HomeMy WebLinkAboutKamell West Subdivision Drainage Improvements
Augusta Richmond GA
DOCUMENT NAME: IS {A Y'leJ \ WQ..S-\ :;0 'cd' \ V\ <;:'()'f\
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DOCUMENT TYPE: Co n-lro... c.l
YEAR: (q 0LP
BOX NUMBER: )
FILE NlfMBER: I r; 13 ~
NUMBER OF PAGES:
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~'7~
CONTRACT DOCUMENTS~
FOR
..<(
KAMELL WEST SUBDIVISION
DRAINAGE IMPROVEMENTS
PROJECT NO. 55-8397-095
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LIST OF PROJECT DOCUMENTS
KAMELL WEST SUBDIVISION DRAINAGE IMPROVEMENTS
project Number: 55-8397-095
SECTION PAGES
Instruction to Bidders IB-l thru IB-3
Georgia Prompt Pay Act PPA-l
Minority and Economically
Disadvantaged Business Support ME-l
Special Conditions
SP-I
A-I thru A-4
1 thru 33
SC-I thru SC-2
P-I thru P-2
G-I thru G-Il
TC-l thru TC-23
1 thru 3
Agreement
General Conditions
Supplementary Conditions
Proposal
General Notes
Traffic Control Specifications
Plans
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SECTION IB
INSTRUCTION TO BIDDERS
IB-Ol
GENERAL
All proposals must be presented in a sealed envelope,
addressed to the Owner. The proposal must be filed with the
Owner on or before the time stated in the invitation for bids.
Mailed proposals will be treated in every respect as though
filed in person~and will be subject to the same requirements.
Proposals received subsequent to the time stated will
be returned unopened. Prior to the time stated any proposal
may be withdrawn at the discretion of the bidder, but no
proposal may be withdrawn for a period of sixty (60) days after
bids have been opened, pending the execution of contract with
the successful bidder.
IB-02
EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy
himself as to the nature and location of the work, the
conformation of the ground, the character, quality and quantity
of the facilities needed preliminary to and during the
prosecution of the work, the general and local conditions, and
all other matters which can in any way affect the work or the
cost thereof under the contract. No oral agreement or
conversation with any officer, agent, or employee of the Owner,
either before or after the execution of the contract, shall
affect or modify any of the terms or obligations therein.
IB-03
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans,
specifications or other prehid documents will be made to any
bidder orally.
Every request for such interpretation should be in
. .writing addressed to the Director of Public Works, i815 Marvin
Griffin Road, Augusta," Georgia 30906, _ and to be given
consideration must be received at least five days prior to the
date fixed for the opening of bids. Any and all such
interpretations and any supplemental instructions will be in
the form of written addenda to the specifications which, if
issued, will be sent by certified mail with return receipt
requested to all prospective bidders (at the respective
addresses furnished for such purposes), not later than three
days prior to the date fixed for the opening of bids. Failure
of any bidder to receive any such addendum or interpretation
shall not relieve such bidder from any obligation under his bid
as submitted. All addenda so issued shall become part of the
Contract Documents.
IB-l
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IB-04
PREPARATION OF BIDS
Bids shall be submitted on the forms provided and
must be signed by the bidder or his authorized representative.
Any corrections to entries made on bid forms should be
initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid
forms, unless specific directions in the advertisement, on the
bid form, or in the special specifications allow for partial
bids. Failure to quote on all items may disqualify the bid.
When quotations on all items are not required, bidders shall
insert the words "no bid" where appropriate.
Alternative bids will not be considered unless
specifically called for.
Telegraphic bids will not be considered.
Modifications to bids already submitted will be allowed if
submitted by telegraph prior to the time fixed in the
Invi tation 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 ther~of who will affix the corporate seal to the
proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-05 BASIS OF AWARD
The bids will be compared on the basis of unit
prices, as extended, which will include and cover the
furnishing of all material and the performance of all labor
requisite or proper, and completing of all the work called for
under the accompanying contract, and in the manner set forth
and described in the specifications.
Where estimated quantities are included in certain
items of the proposal, they are for the purpose of comparing
bids. While they are believed to be close approximations, they
are not guaranteed. It is the responsibility of the Contractor
to check all items of construction. In case of error in
extension of prices in a proposal, unit bid prices shall
govern.
IB-2
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IB-06
BIDDER'S QUALIFICATIONS
No proposal will be received from any bidder unless
he can present satisfactory evidence that he is skilled in work
of a similar nature to that covered by the contract and has
sufficient assets to meet all obligations to be incurred in
carrying out the work. He shall submit with his proposal,
sealed in a separate envelope, a FINANCIAL EXPERIENCE AND
EQUIPMENT STATEMENT, giving reliable information as to working
capital available, plant equipment, and his experience and
general qualifications. The Owner may make such investigations
as are deemed necessary to determine the ability of the bidder
to perform the work and the bidder shall furnish to him all
such additional information and data for this purpose as may be
requested. The Owner reserves the right to reject any bid if
the evidence submitted by the bidder or investigation of him
fails to satiSfy the Owner that such bidder is properly
qualified to carry out the obligations of the contract and to
complete the work contemplated therein. Part of the evidence
required above shall consist of a list of the names and
addresses of not less than five (5) firms or corporations for
which the bidder has done similar work.
IB-07
PERFORMANCE BOND
At the time of entering into the contract, the
Contractor shall give bond to the Owner for the use of the
Owner and all persons doing work or furnishing skill, tools,
machinery or materials under or for the purpose of such
contract, conditional for the payment as they become due, of
all just claims for such work, tools, machinery, skill and
terms, for saving the Owner harmless from all cost and charges
that may accrue on account of the doing of the work specified,
and for compliance with the laws pertaining thereto. Said bond
shall be for the amount of the contract satisfactory to the
Owner and authorized by law to do business in the State of
Georgia.
Attorneys-in-fact who sign bonds must file with each
copy thereof a certified and effectively dated copy of the
power 'of attorney.
IB-08
REJECTION OF BIDS
These proposals are asked for in g.ood faith, and
awards will be made as soon as practicable, provided
satisfactory bids are received. The right is reserved, however
to waive any informalities in bidding, to reject any and all
proposals, or to accept a bid other than the lowest submitted
if such action is deemed to be in the best interest of the
Owner.
IB-3
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GEORGIA PROMPT PAY ACT
This contract is intended by the parties to, and does, supersede
any and all provisions of the Georgia Prompt Pay Act, O. C. G.. A.
section 13-11-1, et seg. In the event any provision of this
Contract is inconsistent with any provision of the Prompt Pay
Act, the provision of this contract shall control.
NOTICE
All references in this document, which includes all papers,
writings, drawings, plans or photographs to be used in connection
with this document, to "Richmond County Board of Commissioners"
shall be deemed to mean "Augusta-Richmond County Commission-
Council and all references to "Chairman" shall be deemed to mean
"Mayor".
PPA-1
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MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County-
Council to increase the involvement of qualified minority and
economically disadvantaged businesses in the contracted work
of County Government.
In an effort to support this intention, this
project is offered to all qualified firms. The bids will be
evaluated based on qualifications, price and construction
time . With' all other items being considered equal, the
contract, if awarded will be awarded to a minority and
economically disadvantaged firm or a'firm that has included
such firms as subcontractors on this project.
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The bidders shall include with their bid a
statement of qualification for themselves and/or any
qualified subcontractors explaining why they should be
considered a minority or economically disadvantaged firm. If
the firm does not fall into this category, no information is
necessary.
ME-l
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SCOPE:
KAMELL WEST SUBDIVISION DRAINAGE IMPROVEMENTS
Project Number: 55-8397-095
SPECIAL CONDITIONS
This proj ect includes the complete installation of a
replacement drainage system south of Dunnington Place.
The project. includes labor, equipment, materials, and
supervision necessary to properly complete this project.
SP-l
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SECTION A
AGREEMENT
THIS AGREEMENT, made on the ___ day of
19___ by and
between
Auqusta-Richmond County Commission-Council
party of the first part, hereinafter called the OWNER, and
Nordmann Contractinq. Incorporated
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:
Kamell West Subdivision Drainage Improvements
Project Number: 55-8397-095
and in accordance with. the requirements and provisions of the
Contract Documents as defined in the General and Special
Conditions hereto attached, which are hereby made a part of
this agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work to be performed under this Contract shall be
commenced within ~ calendar days after the date of written
notice by the Owner to the Contractor to proceed. All work
shall be completed within ~ calendar days with such
extensions of time as are provided for in the General
Conditions.
It is hereby understood and mutually agreed, by and
between the Contractor and the Owner, that the date of
beginning, rate of progress and the time for completion of the
work to be done hereunder are ESSENTIAL CONDITIONS of this
contract. Contractor agrees that said work shall be prosecuted
regularly, diligently j 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-1
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IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO .
COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the
Contractor does. hereby agree, as a part of. the consideration
for the awarding of this contract, to pay the Owner the sum of
Five Hundred Dollars ($500), not as a penalty, but as
liquidated damages for such breach of contract as hereinafter
set forth, for each and every calendar day that the Contractor
shall be in default after the time stipulated in the Contract
for completing the work.
The said amount is fixed and agreed upon by and
between the Contractor and the Owner because of the
impracticability and extreme difficulty of fixing and
ascertaining the actual damages the Owner would, in such event,
sustain, and said amounts shall be retained from time to time
by the Owner from current periodical estimates.
It is further agreed that time is of the essence of
each and every portion of this Contract and the specifications
wherein a definite portion and certain length of time is fixed
for the additional time is allowed for the completion of an
work, the new time limit fixed by extension shall be the
essence of this contract.
ARTICLE III - PAYMENT
(a) The Contract Sum
The Owner shall pay to the Contractor for the
performance of the Contract the amount as stated in the
Proposal and Schedule of Items. No variations shall be made in
the amount except as set forth in the specifications'attached
hereto.
(b) Proqress Payment
On no later than the fifth day every. month, the
Contractor shall submit to the Owner's Engineer an estimate
covering the percentage of the total amount of the Contract
which has been completed from the start of the job up to and
including the last working day of the proceeding month,
together with such supporting evidence as may be required by
the Owner and/or the Engineer. This estimate shall include
only the quantities in place and at the unit prices as set
forth in the Bid Schedule.
On the vendor run following approval of the invoice
for payment, the Owner shall after deducting previous payments
made, pay to the Contractor 90% of the amount of the estimate
on units accepted in place. The 10% retained percentage may be
held by the Owner until the final completion and acceptance of
all work under the Contract.
A-2
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ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(a) . Upon receipt of written notice that the work is
ready for final' inspection acceptance, the Engineer shall
within 10 days make such inspection, and when he finds the work
acceptable under the Contract and the Contract fully performed,
he will promptly issue a final certificate, over his own
signature, stating that_the work required by this Contract has
been completed and is accepted by him under the terms and
conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to
the Contractor by the owner within 15 days after the date of
said final certificate.
(b) Before final payment is due, the Contractor
shall sllbmi t evidence satisfactory to the Engineer that all
payrolls, m~terial 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.
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
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IN WITNESS WHEREOF, the parties hereto have executed
this Agreement in three (3) counterparts, each of which shall
be deemed an original, in the year and day first mentioned
above.
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AUGUSTA-RICHMOND COUNTY
COMMISSION-COUNCIL
(Owner)
Richmond County Commission-Council
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CONTRACTOR :)/gR})J'I1 AAlA,( Cef.i.1iMC{J iifi<;,. lilC!..
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Title: 7,eCS/D6-zIVT -~.' '-:"<~ . .,: g-
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Address: /l-ef- m/l61C.10~>4-.....?d?i., _./:"
!ltl6VS?}? OGoIeU-IIJ 3090 f
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Anicle
Number
Title
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DEFINITIONS. .. .. ..... ............ .. .. ..... .. ...... .. .... ... . .. ."
PRELIMINARY MATIERS ........................................
CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE............. ..................
,-
A V AJLABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS. . . .. . ... . . . .. . .. . .. .. . .. . ..... . . . . . . . . . . ... ..
BONDS AND INSURANCE ........................................
CONTRACTOR'S RESPONSIBILITIES............................
OTHER WORK .....................................................
OWNER'S RESPONSIBILITIES....................................
ENGINEER'S STATUS DURING CONSTRUCTION ..............
CHANGES IN THE WORK... . . ...... .. .. .. .. .. ...... .. .. .... . .. ...
CHANGE OF CONTRACT PRICE ..................................
CHANGE OF CONTRACT TIME...................................
WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK...........................
PA YMENTS TO CONTRACTOR :\ND COMPLETION ............
SUSPENSION OF WORK AND TERMINATION ....... ..........
ARB ITRA TION .....................................................
MISCELLANEOUS......... .........................................
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4
5
6
7
8
9
10
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13
14
15
16
17
3
Pa~e
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9
10
II
14
18
19
19
21
21
:;4
24
26
29
31
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INDEX TO GENERAL CONDITIONS
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Anicle or Paragraph
Number
Acceptance of Insurance ............................. 5.13
Access to the Work .................................. 13.2
Addenda~efinition of (see definition of
Specifications) ........................................ 1
Agreemenl~efinition of ................................ I
All Risk Insur:lnce .............. ....................... 5.6
Amendment. Written ................. .... . .. .. .... I. 3.1. I
Application for Paymenl~efinition of .................. 1
Application for Payment. Final ...................... 14.12
Application for Progress Payment .................... 14.2
Application for Progress Payment-reVlew of .... 14.4-14.7
Arbitration ............................................. 16
Authorized Variation in Worle ......................... 9.5
A \'ailabilitY of Lands .................................. 4.1
Award. Notice of -defined .............................. I
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Before Starting Construction ...................... :.5-2. i
Bid-definition of ....................................... 1
Bonds and lnsurance-in general ........................ 5
Bonds-definition of . . . . . .. . . . . . . . .. . . . . .. . . .... . . . .. . . .. I
Bonds. Delivery of ............................. _. :. 1.5.1
Bonds. Performance and Other .................... .5 .1.5.~
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Cash Allowances ..................................... 11.8
Change Order-dennition of ............................. 1
Change Orders-to be executed ...................... 10.4
Changes in the Work ................................... 10
Claims. Waiver of.-,n Final Payment ............... 14.16
Clarifications and Interpretations ...................... 9.4
Cleaning .......:.........................;.... . . . . . .. 6.1 i
Completion. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. 14
Compietion. Suostantial ......................... 14.8-14.9
Conference. Pre::onstruc:lOn ..'...",................. :.8
Connic~. Error. Discrepanc.y-C\Jmractor
to Repon: ."................................... :.5.:;.3
Construction Machinery. Equipment. etc. ............. 6A
Continuing Work .................................:... 6.~9
Contract Documents-amending and
supplementing ,........... ....................... 3.4-3.5
Contract Documents-dennition of .....................,. I
Contrac~ Documents-Intent ...................... 3. 1.3.3
Contract Documents-Reuse of ............... .......... 3.6
Contrac~ Price. Change oj .....................:........ II
Contract Price-.iefinition ............................... 1
Contrac, Time. Change oj ............................... 1::
Contract Time. Commencement of ................ '.... ::.3
Contract Time-.iefinition of ............................ 1
Contractor~eIinition oj ................................ 1
Contractor May Stop Work. or Terminate ............. 15.5
Contractor's Continuing Obligation.................. 14.15
Contractor' 5 Duty to Repol1 Discrepancy
in Documents.................................. :..5.3.:
Cuntractor's Fcr-Cost Plus.., 11..U.6. 11.5.1. 11.6-11.7
Contractor's Liability Insurance.. ..................... 5..3
Contractor" s Responsibilities-in genera] ................ 6
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Contractor's Warranty ofTitJe ........................ 14.3
Contractors--other ...................................... 7
Contractual Liability Insurance........................ 5.4
Coordinating Contractor~efinition of ................ 7.4
Coordination .......................................... 7.4
Copies of Documents .................................. ~.~
Correction or Removal of Defective Work. ........... 13.11
Correction Period. One Year ........................ 13.12
Correction. Removal or Acceptance of Defective
Worle-in general ........................... !j .1l-13.14
Cost-net decrease ...................:............. 11.6.2
Cost of Work .................................... 11.4-11.5
Costs. Supplemental ................................ 11.4.5
Day~efinition of ....................................... 1
Defecrive~efinition of .................................. 1
Defective Work. Acceptance of ...................... 13.13
Defecrive Work. Correction or Removal of .......... 13. I 1 '
Defective Worle-in general ............... 13. 14.7. 14.11
Defective Work.. Rejecting..... .. ...... ........ ........ 9.6
Definitions ....... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
Delivery of Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. 2.1
Determination for U nit Prices.. .. .. . .. . .. .. .. . .. .. ... 9.10
Disputes. Decisions by Engineer................. 9.11-9.12
Documents. Copies of ................................. 2.2
Documents. Record .................................. 6.19
Documents. Reuse .................................... 3.6
Drawings-definition of ................................. I
Easements ............................................ 4.1
Effective date of Agreement~efinition of . . . . . . . . . . . . . .. 1
EmergenCIes ......................................... 6.:1
Engineer~efinition of .........................,........ J
Engineer' 5 Decisions ............................ 9. 10-9.12
Engineer's-Notice Work is Acceptable............. 14.13
Engineer's Recommendation of Payment ...... 14.4. 14.13
Engineer's Responsibilities. Limitations
on ................. 6.6,9.11,9.13-9.16,18.2
Engineer's Status During Consuuction-in general ...... 9
Equipment. Labor. Materials and...... . .... .. ..... 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
Explorations of physical conditions ................... 4.2
Fee. Contractor's-CoStS Plus........................ 11.6
Field Order~eiinition of ............................... 1
Field Order-issued by Engineer ................ 3.5.1.9.5
Final Application for Payment.. ..................... 14.12
Final Inspection ...................................... 14.11
Final Payment and Acceptance ...................... J 4.13
Final Pa ymen!. Recommendation of ........... 14. 13-14. 14
General Provisions.............................. 17.3-17.4
General Requirements-deIinition of . . . . . . . . . . . . . . . . . . '. .. I
General Requirements--principal
references to ...........'..... 2.6. 4.4. 6.4.6.6-6.7. 6.::3
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I Giving Notice ........................................ 1'7.1
Guarantee of Work-bv Contractor................... 13.1
, .
I Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 6.30-6.32. 7.5
Inspection. Final ".................................... 14.11
Inspectlon . Tests and .............".................... 13.3
Insurance. Bonds and-in general ....................... 5
I Insurance. Certificates of ........................... 2.7. 5
Insurance-completed operations . . . . . . . . . . .. . . . . . . . . .. 5.3
Insurance. Contractor's Liability ...................... 5.3
Insurance. Contractual Liability ....................... 5.4
I Insurance. Owner's Liability .......................... 5.5
Insurance. Property .............................. 5.6-5.13
Insurance-Waiver of Rights ......................... 5.11
I IntentofContrac'tDocuments ...................3.3.9.14
Interpretations and Clarifications ...................... 9.4
Investigations of physical conditions. . . . . . . .. . . . . . . . . .. 4.1
I Labor. Materials and Equipment .................. 6.3-6.5
Laws and Regulations-defin.ition of ..................... 1
Laws and Regulations-general. . . . . . . . . . . . . . . . . . . . . ., 6.14
Liability Insurance-Contractor's ..................... 5.3
I Liability Insurance-Owner' 5 ......................... 5.5
Liens-definitions of ................................ 14.2
Limitations on Engineer's
Responsibilities ..................... 6.6. 9.11. 9.13-9.16
I Materials and equipment-fumished by Contractor .... 6.3
Materials and equipment-not
I incorporated in Work .............................. 14.2
Materials or equipment-equivalent ................... 6.7
Misceilaneous Provisions............................... 17
Multi-prime contracts ................................... i
I Notice. Giving of . .. .................................. 17.1
Notice of Acceptability of Project ................... 14.13
I Notice of Award----definition of .......................... I
Notice to Proceed----definition of ......................... 1
Notice to Proceed~giving of .......................... ~.3
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"Or-Equal" Items. . . . . .. .. .................... . . . . . . .. 6. i
Other contractors .....................................:.-;
Other work: .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. i
Overtime Work-prohibition of . .................. .. .., 6.3
Owner----definition of .................................... 1
Owner May Correct Defecrive Work................. 13.14
Owner May Stop Work.............................. 13.10
Owner May Suspend Work. Terminate .......... 15.1-15A
Owner's Duty to Execute Change'Orders "............ 11.8
Owner's Liability Insurance........................... 5.5
Owner's Representative-Engineer to serve as ...,.... 9.1 "
Owner's Responsibilities-in general .............:...... 3
Owner's Separ:lle Representative at site............... 9.3
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Partial Utilization .................................. 14.10
Partial U tiliZ:llion---Jennition of ......................... I
Partial U[iliz:uion-Propeny Insurance............... 5.15
Patent Fees and Royalties..,.....................,... 6.1~
Payments. Rccommend:llion of ........... 14.4-14. -;. I.U.3
Payments to C..lntractor-in general ,................... 14
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Payments to Contractor~iNhen due ..........." 14.4. 14.13
Payments to Contractor-withholding ................ 14.7
Performance and other Bonds ..................... 5.1-5.2
Permits.. . . . . . . .. . . . .. . . . . . . . . .. . ... . . .. .... . . . ..... .. 6.13
Physical Conditions ...............................;... 4.2
Physical Conditions-Engineer's review ............. 4.2.4
, Physical Conditions-existing structures ............. 4.2.2
Physical Conditions--explorations and reportS. .. . . .. 4.2.1
Physical Conditions-possible document change ..... 4.2.?
Physical Conditions-price and time adjustments .... 4.2.5
Physical Conditions-report of differing ............. 4.2.3
Physical Conditions-Underground Facilities.......... 4.3
?reconstruction Conference ............. - . . . . . . . . . . . .. 2.8
Preliminary Matters :.................................... 2
Premises. Use of ................................ 6.16-6.18
Price. Change of Contract .............................. 11
Price-Contract-definition of ............................ 1
Progress Payment. Applications for. . ., . . . . .. . . . . . . . .. 14.2
Progress Payment-retainage ......................... 14.2
Progress schedule ............... 2.6.2.9.6.6.6.29. 15.2.6
Project-definition of .................................... 1
Project Representation-provision for ................. 9.3
Project Representative. Resident-definition of .......... I
Project. Starting the ................................... 1.4
ProPerty Insurance ............................... 5.6-5.13
Property Insurance-Partial Utilization............... 5.15
Property Insurance-Receipt and Application
of Proceeds ................................... 5.12-5.13
Protection. Safety and ........................... 6.20-6.21
Punch list ........................................... 14.11
Recommendation of Payment.................. 14.4. 14.13
Record Documents ................................... 6.19
Reference Points ..................................... - 4.4
Regulations. Laws and ....;................:......... 6.14
Rejecting Defective Work ............................. 9.6
Related Work at Site .............................. 7.1-7.3
Remedies Not E:tclusive ............................. 17A
Removal or Correction of Defective Work ........... 13.11
Resident Project Representative~efinition or' ......... .. 1
Resident Project Representative-provision r'or ........ 9.3
Responsibilities. Contractor's-in general ............... 6
Responsibilities. Engineer's-in general ................. 9
"Responsibilities. Owner's-in general.................... 8
Retainage ............................................ 14.2
Reuse or' DOcuments .................................. 3.5
Rights of Way,. .. ..................................... 4.1
Royalties. Patent Fees and ........................... 6.11
Safety and Protection....... 6.20-6.21, 18.1-18.2
Samples ......................................... 6.23-6.23
Schedule of progress ........ ~.6. 2.8-2.9.6.6.6.29. 15.2.6
Schedule of Shop Drawing
submissions...................... 2.6. 2.8-2.9.6.23. 14.1
Schedule of values ...................... 1.6.2.8-2.9. 14.1
Schedules. Finalizing. ... ... . . ...... .. .. .. .. .. .. ....... 2.9
Shop Drawings and Samples. . .... ... .. .. .. . . .... 6.23-6.28
Shop Drawings-dc:finition of . . . . . . . . . . . . . . . . . . . . . . . . . . .. I
Shop Drawings. use to approve
substitutions ...................................... 6. i.3
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Site. Visits to-by Engineer ........................... 9.2
~pec~fications-definition of ............................. 1
.~tartJng Consuucuon. Before.. . .. . ~ . ..... . ..... .,. 2.5-2.8
Staning the Project ;. ~ . . . . . . . . . . . ~ . . . . . . .. . . ., . . . . .. ... 2.4
Stopping Work-by Contractor.. .. .. .... ......... .... 15.5
IStoPPing Work-by Owner .......................... 13.10
SubcoDtractor-definition of ............................. 1
Subcontractors--in general ....................... 6.8-6.11
Isubcontracts-reqUired provisions ............ 5.11.1.6.11
11.4.3
Substantial Completion-certification of .............. 14.8
Substantial Completion-definition of .. . . . . . . . . . . . . . . . . .. 1
I Substitute or "Or-Equal" Items ....................... 6.7
Subsurface Conditions.. . . . . ., . . . .. . . . . .... .. .. . .., 4.24.3
Supplemental costs ................................. 11.4.5
SupplementarY Conditions-definition of ................ 1
I SupplementarY Conditions-principal '
references to .. 2.2.4.2.5.1.5.3.5.6-5.8.6.3.6.13.6.23.
7.4.9.3
Supplementing Contract Documents ............... 3.4-3.5
I Supplier-definition of . . . . . . . .. . . . . . . . . .. . . . . . . . . . . . . . ... 1
Supplier-principal references to ... 3.6.6.5.6.7-6.9. 6.20.
6.24.9.13.9.16.11.8. 13.4. 14.12
I Surety-consenttopayment ..................14.12.14.14
Surety-Engineer has no duty to ..................... 9.13
Surety-notice to .......................... 10.1.10.5.15.2
Surety-qualification of ........................... 5.1-5.2
I Suspending Work. by Owner ......................... 15.1
Suspension of Work and Tennination-in general....... 15
Superintendent-Contractor's ......................... 6.2
Supervision and Superintendence. ................. 6.1-6.2
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Taxes-Payment by Contractor.. .. . .. .. . .. ... .. .. . ... 6.15
Termination-by Contractor.......................... 15.5
I Termination-bv Owner..... ...... .............. 15.2-15.4
Termination. S~spension of Work and-in general...... 15
Tests and Inspections ........................... 13.3-13.7
Time. Change of Contract .............................. 12
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Time. Computation of .................. _ . . . . . . . . : . . .. 17.2
Time. Contract-definition of ..... .. . . . . . . . .. . ., . . . . .. . .. 1
Uncovering Work............................... 13.8-13.9
Underground Facilities-definition of .................... 1
Underground Facilities-not shown or indicated..... 4.3.2
Underground Facilities-protection of ........... 4.3.6.20
Underground Facilities-shown or indicated......... 4.3.1
Unit Price Work-definition of .......................... I
Unit Price Work-general ................. 11.9.14.1.14.5
Unit Prices' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11.3.1
U nit Prices. Determinations for . . . . . . . . . . . . . . . . . . . . . .. 9.10
Use of Premises ................................. 6.16-6.18
Utility owners ............. ~ .. .. .. .. .... 6.13. 6.20. 7.2-7.3
Values. Schedule of ......................... 2.6.2.9. 14.1
Variations in Work-Authorized............ 6.25.6.27.9.5
Visits to Site-by Engineer ............................ 9.2
Waiver of Claims-on Final Payment................ 14.16
Waiver of Rights by insured panies ............. 5.10.6.11
Warranty and Guarantee:.......t>y Contractor .,............ 13.1
Warrantv of Title. Contractor's....................... 14.3
Work. Access to ..................................... 13.2
Work-by others ........................................ 7
Work Continuing During Disputes .................... 6.29
Work. Cost of ................................... 11.4-11.5
Work-definition of ..................................... 1
Work Directive Change-definition of ................... 1
Work Directive Change-principal .
references to ............................ 3.4.3. 10.1-10.2
Work. Neglected by Contractor ..................... 13.14
Work. Stopping by Contractor .. .. .. .. .. .. .. . .. . .. .... 15.5
Work. Stopping by Owner....................... 15.1-15.4
Written Amendmenl-definition of '...................... 1
Written Amendment-principal
references to ................:.... 3.4.1. 10.1. \ 1.2. 12.1
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GENERAL CONDITIONS
1 ARTICLE I-DEFINITIONS .
Wherever used in these General Conditions or in the other
'I Contract Documents the following terms have the meanings
'indicated which are applicable to both the singular and plural
thereof:
I Addenda-Written or graphic instruments issued prior to the
opening of Bids which clarify. correct or change the bidding
documents or the Contract Documents.
I A!!reemelll- The written agreement between OWN ER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
1 Applicatioll .fiJr Pa."mell/- The form accepted by ENGI-
NEER which is to be used by CONTRACTOR in requesting
1 progress or final payments and which is to include such sup-
porting documentation as is required by the Contract
Documents,
I Bid-The oller or proposal of the 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 security.
1 Change Order-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition. deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Time. issued
1 on or after the Effecti\'e Date oi the Agreement.
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COlllraC( D()e/l/lleIlIS~ The Agreement. '.-\ddendu I which per-
tain to the Contract Documents). CONTRACTOR's Bid
(including documentation accompanying the Bid and any POSl-
Bid documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement. the Bonds.
these General Conditions. the Supplementary Conditions. the
Specifications and the Drawings as the same are more spe-
cifically identified in the Agreement. together with all amend-
ments. modifications and supplements issued pursuant to
paragraphs 3,,. and 3.~ \In or after the Effective Date of the
:\greement.
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CVII/relel Price-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement lsubject to the provisiuns of paragraph 11.9,1 in
the case of Unit Price Work).
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COlllrllCI Ti/llc- The numbt:r of days (computed as provided
in paragraph 17 ,~) or the date stated in the Agreement for the
completion or the Work,
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CONTRACTOR-The person. nrm or corpor-Hion with whum
OWNER has enten:d into the Agreemen!.
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defeclil'e-An adjective which when modifying the word Work
refers to Work that is unsatisfactory. faulty or dencient. or
does not conform to the Contract Documents. or does not
meet the requirements of any inspection. reference standard.
test or approval referred to in the Contract Documents. or
has been'damaged prior to ENGINEER's recommendation
affinal payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.10),
Drall'illgs- The drawings which show the character and scope
of the Work to be perl'ormed and which have been prepared
or approved by ENGINEER and are rekrred to in the Con-
tract Documents.
Effecli,'e Dare of lire A,l;'reemelll- The date indicated in the
Agreement on which it becomes etTective. but if no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
E.'iGIN EER- The person. firm or corporation named as such
in the Agreement.
Field Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9.5 but which does not involve a change in the Contract
Price or the Contract Time.
General Requiremenls-Sections of Division I of the Speci-
fications.
Lall's and Regulations: Laws or Regulations-Laws. rules.
regulations. ordinances. codes and/or orders.
Nvtice vf .-\1I'ard- The written notice by OWNER to the
apparent successful bidder stating that upon compliance by
the apparent successiul bidder with the conditions precedent
enumerated therein. within the time specified. OWNER will
sign and deiiver the .-\greement.
;\iotice tv Proceed-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the date
,on which the Contract Time will commence to run and on
'which CONTRACTOR shall start to ~erform CONTRAC-
TOR'S obligations under the Contract Documents.
O~\lNER- The public body or authority. corporation. asso-
ciation. nrm or person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be provided.
PclrtiaIUrili:.alioll-Placing a portion oi the Work in ser\'ice
ior the purpose for which it is intended (or a related purpose I
before reaching Substantial Completion tor all the Work.
Prc~je('/~ The total construction of which the Work to be
provided under the Contract Documents may be the whole.
llr a par.! as indicated elsewhere in the Contract Documents.
Rl'sidt'lll PI', ,jcel Rl'preH'lIrtll;I'e- The authorized represen-
tative of E~GINEER who is assigned to the site or any part
thereof.
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Shop Drawings-All drawings, diagrams; illustrations,
schedules and other data which are specifically prepared by
I or for CONTRACTOR to illustrate some ponion of the Work
and all illustrations. brochures. standard schedules. perfor-
mance chans, instnJctions.,diagrams and other information
I prepared by a Supplier and submitted by CONTRACTOR to
illustrate material or equipment for some ponion of the Work.
Specificarions- Those portions of the Contract Documents
I consisting of written technical descriptions of materials.
equipment. const!''Uction systems. standards and work~-
ship as applied to the Work and certain administrative details
applicable thereto.
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Subconrracror......An individual. firm or cOI1>oration having a
direct contrilct with CONTRACTOR or with any other Sub-
I contractor for the performance of a pan of the Work at the
site.
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SubstamiaJ Completion- The Work (oraspecmed pan thereot)
has progressed to the point where. in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion. it is sufficiently complete. in
accordance with the Contract Documents. so that the Work.
(or specified pan) can be utilized for the purposes for which
it is intended: or if there be no such certificate issued. when
final payment is due in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially com-
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
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Supplementary Conditions-The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
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Supplier-A manufacturer. fabricator. supplier. distributor.
materialman or vendor.
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Underground Facilities-All pipelines. conduits. ducts. cables.
wires. manholes. vaults. tanks. tunnels or other such facilities
or attachments. and any encasements containing such facil-
ities which have been installed underground to furnish any of
the following services or materials: electricity. gases. steam.
liquid petroleum products. telephone or other communica-
tions. cable television. sewage and drainage removal. traffic
or other control systems or water.
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Unit Price Work-Work to be paid for on the basis of unit
pnces.
I
Work-The entire completed construction or the various sep-
arately identifiable pans thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
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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
4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
Directive Change may not change the Contract Price or the
Contract Time. but is evidence that the panies expect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order following negotiations by the panies as to its effect. if
any. on the Contract Price or Contract Time as provided in
paragraph 10.2.
Written 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 DocumeiltS.
ARTICLE 2-PRELlMINARY MATIERS
Delivery of Bonds:
1.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Documenu:
1.:. 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 Conzract Time: i....olice 10 Proceed:
2.3. The Contract Time will commence to run on the
thinieth day after the Effective Date of the Agreement. or. if
a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within 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.
Suuring the Project:
1.4. CONTRACTOR shall start to perform the Work on
the date when the Contract Time commences to run. but no
Work shall be done at the site prior to the date on which the
Contract Time commences to run.
Before Suuring Construction:
1.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and veriiy pertinent figures shown
8
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thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work.
affected thereby: however. CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents.
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
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2.6. Within ten days after the Effective Date of the Agree.
ment (unless otherwise specified in the General Require-
ments). CONTRACTOR shall submit to ENGINEER for
review:
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2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
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2.6.2. a preliminary schedule of Shop Drawing sub-
missions: and
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2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub-
mission.
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2.7. Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER. with a copy to ENGINEER.
certificates land other evidence of insurance requested by
OWN ERl which CONTRACTOR is required to purchase and
maintain in :.l..:cordance with paral?raohs 5.3 and 5,.+. ,and
OWNER shall deliver to CONTRACTOR certiricates land
other evidence ot insurance requested by CONTRACTOR>
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
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Preconsrruction Conference:
2.8. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR starts the Work at
the site. a ..:onierence attended by CO:-.1TRACTOR. ENGI-
NEER and llthers as :.lppropriate will be held to discuss the
scheduks refc:rred.tO in paragraph 2.6. to discuss procedures
for handling Shop Drawings and other submittals and for
processing Applications for Payment. and to establish a working.
understanding among the panies as to the Work.
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Finali:.illg Schedules:
2.9, .-\t least ten da\'s before submission ufthe tirst Appli-
cation fur P:I\.ment a ..:onference attended by CONTRAC-
TOR. ENGINEER ami others as appropriate will be held to
tinalize th<: ".:~edui<:s submitted in :Ic:;onlance \\'ith para,
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graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time. but such
acceptance will neither impose, on ENG INEER responsibility
for the progress or scheduling of the Work nor relieve CON-
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGINEER as to form and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
I nt6nt:
3.1. The Contract Documents comprise the 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.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or pan thereot) to be con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supplied whether or not specifically
called for. When words which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
or codes of any technical society. organization or association.
or to the Laws or Regulations of any governmental authority.
whether such reference be specific or by implication. shall
mean the latest standard specification. manual. ..:ode or La\\'s
or Regulations in effect at the time of opening oi Bids lor. on
the Effective Date of the Agreement if there were no Bidsl.
except as may be otherwise specifically stated. However. no
provision of any referenced standard specification. manual
orcode (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 consu;tants. agents or employ-
ees from those set fonh in the Contract Document,s. nor shall
it be effective to :\ssign to ENGINEER. or any of E~GI-
NEER's consultants. agents or employees. any duty or
authority to supervise or direct the furnishing ur pert'ormance
of the Work or any duty or authority to undertake responsi-
bility contrary to the provisions of paragraph'9.15 or 9.16.
Clarifications and interpretations of the Contract Documents
~hall be issued by ENGIN EER as provided in paragraph 9A,
3.3. If. during the performance of the Work. CONTRAC-
TOR finds a contlil:t. error or discrepanc\' in the Contract
Documents. CONTRACTOR shall so report to ENGINEER
in writing at once and before proceeding with the Work affected
thereby shall obtain a written interpretation ur clarirication
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from ENGINEER: however. CONTRACTOR shall not be
Ible to OWNER or ENGINEER for failure to report any
ntlict. error or discrepancy in the ContBCt Documents
ess CONTRACTOR had actual knowledge thereof or should
reasonably have'known thereof.
Lnding and Supplemellling Conl1'tl&l Documerus:
3.4. The Contract Documents may be amended to pro-
Ide for additions. deletions and revisions in the Work or to
odify the terms and conditions thereof in one or more of
the following ways:
I 3.4.1. a formal Written Amendment.
3.4.2. a Change Order (pursuant to paragraph 10.4).
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3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
Is indicated in paragraphS' 11.1 and 11.1. Contract Price and
Contract Time may only be changed by a Change Order or a
..,ritten Amendment.
. 3.5. In addition; the requirements of the Contract. Docu-
ments may be supplemented. and minor variations and de via-
I'ons in the Work may be authorized. in one or more of the
ollowing ways: '
3.5.1. a Field Order (pursuant to paragraph 9.5).
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3.5.1. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.:m. or
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3.5.3. ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
IReuse of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization pen"orming or fur- ,
I 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 thereot) prepared by or bearing the
I seal of ENGINEER: and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
I verification or adaptation by ENGINEER.
ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL
I CONDITIONS: REFERENCE POINTS
A vaiLability of Lands:
I 4.1. OWNER shall furnish. as indicated in the Contract
Documents. the lands upon which the Work is to be per-
formed. rights-of-way and easements for access thereto. and
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such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER. unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shall, provide for aU
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physical Conditions:
4.2.1. Exp/orations and Reports: Reference is made
to the SupplementarY Conditions for identification of those
reportS of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such reports. but not upon nontechnical data. interpreta-
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6. CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site.
4.2.2. Existing Structures: Reference is made to the
SupplementarY Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in the immediately preceding sentence and in
paragraph 4.1.6. CONTRACTOR shall have full respon-
. sibility with respect to physical conditions in or relating
to such structures.
4.2.3. Report of Differing Conditions: If CONTRAC-
TOR believes that:
4.2.3.1. any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs 4.:.1
and 4.:.: 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.
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4,2.4. ENGINEER's Rel'iell': E:-JGINEER will
promptly review the pertinent conditions. determine the
necessity of obtaining additional explorations or tests with
respect thereto and advise OWN ER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and con-
clusions.
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4.2.5. Po,uihle Docl/ment Ch{/n'le: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
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4.2.6. Possihle Price und Tillie Adjl/stllle/lfs: In each
such case. an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
they are attributable to any such inaccuracy or difference.
If OWN ER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles i I and 12.
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Physical Conditions-ClIderground Facilities:
4.3.1. 5hOl\'n or Indicated: The information and data
shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER
or ENG IN EER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
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4,3. \. \. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
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.U.I.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 oflhe Work with the owners of such Underground
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6.20 and
repairing any damage thereto resulting from the Work.
the cost of all of which will be considered as having
been included in the Contract Price.
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4.3.2. Not Sholl'lI or llldic{/teci. 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 Wprk affected thereby texcept in an emer-.
gency as permitted hy paragraph 6.22), identify the owner,
of such Underground Facility and give written notice thereof
to (hat owner and (I) OWNER and E:-JGINEER. ENGI-
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determine the extent to which the Contract Documents
should be modified to reflect and document the conse-
, quences of the existence of the Underground Facility. and
the Contract Documents will be amended or supplemented
to the extent necessary. During such time. CONTRAC-
TOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time. or both.
to the extent that they are attributable to the e'l.istence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles II and 12.
Reference Points:
4.4. OWNER 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.
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and pay-
ment Bonds. each in an amount at least equal to the Contract
Price as security for the faithful per1'ormance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due. except
as otherwise provided by Law or Regulation or by the Con-
tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary Condi-
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
panies" as published in Circular 570 (amended) by' the Audit
Staff Bureau of Accounts. U.S. Treasury Department. All
Bonds signed by an agent must be accompanied by a certitied
copy of the authority to act. '
~.2. If the surety on any Bond furnished by CONTR.-\C-
TOR is declared a bankrupt or becomes insolvent or its right
ll) Ja business is laminated in any state where any part of
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the Project is located or it ceases to meet the requirements
. paragraph 5.1. CONTRACTOR shall within five days
ereafter substitute another Bond and Surety. both of which
ust be acceptable to OWNER. .
IO/llnlCIOr'S LitzbiJily insurance: ,
5.3. CONTRACTOR shall purchase and maintain such
fmprehensive general liability and other insurance as is
ppropriate for the Work being performed and furnished and
will provide protection from claims set fonh below which
may arise out of or result from CONTRACTOR's perfor-
lance and furnishing of the Work and CONTRACTOR's
ther obligations under the ContraCt Documents, whether it
to be perionned or furnished by CONTRACTOR. by any
Subcontractor. by anyone directly or indirectly employed by
~y of them to perform or furnish any of the Work. or by
~yone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compen-
I sation. disability benefits and other similar employee ben-
efitacts:
I 5.3.2. Claims for damages because of bodily injury.
occupational sickness or disease. or death ofCONTRAC-
TOR's employees:'
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5.3.3. Claims for damages because of bodily injury.
sickness or disease. or death of any person other than
CONTRACTOR's employees:
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5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained tal by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR. or '
(bl by any other person for any other reason:
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5.3.5. Claims for damages. other than to the Work
itself. because of injury to or destruction of tangible prop-
erty wherever located. including loss of use resulting
therefrom;
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5.3.6. Claims arising OUt of operation of Laws or Reg-
ulations for damages because of bodily injury or death of
any person or for damage to property: and
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5.3.7. Claims for damages because o(bodily injury or
death of any person or property 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-
I tary Conditions. or required by law, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur-
lance so required to be purchased and maintained lor the
certificates or other evidence thereoO shall contain a provi-
sion or endorsement that the coverage afforded will .not be
cancelled, materially changed or renewal refused until at least
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thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance shall
remain in effect until tinal payment and at all times thereafter
when CONTRACTOR may be correcting. removing or
replacing defective Work in accordance with paragraph 13.12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two years after tinal payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
ContrlJCtlUJl Litzbi1ily Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 wil1 include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
Owrur's Li4bi1ily insurance:
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and. ,at
OWNER's option. may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions. OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulations I. This insurance shall include the interests
of OWNER. CONTRACTOR. Subcontractors. ENGINEER
and ENGINEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured parties. shall insure
against the perils of fire and extended coverage and shall
include "all risk" insurance for physical loss and damage
including theft, vandalism and malicious mischief. collapse
. and water damage. and such other perils as may be provided
in the Supplementary Conditions. and shall include damages,
. losses and expenses arising out of or resulting from any insured
. loss or incurred in the repair or replacement of any insured
property {including but not limited to fees and charges of
engineers. architects. attorneys and other professionals!. If
not covered under the "all risk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchase and maintain similar property insurance on portions
of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for
Payment.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR. Subcontractors, ENGINEER AND
ENGINEER's consultants in the Work. all of whom shall be
listed as insured or additional insured parties.
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5.8. All the policies of insurance tor the certificates or
other evidence thereof) required to be purchased and main- .
tained by OWNER in accordance with paragraphs 5.6 and
5.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or materiaJly changed or renewal
refused until at least thirty days' prior written notice has been
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waiver provisions in accordance with paragraph 5.11.2.
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5.9. ,OWNER shall not be responsible for purchasing and
I maintaining any property insurance to protect the inten:sts
of CONTRACTOR. Subcontractors or others in the Work to .
the extent of any deductible amounts that are provided in the
I Supplementary Conditions. The risk of loss within the
deductible amount. will be borne by CONTRACTOR. Sub-
contractor or others suffering any such loss and ifany of them
wishes property insurance coverage within the limits of such
I amounts. each may purchase and maintain it at the purchas-
er's own expense.
5.10. If CONTRACTOR requests in writing that other
1 special insurance be included in the property insurance pol-
icy. OWNER shall. if possible. include such insurance. and
the cost thereof will be charged to CONTRACTOR by appro-
I priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site. OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWNER.
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Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work. and also
waive all such rights against the Subcontractors. ENGI-
:--lEER. E~GINEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11. each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's consultants and all other parties named as insureds.
None of the above waivers shall extend to the rights that
any of the insured parties may have to the proceeds of
insurance held by OWNER as trustee or otherwise pay-
able under any policy so issued.
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5.11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide primary
coverage for all losses and damages caused by the perils
co\'ered thereby. Accordingly. all such policies shall con-
talO provisillns [0 the effect that in the event llf payment
of any loss or damnge the insurer will have no rights Llf
reco\'ery a~ainst any of the parties named as insureds llr
additional insureds. and if the insurers require separate
waiver forms to be signed by ENGINEER or ENGI-
:--; E ER' s cll11sullanl UW~ E R will \ll'1lain the same. and if
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such waiver forms are required of any Subcontractor.
CONTRACTOR will obtain the same.
Receipt and ApplicaIion of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds. as their interests may appear. subject to the require-
ments of any applicable mortgage clause and of paragraph
.5.13. OWNER shall deposit in a separate account any money
so received. and shall distribute it in' accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after' the
occurrence of loss to OWNER's exercise of this power. If
such objection be made. OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the 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 reqt:ired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 504 on the basis of its not complying
with the Contract Documents. OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such certificates to OWNER in accordance with
paragraph 2.7. If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their not. complying with the Contract Documents. CON-
TRACTOR shall notify OWNER in writing thereof within ten
days or'the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7. OWN ER and
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within
the time provided shall constitute acceptance of such insur-
ance purchased by the other as complying with the Contract
Documents.
Partial l.:tili:.Jltion-Property Insurance:
5,15, If OWNER tinds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Comple-
tion of all the Work. such use or occupancy may be accom-
rlisheLl in accordanc..: with paragraph 14.10: provided that no
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such use or occupancy shall commence before the insurers
providing the property insurance have acknowledged notice
thereof and in writing effected the chan~es in covera~e neces-
sitated thereby. The insurers providing the property insur-
ance shall consent by endorsement on the policy or policies.
but- the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
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ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
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Supervision and SuperinuruUnce:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently. devoting such attention thereto
and applying such skills and expenise as may be necessary
to perform the Work in accordance with the Contract Doc-
uments. CONTRACTOR shall be solely responsible for the'
, means. methods. techniques. sequences and procedures of
construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means. method. technique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
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6.1. CONTRACTOR shall keep on the Work at all times
durin~ its progress a competent,resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
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lAbor. MaJeriDls and Equipment:
6.3. CONTRACTOR shall provide competent. - suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or
adjacent thereto. and except as otherwise indicated in the
Contract Documents. all Work at the site shall be performed
during regular working hours. and CONTRACTOR will not
permit overtime work or the performance of Work on Sat-
urday. Sunday or any legal holiday without OWNER's writ-
ten consent given after prior written notice-to ENGINEER.
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6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment. labor. transportation.
construction equipment and machinery. tools. appliances.
fuel. power. light. heat. telephone. water. sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing. performance. testing. stan-up
and,completion of the Work.
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6.5. AU materials and equipment shall be of ~ood quality
and new. except as otherwise provided in the Contract Doc- .
uments. If required by ENGINEER. CONTRACTOR shall'
furnish satisfactory evidence (includin~ reports of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed. con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assi~n to
ENGINEER. or any of ENGINEER's consultants. a~ents or
employees. any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author-
ity to undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.91 adjust-
ments in the progress schedule-to retlect the impact thereon
of new developments: these win conform generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
Substilules or "Or.EqlUli" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a 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 permined.
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review'by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON- .
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute will perform ade-
quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time. whether or not acceptance of the substitute
for use in the Work will require a change in any of the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitute and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license f~~ or
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royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi-
cated. The appliciuioll will also contain an itemized esti-
mate of all cos'ts that will result directly or indirectly from
acceptance of such substitute. including costs of redesign
and claims of other contractors affected by the resulting
change. all of which shall be considered by ENGINEER
in evaluating the' proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute.
6.7.2. Ifa specific means. method. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR may furnish or
utilize a substitute means. method. sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedure for review by ENGINEER
will be similar to that provided in paragraph 6.7. I as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
6.7.3. ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability. and no
substitute will be ordered. installed or utilized without
ENGINEER's prior written acceptance which will be evi~
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in eva:uating substitutions
proposed by CONTRACTOR dnd in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute. CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluat-
ing each proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor. Supplier or other person or organization (including
[hose acceptable to OWNER and E!'JGINEER as indi-
cated in paragraph 6.8.21. whether initially or as a substi.
tute. against whom OWNER or ENGINEER may ha\e
reasonable objection. CONTR,.\CTOR shall nOI be required
[Q employ any Subcontractor. Supplier or other person llr
organization to furnish or perform any of the Work against,
whom CONTRACTOR has reasonable objeclilln.
6.::!,::!. If the Supplementary Conditions require the
identity of cenain Subcontractors. Suppliers or lllher pe:--
sons or organizations I including those who are !l) furnish
the prinCIpal items of materials and equipment) III be sur.-
mitted to OWNER in advunce of the specified date prior
to the EIT.:ctive Oat.: of the .-\grcemenl for aCl:.:ptanc.: r.\
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWNER's or ENGINEER's accept-
ance (either in writing or by, failing to makewritten objec-
tion thereto by the date indicated for acceptance or objec-
tion in the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute. the
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiver of any right of OWNER or ENGI-
NEER to reject defectil'e Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documeills 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 shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. .-\11 Work performed for CONTRACTOR .by a Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.11. CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees ami roy-
alties and assume all COSlS incident to the use in [he perfor-
mance of the Work or the incorporalion in the Work of any
invention. design. rrocess. producl or device which is lhe
sur.ject of ratenl rights or copyrighls held r.y olhers. If a
particular invenlion. design. process. producl ur device is
specified in the Cuntract Documents for use in the perfor-
mance of I h.: Work and if tlllhe actual knowledge of OWN ER
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or ENGINEER its use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to others,
the existence of such rights shall be disclosed by OWNER in
the ContraCt Documents. 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 coun and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the performance of the Work or resulting from the
incorporation in the Work of any invention. design. process.
product or device not specified in the Contract Documents.
and shall defend all such claims in connection with any alleged
infringement of such rights.
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Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions. CONTRACTOR shall obtain and pay for all con-
stn1ctionpermits and licenses. OWNER shall assist CON-
TRACTOR. when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
which are applicable at the time of opening of Bids, or if there
are no Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work.. and OWNER shall pay all charges of
such utility owners for capital costs related thereto such as
plant investment fees.
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LAws and 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..neitherOWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations.
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6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations. CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR 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.
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Tazes:
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6.15. CONTRACTOR shall pay all sales. consumer. use
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
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place of the Project which are applicable during the perfor-
mance of the Work.
Un of Pnmises:
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 the Work..
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work. CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall. to the
fullest extent permitted by Laws and Regulations. indemnify
and hold OWNER and ENGINEER harmless 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.
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work..
At the completion of the Work CONTRACTOR shall remove
all waste materials. rubbish and debris from and about the
premises as well as all tools. appliances. construction equip-
ment and machinery. and surplus materials. and shall leave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all propcny not
designated for alteration by the Contract Documents.
6.18. . CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will endanger
the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent propeny to stresses or pressures that
will endanger it.
Record Documellls:
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings. Specifications.
Addenda. Written Amendments. Change Orders. Work
Directive Changes. Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available to ENGINEER for reference. Upon com-
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pletion of the Work. these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
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Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for the safety of. and shall
provide the necessary protection to prevent damage. injury
or loss to:
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6.20.1. all employees on the Work and other persons
and organizations who may be affected thereby:
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6.20.2. all the Work and materials and equipment to
be in'corporated therein. whether in storage on or off the
site: and
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6.20.3. other property at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pavements. road-
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
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CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage.
injury or loss: and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners when prosecution of the Work
may affect them. and shall cooperate with them in the pro-
tection. removal. relocation and replacement of their prop-
ert\'. .\11 damage. injury or loss to any property referred to
in paragraph 6.::0.:: or 6.20.3 caused. directly or indirectly,
in whole or \0 part. by CONTRACTOR. :\Oy Subcontractor,
Supplier or any other person or organization directly or indi-
rectly employed by any of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable.
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose acts either
of them may be liable. and not attributable. directly or indi-
rectly. in whole or in part. to the fault or negligence of CO;-.;-
TR.\CTORl. CONTRACTOR's duties and responsibilities
for the safet\' and protection of the Work shall cuntinue until
such time as all the Work is completed and ENGI~EER has
issued a nut ice to OWN ER and CONTRACTOR in accord-
ance with paragraph 14. \3 that the Work is acceptable (except
as otherwise expressly provided in connection Wilh Substan-
tial Completiunl.
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, /),:: I, CONTRACTOR sh,dl designate a respl'nsible n:p-
resenulj\'c ;11 the ,ire whuse dut\' shall be the rrc\'enlion "f
accidents. This person shall be CONTRACTOR's superin-
tendent unkss otherwise designated in writing by CO,,"-
TR.-\CTOR (llOWNER.
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Emergencies:
6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent thereto.
CONTRACTOR. without special instruction or authorization
from ENGINEER or OWNER. is obligated to act to prevent
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes
that any significant changes in the Work or variations from
the Contract Documents have been caused thereby. If ENGI-
NEER determines that a change in the Contract Documents
is required because of the action taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
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 1.9), or for other appropriate action if so indicated in
the Supplementary Conditions. five copies (unless otherwise
specified in the General Requirements) of all Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions will be identified
as ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities. dimen-
sions. specified performance and design criteria. materials
and similar data to enable ENGINEER to review the infor-
mation as required.
6.24. CONTRACTOR shall also submit lO ENGI:-.lEER
for review and approval with such promptness as to cause
no dela\' in Work. all samples required b\' [he Contract Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indication thaI 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 lO material. S4pplier.
pertinent data such as catalog numbers and the use for '....hich
intended.
6.15.1, Before submission of each Shop Drawing or
sample CONTR.\CTOR shall h,l\'e determined and veri-
fied all quantities. dimensions. -specified performance cri-
teria. installation requirements. materials. catalog num-
bers and similar data with respect tnereto and reviewed
or coordinated each Shop Drawing or sample with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents.
6.15.::. Al the time llf each submission. CONTRAC-
TOR shall give E~GINEER spe\:iric wrillen noticl: ureach
variation that the Shop Drawings or samples may have
from the requirements of the CllOtract Documents. and.
in additilln. shall \:aus.: ~\ soecitic notation to he made nn
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each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
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6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and samples. but ENGI-
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance
with the information given in the Contract Documents and
shall not extend to means. methods. techniques. sequences
or procedures of constrUction (except where a specific means.
method. technique. sequence or procedure of constrUction is
indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CON-
TRACTOR shall make corrections required by ENGINEER.
and shall return the required number of corrected copies of
Shop Drawings and submit as required new samples for review.
and approval. CONTRACTOR shall direct specific attention
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
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6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR. from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's anention to each such variation at the
time of submission as required by paragraph 6.15.1 ~d
ENGINEER has given wrinen approval of each such varia-
tion by a specific wrinen notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.15 .1.
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6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work pen-ormeci pnor to ENGI-
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility oi CONTRACTOR. ,
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Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and. adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements. except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise'agree in writing.
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I tul.emnificaJion:
6.30. To the fullest extent .permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims. damages. losses and
expenses. direct. indirect or consequential (including but not
limited to fees and charges of engineers. architects. attorneys.
and other professionals and court and arbitration costs) aris-
ing out oi or resulting irom the performance of the Work.
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provided that any such claim. damage. loss or expense (a) is
attributable to bodily injury. sickness. disease or death. or to
injury to or destrUction of tangible property (other than the
Work itself) including the loss of use resulting therefrom and
(b) is caused in whole or in pan by any negligent act or
omission of CONTRACTOR. any Subcontractor. any person
or organization directly or indirectly employed by any ofthem
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in pan by a pany indemnified hereunder or arises
by or is imposed. by Law and Regulations regardless of the
negligence of any such pany.
6.31. In any and all claims against OWNER orENGI~
NEER or any of their consultants. agents or employees. by
any employee of CONTRACTOR. any Subcontractor. any
person or organization directly or indirectly employed by any
of them to perform orfurnish any of the Work or anyone for
whose acts any of them may be liable. the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or type of damages.
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or 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 specifications.
ARTICLE 7-OTHER WORK
RelaJed Work al Sile:
i .1. OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces. have other work
performed by utility owners or let other diret:t contracts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contract Documents. wrinen notice thereof will be
given to CONTRACTOR prior to starting any such other
work; and. if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the panies are unable to agree
as to the extent thereof. CONTRACTOR may make a claim
therefor as provided in Anicles II and 12.
7.1. CONTRACTOR shall afford each utility owner and
other contractor who is a pany to stich a direct contract (or
, OWNER. if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable 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 pans come
together properly and integrate with such other work. CON-
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TRACTOR shall not endanger any work of others by cutting.
excavating or otherwise altering their work and will only cut
or alter their work with the written consent of ENGINEER
and the others whose work will. be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWN ER and such utility owners and other contractors.
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7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner (or OWNER), CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to repon will constitute
an acceptance of the other work as fit and proper for integra- .
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work.
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Coordination:
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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.
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:\RTlCLE S-OWNER'S RESPONSIBILITIES
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8.1.. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
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8.:!. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of the fonner
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject LO arbitration.
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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.
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SA, OWN ER's duties in respect of providing lands ,lOd
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4. I and 4,4. Par;)-
graph 4.:! refers to OWNER's identifying and making avail-
able to CONTRACTOR copies ofrepons ofexplofations and
teslS of 'iUhSlll1ace cnndilions at the site and in e~isling Slruc.
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lures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraplJ 10.4.
8.7. OWN ER' s responsibility in respect of certain
inspections, tests and approvals is setJonh in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work, see paragraphs 13.IOand 1).1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representalive:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the Con-
tract Documents and shall not be extended without \....ritten
consent of OWNER and ENGINEER.
Visits to Sile:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and Quality of the executed Work and to deter-
mine. in general. if the Work is proceeding in accordance
with the Contract Documents. E:-.sGINEER will not be required
to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. ENGINEER's efforts
will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform to the
Contract Documents. On the basis of such visits and on-site
observqtions as an experienced and Qualified design profes-
sional. ENGINEER will keep OWNER informed of the prog-
ress of the Work and will endeavorto guard OWNER against
defects and deficiencies in the Work.
Project Representalion:
9.3. If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the perfonnance 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 OWN ER
designates another agent to represent OWN ER al the site
who is not ENGINEER's agent or employee. the duties.
responsibilities and limitations of authority of such other
('erson will he as provid.:d in the Supplementarv Conditillns,
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ClizrijiCllJilJns lIIId I lIU'1'nl4lUJns:
9.4. ENGINEER will issue with reasonable promptness
such wrinen clarifications or interpretations of the require-
mentsof the Contract DocumentS (in the form of Drawings
or otherwise) as ENGINEER may detennine necessary, which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Oocuments.lfCONTRACTOR
believes that a wrinen clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree to the
amount or extent thereof. CONTRACTOR may make a claim
therefor as provided in Anicle 11 or Article 12.
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Authorized Vtuituions in Work:
9.S. 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 Anicle 11 or 12.
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R,j,cting D,f,ctiv, Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective. and
will also have authority to require special inspection ortesting
of the Worle as provided in paragraph 13.9. whether or not
the Work is fabricated. installed or completed.
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Shop Drawings, Change Orders and Paymems:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples, see paragraphs 6.23 through
6.29 inclusive.
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9.8. In connection with ENGINEER's responsibilities as
to Change Orders. see Anicles 10. II and 12.
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9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment. etc.. see Article 14.
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DetermilUllions for Unit Prices:
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
EN G IN EER . s preliminary determinations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise), ENGI-
N EER' s written decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless. within ten days
after'the date of any such decision. either OWNER or CON-
TRACTOR delivers to the other party to the Agreement and
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to ENGINEER written notice of intention to appeal from
such a decision.
Decisions on Displlles:
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 ofthe Contract Documents
pertaining to the perfonnance and furnishing of the Work and
claims under Anicles 11 and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal 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 promptly (but in no event later than thirty days)
after the occurrence of the event giving rise thereto. and
written supponing data will be submitted to ENGINEER and
,the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in suppon of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9. i 0 and 9. 11. EN G INEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect
to any such claim. dispute or other matter (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or other matter,
Limiuuions on ENGINEER's Responsibililies:
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 eitherto 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 tenns of like effect or impon are used. or the
adjectives "reasonable". "suitable". "acceptable". "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement. direction, review or judgment
of ENGINEER as to the Work. it is intended that such
requirement. direction. review or judgment will be solely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wise). The use of any such term or adjective shall nOl be
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supervise or direct the furnishing or performance ot the Work
or any duty or authority to undel1ake responsibility contrary
I to the provisions of paragraph 9.15 .or 9.16.
9.15. ENGINEER will not be responsible for CON-
I 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
I Work in accordance with the Contract Documents.
9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor. any
I Supplj~r. or of any other person or organization performing
or furnishing any of the Work.
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ARTICLE IO-CHANGES IN THE WORK
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10.1. Without invalidating the Agreement and without notice
to any surety. OWNER may. at any time or from time to
I time. order additions. deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall promptly proceed with the
I Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
I 10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent. if any. of an increase or decrease in the
Contract Price or an extension or shol1ening of the Contract
I Time that should be allowed as a result of a Work Directive
Change. a claim may be made therefor as provided in .-\l1icle
II or .-\rticle 12.
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10.3. CONTRACTOR shall not be entitled to an increase:
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as' amended. modified and supple-
mented as provided in paragraphs 3.4 and 3.5. except in the
case of an emergency as provided in paragraph 6.22 and
except in the case of uncovering Work as provided in para-
graph 13.9,
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lOA. OWNER and CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendments) covering:
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IOA.I. changes in the Work which are ordered by
OWNER pursuant to paragraph 10.1. are required because
of acceptance of Jeji!ctil'e Work under paragraph 13, t,~ llr
correcting ,itfect;I'e Work under paragraph \),\.+. or are
:.lgreed to b\' t he parties:
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IO..L'!. changes in the Contract Price or Contract Time
which are agreed to hv the par'ties: and
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10.4.3. changes in the Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9.11:
provided that. in lieu of executing any such Change Order.
an appeal may betaken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations. but during any such appeal. CON-
TRACTOR shall carryon the Work and adhere to the prog-
ress schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including. but not limited to. Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notice will be CONTRAC-
TOR's responsibility. and the amount of each applicable Bond
will be adjusted accordingly. .
ARTICLE II-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments} payable to CON-
TRACTOR for performing the Work. All duties. responsibil-
ities and obligations assigned to or undel1aken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the pany making the claim to the other
pal1y and to ENGINEER promptly (but in no event later than
thil1v days) after the occurrence of the event giving rise to
the ~lai~ and stating the general nature of the claim. Notice
of the amount of the claim with sUPPol1ing data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in suppon of the c1aiml and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise 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 II.:!.
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Contract
Price shall be determined in one of the following ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents. bv applica-
tion of unit prices 10 the quantities of the ilems involved
(subject to the provisions of paragraphs 11.9.1. through
11.9,3. inclusivel.
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11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.6.2.1).
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11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and n.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
I Cost of the Work:
11.4. The term Cost of the Work means the sum of all
I costs necessarily incurred and paid by CONTRACTOR in
the 'proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER, such costs shall be
in amounts no higher than those prevailing in the locality of
I the Project. shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
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11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall be apponioned on
the basis of their time spent on the Work. Payroll costs
shall include. but not be limited to, salaries and wages
plus the cost of fringe benefits which shall include social
security contributions. unemployment. excise and payroll
taxes. workers' or workmen's compensation, health and
retirement benefits, bonuses. sick leave, vacation and hol-
iday pay applicable thereto. Such'employees shall include
superintendents and foremen at the site. The expenses of
performing Work lifter regular working hours. on Satur-
day, Sunday or legal holidays. shall be included in the
above to the extent authorized by OWNER.
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11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work. including costs of trans-
portation and storage thereof. and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments. in
which case the cash discounts shall accrue to OWNER.
All trade discounts. rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained.
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11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors.
If required by OWNER. CONTRACTOR shaH obtain
competitive bids fromSubcontractors accepta~le to CON- .
TRACTOR and shall deliver such bids to OWNER who
will then determine. with the advice of ENGINEER. which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee. the Subcontractor's Cost of the Work
shall be determined in the same manner as CONTRAC-
TOR's Cost ot'the Work. All subcontracts shall be subject
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to the other provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
limited to'engineers. architects. testing laboratories. sur-
veyors. attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proponion of necessary transpona-
tion. travel and subsistence expenses of CONTRAC.
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.1. Cost. including transponation and main-
tenance. of all materials. supplies. equipment. machin-
ery, appliances, office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the Work. and cost
less market value of such items used but not consumed
which remain the propeny of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the pans thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER. and the costS of transponation. loading,
unloading, installation, dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The rental of any such equipment. machin-
ery or parts shall cease when the use thereofis no longer
necessary for the Work.
11.4.5.4. Sales. consumer. use or similar taxes
related to the Work. and for which CONTRACTOR is
liable. imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR. any Subcontractor or any-
one directly or indirectly employed by any of them or
for whose acts any of them may be liable. and royalty
payments and fees for permits and licenses.
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 performance and furnishing of
the Work (except losses and damages within the
deductible amounts of propeny insurance established
by OWNER in accordance with paragraph 5.9). pr~
vided they have resulted from causes other than the
negligence of CONTRACTOR. any Subcontractor. or
anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses.
damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRAC-
TOR's Fee. If. however. any such loss or damage
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requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph
, 1.6.2.
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11.4.5.7. The cost of utilities. fuel and sanitary
facilities at the site.
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IIA.5.8. Minor expenses such as telegrams. long
distance telephone calls. telephone service at the site.
expressage and similar petty cash items in connection
with the Work. .
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11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for property insurance coverage within
the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.9.
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11.5. The term Cost of the Work shall not include any of
the following:
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11.5. I . Pa yroll costs and other compensation of CON.
TRACTOR's officers. executives. principals (of partner-
ship and sole proprietorshipsl. general managers. engi-
neers. architects. estimators. attorneys. auditors. accoun-
tants. purchasing and contracting agents. expeditors.
timekeepers. clerks and other personnel employed b\'
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 the agreed
upon schedule of job classifications referred to in para-
graph \\.4.\ or specifically covered by paragraph I I A.+-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
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11.5.2. Expenses I,r CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site.
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11.5.3. .-\ny part otCONTRACTOR'scapiral expenses.
including interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR for'
delinquent payments.
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11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Comract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub-
paragraph 11.4.5.9 aboveJ.
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11.5.5. Costs due to the negligem:e of CONTRAC-
TOR. any Subcontr:h.:tor. or anyone directly or indirectly
employed bv any of ,:l.:m or for who~e acts any of them
may be liabk ;n.:l'.iding but not limited to. the correction
of "1:'1,'( ;:.. ': llrk. Jisposal 1'1' m:.llcrials or equipment
wronglv Su. ..! ;'.. .: "':tkir.g good any damage to prop-
ert\..
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11.5.6. Other o\'erhead or general expense costs of
any kind and the costs of any item nOI specilically and
c::\oressl\" il1.:luded in oaragraph 11.4.
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CONTRACTOR's Fee:
1\.6. The CONTRACTOR's Fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11.6.1;. a mutually acceptable fixed fee: or if none can
be agreed upon.
11.6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 1104.1
and 11.4.2. the CONTRACTOR's Fee shall be fifteen
percent:
11.6.2.2. forccsts incurred under paragraph \1.4.3.
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 under paragraphs 11.~.4. 11.~.5 and 11.5:
11.6.204. the amount of credit to be allowed by
CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by a'1 amount equal to ten percent of the
net decrease: and
11.6.2.5. when both additions aJ.ld credits are
involved in anyone change. the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4. inclusive.
11. i. Whenever the cost of any Work is to be determined
pursuant to paragraph II.~ or 11.5. CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause Ihe Work so covered to be done
by such Subcontractors or Suppliers and for such sums within
the limit of the allowances as may be acceptable 10 ENGI-
NEER. CONTRACTOR agrees that:
11.8.1. The allowances include the cost 10 CON-
TRACTOR /less any applicable trade discounts) of mate-
rials and equipment required by the allowances to be deliv-
ered at the site. and all applicable taxes: and
11.8.2. CONTRACTOR's \.:Osts fur unloading and
handling on the site. lahor:. installation COSIS. overhead.
profit and other expenses contemplated for the allowances
have been included in the Cuntract Price and not in the
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allowances. No demand for additional payment on account
of any thereof will be .valid.
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Prior to final payment. an appropriate Change Order wiU be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRAcrOR. on account of Work covered
by allowances. and the Contract Price shall be correspond-
ingly adjusted.
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Unit Price 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 eac:h separately identified item of Unit Price
Work times the estimated quantity of each item as indi.
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are sOlely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
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11.9.2. Each unit price will be deemed to include an
amount considered by CONTRAcrOR to be adequate to
cover CONTRACTOR' s overhead and profit for each sep-
arately identified item.
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11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Article 11 if the parties are
unable to agree as to the amount of any such increase.
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ARTICLE 12-CHANGE OF CONTRAcr TIME
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12.1. The Contract Time may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shortening of the Contract Time shall be based on written
notice delivered by the 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 [he Contract Time
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shall be determined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRAcrOR cannot otherwise
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 others performing additional
work as contemplated by Article 7. or to fires. floods. labor
disputes. epidemics. abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the 'Agreement. The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers. architects.
attorneys and other professionals and coun and arbitration
costs) for delay by either party.
ARTICLE 13-W ARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS:
CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
W CIl'7'IUJIy and GlUll'DllUe:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be 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.
Aceas U) Work:
13.2. ENGINEER and ENGINEER's representatives.
other representatives of OWNER. testing agencies and gov-
ernmental agencies with jurisdictional interests will have access
to the Work at reasonable times for their observation. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
Tests aruJ Inspections:
13.3. CONTRACTOR shall give ENGIN EER 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 part thereof) to specifically
be inspected. tested or approved. CONTRACTOR shall
assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required certificates
of inspection. testing or approval. CONTRACTOR shall also
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be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN-
ER's or ENGINEER's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work. or of
materials or equipment submitted for approval prior to CON-
TRACTOR's purchase thereoffor incorporation in the Work.
The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specifiedl.
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13.5. All inspections. tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR (or by ENGI~EER if so
specified).
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13.6. If any Work (including the work of others) that is
to be inspected. tested or approved is covered without written
concurrence of ENGINEER. it must, if requested by ENGI-
NEER. be uncovered for observation. Such unco\"ering shall
be at CONTRACTOR's e:<pense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
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13.7. Neither observations by ENGINEER nor inspec-
tions. tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
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Uncovering Work:
13.8. If any Work is covered contrary to the written request
of ENGINEER. it must. if requested by ENGI:-';EER. be
unco\'ered for ENGI:-.JEER's observation and replaced at
CONTRACTOR's expense.
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13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or teSted by Others. CONTRACTOR. at ENGINEER's
request. shall uncover. expose or otherwise make available
for observation. inspection ~r testing as ENGI:-';EER may'
require. that portion of the Work in question. furnishing all
necessary labor. material and equipment. If it is found that
such \Vorkis dl:'lecril'l'. CONTRACTOR shall bear all direct.
indirect aml .:onsequential costs of such unco\"enng. expo-
sure. observalion. inspection and testing and of ~atisfactor\'
reconstruction. I including but not limited to fees and charges
of engineers. architects. attorneys and other professionals).
and OWN ER shall be entitled to an appropriate ue.:rease in
the Contract Price. anu. if [he parties are unable 10 agree as
to the amount thereof. may make a claim therefor ;IS provided
in Article II. If. hUll e\ er. such Well''' is not f,'und to be
del,'C'f/I'C'. CO~TR.-\CT()R ~hall be allowed an in.:rease in
(he C"ntra.:[ Pi"i.'. . " ...i .;\;c:nsiun of Ihe Contr:l.:t Time. l'r
both. Jir.:ctl\' attrll'utabk Lv such uncovering. c\posure.
obser\"ation. inspection. testing and reconstructi,'n: and. if
the parties are unable to agree as (0 the amount llr extent
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thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles II and 12.
Owner May Stop the Work:
13.10. If the Work is defectil'e. or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents. OWNER may order CONTRACTOR to s~op the
Work. or any portion thereof. until the cause for such order
has been eliminated: however.. this right of OWNER to stop
the Work shall not give rise to any duty on the pan of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party.
Correction or Removal of Defective Work:
13. I I. Ifrequired by ENGINEER. CONTRACTOR shall
promptly. as directed. either correct all defective Work.
. whether or not fabricated. installed or completed. or, if the
Work has been rejected by ENGINEER. remove it from the
site and replace it with nondefectil'e Work. CONTRACTOR
shall bear all direct. indirect and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers. architects. attorneys and other profes-
sionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents. any
Work is found to be defertil'e. CONTR.-\CTOR shall promptly.
without cost to OWNER and in accordance with OWNER's
written instructions. eiiher correct such ddecril'e Work. or.
if it has been rejected by OWNER. remove it from the site
and replace it with /Ionde/erril'e Work. If CONTRACTOR
does not promptly comply with the terms of such instructions.
or in an emergency where delay would cause serious risk of
loss or damage. OWNER may have the defectil'e Work cor-
rected or the rejected Work removed and replaced. and all
direct. indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of
engineers. architects. attorneys and other professionals) will
be paid by CONTRACTOR. In special circumstances where
a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work. the correction
period for that item may S13rt to run from an earlier date if
so provided in the Specifications or by Written Amendment.
.-tcceptance of Defective Work:
I J.I3. If. insteau of requiring correction or removal and
replacement of de;L'('(i\'(' Work. O\V~ER land. prior to
ENGIN EER's recommenu,ltion uf final payment. also
ENGIN EER) prefers to accept it. OWNER may do so. CON-
TRACTOR shall hear all direct. indirect and consequential
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costs attributable to OWNER's evaluation of and determi-
nation to accept such defective Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges of engineers. architects. attor- .
neys and otherprofessionalsl. if any such acceptance occurs
prior to ENGINEER's recommendation of final payment. a
Change Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Work:
and OWNER shall be entitled to an appropriate decrease in
the ContraclPrice. and. ifthepanies are unable to agree as
to the amount thereof. OWNER may make a claim therefor
as provided in Anicle 11. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
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OWNER May Correct Defective Work:
13.14.. If CONTRACTOR fails within a reasonable time
after" written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11. or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents. or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may. after seven days' writ-
ten notice to CONTRACTOR. correct and remedy any such
I deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action, OWNER
may exclude CONTRACTOR from all or pan of the site. take
I possession of all or pan of the Work. and suspend CON-
TRACTOR's services related thereto. take possession of
CONTRACTOR's tools. appliances. construction equipment
and machinery at the site and incorporate in the Work all
I materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
tatives. agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct. indirect and con-
sequential costs of OWNER in exercising such rights and
I remedies will be charged apinst CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Changc
Order will be issued incorporating the nccessary rcvisions in
the Contract Documents with respect to the Work: and
OWNER shall bc cntitled to an appropriate decrcasc in thc
Contract Price.. and. if the' panics arc unable to agree as to
the amount thereof. OWNER may makc a claim thercfor as .
I provided in Article II. Such direct, indircct and consequen-
tial costs will includc but not be limited to fces and chargcs
. of engineers. architects. attorncys and othcr professionals.
all court and arbitration costs and all costs of repair and
I replacement of work of others destroycd or damagcd by
correction. removal or rcplacemcnt of CONTRACTOR's
defective Work. CONTRACTOR shall not be allowed an
I extension of the Contract Time because of any delay in per-
formancc of the Work attributable to thc exercisc by OWNER
of OWNER's rights and rcmedics hcreunder.
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ARTICLE 14-PA YMENTS TO CONTRACTOR AND
COMPLETION
ScMthlk of VaiIles:
14.1. The schedule of values established as provided in
paragraph 2.9 will scrve as the basis for progress payments
and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER. Progress paymcnts on
account of Unit Price Work will be based on the numbcr of
units completed.
ApplWuion for Progress Paymeru:
14.2. At least twcnty days before each progress payment
is schcduled (but not more often than oncc a monthl. CON-
TRACTOR shall submit to ENGINEER for rcvicw an Appli-
cation for Payment fillcd out and signed by CONTRACTOR
covcring the Work completed as of the date of the Application
and accompanied by such supporting documcntation as is
required by thc Contract DoCuments. If payment is requested
on the basis of materials and equipmcnt not incorporated in
the Work but delivcred and suitably stored at thc site or at
another location agreed to in writing. the Application for
Payment shall also be accompanied by a bill of sale. invoicc
or other documentation warranting that O~ER has received'
the materials and equipment free and clear of alllicns. charges.
security interests and cncumbrances (which are hereinafter
in thesc General Conditions referred to as "Liens") and
evidencc 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 to OWNER. The amount of retainage with respect
to progress payments will be as stipulated in thc Agreement.
CONTRACTOR's Warnznly ofTuu:
14.3. CONTRACTOR warrants and guarantees that title
[0 all Work. materials and equipment covered by any Appli-
cation for Paymcnt. whcthcr incorporatcd in the Projcct or
not. will pass to OWNER no later than the time of paymcnt
free and clear of all Liens.
Re"~w of ApplU:ations for Progress Paymeru:
14.4. ENGINEER will. within ten days after receipt of
cach Application for Paymcnt. either indicate in writing a
recommendation of payment and prescnt the Application to
OWNER. or rcturn thc Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for rcfusing to rec-
ommcnd paymcnt. In the latter casc. CONTRACTOR may
make the nccessary corrections and resubmit the Applica-
tion. Tcn days after presentation of the Application for Pay-
mcnt with ENGINEER's rccommendation. the amount rec-
ommended will (subject to the provisions of the last sentence
of paragraph 14.7) becomc duc and when due will bc paid by
OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any paymcnt
rcqucsted in an Application for Payment will constitute a
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representation by ENGINEER to OWNER. based on ENGI-
NEER's on-site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
N EER' s review of the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the point indicated: that. to the best of ENGI-
NEER's knowledge. information and belief. the quality of
the Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. to the results of any
.subsequent tests called for in the Contract Documents. to a
final determination of quantities and classifications for Unit
Price Work under paragraph 9.10. and to any other qualifi-
cations stated in the recommendation): and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that exhaus-
tive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specirically assigned to ENGINEER in the
Contract Documents or that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
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/4.6. ENGINE~R's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC.
TOR's being entitled to final payment as set forth in paragraph
14. I3 have been fulfilled.
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14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGINEER's opinion. it
would be incorrect to make such representations to OWN ER. .
ENGINEER may also refuse to recommend any such pay-
ment. or. because of subsequently discovered evidence or
the results of subsequent inspections ortests. nullify any such
payment previously recommended. to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because:
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14.7.1. the Work is defecr;\'e. or completed ~orkhas
been damage? requiring correction or replacement.
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14.7.:!. the Contract Price has been reduced b'y Writ-
ten Amendment or Change Order.
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14.7.3. OWNE.R has been required to correct "1'11:("-
(h'e Work or complete Work in accordance with paragraph
13.14. 'or
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14.7.4. 01 ENGINEER's actual knowledge 01 the'
occurrence of any of the events enumerated in paragraphs
15.:!.1 through t"S.:!.9 inclusive. .
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OWN ER may refuse to make payment of the full amounl
recommended by ENGINEER because claims have been
made against OWNER un accuunt ul"CONTRACTOR's per.
formance or furnishing of the Work or Liens have been filed
in I:onneclion with the Work or [here are other items entitling
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OWNER to a set-off against the amount recommended. but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for such
action.
SubsUlntUU Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items speCifically listed by
CONTRACTOR as incomplete) and request that ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENGINEER shall.make an inspection of the Work to deter-
mine the status of completion. If ENGINEER does not con-
sider the Work substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix. the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If. after considering such objec-
tions. ENGINEER concludes that the Work is not substan-
tially complete. ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing. stating the reasons therefor. If.
after consideration of OWNER's objections. ENGINEER'
considers the Work substantially complete. ENGINEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be com-
pleted or corrected) reflecting such changes from the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWNER. At the time ot delivery
of the tentative certificate of Substantial Completion ENGI-
NEER will deliver to OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR with
respect to security. operation. safety. maintenance. heat.
utilities. insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the definitive
certificate of Substantia' Completion. ENGINEER's afore-
. said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to'exclude CON-
TRACTOR from the WorK after the date of Substantial Com-
pletion. but OWN ER shall allow CONTRACTOR reasonat-Ie
. access to complete or correct items on the tentative list.
Partial L'tili:ation:
14.10. Use by OWNER of any finished part of the Work.
which has specifically be.:n identified in the Conlracl Do.:u-
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ments. or which OWNER. ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and use able
pan of thc Work that can be uscd by OWNER without sig-
nificant interference With CONTRACTOR's pcrformanceof
thc rcmaindcr of the Work. may be accomplishcd prior to
Substantial Complction of all thc Work subject to thc follow.
ing:
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14.10.1. OWNER at any timc may rcqucst CON-
TRACTOR in writing to permit OWNER to usc any such
pan of the Work which OWNER bclieves to bc ready for
its intcnded usc and substantially complctc. If CON.
TRACTOR agrees. CONTRACTOR will certify to OWNER
and ENGINEER that said pan ofthc Work is substantially
completc and request ENGINEER to issue a ccrtificate of
Substantial Completion for that pan of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI.
NEER in writing that CONTRACTOR considcrs any such
pan of thc Work ready for its intcnded use and substan-
tially complctc and requcst ENGINEER to issue a certif-
icate of Substantial Complction for that pan of the Work.
Within a reasonable time after either such request. OWNER.
CONTRACTOR and ENGINEER shall make an inspcc-
tion of that pan of thc Work to detcrminc its s,atus of
completion. If ENGINEER does not consider that part of
thc Work to be substantially complcte. ENGINEER will
notify OWNER and CONTRACTOR in writing giving thc
reasons therefor. IfENG~EER considers that pan ofthc
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 pan of the Work and the
division of responsibility in respect thereof and access
thereto.
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14.10.1. OWNER may at any time request CON-
TRACTOR in writing to pcrmit OWNER to take over
operation of any such pan of the Work although it is not
substantially complcte. A copy of such rcquest will bc
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that pan of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate opcration by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security. operation. safety. maintenance. utilities. insur-
ancc. warrantics and guarantees for that part of thc Work
which will bccomc binding upon OWNER and CON-
TRACTOR at thc timc whcn OWNER takes ovcr such
operation (unlcss they shall have othcrwisc agrccd in writ-
ing and so informcd ENGINEER!. During such opcration
and prior to Substantial Completion of such part of thc
Work.. OWNER shall allow CONTRACTOR rcasonablc
access to complcte or correct itcms on said list and to
complete othcr rclated Work.
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14.10.3. No occupancy or separatc operation of pan
of the Work will be accomplished prior to compliancc with
the requircmcnts of paragraph 5.15 in respect of property
insurancc.
Final InspcClion:
14.11. Upon written notice from CONTRACTORthat thc
entire Work or an agreed portion thereof is completc. ENGI-
NEER will makc a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
paniculars in which this inspection reveals that thc Work is
incompletc or defective. CONTRACTOR shall immediatcly
take such measures as arc necessary to remcdy such defi-
ciencies.
Final Appliallion for Paymelll:
14.12~ After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenancc and operating ins011ctions. schedules. guaran-
tees. Bonds. certificates of inspection. markcd-up record
documents (as providcd in paragraph 6.19) and othcr docu-
ments--all as rcquired by the Contract Documents. and aftcr
ENGINEER has indicated that the Work is acceptable (sub.
ject to thc provisions of paragraph 14.16). CONTRACTOR
may makc application for final payment following thc pro-
cedure for progress paymcnts. The final Application for Pay-
ment shall bc accompanied by all documentation called for
in the Conuact Documents. together with complcte and legally
cffectivc releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Work. In
lieu thcreof and as approved by OWNER. CONTRACTOR
may furnish rcceipts or releases in full: an affidavit of CON-
TRACTOR that thc rcleascs and reccipts include all labor.
scrvices. matcrial and equipmcnt for which a Licn could bc
filcd. and that all payrolls. material and cquipment bills. and
other indebtedness connccted with the Work for which
OWNERorOWNER's property might in any way be respon-
siblc. have been paid or otherwise satisfied; and consent of
thc surety. if any. to final payment. If any Subcontractor or
Supplier fails to furnish a .releasc or reccipt in full. CON-
TRACTOR may furnish a Bond or othcr collatcral satisfac-
tory to OWNER to indemnify OWNER against any Licn.
Final Payment and Accepumu:
14.13. If. on thc basis of ENGINEER's observation of
thcWork during construction and final inspection. and
ENGINEER's rcvicw of thc final Application for Paymcnt
and accompanying documentation-all as rcquired by the
Contract Documents. ENGINEER is satisficd that the Work
has been completed and CONTRACTOR's other obligations
undcr the Contract Documents havc been fulfillcd. ENGI-
NEER will. within ten days aftcr reccipt of the final Appli-
cation' for Payment. indicatc in writing ENGINEER's rcc-
ommcndation of paymcnt and prcscnt the Application to
OWNER for payment. Thereupon ENGINEER will give
written noticc to OWNER and CONTRACTOR that thc Work
is acccptable subjcct to the provisions of paragraph 14.16.
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Otherwise, ENGINEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final payment.. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thirty. days after presentation to OWNER of the
Application and accompanying documentation. in appropri-
ate form and substance. and with ENGINEER's recommen-
dation and notice of acceptability. the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR.
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14.14. If. through no fault of CONTRACTOR. final com.
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms. OWNER shall. upon receipt of CON-
TRACTOR's final Application for Payment and recommen-
dation of ENGINEER. and without terminating the Agree-
ment. make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment. and if Bonds have been furnished as required in para-
graph 5.1. the written consent of the surety to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov-
erning final payment. except that it shall not constitute a
waiver of claims.
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Contracto"rs Continuing Obligation:
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 an\' 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 correction of defectil'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 14.16l.
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Wai~'er of Claims:
14.16. The making and acceptance or" tinal pa\'ment will
conSlllute:
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14.16.1. a waiver of all claims b\' OWNER against
CO:-JTRACTOR, except claims arising from unsell led
Liens. from det<.ctil'(' Work appearing aftertinal inspec-
rilln pursuanllo paragraph 14.llur from failure tll .:ompl~
\\ ith (he l-ontract DIlcuments or the (erms of allY special
guaranlces specified therein: however. it will nIl! consti-
!lI(e a \\ai\'er n\" OWNER of aO\' rights In r~~p.:ct llr"
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CONTRACTOR;s continuing obligations under the Con-
tract Documents: and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE 15-SUSPENSION OF WORK AND
TERMINATION
Own,r May 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 if CONTRACTOR
makes an approved claim therefor as provided in Articles 1\
and 12.
OwnlT May TermilUUe:
15.2. Upon the occurrence of anyone or more of the
foUowing events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title II. United
States Code). as now or hereafter in effect. or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency:
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of tiling. or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency.:
15.2.3. if CONTRACTOR makes a general assignment
for the benefit of creditors:
15.2.4. 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 writing an mabil-
ity to pay its debts generally as they becI)me due:
15.2.6. if CONTRACTOR persistently fails to perform
the Work in al:l.:Ordance with the Cllntract Documents
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(including. but not limited to. failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time):
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15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction:
15.2;8. if CONTRACTOR disregards the authority of
ENGINEER: or
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15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract'Docu-
ments:
I OWNER may, after giving CONTRACTOR (and the surety.
if there be one) seven days' written notice and to the extent
I permitted by Laws and Regulations. terminate the services
of CONTRACTOR. exclude CONTRACTOR from the site
and take possession ofthe Work and of all CONTRACTOR's
I 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
I 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
I further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct. indirect and
consequential costs of completing the Work <including but
I not limited to fees and charges of engineers. architects. attor-
neys and other professionals and coun and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance. CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work performed.
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15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against 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' written 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 limited to. fees and charges
of engineers. architects. attorneys and other professionals
and court and arbitration costs).
Colll1Gt:tDr May Stop Wort or TerminDU:
15.5. If. through no act or fault of CONTRACTOR. the
Work is 'iuspended for a period of more than ninety days by
. OWNER or under an order of coun or other public authoritY.
or ENGINEER fails to act on any Application for Payment
within thiny days after it is submitted. or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due. then CONTRACTOR may. upon seven
days' written notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement. if ENGINEER has failed to act on an Appli-
cation for Payment or OWNER has failed to make any pay-
ment as aforesaid. CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreemei'lts with OWNER. .
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ARTICLE l6--ARBITRATION
16.1 All claims, disputes and other matters in question between
OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu-
ments or the breach thereof shall be decided under Georgia Law in the
Superior Court of Richmond County, Georgia.
(The remainder of this page VIaS left blank intentionally.)
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ARTICLE 17-MISCELLANEOUS
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Giving Notice:
17.1. Whenever any provision of the Contract Docu-
ments requires the giving of written notice. it will be deemed
to have been validly given if delivered in person to the indi-
vidual or to a member of the firm or to an officer of the
corporation for whom it is intended.. or if delivered at or sent
by registered or certified mail. postage prepaid. to the last
business address known to the giver of the notice.
CompUlaJi.on of Time:
17.2.1. When any period of time is referred to in the
Contrnct Documents by days. it will be computed to exclude
the first and include the last day of such period. If the last
day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable
jurisdiction. such day will be omitted from the computa-
tion.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
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General:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error. omis-
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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 17.3 shall
.nOl be construed. as a substitute for or a waiver of the pro-'
visions of any applicable statute of limitations. or repose.
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the parties hereto. and. in particular but without
limitation. the warranties. guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.30. 13. I. 13.12. 13.14.
14.3 and 15.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder. are in addition to.
and are not to be construed in any way as a limitation of. any
rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations. by
special warranty or guarantee or by other provisions of the
Contract Documents. and the provisions of this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty. obliga-
tion. right and remedy to which they apply. All representa-
tions. warranties and guarantees made in the Contract Doc-
uments will survive final payment and termination or com-
pletion of the Agreement.
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SUPPLEMENTARY CONDITIONS
1.1 OWNER'S LIABILITY & PROPERTY INSURANCE:
section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General
Conditions shall be amended as follows:
No additional iiability or property insurance,will be
purchased by Augusta-Richmond County for this project.
Current insurance coverages will remain in effect for
the life of this Contract.
1.2 CONTRACTOR'S LIABILITY:
As indicated under Section 5.3 of the General Conditions,
the Contractor's Liability Insurance shall be in an amount not
less than $200,000 for injuries, including accidental death, to
anyone person, and subject to the same limit for each person,
in an amount not less than $500,000 on account of one accident,
and contractor's Property Damage Insurance in an amount not
less than $100,000 for all property damage sustained by anyone
person in anyone accident; and a limit of liability of not
less than $200,000 for any such damage sustained by two or more
persons in anyone accident.
The Contractor shall either (1) require each of his
subcontractors to procure and to maintain during the life of
his subcontract, Subcontractor's Liability and Property Damage
Insurance of the type and in the same amounts as specified in
the preceding paragraph, or (2) insure the activities of his
subcontractors in his own policy.
1.3 SPECIAL HAZARDS:
The Contractor's and his.'Subcontractor's Liability and
property Damage Insurance sh~ll 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 l~nes,
power lines, telephone lines, gas lines, other
utilities and private structures contiguous to the
job site. ..
SC-1
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1.4 TESTING LABORATORY:
All testing and laboratory work in connection therewith
shall be performed by an independent firm. and paid for by the
Contractor. Copies of all test reports shall be forwarded to
Augusta-Richmond County Public Works. There will be no
separate payment for this work.
1.5 SURVEYS:
The Contractor will provide surveying for construction
staking, horizontal control and vertical control as necessary.
1.6 PROGRESS PAYMENT:
section 14.2 of the General Conditions shall be amended as
follows:
The contractor may submit monthly estimate for work
completed and materials properly stored as approved
by the Engineer. When an estimate includes
materials stored, a bill of sale, invoice or other
documentation warranting that the Owner is receiving
the material free and clear of all liens, charges,
secur i ty interest and other encumbrances sha 11 be
attached to the payment request.
1. 7 ENGINEER:
All references to "Engineer" shall be interpreted to mean
the Augusta-Richmond County Engineer, or his official designee.
(References 4.3, 1.4, 3.2)
1.8 UNDERGROUND UTILITIES:
The Contractor shall coordinate with all utility companies
through the "one call" method or other appropriate steps to
locate and avoid damage .to all utilities that may affect or be
affected by the Contractor's work.
(Reference 6.20)
1.9 SAFETY:
The Contractor shall use certified flagmen, barricades and
signs as necessary to notify the public, in particular those
persons driving in the vicinity of the project, of the
construction and its affect on traffic.
SC-2
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SECTION P
PROPOSAL
Date:
May 24, 1996
Gentlemen:
In compliance with your invitation for bids dated
May 2 , 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:
Kamell West Subdivision Drainage Improvements
Project Number: 55-8397-095
in strict accordance with the Contract Documents and in
consideration of the amounts shown on the Bid Schedule
attached hereto and totaling:
Fifty thousand four hundred twenty-three and no/lOO---------dollars
DOLLARS ($
50,423.00
The undersigned hereby agrees that, upon written
acceptance of this bid, he will within 10 days of receipt of
such notice execute a formal contract agreement with the
OWNER, and that he will provide the bond or guarantees
required by the Contract Documents.
The undersigned hereby agrees that, if awarded the
contract, he will commence the work within 10 calendar
days after the date of written notice to proceed, and that he
will complete the work within 45 calendar days.
The undersigned acknowledges receipt of the
following addenda:
Respectfully Submitted
Nordmann Contracting. Inc.
(Name of Firm)
P.O. Box 16103 Au~]sta. GA 30919
(Business Address)
By: (]~4
Ti tIe: President
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KAMELL WEST SID DRAINAGE IMPROVEMENT
PROJECT NUMBER: 55-8397-095
DETAILED ESTIMATE
OJ1!7/96
09:10-0' .\.\1
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~~'~B1l""::,'::,::~"@i:i":,:,:!!"~iil~Jfi6~l~..I':i.Jfl.I:I:,:,,:,',;:,:-,:'i:I:.i.:'~li!::i~I@~-:..::..::',:~~~::.ii::::::)ili::'ili'i'~~6~:!:')::':\
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207 -0203 :fOUND BKfILL MATL. TP 2 i CU YD ! 20 35 .00 700.00
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230-1000 ,LUMP SUM CONSTRUCTION I LUMP 1 10 ,000 .00
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441-0 104 'CONC SIDEWALK. 4 IN THICK ! i 220 i 26 .95 5 ,929 .00
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500-3 10] iCL A CONC (1 125 HEADWALL) CU YD 5 I 510.00 ; 2,550 .00
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550-1480 :STORM DRAIN PIPE. 48 IN. H 1-10 RCP LN IT i 156\ 129 .00 20 ,124 .00
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603-]012 1STN PLAIN RIP RAP. 12 IN SOYD 20 40. 00 j 800.00
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6 \ 0-000 1 [REM MASONRY mOOD FENCE i LN IT 60 14.00 840
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6] 0-0003 I REM PORTION OF EXIST BLDG. STA ]+78 , LUMP 1 I
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610-0220 fENCE I LN IT 65 I
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610-2745 ;REM CONC DRIVEWA Y PAVING l SQ YD 220 i 9.50 2,090. 00
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!RECONSTR I I 65.00 ! 3,900.00
61 1-000 1 MASONRY mOOD fENCE I LN IT 60 I
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S(L YD I i 7.00 i 980.00
700-9100 ! BLOCK SOD 140 , I
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TOTAL CONTRACT PRICE:
$50,423.00
~:"NOTE" Lump Sum Construction includes, but is not limited to the following:
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;: Fill behind wings of 1125 headwall 20 CU YD
Sawed Joints
Remove existing storm pipe 156 LN FT
Connect new 48" RCP to existing junction box
Reconstruct wood fences and gates
Grassing behind wings of 1125 headwall
Nordmann Contractinq, Inc.
CONTRACTOR
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GENERAL NOTES
AGGREGATE SURFACE COURSE:
The item aggregate surface course is for use in inclement
weather to facilitate the movement of local traffic along
roadway construction and to permit ingress and egress at
drives. When used for this purpose, section 318, Georgia
Standard Specifications, is modified to permit truck dumping'
on unprepared and muddy subgrade. section 318 is further
modified to' permit the use of crusher run stone as described
in Subsection 806.02. The Contractor will have the choice of
the following materials. '
Graded Aggregate
Coarse Aggregate Size 467
Stabilizer, Aggregate Type 1 or 2
Crushed stone
Subsection 815.01
Subsection 800.01
section 803
Subsection 806.02
All materials to be used as directed by the Engineer.
AS-BUILT PLANS:
The Contractor shall furnish a legible set of "as-built"
plans, in goo~ 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.
COMPACTION:
All compaction shall be as defined in the current edition of
Georgia Department.ofTransportation Specifications. Special
attention shall be given-to the backfill or 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.
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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 6111bs. 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 when shown in the contract as
a specific pay item.
The Contractor sha~l provide borrow and/or waste pits for this
project. All pits acquired for use on this project shall be
reclaimed in accordance with Section 160 of the Standard
Specifications. The Contractor's attention is directed to
Subsection 107.23 of the specifications.
All storm drain pipe, side drain pipe, pipe culvert wingwalls,
steps, retaining walls, 'curbs and gutters, headwalls, all
types of pavement, wooden structures, except those
specifically shown as a removal pay item shall be removed as
Clearing and Grubbing, Grading Complete, Grading Per Mile or
Lump Sum Construction.
All miscellaneous construction details shall be in accordance
with Georgia Standard 9031-H.
CONSTRUCTION LAYOUT:
Construction layout work shall be performed by the Contractor.
See Sectio~ 149 of the Standard Specifications.
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.
EROSION AND SEDIMENT CONTROL:
The Contractor shall be responsible for all soil erosion and
sediment control practices. All on-site erosion control shall
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comply with local Augusta-Richmond County erosion and sediment
control ordinances. The cost of this work shall be included
in the cost of the project unless shown as a separate pay
item.
EXCESS MATERIAL:
All excess material is to be disposed of as directed by the
Engineer or as noted in Subsection 107.23 of the
Specifications.
FENCE:
All new fence called for on the plans and/ or contract
documents shall meet the requirements of Section 643 of the
Georgia Department of Transportation Standard Specifications,
current edition. New fence not meeting these Specs will be
rejected.
In contracts where remove and reset fence items are involved
(ei ther as pay items or) as Lump Sum Construction) all
replacement fence shall be equal to or better than the
existing fence as approved by the Engineer. This means equal
to or better than the original fence at the time of it' s
installation.
In accordance with Subsection 643. 03D the Contractor must
furnish positive locking devices, padlocks and keys with all
gate assemblies,.
FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the
construction of this project are to be returned to the pre-
existing shape and slope and then finished and dressed. No
separate payment will be made for grassing, fertilizing and
mulching of disturbed areas, unless specifically shown as a
pay item.
FLAGGING:
Flaggers shall be provided as required to handle traffic, as
specified in the Plans or Special Provisions, and as required
by the Engineer.
All flaggers shall meet the requirement of part 6F of the
MUTCD and must have received training and a certificate upon
completion of the training from a Department approved training
program. Failure to provide certified flaggers as required
above shall be reason for the Engineer suspending work
. involving the flagger (s) until the Contractor provides the
certified flagger(s).
Flaggers. shall wear a fluorescent orange cap or hat, and a
fluorescent orange vest, shirt, or jacket, and shall use a
Stop/Slow paddle meeting the requirements of section 6F-2 of
the MUTCD for controlling traffic. The Stop/Slow paddle shall
have a shaft length of six (6) feet minimum. In addition to
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the flag as an additional device to attract attention. For
night work, the vest shall have reflectorized stripes on front
and back.
Signs for flagger traffic control shall be placed in advance
of the flagging operation in accordance with the MUTCD. In
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 traff ic 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 1030-0 and Section 207 of the Standard
Specifications. No separate pay item will be made for this
material or its placement.
FOUNDATION BACKFILL MATERIAL, TYPE II:
Foundation Backfill Material, Type II shall conform to Georgia
Standard 1030-0 and section 207 of the Standard Specifications
and shall be used in wet/unstable conditions as directed by
the Engineer. It shall also' be used beneath all concrete box
culverts. Quantities shall be measured for payment in
accordance with Georgia Standard 1030-C or as directed by the
Engineer. Payment shall be per cubic yard unless otherwise
specified in the contract.
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 proj ect . 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 subgrade and/or normal
excavation for drainage structures, ordered by the Engineer,
will be considered for payment.
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GRASSING AND EROSION CONTROL:
The Contractor shall bid on grassing, lump sum, and it shall
be his responsibiiity 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 practices including Temporary Grassing,
Temporary Mulch and other temporary 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.
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.
INSPECTION:
This project will be inspected by the Engineer or his
Representative.
MISCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structure such as Catch Basins,
Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain
Inlets, Special Inlets, etc. whether standard or special
design shall be paid for Per Each. There will be no separate
payment for additional depth unless specifically shown as a
pay item. NOTE: All Catch Basins, Drop Inlets, Manholes,
expo"sed Junction Boxes, etc . with concrete tops labs 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.
PIPE CULVERTS:
Unless otherwise noted, all cross drain, longitudinal and stub
pipe are to be reinforced concrete.
All required pipe culverts shall be in accordance with
Standard 1030-D.
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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 CORNERS AND MARKERS:
Existing property corners in conflict with construction,
disturbed by construction, or to be in a new location due to
right-of-way acquisition are to. be reset by the Contractor at
the proper time. No separate payment will be made for this
work.
REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES:
It shall be the' Contractor's responsibility to remove and
reset any and all existing ornamental shrubs and bushes in
conflict with proposed construction. Coordination with the
property owners is essential in this endeavor. The Contractor
will not be held responsible for care and maintenance after
removing and resetting these plants except in cases where the
Contractor's equipment causes irreparable damage or where
plants die as the result of negligence on the Contractor's
part. In which cases, the Cont~actor will be held responsible
for replacement. No separate payment will be made for this
work or replacements unless specifically shown as a pay item.
REMOVING AND RESETTING OF OBSTRUCTIONS:
It shall be the Contractor's responsibility to remove and
reset any and all obstructions such as fences, signs, concrete
or brick planters, steps, walkways, brick or concrete entrance
columns, etc. which.arein conflict with construction and are
responsible for the security of pets and/or personal property
through the use of temporary fence if necessary. No separate
payment will be made for this work except when shown as a
separate pay item.
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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 uti~ized
and a description of the intended use. The agreement must be
signed by both the property owner and the Contractor and will
be reviewed and recorded by the Engineer. Such agreements
must be submitted prior to the Contractor's use of the
property.
SALVAGEABLE MATERIAL:
As directed by the Engineer or his Representative, all
salvageable materials, such as drainage pipe, which require
removing but are not to be used on this project, are to be
stored within the right-of-way by the Contractor. These
materials shall be picked up and transported by Augusta-
Richmond County forces.
SAW CUTS:
When matching existing conditions, saw cuts shall be used as
required by Augusta-Richmond County. only saw cuts in
Portland Cement Concrete which are shown as contract pay items
will be paid for separately. No saw cuts in asphaltic
concrete will be paid for separately.
SPECIFICATIONS, STANDARDS AND OTHER DATA:
All references in this document, which includes all papers,
writings, documents, drawings, or photographs used, or to be
used in connection with this document, to State Highway of
Georgia, State Highway Department, Highway Department, or
Department when the context thereof means the Georgia
Department of Transportation mean, and shall be deemed to
mean, Augusta-Richmond County, Augusta-Richmond County
Commission-Council Department of Engineering Services.
The date, together with all other information shown on these
plans, or indicated in any way thereby, whether by drawings or
notes or in any other matter, are based upon field
investigations and are believed to be indicative of actual
conditions. However, the same are shown as information only,
are not guaranteed, and do not bind Augusta-Richmond County,
Georgia in any way. Only the actual quantities completed and
accepted will be paid for. The attention of the bidder is
specifically directed to Subsections 102.04, 102.05, and
104.03 of the Standard Specifications, of the Georgia
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Department of Transportation, current edition, which will be
part of this contract.
This project is based on and shail 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.
STORM DRAIN PIPE:
Unless otherwise noted, all storm drain, longitudinal and stub
pipe are to be reinforced concrete.
SUBCONTRACTORS:
The Contractor shall furnish the official name of all firms he
proposes to use as Subcontractors in the work. This
information should be. furnished at the Preconstruct ion
Conference. However, no work shall be done on this project by
a Subcontractor until the Contractor receive written approval
of his Subcontractor (s) from the Engineer. The Engineer shall
notify the Contractor, in writing within 10 calendar days
whether or not approval of the Subcontractor(s) is granted.
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
project (see section 500 of
Transportation Specifications).
where.necessary.
tests are required on this
the Georgia Department of
Other tests may be required
All test results are to-be submitted to the Engineer. No
separate payment will be made for employing the testing
laboratory or any required tests. .
On projects that include asphaltic concrete, cores shall be
cut in the asphaltic concrete at random locations, selected by
the Enginee~, 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
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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.
TRAFFIC CONTROL:
The Contractor shall provide construction signs in accordance
wi th 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 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.
TREE WELLS, TREE WALLS AND ROOT PROTECTION:
This work will be done in accordance with section 703 of the
Standard Specifications. Where possible, the Contractor is to
save and protect selected trees and shrubs. If it becomes
necessary, the Contractor, with the approval of the Engineer,
is to protect these trees and shrubs by means of small
retaining walls, tree wells and porous material placed to'
protect the root system. No separate payment will be made for
this work unless a pay item is provided.
UTILITIES:
The Contractor's attention is directed to the probability of
encountering private _utility installations consisting of
sanitary sewers, water,- sprinkler systems, ornamental light
systems, gas and underground telephone cables, etc. that
either are obstructions to the prosecution of the work and
need to be moved out of the way or, if not, must be properly
protected during construction. No separate payment will be
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made for this work. Public utilities of this nature will be
handled by the utility owner.
THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS:
Georgia Power Company
Post Office Box 488
Augusta, Georgia 30904
Telephone (706)724-0892
Georgia Natural Gas Company
Post Office Box 1426
Augusta, Georgia 30913
Telephone (706)722-7791
Soutnern Bell Telephone
440 Walker Street
Augusta, Georgia 30901
Telephone (706)828-8500
Jones Intercable, Inc.
1424 Monte Sano Avenue
Augusta, Georgia 30904
Telephone (706)736-6515
Urban Services Water &
530 Greene Street
Augusta, Georgia 30901
Telephone (706)821-1706
Sewer
Mr. Max Hicks
Augusta-Richmond County
2822 Central Avenue
Augusta, Georgia 30909
Water Works
UTILITIES:
All utility . facilities which are in conflict with
construction, not covered as specific items in the detailed
estimate, are to be removed and relocated. to clear
construction by the respective owners, unless added later to
the contract as a supplemental item. 'AII "above ground"
utility structures will be located as near as possible to the
right-of-way line.
The Contractor will not be paid for
expense caused by utility facilities,
other items not being removed or
construction in advance of his work.
any delays or extra
obstructions or any
relocated to clear
All known utility facilities are shown schematically on
highway plans, and not necessarily accurate in location as to
plan or elevation. -Utility facilities such as service lines
or unknown facilities not shown on the plans will not relieve
.the Contractor of his.responsibility under this requirement
except as noted below. "Existing 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.
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The following utility owners have facilities which may conflict
with construction of this project:
NAME OF UTILITY OWNER
TYPE OF FACILITY
Georgia Power Company
Georgia Natural Gas company
Jones Cable T.V.
Southern Bell Telephone
Augusta-Richmond Co. Water
and Sewer
Power
Gas
Cable
Telephone
Water, Sewer
The Contractor shall use the one-call center telephone number
1-800-282-7411 for the purposes of coordinating the marking of
underground utilities. I
The Contractor's attention is directed to the probability of
encountering private utility installations consisting of
sanitary sewers, water, sprinkler systems, ornamental light
systems, gas and underground telephone cables that either are
obstructions to the prosecution of the work and need to be
moved out of the way or, if not, must be properly protected
during construction. No separate payment will be made for
this work. Public utilities of this nature will be handled by
the utility owner.
UTILITY-ACCOMMODATION POLICY:
In so far as possible work shall be scheduled so that
open excavations will not be left overnight. Where trenches,
pits or other excavations are within the clear roadside areas
and cannot be backfilled before leaving the job site, they
shall be covered by timbers or metal plates and protected by
reflectorized and/or lighted barricades as appropriate and as
directed by the Engineer. Barricades sufficient to prevent a
person from falling into an excavated or work area must be
erected in areas where these conditions exist.
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S~ptember 13, 1991
April 7,
AprilS, 1993
First Usel May 28. 1993
First use 1993
DEPARmENT OF ~RTATIClN' July 1, 1993
State of Georgia
1992
,
SPECIAL PROVISION
)o)IFICATIOH OF SPCrIOR 150.~ '!'RAFFte CONTROL
150.01 DESCRIPTION
Delete second sentence and substitute:
Activities shall consist of furnishing, installing, maintaining, and
removing necessary traffic signs, barricades, lights. signals, cones,
pavement markings and other traffic control devices and shall include
flagging and other means for guidance and protection of vehicular and
~estrian traffic through the Work Zone_
150.02 N.
Add:
N. All existing pedestrian walkaways shall be maintained. Whenever
changed to the worksite necessitate changes to existing walkways,
temporary walkways shall be provided and maintained, with
appropriate signs as necessary, to allow safe passage of pedestrian
traffic.
150.03 B. SIGNS:
Retain as written and add:
All construction warning signs shall bl removed within seven
calendar days after time charges are stopped or pay items are
complete. Subsequent punch-list or othetwork to be performed
shall be accomplished utilizing temporary construction warning
signs that shall be removed daily.
150.04 A. PAVEMENT MMUaNGS:
Delete first sentence and substitute:
Generally, full pattern pavement markings in accordance with
Section 652 and in confomance with Section 3A and 3B, except 3B-3
and 3B-S, of the MU'fCO are required on all courses before the
roadway is opened to traffic. No passing lones shall be marked to
confor.m to Section 150.04 E.
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lSO.O' D.l.b. NO PASSING BA1UU1:RS
Delete first sentence and substitute:
Full no-passing zone markings ~hall be marked daily and conform to
Section 652 and in a.ccordance with Sections 3A and 3B, except 3B-3
and 3B-S. of the MO'l'CD. No passing :zen's' shall be marked to
.conform to Section 150. D4E.
lSO.04.D.1.e.
Delete as 'written and add:
c. EDGELINES :
(1) Bituminous Surface. 'Treat:JDent Paving: Edgelines will not be
required on intermediate surfaces (including asphaltic
concrete leveling for bituminous surtacetreatment paving)
that are in use for a period of less than sixty (60) calendar
days except at bridge approaches, on lane transitions, lane
shifts, and in such other areas as detennined by the Engineer.
On the final surface edgelines must hi placed within thirty
(30) calendar days of the time ~t the surface was placed.
(2) All Other Types of Pavement: Edgelinet will not be require'd
on intermediate surfaces that: are in use for a period of less
than thirty (30) calendar days except at bridge approaches, on
lane transitions, lane \shifts. and in such other areas as
dete~ed by the Engineer. On the final surface edgelines
must be placed within fourteen (14) calendar days of the time
that the surface was placed.
150.04 E. Delete -APPLICATION OF TRAFFIC STRIPES- in heading of
Paragraph E. and add: APPLICATION OF PAVEMENT MARKINGS
Delete second paragraph and substitut~:
Pavement markings shall re-establish ~o-passing zones in the
locations and configuration that existed prior to
construction. Existing no.passing .tones shall be clearly
identified as to location prior to construction by staking
or erection of -00 NOT PASS- and. -PASt WITH CAREW signs. On
new location projects and on p~ojects where either
horizontal or vertical alignments have been modified, the
location of no-passing zones will be identified Py the
Engineer.
150.05 - FI~ 150.B:
Delete -Note- and substitute:
-Note: Vertical panels or striped d~ required for this
location. spaced at 50 ft. intervals.-
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ReV. FebrUarY 25, 1991
fiTS~ use: May 24, 1991
DEPARIMENl' OF'~CN
.., State at GecrVia
. SOPPUMENrAL S?D:IFICATICN
~~ 150 - 'mAFFIC cnt1KL
Delete Secticn 150 as written mld substitute the folloo.nq:
150.01 DES:lUPtICN: 1his section as supplemented by the plans,
Spe=ifications, and MIJ'IC) shall be consi~da the 'traffic Control Plan.
Acti:vities shall consist. of :furnishing, installing, rnaintai.ni.ng, zsnd
renrNi.nq necessary traf:fic signs, barricades. lights, signals. ccoes.
pavermnt marldnqs and other ttaffic. ccntrol Csvic:es and shall incluee
flagqinq and ot:har !mans for guidance and prot:ec:tic:n of traffic thr~gh
the Wcrk Zooe. 'Ibis ~ shall include both .1Dilintaining existinq
devices (excludinq '.traffic: Signals) and inSUllling additicna.l devices
as necessary in ccns""~..ion work %OneS. tIlen any provisions of this
Specification or the Plans cXJ net meet thtJ IninimJm requirenents of the
manual a'l Unifcm !l:raffic CcntrCl Devices (M[J'l'C)), cu:rrent edition. 'the
Mt1lO) c:cntrolS.
A. ~ c:ootractcr shell designate' a qUalified individual as the
~ksite '.I:raffic Control SUperVisor (W'ICS) who shall be responsible far
selecting, installing and mai.ntai.ni.nq all traffic control derices in
ao:ordanee with the Plans, Specificaticns, Spe:ial Prc:M.sicns and
K1!'CO. 'lhi.s individual's traffic control tesponsibilities shall have
priarity c;wer all other assigned duties.
As the represenbti ve of the Cont:ractcr, the WICS shall have full
authority to act en behalf of the Ccr1trector in administering the
~af:fic Control Plan. 'l1le wrcs shall have ~iate traininq in safe
traffic control.practices in accordance with Section 6A-6, pan:. VI of
the M[11tJ). In addi ticn tel the wn::s all others making' dec::isials
regarding traffic control DUSt neet the traini.ng 'requi.rEJ'l1ents of
Section 6A-6 'of the MIJ'IC). OnJprojects where traffic conuol duties
will' net require full tine supervision, the Engineer may allOJ the
Com:rac:t:.Or' s Project Sup&int.endent to 'serve as the wrcs as. long as
satisfactory results are c:btained. ~ wrc:s shall have a cor;ry of the
K1ICD, current edition, en the jc:b siu.
Ccpies of ~ current !'VICD .Day be cbtaineQ Uaas
Superintendent of Oc:c:\.1%ents
U.S. ~ Printing Offil"'P
Washingta1, D.C. 20402-9325
'!he Wlt:S &hall l::e available cna 24-hour basis as needed to maintain
traffic caltrOl c3evices \oIith access to all personnel, Jnaterials and
. equipoent necessary to ~nd effectivcly to an are.t'gency situation
witilin forty-five (45) minutes of notificaum of the e!rergeney.
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Od/17/93
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11:37 ~A~ ~U4 O~~ o~~u
&.IV & VV.ll&.&'\ ,-_...
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'!he wn:s shall supervise the initial installcttion of uaffic control
_ devices 1oIh.ic::h will be reviewed by the ~ prior to the beginning
of ccn.strUCtion. H::xll.fica:ticns to traffic ccntrcl devices as required
by sequence cf c.perations or staged CQnStrUCt1cn srust }:Je re11i.ewed by
the WlCS. '!be mcs shall regularly perfotm i,nGpeCtions tc ensure 'that
traffic ca'1trol is painta.ined.
B.- All t:%a.ffic CClrlUOl Qeviees used durincl the construction of ~
project shAll aeet the StBndarCs w;1; ...~ In the Ml1l'CD. and shall
cat91y with the requiremenu of 'theSe ~if;,..=rtions, Project Plzms,
and Special Provisicns. Reference is made to SUb-$ectialS 104.05,.
107.07, ana 107.09.
c. All reflectcrization for traffic control devices shall Jreet 'the
requirements of sec:ticn 91.3, Type 1., unless CJt,herWise spPt""; T; eel.
D. No ~k shall be started en any ptoject phaSe unti.l the
. ~iate traffic centrol devices haVe been placed in occordance with
Project r~. Qlanges to traffic flOli shall not camence
unless ell lator,' IDClterials, mld equi.pten1: _necessary to make the
changes are available a1 'the Project..
E. "lhe ~ shall sec:ure 1:heEn<;i.neer' s approval of 'the
Ccntracter's prc::posed plan of operation, sequence of \IlCrk and necl10ds
of providinq for the safe passage of traffit before it is placec1 in
c:pe.ration. 'n1e prcposed plan of q:eraticn shculd supplement 'the
approved traffic c:cntrOl pbn. ~ major changes 'to the approved
traffic control plan, prqx::sed by 'the cart:ractcr, are to be sul:mitted
1:0 the .eepart:merIt fer ~rcval .in accordanCe \dth SUb-SeCtia1 104.03 of
the StanOarc Spe--; -fi.catialS.
sane additional ttaffic ~;I.,lUl.XQl detailS will be required prior to arrt
major shifts of traffic. b traffic Calt.rcl details shall iIY=luCe,
blJt. not be limited to, the fou0dn9:
1.A &ttailed ~9 showinq tnffid lceaticn and laneage far
each step of th9 c:hange~
2. "!be lo:aticn, size, and nesS898 of. all signs required by' the
MO'ICO, Plans,- SpeCial Prc<rlSic:cs, and ether signs as required to
fit conditions. .
3. '!he rret:hoc! to be used in, and 1:he liJnits of, t:he cbliteraticn
of conflir;ting lineS and ~ki.n9S.
4. Type, location, and ectent of'new tines MC snarkings.
s. Hori%cnta1 and vertic:al. aliqnnent and superelevatiOl'1 rates
for detc:urs, including crOSS sectioo and prcfile grades along each
edge of uistin9 pavement.
c. Drainage details for tenparary ancl pexmanent ill\jllll"-'ts.
7. ID:atiOl'1, lencjth, and/or spacing
prcr-....ective eevices (~ barrier,
etC. ) .
of channelizing and
guardrail. barricadas.
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B _ Starting tim9, duration end ~ of planned c:h.ange.
9. FQr each ~ic shift, a paving plan, erection plan, or t.'Ork
site plan, as ~cpriate, detailing nen and equi.ptent necessary
to acec:aplisii. the prq:lOSeQ work. '!his will be the mi.nil:tun
re.sc:urc:e a1l~ al1~d to start t:he ~k.
".ttle al:;cve details shall be sutmitted to 1She' Engineer for zspproval at
least 14 Clays prior to the entic:ipated traffic: shift. '!be Cont.ractar
shall have traffic control Cetails. for a traffic shift ..mic:h has been
approved by the Enqineer in his possession prior to ccmrencenent of the
phySical shift. All preparatory \olOrk. rfllati ve . to the traffic shift
which does.not interfere with traffic sMll be acccn;>lished a min:imurn
of t\olO hcurs prior to the designated st.art.ing tine. '!be Engineer m1d
the ~'s represertt.A'U'Ve will verify .that. all condi.tions have
been 1De't: prier to the c:.cm:ractor cbtai..n.inq mater.ials for the zu::t;:Ual.
traffic shift. .
F. Traffic contrOl Oevices shall l::e in acceptable c:ondi lien \oilen
firSt erected on the project and shall be maintained in accorda.nC:e with
Sub-Seetion J.04 .05 throughc::ll.1t. the ecnstrueticn period. All
unaccept.able traffic centro! devices sMll be replaced within 24 holrs.
R1en net in use, all traffic cgnt:rel C1evices shall be rencved. placed
or c::overed so as not to be visible to traffic. . If traffic contrOl
devices are left in plar::e for DOre than 10 days after cc::a:pleticn of the
ibrk, the ~ shall have the" right to rezrQVe such devices, claim
possession thereOf, and &duct the ccst of such rem::wal !ran any JJCnies
due, or which may recOIl! due, the cattractor.
G. ~ nepart::meIIt reserves the right to resttict c:onstrud:ioo
cperations when, in the ~inioo of the Enpneer, the continuance of the
Work ~d5ericusly hinder traffic flOol on days iJmediately k:efore,
on, or after holidays or other days in wh1c:b unusuu traffic: c:aldi:ticns
. exist, inc:luding threat.erW1g or in,..]~t weather.
150.02 w:::IUt ZCH:S:. ...
A. '!raffic control shall be prcvideci' US~9 the. following materials:
l. portable advane;e \Tc1mi.n9 signs as required by the cc:ntraCt or
~g me requir~ts of the WI'OJand Sub-Section 150.03. .
2. Portable sequential or flash.UlcJ ~ panels liS mo.m in 'the
Plans or Speci.ficaticns for use en Intersta~ or nulti-~
highway lane closure c:n1Yr shall :be a rninimJm size of 48- high ~
96" wide with net less 'than 15 lanps used for the m::rcM. '1bf
aacw will o:::r::'JfJY virtUally the entire size of the arreu panel am
shall have a mi.niJm,m\ legibility distance of c:ne mile. ':[be mi.niJm,r.
1e<JibUi~ d;i.stance is that dist.anCct at ~ the ~ panel em
be carprehended by an c:bserver en a sunny day t or clear night.
Iu:r~ panels shall ~ equipped with autanatic dimninq featureS f=
use during' hoUrS of darkness. '!be an'C:U panels shall also pee'!
the requi.rements- as shc:7wm in the t.~ent editim of the MtJ!(D. ~
sequential or flashing e.rrcM panels shall not be used for lcm
closures on two-lane. twO-Way highweys when traffic is restric::te:
to one-lane ~ations in whic::l1 case, - appropriate signing
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flagger5 '2lnd when required. pUct vehicles will be dee:Ied
51Jffic.ient.
3. Portable variable !leSSa&;e signs 1JI!!eting 'the requirements af
section 632. .
4. c:harU1e.li%i-ng devices ~ 1:h! standards' of the MIJl'CD m1d
SUb-Secticn J.50. OS.
5. PrecaSt ccncrete ba1:rier ~ 'tJ1e ~ of ~..ial
622.
6. ~ traffic signals ueetin9 the requir~ts of Sect.im
641.
7. P~It. marking )ll2d::e:dals c;:b:IIplyi.n9 with SUb-Sec:ticn
150.04.A.
B. All lane closures shall have previout approval of the Fn~.
,Lane clc:::lSUre5 that. require sane direetial traffie to split around the
\obrk Area will net Ce ~ for roadwaYS with posted speeds of 35
~ or greater, excludin9 turn laneS.
c. 'mAFFIC p~ ~:
~. Px:ING CE ~: ~c: ~:th prier approval fran the Engineer,
traffic rray be paeed allcuing the eont:r~ up to ten (10)
minutes max:iJraD to w:k in or Bbove ill lanes af traffic far the
follCJ'olin9 purposes:
e.. Placing bridge ~1"S cr other bric3ge ~k
b. Placing ~~a sign sttu:tUreS
c. Other wxk it:ems requirin9 j,nter1:Upticn of traffic
~ centraeter shall previde a tmifocred -police officer wi:th
patrol vehicle and blue nashing light for each di..recticm of
pacing. 'Jbt pollee officer. Engmee:t. anCi flS998X's ert ranps shall
be proviaeQ with a radio whic:h allCW8 continuous c:ontzICt with the
eontraetcr .
'When ready to start the ~); acti:"ity, the police vehicle wilJ
pull into.1:he t,ravellanes and act as a pilot vehicle slCl\lli.rlg tbf
'traffic,. thereby providi.n9 Zl ~ in traffic allcwinq tl'2t
CcntractOI" to perfam the lobrk. Any r~ bebeeft 'the pace ant
the jcbsite shall beblccked durib9 pacing of uaffie, \llith j
nagger properlY dressed and equipped with a Stcp/S100J padCle
Each ~ sboUl~ be cpmed after the pollee vehicle haS passed-
pilot vehicJ.es me to t::r:zsvel at ill p.ce speed of not less than 2
1I;?h interstate end 10 nph non-interstate. '1b8 c.art%act:.ar shal
provide a vehicl!! tc pr~ in front of the police vehicle BI
behind the ether traffic in or~ ~ infom the contra.cter's w:n
:force tb!n _all vehicles have elear~ rl1e area.
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Traffic: will not be peDni.tted to ~ during pzscinq ~r'L in
extresre eases as approved by ~ Engineer.
2. !oEI'HtDS OF ~c;NIN; !'OR ~C p~:At a point net less
than 1,000 feet in advanee of the beqitlning point of the pace, the
Cart:rac:t.or shall erect and a:Ner e. W t>per;ial si~ (72 inch x 72
inch) with a Type -BD flashing light, with 'the le(Jend .'traffic
SlOoled Ahead Short Delay" (see Detail J.5D-A). variable nessage
sign mi!Y be used in lieu of W spe:-i ...1 sign. Ql c;livided highwayS
1:his sign shall be cicuble inc!icated. A \olOrker wi~ a ~
radio shall be posted at the sign,. and upon notice that the
traffic is to be paced shall tm:n CX1 the f1~hing light lmd reveal
the sign. ~ traffic is net beincJ paced. the flashing light
shall be turned off arid the sign masked or rcuoved. w-special
si.;ns are reflectQri%ed orange lmd bl-.ck. series "C. letterS and
border of the sUe ~Hied.
D. On nultilane highwayS 10lhere 1:nffic hat; been shifted to the inSide
lanes for ovemight use, - the entrance ahd exist ranps shall have
channelization devices. with steady bum lights. placed on both sides of
the rartJ? '!be t~rary r~ taper length shall be greater than, or
equal to. the existinc; t.2per length. 'l'errpCrary!:XIT gore signs shall
be placed at the rarrp divergence. OUUme.'..i.zatic:n device spacing in tile
first 100 feet of the terrporarY gcre shall be 25 feet.
E:. n1e transitiea to ~ or full width high\olaY at the end of a
lane closure shall be a ZPYilTDml cf 150 feet..
F. '1b prooride the c;reateSt possible cxtrvenience i:o the public in
accordance with suo-seetion 107.07, the c:ontraetor shall reacve all
signs, lane closure marki%:1gs, and aevices iJmediately when lane closure
\,1Qrk is' COIpleted or ~y suspended for any length of tiJIS or e.s
directed by the E:nqinee%;.
G.' 'lbe Contractor's t:ruc::ks and ether vehicles shall travel in tile
direction of ~~, roadwBy traffic unless separated by a positive
barrier. or when const::ro=tian. act.irity hecessitates otherWise. and
shall net. reverse dire:::tia1 ~~ at intersections, interchanges, or
approved tenporary crossings.
R. '!he Contractcr shall ensure that dust. nud, mlQ other debris :frtm
his ~tia\ cb net interlent. witt! normal traffiC: ~atiODS. or
adj acent prc::pert.ies.
I. Exi..stins street. lighting sMll remain lighted as lCD9 as practica.1
and tII'ltil resrcNal is approved by the D'1gi.ni!e.r.
J. 1\dequate terrpo.rary lighting shall ~ provided at all nighttima
~k sites where llolOrkers will be irmedia~y adjacent to tr:affic.
x. For tbeir cwn prat.ec:t.ial. workers in br adja!:ent 'to traffiC" a=in9
nightt:itre operat.i.~ shall wear reflec:torized vests.
L. 'nle parking of contraeter's and/or \olCrxers personal vehicles
. within the ~k area or adjacent to traffic is prohil:lited.
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"'~RAFF \ C ~1Vl..~
IO"} n" 110. ~
n" SLO WED ~stL~
-~.1 (7- j-t$- ~
." ~HEAD ~~~.
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S H 0. R] ..I2ELAY ~stL~
1&>1. ~:=' ;~-t-
.' t"rCIr.....".) .
Y1.~ $teu U'OII ~"'I' .
SICH SKau.. tU.VE _1.&:1< \..tllJ:NO .&110 ~
c:. CiU.H:.~ UJU:l:lCRIUD z,ACJCGRa:m.
1- J'nZitl
1111- ~
~.. ~IUS
~(. -rr n.Jl.SHDlC 1..Sl:J{f D!I -nu.mc SlOt
.,1/. .
53- . t 1.:1. 1
FIGURE lSD-A
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M. 'The "'Orksite traffic c:cnt:rol supervisor shall IlXX\itOr the w:lrK ~
ensure that All the ro:::ks, l:la1leers, c:cnstl'uct.icn debris, stc:x:koiled
materials,equiprent, tmls and other potential hazards are kept Clear
of the travelway. ~ itens .shall be sterad in a lCX2ticn, in so far
as practical, loIhere -they \.1i.ll not be subject 1:0 a vehicle running off
t.~ read and sttikinq them. ~
.lSO .03
SIQt$:
A. Where requiIed for prt:per traffic c::clntto1 during constn1.c4-...ioo of
the project. all existing guide, wanring, mlCl requlatcty signs shall l:.e
mi..ntai.ned by the Contractor in accordance \ti. th these Specifications.
Exist.i.nc; street tume signs shall.~ ~ at street i.ntersecti.cns.
All ex.ist.ing 'illuninated signs Gball remain lighted and be maintained
by the Contractor.
B. ~ not. in usa, all inapprcprUte 'traffic: signs or partialS
thereof shall be rem:wed, placed or covered t;o AS not to be visible to
traffic.
c. 'The Contractor Shall net rem:nte any e:risti.nq signs and suppans
wi. thout approval of the ~9ineer. All ~g signs ami $UptX1ttS
~ are to be rerroved shall be stored anc5 protected AS d.i.rec:ud by
'the. Engineer, and becaIe the property bf the Depart%nent unless
ct.herwise spe:ifi.ed in the t;n1t.ral:t d:lc:urrentk.
o. Tenporatj' guide, warning, or regulat:or1r signs required 1:0 direct
traffic shall be furnished, inst.Uled, reused and maint.ai..ned by the
Contract.cr in acccrdanee whh the Km:D. tha Plans. Special Prov:isi..cns,
or as directed by the blgineer. 'Ihese si~ shall remain the prq:lerty
of the O::zntractor. "!be bottan of all. ~ signs shall be at least
7 feet above the level of pavenent edge.
E. Eristinq special gui& signs Ql the . Project shall be mai.nt.ained
until conditions require a change in lc:c:atiCt1 or legend Content. ~
change is required, existing signs shall bQ ncdi.fied and continued in
use if the required nodificati.cn can be made within existing sign
borders using design requiremmts Clegena, letter size, spacinq,
bxder,etc~) equal to that. of the exi.stin; signs, or of SUb-Seeticn
150.03.E.5. Differing legend d:!signs may not be mixed in 'the sane
Sign.
~- Special guide. signs are those e:JCprcsSlolay or freeway guiee
signs that are designed with a nessllge content (legend) that
applies to a particular roaaway looaticn. ~ lUl existing
Special guide sign is' in conflict with \roDrk to be per.fODred, the
Contractor shall rencve the ccnflicti..bg sign and reset it in is
new, non-ccn:flieting lcx:atial Which has been approved by tOO
En9iheer .
2. ~ sr.cx:::m. GUIDE: SIGNSI Mhen it is not possible to
utili%e existing signs, either in place or relo::ated, the
Contractor shall furnish, erect, m3.intain, m:xli.fy, relc:x:ate, and
rem::we new teapor~ special guida signs in accordance with. the
Plans or as direc:tad by the Engineer.
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3: All teapc.ra-~ overhead special guide sign structureS shall be
lighted as scx:n as erecteci and shall remain llgbted. during the
hours of darkneSS, unt.U the. ~ sign .is no la1ger required.
~ c.cntractor. shall r1Oti:fy the ~ cmpany at least thi-~
(30) days prior to desi.ring o:xme::ticn to tile ~ sc:mee.
4. '!he installation of~new ~ sperv;~ guiee Signs and the
pu:mane:nt mod; f'.; caticn cr resetting of existing special guide
si~, 10Ihen included in 'the c:cntrae1:'., shall be eccatPJ.i,sheQ as
seen as practical to mi..ni,mUe ~ us. of ~ary special guide
signs. All new permanent overhead special guide &igns shall be
lighted Z2S soon as erected.
5. "l'ertp:lrary speci~1: -guide signs that may be required in
addition to. or ~ replacement far. ex:l.sti.n9 expressway z:snd f:r~
(intersUlte) signs IIU5t be designed And fabricaced in carpl.iance
with the JninimJrn requirenent::s. for gui:6e signing ccntained in Part
2E -Guide Signs Expressways" and Part 2F "Gui~ Signs Freeways. of
the MI1ICD, except that the minimJ'O size of all letterS and
InJn'erals in the names of places, streets and highways at all signs
shall be 16 .incheS series~. initial upper-case and 12 incheS
lower-case. All int:.erState shields en theSe signs shall be 48
inches and 60 inches for ~al and t,hree-nUrIEral raJt,eS.
respec:tively. AdQiticnally, the exit road muD! or route shield
shall be plaeedcn 'the exit ~ si~.
F. Posts for All ~ary (guide, warning, regW.l'ltory or "sr--; ~,
guic:le) sign installations shall be so ~ ~ yield upcn ilIpact
to JI1il1;m;<7e ha%arcs 'to 1IOtCrlstS or te pmtect.ed by t~r'ary traffic
barrier ex :i~ att..enUatOr.
G. All existing, t.enp:mUY, and new permanent signs shall be
inst:alled so as to l::e cat;>letely visible lor zm advance di.stm'ICe of at
least 500 feet. Limbs, brush,c:cnstrUCtion equipreot and mzrt:.erials
shall be kept clear of the driver's line of sight to the signs.
H. All ccn.St:r\JC'tiat warning signs shal1 have t"WO 18 inch x 18 irx:h
fluorescent red-crange or. grange-red warnin9 fl.aCJS mounted en eadl ~
displayed durin9 -aayligm hcI.lrs zmd a single directicm Type "A" yellc::M
flashing light \olhen displayed at niCJht,. including the project
c:cnstrUcticn signs (G2Q-l and G2G-21. Warning signs shall be placed
ahead of ccristnlCticn in accordanCe with Part. VI of the KJ'lO). All
eanst.rUction \JCU:T1ing signs c:n divided 1ii.ghways shall be cblble
indicated (i.e., en the left end right sit'leS of the roadwilyl.
~. '!be sequential Dr flashing arrclo' penels shall be placed en the
shoUlder at. or. near the point \olbere the lane closing .transiticn be9inS.
'Iha panels shall be JrOlIDted on c vehicl., trailer. or other suitable
support. vehicle JrDUnted panels shSll tJe provided with ~
eaIttCls. Mi.nimJm ~9 heigh~ shall be 7 feet ebc:Ne the roaCWay tc
the bottem of the panel, except. en vehicle m:unted panels which shcW.t
tle as high as practical.
J. '!be port.a]:)le variable rre5sage sicjn, when specified, shill b
placed ahead of eonst..ruetiCll 8C'tivities bnd will neet the requirement!
of Section 632.
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06/17l9~
11:J2 FA! ~04 651 65~O
LJur CONTR .\DMIN
~ 012101:1
]1:. . The. n~g be~~. a5sesmly, . when spec; f"ied, is used in
. . c::a'1Junct.l.CX1 WJ.th c:onst:-~~cn warn.ing siqns, requlatory, or guide signs
'to .inf~ traffic:: of ~ia] road conditions whic:h require additional
Criver att.entim and~. 'lbe flashing !:leaf"-m assembly shall be
installed in ~ 'with the ~o; of section 647.
150.04
p~~
A. Generally, full ~ pa~~t Dlarki%1qs in accordanee with
Sectial 652 and in c:onf~ with SeCtions 11\ and 3B of the KJIrn are
required Q'1 all courses before the roadway is ~ to traffic. Duri.nq
ecnstructicn and maintenanee activities d1 all highways ~ to
traf:fic, both existing markings and znarkings aspplied UIlci:r this Section
shall be fully maintainec! until F.inal Acce;rt.zsnc:e. If 1:he p;:lVCIleltt.
JDarkings are, or hecate, unsatisfac;:t.aty ib the judge!l"er1t of the
Enqineer due tQ \liear, waathering. or c~C%l bCtivities, they
shall be restcred i.n'rrediately. Ch resurfacing projects ?S\tet.ent
Jnarkings shall be proviCed a1 ill sudaces that are plaeed over
e:xi.stinq markings. en widening, reccnstrueticn, and new c::onstrUCti.cn
project:S, paverent markings will be as reqW.red' by the Plans or tile
Engineer .
B. ~: All traffie striping applie~ tmder this Section shall
be a mi.niJmJm four .inches in width and shall confctm to the requirem;!D.ts
of SectilXl 652. except: as ~Hied herein. Raised paverent marlcers
~ ~ the requ:irenrmts of SectiOn 654. Markings (Xl 'the :final
surface c::curse which nust be rem:wed shall be a rarovable type. 'lhe
cont:ractcr will be peI:mitted to use paint. the..crcPlastic::, or t:B[:le (Xl
pavenent: \o.1hi.ch is 1:0 be overlaid as part. cf the project, unless
otherwise directed by the Engineer. pattial (skip) reflectorizaticn
(i .e., :refleet:0rizinc3 cnly a portiClD of 11 stripe) \olUl not be allOoled.
c. U~: ']he Contractor shall seque:noe his ~k in sul:h 11 mnner as
to alloJ the installation of JDarltings in the final lane ccnfiguratia1
at the earliest possible stage.
In~;rte or. coc:flicting existing p.iVenleI1t markings sMll be
renoved. Except for final surlace, mar.k.i.n9* CX1 asphaltit:: concrete may
be c:bliterated by an overlay ccurse, \oo'hen ~raVed by the Enqineer. .
~en an asphaltic concrete overlay is placed for the sole purp:l5E! of
eliJninat.in9 conf).ict:.inq markings and the in pl5:e asphaltic conr.:::reee
sectia1wil.l' allow, said c:;lI1erlay. will. be eLigible for payaent only if
designated in the plans. Overlays tQ c:bli~a~ lines will be paid for
only ax:e and ~ traffic sbifts iJ1 the smne area will be
accc:nplished with rencWble markings. Wy the mi.niJm,1m asphaltic
concrete thickneSS-required to COYer lines (generally 60 ~./sq. yd.
1\sphaltic concrete "H") will be allowed. Dccessive buildup will not be
peDlitted. ~ m1 overlay for the sole pUl:p:)Se of e.1.iJni.natin9
c:cn:flicting markings is not all~. 'the msrkings no longer appli~"h'e
shall be reacved 1n accordance with Sub-Secticz 656.02. ~
eliminatic:n of coofllcting paV'E!lll!llt markings by gverpaintini with paint-
er liquid asphalt is not_acceptable.
Fer highways q;:en 'to traffic, marking rem:nal equiprent shall ~
present en the project for use iJmediately before any change in traffic
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lane(s) aJ.ignnent. ~ sh:i.fti.ng of traffi.c nece'l:s.iusteS rem:nal of
cent:.erllnes, lane lines, or edge lines. all ~ J..ij)eS shall be ren:oved
prior 1:0, during. or :i1mlediately after erry change so es to present tile
least interference with: traffic. If rDBrlcirig rem:nal equ:iptent failures
o:::cur, 'the equi.ptent shall be repa.ired or %eplaced (including leasing
equiprent if ne=Ss,ary), so that. the rerfcVal can be ac:r;:otplished
wi1:ho1t:. delay. ~
Ra.ised pa~lt lIliU'Ke----S (RPMsl are required as follows:
1. en ~ and lnterstate type ltighWaYS unc3er calStrUCtion.
excluding projectS ccnsisting prilnarily of asphalt resurfacing
it:ems, retro-re.flective raised ~ markers (M'MSl shall be
placed and/or mai,ntained. CXl internediat:e pa'II:~I~lt. surfaces c::pened
1:0 traffic as follows:
8. ~IANET~:
80 foot Centers at skip linfls with curva~ less than
three deqrees.
40 foot ceneers en solie lines ane all lineS with
~ture ~ three degrees end six degrees.
20 fo::rt: centerS al .'curves '0'01dr six &ql:ees..
20 foot ~ a1 lane ~itions or shifts.
b. ~ MMP c;:m LINE$:
20 foot c::enters, ~ each, placed side t:1J side.
e. amER I..INES:
As :;heWn en the plans or ~ by the Engineer.'
2. Q1 other highways under ccnst:ru=tic:n RPMS shall be used BtliVar:
snaintainedcn inttmlecililte pavemmt surfaces as follCMSl
a. 5UP~~ LANE LINES m; SOLID LINES:
40 foot:. centerS ~t en lane shifts. (l'bm r~ in
the Plans or prqosal.s.)
.20 feet centers cc lane shihs. (ReqUired in all cases.)
b. ~ ~~ 5CJ[.1O .iINEsl
40 foot centerS (crH! each beside each line) ~~ en
lane shifts. . (lrben requi:red in 'the PlanS or ~"c:.)
20 fcot: centerS a1 lane shiftS. (~eqai%ed 1n all cases.)
RFMs are-not a11~ en right edge lineS.'
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D. ~IICNS FC.R SEClRT-'!ERM~: sare exceptions"' to the tire
of pl.aa!ment m1d pae-...e::n of JDarJdngs are permitted as noeed belew.
however. full pat:tern paV..,..~lL. markings m.-,t required fer the ~leted
project..
1. ~~, ~~
a. 5KlP LINES: All shcrt-te%m skip (broken) strit=e shall
ccnfoon to Section 652 ~L thIEt. .stripes shall be at least.
four feet lClng wi1:h a maxj,nun ~ of 36 feet. crt curves
greater than six d9grees, a ~foot stripe with a Daxinun
9i!JP of 18 feet shall l:e. used. . 111 lane shift areas skip lines
will net be allCMed. Solid lines . will be required. Sat
term skip lines will be pemitt.ed for a period not to ~
14 ca1enaar days. Short-tem ~ li.ne.s mJSt be replaced
with markin9S in .full carpUance with Section 652 prier to
e:xpiratiCX1 of ~ 14 calendar day pe.dcd.
Tenpo.rary rnsed pawmmt marken may be substituted for the
shart teDn skip (broken) strit:eS- . If raised pavenent markers
are Substituted for the four foot. short tem skip stripe,
five lDarxers spaced at cne feet int:ezvals will be required.
No separate payrrent will be made if the ~ary raised
pavement markers are substitut.ed for short ~ skip lines.
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c. t:TY:n mE!;: Ed;elines will not be required trl
in~p""""Mi ate surfac:es that are in use for a pe.ri.cxl of less
t:han . ~O c::alendar days ~t. at 1t.ridge apprca.d1es, en lane
transitions, ..lane .shifts, and In such ether areas as.
det:emine~ bY the Engineer. Ct1 final surfaces, edgelines
will net.be required 0'1 a daily basis, but.they shall be
placed within 14 calendar Cays of the tiJIe that the surface
was p]~d. .
d. MIS::E!J..ANE)j PAVEMENl'~: Scheel %aleS,
rai.lroads, st:.cpbars, synt:cls, ~ and etc. shall De placed
en final surf~' confomi.ng to Section 652 within 14
calendar days of carplet:im of the final' surface. C!l
i.ntemediate surfaces these. markihqs will generally net te
required unless specified by the El'1gineer bec:lIUSe of special
ccnditicns or when the inte%:mediat:e sur.fllCe will be in use
for JlCre than 45 calendar days.
2.. Kl[.Tl-LANE HI~
a. CenCerlines and No-Passing Ba%ri.er - Full pattern
cent.erliJ'ses and no--passinq barriem shall be restored before
nightfall..
b.. Lanelines - Short-tem skip (broken) stripe as described
in Sub-Sec:tion 150.04.D.l.a...may ~ 1.1Sed for periods net to
exceed three calendar days.
c. Edgel.ines - Edq__liNOOC: &h.B.ll be placeQ a1 int:.e%mediate and
final sur.faces within three calendar days of cbliteraticn.
Cl. Hi.seellane::us PaYem;tkt. Markirigs - Sam! as SUb-SectiCX1
150.04.D.l.rl.
3. LlMlTED ~~~ ~ AND- ~S wrm PAVED ~
~ 'mAN FOtlit FEET
a. Scme as SUb-Secticn lSO.04.D.2.
b. Edge1ines - Edgelines shall be placed en inteDrediate and
final surfaces prier to ~g to traffic.
E. APPLICAT.ItN OF 'mAFFIc STRIPES: ~. Contractor shall :furnish
layout, clean as necessary, Md pre1i.ne t~ surface for the placenent
of pavement markinqs applieC under this Seeticn. All existing mar.Jd.:]g
tape CI'1 final surfaces shall be rQlAJYc:J prier 'to place:trellt. of :final
markings-
Edsting No-PassiJ'lg ZoneS mst. be clearly Oesignatecl e.s to lo:atico
prior to ~a1. in order that the:r rray be reestablished for
JIlUkinq purposes. 0:1 projects where eidler borizaJtal or vertical
alignments have been m:Xlified, the lc:x:atial of lb-Passing Zones will be
identi.:fied by the Engineer.
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~ traffic Stripes . (centerlines, lane lines, and edge lines) 8.!'e
afFlied in ccntinucus operation by zrcvi.nq vehicles and equipnent, the
fcllMnq mi.nim.lm warning devices shall be required.
-,
15o.os
3. 'lbe vehic:le. ~..i.ng art: the CQ'1eS shall folla<< dire:+-..l y
behind the st:cipe applying vehicle and shall have an approved'
sequential or fla.shinq arrow panel. In addition, far JIUltilane
highways, the vehicle shall also dispiay a praninent'sign wit:h the
legend '"PASS 00 urr (RIGEr)..
4. .All vehicles shall be equipped with the official slew noving
vPhi~l~ syuCol sign.
~CN IlEV7C2!:S
A. Fer this Section, the term battieads shall be deared to Dean a
Type I or Type n ba:aieade or vertical ~el that has a mi.ni.m.1m of 270
square inches of reflective area facing traffic or striped drum as
specified by the KJI'CD. Except as noted in the contract ci::x:unents, the
Contract:.cr has the cpticn to selec:t. the 1:ype ba::ric:ade used provided
that barricades of the smre type are used within each individual. line
of c:harmeli%aticn. !oEtal Cxums will Dot be allc:wed as c:hannel.i.%at.
devices.
Channelization devices with plaeeaent ~ specified in Sub-Secticns
150.05 ana 150.06 or plans, or precaste~ barrier, if specified,
. shall ~te . the full lenqth of ~ lane closure, shift, or
enc:roadme:nt. Bar.ricades are requUed fer nighttiJre lane closures,.
shi:fts, or enc:roacllments and shall have steady buminq lights. lilen
conditions warrzmt and the Contractor c:hcoses to cease barricade
lighting, it is unacceptable to allow any ~c:ades witiUn 0 line of
dalineatial. to ra:na.in lighted.. For longitudinal c:hannelizatial cn1y,
fluorescent orange tnffic cones (28 incbes Jni.nimD height;) wUl !:le
a11c::lW'ed ~or daylight closures err Ghi.ftS. However barricades, as
specified, will be required for all tapers.. When the apprcpriate signs
are posted advisii19 of c:onditicns such as SQft. or low shculders,
clwmeJ.izaticn devices rray be rencved after shQulders are to typi.c8l
secticn aDO grassed and ~ter guardrail e2r ether safety devices. have
l:een installed.
B. Channelization devices shall be spaced as listed below for various
r0Sc5side wxk contlltiClnS or as ~H'';M by SUb-Se<:ti.al 150.06. Spacin;"
shall he used for si:tuatiaus JIe8t.ing any of the CCX\ditia1S listed os
follows:
1. SO FOOl' SP}lON:; l'JAXIM[JM: RelUires steady bum lights if
conditions exist overnight.
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&. Fpr differen:e i.n elevlrt.iat ~g t'WO inches.
b. For healed sectionS tio steer-..r 'than .. :1 as sh.oJn in
SUb-Sectioo ~50. 06, Figure J.5D-C.
2. 10o:FCC11" spACm:; MAXIMt!1: Requires steady 'burn lights if .
ccnCi:tia1S exiSt cvemi.ght.
&. For difference in elevaticn at t:1IlO inches or less.
b. 'Flush areas ..nere equi.pIent. or 1olC%:kers are wi thin ten
feet of tile ttaVel lane.
3. 200 FCOl' sp;..cDl;~: H1er1A equipnent or w:%kers are
1D:lr'B .than 10 :feet frail travel lane. Lateral offset clearance to
t:e :four feet :fran the tr2lVel. 1.ane and ctces nc::Je require steady tluD1
lights .
a. Far paved areas eight feet or ~ in width that are
paved flush with a standard width travel lane.
b. For disturbed shoulder Bred 1'Ct c:atpleted to typieal
sec:tia1 that are flush tt) the traVel lane and considered a
usable shoul der -
4 . TRANSl'l'ICN ~ AND LANE .ct0StJRE5: 'n'le rai.n.iJm.m:l length of
the "PPrcac:h transition taper far a lane closure, shift, or
eric:::rcachnen fer highways with posted speed of 4S uph or greater
shall be equal to 'the l.ane width of lateral shift (Ft) x 'the
posted speed limit (Mph), (L s:: WS), !;bt. not less 'than 150 feet.
For nultiple lane closures, only en! lane 1MY be closed per taper
with a min.i.mum tanqertt. length of 2L between tapers. '1be length of
a closed lane, excluding the transitidl taper ,will.be limited to
blc miles, unless other\.lise approved ex directed by the Engineer.
~cades shall he placed the full lehqth of the taper spaced at
maximum intervals in feet equal to the numerical speed limit
(EXAMPLE:. SSMph Speed Limit := S5 feet maximum $p("cing).
Ba:i::ticades wi 1:h steaay burning liC#rt=S are .. requi;red if 'the
ccnditial exists into the night.
For taper lengths c:a mban, residential or other streets where the
posted speed is 40 u;m or less, the m:i.niJm,:n len;th of the app~
transitiea taper'1NJY be catp.Jted using the fcmrula L m WS /60.
Greater taper length shall be used ~ required fer individual
si'bJatia1s.
s. PRECAST ~ BA.1UUm: ~ precast o...UIoooIo""l.e barrier is
\1SE!d, steady burning lightS at SO-feet: spacing shall be placea en
top of. the barrier \otlen the 1:la%rier is located eight feet or less
. fran a travel lane. lob!n precast cc:I1crete barrier is used in a
!redian or other area Wich is irJ~er-s.ible for maintenance withem:.
interferenc:e 1:0 traffic :flew. 12- x 36" vertical panels 'lr12rj be
used in lieu of steady burning lic;m:.. ~en the barrier wall is
located fran eight to 20 feet fran the travel lane, 12" x 36-
~ca1 panels shall be placed at SO"'foot inaximJm intervals. .
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Approad'1 end of precast ~_=L.e ban'ier shall be flared a=
prctectea by m1 iDpaet . atte:nuator (t:::raSh cushion) or cthe:
~cved tteatm!!nt.in BCCCrCance with da.Std. 4960, Const:t'Uctia1
Details and ~aard Spe<";fi~tiCIDS.
On ;interstate or other ~trolled 1Ic;f'95S highways where ~
shifts or crossovers cause CP.?OSin9 traffic: to be separated by
less 'than 40 ft., precast concrete batrier shall be used as a
separator .
150.06 DCcAVATICN mD'ONr 'It) A'mAVEL u.NE: 6:nstructicn ~k i.nvol vin9
trenc:hi..ng adjacent to a ttave.l way shall net begin until the Ccntracter
is able to continuously place the required typical sect.icn to within
tw;) inc:hes of the exi..st.ing pavenent elevatitm, or heal the remaining
di.fferenc:e in elewrt..ion w the traval.ed way ~ ~ in [)et..a..il J.50<.
O1anne.li%aticn devi.ces and pacenent CurinU 'the ~ period
shall confcnn to the requiIesnentS of ~ 150. OS and Details
lSD-B, 150-<:, ~ 150-D Sham herein.
In addition to "the signs. spec:ifiea in Sectic:tl 150 and the MIJ'!'CD, a W-20
sign with the legend "'CLEFT) (RIGB:r) ~ ~. with tw;:) flaqs shall'
be kept just off 'the paving edge and 500 ft. upstream of 'the ~
.\ot1er8 c:hanneli.%atioo' devices are erected a'1 tha paving eage.
A. STCNE~, g)~ ~ BASES, AND ron. BASES: Drcp-offs in
elevation of n:cre than two inches betweeh surfaces ~g , or
adjacent to, traffic: will not be allOoe:l for ucre than 24 hears.
~ , liIIhere 'the Cattrac:tcr bas dem:;r1.s1:rated the abUity to
continuously excavate ZInC backfill in a ptcficient. manner, a single
length of excavated area net 'to exceed 1000 ft. may.te left q;en as a
start up area for periods net 'to exceed 48 lrJurs.
B. ASPHALTBASES/BINOERS: Ot~ in .uevatiat of DDre than ~
inehes beo.een sudaces cattying, or adja.cdnt to traffic will nct be
allowed for ZICl"B than 48 hours.
c. PClR!L1\ND CE:ME1n' ~ .AND ~ STABTT.Tzm BA.SC:S:
ConsO:uction ~k adj acent to the traVeled way which invt2l ves 'these
types of baSes will not te healed provi~ the ecntractcr pursues
placing the pa~~(eut as sc::r:::lD as the curing period is ccrrplet::ed. During
the placezrent period, traffic contrl:1l devices wi.ll be in accarc:!anc:e
with Sub-sectial 1.50.05 and ~ lSD-B.
o. ~ EXCA~~ (E DRCP-OFtS .~ '1'0 'mA~:
~ such as draina98 stt\1CtUt'e5, utility facilities, or any other w=k
\oIhi.ch results 'in ~ dr~ adjacent t4>> the travelway shall be
perfODred ~tiousl:y so as to minimize the exposure to the hanrd.
AS SlXIl as prac:tic:al, the excavation shall be backfilled to the mi.niJD,ml
requiratents of DetaiJ. 15Q.C. In no case will the c1rq>-off be all~
to exist 1TCr8 than five calendar days. '1bi.s rray require stage
constrUCtiat, such as pl~ting and ba.ckfilllhg the i.ncatplete 1NOdc.
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LDcitian of barricade while
drD~-off exceeds 4 inches
NOTE: Vertical Panels 8
reauired fer ~h'$
locat1cn. spaced at
.50 ft. intervals.
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HEll COtlSTRUCTlor,
---------1
---- --- ---j-
. I.... tRAVEL LANE:
... III
1---
DROP-OFF GREATER 'THAN A INC~S
nGURE 150-9
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Ccmpacted ~aded
199regate. subbase
material or dirt.
8
HO STrrPrR lHAN 4.,
~
tml CONSTRUmON
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Location of barricade i=mediately
after ~o*pletion of healed section.
s~aced It 50 ft. intervals.
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~.-.-- ~- ~_.-..-.
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TRAVEL LAN[
r
HEALED SECT! ON
FIGURE lSO-C
Location of barricade while.
drop"off is 4 inches Dr less
$paced at 50 ft. inter.vals.
8
HEV CONSTRUCTIOIl
NOTE: After tJaving to wi thin 2 inch:
of the travel lane elevation. move
blrr;~'des to . point 4 feet from th
edge of the trave 1 ny. Steady burn
lights ~y be removed and spacing
increased to 100 ft.fntervelso
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TRAviL LANE
I '
. DROP-OFF OF ~ INCHES DR LESS
nGURE 150-D
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-150.07
~ Jal P!IDl' C\RS:
A. ~a~ . shall ~ provided. ~ rt!q\1ired to hmclle 'traffic, as
specified ji) t.he p~ or Spec::Ul Pro\ri.sil:DS, and as required by ~
Engineer .
.
.
B. All flaggers shall meet. the requirenm\t of Part 6F of 'the MI11'CD
and ID.1St have receiveCl tn.ini.nq and IS c:srtificate upon c::atpletioo of
. 'the trai.ning frcn a Depart:Irent ~d' trai.ning program. Failure 1:0
previae certified flaggers ~ required ab'e shall be reascn fer the
Engineer suspendinq ~k involving the fl"gge:r( s) mttil the ~..cr
prcvi~ tre certified flagge.r (s) ·
c. Flaggers sh.U1 wear a fluorescent orange cap or hat, zmd A
fluorescent orange vest, shirt. or jeeket.. and shall use' A stcp/SlOol
paddle ueet.i.n9 the ~eaentS gf Se:tion 6F-2 of the MJIa) for
ccnt.rclling 'traffic. ~ Step/Slew paddl. shall haw a shaft length of
six (6) feet m:i.nimJm" In addition m 'thI! Step/S1"" paddle, e. flBwer
may use a 24 int:h square red/orange flag as an additiooal devi..c::e to
attract attention. For night 1llCrk, the \lest shall have refl~
stripes en :front m1d beck.
D. Pilot vehieles shall be prcvi.&d fl'specified in the Plans or
SfeCificaticns m1d neet 'the requiresrentS bf patt. 6F-9 of the MO'ltD.
E. Signs fer flagger traffic c:ontrol sha.U be placed in &c:i\1anCe of
the flagging operation in accordance wirll the M[11O). In lldditic:n 'to
'the signs required 'J:ty the Mt1ItD, signs-at re;W.i!r interWls, warning of
the presence of tb2 flagger shall'be placed beygnd the point where
trdfic can reasonably be ~ to Sttp uneer the szcst severe
eonditions far that day'S work.
lSO.OB
~:
~e safe passage d. 'Craffic through and around ~ work %CInl!!!. while
minimizing c:on:fu5icn ~ .disruption' 1:.0 . traffic flow. sha.ll have
pricri~ ever all other Contraetor ectiVities. cmtinued failure of
'the O%1ttactor to c::::rt;)ly with the requirlirnents of SeI:tian 1..50 (nwnc
CCNmCL) will result in ncn-refundable 6!ductions of zrcnies :frcm the
Contta=t as s~ in 'this S\Jb-Secticn fot nCn~ormance of Wark.
Failure of the Contractor to eatply .with .:this .speci.:fieaticn shall be
reason' for the !:nqineer suspend.i.ng.al1:other \oIerK a1 the Project..
~~ ercsicri contrcl ana traffic Ca1t..rQl, taking corrective llCtial Af
speci.:fied in SUb-Secticn 105.15, and/or withholcll.nq pa~ of Jrl"II'\i-
due ~ Cantneter fer arI'f work en the Project until uaffic' ca1t:eJ
deficiencies are corrected. 'lheseothe.t" aetialS shall ~ in additia
'to 'the Ceducticcs fer noo--perfc:n:mance of traffic c:cntml.
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::7- ~~] . J'l'.]:! tF lit} I I. :.Lias !t:R FAC:I ~ mY CE D:EFI.C:IEN:IJ: CF
~~~ltND/m~
am;nm, mrAL a:m:wcr NO:N1'
F.I:'l:ID H:sre 'nmn
ll'o 2md :IJx:l ~~ '^q .
Dai.l y C:1a:rge
$ 0
100,000
1,000,000
5.000.000
20.000,000
40,000,000
.
$ 100,000
1,000,000
5,000,000
20,000,000
40,000,000
$ 100
250
500
750
1,000
1,500
150.09
HEASaREMENr:
A. 'rMFFIC~: ~ J.iseed as A pay it.era in the: 'PJ..~' .
paynent will be made At the L1:%p S\D price bid, which will include all
ttaffic conttcl JlOt paid fer separately, abd will be paid as follOolS:
.When the first eoostru:ticn Report is subnitted, a ~t. of ten
(10) percent of the L1.mp SUm ~.e6 will be made. . '. For ea.cb.
progress payment 'thereafter, the Project ~ catplet.e .'shoo/n en
the last pay st:.atemertt. plus ten (l0) percent will be paid (less
previOlS pa:yuent..s) DOt. to ecceed erE hundred (laD) percent and
subject to noDnal nta.inage.
When no payment item for 'lIaffie Cart-""01 ~ S\m\' is shewn in the
Prq:a;al., all of the requiraoonts of Sectial 150 and ..'the . 'Inffic
CC21ucl Plan shall t:e in full forc::e and effect. "nle cost ~~. catplying
with these requirenents will not be paid for separately,.but shall be
included .in the overall bid sukmitteCl. ;,
B. . SIGNS: .~ sho-m as a pay item in the Prt:p:)Sal, ~
speciaJ. guidesiqns will be paid far ~ listed below. ~ ether
re;lUlittary, waxning. and guide signs, as $equired by the Ccntral:t:, will
be pai.d for' under Traff.ic Control LulEp Sl.2m or included in Ule'. cnerall
bid &Utra.itted.. .-':. " .
1. TEmporary ground aoa.mted or terp:2rary overhead ~ ~l guide
signs will be neasured fer payment by the square .fo:Jt.. ~
paynent shall be full caIpE!nSatiat for fl2mishing the signs.
including suppons as requi.J:ec1,. er1lCtin9. illurilinatinq .'0vemea4
. signs, ma.i.nt:a.:inin. reacnrin9, re-eret:ti..ng. and final ~ frail
the Project. payrrent will be made only one tima regardless of the
nurtber of ucves r~ed.
2. Rera:JW and reset existing special guiee signs, ground 1J1XIflt
or overhead, catplete, in place, wiU be rreasured for pa}'ltlellt per
each. payrre.nt will be made only ale t.i.ne resarclless of the nunber
of ncves required.
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3. ~ special gui~ signs, 9t'ounl!l JrCUJ'lt or overhead, 'Will te
neasured for payment. by the "square fc::ot. 'lbe area ueasured fer
payrrentshall iJx:luCle cnly 'that pcrtion cf the sign ~iec..
payuent shall incluCe materials, rem:J\1al .fran p:sts or supp:r-..s
when necessary,_ and rem:xmting as required.
c. PREJ::AST MEDIJl.N 2ARRmt: ~ PreCaSt ~ Barrier will be neasured
as sr-.; -Fied in . Secticr1 622.
D. V1\RIABI..E MESS1Q SIQq,~: variable MeSsage Sign, Portable
will be neasured as specified in SeCtic:n 632.
E. ~ ~ ~, ~ 91 Tetporary Guardrail
Anchora91!, Type 9 will be ~ 8S spec:i.fied in Se:tia1 641.
F. 'mA:'""'FIC SIGNAL ~ -~: 'n:zIfiic Signal
Installatial - Te1~a%j' will be ueasured as specified in Se:tia1 647.
G. ~ BFACX'N ASmBLY: Flashing BeaCOn AssatbUes will be
neasured as speci:fied in Sectial 647.
B. ~, ~ LOADED AT.J:E1roATOR KJ'lf1T F$: '1'emporary Sand Loaded
Attenutor M::ldules wi.ll be De!lSW:'ed u speci:fied in SeC:tial 150.
:I. PAvamn'~: PIS\r~;&;t. . marld.ngs will be ueasured as
specified in seeticn 150.
"} \',
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I.:'; ,t.:
When shom in the sehedule of Items in me Pt~, the follOodnq iterrs
will be paid fer separm:ely.
'. 1
item No. 150. Traffie ~.....................................~unp SUm
: 1.
Item No. J..50. Tra:ffie' control, . Solid ~ic Stripe Inch, (COlor)
. . . . .; . . . . . . . . . . . . . . . . . . ~ . . . . . . . . _._ .. . . . . . . . . . . per Linear Mile
Item NO. 150.' Traffic Control, Skip ~affic Stripe Inch, (Coler)
........~.....................................per Linear Mile
l':':~ ,- - -,
. I
item NO. 150. "lraffic' Control, Solid ~affi.e Stripe, ~lAStic
InCh, (~cr).................................per Linear Mile
Item No. 150. irnffie eonttcl, Skip Traffic stripe, ~lastic
~r (~.cr)............................~....per Linear ~e
Item No. 150. Traffic e=t:rol, paYBD!ftt Markings, WorOs and
Symbols........................~...........~..~ Square Foot
. .;- ." .'. ~
Item NO. 150. 'traffic Ccat:%Dl, 'Pavel!8E1t AneW with . Jmj$M
~ec:to-'""S. ................ ... ..... ........... ........per EaCh
.. '. ~.. '"
lten No. 150. Traffic Control, Raised Paverrent MarkerS-All '1'ypes...per Each
~.~~
-20-
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Rlen required for traffic control the fcllo.riJ1g' itenS shall be paid for
separately under their respective pay item.
Item No. 150. Tenp Grcund M::unted Special Guide Signs.......per Square Foot
Item No. 150. TarO Overhead Special Guide Signg............ ~ . per Square Foot
- .
Item No. 150. RelrDVe & Reset ~stinq Special clllde Signs,
Ground M::nmt, ~lete in Plcu:e......................per Each
Item No. 150. ~ & Rese1: E:d.stinq Special ~de Signs,
()\7erhead, Ca%plete in Place....................... .....per EaCh
:Item No. .~so. 'rraffic centrol, ''l'eupOrary Sand Loaded .Att.enUatCr
~es_.___......_-----------_.~_...__._-_....-.._..per ~
~. .0
Item No. 150. ~fic eonuol, paveneIIt HarkerS, W::u:"ds and SynCcls.........
..............................................per ~e Feet
Item,No~..150.
.. ~ i_
Traffic Central, PCl'\fcl.ent AtrowCPainted) With Raised.
Reflectcrs...........................................per Each
ltem~.:~-+SO. M:dify Special Guide Sign, GroJnt! M::lmt.......per Square FcxJt
Item No. '150. M:Xlify Spec:i.al Guida Sign, ()vE!rhbd........... per Square Fc:ct
Item No. '622. Precast Conc:rete fwEdian Barrier............... per LinBar Foot
~ . .~\
ltefti.Nq'~.-. 632. variable Message Sign, Portable.......................per Ead1
, . ~~.,~~ ~
Item NO.- 641. ~ary Guardrail And1orage, 'l\'Pa 9................per!2Ch
Item No." 64.7. 'traffic Signal Installation, Te!ttl....................l.tmp SUm
It.en:~o~.. '647 . Flashing Beacon Assembly, Struet:Ure !obunted... ... . . ..per Each
IumNO~-:' 647 _ Flashing Beacon AssemOly, cable Supported. --...... ...per Each
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