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Home My WebLink AboutInternational Boulevard --.....-.---.-'--- Augusta Richmond GA r DOCUMENT NAME: \n1erf)O\\a~lo.J 'bJJ..\e\Jo-fo1 DOCUMENT TYPE: CDntrac+ . YEAR: C19 BOX NUMBER: D'6 FILE NUMBER: \ "--'\ ~ 10 NUMBER OFPAGES: CiL\ - I I I I I I I I I II I I I I I I I I .1 ; H3~ CONTRACT DOCUMENTS FOR ~ INTERNATIONAL BOULEVARD PROJECT NO.321-04-299821662 Public Works and Engineering Department Jack F. Murphy, Director Pre-Construction Section Teresa C. Smith Pre-Construction Engineer 1815 Marvin Griffin Road Augusta, Georgia 30906 (706) 796-5040 Fax (706)796-5045 Clifford A. Goins, Assistant Director Engineering Division MEMORANDUM TO: Mr. Charles R. Oliver, Administrator FROM: >~rs. Teresa C. Smith, Pre-Construction Engineer DATE: August 3, 1999 SUBJECT: INTERNATIONAL BOULEY ARD EXTENSION. PROJECT NUMBER: 321-04-299821662 FILE NUMBER: 87-056 Enclosed herewith are the three (3) original contract documents on the above referenced project, which requires execution. Also enclosed for information is the approval letter for this project. After execution on behalf of Augusta, please return to this office for distribution. PFP/jdj Enclosures cc: Mr. Jack Murphy, Director of Public Works Mr. Robert Clements; Assistant Pre-Construction Engineer AWeuSTA-RlCH A.OMtNI8 MONO COUNTY l'RA TOR'S OFPloe 4r ~, -.1:.... """M..;t U,N MotUUy . .De.u Al J' ;,u, cJ.i 4It1S . OFFICE OF THE ADMINISTRATOR .~ C.. RI....a R. OLIVER, PE CPA AOMfNIST""''I'O'' AI.TI!R $. HORI'l.sST, III I"UTY AO,,",'NllIT'IATOR . ROOM 80' - MUNICIPAl. BIJII.DINCI ~30 GRKENIl STREliT - AUGUST...., GA. 3091 I (70ai 82 '-~400 - "Ax (708) S21-Z81 9 July io, , 999 Mr_ Clifford A. Goins, Ass; nt Director Public Works & Engineerin Department/Engineering Division Room 701, Municipal Buil n9 530 Greene Street Augusta, Georgia 30911 Dear Drew: .. The Augusta Com ission, at their regular meeting held Tuesday, July 20, 1999, took action on the following items: ' .. 1. Awarded bid to t e low bidder, Mabus Brothers ConstruCtion Comps.ny, Incorporated in the mount of $355,475 subject to the receipt of signed contra.cts and proper bonds 0 the International Boulevard. Also approved Capita' Project Budget Amendment Number One (CPB# 321-04-299821662) in'the amoount- of $68,000 funded by ugusta Utilities. 2. Approved Capital P eject Budget (Cpa. 323-04~299823647) in the amount:: of $50,000 on Papperi ga Pointe Retention Pond Repair Project funded by SpeCial One Percent Sales ax. Phase /II. Also awarded bid to the low bidder. Mabus Brothers Constructi n Company, Incorporated In the amount! not to exceed $41 ,000 subject to t receipt of signed contracts and proper bonds. ions, please contact me. Yours truly. ~~~ Charfes R. Oliver, PE CPA Administrator 07-20-99: Addendum #1 & ~ .~ - ~ ,^- l " AlA Document A312 115103170495 --Payment Conforms with the American Institute of Architects, AlA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Bond CONTRACTOR (Name and Address): Mabus Brothers Construction Co, Inc 920 Molly Pond Rd, Augusta, GA 30901 OWNER (Name and Address): The Augusta-Richmond County Commission 530 Greene St, Augusta, GA 30911 CONSTRUCTION CONTRACT Date: Amount: $355,475.00 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Description (Name and Location): International Boulevard, Augusta, GA BOND Date( Not earlier than Construction Contract Date): Amount: $355,475.00 Modifications to this Bond: CONTRACTOR AS PRINCIPAL Company: Mabus Brott]er?\ Co :~~~;~~;~ Signa~~lif~' ,,,:' ,'~p. . _ ,,' ~ J.--.~...~ - . ~ ~ Name:3i!-d:Tit,le:","" 4-~ '/:- _ oOl..~13 y (AnY~d~ti.~n~\,slgi!.a..P,!Jes ~i.Ipfar on page 2.) (FOR fNFORMATIGN ONLY.. Name, Address and Telephofle).....ACJEt'h:or BROKER: Palmer & Cay of Georgia, Inc ~, .;, --. - -"; - .. "- P. O. Box'52421,.Jl.tlanta, GA 30355 404 504 8150'......--..". 1 The Contractor and the Surety, jointly aild severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein ,by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: . 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and (Corporate Seal) Y'/J II.P, 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment fumished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. SURETY 5026 (6.92) S.1853/GEEF 2/98 Page 1 of 2 ~ None o See Page 2 SURETY Company: Travelers Casualty (Corporat~ Seal) and Surety Company of America :;:. : -;. '.' -<:::,' '. - -. ~ ~ Signahue # ftY tf-u-~ Name and Title: W. G. Van Buskirk, ~\ftc,niey.in.FaGt~.'./ "'r... <'l r-.. ....... ~.."'" 'r..I'r._. "'~,.~- ,,""",~ OWNER'S REPRESENT A TIVE (Architect, Engineer or other party): 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4 The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at tlle address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and 1 IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS have caused this instrument to be signed by their Senior Vice President, and their corporate seals to be hereto affixed this lOth day of February. 1999. STATE OF CONNECTIClIT } SS. Hartford COUNTY OF HARTFORD TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY TRAVELERS CASUALTY AND SURETY COMPANY OFlLLINOIS By ~o~. .- George W. Thompson Senior Vice President On this lOth day of February, 1999 before me personally came GEORGE W. THOMPSON to me known, who, being by me duIy sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY Mi'D SURETY COMPANY, FARMINGTON CASUALTY COMPANY and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. CERTIFICA1E '<<\. ~ ~~ My commission expires June 30, 2001 Notary Public Marie C. Tetreault T, the undersigned, Assistant Secreta'")' of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, 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 furthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this ,19 . - . ~. :::: -.. - \;~:~::L:-- ....~_...' 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'u01ll~!lqo s~U!l!lM .I::lIpo pUB s~lI!"M.l~pun pUB spuoq ~U!lSd~ll pUll ~U!lnJdXd]O hYUO sdsodmd JO] Plld-II!-ShdUJO~Y JO Sd!Jl!l~JJdS 1U'BlS!SSY 1U~P!SdlI 'SlUdp!S~.!d dJ!A 1UdP!SdlI ~U!llI'!oddll OldJdIp ~U!lllpl ;1ltlJ!J!lJdJ hUll 01 JO hdUJO~ll JO JdMod hUB 01 dTIW!SJll] hq P:lXillll dq AllW hUBdwoJ dtp]O flldS dIp pUB 'A.mldJJdS 1U'BlS!SSY hUll ''u1l'ldJJdS hUB 'lUdP!Sd.!d dJ!A 1U'BlS!ssy hUB 'lUdP!Sd.!d dJ!A AUB 'lUdP!Sd.!d dJ!A JO!UdS hUB 'lUdP!Sd.!d dJ!A dA!lnJdxg: hUB 'lUdP!Sd.!d :SJdJillO ~U!MonO] dIp]O llJEd ]0 d.I\1l11IDl!s dIp Will :G3'.lOA (L6-g) .~ ( .2 "Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph ] 2) and sent a copy, or notice thereof: to the Owner stating tllat a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by paragraph 4 is given by Owner to the Contractor or to the Surety, that is sutlicient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days atter receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Payor arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Constnlction Contract shall be used for the perfonnance of the Construction Contract and to satisfy claims, if any, under any Construction Perfonnance Bond, By the Contractor furnishing and the Owner accepting this Bond, they agree that all fimds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of tile Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work, 9 The Surety shall not be liable to tile Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. TIle Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: the work or part of the work is located or after the expiration of one year from the date (I) on which the Claimant gave tile notice required by Subparagraph 4. I or Clause 4,2,3, or (2) on which the last labor or service was perfonned by anyone or tile last materials or equipment were furnished by anyone under the Construction Contract, whichever of (I) or (2) first occurs, If the provisions of this Paragraph are void or prohibited by law, the minimUlll period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page, Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be suflicient compliance as of the date received at the address ShO"~l on the signature page. 13 When this Bond has been fumished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conl1icting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confonning to such statutory or other legal requirement shall be deemed incorporated herein, The intent is that this Bond shall be construed as a statutory bond and not as a COlmnon law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly fumish a copy of this Bond or shall pennit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to timush labor, materials or equipment for use in the perfonnance of the Contract. TIle intent of this Bond shall be to include without limitation in terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for perfomlance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were fumished, 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perfonn and complete or comply with the other tenns thereof (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: S-1853IGEEF 2198 (Corporate Seal) Signature: Name and Title: Address: Page 2 of 2 ~ ,. AlA Document A 312 Performance Bond 115103170495 Conforms with the American Institute of Architects, AlA Document A312. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Mabus Brothers Construction Co, Inc 920 Molly Pond RD, Augusta, GA 30901 OWNER (Name and Address): The Augusta-Richmond County Commission 530 Greene St, Augusta, GA 30911 CONSTRUCTION CONTRACT Date: Amount: $355,475.00 SURETY (Name and Principal Place of Business): Travelers Casualty and Surety Company of America One Tower Square, Hartford, CT 06183 Description (Name and Location): International Boulevard, Augusta, GA BOND Date (Not earlier than Construction Contract Date): Amount: $355,475.00 Modifications to this Bond: CONTRACTOR AS PRlNCIP AL Company:, (Corporate Seal) Mabus Brothe'rs'.Gonstr ction Co, Inc ~~.~~~~:' .' ~-. ">;;\ Signature~ ..~.;,:' .' . Namea~d: -itle:_.~R..eV ~ol-S BY U, P. (Any acf9~n~ital'.]ig~1?tiiJ:ef, apty""aron page 2.) - /. . .,'. - (FOR lNt0RMf.. T-IOl'I:.ONl-Y .-~Name, Address and TelephoneH\q-F;~.:r'or'>>R.oJ9SR: Palmer & Cay of Georgia, Inc P. O. Box 52427,'Alfa'nta(GA 30355 404 504 8150 ""'h'_""- 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3,1 The Owner has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to SURETY 5026 (6.92) S-1852/GEEF10/98 Page 1 of 2 ~ None o See Page 2 SURETY Company: Travelers Casualty , (Corporate Seal) and Surety Company of America .' . ,I / ~ ~ / /J l :-~/4~\:,L._- ':. . Signature: h/LSLV /--4A- ~~~- ~ Name and Title: W. G. Van Buskirk, A~of:,ft~y in t=act :... ~ ~-:'~~ .. ....... 1'-'.",: . /- (Archite6~, E,niaileer:.o;4the-;' .',. J"... ... ........ rrr,l"rr~~"'" OWNER'S REPRESENTATIVE party): perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and ' 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety jn accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner, 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: ; T 4.1 AlTange for the Contractor, with consent of the O\\~ler, to perform and complete the Construction Contract; or 4.2 Undertake to perfonn and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for perfollnance and completion of the Construction Contract, alTange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with perfonnance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the O\\~ler the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perfonn and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: ,1 Aller investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is detennined, tender payment Ulerefor to the Owner; or .2 Deny liability in whole or in part and notifY the Owner citing reasons therefor, 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice frOlll the Owner to the Surety demanding that the Surety perfonn its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Subparagraph 4 A, and the O\\~ler refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the OV.'l1er. 6 A11er the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the OW11er shall not be greater than UlOse of the Contractor under Ule Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to conunitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication tor: 6.1 The responsibilities of Ule Contractor for correction of defective work and completion of the Construction Contract; 6,2 Additional legal, design professional and delay costs resulting from the Contractor's Defimlt, and resulting from Ule actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed perlonnance or non-pertonnance of the Contractor. MODIFICATIONS TO THlS BOND ARE AS FOLLOWS: 7 The Surety shall not be liable to the O\\~ler or others tor obligations of the Contractor that arc unrelated to the Construction Contract and the Balance of the Contract Price shall not be reduced or set ofT on a~count of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the O\\~ler or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations, 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years a11er the Contractor ceased working or wiUlin two years aller the Surety refuses or fails to perfolln its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. . 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been filmished to comply with a statutory or other legal requirement in the location where the construction was to be pertonned,. any provision in this Bond conf1icting with said statutory or legal reqUIrement shall be deemed deleted herefrom and provisions con tanning to such statutory or other legal requirement shall be deemed incorporated herein, The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12,1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the O\\~ler in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: T11e agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto, 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perfonn or otherwise to comply . with the tenns ofthe Construction Contract 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perlonn and complete or comply with the other tenns thereof (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: Signature: Name and Title: Address: S-1852/GEEF 10/98 (Corporate Seal) Signature: Name and Title: Address: Page 2 of 2 I I I I I I I I I I I I I I I I I I I LIST OF PROJECT DOCUMENTS INTERNATIONAL BOULEVARD Project Number: 321-04-299821662 SECTION PAGES Instruction to Bidders IB-I thru IB-3 Georgia Prompt Pay Act Minority and Economically Disadvantaged Business Support PPA-I thru PPA-2 ME-I Special Conditions SP-I Agreement A-I thru A-4 General Conditions I thru 33 Supplementary Conditions SC-l thru SC-2 Proposal P-I thru P-3 General Notes G-I thru G-13 Traffic Control TC-I thru TC-23 I I I I I I I I I I I I I I I I I I I SECTION IE INSTRUCTION TO BIDDERS 1B-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 EXAMlNA TION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRET A TrONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any bidder orally. Every request for such interpretation should be in writing addressed to the Director of Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. ill-I I I I I I I I I I I I I I I I I I I I IB-04 PREP ARA nON OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the works "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A IO% Bid Bonds is required in illLcases. IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated, quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, unit bid prices shall govern. IB-2 I I I I I I I I I I I I I I I I I I I IB-06 BIDDER'S OUALlFICA TIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the owner for the use of the owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof, a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB-3 I I I I I I I I I I I I I I I I I I I GEORGIA PROMPT PA~ ACT This Agreement is intended by the Parties to, and does, supersede any and all provisions of the Georgia Prompt Pay Act, a.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 Agreemen t, or the breach thereo f, 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 cla~ to same. NOTICE All references in this document, which includes all papers, writings, drawings, plans or photographs to be used in connection with this document, to "Richmond County Board of Commissioners" shall be deemed to mean "Augusta-Richmond County Commission-Council and all references to "Chairman" shall be deemed to mean "Mayor". DISPOSALS Prior to any material from this project being wasted or otherwise disposed of outside the project limits the Contractor shall furnish the Engineer a copy of written permission, signed by the property owner (or his authorized agent) describing the estimated amount and type of material to be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other such materials are to be wasted on the property, a PPA-l I I 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. I In all cases, regardless of the material being wasted, a grading permit issued by Augusta-Richmond County must be furnished to the Engineer. I I I I I I I I I I I I I I I PPA-2 I I I I I I I I I I I I I I I I I I I I MINORITY AND ECONOMICALLY DISADV ANT AGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County-Council to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to illLqualified 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-I I I I I I I I I I I I I I I I I I I I INTERNA TIONAL BOULEVARD PROJECT NUMBER: 321-04-299821622 SPECIAL CONDITIONS SCOPE: This project includes clearing, grading, drainage, base, and paving of approximately one third mile on new location plus decel and accellanes on Tobacco Rd. across from Bush Field, (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: Begins at Tobacco Rd. and extends southward to sta. 13+00. LUMP SUM CONSTRUCTION: Item Number 230-1000 A Lump Sum Construction includes, but is not limited to the following: Locating, maintaining and reclaiming disposal area, 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 specific pay item. CONTRACT DOCUMENTS: In the event that plan quantities or plan notes differ from those shown in the contract proposal, the contract proposal shall govern. CONSTRUCTION LIMITS: There will be no work beyond sta. I3+00. That portion identified as Section B" is not in this contract. SP-l I I I I I I I I I I I I I I I I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the ~ day of .::h:tUj , I9 !gby and between Augusta-Richmond County Commission-Council party of the first part, hereinafter called the OWNER, and party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter 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: International Boulevard Project Number: 321-04-29982l662 and in accordance with the requirements and provisions of the Contract Documents as defined in the General and Special Conditions hereto attached, which are hereby made a part of this agreement. ARTICLE II - TIME OF COMPLETION - LIOurDATED DAMAGES The work to be performed under this Contract shall be commenced immediately after the notice by the Owner to the Contractor to proceed. All major items of work shall be completed no later than I 0-15-99 with such extensions of time as are provided for in the General Conditions It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. A-I I I I I I I I I I I I I I I I I I I I construction conditions prevailing in this locality. IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of a work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE 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) Prolffess Payment No later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer, an estimate covering the percentage of the total amount of the contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run, following approval of the invoice for payment, the owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The IO% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. A-2 I I I I I I I I I I I I I I I I I I I Revised (7/1/99 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 IO 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 I5 days after the date of said final certificate. (b) Before final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. ( c) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the contractor except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the contract, make payment of the balance due for that portion of the work fully completed and accepted. (e) Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques, sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Document, without an Amendment to the Contract.. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A-3 I '1 I I I I I I I I I I I I I I I I I SEAL AUGUST A-RICHMOND COUNTY COMMISSION-COUNCIL (Owner) By: Title: Ma ~ c;W R: $;(3C1f &tJ/IIE,eS &;;~~c:.~$;~>" 3" . ,,;~~~~\t~ \;i;~~:~:=~'1;~~/ RoAD'".....:- ,- >" - ~-"-.,... ~...",,~" By: Title: ?!fJEStOEAJ -r Address: 920 /7loC-L c( Pnuo /luc;uYJ'f"#, C;;;~ 3t17a/ " A-4 I I I I I I I I I I I I I I I I I I I GENERAL CONDITIONS I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Arric/e Number Tide DEFINITIONS.. . .................... ..................... ......... ~ PRELI\lINARy:vtATTERS ........................................ CONTRACT DOCUMENTS: INTENT. AMENDING AND REuSE............................... ;\ V AIl.-\BlLITY OF l.-\NDS: PHYSICAL CONDITIONS: REFERENCE POINTS.............................................. BONDS AND INSURANCE ........................................ CONTRACTOR'S RESPONSIBILITIES............................ OTHER WORK..................................................... OWNER'S RESPONSIBILITIES.................................... ENGINEER'S ST.-\ TUS DURING CONSTRL'CTION .............. CH.-\NGES IN THE WORK......................................... CHANGE OF CONTRACT PRICE.................................. CHANGE OF CONTRACT TIME................................... WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPT.-\NCE OF DEFECTIVE WORK........................... PA YMENTS TO CONTRACTOR AND COMPLETION ............ SUSPENSION OF WORK AND TERMINATION....... .......... A R Bl T RA TI 0 N ..................................................... MIS eEL l.-\ N EO US. . . . . . . . . .. . .. .. .. . . .. .. . .. .. .. . .. . .. . . . . .. . .. .. . 3 , .. 5 6 7 8 9 10 II 12 13 I.. 15 16 17 3 PaRe 8 9 10 II 14 18 19 19 ~ I 21 2.. 24 ~6 29 31 32 I I INDEX TO GENERAL CONDITIONS I Anicle or Paragraph Number I AC:::::Jranc: of Insurance ............................. 5.13 .-\c:::ess [0 [he Work .................................. 13.2 .-\ddenda-:iennition of (see dennition oi Spec:nCatlonsl ........................................ I .-\.gre::nenr-:ierinition of ................................ I All Risk !nsunnce .....................................5.6 Amendment. Written............................. 1. 3.1.1 Application for Paymenc-.jennirion oi .................. 1 .-\ppiication for Payment. Final ...................... 14.12 Application for Prcgress Payment .................... 14.1 Application for Progress Paymenr-review of .... 14A-14. i Ar.,nr.lCion ............................................. 16 Aurhorized Variation in Worle ......................... 9.5 .-\ niiability of Lands .................................. 4.1 A ward. S otice of-:ienned .............................. I I I I I Before Starting Construc:ion ...................... :.5-2.'7 Bid-:ierinition oi ....................................... 1 Banas and Insuranc:-in gene:":ll ........................ 5 Bonds-.iennition of . . . . . . .. . . . . . .. .. . .. .. .. . .. .. . . .. .... I Bonds. Delivery of .................... ..... .... _. :.1. 5.1 Bonds. Pe:i'ormanc: and Other .................... .5.1-5.: I I Cash Allowances ..................................... 11.8 Cl1ange Order-:iennition oi ............................. I Change Orders-co be executed ....................~. lOA Changes in the Work ................................... 10 Caims. Waiver of-on Final Payment............... 14.16 Clarinc:lCions and Ince:-prerations ...................... 9.4 Cle:l.nIng ..........................".................. 6.1 i Comple:ion . . . . . . " . . . . . . . ... . . . . . . .. .... " . . . '" .. . . . . .. /4 Comeie:ion. SuostanciaJ ......................... 14.8-14.9 Conier::1c:. P;-econstruc:ion .......................... :.3 Connic:. E;ror. Di screoancy-Cuncractor to Re~ort ...................................... 2.5..3..3 Conslr-lc:ion Machinery. Equipmenc. etc. ............. 6.4 Concinuing Wori.: ..................................... 6.:9 Concract Document5-amending and supplementing ................................... 3.4-3.5 Contrac: Documents--derinirion oi ....................... I Coocne: Documencs-lnre:lC ...................... 3.1-3.3 Contr:lC: Docume:lCs-Reuse oi ....................... 3.6 Contnc: ?:-ice. Change of .............................. 11 Conrner Price--.ierini[ion ............................... I Conenc: Time. Change of .............................. I: Contnc: Time. Commencement of .................... :.3 Contrac: Time-Jennition of ............................ ! Conenc:or--<iefinition of ................................ 1 Conrnc:or May Stop Work or Terminate............. 15.5 Contiac:or's Continuing Obligation.................. 14.15 ConCr:lcror's Dury to Reporr Discrepancy in Documents .................................. :.5. 3.: C0ntnCtor's Fc:c:-Cost Plus ... 1 !..U .6. 11.5.1. 11.6-11.:- Contractor's Li:J.bility Insurance ....................... 5..3 Contncror's Responsibilities--in general ................ 6 I I I I I I I I I Co ntl"3C:O r' s Warranty of Title. . ... .. ................. 14.3 Contrac!or;.-.other '" . ..... . .... .. ...................... 7 Contractual Liability Insurance. ....................... 5.4 Coordinaring Concractor-.jennition of ................ 7.4 Coordination .......................................... 7.4 Copies of Documents. . . . ... . . . . . . .. .. ................. Z.: Correction or Removal of Defective Work ........... 13.11 Correc:lOn Period. One Year ........................ 13.11 Correction. Removal or Acceptance of Defective Wori(-in general ........................... 13.1l-J3. 14 Cost-net decrease ................................. 11.6.2 Cost of Work... ........ ......................... 11.4-11.5 COSts. Supplemencal .................. .............. 11.4.5 DaY--<iennition of . . . .. ...... .. .. . . ................ .. .... 1 Dejecrive-.jeiinition of ................................. I Dejec:ive Work. Acceptance of...................... 13.13 Defec:ive Work. Correction or Removal of .......... 13. J I " Dejec:ive Work-in general............... 13.14.7.14.11 Dejecnve Work. Rejecting..... .. .............. ........ 9.6 Dennitions .............................................. 1 Delivery of Bonds ..................................... 2.1 Determination for Unit Prices ........................ 9.10 Disputes. Decisions by Engineer... .............. 9.11-9.12 Documents. Copies of ................................. Z.1 Documencs. Record .................................. 6.19 Documents. Reuse .................................... 3.6 Drawmgs--deiinition of ................................. 1 Easements ............................................ 4.1 Effective date of Agree:nent-.jennition of...... ... ...... I Emergenc:es ......................................... 6.21 cngineer--:ieiinition of ".... ... . . .. .. .. ..... ... . . . . .. . . .. I Eng:lneer" s Decisions ............................ 9. 10-9. I:! Engineers-Notice Work is Acce;:ltable ............. 14.13 Engineers Recommendation oi Payment ...... 14.4. 14.13 Engineer's Responsibilities. Limitations on ................. 6.6,9.11,9.13-9.16,18.2 Engineer s Sratus During ConstrUction-in general ...... 9 Equipment. wbor. Materials and. " .. . . ...... . . '" 6.3-6.6 Equiva.ient Materials and Equipment .................. 6.7 E;~plor:lrjons of physical conditions ................... 4.2 Fee. Contractor's-Costs Plus....... ................. 11.6 Field Order-.jeiinition of ............................... 1 Field Order-issued by Engineer................ 3.5.1.9.5 Final .-\.pplication for Payment....................... 14.11 Finallnspec:ion ..................................... 14.11 Final Payment and Acceptance ...................... 14.13 Final Payme:1C. Recommendation of ........... 14.13-14.14 General Provisions .............................. 17.3-17.4 Gc:ner:lL Requiremenrs.-Jennition of. ................. . .. 1 Gener:ll Requiremenrs-principal references [0 ................. Z.6. 4.4. 6.4. 6.6-6.7. 6.:3 J. I I Giving Notic: ........................................ 17.1 Guarantee or" Work-by Contractor................... 13.1 I Indemnific:l!ion . . . . . .. .. . . . . ............ .... 6.30-6.32. 7.5 Inspection. Final .................................... 14.11 Inspection. T~sts and ................................. 13.3 Insurance. Bonds and-in general ....................... 5 Insuranc:. Certific:l.!es or ........................... 2.7,5 Insuranc:--.::ompieted operations. ......... .... .. ... . " 5.3 Insurance. Contractor's Liability...................... 5.3 [nsuranc:. Contractual Liability....................... 5.4 Insurance. Owner's Liability .......................... 5.5 Insurance. Property.............................. 5.6-5.13 Insurance-Waiver of Rights......................... 5.11 Intent of Contract Documents ................... 3.3.9.14 Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions................... 4.2 I I I 1 Labor. Materials and Equipment .................. 6.3~.5 Laws and Regulations--<ielinition or ..................... 1 L:.ws and Regulations-general....................... 6.14 Liability Insurance-Contractor's ..................... 5.3 Liabiiity Insurance-Owner"s ......................... 5.5 Liens-Jefinitions or ................................ 14.2 Limitations on Engin:er"s Responsloiiities ..................... 6.6.9.11. 9.13-9. 16 I I Materials and equipment-furnished by Contractor .... 6.3 Materials and equipment-not incorporated in Work .............................. 14.2 Materials or equipment---equivalent ................... 6.7 Miscellaneous Provisions ............................... 17 Multi-prime contracts ................................... 7 I I Notice. Giving or ..................................... 17.1 Notic: of Ac::ptability or Project ................... 14.13 Notice or A ward--dennition or .......................... I Notice to Proc::d--d~nnition or . . . . . .. ....... . . . .. . . .... 1 Nocice to Proceed-giving of .......................... 2.3 I I "Or-Equal" Items ..................................... 6.i Other contractors .................................... _ .. i Other work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 7 Overtime Work-prohibition of . .. " .... . '" .. . . . . . . . .. 6.3 Owner--delinition of .................................... 1 Owner .Ytay Correct Defective Work........... ...... 13.14 Owner .Ytay Stop Work............................:. 13.10 Owner May Suspend Work. Terminate.......... 15.1-15A Owner's Duty [0 Execute Change Orders ............. 11.3 Owner's Liability Insurance........................... 5.5 Owner's Representative-Engineer to serve as ........ 9.1 Owner's Responsibilities-in general .................... 3 Owner's Separ:l!e Representative at site............... 9.3 I' I I I Partial Utilization .................................. 14.10 Partial Utilization-Jelinition of ......................... I Partial Urilizatll)n-Property [nsurance ............... 5.15 Patent Fees anJ Royalties .......................... _. 6.12 Payments. Recommendation of ........... 14.4-14.7. 14.13 Payments to Cuntractor-in general .................... 14 I I Payments to Contractor-when due ........... 14A. 14.1] Payments [0 Contractor-withholding ................ 14.7 Pert'ormance and other Bonds ..................... .5.1-.5.2 Permi ts ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . " 6.13 P!1ysical Conditions ................................... 4.2 Physical Conditions-Engineer's review............. 4.2A Physical Conditions-.:xisting structures............. 4.2.2 Physical Conditions-.::(plorations and reportS... .... 4.2.1 Physical Conditions-possible document change..... 4.2.5 P!1ysical Conditions-price and time adjustments .... 4.2.5 Physical Conditions-report of differing ............. 4.2.3 Physical Conditions-Underground Facilities.......... 4.3 P;econs[nlction Conrerence ........................... 2.3 Preliminary ~atters ..................................... Z Premises . Use or ................................ 6.16-0.18 Price. Change of Contract .............................. II Price-Contract--definition or ............................ I Progress Payment. Applications for. ............ . ... .. 14.2 Progress Payment-retainage ......................... 14.2 P;ogress schedule ............... 2.6. 2.9. 6.6. 6.29. 15.2.6 Project--:iennition or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1 Project Representatiorr--provision for ................. 9.3 Project Representative. Resident--dei1nition of .......... I Project. Starting the ............................... _ '" 2.4 Property Insurance. .............................. 5.6-5.13 Property Insurance-Partial Utilization............... 5.15 P;operty Insurance-Receipt and Application of Proceeds .................................. _ 5.12-5.13 Protection. Safety and ........................... 6.20-6.21 Punch list ........................................... 14.11 Recommendation or Payment.................. 14.4. 14.13 Record Documents ................................... 6.19 Reference Points ...................................... 4.4 Regulations. LJ.ws and ............................... 6.14 Rejecting Defective Work ............................. 9.6 Related Work at Site .............................. 7.1-7.3 Remedies Not E."{clusive ............................. 17.4 Removal or Correction of Defective Work ........... 13.11 Resident Project Representative--dennition 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.............. . _.... 3 Retainage ............................................ 14.2 Reuse of Documents . _.. _......... .................... 3.5 Rights of Way ................................... _ _. ... ~.I Royalties. Patent Fees and ... _ . _.. ................ ... 6.12 Safety and Protection....... 6.20-6.21, 18.1-18.2 Samples .......................... _ " .. .. . ... . . .. 6.23-6.23 Schedule of progress ........ 2.6.2.3-2.9.6.6.6.29. 15.2.6 Schedule of Shop Drawing submissions...................... ::.6.2.8-2.9.6.23. 14.1 Schedule of values ...................... 2.6.2.8-2.9. 14.1 Schedules. Finalizing.............. ......... ........... 2.9 Shop Drawings and Samples. .................... 6.23-6.28 Shop Drawings--derinition of . ... ... . . ..... ......... .. . .. I Shop Drawings. use [0 approve substitutions ... _. . . .. . _. . .. ... . . . . . .... ....... . ... 6.7.3 5 I I I Site. Visits to-by Engineer........................... 9.1 Specitications-detinition of ...............,............. I Starting Construction, Before... .... ............ ... 2.5-2.8 Starting the Project. .... .. .'............................ 2.4 Stopping Work-by Contractor....................... 15.5 Stopping Work-by Owner.......................... 13.10 Subcontractor-<iefinition of ....... ...... ....... ..... . '" 1 Subconcractot"S-in general ....................... 6.8-6.11 Subcontracts-required provisions ............ 5.11.1. 6. II 11.4.3 Substantial Completion-certification of .............. 14.8 Substantial Completion-definition of............ " ...... I Substitute or . 'Or-Equal" Items ....................... 6.7 Subsurface Conditions... . ..... .......... .......... 4.24.3 Supplemental costs ................................. 11.4.5 Supplementary Conditions--.jefinition of ................ 1 Supplementary Conditions-principal references to " 1.1.4.2.5.1.5.3.5.6-5.8.6.3.6.13.6.23. 7.4.9.3 Supplementing Contract Documents............... 3.4-3.5 Supplier-<iefinition of . . . . . .. .. . . .. . .. . .. .. .. .. .. . . .. .... I Supplier-principal references to '" 3.6. 6.5. 6.7-6.9. 6.20. 6.14.9.13.9.16.11.8.13.4.14.12 Surety--consent to payment. ................. 14.12. 14.14 Surety-Engineer has no duty to ..................... 9.13 Surety-notice to ..........................10.1. 10.5. 15.1 Surety~ualification of ....,...................... 5.1-5.2 Suspending Work. by Owner ......................... 15.1 Suspension of Work and Termination-in general....... 15 Superintendent--Contracror's ......................... 6.2 Supervision and Superintendence.................. 6.1-6.2 I I I I I I I I Taxes-Payment by Contractor. . .. ............. .. . . .. 6.15 Termination-by Contractor.......................... 15.5 Termination-by Owner . . . . . .. .. .. .. .. .. .. .. . ... 15.1-15.4 Termination. Suspension of Work and-in general.,.... 15 Tests and Inspections ........................... 13 .3-13.7 Time. Change of Contract ,............................. 12 I I I I I I I I Time. Computation of ................................ 17.2 Time. Contract-definition of ..... .. .. ..... .............. I Uncovering Work............................... 13.8-13.9 V nderground Facilities-definition of .................... I Underground Facilities-oot shown or indicated..... 4.3.2 Underground Facilities-protection of ........... 4.3.6.20 Underground Facilities-shown or indicated......... 4.3.1 Vnit Price Work-definition of .......................... I Unit Price Work-general .................11.9.14.1.14.5 Unit Prices ......................................... 11.3.1 Unit 'prices. Determinations for....................... 9.10 Use of Premises ................................. 6.16-6.] 8 Utility owners .......................... 6.13.6.20.7.2-7.3 Values. Schedule of ......................... 2.6.2.9. 14.1 Variations in Work-Authorized............ 6.25.6.27.9.5 Visits to Site-by Engineer.................. .......... 9.2 Waiver of Claims-on Final Payment................ 14.16 Waiver of Rights by insured panies ............. 5.10.6.11 Warrar.ty and Guarantee-by Contractor............. 13.1 Warranty of Title. Contractor" s ....................... 14.3 Work. Access to '.................................... 13.1 Work-bvothers ........................................ 7 Work Co~tinuing During Disputes .................... 6.19 Work. Cost of ................................... 11.4-1 I.5 Work-detinition of ..................................... 1 Work Directive Change-detinition of ................... 1 Work Directive Change-principal . references to ............................3.4.3.10.1-10.2 Work. Ne21ected by Contractor .....................13.14 Work. Stopping by Contractor............... .... .. ... 15.5 Work. Stopping by Owner....................... 15.1-15.4 Written Amendmenr-dellnition of ...................... 1 Written Amendmenr-principal references to ...,................. 3.4.1. 10.1. 11.1. 11.1 6 I I GENERAL CONOlTIONS I ,~RTICLE I-DEFINITIONS I Where\'~r used in thes~ G~neraJ Condirions or in the other Conrract Documencs the following terms have the m~:lnings indicated which are applicable to borh rhe singular and plural (hereof: I AJde/lc!a-Wrinen or graphi<: insrruments issu~d prior to [he opening of Bids which clarify. corre<:t or change the bidding uocumenrs or the Contract Documenrs. I .4 grel!lI1 1!1l1- The Wn[ten agreemenc between OWN ER and CONTRACTOR covering {he Work [0 be performed: other Concracr Documenrs are arta<:hed to (he Agreemenc and made a part rhereof as provided therein. I .-4pplic(/lion flU' Pa,\'I/lelll- The form accepred by ENG 1- NEER which is to be used by CONTRACTOR in requesting progress or nnal paymencs and which is to include such sup- porting documentation as is required b\' the Conrract Documents, I I Bid-The orTer or proposal of [he bidder submitted on the prescribed form setting forth the prices for the Work to be performed. I Bonds-Bid. performance and payment bonds and other instruments of secunty. I C!tange Order-A. documenc 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 rhe Contracr Time. issued on or after the EfTecti\'e Date of the .~greement, I Conrr(/('[ DOCllmeI1IS- The Agreement. Addenda I which per- tain to the Contract Documents). CONTRACTOR's Bid \ including documentarian accompanying rhe Bid and any post- Bid documentation submitted prior ro rhe Norice of A. ward) when attached as an exhibit ro the AgreemenL the Bonds. these General Conditions. {he Supplemenrary Conditions. rhe Specifications and the Drawings as the same are more spe- ciikally identified in the A.greement. together with all amend- menrs. modifications and supplements issued pursuant to paragraphs .3,~ and 3,5 on or after the Effective Date of rhe .~greemenL I I I I CUIltTl/U Price-The moneys payable by OWNER to CON- TRACTOR under the Contract Documents as sr:Hed in the Agreement Isubject to the provisions of paragraph 11.9./ in the case of U ni t Price Work J. I COII//'{/er Til/le- The number of days (computed ~l~ provided in parJgraph 17.:) or rhe dare stared in the Agreem~nt for the completion of the Work. I CONTRACTOR-The person. lirm or corporation with whllm OWNER has entered into rhe Agreement. I Jefecril'e-An adjecrive which when modifying the word Work refers to Work rhar is unsatisfacrory. faulty or deficient. or Joes not conform to the Contract Documents. or does not meet the requirements of any inspection. reference standard. test or approval referred to in [he Contract Documents. or has been damaged prior to ENGINEER's recommendation of final payment I unless responsibiliry for the protection thereot" has been assumed by OWNER at Substantial Completion in :lccordance with paragraph 1~.8 or I~,IO). DTI/\I'ings- The drawings which show rhe character and scope of {he Work to be performed and which have been prepared or approved by ENGINEER :lnd are referred to in rhe Con- tract Documents. Effecril'e Dme IIf Ihe Agreemenl- The dare indicated in the Agreement on which it becomes effective. but if no such date is indicared ir means the date on which [he Agreement is signed and delivered by the last of the two parties to sign and deliver. ESG/tV EER- The person. firm or corporarion named as such in the Agreement. Field Order-.J.." written order issued by ENGINEER which orders minor changes in the Work in accordance wirh para- graph 9.5 but which does not involve a change in the Contract Price or the Contract Time. Genual Reqllirements--Sections of Division I of the Speci- fic:ltions. Lall's and Regularions: Laws or Regula(ions-Laws. rules. regulations. ordinances. codes andior orders. .\'urice of All'(/rd- The written notice by OWNER to the apparent successful bidder stating [har upon compliance by [he apparent successful bidder with [he conditions precedent enumerated therein. within the time specified. OWNER will sign and deliver the:: .J.."greemenr. ,Vorice (() Proceed-A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which rhe Contr:lct Time will commence ro run and on which CONTRACTOR shall start to :J~n.orm CONTRAC- TOR'S obligations under the Contract Documents. O\l,,vER- The public body or authorit\'. corporation. JSSO- ciation. r1rm or person with whom CONTRACTOR has entered into the .~greement :lnd for whom the Work is co be pro\'ided. ParrirZ! Ulili:;(/liulI-Placing a portion of rhe Work in service for the purpose for which it is intended (or a related purpose) before re:lching Substantial Completion for all the Work. Projec(- The total <:onstruction of which the Work to be provided under the Contract Documents may be the whole. or :lpart as indicared elsewhere in [he Contract Documents. Resident Prc>jl!('r Rl'pre,H'III(/liI'e-The authorized represen- [~ltive of ENGINEER who is assigned CO [he sile or any part thereof. 7 I I Shop Drawings-All drawings. diagrams. illustrations. schedules and other data which are speciiically prepared by or for CONTRACTOR to illustrate some portion of the Work and all illustrations. brochures. standard schedules. perfor- mance chans. instructions.-diagrams and other infonnation prepared by a Supplier and submitted by CONTR..1.CTOR to illustrate material or equipment for some portion of the Work. I I I Specifications-Those porrions of the Contract Documents consisting of wrirten technical descriptions of materials. equipment. const!1lction systems. standards and workman- ship as applied to the Work and certain administrative details applicable thereto. I Subcontractor-An individual. firm or corporation having a direct contracr with CONTRACTOR or with any other Sub- contractor for the performance of a part of the Work at the sae. I I Substantial Completion- The Work (ora specified part thereof) has progressed to the point where. in the opinion of ENGI- NEER as evidenced by ENGfNEER's definitive certificate of Substantial Completion. it is sufficiently complete. in accordance with the Contract Documents. so that the Work (or speciiied pan) C:lll be utilized for the purposes for which it is intended; or if there be no such cerrificate 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. I I I Supplementary Conditions-The part of the Contract Docu- ments which amends or supplements these General Condi- tions. I Supplier-A manufacturer. fabricator. supplier. distributor. materialman or vendor. I Underground Faciliries-AJJ pipelines. conduits. ducts. cables. wires. manholes. vaults. tanks. tunnels or other sucn facilities or attachments. and any encasements containing such facil- ities which have been installed underground to furnish any of _ the following services or materials: electricity. gases. steam. liquid petroleum products. telephone or other communica- tions. cable television. sewage and drainage removal. traffic or other control systems or water. I I Unit Price Work-Work [0 be paid for on the basis of unit pnces. I Work-The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- fonning services. furnishing labor and furnishing and incor- porating materials and equipment into the construction. all as required by the Contract Documents. I I Work Directive Change-A written directive to CONTRAC- TOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. I ordering an addition_ deletion or revision in the Work. or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph .1.2 or 4.3 or to emergencies under paragraph 6.21. A Work Directive Change may not change the Contract Price or the Contract Time. but is evidence that the parties expect that the change directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect. if any, on the Contract Price or Contract Time as provided in paragraph 10.2. Wrirren Amendment-A written amendment of the Contract Documents. signed by OWNER and CONTRACTOR on or after the Effective Date of the Agreement and normally deal- ing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2-PRELIMINARY MAITERS Delivery of Boru1s: 2.1. When CONTR..1.CTOR 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 Documerus: .,., OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise specified in the Supplementary Con- ditions) of the Contract Documents as are reasonably nec- essary for the execution of the Work. Additional copies will be furnished. upon request. at the cost of reproduction. Commencement of Contract Time: Notice to Proceed: 2.3. The Contract Time will commence to run on the thirtieth day after the Effective Date of the Agreement. or. if a Notice to Proceed is given. on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within thirty 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. Starting the Project: 2.4. CONTRACTOR shall starr to perform the Work on the date when the Contract Time commences to run. but no Work shall be done at the site prior to the date on which the Contract Time commences to run. Before Starting Construction: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown 8 I 1 thereon and all applicable rield measurements. CONTRAC. TOR shall promptly report in writing to ENGINEER any conflict. error or Jiscrepancy which CONTRACTOR may discover and shall obtain a written interpretation or c1arifi. cation from E",GINEER before proceeding with any Work affected thereby: however. CONTRACTOR shall not be lia. ble to OWNER or ENGINEER for failure to report any conflict. error or discrepancy in the Contract Documents. unless CONTR.-\CTOR had actual knowledge thereof or should reasonably have known thaeof. '1 I I 2.6. Within ten days after the Effective Date of the Agree- ment lunless otherwise specified in the General Require. ments/. CONTR.-\CTOR shall submit to E:'-IGI:-JEER for review: I 1 ~.6. I. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: I 2.6.2. a preliminary schedule of Shop Drawing sub- missions: and I ~.6.3. a preliminary schedule of values for all of the Work which will indude 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 indude an appropriate amount of ovahead and profit applicable to each item of Work which will be con- firmed in writing by CONTRACTOR at the time of sub. mission. I 1 ~.7. Before any Work at the site is started. CONTRAC. TOR shall ddi\'er 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 accordance with paragraphs 5.3 and 5.4. and OWNER shall deliver to CONTRACTOR cerw;cates land other evidence of insurance requested by CONTR.-\CTORl which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7. I I I Preconsrruclion Conference: 2.3. Within twenty days after the Effective Date of the Agreement. but before CONTRACTOR stam the Work at the site. a conference attended by CONTRACTOR. ENGI. NEER and \.l[hers as ;Jppropriate will be held to Jiscuss the schedules rer'erred to in paragraph ~.6. to discuss procedures for handling Shop Drawings and other submittals and for processing .-\pplications for Payment. and to establish a working understanding among rhe parties as to the Work. I 1 1 Finaii:ing Schedules: ~.9. At least ten days befor~ submission ofche first Appli- cation for Pa\ment a ..:onferenc~ attended by CONTRAC. TOR. ENGI0iEER and others as appropriate will be h.:ld [0 finalize the ~.:hedules submitted in accordance ,,'ith para. I I graph 2.6. The finalized progress sch.:dule 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- TR.....CTOR from full responsibility therefor. The finalized schedule of Shop Drawing submissions will be acceptable to ENGIN EER 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 DOCU:-'IE:"-iTS: INTE:-JT. .-\MENDING. REUSE I ment: 3.1. The Contract Documents comprise (he entire agree- ment between OWN ER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3 .~. 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. A.ny 'Nurk. 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 [hat meaning. Reference to standard specifications. manuals or codes of any technical society. organization or association. ono 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 effect at the time of opening of Bids lor. on the Effective Date of the Agreement if there were no Bids). 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 consultants. agents or employ. e.:s from those set forth in the Contract Documents. nur shall it be effective to .1ssign ro ENGINEER. or an:' of ENGI. NEER's consultants. agents or employe~s. an:' duty or authority to supervise or direct the furnishing or pert'ormance of the Work or any duty or authority to undertake responsi. bility contrary to the provisions of paragr:lph 9.15 or 9./6. Ciarifications and interpretations of the Contract Documents shall be issued by ENG IN EER as provided in paragraph 9.4. 3.3. If. during rhe performance of the Work. CONTRAC- TOR rinds a conrtict. error or discrepancy in the' Contract Documents. CONTRACTOR shall so report to ENGINEER in writing at once and before proceeding with the Work atfected thereby shall obtain a written interpretation ur clarification 9 I I I from ENGINEER: however. CONTRACTOR shall not be liable 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. 1 Amending and Suppl.emenJing Contract Documents: 3.4. The Contract Documents may be amended to pro- vide for additions. deletions and revisions in the Work or to modify the terms and conditions thereof in one or more of the following ways: 1 I 3.4.1. a formal Written Amendment. I 3.4.2. a Change Order (pursuant to paragraph 10.41, or 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). I As indicated in paragraphs I 1.2 and 12.1. Contract Price and Contract Time may only be changed by a Change Order or a Written Amendment. 1 3.5. In addition. the requirements of the Contract Docu- ments may be supplemented. and minor variations and devia- tions in (he Work may be authorized, in one or more of the following ways: I I 3.5.1. a Field Order (pursuant to paragraph 9.5), 3.5.2. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.:;7). or I 3.5.3. ENGINEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4l. I Reuse of Documents: 3.6. Neither CONTR..1"CTOR nor any Subcontractor or Supplier or other person or organization performing or fur- n~shing any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the Drawings. Specifications or other docu- ments (or copies of any thereat) prepared by or bearing the seal of ENG INEER: and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. I I I I ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL CONDlTIONS: REFERENCE POINTS I Ava.iI.abilily of lAnds: 4. I. OWNER shall fumish. 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 I . . such other lands which are designated for the use of CON- TRACTOR. Easements for permanent structures or perma- nent changes in e:l:isting 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 fumishing 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 I::. CONTRACTOR shalL provide for all additional lands and access thereto that may be required for temporary construction facijjties or storage of materials and equipment. Physical C oruiitions: 4.::.1. ExploraTions and Reports: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurtace conditions at the site that have been utilized by ENGlNEER in prep- aration of the Contract Documents. CONTR..1"CTOR may rely upon the accuracy of the technical data contained in such re~orts. 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 shaH 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 J..3) which are at or contiguous to the site that have been utiiized by ENGI- NEER in pre~aration of the Contract Documents. CON- TRACTOR may rely upon the accuracy of the technical data contained in such drawings. but not for the complete- _ ness thereof for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and in paragraph 4.:.6. CONTRACTOR shall have full respon- sibility with respect to physical conditions in or relating to such structures. 4.::.3. Report of Differing Conditions: [f CONTRAC- TOR believes that: 4.2.3.1. any technical data on which CONTRAC- TOR is entitled to rely as provided in paragraphs 4.2.1 and 4::.2 is inaccurate. or 4.2.3.::. any physical condition uncovered or revealed at the site differs materially from that indi- cated. reflected or referred to in the Contract Docu- ments. CONTRACTOR shall. promptly after becoming aware thereof and before 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. 10 1 I -1.2.-1. E.YCINEER".\' Rt'vi/!II': ENGINEER will promptly review the pertinent conditions. determine the necessic y ot" obtaining additional e.~plorations or tests with respect thereto and advise OWN ER in writing I with a copy to CONTRACTOR) ot" ENGINEER's findings and con- clusions. I I -1.2.5. Possihlt' Docllment ChClnr:e: [I' ENGINEER concludes that there is a material error in the Contract Documents or that because ot" newly dis.;overed condi- cions a change in the Contract Documents is required. a Work Directive Change or a Change Order will be issued as provided in A.rticle 10 to ['enect and document the consequences of che inaccurac\' or difference. 1 I 4.2.6. Possihle Prict' Cllld Tilll!' AJjllstlllmts: In each such case. an increase or decrease in the Contract Price or an extension or shortening of the Contract Time. or any combination thereof. will be allowable to the extent that they are allributable to any such inaccuracy or c1ifference. If OWNER and CONTRACTOR are unable [0 agree as to the amount or length thereof. a claim may be made therefor as provided in Artic!es II and 12. I I I PhysicaL C ondirions-Cllderground Facililies: -1.3.1. Shown or IlIdicated: The information and data shown or indic:lted 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 ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is othenvise e.~pressly pro- vided in the Supplementary Conditions: I 1 I -1.3.1.1. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. I -1.3.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such information and data. for locating all Underground Facilities shown or indicated in the Contract Documents. for coordina- tion of the Work with the owners of such Underground Facilities during construction. for the safety and pro- tection thereof as provided in paragraph 6.20 and repairing any damage thereto resulting from the Work. the cost of all of which will be considered as having been included in [he Contract Price. I I I -1.3.2. Not ShOIl'1I or IlIuiciltt'd. If an Underground Facility is uncovered or revealed at or contiguous to the site which was not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- abl~' have been expected to be aware of. CONTRACTOR shall. promptly after becoming aware thereof and before performing any Wllrk affected thereby (except in an emer- gency as permitted by paragraph 6.22l. identify rhe owner of such Underground Facility and give written notice thereof to that ownc:r and rll OWNER and ENGINEER. ENGI- NEER will promptly revic:w the Underground Facility to I I I determine rhe e.~tent to which the Contract Documents should be modified co reflect and document the conse- quences of the e.~lstence at' the Underground Facility. and the Contract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC- TO R shall be responsible fnr rhe 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 e.~tension of the Contract Time. or both. to the extent that they are attributable to the nistence of any Underground Facility that was not shown or indicated in the Contract Documents and which CONTRACTOR couid not reasonably have been expected to be aware of. [I' the parties are unable to agree as to the amount or length thereot'. CONTRACTOR may make a claim therefor as provided in A.rticles II and 12. Reference Points: -1.-1. 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 I 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. .-\RTICLE 5-BONDS .-\ND INSURANCE Performance and Other Bonds: 5.1. CONTRACTOR shall furnish pert'ormance and pay- ment Bonds. each in an amount at least equal to the Contract Price as security for the faithful pel10rmance and payment of all CONTRACTOR's obligations under the Contract Docu- ments. These Bonds shall remain in effect at least until one ye:1r after the date when final payment becomes due. except as otherwise provided by Law or Regulation or by the Con- tract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the forms prescribed by Law or Regulation or by the Contract Documents :lnd 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 5iO (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2. If the surety on any Bond furnished by CONTR.-\C- TOR is declared a bankrupt or becomes insolvent or its right to do business is lerminated in any state where any pnrt of II I I I the Project is located or it ceases to meet the requirements of paragraph 5.1. CONTRACTOR shall within five days thereafter substitute another Bond and Surety. both of which must be acceptable to OWNER. 1 C on.mu:tor s Liabiiiry Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive general liability and other insurance as is appropriate for the Work being perfonned and furnished and as will provide protection from claims set forth below which may arise out of or result from CONTRACTOR' s perfor- mance and furnishing of the Work and CONTRACTOR's other obligations under the Contract Documents. whether it is to be pen"onned or furnished by CONTRACTOR. by any Subcontractor. by anyone directly or indirectly employed by any of them to perfonn or furnish any of the Work. or by anyone for whose acts any of them may be liable: 1 I I I 5.3.1. Claims under workers' or workmen's compen- sation. disability benefits and other similar employee ben- efit acts: 1 5.3.1. 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 the employment of such person by CONTRACTOR, or (b) by any other person for any other reason: I I 5.3.5. Claims for damages. other than to the Work itself. because of injury to or destruction or tangible prop- erty wherever located. including loss of use resulting therefrom: I 5.3.6. Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property: and I 5.3. i. Claims for damages because of bodil y injury or death of any person or propeny damage arising out of the ownership. maintenance or use of any motor vehicle. I The insurance required by this paragraph 5.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemen- tary Conditions. or required by law. whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insur- ance so required to be purchased and maintained (or the cenificates or other evidence thereot) shall contain a provi- sion or endorsement thaI the coverage afforded will not be cancelled. materially changed or renewal refused until at least 1 1 I lhirty 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 defecrive Work in accordance with paragraph 13.12. In addition. CONTRACTOR shall maintain such completed operatlons 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. Contracruai LUlbiliry Insurance: SA. The comprehensive general liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.3 I. Owners Liabiiiry Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining 0 WNER' 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. Properry Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions. OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER. CONTR.-\CTOR. Subcontractors. ENGINEER and ENGINEER's consultants in the Work. all of whom shall be listed as insureds or additional insured parties. shall insure against the perils of nre and extended coverage and shall include "all risk" insurance for physical loss and damage including theft. vandalism and malicious mischief. coliapse and water damage. and such other penis 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 property insurance on portions of the Work stored on and off the site or in [rans;t when such portions ot" the Work are to be included in an Application for Payment. 5.7. OWNER shall purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR. Subcontractors, ENGIN EER AND ENGINEER's consultants in the Work. all of whom shall be listed as insured or additional insured parties. 12 I I 5.8. All the policies of insurance (or the certificates or other evidence thereot) required to be purchased and main- cained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or .:ndorsement that the coverage afforded will not be cancelled or mat.:riaJly changed or renewal refused uncil at least thirty days' prior wrirren nocice has been given co CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. 1 I 5.9. OWN ER shall not be responsible for purchasing and maintaining any property insurance co procect ch.: interl:sts of CONTRACTOR. Subcontractors or others in che Work co the extent of any deductible amounts that are provided in che Supplementary Conditions. The risk of loss within the deductible amount. will be borne by CONTRACTOR. Sub- contractor or others suffering any such loss and if any of them wishes property insurance coverage within che limits of such amounts. each may purchase and maintain it ac the purchas- er's own expense. I I I 5.10. If CONTRACTOR requests in writing chac other special insurance be included in the property insurance pol- icy. OWNER shall. if possible. include such insurance. and the cost thereof will be charged co CONTRA.CTOR by appro- priace Change Order or Wrirren Amendment. Prior to com- mencemenc of the Work at che site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. I I I Waiver ojRighrs: 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 co paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENGI- NEER. ENGINEER's consultants and all other parties named as insureds in such policies for losses and damages so caused. As required by paragraph 6.11. e:1ch subcon- tract between CONTRACTOR and a Subcontractor will concain similar waiver provisions by the Subcontractor in favor of OWNER. CONTRACTOR. ENGINEER. ENGl- N EER' s consultants and all other parties named as insureds. None of the :1bove waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance h.:ld by OWNER as trustee or oth.:rwise pay- able under any policy so issued. I I I I I 5.11.2. OWNER and CONTRACTOR inrend chat any policies provided in response CO paragraphs 5.6 and 5.7 shall protet:t all of the parties insured and provide primary coverage for all losses and damages t:aused by che perils co\'ered thereby. Accordingly. all such policies shall con- tain provisillns co the c:lfect that in the eVent of paymenc of any loss or dam;!ge che insurer will have nll rights ot recovery against any ot [he parties named as insureds elr additillnal insureds. and if the insurers require separate waiver forms co be signed by ENGINEER or ENGI- NEER's t:llnsultant OWNER willllbtuin the: ~ume. and if I I I I such waiver forms are required of any Subcontractor. CONTRACTOR will obtain the same. Receipt and Applicarion of Proceeds: 5.12. Any insured loss under che policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWN ER as crus tee for the insureds. as their interests may appear. subject co che require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER sha1l deposit in a separace account any money so received. and shall distribute it in accordance with such agreement as [he parties in interest may reach. If no other special agreement is reached the damaged Work sha1l be repaired or replaced. the moneys so received applied on account thereat and che Work and the cost chereof covered by an appropriate Change Order or Wrinen Amendment. 5.13. OWNER as trustee shall have power co adjust and settle any loss with the insurers unless one of che parties in interest sha1l object in writing within fifteen days after the occurrence of loss co OWN ER' s exercise of this power. If such objection be made. OWNER as trustee shall make set- tlement wich the insurers in accordance with such agreement as the parties in interest may reach. If required in writing by any party in interest. OWNER as trustee shall. upon the occurrence of an insured loss. give bond for the proper per- formance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance reql:ired co be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5..+ on the basis of its not complying with che Contract Documents. OWNER sha1l notify CON- TR...\CTOR in writing thereof wichin ten days of che dace of delivery of such certificates co OWNER in accordance with paragraph 2.7. If CONTRACTOR has any objection co che coverage afforded by or other provisions of [he policies of insurance required to be purchased and maintained by OWNER in accordance with paragraphs 5.6 and 5.7 on the basis of their no~ complying with the Contract Documents. CON- TRACTOR sha1l notify OWNER in writing chereofwichin ten days of che date of delivery of such certificaces co CON- TRACTOR in accordance with paragraph 2. i. OWN ER and CONTRACTOR sha1l each provide to the other such addi- tional informacion in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR co give any such notice of objection within the time provided shall constitute accepcance of such insur- ance purchased by che other as complying with che Contract Documents. Parrial Urili:.arion-Properry Insurance: 5.15. If OWNER nnds it necessary co occupy' or use a portion or portions of the Work prior co Substancial Comple- tion of all che Work. such use or occupancy may be accom- plisheu in accordant:e: with paragraph 14.10: provided that no 13 I I such use or occupancy shall commence before the insurers provIding the property insurance have acknowledged notice thereoi 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 c:lllcelled or lapse on account of any such partial use or occupancy. I I I ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES I Supervision and Superirueruienu: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and expertise as may be necessary to periorm 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 mc:ans. 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. 1 I I I 6.1. CONTRACTOR shall keep on the Work at all times during its progress a competent resident superintendent. who shall not be replaced without written notice to OWNER and ENGINEER except under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. I I Lahor. ,'rtateriais and Equipment: 6.3. CONTR.~CTOR shall provide competent. suitably qualified personnel to survey and layout the Work and per- form construction as required by [he 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 periormed during regular working hours. and CONTRACTOR will not permit overtime work or the periormance of Work on Sat- urday. Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. I I I 1 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. periormance. testing. stan.up and completion of the Work. I I I 6.5. All materials and equipment shall be of good quality and new. except as otherwise provided in [he Contract Doc- uments. If required by ENGINEER. CONTRACTOR shall furnish satisfactory evidence (including repons 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 oi any such instructions will be effective to assign to ENGINEER. or any of ENGINEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or periormance of the Work or any duty or author- ity to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Schedule: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 2.9) adjust- ments in the progress schedule to reRect the impact thereon of new developments: these wifl conform generally to the progress scheduie then in effect and additionally will comply with any provisions of the General Requirements applicable thereto. Substitutes or "Or-Equal" Items: 6. i. I. 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 [0 that named. The procedure for review by ENGINEER will include the following as supplemented in [he 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 periorm ade- quately the functions and achieve the results called for by the general design. be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR's achievement of Substantial Comple- tion on time. whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for worle on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or 14 I 1 royalty. All variations or" the propose:Li substitute from that specineLi will be iLientifieLi in the application and available maintenance. repair anLi replacement service will be indi- cated. The application will al~u cuntain an itemized esti- mate of all costs that will result Jirectly or indirectly from acceptance of such substitute. incluLiing costs of redesign and claims of other COntractor~ affecteLi by the resulting change. all of which shall be consiLiered by E~GINEER in evaluating Ihe propose:d-;ubstitute. E~GINEER may require CONTRACTOR [0 furnish at CONTRACTOR's expen~e additional dara about the proposeLi substitute. I I I 6.7.2. If a specific means. methoLi. technique. sequence or procedure or" construction is indicated in or required by the Contract Document~. CONTRACTOR may furnish or utilize a sub~titute means. methoLi. sequence. technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is e:quivalent to that indicated or required by the Contract Documents. The procedure t'or review by ENGINEER will be similar to [hat oroviLied in paragraph 6.7.1 as applied by ENGINEER and as may be suppleme:nted in the Ge:n- eral Re:quirements. I 1 I I 6.7.3. ENGINEER \\iill be allowed a reasonable time within which to evaluate each proposed substitute. ENGI- NEER will be the sole judge of acceptabilitv. and no substitute will be ordered. installed or utilized without ENG IN EER'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 and in making .:hanges 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. I I I I I Concerning Subcontractors. Suppliers and Others: 6.8.1. CONTRACTOR shall not employ any Subcon- tractor. Supplier or other person or organization (including those 'lcceptable to OWNER anLi ENGINEER as indi- cated in paragraph 6.3.2). whether initi'llly or as a substi- tute. against whom OWNER or ENGINEER may ha\e reasonable objection. CONTRACTOR shall not be required to employ any Subcontractor. Supplier or other person Llr organization to furnish or perform any of the Work against whom CONTRACTOR has reasonable objectil1n. 6.8.2. If the Supplementary Conditions require the: identity of cenain Subcontractors. Suppliers or other pe:r- sons or organizations (incluLiing those: who are to furnish the principal items of materials and cquipmenCl to be sub- mitteLi to OWN ER in advance of the specifie:Li Jate prior to the Effective Datc of the Agreement for acccptance by I 1 I I I OWNER and ENGINEER and if CONTRACTOR has submitted a list thereof in 'lccordance with the Supple- mentary Conditions. OWNER's or ENGINEER's accept- ance I either in writing or by failing to make written objec- tion thereto by the Liate 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 CONTRACTO R shall submit an acceptable substitute. the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or 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 defecfil'e Work. 6.9. CONTRACTOR shall be fully responsible to OWNER Olnd ENG IN EER 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 \\iith CONTR.-\CTOR just as CONTRAC- TOR is responsible for CONTRACTOR's own acts and omis- sions. Nothing in the Contract Documents shall create any contractual relationship between OWNER or ENGINEER and any such Subcontractor. Supplier or other person or organization. nor shall it create any obligation on the part of OWNER or ENGINEER to payor to see to the payment of any moneys due any such Subcontractor. Supplier or other 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 sl)all not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work 10 be perfonned by any specific trade. 6.11. .-\11 Work pen'ormed 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 shalf pay each Subcontractor a just share of any insurance moneys received by CONTRACTOR on account of/osses under pol- icies issueLi pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the perfor- mance of the Work or the: incorporation in the Work of any inve:nrion. design. process. product or device which is the subje:ct of patent rights or copyrighls helLi by others. If a particular invention. design. process. product or device is specified in the Contract Documents for use in the perfor- mance of the: Work and iflU the actual knowledge of OWNER 15 I I or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license iee or royalty to others. the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims. damages. losses and expenses (including attorneys' fees and court and arbitration COSts) arising out of any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the Work of any invention. deSign. process. product or device not spec1fied in the Contract Documents. and shall defend all such claims in connection with any alleged infringement of such rights. I I I I PenrUls: 6.13. Unless otherwise provided in the Supplementary Conditions. CONTRACTOR shall obtain and pay for ail con- struction permits and licenses. OWNER shail 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 oi opening of Bids. or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay ail charges of utility owners for con- nections to the Work. and OWNER shall pay ail charges of such utility owners for capital costs related thereto such as plant investment fees. I I I I I Laws and ReguUuions: 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 compiiance with any Laws or Regulations. I I 6.14.1. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason 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. 1 I I I Taxes: 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 I place of the Project which are applicable during the perfor- mance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment. the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations. rightS- of-way. permits and easements. and shall not unreasonably encumber the premises with construction equipment or other' . materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area. or to the owner or occupant thereof or of any land or areas contig- uous thereto. resulting from the performance of che Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work. CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law. CONTRACTOR shall. to the fullest extent permitted by Laws and Regulations. indemnify and hold OWNER and ENGINEER harmJess from and against all 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. 6.1 i. During the progress of che Work. CONTRACTOR shall keep the premises free from accumulations of waste materials. rubbish and ocher debris resulting from che Work. At the completion of the Work CONTRACTOR shall remove all Waste materials. rubbish and debris from and abouc 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 shail restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor permit any part of any structure to be loaded in any mannerthat 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 Documerus: 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 10 ENGINEER for reference. Upon com- 16 1 I. ptetion of the Work. these record documems. samples and Shop Drawings will be delivered to ENGINEER for OWNER. I Safery and Protection: 6.20. CONTRACTOR shall be responsible for initiating. maintaining and supertising all safety precautions and pro- grams in connection with the Wurk. CONTRACTOR shall take all necessary precautions for [he safety of. and shall provide the necessary protection to prevem damage. injury or loss to: I I 6.20.1. all employees on the Work and other persons and organizations who may be atfected thereby: 1 6.20.2. all the Work and materials and equipment lO be incorporated therein. whether in storage on or otf the site: and I 6.20.3. other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavemems. road- ways. structures. utilities and Underground Facilities not designated for removal. relocation or replacemem in the course of construction. I I CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage. injurv or loss: and shall erect and maimain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of L" nderground Facilities and utility owners when prosecution of the Work may arfect them. and shall couperate with them in the pro- tection. removal. relocation and replacemem of their prop- erty. .-\[1 damage. injury or loss to any property referred ro in paragraph 6.20.2 ur 6.20.3 caused. directly ur indirectly. in whole or in part. by CONTRACTOR. any Subcomractor. Supplier or any other person ur organization direl.:tly or indi. rectly employed by any of them to perform or furnish any of the Work ur anyone for whose acts any of them may be liable. shall be remedied by CONTRACTOR (except damage or loss attributable to the fault of Drawings or Specific:.Hions or to the acts or omissions of OWN ER or ENGINEER or anyone employed by either uf [hem or anyone for whose ;lCts either of them may be liable. and not attributable. direl:tly or indi- recti y. in whole or in part. to [he fault ur negligenl:e of CON. TR.-\CTORl. CONTRACTOR's duties and respunsibilities for the safety and protection of the Work shall cuminue until such time as all the Wurk is completed and E?'iGI:--JEER has issuell a notice !O OWN ER and CONTRACTOR in accurd- ance with pamgraph 14.13 that the Work is acceptable le;l:l:ept as otherwise expressly proviuell in connection Ilith Substan- tial Cumpletionl. I I I I I I I I 6.: I. CONTRACTOR shall designate a resp~\nsible rep- resentative at (he site whose duty shall be the pre\'emion ~lt' acciue::ms. This person shall be CONTRACTOR's superin- tenue::n[ unle::ss otherwise uesignated in writin~ by CO;\l. TRACTOR ru OWN ER. 1 1 Emergencies: 6.22. In emergencies atfecting the safety or protection of persons or the Work or property at the site or adjacent thereto. CONTRACTOR. without special instruction or authorization from E;\IGINEER or OWNER. is obligated to act to prevent threatened damage. injury or loss. CONTRACTOR shall give ENGINEER prompt wrinen notice if CONTRACTOR believes that any significant changes in [he Work or variations from the Contract Documents have been caused thereby. If E?'iGI- NEER determines [hat 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 wi I! be issued to document the consequences of (he 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 (see para-' graph 2.91. or for other appropriate action if so indicated in the Supplementary Conditions. tive copies iunless otherwise specified in the General Requirements) of all Shop Drawings. which will bear a stamp or specific wrinen indication that CONTRACTOR has satistied CONTR.-\CTOR's responsi- bilities under the Contract Documents with respect to the review or the submission. All submissions will be identified as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to quamities. dimen- sions. specified performance and design criteria. materials and similar data to enable ENGINEER !O review the infor- mation as required. 6.24. CONTRACTOR shall also submit [0 E?'iGINEER for review and approval with such promptness as to cause no delay in Work. all samples required by [he Contract Doc- uments. All samples will have been checked by and accom- panied by a specific written indication [hat 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 [he use tor which intended. 6.25.1. Before submission of each Shop Drawing or samole CONTRACTOR shall have determined and veri- tied ~II quamities. dimensions. specified performance cri- teria. installation requirements. materials. catalog num- bers and similar data Ilith respect thereto and reviewed or coordinated each Shup Drawing or sample with other Shop Drawings and samples and with the requirements of the Wurk and the Contract Documents. 6.25.2. At the rime ~lf each submissiun. CONTRAC- TOR shall give ENGIN EER spel:itic written notice of each variatiun that rhe Shup Drawings or samples may have from the requirements ~\f the C~lntract Documents. and. in additiun. shall cause:: ;1 specitk notation ro be made on 17 1 I each Shop Drawing submitted to ENGINEER for review and approval of each such variation. I 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples. but ENGI- NEER's review and approval will be o,nly for coniormance 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 progr.uns incident thereto. Tne review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER. and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. I I I I I 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's attention to each such variation at the time of submission as required by paragraph 6.25.2 and ENGL'iEER has given written approval of each such varia- tion by a specific written notation thereof incOll'orated in or accompanying the Shop Drawing or sample approval: nor will any approval by ENGINEER relieve CONTR.-\CTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25.1. 1 I I I 6.28. Where a Shop Drawing or sample is required by the Specifications. any related Work performed prior [0 ENGI- N EER' s review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. I Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements. except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. I I I Indemnification: 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 of or resulting from the performance of the Work. I I I provided that any such claim. damage. loss or expense (a) is attributable [0 bodily injury. sickness. disease or death. or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Law and Regulations regardless of the negligence of any such party. 6.3 (. 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 [0 perform or furnish any of the W orle or anyone for whose acts any of them may be liable. the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages. compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person or organization under workers' or workmen' s compensation acts. disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER. ENGINEER's consultants. agents or employees arising out of the preparation or approval of maps. drawings. opinions. reports. surveys. Change Orders. designs or speciiications. ARTICLE i-OTHER WORK Relaled Work III Site: i.l. 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 perfonned was not noted in the Contract Documents. wrinen notice thereof will be given to CONTR.A.CTOR prior to starting any such other work: and. if CONTRACTOR believes that such perfor- mance will involve additional expense to CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. 7.2. CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct contract (or OWNER. if OWNER is performing the additional worle with OWNER's employees) proper and safe access to the site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work. and shall properly connect and coordinate the Work with theirs. CONTRACTOR shall do all cutting, fining and patching of the Work that may be required to make its several parts come together properly and integrate with such other worle. CON- ]8 I I TRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work with the written consent of E:--.IGINEER and the others whose work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for :he benefit of such utility owners and other contractors to the extent that there are comparable provisions for the benerit of CONTRACTOR in said direct contracts between OWN ER and such utility owners and 01 her contractors. I I I 7.3. If any part of CONTRACTOR.s Work depends for proper execution or results upon the work of any such other contractor or utility owner lor OWNERl. CONTRACTOR shaH inspect and promptly report to E:--.IGINEER in writing any delays. defects or deficiencies in such work that render it una vailable or unsuitable for such proper e:-:ecution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as fit and proper for integra- tion with CONTRACTOR's Work except for latent or non- apparent defects and deficiencies in the other work. I I I C oordinarion: 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 matters to be covered by such authority and responsibility will be itemized. and the extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. I I I 1 ARTICLE 3-0WNER'S RESPONSIBILITIES I 8.1. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. I 8.:. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose sta- tus under the Contract Documents shall be that of the former ENGIN EER. Any dispute in connection with such appoint- ment shall be subject to arbitration. I 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. 1 1 8.4. OWNER's duries in respect of providing lands and easements and providing engineering surveys to ~stablish reference points are set forth in paragraphs 4.1 and 4.4. Para- graph 4.2 refers to OWNER's identifying and making avail- able to CONTRACTOR copies ofreporrs of explorations and tests of subsurface conditions a[ the site and in e....isting struc- I I tures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaimng liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13.10 and Ij.1. Paragraph 15.2 deals WIth OWNER's right to terminate services of CON- TR.~CTOR under certain circumstances. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Owners Representarive: 9.!. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority cfENGINEER as OWNER's representative during cunstruction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Sire: 9.2. ENGINEER will make visits to the site at intervals appropriate [0 the various stages of construction to observe the progress and quality of [he executed Work and to deter- mine. in general. if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required [0 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 wiil conform ro the Contract Documents. On the basis of such visits and on-site observations as an e:<perienced and qualified design profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavoreo guard OWNER against defects and deficiencies in the Work. Projecr Representation: 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties. responsibilities and limitations of authority of any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWN ER at the site who is not ENGINEER's agent or employee. the duties. responsibilities and limitations of authority of such other person will be as provided in [he Supplementary Conditions. 19 I I Cl4rijicarions and I nlerp~l4liDns: 9.4. ENGINEER will issue with reasonable prompmess such wricten claritications or interpretations of the require- ments of the Contract Documents (in the form of Drawlngs or otherwise) as ENGINEER may determine necessary. which shaH be consistent with or reasonably inferable from the overall intent of the Contract Documents. rfCONTRACTOR believes that a wricten clarification or intel1'retation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amOUnt or extent thereof, CONTRACTOR may make a claim therefor as provided in Article 1] or Article 12. 1 I I I A Ulhorizeti Var.arions in Work: 9.5. ENGINEER may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are consistent with the overall intent of the Contract Documents. These may be accomplished by a Field Order and will be binding on OWNER. and also on CONTRACTOR who shall perform the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent thereof, CONTRACTOR may make a claim therefor as provided in Article I I or 12. I I I I Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective. and wjll also ha ve authority to require special inspection or testing of the Work as provided in paragraph 13.9. whether or not the Work is fabricated, installed or completed. I I Shop Drawings, Change Orders and Payments: 9. i. In connection with ENGINEER's responsibility for Shop Drawings and samples. see paragraphs 6.23 through 6.29 inclusive. I I 9.8. In connection with ENGINEER's responsibilities as [0 Change Orders. see Articles 10, I I and 12. 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment. etc.. see Article 14. I Determi1UUions for U nil Pri&es: 9.10. ENGINEER will determine the actual quantities and classitications of Unit Price Work performed by CON- TRACTOR, ENGINEER will review with CONTRACTOR ENGINEER's preliminary determinations on such matters before rendering a written decision thereon (by recommen- dation of an Application for Payment or othel"Nisel. ENGI- N EER' s written decisions [hereon will be final and binding upon OWNER and CONTRACTOR, unless. within ten days after the date of any such decision. either OWNER or CON- TRACTOR delivers to the other party to the Agreement and I I I I to ENGINEER wricten notice of intention [0 appeal from such a decision. Decisions on Dispules: 9.11. ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. Claims. disputes and other matters relating to the acceptability of the WorK or the interpretation of the requirements of the Contract Documents pertaining [0 the pert-onnance and furniShing of the WorK and claims under Articles II and 12 in respect of changes in the Contract Price or Comract Time will be referred initially to ENGINEER in writing with a request for a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a reasonable time. Written notice of each such claim. dispute and other matter will be delivered by the claimant to ENGINEER and the other party to the Agreement i'romptly (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 ac;:urate data in suPPOrt of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.iO and 9.11. 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 9.11 with respect to any such claim. dispute or other matter (except any which have been waived by the making or acceptance of final pay- ment as provided in paragraph 14.16) will be a condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such claim. dispute or other matter. Limiuzrions on ENGINEER's Responsibiiilies: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENGINEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor. any Supplier. or any other person or organization performing any of the Work. or to any surety for any of them. 9.14. Whenever in the Contract Documents the terms "as ordered". "as directed", "as required", "as allowed", "as approved" or terms of like effect or import are used. or the adjcctives .. reasonable", .. suitable", .. acceptable", .. proper" or "satisfactory" or adjectives of like effect or import are used to describe a requirement. direction. review or judgment of ENGINEER as to the Work. it is intended that such requirement. direction, review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise). The use of any such lerm or adjective shall not be 20 I 1 effective [0 assign to ENGIN EER any duty or authority [0 supervise or direct [he furnishing or performance of [he Work or any duty or authority [0 undertake responsibility contrary [0 the provisions or paragraph 9.15 or 9.16. 1 9.15. ENGrNEER 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 [he Contract Documents. I I 9.16. ENGINEER will not be responsible for [he acts or omissions of CONTRACTOR or or any Subcontractor. any Supplier. or of any other person or organization pert'orming or furnishing any of the Work. I 1 ARTICLE IO-CHANGES IN THE WORK I I 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 piOmptly piOceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). I 1 10.2. rf OWNER and CONTRACTOR are unable to agree as to the extent. if any. of an increase or decrease in [he 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 I I or .'\rricle 12. I I 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended. modified and supple- mented as provided in paragraphs 3.4 and 3.5, except in the case or" an emergency as provided in paragraph 6.22 and eX<.:ept in the case of uncovering Work as provided in para- graph 13.9. I I 10.... OWNER and CONTRACTOR shall execute appro- priate Change Orders lor Written Amendments) covering: I 1004.1. changes in the Work which are ordered by OWN ER pursuant to paragraph 10.1. are required because of acceptaOl:e of dej~('(i1'e Work under paragraph 13.13 or correcting "t!.recril'l! Work under paragraph 13. I... or Jre Jgreed (0 by the parries: I I 1004.2. changes in [he Contract Pri<.:e or Contract Time which are :lgreed [0 by [he parties: and I 1004.3. changes in the Contract Price or Contract Time which embody [he 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 [he provisions of the Coneract Documents and applicable Laws and Regulations. but during any such appeal. CON- TRACTOR shall carryon [he Work and adhere [0 [ne prog- ress schedule as provided in paragraph 6.29. 10.5. rf notice of any change affecting [he general scope of the Work or [he provisions of [he Contract Document~ (inClUding. but noe limited to. Contract Price or Contract Time) is required by [he provisions of any Bond to be given [0 a sure[y. the giving of any such notice will be CONTRAC- TOR's responsibility, and the amOUnt ot" each applicable Bond will be adjusted accordingly. ARTICLE ll-CHANGE OF CONTR.-\.CT PRICE I I. I. The Contract Price constitutes the total compen- sation (subject [0 authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned co or undertaken by CON- TRACTOR shall be at his expense without change in ehe Coneract Price. II.:!. 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 wriccen notice delivered by the party making the claim [0 [he other party and to ENGINEER promptly (bu[ in no eVent la[erthan thirty davs) after the occurrence of the eVent giving rise to [he ~laim' and stating the general nature of [he claim. No[ice of the amount of the claim with supporting data shall be delivered within sixty days after such Occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate data in suPPOrt of [he claim) and shall be accompanied by claimant's written statemene thar the amount claimed Covers all known amounts (direct. indirect and con- sequentiall [0 which the claimant is entitled as a result of [he occurrence of said event. All claims for adjustment in the Coneract Price shall be de [ermined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph 11.2. 11.3. The value of any Work covered by a Change Order or of any claim for an increase or decrease in [he Contract Price shall be determined in one of [he following ways: 11.3.1. When: the Work involved is covered by unit prices contained in the Contract Documents. by applica- [ion of unit prices to [he quantities of the items involved (subject [0 [he provisions of paragraphs 11.9.1. through 11.9.3. inclusivel. 21 I I 11.3.1. By mutual acceptance or" a lump sum (which may include an aHowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). I 11.3.3. On the basis of the Cost of the Work (deter. mined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (deter. mined as provided in paragraphs 11.6 and 11. i). 1 I Cost of the Work: 11.04. The term Cost of the Work means the sum of a1l costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER. such costs shall be in amounts no higher than those prevailing in the locality of che Project. shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: I I I 11.4.1. Payroll costs for employees in the direct employ or" CONTRACTOR in the perfonnance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees noe employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll COSts shall include. but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemploymene. 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 peziorming Work after regular working hours. on Satur- day. Sunda~. or legal holidays. shall be included in the above to the extene authonzed by OWNER. I I I I 11.04.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of trans- pOl'ration 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 discounes. rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. I I I I 1 1.4.3. Payments made by CONTRACTOR to the Subcontractors for Work perfonned 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 detennine. with the advice of ENGINEER. which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of COSt of the Work Plus a Fee,' the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC- TOR's Cost of the Work. All subcontracts shall be subject I I I 22 to the other provisions of the Contract Documents insofar as applicable, 11.04.4. Costs of special consultants (including but not limited to'engineers. architects. testing laboratories. sur- veyors. attorneys and accountants) employed for services specifically reiated to the Work. 11.4.5. Supplemental COSts including the follOwing: 11.4.5.1. The proportion of necessary transporta- tion. travel and subsistence expenses of CONTRAC. TOR's employees incurred in discharge of duties con- nected with the Work. 1104.5.2. Cost. including transportation and main- tenance. of all materials. supplies. equipment. machin- ery. appliances. office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRACTOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER. and the COSts of tranSPOrtation. loading, unloading. installation, dismantling and removal thereof-all in accordance with tenns of said rental agreements. The rental of any such equipment, machin- ery or parts shall cease when the use thereof is no longer ne~ssary for the Work. 11.4.5.4. Sales. consumer. use or similar taxes related to the Work. and for which CONTRACTOR is liable, imposed by Laws and Regulations. I 104.5.5. 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 chem may be liable. and royalty payments and fees for pennits and licenses. 11.4.5.6. Losses and damages (and related expenses). not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the perfonnance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9), pro- vided they have resulted from causes other than the negligence of CONTRACTOR. any Subcontractor. or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of OWNER. No such losses. damages and expenses shall be included in the Cost of the Work for the purpose of detennining CONTRAC- TOR's Fee. If. however, any such loss or damage I 1 requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall bt: paid for services a kt: propurrionatt: to (hat stat~d in paragraph 11.6.2. I IIA.5.i. The cost of utilities. fud and sanitary facilitit:s at tht: site. I II A.5.8. :-'linor e:~penses such as telegrams. long distance telephone calls. telephune service at the site. ~xpressage and similar peuy cash items in connection with the Wurk. I I IIA.5.9. Cost of prt:miums for adJitionaJ Bonds and insurance required because uf changes in the Work and premiums for property insurance cuverage within the limits uf the deductible amounts ~stablished by OWNER in accordance with paragraph 5.9. 1 11.5. The term COSt of the Work shall not include any of the following: I 11.5.1. Pavroll costs and other compensation of CON- TRACTOR's ufficers. ~xecutives. principals (af partner- ship and sole proprietorships). general managers. engi- neers. architects. estimators. auomeys. auditors. accoun- tants. purchasing and contracting agents. e:~peditors. timekeepers. clerks and other personnel emoloyed by CONTRACTOR whether at the site or in CONTRAC- TOR's principal or a brnnch office for general administra- tion of the Work and not specifically included in [he agreed 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. I I I I 11.5.2. Expenses l'! CONTRACTOR's principal and branch offices other than CONTRACTOR's uflice at th~ site. I 11.5.3. .-\ny part ofCONTRACTOR's capital ~xpenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent payments. 1 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Docum~nts to purchase and maintain th~ samt: (except for [he cost of premiums covered by sub- paragraph 11.4.5.9 ~lbove). I I 11.5.5. Costs due to the negligence of CONTRAC- TOR. any Subcontr:\ctor. or anyone directly ur indirectly employed by any of i;;.:m ur for who~e acts any of them may be liable. ;ncfo.lJin!; but not limileJ to. tht: correction of de/,.( ;i.. '.','urk. Jisposal Llf materials or equipment wrongly SLl, .,j ,', ~ "1aking good any damagt: to prop- erty. I I ( 1.5.6. Other u\'~rhead or general expense costs 0f any kind anJ the Cll~tS uf any item nut specitically and e:~pre~~ly included in paragraph 1/"+. I CONTRACTOR's Fee: 1(.6. The CONTRACTOR's Fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6. I. a mutually acceptable fixed fee: or if none can be agreed upon. 11.6.2. a fee bast:d on the fallowing percentages of the various portions of [he Cost of the Work: 1/.6.:.1. for costs incurred under paragraphs 11..+.1 and I U.2. the CONTRACTOR's Fee shall be fifteen. percent : (1.6.:.2. for ccsts incurred under paragraph 11"+.3. the CONTRACTOR's Fee 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 unuer paragraphs 11.'+.4. J 1..+.5 and 1/.5: I J .6.2..+. the amount of credit to be allowed by CONTR.-\CTOR to OWNER for any such change which results in a net decrease in case will be the amount of the actual net decrease plus a deduction in CONTRAC- TOR's Fee by an amount equal to ten percent of the net decrease: and 11.6.2.5. when both additions and credits are involved in anyone change. the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragraphs l (.6.2.1 through 1/.6.2..+. inclusive. 11.7. Whenever the cost of any Work is [0 be determined pursuant to paragraph 11..+ 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 CONTR.-\CTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of [he allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: 11.8. I. The allowances include the cost to CON- TRACTOR (Jess any applicable trade discounts I of mate- rials and equipment required by the allowances to be deliv- ~red at the site. and all applicable taxes: and 11.8.:. CONTRACTOR's costs for unloading and handling on the site. labor. installation co~ts. overhead. profit and other e.'tpenscs contemplated for the allowances have bet:n includt:d in the Contr<lct Price and not in the 23 I I allowances. No demand for additional payment on account of any thereof will be valid. 1 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. I I UniJ PrU:~ Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work. initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work times the estimated quantity of each item as indi. cated in the Agreement. The estimated quantities of items of UOIt Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quan- tities and classifications of Unit Price Work pen'ormed by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. I I I I 11.9.1. Each unit price will be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR' s overhead and profit for each sep- arately identified item. I 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- TRA.CTOR may make a claim for an increase in the Con- tract Price in accordance with Article 1 I if the parties are unable to agree as to the amount of any such increase. I I I I ARTICLE 12-CHANGE OF CONTRACT TIME I 12.1. The Contract Time may only be changed by a Change Order or a Written Amendmenc.Any claim for an extension or shonening of the Contract Time shall be based .on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the eVent giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be deliv- ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more accurate data in suPPOrt of the claim) and shall be accom- panied by the claimant's written statement that the adjust- ment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Time I I I I shall be determined by ENGINEER in accordance witb para- graph 9.11 if OWNER and CONTRACTOR cannot otberwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in accordance with the requirements of this paragraph 12.1. 12.2. The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of CON. TRACTOR if a claim is made therefor as provided in para- graph 12.1. Such delays shall include. but not be limited to. acts or neglect by OWNER or ochers performing additional work as contemplated by Article 7. or to tires. floods. labor - disputes. epidemics. abnormal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents 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 party. ARTICLE I3-WARRANTY Ai'lD GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOV AI. OR ACCEPTANCE OF DEFECTIVE WORK Wamuuy and GuartUlUe: 13.1. CONTRACTOR warrants and guarantees co OWNER and ENGINEER that all Work will be in accor- dance with the Contract Documents and will noc be defective. Prompt notice of all defects shall be given to CONTRAC- TOR. All defective Work. whether or not in place. may be rejected. corrected or accepted as provided in this Article 13. Accu.r to Wark: 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 testing. CONTRACTOR shall provide proper and safe conditions for such access. Tens and Inspeclions: 13.3. CONTRACfORshall give ENGINEER timely notice of readiness of the Work for all required inspections. tests or approvals. 13.4. If Laws or Regulations of any public body having jurisdiction require any Work (or pan thereoO to specifically be inspected. tested or approved. CONTRACTOR shall assume full responsibility therefor. pay all COStS in connection therewith and furnish ENGINEER the required certificates of inspection. testing or approval. CONTRACTOR shall also 24 I 1 be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN- ER's or ENG IN EER's acceptance of a Supplier of materials or equipmenc proposed co be incorpurated in the Work. or of mace rials or equipment submi!!ed for approval prior to CON- TRACTOR's purchase thereof for incorporation in the Work. The cosc of all inspections. tests and approvals in addicion co che above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specined!. I I I 13.5. .-\11 inspections. rests or approvals ocher than those required by laws ur Regulations of any public body havinlZ jurisdictiun shall be performed by organizations ac~eptabl~ cO OWNER and CONTRACTOR (or by ENGI:-';EER if so specified!. I I 13.6. If any Work (including che work of others) that is to be inspected. tested or Jpproved is covered without writren concurrence of ENGINEER. it must. if requested by ENGI- 1'1 EER. be uncovered for observacion. Such unco\'ering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice ofCONTRACTOR's inten- tion to cover che same and EN GIN EER has not acted wich reasonable promptness in response ro such notice. I I 13. i. Neicher observations by ENGINEER nor inspec- cions. cescs or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. I 1 Uncovering Work: l3.8. [fany Work is covered contrary to the wri!!en requesr of ENGINEER. it must. if requested by ENGI~EER. be unco\'ered for ENGINEER's observation. and replaced ar CONTRACTOR's expense. I I 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by others. CONTRACTOR. at ENGINEER's request. shall uncover. expuse or orherwise make available for observation. inspection ~r resring as ENGI~EER may require. lhat portion uf rhe Work in quesrion. furnishing all necessary labor. macerial and equipment. If it is found chat such \Vork is d<'.fecrin'. CONTRACTOR shall bear all direct. indirect Jnd .:onsequenriaJ costs of such uncovenng. e:~pu- sure. observation. inspection and testinlZ and of sacisfacron' reconsrructiun. I includinlZ but not limired ro fees and charge~ of engineers. architeccs. ;!!orneys and ucher prufessionaisl. and OWN ER shall be enti[/ed ro an appropriate decrease in che ClJntracc Price. and. if che parties are unuble r~) agree as ro the amuunt thereuf. may. make a claim cherefor as provid~d in .-\nick II. If. hlJII t:\er. slI\:h WlJrk i~ noc f~'und co be "e,/i'crh'('. COYfRACTOR \hall b~ allowed an in-=reas~ in the Cuncral,;[ Pn\.1.. J ...1 <.:\,.:nsion of the Concra.:r Time. llr buth. Jin:l:tl~. a[[ril'lI[abl~ llJ such unl:overing. .:xpusur~. ubsen',j[ion. inspt:ctiun. testing and rel:unstrucli~'n: and. if che parties are unable fO agret: as tu the amuunr or e.'uem I I I I I 1 thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. Owner May SLOp the Work: 13.10. If rhe Work is defectit'e. or CONTRACTOR fails co supply sufficient skilled workers or sui cable marerials or equipment. or fails to furnish or perform the Work in such a way thac the completed Work will conform to rhe Conrract Documems. OWN ER may order CONTRACTOR to s\op che Work. or any portion thereof. uncil the cause for such order has been eliminated: however.. this righr of OWNER to scop che Work shall noc give rise to any ducy on [he part of OWNER to exercise this righc for the benefic of CONTRACTOR or . any other party. Correction or Removal of Defective Work: 13.11. Ifrequired by ENGINEER. CONTRACTOR shall promprly. as directed. eirher correcr all defecril'e Work. whether or not fabricaced. installed or completed. or. if rhe Work has been rejecred by ENGINEER. remove it from rhe sice and replace it with nondefecrit'e Work. CONTRACTOR shaH bear all direct. indirec~ and consequential costs of such correcrion or removal (including but noc limited to fees and charges of engineers. archirects. attorneys and ocher profes- sionals) made necessary thereby. One Year Correction Period: 13.12. If wichin one year after che dace of Substantial Complecion or such longer period of time as may be pre- scribed by Laws or Regularions or by che terms of any appli- cable special guarantee required by che Contract Documents or by any specific provision of rhe Contracr Documents. any Work is found co be defecrh'e. CO NTR.-\CTOR shall promptly. withouc cosr ro OWNER and in accordance with OWNER's written instructions. either correct such defecril'e Work. or. if it has been rejecred by OWNER. remove it from the site and replace it with nondefecril'(! Work. If CONTRACTOR does not promptly comply with the terms of such instructions. or in an emergency where delay would cause serious risk of loss or damage. OWNER may have rhe defecrive Work cor- rected or the rejected Work removed and replaced. and all direct. indirecr and consequenrial costs of such removal and replacemenc (including but not limiced to fees and charges of engineers. architects. attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular icem of equipment is placed in continuous service before Subscancial Complerion of all the Wurk. the correction period for that irem may start to run from an earlier date if so provided in che Specifications ur by Written Amendment. Acceptance of Defective Work: 13.13. If. inscead uf requiring correction ur removal and replacement of J(,/I!crh'(' Wurk. OWNER (and.' prior co ENGIN EER's recummenJarion uf final payment. alsu ENGINEER) prefers [Q accept ic. OWNER maydo so. CON- TRACTOR shall bear all direct. inJirect and cunsequential 15 1 1 I 1 1 I I I 1 I I I I I I I I 1 I costs attributable to OWNER's evaluation of and determi- nation to accept such dejective Work (such costs to be approved by ENGINEER as to reasonableness and to include but not be limited to fees and charges.of engineers. architects. attor- neys and other professionals). If any such acceptance occurs prior to ENGINEER's recommendation of tinal 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 Conlract Price, and. if the parties are unable to agree as to the amount thereof, OWNER may make a claim therefor as provided in Article 11. If the acceptance OCCUI> after such recommendation. an appropriate amount will be paid by CONTRACTOR to OWNER. OWNER May Correct DtlftlctivtI Work: 13.14. If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to correct and [0 correct dejective Work or to remove and replace rejected Work as required by ENGINEER in accordance with para- graph I3 .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 Conlract Documents, OWNER may, after seven days' writ- ten notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site, take possession of all or part of the Work. and suspend CON- TRACTOR's services related thereto, take possession of CONTRACTOR's tools. appliances. constrUction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site orforwhich 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 ~nst CONTRACTOR in an amount approved as to reasonableness by ENGINEER. and a Change Order wilt 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 amount thereof. OWNER may make a claim therefor as provided in Article (I. Such direct. indirect and consequen- tial costs wilt include but not be limited to fees and charges of engineers, architects. attorneys and other professionals. all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction. removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. ARTICLEI~PAYMENTSTOCONTRACTORAND COMPLETION ScJuduk ofVaWtls: 14.1. The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress payments and will be incorporated imo a form of Application for Pay- ment acceptable to ENGINEER. Progress payments on account of Unit Price Work will be based on the number of units completed. Appii.carion for Prog~ss Paymt!nl: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a monthl. CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment tilled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such SUpporting documentation as is required by the Contract Documents. Ifpayment is requested on the basis of materials and equipment not incorporated in rhe Work but delivered and suitably stored at the site or at another location agreed to in writing. the Application for Payment shall also be accompanied by a bill of sale. invoice or other documentation Warranting that OWNER has received . the materials and equipment free and clear of 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 property insurance and other arrangements to protect OWNER's interest therein. all of which will be sat- isfactory ro OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's W/lJ'Tanl}' of Tille: 14.3. CONTRACTOR warrants and guarantees that title to all Work. materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Project or not. will pass to OWNER no later than the time of payment free and clear of all Liens. Review of ApplicJll:ions for Prog~ss Paymtlnl: 14.4. ENGINEER will. within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Application to OWNER. or return the Application to 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 wilI (subject to the provisions of the last sentence of paragraph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. 14.5. ENGINEER's recommendation of any payment requested in an Application for Payment will constitute a 26 I I - representation by ENGINEER to OWNER. based on ENGI- NEER's on-site observations of Ihe Work in progress as an experienced and qualilied <.ksign prot'essional and on ENGI- N EER's review of Iht: Application for Payment and the accompanying data and schedules [hat the Work has pro- gresse<.J to Ihe point in<.Jicated: Ihat. to the best of ENGI- N EER's knowledge. int'ormation and belit:f. the quality of the Work is in accordance with (he Contract Documents (subject to an evaluation of the Work as a functioning whole prior 10 or upon Substantial Completion. 10 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 qualili- cations stated in the recommendacionl: and that CONTRAC- TOR is entitled to payment or the amount recommended. However. by recommending any such paymt:nc ENGINEER will not thereby be deemed to have represented that exhaus- cive or continuous on-site inspeccions have been made to check the quality or the quantity of the Work beyond the responsibilities specitically assigned to ENGINEER in the Contract Documents or that there may not be other matters or issues between the parties that might entitle CONTRAC- TOR to be paid additionaily by OWNER or OWNER to withhold payment to CONTRACTOR. I 1 I I I I .1 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 emit led to final payment as set forth in paragraph 14.13 have been fullilled. I I l4.7. ENGINEER may refuse to recommend the whole or any part of any payment if. in ENGINEER's opinion. it would be incorrect to make such representations to OWN ER. ENGINEER may also refuse to recommend any such pay- ment. or. because of subsequently discovered evidence or the results of subsequent inspections or tests. nullify any such payment previously recommended. to such extent as may be necessary in ENGINEER's opinion to protect OWNER from loss because: I I 14.7.1. the Work is defecril'e. or completed Work has been damage~ requiring correction or replacement. I 14.7.:. rhe Conrract Price has been reduced by Wrir- ten Amendment or Change Order. I 1-1.7.3. OWNER has been required to correct de.f~('- (h'e Work or complete Work in accordance with paragraph 13.1-1. or I 14.i.4. of ENGINEER's actual knowledge of the occurrence of any of the eVents enumerated in paragraphs 15.2.1 through 15.2.9 inclusive. I OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made :lg:linsc OWNER on :lccount ofCONTRACTOR's per- formance or furnishing of the Work or Liens have heen filed in connection wich the Work or rhere :Ire other icems enticling 1 I OWN ER to :I set-off ag:linsc the amount recommended. but OWNER must give CONTRACTOR immediate written notice (with a copy co ENGINEER) st:lcing the re:lSons for such action. 5 ubs/antial Completion: 14.8. When CONTRACTOR considers the entire Work re:ldy for ics intended use CONTRACTOR shall nocify OWNER and ENGINEER in writing th:lt the encire Work is substantially complete (e:~cept for items speciiic:llly listed by CONTRACTOR as incomplece) and requesc [hat ENGI- N EER issue a certilic:lte or" Subscancial Completion. Within _ a reason:lble rime there:lfcer. OWNER. CONTRACTOR and ENGINEER shall make :In inspeccion of the Work co decer- mine the scaeus of complecion. If ENGIN EER does noc con- sider the Work substancially complete. ENGINeER will notify CONTRACTOR in wricing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare :lnd deliver to OWNER:I tentative certilicate of Subscantial Com pie cion which shall fix che date of Subscancial Complecion. There shall be atcached to the cercilic:lte a rencative lisc of icems to be completed or cor- recced ber"ore final pay men!. OWNER sh:lll have seven days after receipc of the centacive certificate during which to make wriccen objeccion to ENGINEER :IS to any provisions of the certilicate or attached lis!. If. after considering such objec- cions. ENGINEER concludes that che Work is not substan- tially complete. ENGINEER will wi chin fourteen days after submission of the tentative certificace to OWNER notify CONTRACTOR in writing. stacing the re:lsons therefor. If. after consideration of OWNER's objeccions. ENGINEER considers the Work subst:lncially complece. ENGINEER will wichin said fourteen days e;~ecute and deliver to OWNER and CONTRACTOR a delinicive certiiicace of Substantial Completion (wich a revised tentative list of icems to be com- pleted or corrected) renecting such changes from the tentative certilicace as ENG IN EER believes justified after consider- ation of any objections from OWN ER. At che time of delivery of the tencative certificate of Substar.tial Complecion ENGI- NEER will deliverco OWNER and CONTRACTOR a wricten recommendacion as to division of responsibilities pending final paymenc between OWNER and CONTRACTOR wich respect co securicy. operacion. safety. maincen:lnce. he:lt. ucilicies. insurance and warr:lncies. Unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior ro ENGINEER's issuing che dt:linirive certific:lce of Subsc:lncial Completion. ENG IN EER's :lfore- said recommend:ltion will be binding on OWN ER :lnd CON- TRACTOR uncil nn:ll payment. 14.9. OWNER shall have the righc to exclude CON- TRACTOR from [he Work after the date of Substantial Com- pletion. buc OWN ER shall allow CONTRACTOR re:lsonabJe :lccess CO complete or correct irems on the rencacive lis!. Partial UtiJi:ation: 14.10. Use by OWNER of any finished part of the Work. which ha:-; specifically be.:n identified in the Contr:lct Docu- 27 I 1 ments. or which OWNER. ENGINEER and CONTRAC. TOR agree constitutes a separately functioning and useable part of ,he Work that can be used by OWNER without sig- nificant interference with CONTRACTOR's performance of the remainder of the Work. may be accomplished prior to Substantial Completion of all the Work subject [0 [he follow- mg: I I 14.10.1. OWNER at any time may request CON- TRACTOR in writing to permit OWNER to use any such part of the Work which OWNER believes [0 be ready for its intended use and substantially complete. If CON. TRACTOR agrees. CONTRACTOR will certify to OWNER and ENGINEER chat 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 part of the Work. Within a reasonable time after either such request. OWNER. CONTRACTOR and ENGINEER shall make an inspec- [ion of that pan: of the Work to determine its s;:atus of completion. If ENGINEER does not consider that part of the Work to be substantially complete. ENGINEER will notify OWNER and CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers that pan: of the Work to be substantially complete. the provisions of para- graphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. I I I I I 1 I 14.10.~. OWNER may at any time request CON- TRACTOR in writing [0 permit OWNER to take over operation of any such pan: of the Work although it is not substantially complete. A copy of such request will be sent to ENGINEER and within a reasonable time there- after OWNER. CONTRACTOR and ENGINEER shall make an inspection of that pan of [he Work [0 determine its status of completion and will prepare a list of the items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writ- ing to OWNER and ENGINEER that such part of the Work is not ready for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together wjth a written recommendation as to the division of responsibilities pending tinal payment between OWNER and CONTRACTOR with respect to security. operation. safety. maintenance. utilities. insur- ance. warranties and guarantees for that part of the Work which will become binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ-- ing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work. OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Work. I I I I I I I 1 14.10.3. No occupancy or separate operation of part of the Work will be accomplished prior to compliance with the requirements of paragraph 5.15 in respect of property insurance. Firuzllnspecrion: 14.11. Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is complete. ENGI- NEER will make a final inspection with OWNER and CON- TRACTOR and will notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete or dejecrive. CONTRACTOR shall immediately take such measures as are necessary to remedy such defi- CIenCIes. Final Appii.calWn for Paymeru: 14.12. After CONTRACTOR has com!,le~ed 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 paragraph 6.19) and other docu- ments-all as required by the Contract Documents. and after ENGINEER has indicated that the Work is acceptable (sub- 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 Contract Documents. together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising OUt of or tiled in connection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR may furnish receiptS or releases in full: an affidavit of CON- TRACTOR that the releases and receipts include all labor. services. material and equipment for which a Lien could be tiled. and that all payrolls. material and equipment bills. and other indebtedness connected with the Work for which OWNER orOWNER's property might in any way be respon- sible. have been paid or otherwise satisfied: and consent of the surety. if any. to final payment. If any Subcontractor or Supplier fails to furnish a release or receipt in full. CON- TRACTOR may furnish a Bond or other collateral satisfac- tory to OWNER to indemnify OWNER against any Lien. Final Payment and Acceptance: 14.13. If. on the basis of ENGINEER's observation of che Work during construction and final inspection. and ENGINEER's review of the tinal Application for Payment and accompanying documentation-all as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGI- NEER will. within ten days after receipt of the final Appli- cation for Payment. indicate in writing ENGINEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give wrirten notice to OWNER and CONTRACTOR that the Work is acceptable subjeCt to the provisions of paragraph 14.16. 28 I 1 Otherwise. ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment. in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation. in appropri- ate form and substance. and with ENGIN EER's recommen- dation and notice of acceptability. the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. I I I 14.14. If. through no fault of CONTRACTOR. final com- pletion of the Work is significantly delayed and if ENGI- :-J EER 50 confirms. OWNER shall. upon receipt of CON- TRACTOR's final Application for Payment and recommen. dation of E:-JGINEER. and without terminating the Agree- ment. make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fUlly completed 0r corrected is less than the retainage stipulated in the Agree- ment. and if Bonds have been furnished as required in para- graph 5.1. the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gov- erning final payment. except that it shall not constitute a waiver of claims. I I I I I Contractor' s Continuing ObligaJion: 14.15. CONTRACTOR's obligation to perform and com. plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER. nor the issuance of a cer- tificate of Substantial Completion. nor any payment by OWNER to CONTRACTOR under the Contract Documents. nor any use or occupancy of the Work or any part thereof by OWNER. nor any act of acceptance by OWNER nor any failure to do so. nor any review and approval of a Shop Drawing or sample submission. nor the issuance of a notice of acceptability by ENGINEER pursuant to paragraph 14.13. nor any correcrion of Jefecril'e Work by OWNER will con- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16). 1 I I 1 I Wai~'er of Claims: 14.16. The making :lnd acceptance uf final payment will constitute: I 14.16. I. a waiver of all claims by OWN ER against CO:-JTRACTOR. except claims arising from unsettled Liens. frum dl!ji'cril'(' Wurk appearing after tinal inspec- tilln pursuant to paragraph 14. II ur from failure [ll comply with the Cuntract Dl1cumems 0r the terms of any special gU~lrantt:es specified therein: however. it will nllt cunsti- tllle ~ waiver hy OWN ER uf any rights in rt:sp.:ct llt I I I CONTRACTOR's continuing obligations under the Con- tract Documents; and 14.16.2. a waiver of all claims by CONTRACTOR against OWN ER other than those previously made in writ- ing and still unsettled. ARTICLE IS-SUSPENSION OF WORK AND TER.\tINA TION Owner ,l1ay Suspend 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 jf CONTRACTOR makes an approved claim therefor as provided in ArticJe~ II and 12. Owner May Temriruue: 15.2. Upon the occurrence of anyone or more of the following events: /5.2.1. if CONTRACTOR commences a volunrarycase 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 tiling 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 etfect at the time of filing. ur if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or stare law in effect at the time relating to bankruptcy or insolvency.: 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors: 15.2A. if a trustee. receiver. custodian or agent of CONTRACTOR is appointed under applicable law or under contract. whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors; 15.2.5. if CONTRACTOR admits in writingan inabil- ity to pay its debts generally as they become due; 15.2.6. if CONTRACTOR persistently fails to perform the Wurk in accord:lOce with the Cumract Documents ~9 I I (including. but not limited to. failure to supply sufficient skilled workers or suitable malerials or equipment or failure 10 adhere to the progress schedule established under paragraph 2.9 as revised from time to time): I !5.1.7. if CONTRACTOR disregards Laws or Regu- lations of any public bOdy having jurisdiction: 1 15.2.8. if CONTRACTOR disregards the authority of ENGINEER: or I 15.2.9. if CONTRACTOR otherwise violales in any substantial way any provisions of the Contract Docu- ments: I OWNER may, after giving CONTRACTOR (and the surety, if there be one) seven days' wrinen notice and to the extent permined by Laws and Regulations. terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools. appliances. construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion!. 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 Ihe 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. I I I I I 1 I I I 15.3. Where CONTRACTOR's services have been so terminated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 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. CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses. which will include. but not be limited to. direct. indirect and con- sequential costs (including. but not !imited to. fees and charges of engineers. architects. attorneys and other professionals and court and arbitration COSts). COIllraClOr May SlOp Work or Terminate: 15.5. If. through no act or fault of CONTRACTOR. che Work is suspended for a period of more than ninety days by OWNER or under an orderof court or other public authority. or ENGINEER fails to act on any Application for Payment within thirty days after it is submined. or OWNER fails for thirty days to pay CONTRACTOR any sum finally deter- mined to be due. chen CONTRACTOR may. upon seven days' wrinen notice to OWNER and ENGINEER. tenninate 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. I . [The remainder of this page was left blank intentionallY.1 I I I 30 I I I I I I I I I I I 1 I I I 1 1 I I ARTICLE 16--ARBITRATION 16.1 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu- ments or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. (The remainder of this page TNaS left blank intentionally.) 31 I I I I I I I I I I . I I I I I I 1 1 I (This page was le:t't blank intentionally.) 32 I I. I I I 1 I I I 1 1 I I I 1 I I I 1 ARTICLE [7-MISCELL-\.NEOUS Giving Notice: 17.1. Whenever any provIsIon of the Contract Docu- ments requires the giving of wrirren 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 [0 the giver of the notice. CompUllUion of Time: 17.2.1. When any period of time is referred to in the COntzact 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 omirred from the computa- tion. [7.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error. omis- sion or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable. claim will be made in writing to the other party within a reasonable time of the first observance of such injury or damage. The provisions of this paragraph [7.3 shall DOL be construed. as a substitute for or a waiver of [he pro- visions of any applicable statute of limitations or repose. [7.4. The duties and obligations imposed by these Gen- eral Conditions and the rights and remedies available here. under to [he parties hereto. and. in particular but without limitation. the warranties. guarantees and obligations imposed upon CONTRACTOR by paragraphs 6.30. 13.1. 13.12. [3.1-4.- 14.3 and 15.2 and all of [he rights and remedies available [0 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 specifical[y in the Contract Documents in connection with each particular duty. obliga- tion. right and remedy [0 which they apply. All representa- tions. warranties and guarantees made in the Contract Doc. uments will survive final payment and termination or com- pletion of the Agreement. 33 I I I 1 I I I I 1 I I I I I I I I 1 I SUPPLEMENTARY CONDITIONS 1.1 OWNER'S LIABILITY & PROPERTY INSURANCE: Section 5.5,5.6,5.7,5.8,5.9, 5.10 of the General Conditions shall be amended as follows: No additionalliabiJity or property insurance will be purchased by Augusta- Richmond County for this project. Current insurance coverage will remain in effect for the life of this Contract. 1.2 CONTRACTOR'S LIABILITY: As indicated under Section 5.3 of the General Conditions, the Contractor's Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone person, and subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $l 00,000 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-I I I I I I I I I I I I I I I I 1 1 I I 1.4 TESTING LABORATORY: All testing and laboratory work in connection therewith shall be performed by an independent firm and paid for by the Contractor. Copies of all test reports shall be forwarded to Augusta-Richmond County Public Works. There will be no separate payment for this work. 1.5 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 Director of Public Works, or his official designee. 1.8 UNDERGROUND UTILITIES: (References 4.3, lA, 3.2) The Contractor shall coordinate with all utility companies through the "One Call" method or other appropriate steps to locate and avoid damage to all utilities that may affect or be affected by the Contractor's work. 1.9 SAFETY: (Reference 6.20) The Contractor shall use certified flagmen, barricades and signs as necessary to notify the public, in particular, those persons driving in the vicinity of the project, of the construction and its affect on traffic. SC-2 I I I I I I I I 1 1 I I I I I I I 1 I SECTION P PROPOSAL Date: Gentlemen: In compliance with your invitation for bids dated , 19 _, the undersigned hereby proposes to furnish all labor, equipment, and materials, and to perform all work for the installation of streets, and appurtenances referred to herein as: INTERNATIONAL BOULEVARD Project Number: 321-04-299821662 in strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule attached hereto and totaling: DOLLARS ($ ) The undersigned hereby agrees that, upon written acceptance of this bid, he will within IO days of receipt of such notice execute a formal contract agreement with the OWNER, and that he will provide the bond or guarantees required by the Contract Documents. The undersigned hereby agrees that, if awarded the contract, he will commence the work immediately after the date of written Notice to Proceed, and that he will complete all major items of work no later than 10-15-99. The undersigned acknowledges receipt of the following addenda: Respectfully submitted (Name of Firm) (Business Address) By: Title: P-I .t . -' . II . . It . I . ; -' - , , . . J . . . .....J . . INTERNATIONAL BOULEVARD DETAILED ESTIMATE 7/6/99 ............ ...... .... ... .... .............. ....... .'.. ............. ... ..-. ... ... ............ . ..... .............. ............ ......... .. . . . .... . . .. .... .. . .... . ..... .. ..........0" ._. ........... ..... _......... ... "__" .... ......... ............ . ......... ......... ... ...... .... .... '" -, ............. ..... ..... ......... ........ ......'.................. ~: ~~ ~~~: >:~:~ ~:: ~ ~: ~: ~:~:::~::::::::: ~:::: ~: ~:::::;:::::::::: ~ ~:::; > ~::::: ~ ~ ~:::~::: <; y;;; :::;:::::: :: ::::::: ;t::::: ~:::;::: ;::;: ~::::::;:; :;;;: ~;~} :4~it; ~::i:; :i;i ;~i~::i; t~;?;~>:; :;( ::iT~MWB( n:???:.i.::.:g?rA~~\T~AwfI/:nun }i:HN!:l): HArY/ WWf~g7mM Wm1~Ag~l!f!j ROADWAY ITEMS CONSTRUCT, MAINTAIN & REMOVE 163-2051 BALED STRAW EROSION CHECK LF 400 3.50 1~().oCJ 171-0010 TEMP, SILT FENCE, TP A LF 600 3.5"6 .:< /t)tJ.~o 207 -0203 FOUND. BKFL MATL, TP II CY 300 ,20.00 {P. 000. ~o LUMP SUM CONSTRUCTION .(SECTION Ka ~6(). 0 d 230-1000A "A") LUMP 1 50; ,p()~. ~~ GRADED AGG BASE. 8"INCL. MATL & 310-5080 HAUL SY 6,600 6>.8D 4~ 88o.DO RECYCLED ASPH CONC 12.5 MM , SUPERPAVE GP 2 ONLY, INCL BIT MATL 3 S, 5"D 402-3141 & H, LIME TON 790 36; 4/5. tJ 0 RECYCLED ASPH CONC 25 MM SUPERPAVE. GP 1 OR 2. INCL BIT MATL 402-3250 & H. LIME TON 1890 ~"7. 00 t9 9 93t'J.oO 413-1000 BITUM TACK COAT GAL 500 6. 96 4StJ.66 441-6022 CONC CURB & GUTTER, 6"X30", TP 2 LF 600 /t~o t, /000."0 550-1180 STORM DRAIN PIPE, 18" H 1-10 (RCPl LF 600 ,,2 4,vo /4-, tf(){), o~ SAFETY END SECTION, 18" STORM 550-3318 DRAIN 4:1 SLOPE EA 2 7go,o 0 /.56,0,00 !.. 550-4218 FLARED END SECTION, 18" STORM EA 4 525.00 ,2; I Of). 00 UNDERDRAIN PIPE, INCL DRAINAGE 573-2006 AGG 6" LF 400 9.06 3, (,00.0 0 603-2012 STONE PLAIN RIP RAP,12", TYPE I SY 300 ,25".00 7. SOO.OD 603-2997 F/L TER BLANKET SY 300 5,30 /59o.tN) 634-1200 R!W MARKER EA 4 /50. 00 (p()cJ. ()() P-2 I'~r:;~:-.... 'I' 'i.t-', ~- . ~}: i.''': i II II . . .... .. . I . . ,. - ~ . ~. .. iI ;. . ... ~ II INTERNATIONAL BOULEVARD DETAILED ESTIMATE . ... ~ .'0 . . . . . . . ::':;:::~~~~1Irre~!:';t:ili:!;~ II .. ........ . ............... .......................... .'............ -, .............. .'............... . z:::: :.;.::;.;:..~~ :~:.:~ :.::~ :-:.,.:.~ '~li~~ .......'........ .......-... ........................ . . . ..... --. . . . .. ..... 0....... .. .......--....... ..'....-. ............. .'......... .-.................... .. ........,............................ ................. .............. :UNifP.RicE ." ~-":-..~.";"..'.'.., ."...... :"~.;.;";"~ :~:::~::tiNit::::::: :::::QTY.::::. . :..::::iA"MOUN:T~~~~ .0...0. ....... '" ...... ......'......,. ....;,.........,....:.....:................... ....'......... ..... ........ ........................ . .............. ........... . . . . . .. -. .'..... . . .... ".-' .... ......-. ..... .............. .......... .............. ..............'.............. .. .... ......... .......... . . . ... - - . . ... . . . ... ....'. ...... -.. . .. ...... .......... ... . .... ....... .......... ..... ...................'....... .. ... ...... ... ... ........ .'.... .. ....... . .. _...... ..... ........ _... THERMOPLASTIC PVMT MARKING 653-0120 ARROW. TP 2 EA 2 650.00 1300.0D THERMOPLASTIC SOLID TRAF STRIPE. 653-1501 5" WHITE LF 4.000 tJ. .5.5 2/2()O.t)O THERMOPLASTIC SKIP TRAF STRIPE 5" 653-3502 YELLOW LF 2.200 () , so / /00.00 668-1100 CATCH BASIN, GP I EA 4 I, 000. oD 4- Dot). 00 668-2100 DROP INLET. GP I EA 1 /.:2 SO. () 0 /. .2SD,()O 700-5000 GRASSING COMPLETE (2.5 ACRES) LUMP 1 4.500. ~() 4,5"DO.OO ROADWAY SUBTOTAL I , :257, 475: t)O WATERLINE ITEMS 230-1 000 LUMP SUM CONSTRUCTION ... LUMP 1 ~8:o~.OO ,,2%, t)t)(/ . t) t) 500-3101 CLASS A CONCRETE CY 15 45/;. 00 t, 75P.OO 670-1160 WATER MAIN. 16", DIP. CLASS 350 LF 1.500 30.0 0 45": t>o~. ()() TAPPING SLEEVE AND VALVE 670-3212 ASSEMBLY, 20"X 16" EA 1 /5tt/().oO /5.800.00 670-4000 FIRE HYDRANT .. EA 1 249.00 .24S?J, ()() WATER LINE SUBTOTAL 78, t7NJ. ()O CONTACT TOTAL $ 355, 47S. CJO . * NOTE: LUMP SUM CONSTRUCTION INCLUDES BUT IS NOT LIMITED TO : CLEARING AND GRUBBING. UNCLASSIFIED EXCAVATION. EROSION CONTROL. PAVEMENT REMOVAL. CONSTRUCTION LAYOUT, TRAFFIC CONTROL, AND ANY OTHER WORK WITHOUT A SPECIFIC PAY ITEM. (SECTION "A") IS DEFINED AS THAT PORTION FROM THE BEGINNING OF THE PROJECT AT. AND INCLUDING. TOBACCO RD. INTERSECTION TO STA. 13+00. SECTION "B"\ IS DEFINED AS THAT PORTION FROM STA. 13+00 TO STA. 17+00 (END PROJECT). NOTE: NO WORK SHALL BE DONE IN SECTION "B" UNDER THIS CONTRACT. ** NOTE: FIRE HYDRANT INCLUDES 6" VALVE WNALVE BOX. M.J. TEE & 6" D.I.P. LATERAL. *** INCLUDES BORE AND JACK UNDER TOBACCO RD. Note to qualify bid: Price on boring Tobacco Road for 16" water line based on existing 20" water line being where it is shown on plans and at a depth of no more than 42" to the center of existing water1:i e and not having to cut Tobacco Road to ins~l watei7line;;) /J. ///~..s DRdS. {ONS/#. (0. . CONTRACTOR P-3 I I I 1 I I I I I I I I I I I I I I I 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 o'f the following materials. Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type I 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-BUlL T PLANS: The Contractor shall furnish a legible set of "as-built" plans, in good condition, to the Project Inspector no later than the date of the Final Inspection. Such plans shall have all significant changes marked in red. The Project Inspector shall review the marked plans for accuracy, legibility and completeness. As-built plans, approved by the Project Inspector, must have the Inspector's signature on the cover sheet. No "as-built" plans will be accepted without the approval of the Project Inspector. . G-I I I I I 1 I I I I I I I I I I I I I 1 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, perform slump tests as directed by the Engineer. Tests shall be performed by qualified personnel with a properly cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class "A" concrete shall have a minimum of 611 lbs. Cement per cubic yard. Class "B" concrete shall have a minimum of 470 lbs. Cement per cubic yard. Concrete not meeting these requirements will be rejected by the Engineer. 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. The Contractor shall provide borrow and/or waste pits for this project. All pits acquired for use on this project shall be reclaimed in accordance with Section 160 of the Standard Specifications. The Contractor's attention is directed to Subsection 107.23 of the Specifications. All storm drain pipe, side drain pipe, pipe culvert wingwalls, steps, retammg walls, curbs and gutters,headwalls, all types of pavement, wooden structures, except those specifically shown as a removal pay item will be removed as Clearing and Grubbing, Grading Complete, Grading Per Mile or Lump Sum Construction. G-2 I I I I I I I I I I I I I I I 1 I I I 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 project was made by Brian Besson & Associates @ (706) 733-6456. CONSTRUCTION SCHEDULE: The Contractor shall prepare a schedule identifying the primary construction activities and/or phases for constructing this project. This schedule shall be presented at the Pre-Construction Conference. DESIGN ALTERATIONS: The Commission-Council recognizes that various changes in design may be made as the project progresses. Any requests for additional payment will be processed based on actual work in place and the unit prices submitted as a part of this bid. Items not covered in this bid shall be priced separately and no work shall be done on these items until approved, in writing, by the Engineer. ENGINEER: In all contract documents, specifications, supporting documents, etc., the term "ENGINEER" means, and shall be deemed to mean, the Augusta-Richmond County Public Works Director or his designated representative. EROSION AND SEDIMENT CONTROL: The Contractor shall be responsible for all soil erosion and sediment control practices. All on-site erosion control shall comply with local Augusta Richmond County erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item. EXCESS MATERIAL: All excess material is to be disposed of as directed by the Engineer or as noted in Subsection 107.23 of the Specifications and in accordance with page PPA-l and PPA-2 G-3 I I 1 I I I I 1 I I I I I I 1 1 I I I 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 certificate upon completion ofthe training from a Department approved training program. Failure to provide certified Flaggers as required above shall be reason for the Engineer suspending work involving the Flagger(s) until the Contractor provides the certified Flagger(s). Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket, and shall use a Stop/Slow paddle meeting the requirements of Section 6F-2 of the MUTCD for controlling traffic. The Stop/Slow paddle shall have a shaft length of seven (7) feet minimum. In addition to the Stop/Slow paddle, a Flagger may use a 24 inch square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. Signs for Flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTCD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of the presence of the Flagger shall be placed beyond the point where traffic can reasonably be expected to stop under the most severe conditions for that day's work. FOUNDATION BACKFILL MATERIAL, TYPE I: Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications. No separate payment will be made for this material or its placement. FOUNDATION BACKFILL MATERIAL, TYPE II: Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the Engineer. It shall also be used beneath all concrete box culverts. Quantities shall be measured for payment in accordance with Georgia Standard 1030-D or as directed by the Engineer. Payment shall be per cubic yard unless otherwise specified in the contract. G-4 I I 1 I I I 1 I I I I I I I I I I I I 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 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 sub grade and/or normal excavation for drainage structures, ordered by the Engineer, will be considered for payment. GRASSING AND EROSION CONTROL: The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to determine the actual area to be grassed. No claims will be considered for extra compensation if the Contractor relies on plan information to prepare his bid. All slope areas are to be grassed unless shown otherwise on plans. Temporary grass is required if permanent grass season is out. The Contractor shall be responsible for all soil erosion and sediment control measures. All on-site erosion control shall comply with local erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item. All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre-existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. G-5 I 1 I I I I I I I I I I I I I I I I I Discontinued roads or other areas inside or outside the project construction limits, but within the existing or required right:'of-way, shall be obliterated and restored as nearly as possible to the original contour of the ground (see Section 205 of the Standard Specifications). No separate payment will be made for this work. Where item number 700-6001 is shown as a pay item, Georgia Department of Transportation Specifications are modified to provide that the lump sum price bid shall be full payment for all fertilizer, lime and nitrogen. No separate measurement for payment will be made for any work or materials required to accomplish a stand of permanent grass. INFESTATION: The entire project is considered to be within the limits of an insect infested area. The Contractor's attention is called to the following sections of the Standard Specifications: (A) 155 Insect Control (B) 893 Miscellaneous Planting Materials. INSPECTIONS: This project will be inspected by the Engineer or his Representative. MISCELLANEOUS DRAINAGE STRUCTURES: All miscellaneous drainage structures such as Catch Basins, Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain Inlets, Special Inlets, etc., whether standard or special design shall be paid for Per Each. There will be no separate payment for additional depth unless specifically shown as a pay item. NOTE: All Catch Basins, Drop Inlets, Manholes, exposed Junction Boxes, etc., with concrete topslabs shall include manhole rings and covers. 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. G-6 I 1 1 I I I I I I I I I I I I 1 I I I PA YMENT FOR PIPE CULVERT INSTALLATION: 1. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401. 2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" Concrete (See Georgia Standard 9031-L). 3. Payment for pipe culvert includes any required Concrete Collars (See Georgia Standard 9031-U). 4. All storm drain and longitudinal pipe shall include O-ring gaskets. PIPE CULVERTS: Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete with O-Ring gasket joints. All required pipe culverts shall be in accordance with Standard 1030-D. Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No separate pay item will be made for this material or its placement. 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 "B" 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. PROPERTY CONRNERS AND MARKERS: All right-of-way markers where required shall conform to Standard 9003. Right- of-way markers shall be flush with the finished ground-line when so directed by the Engineer. G-7 I I I 1 I I I I I I I I I I I 1 I I I REMOVING AND RESETTING OF OBSTRUCTIONS: It shall be the Contractor's responsibility to remove and reset any and all obstructions, such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns, etc., which are in conflict with construction. Contractors are responsible for the security of pets and/or personal property through the use of temporary fence if necessary. No separate payment will be made for this work except when shown as a separate pay item. RIGHT-OF-WAY AND EASEMENTS: The Contractor shall not perform any work outside the limits of the right-of-way or easements. In addition, no equipment or material shall be placed outside these areas without written permission of both the property owner and the Engineer. In the event that the Contractor elects to utilize private property for any purpose connected with the project, such as but not limited to, staging areas, equipment and/or material storage or simply as a convenience, he shall submit a written agreement to the Engineer containing vital information such as limits of both area and time the property is to be utilized and a description of the intended use. The agreement must be signed by both the property owner and the Contractor and will be reviewed and recorded by the Engineer. Such agreements must be submitted prior to the Contractor's use of the property. As directed by the Engineer or his representative, all salvageable materials, such as drainage pipe, which require removing but are not to be used on this project, are to be cleaned and stored within the right-of-way by the Contractor. These materials shall be picked up and transported by Augusta Richmond County forces. The Contractor is responsible and shall make restitution to Augusta Richmond County for materials damaged through his negligence. SAW CUTS: When matching eXIstmg 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. G-8 I I I I I I I I I I I I I I I I I I I SPECIFICATIONS, STANDARDS AND OTHER DATA: All references in this document, (includes all papers, wntmgs, documents, drawings, or photographs used or to be used in connection with this document), to State Highway of Georgia, State Highway Department, Highway Department, or Department when the context thereof means the Georgia Department of Transportation means, and shall be deemed to mean, Augusta-Richmond County, Augusta-Richmond County Commission-Council Department of Engineering Services. The data, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations and are believed to be indicative of actual conditions. However, the same are shown as information only, are not guaranteed, and do not bind Augusta-Richmond County, Georgia in any way. Only the actual quantities completed and accepted will be paid for. The attention of the bidder is specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the Georgia Department of Transportation, current edition, which will be part of this contract. This project is based on and shall be constructed in accordance with the State of Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges, current edition and any supplements thereto. All of these specifications shall be considered as though fully contained herein. In cases where conflicts arise within these specifications, they will be revised to resolve such conflict. Until the conflict is resolved, the interpretation of the Engineer shall control the situation. 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 and shall include O-ring gaskets. SUBCONTRACTORS: The Contractor shall furnish the official name of all firms he proposes to use as Subcontractors in the work. This information should be furnished at the Preconstruction Conference. However, no work shall be done on this project by a Subcontractor until the Contractor receives written approval of his Subcontractor(s) from the Engineer. The Engineer shall notify the Contractor in writing within 10 calendar days whether or not approval of the Subcontractor(s) is granted. G-9 I I I 1 I I I 1 I I I I I I I I I 1 I NOTE: All submission shall include the following information for each Subcontractor. 1) Name of Subcontracting Firm 2) Description of Work To Be Done 3) Contact Person's Name and Phone Number Copies of all submission shall be submitted to: Ms. Brenda Byrd-Pelaez Room 211 Municipal Building 530 Greene Street Augusta, Georgia 30911 TESTING OF THE WORK: The Contractor shall employ a qualified materials testing laboratory to monitor more fully the quality of materials and work and to perform such tests as may be required under the contract documents as conditions for acceptance of materials and work. THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF THE WORK. Concrete compressive strength tests are required on this project (see Section 500 of the Georgia Department of Transportation Specifications). Other tests may be required where necessary. All test results are to be submitted to the Engineer. No separate payment will be made for employing the testing laboratory for 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 minimum 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 determined by the Engineer and at locations of the Engineer'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. G-IO I I I I I I I B I I I I I I I I I I I 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 Uniform Traffic Control Devices for Streets and Highways,"current edition with added supplements and special provisions. The attention of the Contractor is specifically directed to Subsection 107.09 of the Standard Specifications regarding barricades, danger, warning, and detour signs. All temporary signs, barricades, flashing lights, striping and any other traffic control devices required during construction of this project shall meet all requirements of the M.U.T.C.D., current edition, as directed by the Engineer and be furnished by the Contractor with payment in accordance with Section 150. The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic on the travelway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. TRAFFIC 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. 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 that either are obstructions to the execution of the work and need to be moved out ofthe way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature will be handled by the utility owner. G-ll I I I I I I I I I I I I I I I I I I I 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: Parker Land Georgia Natural Gas Co Post Office Box 1426 Augusta, Georgia 30913 Telephone (706) 722-7791 Attention: Carl Pearso Bell South 3841 Wrightsboro Road Augusta, Georgia 30909 Telephone (706) 828-8500 Attention: Bert Neese Jones Intercable,Inc. 1424 Monte Sano Avenue Augusta, Georgia 30904 Telephone (706) 736-6515 Attention: Kevin O'Meara Urban Services Water & Sewer 2760 Peach Orchard Road Augusta, Georgia 30906 Telephone (706) 796-5000 Attention: Robin McMillon UTILITIES: All utility facilities which are in conflict with construction, not covered as specified items in the detailed estimate, are to be removed and relocated to clear construction by the respective owners, unless added later to the contract as a supplemental item. All "above ground" utility structures will be located as near as possible to the right-of-way line. The Contractor will not be paid for any delays or extra expense caused by utility facilities, obstructions or any other items not being removed or relocated to clear construction in advance of his work. 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 Utility Facilities" means any utility facility that exists on the highway project in its original, relocated, or newly installed position. Other than service lines from street mains to the abutting property the Contractor will not be held responsible for the cost of repairs to damaged underground utility facilities when such facilities are not shown on the plans and their existence is unknown to the Contractor prior to the damage occurring, providing the Engineer determines the Contractor has otherwise fully complied with the Specifications. The following utility owners have facilities which may conflict with construction of this project: G-12 I I I I I I I I I I I I I I I I I I I NAME OF UTILITY OWNER TYPE OF FACILITY Georgia Power Company Georgia Natural Gas Company Jones Intercable T.V. BellSouth Augusta- Richmond County 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 execution of the work and need to be moved out of the way or, if not, must be propefly 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 work area must be erected in areas where these conditions exist. G-13 I I m I I I I I I I I I o o I I I I I DEP ARTMBNT 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) Retar.'n Section 150 as written. and add the following: For this project, all references'" flag; on oonstruction w=Ung signs in the Standard Construction Details. listed below are deleted except for signs whidl are mounted at less than seven (7') feet in height (portable. . signs). Standard Construction Detai~ · Typical By.Pass Derour 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 Mt,i'TCD, Revision 3, dated September 3,1993. 150.02 WORK ZONES: Delete "Work Zones" and substitute: Temporary Traffic Control Zones. 150.02. 8,2.: Delete last sentence and substitute: 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 ro yield upon impact unless the posts are protected by guardrail, portable barrier, impact attenuatar 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 f;Q lessen the possibility of affecting the underCarriage of a vehicle. 150.03.H.CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE REQtlIRED TO BE MOt)'NTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF WARNING FUGS. 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 flag; mounted on each sign. -rc-/ I I I I I I I I I I I I I I U I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA ..---.-.... --- ......i.___~_. ;":-...=.:,;_ 150. 04.E.2.a.2.: Retain os written and add, In lane shiil: areas skip lines are not allowed. Solid lines are required. - 150.04. E.2b. 1.: Retain os written and add, In I an e shift areas skip lines are not allowed. Solid lines are required. 150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references 10 Type 9 and suhstitute Type 11 releuen). 150.10 PAYMENT: Item No. 641. Delete reference to Type 9 and substitute Type 11 (eleuen). SPECIAL PROVISION SECTION 150-TRAFFIC CONTROL Modification of Standard Specifications, 1993 Edition June 22, 1994 First Use: July 24,1994 Retain. Section 150 as written and add the followz"n.g: For this project, all references in the Standard Construction Details listed below to Type I Barricades, Type rr 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 Detail~ · 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, MisceIIaneous Details In addition, G20.I, 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 PROVrS/ON SECTION 150-TRAFFIC CONTROL Rev. J una 21, 1994 First Use: July 24,1994 Re~:August16,1994 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 shalJ be considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and removing nece.ssazy traffic signs, barricades, lights, signals, cones, pavement markings and other I:raffic control devices and shall include flagging and other means for guidance and protection ofvehicu1ar and -r-c-z I I I m I I I I I I I I I I I I '1 I I DEP ARTM:ENT OF TRANSPORTATION STATE OF GEORGIA _0. ..__...._ '. . pedestrian traffic through the Work Zone. This Work shali include both maintaining- existing- devices (excluding- Traffic Si""als) and installing additional derices as necessary in construction work Zones. \Vb en any Prorisions 0 f this S p ealicatio nor the PI ana do no t mee t th e minimum requirements of the Manual on Gnilonn Traffic Control Derices (MUTCD), the MUTCD controls. The 1988 Edition of the MUTCD and Revision 3, dated September. 1993, of Part VI shall be in e/fect for the duration of the project. - A. The Contractor shall desi""ate a qualilied indiridual as the Worksite Traffic Control Supervisor (WTCS) who shall be responsible far selecting, installing and maintaining- all traffic control devices in accordance with the Plans, Spealicacions, Special Provisions and the MUTCD. This indiridual's traffic control responsibilities shall have priorit'./ over all other assigned duties. As the representative of the Co n t'Sct,,,, th e WTC S shall have full authority to act on behal f of the Contrac>..or in administering the Trailk Control Plan. The WTCS shall have appropriate training in safe traffic control practices in accordance with Pan VI of the MUTCD. In addition to the WTCS all others making- deasions regarding trailic 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 Contractors Project Superintendent to serve as the WTCS as long as satisfactory results are obtained. The WTCS shall have a copy of the MUTCD on the job site. Copies of CUrrent MUTCD may be obtained from: U.S. Government Printing Office Superintendent ofDocwnents Mail Stop: SSOP Washingum, D.C. 20402-9328 The WTCS shall be available on a 24.hour basis as needed to maintain traffic control derices 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 shail supervise the initial installation of traffic control derices which will be reviewed by the Eng;.neer prior to the begiruting of construction. Modifications to traffic control devices as required by sequence of operations or s<aged construction must be reriewed by the WTeS. 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 reflectonzation for construction (black on orange) signs, object markers, and channelization devices shail meet the requirements of Section 913, Type IT 0 r III unless 0 therwise specified. All other signs shall meet the requirements of Type r unless otherwise specified. D. No work shail be started on any project phase until the appropnate traffic control derices have been placed in acoordance with Project requirements. Changes to traffic flow shall not CO=ence unless all labor, materials, and equipment necessary to make the changes are available on the Project. E. The Contractor shall secure the Engineers approval of the Contractor's proPosed plan of ope'Stion, 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 ope'Stion 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. ~C-3 g I I I I I I I I I I I I I I I .1 I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA ..-.-. .-.... Some additional traffic con tro I de tails will be required plio r to any m~or 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 MfJ"TCD, Plans, Special Provisions, and ocher signs as required to fit conditions. 3. The method to be used in, and the limits of. the obliteration of conrlicting lines and markings. 4. Type, location, and extent of new lines and markings. ;). Hori:ontal and vertical alignment and superelevation ra~s for detours, including cross section and pronle g-rades 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 tiz:le, duration and date of planned change. 9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropria~, detailing workforce, matmials, and equipment necessary ro accomplish the proposed work. This will be the minimUI::l 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 anticipaced traffic shift. The Contracror shall have traffic control details for a traffic shift which has been approved by the Engineer prior to commencement of the physical shift. .AJl prepararory work relative ro 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 priorto the Contractor obtaining materials for the actual traffic shift. F. Traffic cont:'ol 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. AIL unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic control devices shall be removed, placed aT 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 reser-res 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 fol1owing means and materials: 1. Portable advance warning signs as required by the contract or meeting the requirements of the M'lJ'TCD 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" TC-tt;Z I I I I I I I I I I I I o D D I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA . .'---. - --.------- ~-.. wide with not less than IS lamps used for the arrow; The arrow will occupy virtually the entire size of the arrow panel arid shall have a minimum legibility distance of one mile. The minimwn legibilieydistance 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 ;yflrrCD. 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 wiI! 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 MUTCD and Subsection 150.05. 5. necast 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_~ B. LA.:.'VE CLOSURES: 1. AI! lane closures shall have prior approval of the Engineer. Lane closures that require same direction traffic to be split around the Work..<\rea 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. Channelization device spacing in the first 100 feet orthe temporary gore shall be 25 feet. 3. Termination ..<\rea: 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 th.e 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 of time ot" as directed by the Engineer. C. TRAFFIC PACING METHOD: 1. PACING OFTR.:\.FFIC: With prior approval tromthe Engineer, traffic may be paced allowing the Contractor up to ten (10) minutes maximum to work in 01" 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 ofpa.cing. The police officer, Engineer, and flaggers at ramps shall be provided with a radio which will provide continuous contact with the Contractor. . TC-.s- I I I I I R I I I I I I I I I o o I I ~J;;.4 ^A~MJ:NT 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 slowin~ the traffic thereby providin~ a ~ap in triunc allowin~ the Contractor to perform the Work. Anyon-ramps between the pace and the work area shall be blocked duzin~ pacin~ of l:rafIic, w;th a Bagger properly dressed and equipped w;th a S to p/Slow paddle. Each ramp should be opened after the police vehicle has passed. - Pilot vehicles shall travel at a safe Pace speed, desirably no t I ess 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 durin~ pacin~ except in extreme cases as approved by tlie' 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 incb) with a Type "B" flashing- lig-ht, with the leg-end "TRAFFIc SLOWED AHEAD SHORT DELAT (See Detail150-A). A portable chang-eable messag-e sig-n may be used in lieu of the W-special sign. On divided hi~hways 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- Iig-ht and reveal the sig-n. When traffic is not being- paced, the flashing- lig-ht shall be turned off and the sign covered or removed. W.special signs are reflectorized black on orange, Series "e" letters and border of the size specified. ~c-c I I I I I I I I I I I I o I o I .0 o I J.n::.rAKTMENT OF TRANSPORTATION STATE OF GEORGIA r~ ,. 'LJ.SHuc L.I CUT CJf TlW'rJe SIO[ - 1- ~11f II~- aotx. J" -..a II.S 5.:3- 1 t.!a- ,- IZ- 11- 5E11. ~ 7z- ....tJ ~ i?l ~ ~ ~ ~ 10- r sZ. 1 10- ~~@I~@ IS. 1 42- .,-,5- i?lUdJ~~@ ~~@~ ,_@.~~~ W t..-1. ~~. l'j- ,- 11. Il. D. -C. J-s.-tCIAL Sl~ (T'tlil"aU.ln' ~ r w:u.r [0 I ,- 12. ll- stll. .C- S 1 C)4 $,HAL. L H.l't1: sua L[ ct!Cl .uc BOtto CIC CJWc:iC: REFLCCTatlZ'ED aACX~Q DETAIL 150-A - .- I- I- stR. -e- ,- 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 con.struction 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 PT'otection, workers in or adjacent to traffic during nighttime operation shall wear retlectorized vests. /c:'-7 I I I I I I I I I I I I I I I I I I I lJl:t' ARTMENT OF TRANSPORTATION STATE OF GEORGIA I. The parking of Contractor's and/or workers personal vehicles within the work area or a<iiacent to traffic is prohibited. J. The Worksi'" Traffic Control Supervisor CWTCS) shall monitor the work to ensure that all the racks, boulders, construction debris, stockpiled materials, equipment, tools and other Potential hazards are kept clear of th e tra vel way. These items shall be stored in a location, in so far as practical, wh ere they will not be subject to a vehicle running off the road and striking them. K. All existi.,g pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate changes to existing walkw-ays, temporary walkways shall be provided and maintained, with appropriate si:;ns as necessary, to allow safe passage of pedestrian traffic. 150.03 SIGNS: A. When required for praper 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. E:cisting 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. .>\..Il construction warning signs shall be removed within seven calendar days ar-..er 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 suppor..s which are to be removed shall be stored and protected as direc--...ed 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 wit.1 the MtJTCD, 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, ete.) equal to that "of the existing signs, or of Subsection I50.03.E.S. Differing legend designs shall not be mixed in the same" sign. 1. SPECLU GlJ1DE SIGNS: Special guide signs are those expressway or freeway guide signs that are designed with 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 anew, non~ontlicting location which has been approved by the Engineer. 2. INTERIM S?ECLU GlJ1DE 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. rflighting is required the sign shall be lighted as soon as erected and shall remain lighted, dUring the hours of darkness, until the interim sign is no longer required. The Contractor shall notify the Power Company at least thirty (30) days prior to desiring connection to the power source. "TC-& I I I I I I I I I I I I I I I I I I I ." 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 incl uded in the contract. shall be accomplished as soon as practical to minimize the USe of interim special guide signs. If lighting is required by the Plans. all new permanent overhead special guide signs shall be lighted as soon as erected. o. [nteric special ""ide signs thac may be "quired in addition to, or a replacement for, 'xistin~ expressway and freeway (interstate) signs oust be designed and fabricated in compliance with the minUn= requirements for guide signin~ contained in Part 2E "Guide Signs ExpresswayS" and Part 2F "Guide Signs Freeways" of the MUTCD. 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. MATERLUS - INTERIM SIGNS: I. POSTS - Posts for all interim signs shall mee t ~., e requirements of Section 91I 'xcep t 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 BL~'-i1(S AND PA.;.'\ffiLS - All sign bla.n.b and panels shall conform to Section 912 of the Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1 and Type 2 sign blanks shall have a minimum thickness 0 fa. 08 inches re~ardless 0 f the sign type used. Alternative sign blank materials (composites. poly carbonates, fiberglass reinforced plastics, rec-/c!ed 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 inta the work. Signs shall be painted ta prevent rust if other oetals are used in lieu of aluminum. PlYWood blanks or panels will not be permitted. G. All 'xi.s",,~, In",r'~'!l and new permanent signs shall be installed so as to be completely visible for an advance distance in cocpliance with the MGl'CD. Limbs, brush, construction equipment and materials shall be kept clear of the driver's line of sight to the signs. H. Advance wamin~ signs shall be placed ahead of construction in accordance with Part VI of the MUTeD and shall ine! ude a seri es 0 f at I east three advance road construction (W20- IJ signs pi aced at the termini of the project. The series shall have the legend ROAD WORK (1500 FEET,lOOO FEET, A..."fD 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend ROAD WORK (2 MILES, 1 MILE, AJ.'ID li2 MILE.) On-ramps and at grade intersecting roadways shall be signed with a minimum of one ROAD WORK..illEAD sign. All construction warnin~ signs shall have two 18 inch x 18 inch Quorescent red-<Jran~e or oran~e-red warning flags mounted on each including the project construction signs (G20.1 and G20-2.'-\J Project mileage indicated on the G20-r" sign shall be the actual project mi1e~e rounded up ta the nearest whole mile. All construction warning signs on divided high ways shall be double indicated (i.e., on the left and right sides of the roadway.) I. The sequential or flashing arrow panels shall be placed on the shoulder at or near the point where the lane dOsing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable support. Vehicle mounted panels shall be provided with remote controls. Minimwn mounting height shall be seven feet above the roadway ta 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 MUTeD. Y-c- ~ I I I I I I I I I I I I I I I a I I I lJ1::PARTMENT OF TRANSPORTATION STATE OF GEORGIA K. The flashing beacon assembly, when SPecified, shall be used in col\iunction 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 pat"~m pavement markings in accordance with Section 652 and in conformance with Section 3A and 3B, except 3B-3 and 3B-5, of the Mti"TCD 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, unsatisfactory in the judgement of the Engineer due UJ wear, weathering, _ or construction activities, they shall be restored immediately. On resurfacing projec""...s 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. MATERLUS:.4l1 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 modi11ed herein. Raised pavement markers (RPMs) shall meet the requirements of Section 654. Markings on the final surface course whicn 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 directad by the Engi.neer. Partial (skip) reflectorization (Le. 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 marki"lgs in the final lane configuration at the earliest possible stage. Inappropriate or conflicting existing pavement markings shall be removed. \Then 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 int:arference wi th traffi c. 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 elil:tin.ating conflict".ng markings and the in place asphal tic 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 final surface and is open to traffic, one calendar day is allowed for cleaning and drying before the installation of RPMs is required. /c-/c;; I I I I I I I I I I I I I I I I '1 I I lJbi" AKTMENT 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 (RPMs) shall be placed and/or maintained on intermediate pavement surfaces opened to traffic as foIIows: a. SUPPLEMENTING LANE LINES: 80 foot centers on skip lines with curvature less than three degrees. ancludes tangents.) 40 foot centers on solid lines and all lines with curvature between three degrees and six degrees. 20 foot centers on curves over six degrees. 20 foot centers on lane transitions or shifts. b. SUPPLEMENTING R..-\J.\fP GORE LINES: 20 foot centers, two each, placed side by side. c. OTHER LINES:. A..s 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 foHows: a. SUPPLEMENTING LA.J.\J"E LINES A:.~ SOLID LINES: 40 root centers except on lane shifts. (When required in the Plans or Contract.) 20 foot centers on lane shirl:s. (Required in all cases.) b. ST.TPPLEMENTING DO(]BLE SOLID LINES: 40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans or Contract.) .20 foot centers on lane shifts. (Required in all cases.) RPMs are IlQ.t allowed on right edge lines. E. EXCEPTIONS FOR INTERIM MARIaNGS: Some exceptions to the time of placement and pattern ofmarlcings are permitted as not:c!d below, however, full pattern pavement markings are required for the complet:c!d project. 1. TWO-LA.J.\fE, TWO-WAY ROADWAYS a. SKrP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes shall be at least four feet long with a maximum gap of 36 feet. On curves greater than six degrees, a two-foot stripe with a ma.--amum gap of 18 feet shall be used. In lane shift areas skip lines win not be allowed. Solid Lines wiII 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. ~c-// I I I I I I I I m I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA. Interim raised pavement markers may be substituted for the interim skip (broken) stripes. Ifraised pavement markers are substituted for the foul" 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 identiiied by using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" ::c 30") at the begin..'1ing and at intervals not to exceed 1/2 mile within each no-passing zone. A post Or portable mounted PASS MTH CARE regulatory sign CR4-1 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. Por...able 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 inter.:nediate surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that are in use for a period ofless 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, edgeIines 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 bridg-e 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 sunace was placed. d. MISCELLAl.VEOUS PA'VEMENT MARKINGS: School zones, railroads, stopbars, symbols, words and other si.m:ilar 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 wi11 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-~"lE HIGh'"WAYS - WITH NO PAVED SHOTJLDER(S) OR PAVED SHOULDER(S) FOUR FEET OR LESS a. UNDIVIDED HIGHWAYS (INCLUDES PA YED CENTER TURN LANE) (1) Centerlines and No-Passing Barrier - FuI1 pattern centerIines and no-passing barriers shall be restored before nightfall. /c-/z I I I I I I I I I I I I I I I I 'I I I lJU ARTMENT OF TRANSPORTATION STATE OF GEORGIA (2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.l.a. may be used for periods not to exceed three calendar days. (3) Edg-elines - Edgelines shall be placed on intermediate and final surfaces within three calendar days of obliteration. b. DIVIDED fIIGHWAYS (GlV..sS OR R..oUSED MEDL~'l) (1) Lanelines . Full pattern skip stripe shall be restored before nightfall. (2) CenterlinetEdgeline - 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.l.d. 3. LIMITED ACCESS ROADWAYS A.J.'ID ROADWAYS WITH PAVED SHOULDERS GREATER TEAl\; FOUR FEET a. Same as Subsection'150.04.E.2. except as noted in (b) below. b. EDGELINES_ (1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and final surfaces prior to opening to traiRc. (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 PA'VEME.N"T M.<L-qIaNGS: The Contractor shall furnish layout, dean 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 marki.'"lgs. Pavement markings shall re-establish No-Passing Zones in the locations and configuration that e.:tisted prior to construction. Existing No-Passing Zones shall be clearly identified as to location prior to construction by staking or erection of DO NOT P.-'\SS and PASS WITH CARE signs. On new location projects and on projec;<-..,s where either horizontal or vertical alignments have been modified, the location of No-Passing Zones will be identified by the Engineer. . G. MOBILE OPER..-\TIONS: 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 MV'TCD: 1. A lead vehicle is required for two-way traine conditions and shall have an approved sequential or flashing arrow panel mounted so as to be easily visible to oncoming traffie. 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 shan be mounted so as to be easily visible to oncoming traffic. The work vehicle shall fonow 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 mountad on the rear. / c::: -/.5 I I I I I I I I I I I I I I I I I I I lJEPARTM:ENT OF TRANSPORTATION STATE OF GEORGIA 4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the protection vehicle shall also display a prominent sign with the legend PASS ON LEFT (RIGHT). On interstate and limited access roadways, the protection vehicle shall be equipped with a truck moun~d attenuatDr (TM.:\.) 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. GENER.-ti.: Channelization should clearly delineate the travel way through the work zone and alert" drivers and pedestrial1s to conditions created by work activities in or near the travel way. Channelizacion shall be done in accordance with the plans and specifications, the MUTCD, 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 rerlectorized as required in Subsection 150.0l.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) TRA..l."TSITION TAPERS AJ.'ID IA..'1"E CLOSURES: Drums shall be used on all t:'ansition 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 of lateral 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 otherRise approved or direc'"..ed by the Engineer. Drums shall be placed the full length of the taper spaced at ma:dmum 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 = WS2/60. Greater taper length shall be used when required for individual situations. DrJIIlS with steady burning lights, for the length of the taper only, are required if the condition exists into the night. (b) LONGITUDINAL CHAJ."TNELIZATION: 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 M.L\..'TIMUM:: (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.. "/c-/~ I I I I I I I I I I I I I I I I "I I I 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 tnvellane. (3) 200 FOOT S?ACING MA."TIMtTM: 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. wnen 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 PA;.'1ELS: (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 MUTeD. (2) APPLICATION: Lane encroachment by the drum on the travel way should permit a remaining lane width often feet. men encroachment reduces the travelway 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:.AJ.I cones shall be a minimum of28 inches in height regardless of application and shall meet the requirement of the MlJTCD. (2) APPUCATION: 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 r and Type II barricades will not be permitted. Type III barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized as required in Subsection l50.0l.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 MUTCD. (2) APPLICATION: (a) Type A low-intensity flashing lights shall be used as shown in the Plans, the Standards, and as directed by the Engineer. Flashing lights are not required for advance warning signs in Subsection 150.03.H. -r-C-/5 I I I I I I I I I I I I I I I I "- I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (b) 'I}1>e C Steady-Bum lights shall be used on all tapers when the condition eJ:isU into the nigh~ 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: Ponable Baniers shall meet the requirements of Section 622 _ PRECAST CONCRETE BARRIER. " (2) APPUCATION: Portable Baniers shall be plaoed as required by the plans. standards, and as directed by the Engineer. When Ponable Banier is located 20 feet or less from a f:r<!vel lane, yellow retlectors 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-mount:<!d sealed prismatic reflex reflectors housed in an aluminum baclci."lg- with a sing-Ie grOID.meted hole. Approach end of Portable Barrier shall be flared or protected by an impact attenuator (crash cushion) or other approved treabnent 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 separat:<!d by less than 40 ft., precast concrete barrier shall be used as a separator. B. TEMPORARY S~\ffi LOADED ATTENUATOR MODULES 1. D ESCRlPTI ON: 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. MATERLo\LS: Materials used in the Attenuatar 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. CO NSTRcrCTI ON: Temporary Sand Loaded Attenuatar Modul e installation shall conform ta 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. MA TERL'U.S: Materials used in the Attenuatar shall meet the requirements of Section 650 for Type A Portable Impact Attenuators. 3. CONSTRUCTION: Portable Imp3ctAttenuator 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. ~c-/~ I I I I I I I I I I I I I I I I I I I J.JJ:.~A.KTM.C.NT OF TRANSPORTATION STATE OF GEORGIA 2. M.\TERL'li..S, 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. 1'faterials salvaged from 1:be Project which meet the requirements of Standards may be utilized if available. The use of any salvaged materials will raquire 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 appur..enances to effect the t="ansition and connection to Temporary Concrete Banier as required by the details in Georgia Standard 4960. 150.05 EXCAVATiON ADJACENT TO A TRA VEllAN E: Construction wo rk involving ,,"ench ing aeliacent. '" a travel Way shail not begin until the Contrac"'r is able", continuously place ~'e required typical section to within two inches of the existing pavement elevation, or heal the remaining difference in elevation to t.~e traveled way as shown in Detail150-E. Channelization devices and placement dUring the construction period shall conform to the requirements of Subsection 150.05 and Details lSO-B, lSO-C, ISO-D, and 150-E shown herein. In addition to ~'e signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT) (RIG HTJ LA. 'IE NARROWS" with two flags shall be kep t just off th e paving edge and 500 feat ups,,"eam of the poi....1.t where channelization devices are erected on the paving edge. A. STOl'i"E BASES, SOIL AGGREGATE BASES. .A..!.'ID SOIL BASES: Drop~ffs in elevation of more than two inches between surfaces carrying, or adjacent to, traffic will not be allowed for more than 24- hours. Eowever, where the Contractor has demonstrated the ability to continuously excavate and backfJI 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 BASESlBINDERS, Drop."ffs in elevation of more than two inches be~.veen surfaces carr.!ing or adjacent to traffic will not be allowed for more than 48 hours. C. PORTLA,'IlJ CEMENT CONCRETE .-l...'IlJ 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 '.viII be in accordance with Subsection 150.05 and DetailI50-B. D. MISCEL~'{EOUS EXCAVATIONS OR DROP-OFFS iJJJACE~"T TO TRA VELWAY: Work such as drainage structures, utility facilities, or any other work which results in a drop-off adjacent to the tTavelway shaIl be performed expeditiously so as to minimize the exposure to the hazard. As soon as practical. the excavation shall be back...'i..l1ed to the minimum requirements of Detail 150-E. In no case will the drop~tfbe allowed to exist more than Bve calendar days. This may require stage construction, such as plating and back...'i..11ing the incomplete work. -rc- /7 I m I I I I I I I I I I I I I I I I I ~4;,4 ~.L.Ml:.NT U1:'- TRANSPORTATION STATE OF GEORGIA - NOTEJ Orums r-eQUrr-ed for Thf.5 10COTron..sooeed OT. SO FT.lnterva/s. If The troveled way wfdTt't rs '-educed to less than 10 feeT by The use of drums. ver-tlcal panels St'Iall be used rn Ir eu 0 f dr-um.s. Locatron of drums when drop-off exceeds 4 rncnes. ----------\ . . ------------- ~ t NEW CONSTRUCTION + ~ TRAVEL LANE DROP-OFF CREA TER THAN 4 INCHES DETAIL r50-8 Or-urns spaced ot 50 feet rnter-va/s. Locotlonof drums when drOP-off rs 2+ rnc:nes to .. InChes. _1:..::.::.______\ -----------\ 1( t .+ NEW CONSTRUCTION TRAVEL LANE ~ DROP-OFF OF 2+ INCHES TO 4 ~CHES DETAIL ISO-C / ~-/t? I I m I I g I I I I I I I I I I I I I -- - --......y......J..,.J. vr J.l'V\.NSPORTATION STATE OF GEORGIA O"'ums SDac.,d at 100 f.,e1' rnte,..va/s. < t Comoacted Q"'aded aQo",.,oat.,.subbase mate,..ral a,.. dT,..t. NO STEEPER THAN 4:1 ~ < t - Locotron of drl.6ns when d",oo-off rs 2 rnches or less. NEW CONSTRUCTION : ~f~,,:~______\ -----------\ + TRA VEL LANE ~ DROP-OFF OF 2 INCHES OR LESS DETAIL 150-D LocatIon of dr-urns Immedrote/y ofte,.. como/atTon of heolad sectIon. Spocad at 50 ft. Intar-vols. TOP OF DRUM TO BE LEVEL NEW CONSTRUCTION HEALED SECTION DETAIL ISO-E 2 ft. +/- I \ ---------- ------------ + TRAVEL LANE ~ /c-/? I I I I I I I I I I I I I I I I I I I ---........."" J. vr .L~SPORTATION STATE OF GEORGIA 150.07 FLAGGING AND PILOT CARS: - A. Flaggern shall be prov;ded as required'" handle traffic, as SPecified in the Plansor 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 Pl'Ogl'am. Failure '" prov;de c'rtified fiaggers as required above shall be reason far the Engineer Suspending war. involving the flagg-ens) Wltil the Contractor provides the certified flagg-er(s). C. Flagg.,., shall wear high-visibil ity clo thing in compliance with the MUTCD and shall use a S toplSlow paddle meef",g th e requiremen ts a f the MUTCD far contro II ing traffic. Th e S "'p/SI ow paddles shall have a shaft I 'ngth of seven (7) feet minimum. In addi tion '" th e S to p/S I ow paddle, a flagg,r may use a 24 inches square red/orange flag as an additional dev;ce to attract attention. For night work, the vest shall have reflectorized stripes on front and back.. D. Pilot vehicles shall be prov;ded if specified in the Plans or Specifications and meet the requirements of the MUTCD. E. Signs for flagger traffic can"" I shall be placed in advance 0 f the flagging operation in accordance with the MUTCD. In addition to the signs required by the MUTCD, signs at regular int.rvals, warning of the presence of the flagg,r shall be placed beyond the point wh ere traffic can reasonably be expected ta stop Wlder the most severe conditions for that day's work. 150.0a ENFORCEMENT: The safe passage of pedestrians and traffic through and around the temporary traffic control zone, while minimizing COnfusion and diSTUption '" traffic flow, shall have priority over all other Contractor acev;ties. Continued failure of the Contrac'..or to comply with the requiremen ts of Section 150 C'l'RAl, ,1 C CONTRO LJ will resul t in non-refundable deductions of monies from the Contract as shown in this Subsection for non-performance onVork. Fail ure of th e Co n trac'" r to comply wi th th is 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 wi thholding payment of monies due th e Con tractor for any wo rk on the P-roject until traffic control deficiencies are corrected. These other actions shall be in addition '" the deductions for non-performance of traffic control. /C-co I I I I I I I I I I I I I I I I I I' I --- -'oJ4UK1ATION STATE OF GEORGIA SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF OEFICIENCIES OF TRAFFIC CONTROlINSTAlLA.TION AND/OR MAINTENANCE - ORIGINAL TOTAL CONTRACT AMOUNT From More Than To and IncludinE; Daily Ch~e SO S100.000 S100 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: men listed as a pay item in the Proposal, payment will be made at the LlU!lp SlU!l price bid, which will include all traffic control not paid for separately, and will be Paid as follows: Wh en th e firs' Construction Repo rt is submitted, a payment of 25 (twen 0/_ five) percent of the Lump SlU!l price will be made. For each progress payment ~"ereafter, the total of the Project percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid aess previous payments), not to exceed one hundred (100) percent and subject to normal retamage. When no payment item for Traffic Control.Lump Sum is shown in the Proposal, all of the requiraments of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of complYing..;L, these requjrements 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 fool 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 tiz::1e regardless of the number of moYes required. 2. Remove and reset e:dsting SPecial guide signs, ground mount or overhead, complete, in place, will be measured for payment per each. Payment will be made only one time regard] ess of the number of moves required. 3. Modify special guide signs, ground mount or overhead, will be measured for payment by the square fOOl 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. -r-~z/ I I I I D I I I I I I I I I I 9 I I I -........ ~.L.M.l::..NT UF TRANSPORTATION STATE OF GEORGIA C. PRECAST MEDIAN BARRIER: Precast Median Bartier will be measured as specified in S_oo 622. D. C!IA..'1GE:ABLE MESSAGE SIGN. PORTABLE: Changeable Message Sign, Portable will be measured as Specified in Section 632. - E. TEMPOR.4...~Y GUARDR.-\IL ANCHOR.~GE. 'l'ype 11: Temporary Guardrail Anchorage. 'l'ype 11 ";11 be measured by eac.'> assembly, complete in place and accepted according", the details shown in the plans. which 5 hall also incl ud e th e addi tional guardrail and app Urtanances necessazy for tran.sition and connection'" Temporazy Concrete Bartier. Paymeot shall include all necessazy matenals, equipmenc, labor, site preparation, maintenance and removal. F. TRAFFIC SIGNA!, INSTALLATION - TEMPORARY: Traffic Signal Installation. Temporazywill be measured as specified in Seccion 647. G. FLASHL'lG BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in Section 647. H. TEMPOMRY. &\N!) LOADED ATl'ENUATOR MODULES: Each Sand Loaded Attanua"'r Module of the type specified indudes all material COm ponents; 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'" replace those damaged or destroyed by traffic impact will also be measured by the unit for paymen~ Upon Completion of the project, the modules shall be removed and retained by the Contractor. I. PORTABLE IMPACT ATl'ENUATORS: Each Portable Impact A ttanu a"'r will be measured by the unit which shall indude all material components, hardware. incidentals, labor, site preparation, and maintenance, induding spare Parts recommended by the manufacture for repairing minor accident damage. Each unit will be measured on] yonce regard] ess of the number oflocations install ed, moves required, or numb er of re pairs necessazy because 0 f traffic damage. Upon camp I etion of the projec~ 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 folIowing 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, Sldp Traffic Stripe_Inch, (Color) ...,.......... per Linear Mile Item No. 150. Traffic Control, Solid Traffic Stripe, Thermoplastic Inc.'>, (Color) ........................... per Linear Mile Item No. 150. Traffic Control, Skip Traffic Stripe, . Thermoplastic Inch, (Color) ....................:...... per Linear MDe Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors ................. per Each Item No. 150. Traffic Control, Raised Pavement Markers _ All 'l'ypes . . . . . . . . _ . . . . . . . . .. 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 T~ZZ I I I I I I I I D I I I I I I I I I I ----.'4 "'... .u"JV~~PORTAnON STATE OF GEORGIA Item No. 150. Remove & Reset Existing Special Guide Signs, Grotmd Moun~ Complete in Place. . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . " per Each - Itam No. 150. Remove & Reset, Existing Special GUide Signs, Overhead,Complete in Place ..................................... Per Each Item No. ISO. Traffic Control, Temporary Sand Loaded Attenuator Modules. ........... per Each Item No. 150. Traffic Control, Portable Impact Attenuator. . " " . . . .. . . . . . . . .. . . . . " " Per Each Item No. 150. Traffic Control, Pavement Markers, Words and Symbols. . . . . . . . . " per Square Foot It.m No. 150. . Traffic Control, Pavement An-ow (Painted) With Raised Refiec:tnrs ........ per Eacli . Item No. 150. Moduy Special GUide Sign, Ground Mount. " . .. . . . . . . . . . . . . . " '. per Square Foot It.m No. 150. ModUy Special Guide Sign, Overhead ........................... per Square Foot Item No. 522. Precast COnaeteMedian Banier. .. . . .. . . ..... . .............. '" per Linear Foot Item No. 532. Changeable Message Sign, Portable .................................. per Each lteoi No. 541 Temporary Guardrail Anchorage,Type 11 ............................. per Each Item No. 547. Traffic Signal Installation, Temp. .. . . . . . .. . .. . .. .. . .. . .. . .. .. .. .. .. . Lump Sum I tem No. 547. Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . .. . .. . . . . . .. " per Each Item No. 547. Flashing Beacon Assexnbly, Cable Supported . . . . . . . . .. . . . . . . . . . . . .. . . .. per Each 7C - Z. 3