-An adjective which when modifying the word Work
refers to Work that is unsatisfactory, faulty or deficient. or
does not conform to the Contract Documents. or does not
meet the requirements of any inspection. reference standard.
test or approval referred to in the Contract Documents. or
has been'damaged prior to ENGINEER's recommendation
of final payment t unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14,8 or 14,10),
Drall'ill~s- The drawings which show the character and scope
of the Work to be performed and which have been prepared
or approved by ENGINEER and are referred to in the Con-
tract Documents,
Effeetil'e Dare of tire A,lfreemellt- The date indicated in the
Agreement on which it becomes effective, but if no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver,
E.VGINEER- The person. firm or corporation named as such
in the Agreemenl.
Field Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9,5 but which does not involve a change in the Contract
Price or the Contract Time,
Gmeral Requiremenrs-Sections of Division I of the Speci-
fications,
Lall's and Regulatiolls: Lall's or Regulations-Laws. rules.
regulations. ordinances. codes and/or orders.
Nutiee of AII'ard-The written notice by OWNER to the
apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein, within the time specified. OWNER will
sign and deii\'er the ,-\greemenl.
,Votice (() Proceed-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) thing the date
on which the Contract Time will commence to run and on
which CONTRACTOR shall start to ~erform CONTRAC-
TOR"S obligations under the Contract Documents,
OWNER-The public body or authority, corporation, asso-
ciation. tirm or person with whom CONTRACTOR has entered
into the Agreement ;md for whom the Work is to be provided,
Parrial L.ltili:atiulI-Placing a portion of the Work in servi~e
for the purpose for which it is intended (or a related purpose)
before rea.:hlOg Substantial Compietion for all the Work,
Pro;ect- The total construction of which the Work to be
provided under the Contract Documents may be the whole,
or a part as indicated elsewhere in the Contract Documents,
Rl'sidl.'lll Pr(~i('('/ R('pre,H'lltlltil'e-The authorized represen-
t.\live of E~GINEER 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 CONTRACTOR to illustrate some portion of the Work
and all illustrations'. brochures. standard schedules. perfor-
mance chans. instnlctions.-diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR to
illustrate materia! or equipment for some portion of the Work.
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Specifications-Those portions of the Contract Documents
consisting of written technical descriptions of materials.
equipment. construction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto,
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Subcontractor-An individual. firm or corporation having a
direct contract with CONTRACTOR or with any other Sub-
contractor for the performance of a pan of the Work at the
site.
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Substantial Completion-The Work (ora specified part thereot)
has progressed to the point where. in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion. it is sufficiently complete. in
accordance with the Contract Documents. so that the Work
(or specified pan) can be utilized for the purposes for which
it is intended; or if there be no such certificate issued. when
final payment is due in accordance with paragraph 14.13, The
terms "substantially complete" and "substantially com-
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
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Supplementary Conditions-The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
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Supplier-A manufacturer. fabricator. supplier. distributor.
materialman or vendor,
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Underground Facilities-All pipelines. conduits. ducts. cables.
wires. manholes. vaults. tanks, tunnels or other such facilities
or attachments. and any encasements containing such facil-
ities which have been installed underground to furnish any of
the following services or materials: electricity. gases. steam.
liquid petroleum products. telephone or other communica-
tions. cable television. sewage and drainage removal. traffic
or other control systems or water.
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Unit Price Work-Work to be paid for on the basis of unit
pnces,
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Work-The entire completed construction or the various sep-
arately identifiable pans thereof required to be furnished
under the Contract Documents, Work is the result of per-
forming services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
I Work Directive Change-A written directive to CONTRAC-
TOR. issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
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ordering an addition. deletion or revision in the Work. or
responding to d~ering or unforeseen physical conditionsuoder
which the Work is to be performed as provided in paragraph
4.2 or 4.3 or to ,emergencies under paragraph 6.22. A Work
Directive Change may not change the Contract Price or the
Contract Twe. but is evidence that the panies 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 panics as to its effect. if
any, on the Contract Price or Contract Time as provided in
paragraph 10.2.
Written Amendmenr-A written amendment of the Contract
Documents, signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally deal-
ing with the noncngineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PREUMlNARY MAITERS
DeliHry of Bo1Ub:
:.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Docume1llS:
2.2. OWNER shall furnish to CONTRACI'OR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished. upon request. at the cost of reproduction,
Commencem.tlll of Contract Time: l'iotice 10 Proceed:
:2.3. The Contract Time will commence to run on the
thinieth day after the Effective Date of the Agreement. or. if
a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thiny days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier,
SUUfing the Project:
:.4, CONTRACTOR shall start to periorm the Work on
the date when the Contract Time commences to run. but no
Work shall be done at the site prior to the date on which the
Contract Time commences to run,
Before Staning Construction:
2.5. Before undertaking each pan of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent ligures shown
8
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thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
affected thereby: however. CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents.
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
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2,6, Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Require-
mentsl, 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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2,6,2, a preliminary schedule of Shop Drawing sub-
missions: and
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2.6,3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress 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 land other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in a.;;:ordance with para~raDns 5,3 and 5 A, and
OWNER shall deliver to CONTRACTOR certificates land
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5,6 and 5,7,
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Preconsrruction Conference:
2,8, Within (wenty days after the Effective Date of (he
Agreement. but before CONTRACTOR stans the Work a(
the slle. a .:onterence attended by CO:'-lTRACTOR, E:'-IGI-
NEER and l,(hers as appropriate will be held (0 discuss lhe
schedules rc:t'erred to in paragraph "2..6. to discuss procedun:s
for handling Shop Drawings and olher submittals and for
processing :\pplica[ions tor Payment. and to establish a wmklOg
understanding among (he parties as to (he Work,
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Finali:.ing Schedules:
2.9, :\( leas( ten da\'s before submission oflht: first Apr1i-
cation for Pa\ment a conference attended by CONTRAC-
TOR. ENGINEER and others as appropriate will be held to
finaliu {hI: .;.:nc:duks submitted in JCl.:on.lance with para-
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graph 2.6, The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time. but such
acceptance will 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 finalized schedule of values will
be acceptable to ENGINEER as to form and substance,
ARTICLE 3-CONTRACT DOCUMENTS: INTENT,
AMENDING. REUSE
Intent:
3, I, The Contract Documents comprise (he entire agree-
ment between OWNER and CONTRACTOR concerning the
Work, The Contract Documents are complementary: what is
caUed for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
3,"2., It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereot) to be con-
structed in accordance with the Contract Documents, Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supplied whether or not specifically
called for, When words which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning, Reference to standard specifications, manuals
or codes of any technical society. organization or association.
or to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication, shall
mean the latest standard specification, manual. code or Laws
or Regulations in etTect at (he time of opening of Bids (or, on
the Effective Date of the Agreement if there were no Bidsl.
except as may be otherwise specifically stated, However. no
provision of any referenced standard specification. manual
or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be effective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGINEER. or any of their consuitants, agents or employ-
ees from those set forth in the Contract Documents. nor shall
it be effective to ;l,ssign to ENGINEER, or any of E:-.rGI.
NEER's consultants. agents or employees, any duty or
authority to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility contrary to the provisions of paragraph 9,15 llr '1,16,
Clarifications and interpretations of the Contract Documents
,hall be issued by E:-.rGINEER as provided in paragraph lJA,
],3, If. during the performance ofth... ';Vork, CONTRAC-
TOR finds a contlict. c:rror or discrepancy in the Contract
Documents. CONTRACTOR shall so report to ENGINEER
in writing at once and before proceeding with the Work alfected
thereby shall obtain a written interpretation or c1arirication
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from ENGINEER: however. CONTRACTOR shall not be
_able to OWNER or ENGINEER for failure to repon any
onftict. error or discrepancy in the ContraCt Documents
nless CONTRACTORhad actual knowledge thereof or should
reasonably have'lrnown thereof.
lnunding aruJ. Suppunu1lling Conll"GCt DOCU/lU1W:
3,4. The Contract Documents may be amended to pro-
.ide for additions. deletions and revisions in the Work or to
lItodify the terms and conditions thereof in one or more of
the following ways:
I 3.4.1, a formal Wrinen Amendment.
3.4.2. a Change Order (pursuant to paragraph 10.4),
I or
3.4.3. a Work Directive Change (pursuant to para-
graph 10.1 l.
Is 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,
I 3.5. In addition. the requirements of the Contract Docu-
ments may be supplemented. and minor variations and devia-
If,ions in the Work may be authorized. in one or more of the
_ollowing ways:
3.5.1. a Field Order (pursuant to paragraph 9.5).
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3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.:m, or
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3,5,3, ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9,4).
I Reuse of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
Inishing any of the Work under a direct or indirect contract
with OWNER shall have or acquire any title to or ownership
rights in any of the Drawings, Specifications or other docu-
ments lor copies of any thereof) prepared by or bearing the
I seal of ENGINEER: and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
I verification or adaptation by ENGINEER.
I ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL
CONDITIO~S: REFERENCE POINTS
A l1ai.lDbiJily of LAnds:
I 4,1. OWNER shall furnish. as indicated in the Contract
Documents, the lands upon which the Work is to be per-
formed. rights-of-way and easements for access thereto, and
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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 exi'sting facilities will be obtained and paid
for by OWNER. unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in Article 12, CONTRACTOR shall.provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physktzl Conditions:
4.2.1. Explorations and Reports: Reference is made
to the Supplementary Conditions for identification of those
repons of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such reports. but not upon nontechnical data. interpreta-
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6. CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site.
4.2.2. Existing Structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete-
ness thereof for CONTRACTOR's purposes, Except as
indicated in the immediately preceding sentence and in
paragraph 4,2,6. CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to such structures,
4.2.3, Repon of Differing Conditions: If CONTRAC-
TOR believes that:
4,2.3.1. any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs 4,:.1
and 4.2,: is inaccurate. or
4,2.3.:, any physical condition uncovered or
revealed at the site differs materially from that indi-
cated. reftected or referred to in the Contract Docu-
ments.
CONTRACTOR shall. promptly after becoming aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by para-
graph 6.221. notify OWNER and ENGINEER in writing
about the inaccuracy or difference,
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4,2.4. ENGINEER's Redell': E!'IGINEER will
promptly review the pertinent conditions. determine the
necessity of obtaining additional e:(plorations 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, ?o,uihle Document Chanf{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 Change 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, ?ossihle Price and Tillie Adjustlllents: In each
such case. an increase or decrease in the Contract Price
or an e:(tension or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
they are attributable to any such inaccuracy or difference,
If OWN ER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles i I and 12,
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Physical Conditions-Cnderground Facilities:
4,),1. Sholl'n or I"dicated: The information and data
shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER
or ENG IN EER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise e:(pressly pro-
vided in the Supplementary Conditions:
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4,),1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
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4,),),:, CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina-
tion of the Work with the owners of such Underground
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6,20 and
repairing any damage thereto resulting from the Work,
the cost of all of which will be considered as having
been included in the Contract Price,
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4,),2. No( Sholl'/1 or l/ldiccueJ, If an Underground
Facility is uncovered or revealed at or contiguous (0 the
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have been e:(pected to be aware of. CONTRACTOR
shall. promptly af!er becoming aware thereof and before
per1'orming any Y'V ork affected thereby le:(cept in an emer-
gency as permitted tw paragraph o,22l. identify the owner
of such U ndergrounJ Facility and give written notice thereof
to that owner and tll OWNER and ENGINEER. ENGI-
NEER will rrompll~' review the Underground Facililv 10
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determine the extent to which the Contract Documents
should be modified to reflect and document the conse.
.. quences of the existence of the Underground Facility, and
the Contract Documents will be amended or supplemented
to the extent necessary, During such time. CONTRAC-
TOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6,20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time, or both,
to the e:(tent that they are attributable to the e,istence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles II and 12,
Refennce Points:
4.4, OWN ER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work, CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER, CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
),). 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 at least until one
year after the date when final payment becomes due. e:(cept
as otherwise provided by Law or Regulation or by the Con-
tract Documents, CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary Condi-
tions, All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
panies" as published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts, U ,S. Treasury Department. All
Bonds signed by an agent must be accompanied by a certined
copy of the authorilY to act.
5,2, If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right
to do business is terminated in any state where any part of
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the Project is located or it ceases to meet the requirements
~ par.lgraph 5.1. CONTRACTOR shall within five days
ercafter substitute another Bond and Surety, both of which
ust be acceptable to OWNER. '
lontnlCU1r's LiDbiIily InslU'tUlCe:
5.3. CONTRACTOR shall purchase and maintain such
fmprehensive general liability and other insurance as is
ppropriate for the Work being performed and furnished and
will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's perfor-
~ance and furnishing of the Work and CONTRACTOR's
ther obligations under the ContraCt Documents. whether it
s to be periormed or furnished by CONTRACTOR. by any
Subcontractor. by anyone directly or indirectly employed by
.y of them to perform or furnish any of the Work. or by
.yone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen' s compen-
I sation. disability benefits and other similar employee ben-
efit acts:
I 5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease. or death of CONTRAC-
TOR's employees:
I 5.3.3. Claims for damages because of bodily injury,
sickness or disease. or death of any person other than
CONTRACTOR's employees:
I 5,3.4, Claims for damages insured by personal injury
liability coverage which are sustained la) by any person
as a result of an offense directly or indirectly related to
I the employment of such person by CONTRACTOR. or
(b) by any other person for any other reason;
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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,i, Claims for damages because of bodily injury or
death of any person or propeny damage arising out of the
ownership. maintenance or use of any motor vehicle.
Irhe insurance required by this paragraph 5,3 shall include
the specific coverages and be written for not less than the
a;limits of liability and coverages provided in the Supplemen-
ary Conditions. or required by law. whichever is greater.
he comprehensive general liability insurance shal' ;lIclude
completed operations insurance, All of the policies of insur-
lance so required to be purchased and maintained (or the
certificates or other evidence thereoO shall contain a provi-
sion or endorsement that the coverage afforded will not be
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
replacing de#criv~ Work in accordance with par.lgraph 13.12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least twO years after final payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
ColllnU:tJUll LiDbiIily InslU'tUlCe:
5,4. The comprehensive general liability insurance required
by paragraph 5.3 will include conuactualliability insurance
applicable to CONTRACTOR' s obligations under paragraphs
6.30 and 6.31.
OWMr'S LiDbilily Insurruu:e:
5.5. OWNER shall be responsible for purChasing and
maintaining OWNER's own liability insurance and. at
OWNER's option. may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents,
PrtlfHrry Insurance:
5.6. Unless otherwise provided in the SupplementarY
Conditions. OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulations l. This insurance shall include the interests
of OWNER. CONTRACTOR. Subcontractors. ENGINEER
and ENGINEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured panies. shall insure
against the perils of fire and extended coverage and shall
include "all risk" insurance for physical loss and damage
including theft. vandalism and malicious mIschief. collapse
and water damage. and such other perils as may be provided
in the Supplementary Conditions. and shall include damages.
losses and expenses arising out of or resulting from any insured
loss or incurred in the repair or replacement of any insured
property (including but not limited to fees and charges of
engineers. architects. attorneys and other professionals!. If
not covered under the "all risk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchase and maintain similar propeny insurance on ponions
of the Work stored on and off the site or in transit when such
ponions of the Work are to be included in an Application for
Payment.
5.7, OWNER shall purchase and maintain such boiler and
machinery insurance or additional propeny insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER.
CONTRACTOR. Subcontractors. ENGINEER AND
ENGINEER's consultants in the Work. all of whom shall be
listed as insured or additional insured panies.
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5,8. All the policies of insurance tor the certificates or
other evidence thereot) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and
5.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or nlaterially changed or renewal
refused until at least thirty days' prior written notice has been
given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5,11.2,
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5,9, OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the intert:sts
of CONTRACTOR. Subcontractors or others in the Work to
the extent of any deductible amounts that are provided in the
Supplementary Conditions, The risk of loss within the
deductible amount. will be borne by CONTRACTOR. Sub-
contractor or others suffering any such loss and if any of them
wishes propeny insurance coverage within the limits of such
amounts. each may purchase and maintain it at the purchas-
er's own expense,
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5.10, If CONTRACTOR requests in writing that other
special insurance be included in the propeny insurance pol-
icy. OWNER shall. if possible. include such insurance. and
the cost thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com.
mencement of the Work at the site. OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWNER,
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Waivtr of Rights:
5,11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5,6 and 5,7 and any
other propeny insurance applicable to the Work. and also
waive all such rights against the Subcontractors, ENGI-
~EER. E~Gli'-IEER'5 consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6,11, each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
N EER' s consultants and all other parties named as insureds,
None of the above waivers shall extend to the rights that
any of the insured panies may have to the proceeds of
insurance held by OWNER as trustee or otherwise pay-
able under any policy so issued,
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5,11.2, OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5,6 and 5,7
shall protect all of the parties Insured and provide primary
coverage for all losses and damages caused by the perils
co\'ered thereby. Accordingly, all such policies shall con-
cain provisions to the elTect that in the event of payment
of any loss or dam"ge the insurer Will have no rights llf
reco\'ery a!,:ainst any of the parties named as insureds llr
additional insureds, and if (he insurers require separate
waiver forms lO be signed by ENGINEER or ENGI-
~EER's cllnsultanl OW~ER willllotain the qme. and if
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such waiver forms are required of any Subcontractor.
CONTRACTOR will obtain the same.
Rtctipt and Application of Procttds:
5,12. Any insured loss under the policies of insurance
required by paragraphs 5,6 and 5,7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds. as their interests may appear. subject to the require-
ments of any applicable mortgage clause and of paragraph
5.13, OWNER shall deposit in a separate account any money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach, If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5,13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the panies in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power, If
such objection be made. OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the panies in interest may reach. If required in writing by
any party in interest. OWNER as trustee shall. upon the
occurrence of an insured loss. give bond for the proper per-
formance of such duties,
Acctpuurct of Insuranct:
5, 14. If OWNER has any objection to the coverage afforded
by or other provisions of the insurance reqt.:ired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5,3 and 5.4 on the basis of its not complying
with the Contract Documents. OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such certificates to OWNER in accordance with
paragraph 2,7, If CONTRACTOR has any objection to the
coverage alTorded by or other provisions of the policies of
insurance required to be purchased and maintained by OWN ER
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 other as complying with the Contract
Documents,
PaniIJl L'tili:a":,,"-Properry Insurance:
5.15. If OWNER tinds it necessarv to occupy or use a
portion or ponions of the Work prior to Substantial Comple-
tion of all the Work, such use or occupancy may be accom-
rlished in accordance with paragraph 14.10: provided that no
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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 RESPONSIBILITIES
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Supervision and S~rinu"'nct:
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-
uments. CONTRACTOR shall be solely responsible for the'
means. methods. techniques. sequences and procedures of
construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means. method. technique. sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
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6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR' s representative at
the site and shall have authority to act on behalf of CON-
TRACTOR, All communications given to the superintendent
shall be as binding as if given to CONTRACTOR,
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Labor, Malerillis and Equipment:
6,3, CONTRACTOR shall provide competent. suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at 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 performance of Work on 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 facilities and incidentals
necessary for the furnishing. performance. testing. start-up
and completion of the 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 etTectiveto 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 or9.16.
Adjusting ProgIYJS ScJuduk:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 1.9) adjust-
ments in the progress schedule to reftect the impact thereon
of new developments: these win conform generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
SllbstitultJ or "Or-Eqlllll" Ittms:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the naming of the item is intended to establish the type.
function and quality required. Unless the name is followed
by words indicating that no substitution is permitted.
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to, allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named, The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute will perform ade-
quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time. whether or not acceptance of the substitute
for use in the Work will require a ch?"~e in any of the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
adapt the design. to the proposed substitute and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment 0(' any license iee or
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royalty, All variations of the propo~ed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi-
cated, The application will also contain an itemized esti-
mate of all costs that will result directly or indirectly from
acceptance of such substitute. including costs of redesign
and claims of other contractors atfected by the resulting
change. all of which shall be considered by ENGINEER
in evaluating the proposed substitute, ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute,
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6.7,2, If a specific means. method, technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR may furnish or
utilize a substitute means. method, sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedure for review by ENGINEER
will be similar to that orovided in paragraph 6,7,1 as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
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6,7,3, ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability. and no
substitute will be ordered. installed or utilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing, OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute,
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in eva:uating substitutions
proposed by CONTRACTOR dnd in making changes in
the Contract Documents occasioned thereby, \Vhether or
not ENGINEER accepts a proposed substitute, CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluat-
ing each proposed substitute.
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Conceming Subcontractors, Suppliers and Others:
6,8,1, CONTRACTOR shall not employ an\' Subcon-
tractor, Supplier or other person or organization, including
those al.:ceptable to OWNER anu ENGINEER as indi-
cated in paragraph 6,8,2l. whether initially or as a substi-
tute. against whom OWNER or ENGINEER may ha\'e
reasonable objection, CONTRACTOR shall not be required
to employ any Subl.:ontractor. Supplier or other person l'r
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objectil'n.
6,8,2, If the Supplementary Conditions require the
identity of I.:enain Subcontractors, Suppliers or other per-
sons or organizations' incluuing those who are to furnish
the princip~1I items llf materials anu equipment) to be sub-
mitteu to OWNER in advance of the specified date pril1r
to the EITe:l.:tive Date: of the :\greement for aCI.:e:ptance b\'
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OWNER and ENGINEER and if CONTRACTOR has
submilled 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 wrillen 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 defeC'til'e Work,
6,9, CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions, Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor. Supplier or other person or
organization. nor shall it create any obligation on the pan of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subcontractor. Supplier or other
person or organization except as may otherwise be required
by Laws and Regulations,
6, 10, The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade,
6, II, :\11 Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5,11, CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to 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 10 the use in [he perfor-
mance of [he Work or the incorporation in the Work of any
invention, design. process. product or device which is the
subject of patent rights llr copyrights helll by lllhers. If a
panicular invention, design. process. prolluct or device is
specified in (he Cllntract Documents for use in the perfor-
mance of the Work and if III the actual knowledge of OWNER
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or ENGINEER its use is subject to patent rights or copyrights
calling for the payment of any license iee or royalty to others.
the existence of such rights shall be disclosed by OWNER in
the Contmct Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and-ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims. damages. losses and expenses (including
anomeys' fees and coun and arbitration 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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PenniJs:
6.13. Unless otherwise provided in the SupplementaJ"y
Conditions. CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR. when necessary. in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
which are applicable at the time of opening of Bids. or if there
are no Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work. and OWNER shall pay all charges of
such utility owners for capital costs related thereto such as
plant investment fees.
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LAws and ReguLaziom:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations. neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations,
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6,14.2, If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations. CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3,4. If CONTRACTOR periorms any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations., and without such notice to
ENGINEER. CONTRACTOR shall bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations,
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razes:
I 6.15, CONTRACTOR shall pay all sales. consumer. use
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
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place of the Project which are applicable during the perfor-
mance of the Work.
UIe of PremiMs:
6.16. CONTRACTOR shall confine consU'Uction 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 permined 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. CONTRACTOR shall assume full
responsibility for any damage to any such land or area. or to
the owner or occupant thereof or of any land or areas contig-
uous thereto. resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work. CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the
claim by arbitration or at law, CONTRACTOR shall. to the
fullest extent permined by Laws and Regulations. indemnify
and hold OWNER and ENGINEER harmless from and against
aU claims. damages. losses and expenses (including. but not
limited to. fees of engineers. architects. attorneys and other
professionals and court and arbitration costs) arising directly.
indirectly or consequentially out of any action. legal or equi-
table. brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17, During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remove
all waste materials. rubbish and debris from and about the
premises as well as all tools. appliances. construction equip-
ment and machinery. and surplus materials. and shall leave
the site clean and ready for occupancy by OWNER. CON.
TRACTOR shall restore to original condition all propeny not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall nOlload nor permit any part
of any structure to be loaded in any manner that will endanger
the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record Documenls:
6.19, CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings. Specifications.
Addenda. Written Amendments. Change Orders. Work
Directive Changes. Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available to ENGINEER for reference, Upon com-
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pletion of the Work, these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER,
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Saftty and Prottetion:
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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6,20,1, all employees on the Work and other persons
and organizations who may be atTected thereby:
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6.20,2, all the Work and materials and equipment to
be incorporated therein, whether in storage on or off the
site: and
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6.20,3, other property at the site or adjacent thereto,
including trees. shrubs. lawns. walks. pavements. road-
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction,
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CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage.
injury or loss: and shall erect and maintain all necessary
safeguards for such safety and protection, CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners when prosecution of the Work
may atTect them, and shall cooperate with them in the pro-
tection. removal. relocation and replacement of their prop-
erty. A,II damage, injury or loss to any propert\' referred to
in paragraph 6.::0,2 or 6,20,] caused. directly or indirectl\',
in whole or in part. by CONTRACTOR, any Subcontractor.
Supplier or any other person or organization directly or indi-
rectly employed by any of them to pen'orm or furnish any of
the Work or am'one for whose acts any of them may be liable.
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose aCtS either
of them may be liable, and not attributable, directly or indi-
rectly, in whole or in part, to the fault or negligen.:e of CO:\-
TR.-\CTORI. CONTRACTOR's duties and responsibilities
for the saktv and protection of the Work shall cuntinue until
such time as all the Work is completed and ENGI~EER has
issued a notice to OWN ER and CONTRACTOR in accord-
ance with paragraph 1~,13 that the Work is acceptable lexcept
as otherwise expressly provided in connection \\jlh Substan.
tial Cumpletiunl.
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/),: I, CONTRACTOR shall design,lte a resp'..sible rep-
resentative al the ,ite whose dut\. shall be the pre\'emion lIt'
accidents, Thi~ persun shall be CONTR:\CTOR'~ superin-
tendent unles~ ulherwise designated In writing by CO~-
TR:KTOR to OW!\JER,
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E mtrgtncies.-
6,22. In emergencies affecting the safety or protection of
persons or the'Work or property at the site or adjacent thereto.
CONTRACTOR. without special instruction or authorization
from ENGINEER or OWNER. is obligated to act to prevent
threatened damage. injury or loss, CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes
that any significant changes in the Work or variations from
the Contract Documents have been caused thereby,lfENGI-
NEER determines that a change in the Contract Documents
is required because of the action taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations,
Shop Drawings and Samples.-
6,23, After checking and verifying all field measurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions t see para-'
graph ::.9), or for other appropriate action if so indicated in
the Supplementary Conditions. five copies (unless otherwise
specified in the General Requirements) of all Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission, All submissions will be identified
as ENGINEER may require, The data shown on the Shop
Drawings will be complete with respect to quantities. dimen-
sions. specified performance and design criteria. materials
and similar data to enable ENGINEER to review the infor-
mation as required.
6.24. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause
no delay in Work. all samples required by the Contract Doc-
uments, All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. S4pplier,
pertinent data such as catalog numbers and the use for \vhich
intended,
6,::5,1, Before submission of each Shop Drawing or
sample CONTRACTOR shall have determined and veri.
fied all quantities. dimensions, specified performance cri-
teria. installation requirements. materials, catalog num-
bers and similar data with respect thereto and reviewed
or coordinated each Shup Drawing or Sample with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents,
6,25,::. :\1 the time llf each submission, CONTRAC-
TOR shall give E~GIN EER spel:iric written notic\: uf each
variation that the Shup Drawings or samples may have
from the requirements of the CllOtract Documents. and.
in additinn, shall cause a soecitk nOlation to he made nn
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each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
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6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and 'samples. but ENGI-
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance
with the information given in the ContraCt Documents and
shall not extend to means. methods. techniques. sequences
or procedures of constrUction (except where a specific means.
method. technique. sequence or procedure of constrUction is
indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CON-
TRACTOR shall make corrections required by ENGINEER.
and shall return the required number of corncted 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
responsibi!ity for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.15.1 and
ENGINEER has given written approval of each such varia-
tion by a specific wrinen notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.15.1.
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6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work periormed prior to ENGI.
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility oi CONTRACTOR.
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Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements, except as
permitted by paragraph 15,5 or as CONTRACTOR and
OWNER may otherwise'agree in writing.
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ItuUmniMalion:
6,30, To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims. damages. losses and
expenses. direct. indirect or consequential (including but not
limited to fees and charges of engineers. architects. attorneys
and other professionals and court and arbitration costs) aris-
ing out oi or resulling irom the performance of the Work.
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provided that any such claim. damage. loss or expense (a) is
attributable to bodily injury. sickness. disease or death. or to
injury to or destrUction of tangible property (other than the
Work itselO including the loss of use resulting therefrom and
(b) is caused in whole or in pan by any negligent' act or
omission of CONTRACTOR. any Subcontractor. any person
or organization directly orindirectiy employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in pan by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such party,
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants. agents or employees, by
any employee of CONTRACTOR. any Subcontractor. any
person or organization directly or indirectly employed by any
of them to perform orfurnish any of the Work or anyone for
whose acts any of them may be liable. the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or type of damages.
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or orsanization
under workers' or workmen's compensation acts. disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER.
ENGINEER's consultants. agents or employees arising out
of the preparation or approval of maps, drawings. opinions,
repons. surveys. Change Orders. designs or specifications.
ARTICLE 7-OTHER WORK
Reliued Work aJ Sue:
7,), OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces. have other work
performed by utility owners or let other direct contracts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contract Documents. written notice thereof will be
given to CONTRACTOR prior to starting any such other
work: and. if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the panies are unable to agree
as to the extent thereof. CONTRACTOR may make a claim
therefor as provided in Articles II and 12.
7,1, CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contraCt (or
OWNER. if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable o"rortunity for the introduction and storage of
materials and equipment and the execution of such work. and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fining and patching of
the Work that may be required to make its several parts come
together properly and integrate with such other work. CON-
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TRACTOR shall not endanger any work of others by cUlling,
excavating or otherwise altering their work and will only cut
or alter their work with the written consent of ENGINEER
and the others whose work will be affected. The duties and
responsibilities'of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors
10 the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWN ER and such utility owners and other contractors,
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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 lor 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 CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work,
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C oordiTUUion:
7.4, If OWNER contracts with others for the perfor-
mance of other work on the Project at the site, the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions,
and the specific mallers to be covered by such authority and
responsibility will be itemized, and the extent of such author-
ity and responsibilities will be provided, in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions. neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination,
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ARTICLE 8-0WNER'S RESPONSIBILITIES
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8,1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER,
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8,:, In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of the former
ENGINEER, ,-\nv dispute in connection with such appoint-
ment shall be subject to arbitration,
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S,3, OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs 14,4 and 14.13,
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SA, OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.1 and 4.4, Par:l-
graph 4.: refers to OWNER's identifying and making avail-
able to CONTRACTOR copies of reports of explorations and
tests of ,ubsun'ace conditions at the site and in e~isting struc-
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tures which have been utilized by ENGINEER in preparing
Ihe 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.S,
S,6, OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4,
8.7, OWN ER' s responsibility in respect of certain
inspections, tests and approvals is set forth in paragraph 13A,
S,S, In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13.IOand Ij,1. Paragraph 15,:
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances,
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's RepnsentDlive:
9,1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
Visits to Sile:
9.2, ENGINEER will make visits to the site a[ intervals
appropriate to the various stages of construction to observe
the progress and quality of [he executed Work and to de[er-
mine. in general. if [he Work is proceeding in accordance
with the Contract Documents. E:--JGINEER will not be required
to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. ENGINEER's .:fforts
will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform to the
Contract Documents, On the basis of such visits and on-site
observations as an experienced and qualified design, profes-
sional. ENGINEER will keep OWNER informed of the prog-
ress of the Work and will endeavor to guard OWNER against
defects and deficiencies in the Work,
Project Represemarion:
9,3, If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Project Representative (0 assist
ENGINEER in observing the performance of the Work, The
Juties. responsibilities and limitations of authority of any
such Resident Project Representative and assistants will be
as provided in (he Supplementary Conc;('gns. If OWNER
designates another agent to represent OWN ER at the site
who is not ENGINEER's agent or employee, (he duties.
responsibilities and limitations of authority of such other
person will he as provided in the Supplementarv Conditions,
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C/iuifu:lIlions IlIUJ I~lJUi.Dns:
9.4. ENGINEER will issue with reasonable prompmess
such wrinen clarifications or interpretations of the require-
ments of the CODtraCt Documeins (in the form of Drawings
or otherwise) as ENGINEER may determine n~sary. which
shaH be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR
believes that a wrinen clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and the panics are unable to agree to the
amount or extent thereof. CONTRACTOR may make a claim
therefor as provided in Article 11 or Article 12.
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A UliuJriud Yarimions in W ori::
9,5. ENGINEER may authorize minor variations in the
Worle from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER. and also on
CONTRACTOR who shaH perform the Worle involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the panies are unable to agree as to
the amount or extent thereof. CONTRACTOR may make a
claim therefor as provided in Article 11 or 12.
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Re~cting Defective Wori::
9,6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, and
will also have authority to require special inspection ortesting
of the Work as provided in paragraph 13,9. whether or not
the Work is fabricated. installed or completed.
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Shop Drawings, CJumge Orders and Paymems:
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, In connection with ENGINEER's responsibilities as
to Change Orders. see Articles 10. II and 12.
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9,9, In connection with ENGINEER's responsibilities in
respect of Applications for Payment. etc.. see Article 14.
Derermi1UUi.ons for Umt Pri&es:
I 9,10, ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
I EN G IN EER' s preliminary determinations on such matters
before rendering a written decision thereon (by recommen.
dation of an Application for Payment or otherwise I, ENGl.
N EER' s written decisions thereon will be final and binding
I upon OWNER and CONTRACTOR. unless. within ten days
after the date of any such decision. either OWNER or CON-
TRACTOR delive~ to the other party to the Agreement and
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to ENGINEER wrinen notice of intention to appeal from
such a decision.
D.cisiDns on Dispuus:
9. I I. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Worle thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
intel1'retatioD of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
claims under Articles II and 12 in respect of changes in the
Contract Price or Contract Time will be referred initialIy to
ENGINEER in writing with a request for a formal decision
in accordance with this paragraph. which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim. dispute and other matter will be delivered
by the claimant to ENGINEER and the other pany to the
Agreement promptly (but in no event later than 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 ascertain
more accurate data in support of the claim.
9.12. When functioning as intel1'reter and judge under
paragraphs 9.10 and 9.1 I. ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any intel1'retation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 and 9. I I with respect
to any such claim. dispute or other matter (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or other mauer,
Limiuzlions on ENGINEER's ResponsibiJilies:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENG INEER in good faith either to exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor. any Supplier. or any other person or organization
performing any of the Work. or to any surety for any of them.
9.14. Whenever in the Contract Documents the terms "as
ordered". .. as directed". .. as required", .. as allowed". .. as
approved" or terms of like effect or import are used. or the
adjectives "reasonable", .. suitable". .. acceptable". .. proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement. direction. review or judgment
of ENGINEER as to the Work. it is intended that such
requirement. direction. review or judgment will be solely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wisel. The use of any such lerm 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 oithe Work
or any duty or authority to undertake responsibility contrary
to the provisions of pilragraph 9,15 or 9.16,
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9,15, ENGINEER will not be responsible for CON-
TRACTOR's means. methods. techniques. sequences or pro-
cedures of construction. or the safety precautions and pro-
grams incident thereto. and ENGINEER will not be respon-
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents,
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9.16, ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor. any
Supplier, or of any other person or organization performing
or furnishing any of the Work,
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ARTICLE IO-CHANGES IN THE WORK
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10, I. Without invalidating the Agreement and without notice
to any surety. OWNER may. at any time or from time to
time. order additions. deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
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10,2, If OWNER and CONTRACTOR are unable to agree
as to the extent. if any. of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Change, a claim may be made therefor as provided in :\rticle
II or :\rtlcle 12,
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10,3, CONTRACTOR shall not be entitled to an increase
in the Contract Price or an e;uension 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 paragraphs 3.4 and 3,5. except in the
case of an emergency as provided in paragraph 6,22 and
except in the case of uncovering Work as provided in para-
graph 13,9,
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lOA, OWNER and CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendments' covering:
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lOA, I. .:hanges in the Work which are ordered by
OWN ER pursuant to paragraph 10,1, are required because
uf a.:.:cptan.:e uf "eli'nil'(' Work under paragrapn 13,1.; l'l'
.:orrecting "tfecrj"t' Work under paragraph 13,1~, or are
Jgreed to b\' the parties:
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IOA.2, .:hanges in the Contract Price or Contract Time
which are agreed to tw the parties: and
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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 paragraph 9,11:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations. but during any such appeal. CON-
TRACTOR shall carry on the Work and adhere to tne prog-
ress schedule as provided in paragraph 6,29,
10,5, If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including. but not limited to. Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notice will be CONTRAC-
TOR's responsibility. and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE II-CHANGE OF CONTRACT PRICE
11,1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments I payable to CON-
TRACTOR for performing the Work, All duties. responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price,
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment, Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty davs, after the occurrence of the event giving rise to
the ~Iai~ and statim! the 2eneral nature of the claim, Notice
of the amount of the cl~im with supporting data shall be
delivered within sixty days after such occurrence funless
ENGIN EER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9,11 if OWNER and CONTRACTOR
cannOI otherwise agree on lhe amount involved, No daim
for an adjuslment i~ the Contract Price will be valid if not
submitted in accordance with this paragraph 11.2,
11,3, The value ot anv Work covered by a Change Order
or of any claim for an in'crease or decrease in the Contract
Price shall be determined in one of the following ways:
11,3,1, Where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of unit prices 10 the quantities of the ilems involved
(subject to the provisions of paragraphs II. 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
necessarily in accordance with paragraph J 1.6.2.1).
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11.3.3. On the basis of the Cost of the Worle (deter-
mined as provided in paragraphs J J A and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
I Cost of th6 Work:
11.4. The term Cost of the Work means the sum of all
I costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER. such costs shall be
I in amounts no higher than those prevailing in the locality of
the Project. shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
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I 104,1, 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 Dot
employed full time on the Work shall be apponioned on
the basis of their time spent on the Work. Payroll costs
shall include. but not be limited to. salaries and wages
plus the cost of fringe benefits which shall include social
security contributions. unemployment. excise and payroll
taXes. workers' or workmen's compensation. health and
retirement benefits. bonuses. sick leave. vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site, The expenses of
performing Work after regular working hours. on Satur-
day. Sunday or legal holidays. shall be included in the
above to the extent authorized by OWNER.
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11,4.2. Cost of all materials and equipment furnished
and incorporated in the Work. including costs of trans-
ponation and storage thereof. and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments. in
which case the cash discounts shall accrue to OWNER.
All trade discounts. rebates and refunds and all returns
from sale of sUfl'lus materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained,
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1104.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors,
If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine. with the advice of ENGINEER, which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee. the Subcontractor's Cost of the Worle
shall be determined in the same manner as CONTRAC.
TOR's Cost oi the Work, All subcontracts shall be subject
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to the other provisions of the Contract Documents insofar
as applicable. ,
11.4.4. Costs of special consultants (including but not
limited to'en~neers. architects. testing laboratories. sur-
veyors. altomeys and accountants) employed for services
specifically related to the Work..
11.4.5. Supplemental costs including the following:
11.4.5.1. The proponion of necessary transpona-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the W orle.
11.4.5.2. Cost. including uansponation and main-
tenance. of all materials. supplies. equipment. machin-
ery. appliances. office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the Worle. and cost
less market value of such items used but not consumed
which remain the propeny of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the pans thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER. and the costS of lransponation. loading,
unloading. installation. dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The rental of any such equipment. machin-
ery or pans shall cease when the use thereof is no longer
necessary for the Work.
11.4.5.4, Sales. consumer. use or similar taXes
related to the Work. and for which CONTRACTOR is
liable. imposed by Laws and Regulations,
11.4.5,5, Deposits lost for causes other than negli-
gence of CONTRACTOR. any Subcontractor or any-
one directly or indirectly employed by any of them or
for whose acts any of them may be liable. and royalty
payments and fees for permits and licenses,
t 1.4.5,6, Losses and damages (and related
expenses). not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the
deductible amounts of propeny insurance established
by OWNER in accordance with paragraph 5.91. pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR. any Subcontractor. or
anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses.
damages and expenses shall be included in the Cost of
the Work for the putllose 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 fee: proportionate to that stated in paragraph
11,6,2,
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11.4,5,7. The cost of utilities, fud and sanitary
facilities at the site,
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11.4,5.8, Minor expenses such as te:legrams, long
distance telephone calls. telephone service at the site.
expressage and similar petty cash items in connection
with the Work,
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11.4,5.9, Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for property insurance coverage within
the limits of the deductible amounts e:stablished by
OWNER in accordance with paragraph 5,9,
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11,5, The term Cost of the Work shall not include any of
the following:
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11.5,), Payroll costs and other compensation of CON-
TRACTOR's officers. executives, principals t of partner-
ship and sole proprietorshipsl. 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's principal or a branch office for general administra-
tion of the Work and not specifically included in the agree:d
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,
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11.5,2, Expenses (1f CONTRACTOR's principal and
branch office:s other than CONTRACTOR's office at the
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11,),3. .-\ny part ofCONTRACTOR's capital e,'(penses,
including interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR for
delinquent payments,
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11,5.4, Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required t>y
the Contract Documents to purchase and maintain the
,ame Ie:xcept for the cost of premiums covered by sut>-
paragraph 11.4,5,1) at>ove).
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11.5,5, Costs due to the negligence of CONTRAC-
TOR, any Subcontra.:tor, or anyone directly or indirectly
employed t>v any or' i:1.:m or for who~e acts any of them
may be liar.le ;r..:I',idin~ but not limited to, the correction
l)f dt'fj" ;:, ': '''rk, Jisro~i11 pI' material\ l)1' equipment
wrongly ~l': 0,1 :', ,: "'ak:p.g ~ood any damage to prop-
erty.
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11.5,6, Other o\'c:rhead or general expense costs of
any kind and the costs of any item not specifically and
e\oresslv induded in oaragraph II"L
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CONTRACTOR's Fee:
11,6, The CONTRACTOR's Fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11,6,1: a mutually acceptable fixed fee; or if none can
be agreed upon,
11.6,2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11,6,2,1, for costs incurred under paragraphs 11.4, I
and 11.4.2. the CONTRACTOR's Fee shall be fifteen
percent :
11.6.2.2. for costs incurred under paragraph 11.4,3,
the CONTRACTOR's Fe:e shall be f.ve percent: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee. the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
11.6,2.3, no fee shall be payable on the basis of
costs itemized under paragraphs II.4A. II A,S and II,S:
11,6.2.4, the amount of credit to be allowed by
CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by a'l amount equal to ten percent of the
net decrease: and
11.6,2.5, when both additions and credits are
involved in anyone change. the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11,6,2,1
through 11.6,2.4. inclusive,
II, i, Whenever the cost of any Work is to be determined
pursuant to paragraph II A or 11,5, CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data,
Cash Allowances:
11,8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered [0 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:
1(,8,(, The allowances include the cost to CON-
TRACTOR (less any applicable trade discounts' of mate-
rials and equipment required by the allowances to he deliv-
ered at the site:. and all applicable [axes: :1m.l
11.8,2, CONTRACTOR's .:osts for unloading and
handling on the site. labor. installation costs, overhead.
profit and other e,'(penses contemplated for the allowances
have heen included in the Contract Price and nOI in the
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allowances. No demand for additional payment on account
of any thereof will be valid.
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Prior to final payment. an apprOpriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances. and the Contract Price shall be correspond-
ingly adjusted.
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Unit Pri&~ Wort:
11.9.1. Where the Contract Documents provide that
all or pan of the Work is to be Unit Price Work. initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and detennining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work perfonned by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
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11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR' s overhead and profit for each sep-
arately identified item.
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11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Article 11 if the panies are
unable to agree as to the amount of any such increase.
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ARTICLE 12-CHANGE OF CONTRACT TIME
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12.1. The Contract Time may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shortening of the Contract Time shall be based on written
notice delivered by the pany making the claim to the other
pany and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise [0
the claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accom-
panied by the claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in lhe Conlract Time
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shall be detennined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment in the Contract Time will
be valid if not sub mined in accordance with the requirements
of this paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the conuol of CON-
TRACTOR if a claim is tnade therefor as provided in para-
graph 12.1. Such delays shall include. but not be limited to.
acts or neglect by OWNER or others performing additional
work as contemplated by Article 7. or to fires. floods. labor
disputes. epidemics. abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers. architects.
attOrneys and other professionals and court and arbitration
costs) for delay by either pany .
ARTICLE I3-W ARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS:
CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
WamIIIt1 tuUI GIUUYJllUC:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be def~crive.
Prompt notice of all defects shall be given to CONTRAC-
TOR. All defecrive Work. whether or nOI in place. may be
rejected. corrected or accepted as provided in lhis Article 13.
Accas 10 Work:
13.2. ENGINEER and ENGINEER's representatives.
other 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 lesting. CONTRACTOR shall provide proper and safe
conditions for such access.
Tests tuUllnspecliDns:
13.3. CONTRACTOR shall give ENGINEER timely nOlice
of readiness of the Work for all required inspections. lests or
approvals.
13.4., If Laws or Regulations of any pu~~:r body having
jurisdiction require any Work (or part thereof) to specifically
be inspected. tested or approved. CONTRACTOR shall
assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required certificates
oi 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 equipment proposed to be incorporated in the Work. or of
materials or equipment submitted for approval prior to CON-
TRACTOR.s purchase thereoffor incorporation in the Work,
The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specified),
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13.5. All inspections. tests or approvals other lhan those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR for by ENGIi'iEER 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 mUSl. 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 inlen-
tion 10 cover the same and ENGINEER has not 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 others shall relieve CONTRAC-
TOR from CONTRACTOR.s obligations to perform the Work
in accordance with the Contract Documents,
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Uncovering Work:
13.8. If any Work is covered contrary to the written request
of E~GINEER. il must. if requesled by ENGI~EER. be
unco\'ered for ENGI~EER's observation and reolaced at
CONTRACTOR's expense. '
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13.9, If E~GINEER considers il necessary or advisable
thaI covered Work be observed by ENGINEER or inspected
or tested by others. CONTRACTOR. al ENGINEER's
request. shall uncover. expose or otherwise make available
for observation. inspection ~r lesting as ENGI~EER may
require. that portion of the Work in question. furnishing all
necessary labor. material and equipment. If it is found that
such Work is dt!./i!crin', CONTRACTOR shall be:lr all direct.
indirecl ami ~onsequential COSlS oi such unco\'enng. expo-
sure. observalion. inspection and testing and of salisfactor\'
reconstruclion. I includiOlz bUl not limited to fees and chanzes
of engineers, architecls. ~llorneys and other professionals).
and OWNER shall be enlllletllo an appropnale Je~rease in
lhe Contract Price. and. if the panies are unable Il1 agree as
to the amount Ihereot". ma~" make a c/;Jim lherefor as provided
In .-\rll~1t: II, If. hl!ll 1:\ er. "lI~n \Vuo, l~ nOl tl'unJ 10 t'le
dt!.f,'cril'c, C<Y\TRACTOR "hall be alloweJ an in.:rease in
the Cllntra~l Pr:,'_ .:' ,.oi ~\;::n~illn llr" (he Conlra.:t Time. l'r
bOlh. Jir~cll~ alll'Jlllllabk III such un~overing. ,:xposllre.
observalilln. inspection. lesting anti reconstruclil'n: and. if
th.: parties are unable 10 agree as [ll the amount llr e.'\lent
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thereof. CONTRACTOR may make a claim lherefor as pro-
vided in Articles II and 12.
Ow"~r May Stop th~ Work:
13,10. If-the Work is defecril'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 stop the
Work. or any portion thereof. until the cause for such order
has been eliminaled: however. this right of OWNER to s[Op
the Work shall not give rise to any duty on the pan of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party.
Co~ction or Removal of Defective Work:
13.11. Ifrequired by ENGINEER. CONTRACTOR shall
promptly. as directed. either correct all defectil'e Work.
whether or not fabricated. installed or completed. or. if the
Work has been rejected by ENGINEER. remove it from the
site and replace it with nondefectil'e Work. CONTRACTOR
shaH bear all direct. indirec~ and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers. architects. attorneys and other profes-
sionals I made necessary thereby.
OM Y~ar Co~clion Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents. anv
Work is found to be defec/il'e. CONTRACTOR shall promptly.
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such defe("liI'e Work. or.
if it has been rejected by OWNER. remove it from the sile
and replace it Wilh nondet'ectil'e Work. If CONTRACTOR
docs not promplly comply Wilh the lerms of such instructions.
or in an emergency where delay would cause serious risk of
loss or damage. OWNER may have the defec/il'e Work cor-
rected or the rejected Work removed and replaced. and all
direct. indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of
engineers. architects. allorneys and other professionals) will
be paid by CONTRACTOR. In special circumslances where
a particular ilem of equipment is placed in conlinuous ser....ice
before Subslantial Completion of all the Work. lhc correclion
period for that item may start to run from an earlier dale if
so provideJ in the Speciricalions or by Wrillen Amendment.
,4,'ceprance of Defecril'e Irork:
13: 13. If. inslead of requiring correction or removal and
replacemenl of ddL'crin' Work. OWNER lantl. prior to
ENGIN EER's recommendation of final paymenl. also
ENG1N EERI prefers 10 accept it. OWNER may do so. CON-
TRACTOR ~hall bear all direct. intlirect and consequential
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costs attributable to OWNER's evaluation of and determi-
nation to accept such d~fectiv~ 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 professionais). if any such acceptance occurs
prior to ENGINEER's recommendation of final payment. a
Change Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Work:
and OWNER shall be entitled to an appropriate decrease in
the Contract Price. and. if the panies are unable to agree as
to the amount thereof. OWNER may make a claim therefor
as provided in Anicle 11. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
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OWNER May Cornet D~f~ctiH Wort:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defecl;v~ Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11. or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents. or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may. after seven days' writ-
ten notice to CONTRACTOR. correct and rcmcdy any such
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action. OWNER
may exclude CONTRACTOR from all or pan of the site. take
possession of all or pan of the Work. and suspend CON-
TRACTOR's services related thereto, take possession of
CONTRACTOR's tools. appliances. construction equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
tatives. agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct. indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged apinst CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work: and
OWNER shall be entitled to an appropriate decrease in the
Contract Price. and. if the.parties are unable to agree as to
the amounl thereof. OWNER may make a claim therefor as
provided in Article 11. Such direct. indirect and consequen-
tial costs will include but not be Iimiled to fees and charges
of engineers, architects, attorneys and other professionals,
all court and arbitration costs and all costs of repair and
replacement of work of others destroyed or damaged by
correction. removal or repJacemcnl of CONTRACTOR's
defective Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in pcr-
formance of the Work attributable to the exercise by OWNER
of OWNER. s rights and remedies hereunder.
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ARTICLEI~PAYMENTSTOCONTRACTORAND
COMPLETION
St:MtJMU ofVabtu:
14.1. The schedule of values established as provided in
plIJ'1I.8l'aph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER. Progress payments on
ac:c:ount of Unit Price Work will be based on the number of
units completed.
Appliuzion for Prrlfrus Paym.lIl:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested
on the basis of materials and equipment not incorporated in
the Work but delivered and suitably stored at the site or at
another location agreed to in writing. the Application for
Payment shall also be accompanied by a bill of sale. invoice
or other documentation wamuuing that OWNER has received .
the materials and equipment free and clear of all liens. charges.
security interests and encumbrances (which are hereinafter
in these General Conditions referred to as "Liens") and
evidence that the materials and equipment are covered by
appropriate propcrty insurance and other arrangements to
protect OWNER's interest therein. all of which will be sat-
isfactory to OWNER. The amount of retainage with respcct
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Wamurry ofTiIU:
14.3. CONTRACTOR warrants and guarantees that title
to all Work, materials and equipment covered by any Appli-
cation for Payment. whether incorporated in lhe Project or
not. will pass to OWNER no later than the time of payment
free and clear of all Liens.
R.mw of Appliallions for Progrus Paymelll:
14.4. ENGINEER will. within ten days after receipt of
each Application for Payment. either indicale in writing a
recommendation of payment and present the Application to
OWNER. or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case. CONTRACTOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation. the amount rec-
ommended will (subject to the provisions of the last sentence
of paragraph 14.7) become due and when due will be paid by
OWNER 10 CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requesled in an Application for Payment will constitute a
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representation by ENGINEER to OWNER. based on ENGI-
NEER's on-site observations of lhe Work in progress as an
experienced and qualified design prolessional and on ENGI-
NEER's review of lhe Application for Payment and the
accompanying. data and schedules lhat 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 Documents
(subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. to the results of any
subsequent tests called for in the Contract Documents. to a
final determination of quantities and classifications for Unit
Price Work under paragraph 9.10. and to any other qualifi-
cations staled in the recommendalionl: and that CONTRAC-
TOR is entjtled to payment of lhe 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 lhe quality or the quantity 01 the Work beyond the
responsibilities specilically assigned 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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14.6. ENGINEER's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC.
TOR's being entitled to final payment as set forth in paragraph
14.13 have been fulfilled.
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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 OWNER.
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
pavment prevlOuslv recommended. 10 such extent as may be
necessary in ENGINEER's opinion [0 protect OWNER from
loss because:
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14.7.1. the Work is defectil'e, or completed Work has
been damage? requiring correction or replacement.
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14.7.:!. lhe Contract Price has been reduced by Wril-
ten AmemJme:nt or Change Order.
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14.7.3. OWNER has bee:n required 10 correCl def('l'-
rh'e Work orcomplele Work in accordance with paragraph
13.1.t or
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14.7.4. or" ENGINEER's actual knowle:dge of the:
occurrence of any of lhe events enumerated in paragraphs
15.2,1 through 15.2.9 inclusive.
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OWNER may retuse: 10 make payment of lhe: fu'l amount
recommended bv ENG1N EER because claims have: be:e:n
made: agalnsl O\VNER on :.l<;COllnl or"CONTRACTOR's pe:r-
formance: or furnishing of the: Work or Liens have: been file:d
in connection wilh lhe: Work or lhere are: olher ite:ms enlilling
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OWNER to a set-off against the amount recommended. bUl
OWNER must give CONTRACTOR immediate written nOlice
(with a copy to ENGINEER) stating the reasons for such
action.
SubstDntillJ Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items 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
ENGINEER shall. make an inspection of the Work to deter-
mine the status of completion. If ENGINEER does not con-
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete.
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If. after considering such objec-
tions. ENGINEER concludes that the Work is not substan-
tially complete. ENGINEER will within fourteen days after
submission of the tentative certificate 10 OWNER notify
CONTRACTOR in writing. stating the reasons therefor. If.
after consideration of OWNER.s objections. ENGINEER
considers the Work substantially complete. ENGINEER will
within said fourteen days execute and deliver 10 OWNER
and CONTRACTOR a definitive cenificate of Substantial
Completion fwilh a revised tentative lisl of items to be com-
pleted or corrected I reflecting such changes from the lentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWNER. At lhe lime ot'delivery
of the tentative certificate of Subslantial Completion ENGI-
NEER will deliver to OWNER and CONTRACTOR a wrinen
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR with
respect to security. operation. safety. maintenance. heal.
utilities. insurance and warranties. Unless OWNER and
CONTRACTOR agree olherwise in writing and so inform
ENGINEER prior 10 ENGINEER's issuing the definilive
certificate of Substantial Completion. E;-.IGINEER's afore-
said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have: lhe right 10 e:xc1ude (0;-.1-
TRACTOR from lhe Work after the dale of Substantial Com-
plelion. but OWN ER shall allow CONTRACTOR reasonable
access to complc:te ,lr correct ilems on the t<::nlaliv<:: list.
Panwl Ctili:ation:
14.10. Use by OWNER of any finished pan of the Work.
which has spe:cific;III~' been identified in lhe Conlracl Docu-
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ments. or which OWNER. ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
pan of the Work that can be used by OWNER without sig-
nificant interference with CONTRACTOR's perfonnance of
the-remainder of the Work. may be accomplished prior to
Substantial Completion of all the Work subject to the follow-
ing:
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14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
pan of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees. CONTRACTOR will certify to OWNER
and ENGINEER that said pan of the Work is substantially
complete and request ENGINEER to issue a certificate of
Substantial Completion for that pan of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
pan of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that pan of the Work.
Within a reasonable time after either such request. OWNER.
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its sratus of
completion. If ENGINEER does not consider that pan of
the Work to be substantially complete. ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that pan of the
Work to be substantially complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respectto certification
of Substantial Completion of that pan of the Work and the
division of responsibility in respect thereof and access
thereto.
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14.10.1. 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 10 detennine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together wilh a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security. operation. safety. maintenance. utilities. insur-
ance. walTanties and guarantees for that part of the Work
which will become binding upon OWNER and CON-
TR.-\CTOR at the time when OWNER takes over such
operatton (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER!. During such operation
and prior to Substantial Completion of such pan of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to
complete other related Work.
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14.10.3. No occupancy or separate operation of pan
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of propcny
insurance.
FiMllnspcaiotl:
14.11. Upon written notice from CONTRACTORthat the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
paniculars in which this inspection reveals that the Work is
incomplete or d~f~criv~. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
FiMlAp~tlfMP~me~
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instructions. schedules. guaran-
tees. Bonds. certificates of inspection. marked-up record
documents (as provided in pllJ"llgraph 6.19) and other docu-
ments-all as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16). CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the ConU3Ct Documents. together with complete and legally
effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Work. In
lieu thereof and as approved by OWNER. CONTRACTOR
may furnish receipts or releases in full: an affidavil of CON-
TRACTOR that the releases and receipts include all labor.
services. material and equipment for which a Lien could be
filed. and that all payrolls. material and equipment bills. and
other indebtedness connected with the Work for which
OWNERorOWNER's propeny might in any way be respon-
sible. have been paid or otherwise salistied: and consent of
the surety. if any. 10 final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
FilUll Pa.vmem and Acc~pUUlCe:
14.13. If. on the basis of ENGINEER.s observation of
the Work during construction and final inspection. and
ENGINEER.s review of the final Application for Payment
and accompanying documentation-all as required by the
Contract Documents. ENGINEER is salisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled. ENGI-
NEER will. withm len days after receipt of the nnal Appli-
cation for PaYI;"il.llt. indicate in writing ENGINEER's rec-
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the Work
is acceplable subject to the provisions of paragraph 14.16.
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Otherwise. ENGINEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final payment. in which case CONTRACTOR
shaH make the necessary corrections and resubmit the Appli-
cation. Thiity, days after presentation to OWNER of the
Application and 'accompanying documentation. in appropri-
ate form and substance. and with ENGINEER's recommen-
dation and notice of acceptability. the amount recommended
by ENGIN EER will become due and will be paid by OWNER
to CONTRACTOR.
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14.14. If. through no fault of CONTRACTOR. final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms, OWNER shall. upon receipt of CON-
TRACTOR's final Application for Payment and recommen-
dation of ENGINEER. and without terminating the Agree-
ment. make payment of the balance due for that portion of
lhe 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. I. the written consent of the surelY to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov-
erning final payment, except that it shall not constitute a
waiver of claims.
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ContTrlctor's Continuing Obligation:
14.15. CONTRACTOR's obligation to perfonn and com-
plete the Work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress
or final payment by ENGINEER. nor the issuance of a cer-
tificate of Substantial Completion. nor any payment by
OWNER 10 CONTRACTOR under lhe Contract Documents.
nor any use or occupancy of lhe Work or any part thereot by
OWNER. nor any act of acceptance by OWNER nor any
failure 10 do so. nor any review and approval of a Shop
Drawing or sample submission. nor the issuance ot a notice
of acceptability by ENGINEER pursuant to paragraph 14.13.
nor any correction of defectil'e Work by OWNER will con-
stitute an acceplance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation 10 perform lhe Work in accordance Wilh the COnlraCl
Documents (except as provided in paragraph 14.16l.
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Wai~'er of Claims:
1~,16, The making ~lnd acceplance or' Iinal p:1\'menl will
.;onSlllute:
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1~,16,1. a waiver ot all claims b\' OWNER against
CO:--iTR.-\CTOR. except claims arising. from unsellleJ
Liens. from dd,'nil'" Work appeanng after Iinal inspec-
li,'npursuanl10 parag.raph I~,II or from failure III .;ompl~
\\ ilh lh<:: L'\lnlraCl Dl1cum<::n1s or IOe terms of any speCial
g.uaranlces spccitieJ therein: however. it will n111 consli-
lllte a wai\'a hy OWNER or am' righls in rcsp":Cl llf
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CONTRACTOR's continuing obligations under the Con-
tract Documents: and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE 15-SUSPENSION OF WORK AND
TERMINA TION
Owrur May Susp~nd Work:
15.1. OWNER may, at any time and without cause, sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time. or both.
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles II
and 12.
Owner May TermilUlU:
15.2. Upon the occurrence of anyone or more of the
following events:
IS .2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title II. United
States Code), as now or hereafter in effect, or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency:
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the lime of filing. or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency.:
l5.:!.3. if CONTRACTOR makes a general assignment
for the benefit of credilors:
15,:!A. if a trustee. receiver. cuslodian or agent of
CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authority to take charge
of property 0" CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpos<::
of general administralion of such propeny for the benefil
of CONTRACTOR's cr.:dilOrs:
15.2.5, if CONTRACTOR admits in ., oiling an inabil-
ilY to pay its debts generally as they bel.:llme due:
15,2.6. if CONTRACTOR persistently fails to perform
lhe Work in accordance wilh the COnlraCl Documenls
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(including. but not Iitnited to. failure to supply sufficient
skilled workers or suitable materials or equipmenl or
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time):
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15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body "having jurisdiction:
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER: or
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[5.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments:
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OWNER may. after giving CONTRACTOR (and the surety.
if there be one) seven days' wrinen notice and to the extent
permitted by Laws and Regulations. terminate the services
of CONTRACTOR. exclude CONTRACTOR from the site
and take possession of the Work and ofal[ 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). incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere. and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct. indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers. architects. attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance. CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work performed.
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[5.3. Where CONTRACTOR's services have been so
lerminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of "moneys due CONTRACI'OR 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. elect to aban-
don the Work and terminate the Agreement. In such case.
CONTRACI'OR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses. which
will include. but not be litnited to. direct. indirect and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects. anorneys and other professionals
and court and arbitration costs).
CotllnU:lDr May Stop Wort 01' T~rmi1uzu:
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 submined. or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due. then CONTRACTOR may. upon seven
days' written notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement. if ENGINEER has failed to act on an Appli-
cation for Payment or OWNER has failed to make any pay-
ment as aforesaid. CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
"[The remainder of this page was left blank intentionally.]
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ARTICLE 16--ARBITRATION
16.1 All claims, disputes and other matters in question between
OWNER and CONTRACTOR arising out of, or relating.to, the Contract Docu-
mentsor the brea~h thereof shall be decided under Georgia Law in the
Superior Court of Richmond County, Georgia.
(The remainder of this page was left blank intentionally.)
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(This page was left blank intentionally.)
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ARTICLE 17-MISCELLANEOUS
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Giving Notic~:
17.1. Whenever any provision of the Contract Docu-
ments requires.the giving of written notice. it will be deemed
to have been validly given if delivered in person to the indi-
vidual or to a member of the firm or to an officer of the
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.
CompUlillion of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days. it will be computed to exclude
the first and include the 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.
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17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
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G~neraJ:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or propeny because of any error. omis-
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sion or act of the other pany or of any of the other party's
employees or agents or others for whose acts the other pany
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 (7.3 shall
.noL be constrUed as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the panies hereto. and. in panicular 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 panicular duty. obliga-
tion. right and remedy to which they apply. All representa-
tions. warranties and guarantees made in the Contract Doc-
uments will survive final payment and tennination or com-
pletion of the Agreement.
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SUPPLEMENTARY CONDITIONS
1.1 OWNER'S LIABILITY & PROPERTY INSURANCE:
section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General
Conditions shall be amended as follows:
No additional liability or property insurance will be
purchased by Augusta-Richmond County for this project.
Current insurance coverages will remain in effect for
the life of this Contract.
1.2 CONTRACTOR'S LIABILITY:
As indicated under Section 5.3 of the General Conditions,
the Contractor's Liability Insurance shall be in an amount not
less than $200,000 for injuries, including accidental death, to
anyone person, and subject to the same limit for each person,
in an amount not less than $500,000 on account of one accident,
and Contractor's Property Damage Insurance in an amount not
less than $100,000 for all property damage sustained by anyone
person in anyone accident; and a limit of liability of not
less than $200,000 for any such damage sustained by two or more
persons in anyone accident.
The Contractor shall either (1) require each of his
subcontractors to procure and to maintain during the life of
his subcontract, Subcontractor's Liability and Property Damage
Insurance of the type and in the same amounts as specified in
the preceding paragraph, or (2) insure the activities of his
subcontractors in his own policy.
1.3 SPECIAL HAZARDS:
The Contractor's and his Subcontractor's Liability and
property Damage Insurance shall provide adequate protection
against the following special hazards:
(a) Work within the right-of-ways of the Augusta-Richmond
County Road System.
(b) Work within easements granted by property owners in
connection with the construction of the project.
(c) Work in close proximity to existing water lines,
power lines, telephone lines, gas lines, other
utilities and private structures contiguous to the
job site.
SC-1
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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 other encumbrances shall be
attached to the payment request.
1. 7 ENGINEER:
All references to "Engineer" shall be interpreted to mean
the Augusta-Richmond County Engineer, or his official designee.
1.8 UNDERGROUND UTILITIES:
(References 4.3, 1.4, 3.2)
The Contractor shall coordinate with all utility companies
through the "one call" method or other appropriate steps to
locate and avoid damage to all utilities that may affect or be
affected by the Contractor's work.
(Reference 6.20)
1.9 SAFETY:
The Contractor shall use certified flagmen, barricades and
signs as necessary to notify the public, in particular those
persons driving in the vicinity of the project, of the
construction and its affect on traffic.
SC-2
.,-,-,.- ('
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Date:
+//5Iqq
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SECTION P
PROPOSAL
Gentlemen:
~ In ~~liance with your invitation for bids dated
J , 19~~ , the undersigned hereby proposes to furnish
a labor, equipment, and materials, and to perfor.m all work
for the installation of streets, and appurtenances referred to
herein as:
Hyde Park Drainage Improvements
Project Number: 51-8571-269
in strict accordance with the Contract Documents and in
consideration of the amounts shown on the Bid Schedule
attached hereto and totaling:
-fjrv'€ nld.J-IDN Fif"T'I
f-/0t/fY 17 (f[[". d 'X~k'D
ALTERNATE "A"
rOue 11-1 DI:LS~t<fD Ot} 6 1I1X''f'D/!.CD
- UUL~~ \ ~ I/x-.if/IP/J, ~ J
LAl {)e.E;D
The undersigned hereby agrees that, upon written
acceptance of this bid, he will within 10 days of receipt of
such notice execute a for.mal contract agreement with the
OWNER, and that he will provide the bond or guarantees
required by the Contract Documents.
The undersigned hereby agrees that, if awarded the
contract, he will commence the work within 10 calendar
days after the date of written notice to proceed, and that he
will complete the work within 210 calendar days.
The undersigned acknowledges receipt of the
following addenda:
Respectfully Submitted
f'rn\CL~ COnSlrlXi1ofl Co:Inc '
(Name of Fi~ 'l":l-.._ _,
g \ (; (Y)O\ \ Lf r' ord 1"LX.lC1
$ G-A &:AD 1
(Bus ne A ress)
P-l
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Revised 1-15-99
MNO.
000
1 1
171-Q
207-020
230-1000
310-5080
402-0111
402-0120
-402-0133
-402-1802
**402-1S12
-413-10110'
441-0204
441-0206
441-4020
500-3101
500-3800
511-1000
550-1120
550-1180
550-1180
550-1240
550-1540
550-3000
550-4218
550-4224
603-0006
603-1018
610-0200
611-5029
611-8050
611-8130
641-1200
641-5001
641-5012
643-1171
643-80
660-
6 0
00
5000
00-5000
HYDE PARK DRAINAGE IMPROVEMENTS
ALTERNATE "A"
PROJECT NO: 51-8571-269
DESCRIPTION
~ . .. ~ 11l'~~"
":"PD::~:f}{ :;'~<~.
TRAFFIC CONTROL
BALED STRAW EROSION CONTROL CHECK
TEMPORARY SILT FENCE, TP C
OUNDA TION BKFILL MATERIAL, TP 2'
P SUM CONSTRUCTION
ED AGGR BASE CRS, 81N, INCL MATL
ED ASPH CONC. B, GP 1 OR 2, INCL BITUM
& H. LIME
SPH CONC. BASE, GP 1 OR 2, INCL
IAL & H. LIME
CONC. H, GP 2 ONLY, INCL BITUM
E
NC. PATCHING, INCL BITUM
R
MA
RECY
BITUM
RECYCLED
MATERIAL &
RECYCLED AS
MATERIAL & H. LI
RECYCLED ASPH C
MA TERJAL & H. LIME
BITUM TACK COAT
CONCRETE DITCH PAVING,
ADMIXTURE
CONCRETE DITCH PAVING, 61
ADMIXTURE
CONCRETE VALLEY GUTTER, 6 IN,
CLASS A CONCRETE. (BOX CULVERT)
CLASS A CONCRETE, INCL REINF STEEL:
BAR REINF STEEL
STORM DRAIN PIPE, 12 IN RCP, H 1-1
STORM DRAIN PIPE, 181N RCP, H 1
STORM DRAIN PIPE, 181N RCP C
STORM DRAIN PIPE, 24 IN RCP
STORM DRAIN PIPE, 54 IN R
ELLIPTICAL PIPE 29"X45"
FLARED END SECTION,
FLARED END SECTIQ
STONE BLANKET A
STONE PLAIN R
REM CH LK F
RESET CH
ADJUST
ADJU
GU
LEVELING, INCL BITUM
INCL FIBER
L FIBER
IV, H 1-10
10
1-10
LASS HE-IV,H 1-10
, STORM DRAIN
IN, STORM DRAIN
CTION, 6 IN.
, , 18 IN TYPE 1
, ALL SIZES & TYPES
NCE, ALL SIZES & TYPES
OLE TO GRADE
TER VALVE TO GRADE
IL, TPW
RAIL, ANCHORAGE, TYPE 1
RDRAll, ANCHORAGE, TYPE 12
LK FENCE, ZC COAT, 8 FT, 9 GA
GATE, CH lK, ZC COAT, 16 FT
SANITARY SEWER PIPE, 24 IN, DUCTilE IRON
SANITARY SEWER MANHOLE, TP 1
STORM SEWER MANHOLE, TP 2
JUNCTION BOX
GRASSING COMPLETE
P-2
, 'uNi~~'
LS
IF
IF
CY
LS
SY
TN
,;::,;
QTY
1
200
_", '..,"'~ '0',".';' \. , ,,'
.~" . " .,... 'l'~" ,'.' - ',' +' '+'~
..' .. . ~ ..... . :t......~:l '7.":...". ':.' ...'. ~
, <, UNIT:;\ >~~:;-AMOU
12,000.00 1 .00
2.50 0.00
1000
3000
1
350
60
TN
TN
150
TN
TN 75
150
7000
SY 7500
SY 200
CY 130
CY 110
lB 11 000
LF 40
IF 20
IF 200
LF 20
LF 120
F 160
3
2
SY 700
SY 700
IF 0
LF
EACH
EACH 10
LF 257
EACH 3
EACH 1
LF 14
EACH 1
LF 34
EACH 2
EACH 2
EACH 1
LS 1
TOTAL:
2.50
17.50
240,000.00
22.
90
/.i 5.00
75.00
75,00
75.00
1.20
27.50
29.50
30.00
525.00
500.00
0.29
37.45
39.05
45.21
58.56
153.55
160.90
674.50
717.24
7.75
30.00
2.75
9.00
200.00
100.00
17.12
0.00
00
600.
65.0
1,675.96
8,113.98
918.37
12,000.00
.'
2,500.00
52,500.00
240,000.00
7,875.00
4,500.00
6,750.00
11,250.00
3,000.00
5,625.00
180.00
192,500.00
221,250.00
6,000.00
68,250.00
55,000.00
3,190.00
1,498.00
781.00
9,042.00
1,171.20
18,426.00
25,744.00
2,023.50
1,434.48
5,425.00
21,000.00
5,500.00
18,000.00
4,000.00
1,000.00
4,399.84
4,500.00
1,850.00
210.00
600.00
2,210.00
3,351.92
16,227.96
918.37
00.00
1,054,18 .
.'
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HYDE PARK DRAINAGE IMPROVEMENTS
ALTERNATE"A"
PROJECT NO : 51-8571-269
P-3
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Revised 1-15-99
~ .,'
. ITEM NO.
150-1000
163-2051
171-0010
207-0203
230-1000
***230-1111
310-5080
402-0111
402-0120
-402-0133
-402-1802
-402-1812
-413-1000
441-0204
441-0206
441-4020
500-3101
500-3800
511-1000
550-1120
550-1180
550-1180
550-1240
550-1540
550-3000
550-4218
550-4224
603-0006
603-1018
610-0200
611-5029
611-8050
611-8130
641-1200
641-5001
641-5012
643-1171
643-8010
660-0824
668-3300
668-4400
668-5000
700-5000
HYDE PARK DRAINAGE IMPROVEMENTS
ALTERNATE "B"
PROJECT NO: 51-8571.269
" . . ';:'~:;:{1L;~?;~~"~~h3~{.i~:.;:;.~ '.
DESCRIPTION . '<:<'. J'~,-;,.~*,'., . ..'
TRAFFIC CONTROL
BALED STRAW EROSION CONTROL CHECK
TEMPORARY SILT FENCE, TP C
FOUNDATION BKFILL MATERIAL, TP 2
LUMP SUM CONSTRUCTION
LUMP SUM CONSTRUCTION (CLEAN DITCH ONLY)
GRADED AGGR BASE CRS, 8 IN, INCL MA TL
RECYCLED ASPH CONC. B, GP 1 OR 2, INCL BITUM
MATERIAL & H. LIME
RECYCLED ASPH CONC. BASE, GP 1 OR 2, INCL
BITUM MATERIAL & H. LIME
RECYCLED ASPH CONC. H, GP 2 ONLY, INCL BITUM
MATERIAL & H. LIME
RECYCLED ASPH CONC. PATCHING, INCL BITUM
MATERIAL & H. LIME
RECYCLED ASPH CONC. LEVELING, INCL BITUM
MATERIAL & H. LIME
BITUM TACK COAT
CONCRETE DITCH PAVING, 41N. INCL FIBER
ADMIXTURE
CONCRETE DITCH PAVING, 6 IN, INCL FIBER
ADMIXTURE
CONCRETE VALLEY GUTTER. 6 IN.
CLASS A CONCRETE, (BOX CULVERT)
CLASS A CONCRETE. INCL REINF STEEL
BAR REINF STEEL
STORM DRAIN PIPE, 12 IN RCP, H 1-10
STORM DRAIN PIPE, 18 IN RCP, H 1-10
STORM DRAIN PIPE, 181N RCP CLASS IV, H 1-10
STORM DRAIN PIPE, 24 IN RCP, H 1-10
STORM DRAIN PIPE, 54 IN RCP, H 1-10
ELLIPTICAL PIPE 29"X45" RCP,CLASS HE-IV,H 1-10
FLARED END SECTION, 181N, STORM DRAIN
FLARED END SECTION, 24 IN, STORM DRAIN
STONE BLANKET PROTECTION. 6 IN.
STONE PLAIN RIP-RAP, 181N TYPE 1
REM CH LK FENCE, ALL SIZES & TYPES
RESET CH LK FENCE, ALL SIZES & TYPES
ADJUST MANHOLE TO GRADE
ADJUST WATER VALVE TO GRADE
GUARDRAIL, TP W
GUARDRAIL, ANCHORAGE, TYPE 1
GUARDRAIL, ANCHORAGE, TYPE 12
CH LK FENCE. ZC COAT, 8 FT, 9 GA
GATE, CH LK, ZC COAT, 16 FT
SANITARY SEWER PIPE, 24 IN, DUCTILE IRON
SANITARY SEWER MANHOLE, TP 1
STORM SEWER MANHOLE, TP 2
JUNCTION BOX
GRASSING COMPLETE
~r' 1.'.;'.~
, . '-;';""'?;-...
UNIT
LS
LF
LF
CY
LS
LS
SY
TN
TN
TN
TN
TN
GL
SY
SY
SY
CY
CY
LB
LF
LF
LF
LF
LF
LF
EACH
EACH
SY
SY
LF
LF
EACH
EACH
LF
EACH
EACH
LF
EACH
LF
EACH
EACH
EACH
LS
P-4
TOTAL:
~:~'.'I<~ :,/t,;". '. -':~.:~~';"" ......;:... .
QTY ': :,':: UNIT :~~ - ~;~:;AMOUNT ;::::'
1 12,000.00 12,000.00
200 2.50 500.00
1000
3000
1
1
350
60
150
2400
7500
200
130
110
11 000
40
20
200
20
120
160
3
2
700
700
2000
2000
20
10
257
3
1
14
1
34
2
2
1
1
2.50
17.50
225,000.00
30,000.00
22.50
75.00
90
75.00
150
75.00
40
75.00
75
75.00
1.20
27.50
29.50
30.00
525.00
500.00
0.29
37.45
39.05
45.21
58.56
153.55
160.90
674.50
717.24
7.75
30.00
2.75
9.00
200.00
100.00
17.12
1,500.00
1,850.00
15.00
600.00
65.00
1,675.96
8,113.98
918.37
12.000.00
2,500.00
52,500.00
225,000.00
30,000.00
7,875.00
4,500.00
6,750.00
11,250.00
3,000.00
5,625.00
180.00
66,000.00
221,250.00
6,000.00
68.250.00
55,000.00
3,190.00
1,498.00
781.00
9,042.00
1,171.20
18,426.00
25,744.00
2,023.50
1,434.48
5,425.00
21,000.00
5,500.00
18,000.00
4,000.00
1,000.00
4,399.84
4,500.00
1,850.00
210.00
600.00
2,210.00
3,351.92
16.227.96
918.37
12,000.00
942,683.27
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HYDE PARK DRAINAGE IMPROVEMENTS
ALTERNATE "8"
PROJECT NO : 51-8571-269
Revised 1-15-99
.. ESTIMATED QUANTITIES INCLUDE HAUL ROUTE RESTORATION QUANTITIES
LUMP SUM CONSTRUCTION INCLUDES. BUT IS NOT LIMITED TO. THE FOLLOWING:
CLEARING ACTIVITIES
GRADING ACTIVITIES
PLACEMENT OF FILL . _._. ~" .
RECONSTRUCTION OF DRIVES & SIDEWALKS
CONSTRUCTION OF DAN BOWLES DITCH
CLEANING OF SEDIMENT & DEBRIS
REMOVAL OF EXISTING STORM SEWER FEATURES
REMOVAL OF EXISTING UTILITIES
CUT & PLUG EXISTING WATER LINE
REMOVAL AND RECONSTRUCTION OF BRICK WALLS
THE ABOVE QUANTITIES ARE CONSTRUCTION ESTIMATES ONLY
ALL WORK NOT SPECIFICALLY PAID AS A SEPARATE PAY ITEM SHALL BE
INCLUDED IN LUMP SUM CONSTRUCTION (ITEM NO. 230-1000)
***230-1111 . - LUMP SUM CONSTRUCTION CONSISTS OF CLEARING THE 60' EASEMENT
AND DITCH AND CLEANING OF THE: DITCH. (SEE PLANSHEET NO. 18)
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HYDE PARK DRAINAGE IMPROVEMENTS
GENERAL NOTES
ADJUSTING MINOR STRUCTURES TO GRADE:
This item consists of raising or lowering the upper portion
of existing manholes, water valve boxes, gas valve boxes or
any other miscellaneous structures within the area of
construction. There will be no separate payment for this
work unless shown as a separate pay item.
AGGREGATE SURFACE COURSE:
The item aggregate surface course is for use in inclement
weather to facilitate the movement of local traffic along
roadway construction and to permit ingress and egress at
drives. When used for this purpose, Section 318, Georgia
Standard Specifications, is modified to permit truck dumping
on unprepared and muddy subgrade. Section 318 is further
modified to permit the use of crusher run stone as described
in Subsection 806.02. The Contractor will have the choice of
the following materials.
Graded Aggregate
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.
AS-BUILT PLANS:
The Contractor shall retain the services of the consultant
who designed the project to furnish three (3) complete sets
of "as-built" plans, in good condition, to the Project
Inspector prior to final payment being made. Such plans
shall have all significant changes marked in red. The
Project Inspector shall review the marked plans for accuracy,
legibility and completeness. As-built plans, approved by the
Project Inspector, must have the Inspector's signature on the
cover sheet. No "as-built" plans will be accepted without
the approval of the Project Inspector. Payment for as-built
plans shall be included in the price bid for other items.
CASINGS:
All ~~eel 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
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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 shall not begin until the Contractor has on hand all
equipment in good working condition, and competent operators.
The backfilling of pipe and other minor structures shall be
in accordance with Georgia Department of Transportation
Standard Specifications, CUrrent Edition. Backfilling with
sand using jetting and/or flooding will not be allowed in any
case without the written permission of the Engineer.
CONCRETE:
The Contractor shall have a slump cone on the project at all
times when concrete is being placed. He shall, in the
Engineer's presence, perfor.m slump tests as directed by the
Engineer. Tests shall be perfor.med by qualified personnel
with a properly cleaned slump cone. Allowable slumps are 211
minimum and 411 maximum. Class IIAII concrete shall have a
minimum of 611 lbs. cement per cubic yard. Class liB II
concrete shall have a minimum of 470 lbs. cement per cubic
yard. Concrete not meeting these requirements will be
rejected by the Engineer.
CONSTRUCTION:
At locations where new pavement is to be placed adjacent to
existing pavement without an overlay or where curbing is to
be placed across paved parking lots, a joint shall be sawed
on a line to ensure pavement removal to be neat. Only those
joints sawed in concrete pavement will be paid for under the
pay item - Sawed Joints...Per Linear Foot when shown in the
contract as a specific pay item.
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 stor.m drain pipe, side drain pipe, pipe culvert
wingwalls, steps, retaining walls, curbs and gutters,
headwalls, all types of pavement, wooden structures, except
those specifically shown as a removal pay item shall be
removed as Clearing and Grubbing, Grading Complete, Grading
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Per Mile or Lump Sum Construction.
All miscellaneous construction details shall be in accordance
with Georgia Standard 9031-H.
CONSTRUCTION LAYOUT:
Construction layout work shall be performed by the
Contractor. See Section 149 of the Standard Specifications.
The survey for this proj ect was made by W. R. Toole Eng.
(706)722-4114.
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 "H".
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 along roadway construction and
to permit ingress and egress at drives. When used for this
purpose, Section 318, Georgia Standard Specifications is
modified to permit truck dumping on unprepared and muddy
subgrade. Section 318 is further modified to permit the use
of crusher run stone as described in Subsection 806.02. The
Contractor will have the choice of the following materials:
Graded Aggregate
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.
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.
EROSION AND SEDIMENT CONTROL:
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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.
FENCE:
All new fence called for on the plans and/or contract
documents shall meet the requirements of Section 643 of the
Georgia Department of Transportation Standard Specifications,
current edition. New fence not meeting these Specs will be
rejected.
In contracts where remove and reset fence items are involved
(either as pay items or as Lump Sum Construction) all
replacement fence shall be equal to or better than the
existing fence as approved by the Engineer. This means equal
to or better than the original fence at the time of it's
installation.
In accordance with Subsection 643. 03D the Contractor must
furnish positive locking devices, padlocks and keys with all
gate assemblies.
FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the
construction of this project are to be returned to the pre-
existing shape and slope and then finished and dressed. No
separate payment will be made for grassing, fertilizing and
mulching of disturbed areas, unless specifically shown as a
pay item.
FLAGGING:
Flaggers shall be provided as required to handle traffic, as
specified in the Plans or Special Provisions, and as required
by the Engineer.
All flaggers shall meet the requirement of part 6F of the
MUTCD and must have received training and a ce~tificate 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,
fluorescent orange vest, shirt, or jacket, and shall
and a
use a
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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
inches square red/orange flag as an addi tional 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 confor.m 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 confor.m 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-C or as
directed by the Engineer. Payment shall be per cubic yard
unless otherwise specified in the contract.
GRADES:
With the approval of the Engineer, grades may be field
adjusted to provide for best drainage.
GRADING:
In contracts where grading, including excavation for drainage
structures, is accomplished under Section 210 (Grading
Complete or Grading Per Mile) or Section 230 (Lump Sum
Construction) the Lump Sum amount bid will include all work
necessary to obtain the line, grade and compaction in
accordance with the Specifications and other contract
documents. There will be no separate payment for any work of
this nature including borrow and the removal of unsuitable
and/or unstable material. However, the Contractor shall make
whatever investigations he deems necessary to determine the
extent of any borrow or removal necessary to meet contract
requirements. If it develops that removal of
unsuitable/unstable materials quantities could not have been
predicted by the Contractor from a reasonably thorough
investigation of project conditions, the Contractor may
request negotiation for payment for excavation of this nature
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in areas where the depth exceeds three (3) feet below
subgrade. The OWner will consider negotiation only when this
type of removal is excessive and the Contractor provides
evidence that he thoroughly investigated project conditions
prior to entering his bid. Only those quantities in excess
of three (3) feet below finished subgrade and/or nor.mal
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 infor.mation to prepare his
bid.
All slope areas are to be grassed unless shown otherwise on
plans. Temporary grass is required if per.manent grass season
is out.
The Contractor shall be responsible for all soil erosion and
sed~ent control practices including Temporary Grassing,
Temporary Mulch and other temporary measures. All on- si te
erosion control shall comply with local erosion and sed~ent
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 numbers 700-5000 or 700-6001 are shown as a pay
item Georgia Department of Transportation Specifications are
modified to provide that the lump sum price bid shall be full
payment for all fertilizer, l~e and nitrogen. No separate
measurement for payment will be made for any work or
materials required to accomplish a stand of per.manent grass.
INFESTATION:
The entire project is considered to be within the l~its of
an insect infested area. The Contractor I s attention is
calleu to the following sections of the Standard
Specifications: (A) 155 Insect Control (B) 893 Miscellaneous
Planting Materials.
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INSPECTION:
This project will be inspected by the Engineer or his
Representative.
LEVELING COURSE:
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 approx~te and subject
to change. All changes will be made at the unit prices, as
bid.
MISCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structure such as Catch Basins,
Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain
Inlets, Special Inlets, etc. whether standard or special
design shall be paid for Per Each. There will be no separate
payment for additional depth unless specifically shown as a
pay item. NOTE: All Catch Basins, Drop Inlets, Manholes,
exposed Junction Boxes, etc. with concrete topslabs shall
include manhole rings and covers.
PATCHING AND REPAIR OF MINOR DEFECTS:
Where necessary, the Contractor is required to patch and
repair existing potholes, minor pavement defects and base
failures in accordance with the Specifications.
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 IIAII or IIBII concrete (See Georgia Standard
9031-L) .
3. Payment for pipe culvert includes any required concrete
collars (See Georgia Standard 9031-U) .
PIPE CULVERTS:
Unless otherwise noted, all cross drain, longitudinal and
stub pipe are to be reinforced concrete.
All required pipe culverts shall be in accordance with
Standard 1030-D.
Foundation Backfill Material Type I shall confor.m to Georgia
Standard 1030-D. No deparate pay item will be made for this
material or its placement.
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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. Payment for pipe culvert includes plugging
existing pipe with Class "A" or liB II concrete and for
constructing concrete collars.
The Contractor shall include in his price bid for pipe, the
additional cost of bends, tees, fasteners, appropriate
gaskets (see Section 848 of the Standard Specifications), and
structure excavation.
PRECAST CONCRETE UNITS:
Precast Concrete Units, other than those specifically allowed
by Georgia Department of Transportation Specifications, such
as Drop Inlets, Catch Basins, Manholes, etc shall not be
installed without written permission from the Engineer. Any
such units installed without such written permission shall be
removed from the project.
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 700.0S.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 and 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 perfor.m any work outside the limits
of the right-of-way or easements. In addition, no equipment
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or material shall
written per.mission
Engineer.
placed
both
outside these areas
the property owner
without
and the
be
of
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 infor.mation 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.
SALVAGEABLE MATERIAL:
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
stored within the right-of-way by the Contractor. These
materials shall be picked up and transported by Augusta-
Richmond County forces.
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
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 wi thin these specifications, they will be revised to
resolve such conflict. Until the conflict is resolved, the
interpretation of the Engineer shall control the situation.
SPECIFICATIONS, STANDARDS AND OTHER DATA:
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All references in this document, which includes all papers,
writings, documents, drawings, or photographs used, or to be
used in connection with this document, to State Highway of
Georgia, State Highway Department, Highway Department, or
Department when the context thereof means the Georgia
Department of Transportation mean, and shall be deemed to
mean, Augusta-Richmond County, Augusta-Richmond County
commission-Council Department of Engineering Services.
The data, together with all other infor.mation 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 infor.mation 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.
This project shall be constructed in accordance with current
Georgia Department of Transportation Roadway Standards and
Construction Details.
STORM DRAIN PIPE:
Unless otherwise noted, all storm drain, longitudinal and
stub pipe are to be reinforced concrete.
SUBCONTRACTORS:
The Contractor shall furnish the official name of all fir.ms
he proposes to use as Subcontractors in the work. This
infor.mation should be furnished at the preconstruction
Conference. However, no work shall be done on this project
by a Subcontractor until the Contractor receive written
approval of his Subcontractor(s) from the Engineer. The
Engineer shall notify the Contractor, in writing within 10
calendar days whether or not approval of the Subcontractor(s)
is granted.
SUPERELEVATION:
All horizontal circular curves are to be superelevated in
accordance with Georgia Standard 9028-C as directed by the
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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 perfor.m 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
project (see Section 500 of
Transportation Specifications).
where necessary.
tests are required on this
the Georgia Department of
Other tests may be required
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 thicknesses. A min~um of three
(3) cores per mile or three (3) cores per project, whichever
is greater, shall be cut by the Contractor. If all
thicknesses 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 deter.mined by
the Engineer and at locations of the Engineer I s choosing,
shall be cut to determine 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 subgrade shall be test
rolled on six feet centers using a loaded dump truck or other
equipment approved by the Engineer.
TRAFFIC CONTROL:
The Contractor shall provide construction signs in accordance
with requirements of "Manual on Unifor.m 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.
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All temporary signs, barricades, flashing lights, striping
and any other traffic control devices required during
construction of this project shall meet all requirements of
the M.U.T.C.D., current edition, as directed by the Engineer
and furnished by the Contractor with payment in accordance
with Section 150.
All traffic signs shown are min~um. Other signs may be required
by the Engineer with payment included under the appropriate items.
All temporary traffic control devices
accordance with Georgia Department
Standards and Specifications.
are to be placed in
of Transportation
In accordance with Section 150 of the Standard Specifications
and it's Supplement, 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 t~e 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 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 t~es unless approved otherwise by the
Engineer. As a min~um, the Contractor must comply with the
manual on Uniform Traffic Control Devices, current edition
and Georgia Standard 9102.
TRAFFIC CONTROL DEVICES:
The Contractor shall provide all temporary traffic control
devices needed to safely direct traffic through the
construction area.
All temporary traffic control devices are to be placed in
accordance with Georgia Department of Transportation
Standards and Specifications.
TRAFFIC DETOURS:
Where detours are required and in accordance with Section 150
of the Standard Specifications and any Supplements thereto,
the Contractor shall file for approval a detour plan of
operation for this project. This plan shall include details
of staging and rerouting of traffic including estimated
length of t~e for use of the detours.
The Contractor shall so conduct his operations that there
will be a min~um 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 maiutained at all t~es unless approved
otherwise by the Engineer. As a min~um, the Contractor must
comply with the Manual on Uniform Traffic Control Devices,
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current edition and Georgia Standard 9102.
UTILITIES:
The Contractor's attention is directed to the possibility of
encountering private utility installations consisting of
sanitary sewers, water, sprinkler systems, ornamental light
systems, gas and underground telephone cables, etc. that
ei ther are obstructions to the prosecution of the work and
need to be moved out of the way or, if not, must be properly
protected during construction. No separate payment will be
made for this work. Public utilities of this nature will be
handled by the utility owner.
THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS:
Georgia Power Company
Post Office Box 488
Augusta, Georgia 30904
Telephone (706)724-0892
Attention: Michael O'Meara
Georgia Natural Gas Company
Post Office Box 1426
Augusta, Georgia 30913
Telephone (706)722-7791
Southern Bell Telephone
3841 Wrightsboro Road
Augusta, Georgia 30909
Telephone (706)828-8500
Attention: Bert Neese
Jones Intercab1e, Inc.
1424 Monte Sano Avenue
Augusta, Georgia 30904
Telephone (706)736-6515
Urban Services Water & Sewer
2760 Peach Orchard Road
Augusta, Georgia 30906
Telephone (706)796-5000
UTILITIES:
All utility facilities which are in conflict with
construction, not covered as specific items in the detailed
estimate, are to be removed and relocated to clear
construction by the respective owners, unless added. later to
the contract as a supplemental item. All "above ground II
utility structures will be located as near as possible to the
right-of-way line.
The Contractor will not be paid for
expense caused by utility facilities,
other items not being removed or
construction in advance of his work.
any delays or extra
obstructions or any
relocated to clear
All known utility facilities are shown schematically on
highway 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 Ut:~ity Facilities" means
any utility facility that exists on the highway project in
its original, relocated or newly installed position.
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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
Georgia Power Company
Georgia Natural Gas company
Jones Cable T.V.
Southern Bell Telephone
Augusta-Richmond Co. Water
and Sewer
Power
Gas
Cable
Telephone
Water, Sewer
The Contractor shall use the one-call center telephone number
1-800-282-7411 for the purposes of coordinating the marking
of underground utilities.
The Contractor's attention is directed to the probability of
encountering private utility installations consisting of
sanitary sewers, water, sprinkler systems, ornamental light
systems, gas and underground telephone cables that either are
obstructions to the prosecution of the work and need to be
moved out of the way or, if not, must be properly protected
during construction. No separate payment will be made for
this work. Public utilities of this nature will be handled
by the utility owner.
UTILITY ACCOMMODATION POLICY:
In so far as possible work shall be scheduled so that
open excavations will not be left overnight. Where trenches,
pits or other excavations are within the clear roadside areas
and cannot be backfilled before leaving the job site, they
shall be covered by timbers or metal plates and protected by
reflectorized and/or lighted barricades as appropriate and as
directed by the Engineer. Barricades sufficient to prevent a
person from falling into an excavated or work area must be
erected in areas where these conditions exist.
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/
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 150- TRAFFIC CONTROL
August 28, 1995
First Use: October 20, 1995
Modification of Special Provision
Section 150 - Traffic Control (Rev. June 21, 1994)
Retain Section 150 as written and add the following:
For this project, all references to flags on construction warning signs in the Standard Construction Details
listed below are deleted except for signs which are mounted at less than seven (7') feet in height (portable
signs).
Standard Construction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Across Median
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscellaneous Details
In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform to Part VI of the MUTeD, Revision 3, dated
September 3,1993.
150.02 WORK ZONES: Delete "Work ZonesH and substitute: Temporary Traffic Control Zones.
150.02. 8.2.: Delete last sentence and 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 and add second paragraph.
Posts for all interim signs shall be constructed to yield upon impact unless the posts are protected
by guardrail, portable barrier, impact attenuator or other type of positive barrier protection.
Unprotected posts shall meet the breakaway requirements of the "1985 AASHTO Standard
Specifications for Structural Supports for Highway Signs, Luminaries 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.
150.03.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE
REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF
WARNING FLAGS.
Delete first sentence of second paragraph and substitute:
Construction warning signs which are mounted at less than seven feet in height (portable signs) shall
have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each sign.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.04.E.2.a.2.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid line"s are
required.
150.04. E.2.b.1.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid lines are
required.
150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute Type
11 {eleven}.
150.10 PAYMENT: Item No. 641 - Delete reference to Type 9 and substitute Type 11 {eleven}.
SPECIAL PROVISION
SECTION 15()';- TRAFFIC CONTROL
June 22, 1994
First Use: July 24, 1994
Modification of Standard Specifications, 1993 Edition
Retain Section 150 as written and add the following:
For this project, all references in the Standard Construction Details listed below to Type I Barricades,
Type II Barricades, Type "A" flashing-lights and Type "C" steady bum lights are deleted, except that
Type "C" lights will be required for tapers in nighttime lane closures.
Standard Construction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Across Median
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscellaneous Details
In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated
September 3, 1993.
Detail "A" as shown on Georgia Standard 4960 is deleted.
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
Rev. June 21, 1994
First Use: July 24, 1994
Rev.: August 16, 1994
Modification of the Standard Specifications, Current Edition
Delete Section 150 as written and substitute the following:
150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTCD shall be
considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and
removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic
control devices and shall include flagging and other means for guidance and protection of vehicular and
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
pedestrian traffic through the Work Zone. This Work shall include both maintaining existing deVices
(excluding Traffic Signals) and installing additional devices as necessary in construction work zones.
When any provisions of this Specification or the Plans do not meet the minimum requirements of the
Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition of the
MUTCD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration of the
project.
A. The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor
(WTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices
in accordance with the Plans, Specifications, Special Provisions and the MUTeD. This individual's
traffic control responsibilities shall have priority over all other assigned duties.
As the representative of the Contractor, the WTCS shall have full authority to act on behalf of the
Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in
safe traffic control practices in accordance with Part VI of the MUTeD. In addition to the WTCS all
others making decisions regarding traffic control must meet the training requirements of Part VI of
the MUTCD. On projects where traffic control duties will not require full time supervision, the
Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as
satisfactory resul ts are obtained.
The WTCS shall have a copy of the MUTCD on the job site. Copies of current MUTCD may be
obtained from:
U.S. Government Printing Office
Superintendent of Documents
Mail Stop: SSOP
Washington, D.C. 20402-9328
The WTCS shall be available on a 24-hour basis as needed to maintain traffic control devices with
access to all personnel, materials and equipment necessary to respond effectively to an emergency
situation within forty-five (45) minutes of notification of the emergency.
The WTCS shall supervise the initial installation of traffic control devices which will be reviewed by
the Engineer prior to the beginning of construction. Modifications to traffic control devices as required
by sequence of operations or staged construction must be reviewed by the WTCS. The WTCS shall
regularly perform inspections to ensure that traffic control is maintained.
B. All traffic control devices used during the construction of a project shall meet the Standards utilized
in the MUTCD, and shall comply with the requirements of these Specifications, Project Plans, and
Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09.
C. All reflectorization for construction (black on orange) signs, object markers, and channelization
devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other
signs shall meet the requirements of Type I unless otherwise specified.
D. No work shall be started on any project phase until the appropriate traffic control devices have been
placed in accordance with Project requirements. Changes to traffic flow shall not commence unless
all labor, materials, and equipment necessary to make the changes are available on the Project.
E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation,
sequence of work and methods of providing for the safe passage of vehicular and pedestrian traffic
before it is placed in operation. The proposed plan of operation should supplement the approved
traffic control plan. Any major changes to the approved traffic control plan, proposed by the
Contractor, are to be submitted to the Department for approval in accordance with Subsection 104.03
of the Standard Specifications.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Some additional traffic control details will be required prior to any major shifts of traffic. The traffic
control details shall include, but not be limited to, the following:
1. A detailed drawing showing traffic location and laneage for each step of the change.
2. The location, size, and message of all signs required by the MUTCD, Plans, Special Provisions,
and other signs as required to fit conditions.
3. The method to be used in, and the limits of, the obliteration of conflicting lines and markings.
4. Type, location, and extent of new lines and markings.
5. Horizontal and vertical alignment and superelevation rates for detours, including cross section
and profile grades along each edge of existing pavement.
6. Drainage details for temporary and permanent alignments.
7. Location, length, and/or spacing of channelization and protective devices (temporary barrier,
guardrail, barricades, etc.)
8. Starting time, duration and date of planned change.
9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing
workforce, materials, and equipment necessary to accomplish the proposed work.. This will be the
minimum resource allocation required in order to start the work.
The above details shall be submitted to the Engineer for approval at least 14 days prior to the
anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has
been approved by the Engineer prior to commencement of the physical shift. All preparatory work
relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the
designated starting time. The Engineer and the Contractor's representative will verify that all
conditions have been met prior to the Contractor obtaining materials for the actual traffic shift.
F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be
maintained in accordance with Subsection 104.05 throughout the construction period. All
unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic
control devices shall be removed, placed or covered so as not to be visible to traffic. If traffic control
devices are left in place for more than ten days after completion of the Work, the Department shall
have the right to remove such devices, claim possession thereof, and deduct the cost of such removal
from any monies due, or which may become due, the Contractor.
G. The Department reserves the right to restrict construction operations when, in the opinion of the
Engineer, the continuance of the Work would seriously hinder traffic flow on days immediately before,
on, or after holidays or other days in which unusual traffic conditions exist, including threatening or
inclement weather.
150.02 WORK ZONES:
A. In addition to the other provisions contained herein, work zone traffic control shall be accomplished
using the following means and materials:
1. Portable advance warning signs as required by the contract or meeting the requirements of the
MUTeD and Sub-Section 150.03.
2. Portable sequential or flashing arrow panels as shown in the Plans or Specifications for use on
Interstate or multi-lane highway lane closure only, shall be a minimum size of 48" high by 96"
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
wide with not less than 15 lamps used for the arrow. The arrow will occupy virtually the entire
size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum
legibility distance is that distance at which the arrow panel can be comprehended by an observer
on a sunny day, or clear night. Arrow panels shall be equipped with automatic dimming features
for use during hours of darkness. The arrow panels shall also meet the requirements as shown
in the MUTeD. The sequential or flashing arrow panels shall not be used for lane closures on two-
lane, two-way highways when traffic is restricted to one-lane operations in which case,
appropriate signing, flaggers and when required, pilot vehicles will be deemed sufficient.
3. Portable changeable message 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 647.
7. 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 have channelization devices placed on both sides of the ramp. The
temporary ramp taper length shall be greater than, or equal to, the existing taper length. Interim
EXIT gore signs shall be placed at the ramp divergence. Charmelization device spacing in the first
100 feet of the temporary gore shall be 25 feet.
3. Termination Area: The transition to normal or full width highway at the end of a lane closure
shall be a maximum of 150 feet.
4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07,
the Contractor shall remove all signs, lane closure markings, and devices immediately when lane
closure work is completed or temporarily suspended for any length oftime 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 maximum to work in or above all lanes of traffic for the
following purposes:
a. Placing bridge members or other bridge work.
b. Placing overhead sign structures.
c. Other work items requiring interruption of traffic.
The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing light for
each direction of pacing. The police officer, Engineer, and 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
When ready to start the work activity, the police vehicle will pull into the travel lanes and act as a
pilot vehicle slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform
the Work. Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic,
with a flagger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be opened
after the police vehicle has passed.
Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph
non-interstate. The Contractor shall provide a vehicle to proceed in front of the police vehicle and
behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared
the area.
Traffic will not be permitted to stop during pacing except in extreme cases as approved by the
Engineer.
2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of
the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72
inch) with a Type ''B'' flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY'
(See Detail 150-A). A portable changeable message sign may be used in lieu of the W -special sign. On
divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted
at the sign, and upon notice that the traffic is to be paced shall turn on the flashing light and reveal
the sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered
or removed. W-special signs are reflectorized black on orange, Series "C" letters and border of the size
specified.
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STATE OF GEORGIA
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D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic
unless separated by a positive barrier, or when construction activity necessitates otherwise, and shall
not reverse direction except at intersections, interchanges, or approved temporary crossings.
E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not
interfere with normal traffic operations or adjacent properties.
F. Existing street lighting shall remain lighted as long as practical and until removal is approved by the
Engineer.
G. Adequate temporary lighting shall be provided at all nighttime work sites where workers will be
immediately adjacent to traffic.
H. For their own protection, workers in or adjacent to traffic during nighttime operation shall wear
reflectorized vests.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
1. The parking of Contractor's and/or workers personal vehicles within the work area or adjacent to
traffic is prohibited.
J. The Worksite Traffic Control Supervisor 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 travel way. These items shall be stored in a location, in so far as practical, where they
will no~ 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 existing walkways, temporary walkways shall be provided and maintained, with
appropriate signs as necessary, to allow safe passage of pedestrian traffic.
150.03 SIGNS:
A When required for proper traffic control during construction of the project, all existing guide, warning,
and regulatory signs shall be maintained by the Contractor in accordance with these Specifications.
Existing street name signs shall be maintained at street intersections. All existing illuminated signs
shall remain lighted and be maintained by the Contractor.
B. When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered
so as not to be visible to traffic. All construction warning signs shall be removed within seven calendar
days after time charges are stopped or pay items are complete. Subsequent punch-list or other work
to be performed shall be accomplished utilizing temporary construction warning signs that shall be
removed daily.
C. The Contractor shall not remove any existing signs and supports without prior approval from the
Engineer. All existing signs and supports which are to be removed shall be stored and protected as
directed by the Engineer, and become the property of the Department unless otherwise specified in
the contract documents.
D. Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed,
reused and maintained by the Contractor in accordance with the MUTCD, the Plans, Special
Provisions, or as directed by the Engineer. These signs shall remain the property of the Contractor.
The bottom of all interim signs shall be at least seven feet above the level of pavement edge.
E. Existing special guide signs on the Project shall be maintained until conditions require a change in
location or legend content. When change is required, existing signs shall be modified and continued
in use if the required modification can be made within existing sign borders using design
requirements Oegend, letter size, spacing, border, etc.) equal to that 'of the existing signs, or of
Subsection 150.03.E.5. Differing legend designs shall not be mixed in the same sign.
1. SPECIAL GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that
are designed witb a message content Oegend) that applies to a particular roadway location. When
an existing special guide sign is in conflict with work to be performed, the Contractor shall remove
the conflicting sign and reset it in a new, non-conflicting location which has been approved by the
Engineer.
2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize existing signs, either in
place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new
interim special guide signs in accordance with the Plans or as directed by the Engineer.
3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide sign
structures are not required to be lighted unless specifically required by the Plans. Iflighting is
required the sign shall be lighted as soon as erected and shall remain lighted, during the hours
of darkness, until the interim sign is no longer required. The Contractor shall notify the Power
Company at least thirty (30) days prior to desiring connection to the power source.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. The installation of new permanent special guide signs and the permanent modification or
resetting of existing special guide signs, when included in the contract, shall be accomplished as
soon as practical to minimize the use of interim special- guide signs. Iflighting is required by the
Plans, all new permanent overhead special guide signs shall be lighted as soon as erected.
5. Interim special guide signs that may be required in addition to, or a replacement for, existing
expressway and freeway (interstate) signs must be designed and fabricated in compliance with
the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways"
and Part 2F "Guide Signs Freeways" of the MUTeD, except that the minimum size of all letters
and numerals in the names of places, streets and highways on all signs shall be 16 inches Series
"E" initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48
inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the
exit road name or route shield shall be placed on the exit gore sign.
F. MATERIALS - INTERIM SIGNS:
1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green
or silver paint may be used in lieu of galvanization for steel posts or structural shape posts. Wood
posts are not required to be pressure treated.
2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 ofthe
Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1
and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regardless of the sign type
used. Alternative sign blank. materials (composites, poly carbonates, fiberglass reinforced plastics,
recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research
for use as interim construction signs before these materials are allowed to be incorporated into
the work.. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum.
Plywood blanks or panels will not be permitted.
G. All existing, interim and new permanent signs shall be installed so as to be completely visible for an
advance distance in compliance with the MUTCD. Limbs, brosh, construction equipment and
materials shall be kept clear of the driver's line of sight to the signs.
H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the
MUTeD and shall include a series of at least three advance road construction (W20-1) signs placed
at the termini of the project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET,
AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend
ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILE.) On-ramps and at grade intersecting roadways
shall be signed with a minimum of one ROAD WORK AHEAD sign.
All construction warning signs shall have two 18 inch x 18 inch fluorescent red-orange or orange-red
warning flags mounted on each including the project construction signs (G20-1 and G20-2A.) Project
mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest
whole mile. All construction warning signs on divided highways shall be double indicated (Le., on the
left and right sides of the roadway.)
1. The sequential or flashing arrow panels shall be placed on the shoulder at or near the point where
the lane closing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable
support. Vehicle mounted panels shall be provided with remote controls. Minimum mounting height
shall be seven feet above the roadway to the bottom of the panel, except on vehicle mounted panels
which should be as high as practical.
J. The portable changeable message sign, when specified, shall be placed ahead of construction activities
and shall meet the requirements of Section 632 and the MUTCD.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
K. The flashing beacon assembly, when specified, shall be used in conjunction with construction warning
signs, regulatory, or guide signs to inform traffic of special road conditions which require additional
driver attention. The flashing beacon assembly shall be installed in accordance with the requirements
of Section 647.
150.04 PAVEMENT MARKINGS
A Generally, full pattern pavement markings in accordance with Section 652 and in conformance with
Section 3A and 3B, except 3B-3 and 3B-5, of the MUTeD are required on all courses before the
roadway is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E. During
construction and maintenance activities on all highways open to traffic, both existing markings and
markings applied under this Section shall be fully maintained until Final Acceptance. If the pavement
markings are, or become, WlSatisfactory in the judgement of the Engineer due to wear, weathering,
or construction activities, they shall be restored immediately. On resurfacing projects pavement
markings shall be provided on all surfaces that are placed over existing markings. On widening and
reconstruction projects (where the lane configuration is altered from the pre-construction layout)
pavement markings will be as required by the Plans or the Engineer. On new construction projects
pavement marking plans will be provided.
B. MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width
and shall conform to the requirements of Section 652, except as modified herein. Raised pavement
markers (RPMs) shall meet the requirements of Section 654. Markings on the final surface course
which must be removed shall be a removable type. The Contractor will be permitted to use paint,
thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise
directed by the Engineer. Partial (skip) reflectorization (i.e. reflectorizing only a portion of a stripe)
will not be allowed.
C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of
markings in the fmallane configuration at the earliest possible stage.
Inappropriate or conflicting existing pavement markings shall be removed.
When shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall
be removed prior to, during, or immediately after any change so as to present the least interference
with traffic.
Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the
project for immediate use. If marking removal equipment failures occur, the equipment shall be
repaired or replaced (including leasing equipment if necessary), sO" that the removal can be
accomplished without delay.
Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course,
when approved by the Engineer. When an asphaltic concrete overlay is placed for the sole purpose
of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay
will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid
for only once and further traffic shifts in the same area shall be accomplished with removable
markings. Only the minimum asphaltic concrete thickness required to cover lines (generally 60 IbJsq.
yd. of Asphaltic Concrete "H") will be allowed. Excessive build-up will not be permitted. When an
overlay for the sole purpose of eliminating conflicting markings is not allowed, the markings no longer
applicable shall be removed in accordance with Subsection 656.02. The elimination of conflicting
pavement markings by overpainting with paint or liquid asphalt is not acceptable.
D. Raised pavement markers (RPMs) are required as listed below for all asphaltic concrete pavements
before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or fmal
surface and is open to traffic, one calendar day is allowed for cleaning and drying before the
installation of RPMs is required.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
1. On Interstate and limited access highways under construction, excluding projects consisting
primarily of asphalt resurfacing items, retro-reflective raised pavement markers CRPMs) shall be
placed and/or maintained on intermediate pavement.surfaces opened to traffic as follows:
a SUPPLEMENTING LANE LINES:
80 foot centers on skip lines with curvature less than three degrees. (Includes tangents.)
40 foot centers on solid lines and all lines with curvature between three degrees and six
degrees.
20 foot centers on curves over six degrees.
20 foot centers on lane transitions or shift.s.
b. SUPPLEMENTING RAMP GORE LINES:
20 foot centers, two each, placed side by side.
c. OTHER LINES:
As shown on the plans or directed by the Engineer.
2. On other highways under construction RPMs shall be used and/or maintained on intermediate
pavement surfaces as follows:
a SUPPLEMENTING LANE LINES AND SOLID LINES:
40 foot centers except on lane shifts. (When required in the Plans or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
b. SUPPLEMENTING DOUBLE SOLID LINES:
40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans
or Contract.)
20 foot centers on lane shift.s. (Required in all cases.)
RPMs are ll2.t allowed on right edge lines.
E. EXCEPTIONS FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattern
of markings are permitted as noted below, however, full pattern pavement markings are required for
the completed project.
1. TWO-LANE, TWO-WAY ROADWAYS
a SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes
shall be at least four feet long with a maximum gap of 36 feet. On curves greater than six
degrees, a two-foot stripe with a maximum 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 exceed 14 calendar days. Interim skip lines must be replaced
with markings in full compliance with Section 652 prior to expiration of the 14 calendar day
period.
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STATE OF GEORGIA
Interim raised pavement markers may be substituted for the interim skip (broken) stnpes.
Ifraised pavement markers are substituted for the four foot interim skip stripe, four markers
spaced at equal intervals over a four feet distance will be required. No separate payment will
be made if the interim raised pavement markers are substituted for interim skip lines.
Interim raised pavement markers shall be retro-reflective, shall be the same color as the
pavement markers for which they are substituted, and shall be visible during daytime.
The type of interim marker and method of attachment to the pavement must be approved by
the Office of Materials and Research but in no case will the markers be attached by the use
of nails.
The interim raised pavement markers must be maintained until the full pattern pavement
markings are applied. At the time full pattern pavement markings are applied the interim
raised markers shall be removed in a manner that will not interfere with application of the
full pattern pavement markings.
b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three
calendar days where skip centerlines are in place, no-passing zones may be identified by
using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the
beginning and at intervals not to exceed 1/2 mile within each no-passing zone. A post or
portable mounted PASS WITH CARE regulatory sign (R4-1 24" x 30") shall be placed at the
end of each no-passing zone. Post mounted signs shall be placed in accordance with the
MUTCD. Portable signs must have a minimum vertical height of three feet above the
pavement surface to the bottom of the sign and be secured in such a manner as to not be
easily blown over or misaligned.
c. EDGELINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that
are in use for a period of less than 60 calendar days except at bridge approaches, on lane
transitions, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 30 calendar days of the time that the final surface
was placed.
(2) All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that
are in use for a period of less than 30 calendar days except at bridge approaches, on lane
transitions, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 14 calendar days of the time that the surface was
placed.
d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols,
words and other similar markings shall be placed on final surfaces conforming to Section 652
within 14 calendar days of completion of the final surface. On intermediate surfaces these
markings will generally not be required unless specified by the Engineer because of special
conditions or when the intermediate surface will be in use for more than 45 calendar days.
2. MULTI-LANE HIGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOUR FEET OR LESS
a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE)
(1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers
shall be restored before nightfall.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.1.a. may be
used for periods not to exceed three calendar days.
(3) Edgelines - Edgelines shall be placed on intermediate and final surfaces within three
calendar days of obliteration.
b. DIVIDED HIGHWAYS (GRASS OR RAISED MEDIAN)
(1) Lanelines - Full pattern skip stripe shall be restored before nightfall.
(2) CenterlinelEdgeline - Solid lines shall be placed on intermediate and final surfaces within
three calendar days of obliteration.
c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.1.d.
3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER
THAN FOUR FEET
a. Same as Subsection 150.04.E.2. except as noted in (b) below.
b. EDGELlNES-
(1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and final
surfaces prior to opening to traffic.
(2) Portland Cement Concrete Pavement - Edgelines shall be placed on any surface open to
traffic no later than one calendar day after work is completed on a section of roadway. All
water and residue shall be removed prior to daily striping.
F. APPLICATION OF PAVEMENT MARKINGS: The Contractor shall furnish layout, clean as
necessary, and preline the surface for the placement of pavement markings applied under this
Section. All existing marking tape on final surfaces shall be removed prior to placement of final
markings.
Pavement markings shall re-establish No-Passing Zones in the locations and configuration that
existed prior to construction. Existing No-Passing Zones shall be dearly identified as to location prior
to construction by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new
location projects and on projects where either horizontal or vertical alignments have been modified,
the location of No-Passing Zones will be identified by the Engineer.
G. MOBILE OPERATIONS: When pavement markings (centerlines, lane lines, and edge lines) are
applied in a continuous operation by moving vehicles and equipment, the following minimum
equipment and warning devices shall be required in addition to the requirements of the MUTeD:
1. A lead vehicle is required for two-way traffic conditions and shall have an approved sequential
or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead vehicle is not
required for low volume off-system routes and one-way traffic applications.
2. The work vehicle applying markings shall have a sequential or flashing arrow panel mounted on
the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel
shall be mounted so as to be easily visible to oncoming traffic. The work vehicle shall follow
directly behind the lead vehicle.
3. The work vehicle placing cones shall follow directly behind the work vehicle applying the
markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the
rear.
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STATE OF GEORGIA
4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the protection
vehicle shall also display a prominent sign with the legend PASS ON LEFT (RIGHT). On
interstate and limited access roadways, the protection vehicle shall be equipped with a truck
mounted attenuator ('I'MA) that is certified for impacts not less than 45 mph in accordance with
NCHRP 230.
5. All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right-
side rear mounted flashing yellow lights.
150.05 CHANNELIZATION
A. GENERAL: Channelization should clearly delineate the travel way through the work zone and alert
drivers and pedestrians to conditions created by work activities in or near the travelway.
Channelization shall be done in accordance with the plans and specifications, the MUTeD, and the
follOwing requirements.
1. Types of Devices Permitted for Channelization in Construction Work Zones:
a DRUMS:
(1) DESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be
reflectorized as required in Subsection 150.01.C.
(2) APPLICATION: Drums shall be used as the required channelizing device to delineate the
full length of a lane closure, shift, or encroachment, except as modified by this Subsection.
(a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be used on all
transition tapers. The minimum length of the approach transition taper for a lane closure,
shift, or encroachment for highways with posted speed of 45 mph or greater shall be equal
to the lane width oflateral shift (Ft.) x the posted speed limit (Mph), (L = WS), but not
less than 150 feet. For multiple lane closures, only one lane may be closed per taper with
a minimum tangent length of 2L between tapers. The length of a closed lane, excluding
the transition taper, will be limited to two mile, unless otherwise approved or directed by
the Engineer. Drums shall be placed the full length of the taper spaced at maximum
intervals in feet equal to the numerical speed limit (EXAMPLE: 55 Mph Speed Limit =
55 feet maximum spacing).
For taper lengths on urban, residential or other streets where the posted speed is 40 mph
or less, the minimum length of the approach transition taper may be computed using the
formula L = WS~ /60. Greater taper length shall be used when required for individual
situations.
Drums with steady burning lights, for the length of the taper only, are required if the
condition exists into the night.
(b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for
various roadside work conditions except as modified by Subsection 150.06. Spacing shall
be used for situations meeting any of the conditions listed as follows:
(1) 50 FOOT SPACING MAXIMUM:
(a) For difference in elevation exceeding two inches.
(b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail
150-E..
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) 100 FOOT SPACING MAXIMUM:
(a) For difference in elevation of two inches or less.
(b) Flush areas where equipment or workers are within ten feet of the travel lane.
(3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than
ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane.
(a) For paved areas eight feet or greater in width that are paved flush with a
standard width travel lane.
(b) For disturbed shoulder areas not completed to typical section that are flush
to the travel lane and considered a usable shoulder.
When the appropriate signs are posted advising of conditions such as soft or low
shoulder, drums may be removed after shoulders are completed to typical section
and grassed and after guardrail or other safety devices have been installed.
b. VERTICAL PANELS:
(1) DESIGN: All vertical panels shall have a minimum of 270 square inches of retro-reflective
area facing the traffic and shall meet the requirements of the MUTCD.
(2) APPLICATION: Lane encroachment by the drum on the travel way should permit a
remaining lane width of ten feet. When encroachment reduces the travel way to less than ten
feet, vertical panels shall be used to restore the travel way to ten feet or greater. No other
application of vertical panels will be permitted.
c. CONES:
(1) DESIGN: All cones shall be a minimum of 28 inches in height regardless of application and
shall meet the requirement of the MUTCD.
(2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight
closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime
work will not be permitted.
d. BARRICADES:
(1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III
barricades shall meet the minimum requirements of the MUTCD and shall be reflect.orized
as required in Subsection 150.01.C.
(2) APPLICATION: Type III barricades shall be placed as required by the plans, the
Standards, and as directed by the Engineer.
e. WARNING LIGHTS:
(1) DESIGN: All warning lights shall meet the requirements of the MUTeD.
(2) APPLICATION:
(a) Type A low-intensity flashing lights shall be used as shown in the Plans, the
Standards, and as directed by the Engineer. Flashing lights are not required for advance
warning signs in Subsection 150.0S.H.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(b) Type C Steady-Bum lights shall be used on all tapers when the condition existl into
the night. Steady-bum lights shall also be used as shown in the Plans, the Standards, and
as directed by the Engineer.
f. PORTABLE BARRIERS:
(1) DESIGN: Portable Barriers shall meet the requirements of Section 622 - PRECAST
CONCRETE BARRIER.
(2) APPLICATION: Portable Barriers shall be placed as required by the plans. standards, and
as directed by the Engineer. When Portable Barrier is located 20 feet or less from a travel
lane, yellow reflectors shall be fixed to the top of the barrier at intervals not greater than 50
feet and shall be mounted approximately two inches above the barrier. The reflectors shall
be either 10" x 10" square Type V (or equal) reflective sheeting mounted on flat-sheet panels,
or 8" diameter center-mounted sealed prismatic reflex reflectors housed in an aluminum
backing with a single grommeted hole.
Approach end of Portable Barrier shall be flared or protected by an impact attenuator (crash
cushion) or other approved treatment in accordance with Georgia Standard 4960,
Construction Details and Standard Specifications.
On interstate or other controlled access highways where lane shifts or crossovers cause
opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as
a separator.
B. TEMPORARY SAND LOADED ATTENUATOR MODULES
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance, relocation, reuse
as required, and removal of Temporary Sand Loaded Attenuator Modules for traffic impact
attenuators.
2. MATERIALS: Materials used in the Attenuator shall meet the requirements of Subsection 648.02
for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules -
Stabilizer Drums with Wine Glass shaped Inner Containers.
3. CONSTRUCTION: Temporary Sand Loaded Attenuator Module installation shall conform to the
requirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard
4960 and shall be installed at locations designated by the Engineer.
C. PORTABLE IMPACT ATTENUATORS:
1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation,
maintenance, relocation, reuse as required, and removal of Portable Impact Attenuators.
2. MATERIALS: Materials used in the Attenuator shall meet the requirements of Section 650 for
Type A Portable Impact Attenuators.
3. CONSTRUCTION: Portable Impact Attenuator installation shall conform to the requirements of
Subsection 650.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be
installed at locations designated by the Engineer, and/or shown on the plans.
D. TEMPORARY GUARDRAIL ANCHORAGE - Type 11:
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance and removal of
Temporary Guardrail Anchorage - Type 11 used for Portable Barrier or temporary guardrail end
treatment.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
2. MATERIALS: Materials used in the Temporary Guardrail Anchorage - Type 11 shall meet the
requirements of Subsection 641.02 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 Guardrail Anchorage - Type 11 shall conform
to the requirements of the Plans, current Georgia Standards and Subsection 641.03 of the
Standard Specifications. Installation shall also include sufficient additional guardrail and
appurtenances to effect the transition and connection to Temporary Concrete Barrier as required
by the details in Georgia Standard 4960.
150.06 EXCAVATION ADJACENT TO A TRAVEL LANE: Construction work involving trenching adjacent
to a travel way shall not begin until the Contractor is able to continuously place the required typical
section to within two inches of the existing pavement elevation, or heal the remaining difference in
elevation to the traveled way as shown in Detail ISO-E.
Channelization devices and placement during the construction period shall conform to the requirements
of Subsection 150.05 and Details l50-B, l50-C, l50-D, and l50-E shown herein.
In addition to the signs specified in Section 150 and the MUTeD, a W-20 sign with the legend "CLEFT)
(RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream
ofthe point where channelization devices are erected on the paving edge.
A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-offs in elevation of more than
two inches between surfaces carrying, or adjacent to, traffic will not be allowed for more than 24
hours. However, 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
carrying or adjacent to traffic will not be allowed for more than 48 hours.
C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work
adjacent to the traveled way which involves these types of bases shall be healed within 48 hours after
the curing period is complete for each section placed. During the placement period, traffic control
devices will be in accordance with Subsection 150.05 and Detail ISO-B.
D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRA VELWAY: Work such as
drainage structures, utility facilities, or any other work which results in a drop-off adjacent to the
travel way shall be performed expeditiously so as to minimize the exposure to the hazard. As soon as
practical, the excavation shall be backfilled to the minimum requirements of Detail ISO-E. In no case
will the drop-offbe allowed to exist more than five calendar days. This may require stage construction,
such as plating and backfilling the incomplete work..
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
NOTE. Drums reQUired for thla
locotlon,spoced ot 50 F'T. tntervola.
If the traveled woy wIdth
Is reduced to leas thOn
10 feet by the use of drums.
verttcol ~nela shall be used
In lieu of drums.
Locotton of drums when
drop-off exceeds ~ tnches.
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I(
t NEW CONS TRUCTlON +
TRAVEL LANE
'V--+
DROP-OFF GREATER THAN 4 INCHES
DETAIL 150-8
Drums spaced at
50 feet tntervols.
Location of drums when
drop-off Is 2+ tnches to
~ Inches.
_l_~~------~a
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NEW CONSTRUCTION
~(
TRAVEL LANE
'V--+
DROP-OFF OF 2 + INCHES TO 4 INCHES
DET AIL ISO-C
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Dr-ums spaced at
100 feet Int.r-yo/a.
Location of dr-ums when
dr-op-off la Z Inches or less.
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NEW CONSTRUCTION
+
TRAVEL LANE
~
DROP-OFF OF 2 INCHES OR LESS
DETAIL 150-0
Location of dr-ums Immediately
after- completIon of healed sectIon.
spoced at 50 ft.lnter-yols.
Compacted or-oded
ooor-.oate.subbose
mOTe",'ol 0,.. dl,..'t.
TOP OF DRUM TO BE LEVEL
2 ft. +/-
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NO STEEPER THAN 4:1
.....c
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NEW CONSTRUCTION
+
TRAVEL LANE
1r-+
HEALED SECTION
DET AIL 150-E
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.07 FLAGGING AND PILOT CARS:
A F1aggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions,
and as required by the Engineer. .
B. All flaggers shall meet the requirements of the MUTCD and must have received training and a
certificate upon completion of the training from a Department approved training program. Failure
to provide certified flaggers as required above shall be reason for the Engineer suspending work
involving the flagger(s) Wltil the Contractor provides the certified flagger(s). .
C. F1aggers shall wear high-visibility clothing in compliance with the MUTeD and shall use a Stop/Slow
paddle meeting the requirements of the MUTCD for controlling traffic. The Stop/Slow paddles shall
have a shaft length of seven (7) feet minimum. In addition to the Stop/Slow paddle, a flagger may use
a 24 inches square red/orange flag as an additional device to attract attention. For night work, the
vest shall have reflectorized stripes on front and back.
D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meet the requirements
of the MUTCD.
E. Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with
the MUTeD. In addition to the signs required by the MUTeD, 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 Wlder the most severe conditions for that day's work.
150.08 ENFORCEMENT: The safe passage of pedestrians and traffic through and around the temporary
traffic control zone, while minimizing confusion and disruption to traffic flow, shall have priority over all
other Contractor activities. Continued failure of the Contractor to comply with the requirements of Section
150 (TRAFFIC CONTROL) will result in non-refundable deductions of monies from the Contract as shown
in this Subsection for non-performance of Work.
Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending
all other work on the Project, except erosion control and traffic control, taking corrective action as
specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work
on the Project nntil 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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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF
TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE
ORIGINAL TOTAL CONTRACT AMOUNT
From More Than To and Including Daily Charge
$0 $100,000 $100
100,000 1,000,000 250
1,000,000 5,000,000 500
5,000,000 20,000,000 750
20,000,000 40,000,000 1,000
40,000,000 - 1,500
150.09 MEASUREMENT:
A. TRAFFIC CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump
Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows:
When the first Construction Report is submitted, a payment of25 (twenty-five) percent of the
Lump Sum price will be made. For each progress payment thereafter, the total of the Project
percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid Gess
previous payments), not to exceed one hundred (100) percent and subject to normal retainage.
When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the
requirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of
complying with these requirements will not be 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 guide signs will be paid for as
listed below. All other regulatory, warning, and guide signs, as required by the Contract, will be paid
for under Traffic Control Lump Sum or included in the overall bid submitted.
1. Interim ground mounted or interim overhead special guide signs will be measured for payment
by the square foot. This payment shall be full compensation for furnishing the signs, including
supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting,
and final removal from the Project. Payment will be made only one time regardless of the number
of moves required.
2. Remove and reset existing special guide signs, ground mount or overhead, complete, in place, will
be measured for payment per each. Payment will be made only one time regardl ess of the number
of moves required.
3. Modify special guide signs, ground mount or overhead, will be measured for payment by the
square foot. The area measured shall include only that portion of the sign modified. Payment shall
include materials, removal from posts or supports when necessary, and remounting as required.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622.
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will 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 guardrail and appurtenances necessary for transition
and connection to Temporary Concrete Barrier. Payment shall include all necessary materials,
equipment, labor, site preparation, maintenance and removal.
F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation - Temporary will be
measured as specified in Section 647.
G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in
Section 647.
H. TEMPORARY, SAND LOADED ATl'ENUATOR MODULES: Each Sand Loaded Attenuator Module
of the type specified includes all material components, hardware, incidentals, labor, site preparation
and maintenance. Each module will be measured for payment by the drum only once regardless of the
number oflocations installed. Modules to replace those damaged or destroyed by traffic impact will
also be measured by the unit for payment. Upon completion of the project, the modules shall be
removed and retained by the Contractor.
1. PORTABLE IMPACT ATI'ENUATORS: Each Portable Impact Attenuator will be measured by the
unit which shall include all material components, hardware, incidentals, labor, site preparation, and
maintenance, including spare parts recommended by the manufacture for repairing minor accident
damage. Each unit will be measured only once regardless of the number oflocations installed, moves
required, or number of repairs necessary because of traffic damage. Upon completion of the project,
the units shall be removed and retained by the Contractor.
J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150.
150.10 PAYMENT:
When shown in the Schedule ofItems in the Proposal, the following items will be paid for separately.
Item No. 150. Traffic Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sum
Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Color) .............. per Linear Mile
Item No. 150. Traffic Control, Solid Traffic Stripe,
Thermoplastic Inch, (Color) ..................... . . . . . . per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe,
Thermoplastic Inch, (Color) ......... . . . . . . . . . . . . . . . . . . per Linear Mile
Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors. . . . . . . . . . . . . . . .. per Each
Item No. 150. Traffic Control, Raised Pavement Markers - All Types. . . . . . . . . . . . . . . . . .. per Each
Item No. 150. Interim Ground Mounted Special Guide Signs. . . . . . . . . ... .. . . . . .. per Square Foot
Item No. 150. Interim Overhead Special Guide Signs. . . . . . . . . . . . . . . . . . . . . . . . .. per Square Foot
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I Item No. 150.
Item No. 150.
I Item No. 150.
I Item No. 150.
Item No. 150.
I Item No. 150.
Item No. 150.
I Item No. 622.
I Item No. 632.
Item No. 641
I Item No. 647.
Item No. 647.
I Item No. 647.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Remove & Reset Existing Special Guide Signs,
Ground Mount, Complete in Place. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. per Each
Remove & Reset, Existing Special Guide Signs,
. Overhead,Complete in Place ..................................... Per Each
Traffic Control, Temporary Sand Loaded Attenuator Modules ............ per Each
Traffic Control, Portable Impact Attenuator . . . . . . . . . . . . . . . . . . . . . . . . . . .. Per Each
Traffic Control, Pavement Markers, Words and Symbols . . . . . . . . . .. per Square Foot
Traffic Control, Pavement Arrow (Painted) With Raised Reflectors ........ per Each
Modify Special Guide Sign, Ground Mount. . . . . . . . . . . . . . . . . . . . . " per Square Foot
Modify Special Guide Sign, Overhead ........................... per Square Foot
Precast Concrete Median Barrier. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . per Linear Foot
Changeable Message Sign, Portable .................................. per Each
Temporary Guardrail Anchorage, Type 11 ............................. per Each
Traffic Signal Installation, Temp ................................... ~ Lump Sum
Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . . . . . .. per Each
Flashing Beacon Assembly, Cable Supported. . : . . . . . . . . . . . . . . . . . . . . . . .. per Each
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