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HomeMy WebLinkAboutKamell West Subdivision Drainage Improvements Augusta Richmond GA DOCUMENT NAME: IS {A Y'leJ \ WQ..S-\ :;0 'cd' \ V\ <;:'()'f\ 1)rlA.\ (l~r ~~~'^~ DOCUMENT TYPE: Co n-lro... c.l YEAR: (q 0LP BOX NUMBER: ) FILE NlfMBER: I r; 13 ~ NUMBER OF PAGES: 1 {J~ "1 I I I I . I I I I I I I I I I I I ' I I ~'7~ CONTRACT DOCUMENTS~ FOR ..<( KAMELL WEST SUBDIVISION DRAINAGE IMPROVEMENTS PROJECT NO. 55-8397-095 ~ I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I SECTION IB INSTRUCTION TO BIDDERS IB-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 Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder.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 I I I I I I I I I I I I I I I I I I I IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the 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 I I I I I I I I I I I I I I I I I I I' IB-06 BIDDER'S QUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satiSfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the State of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power 'of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in 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 I .1 I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County- Council to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time . With' all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a'firm that has included such firms as subcontractors on this project. \ The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. ME-l I I I I I I I I I I I I I I I I I I I 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 I I I I I I I I I I I I I I I I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the ___ day of 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 I I I I I I I I I I I I' I I I I I I I IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO . COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the Contractor does. hereby agree, as a part of. the consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the Contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of an work, the new time limit fixed by extension shall be the essence of this contract. ARTICLE III - PAYMENT (a) The Contract Sum The Owner shall pay to the Contractor for the performance of the Contract the amount as stated in the Proposal and Schedule of Items. No variations shall be made in the amount except as set forth in the specifications'attached hereto. (b) Proqress Payment On no later than the fifth day every. month, the Contractor shall submit to the Owner's Engineer an estimate covering the percentage of the total amount of the Contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run following approval of the invoice for payment, the Owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. A-2 I I I I I I I I I I I I I I I I I I I ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (a) . Upon receipt of written notice that the work is ready for final' inspection acceptance, the Engineer shall within 10 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a final certificate, over his own signature, stating that_the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the owner within 15 days after the date of said final certificate. (b) Before final payment is due, the Contractor shall 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 I I I I I I I I I I I I I I I I I I I IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3) counterparts, each of which shall be deemed an original, in the year and day first mentioned above. ~ ~~ r~ -~ :: ~;~~.; ~ -~:~,i,," ; , "'.' _.,~ '--'-v;'r~ 'l~~ ~ /'- V() "'l.J ff-c t>. o"OOOOCOo co~'" ","' ~.~ 0" o~.; 'fA p;1 ,~,.; ,c" 00 ~. V~ !! pJ;''' ~., <1.~' 000 .;. ~A if ~ ~~ :; .-:~~:~~. /, l~;:~~~~ ~ ~ ~~ f} : 2 ~:: ....: .:' :.:: ':;3i~ ~. ~ ~ ~ g;.., . ',::.;1 ~::; ~ ... '., <> ..,. '" (= 0 __ ~ p to', ~ ': ' ' . ","- , 0 ~ AI 'A, t-, 0 ,; '--:--G=-' 0 'l!:4 \--'~ ",. ',. ~_.~.. . - 0 ~ i~ cOe If;'.~ ....0 if . ~, "0 '" ..0 D SEAL Q" 0'0000000000 - \{h - 4~:-" GEORG\[I>_- iiI,!>,... .or t .'''~fI~,,~ ~ , . .,1.... . 7JtlAL tU YJ?m~ witne~ SEAL Attest ~ ~au0 AS>~~~~ Wl ness \ AUGUSTA-RICHMOND COUNTY COMMISSION-COUNCIL (Owner) Richmond County Commission-Council '0: ,', r;.t' " ' >u.~ r CONTRACTOR :)/gR})J'I1 AAlA,( Cef.i.1iMC{J iifi<;,. lilC!.. ~ '.::---:' -' ~''':'-~:. ~ By: . ~~:~ s :..~~- ~ ~ ," ~_ -.~:~;:~ 'f: ~ ,.:r~...f t Title: 7,eCS/D6-zIVT -~.' '-:"<~ . .,: g- ... ...... -......- ,..-- ~ Address: /l-ef- m/l61C.10~>4-.....?d?i., _./:" !ltl6VS?}? OGoIeU-IIJ 3090 f A-4 I I I I I . I I I I I I I I I I I I I I GENERAL CONDITIONS I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Anicle Number Title ~ 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......... ......................................... 3 4 5 6 7 8 9 10 II I:! 13 14 15 16 17 3 Pa~e 8 9 10 II 14 18 19 19 21 21 :;4 24 26 29 31 '", J_ I I INDEX TO GENERAL CONDITIONS I 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 I I I I I 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.~ I I 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 I I I I I I I I I 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 ~ I 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 I "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 I I I I 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 I I 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 5 I I 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 I 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 I I I I I I I 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 6 I I 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. I , 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. I I I 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). I 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, I CONTRACTOR-The person. nrm or corpor-Hion with whum OWNER has enten:d into the Agreemen!. I 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. 7 I I 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. I 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. I 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. I I I Supplementary Conditions-The part of the Contract Docu- ments which amends or supplements these General Condi- tions. I Supplier-A manufacturer. fabricator. supplier. distributor. materialman or vendor. I Underground Facilities-All pipelines. conduits. ducts. cables. wires. manholes. vaults. tanks. tunnels or other such facilities or attachments. and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity. gases. steam. liquid petroleum products. telephone or other communica- tions. cable television. sewage and drainage removal. traffic or other control systems or water. I I Unit Price Work-Work to be paid for on the basis of unit pnces. I Work-The entire completed construction or the various sep- arately identifiable pans thereof required to be furnished under the Contract Documents. Work is the result of per- forming services. furnishing labor and furnishing and incor- porating materials and equipment into the construction. all as required by the Contract Documents. I I Work Directive Change-A written directive to CONTRAC- TOR. issued on or after the Effective Date of the Agreement and signed by OWNER and recommended by ENGINEER. I ordering an addition. deletion or revision in the Work. or responding to differing or unforeseen physical conditions under which the Work is to be performed as provided in paragraph 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 I I thereon and all applicable field measurements. CONTRAC- TOR shall promptly report in writing to ENGINEER any conflict. error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER before proceeding with any Work. affected thereby: however. CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to report any conflict. error or discrepancy in the Contract Documents. unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. I I I 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: I I 2.6.1. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: I 2.6.2. a preliminary schedule of Shop Drawing sub- missions: and I 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. I I 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. I I I 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. I ;1 I 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, I I graph 2.6. The finalized progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to completion within the Contract Time. but such acceptance will 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 9 I I 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). I or 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). I 3.5.1. ENGINEER's approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.:m. or I 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 I . . 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. 10 I I 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. I I 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. I I 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. I I I 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: I I I 4,3. \. \. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such information or data: and. I .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. I I I 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- N EER \\'ill prompd\' review the L: nderground Facilit\' 10 I I I determine the extent to which the Contract Documents should be modified to reflect and document the conse- , quences of the existence of the Underground Facility. and the Contract Documents will be amended or supplemented to the extent necessary. During such time. CONTRAC- TOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.20. CONTRACTOR shall be allowed an increase in the Con- tract Price or an extension of the Contract Time. or both. to the extent that they are attributable to the 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 II I I the Project is located or it ceases to meet the requirements . paragraph 5.1. CONTRACTOR shall within five days ereafter substitute another Bond 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:' I 5.3.3. Claims for damages because of bodily injury. sickness or disease. or death of any person other than CONTRACTOR's employees: I 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained 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: I I 5.3.5. Claims for damages. other than to the Work itself. because of injury to or destruction of tangible prop- erty wherever located. including loss of use resulting therefrom; I 5.3.6. Claims arising OUt of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property: and I 5.3.7. Claims for damages because 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 I 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. 12 I I 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 I given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. 'I 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. I Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5.7 and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. ENGI- :--lEER. E~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. 1 I I I I I 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 1 I I 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 13 I I such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the 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. I I I ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES I Supervision and SuperinuruUnce: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently. devoting such attention thereto and applying such skills and 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. I I I I 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. I I I 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. I I I I 6.4. Unless otherwise specified in the General Require- ments. CONTRACTOR shall furnish and assume full respon- sibility for all materials. equipment. labor. transportation. construction equipment and machinery. tools. appliances. fuel. power. light. heat. telephone. water. sanitary facilities. temporary facilities and all other facilities and incidentals necessary for the furnishing. performance. testing. stan-up and,completion of the Work. I I 6.5. AU materials and equipment shall be of ~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 14 I I I I I I I I I I I I I I I I I I I royalty. All variations of the proposed substitute from that specified will be identified in the application and available maintenance. repair and replacement service will be indi- cated. The 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 15 I I or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by OWNER in the 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. I I I I I 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. I I I I LAws and ReguUuions: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur- nishing and performance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations..neitherOWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. I I 6.14.2. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such'Laws or Regulations., and without such notice to ENGINEER. ,CONTRACTOR shall bear all costS arising therefrom: however. it shall not be CONTRACTOR's pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. I I I I Tazes: I 6.15. CONTRACTOR shall pay all sales. consumer. use and other similar taxes required to be paid by CONTRAC- TOR in accordance with the Laws and Regulations of the I place of the Project which are applicable during the perfor- mance of the Work. 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- 16 I I pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER. 1- 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: I I 1 6.20.1. all employees on the Work and other persons and organizations who may be affected thereby: 1 6.20.2. all the Work and materials and equipment to be in'corporated therein. whether in storage on or off the site: and 1 6.20.3. other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements. road- ways. structures. utilities and Underground Facilities not designated for removal. relocation or replacement in the course of construction. I CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage. injury or loss: and shall erect and maintain all necessary 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. 1 I 1 I I 1 I I , /),:: 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. I 1 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 17 I I each Shop Drawing submitted to ENGINEER for review and approval of each such variation. I 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples. but ENGI- NEER's review and approval will be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents and shall not extend to means. methods. techniques. sequences or procedures of constrUction (except where a specific means. method. technique. sequence or procedure of constrUction is indicated in or required by the Contract 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. I I I I I 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR. from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER's 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. I I I I 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. , I I Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and. adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements. except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise'agree in writing. I I 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. I I I. 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- 18 1 .1 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. I I I 7.3. If any part of CONTRACTOR's Work depends for proper execution or results upon the work of any such other contractor or utility owner (or 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. 1 I I Coordination: I 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will. be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized, and the extent of such author- ity and responsibilities will be provided, in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions. neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. I I I :\RTlCLE S-OWNER'S RESPONSIBILITIES I 8.1.. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. I 8.:!. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose sta- tus under the Contract Documents shall be that of the fonner ENGINEER. Any dispute in connection with such appoint- ment shall be subject LO arbitration. I I 8.3. OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall make pay- ments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and 14.13. I 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. 1 I 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, 19 I I 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. I I I I 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. I I I I 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. I I 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. I I 9.8. In connection with ENGINEER's responsibilities as to Change Orders. see Anicles 10. II and 12. I 9.9. In connection with ENGINEER's responsibilities in respect of Applications for Payment. etc.. see Article 14. I 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 I I I 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 20 I I effective to assign to ENGINEER any duty or a~thority to 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. I ARTICLE IO-CHANGES IN THE WORK I 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. I 10.3. CONTRACTOR shall not be entitled to an increase: in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as' amended. modified and supple- mented as provided in paragraphs 3.4 and 3.5. except in the case of an emergency as provided in paragraph 6.22 and except in the case of uncovering Work as provided in para- graph 13.9, I I lOA. OWNER and CONTRACTOR shall execute appro- priate Change Orders (or Written Amendments) covering: I 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: I I IO..L'!. changes in the Contract Price or Contract Time which are agreed to hv the par'ties: and I 10.4.3. changes in the Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.11: provided that. in lieu of executing any such Change Order. an appeal may 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. :!l I I 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). I I 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: I 11.4.1. Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apponioned on the basis of their time spent on the Work. Payroll costs shall include. but not be limited to, salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment. excise and payroll taxes. workers' or workmen's compensation, health and retirement benefits, bonuses. sick leave, vacation and hol- iday pay applicable thereto. Such'employees shall include 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. I I I I I 11.4.2. Cost of all materials and equipment furnished and incorporated in the Work. including costs of trans- portation and storage thereof. and Suppliers' field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with CONTRACTOR with which to make payments. in which case the cash discounts shall accrue to OWNER. All trade discounts. rebates and refunds and all returns from sale of surplus materials and equipment shall accrue to OWNER. and CONTRACTOR shall make provisions so that they may be obtained. I I I 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work 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 I I I 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 22 I I 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. I I 11.4.5.7. The cost of utilities. fuel and sanitary facilities at the site. I 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. . I 11.4.5.9. Cost of premiums for additional Bonds and insurance required because of changes in the Work and premiums for property insurance coverage within the limits of the deductible amounts established by OWNER in accordance with paragraph 5.9. I 11.5. The term Cost of the Work shall not include any of the following: I 11.5. 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. I I I I 11.5.2. Expenses I,r CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. I 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. I 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. I I 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\.. I I 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. I CONTRACTOR's Fee: 1\.6. The CONTRACTOR's Fee allowed to CONTRAC- TOR for overhead and profit shall be determined as follows: 11.6.1;. 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 ~3 I I allowances. No demand for additional payment on account of any thereof will be .valid. I Prior to final payment. an appropriate Change Order 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. I I 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. I I I I 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. I I 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. I I I ARTICLE 12-CHANGE OF CONTRAcr TIME I 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 I I I I 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 24 I I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN- ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work. or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase thereoffor incorporation in the Work. The cost of all inspections. tests and approvals in addition to the above which are required by the Contract Documents shall be paid by OWNER (unless otherwise specifiedl. I I I 13.5. All inspections. tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGI~EER if so specified). I I 13.6. If any Work (including the work of others) that is to be inspected. tested or approved is covered without written concurrence of ENGINEER. it must, if requested by ENGI- NEER. be uncovered for observation. Such 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. I I 13.7. Neither observations by ENGINEER nor inspec- tions. tests or approvals by others shall relieve CONTRAC- TOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract Documents. I I 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. I I 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or teSted by Others. CONTRACTOR. at ENGINEER's request. shall uncover. 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 I I I I I I thereof. CONTRACTOR may make a claim therefor as pro- vided in Articles II and 12. Owner May Stop the Work: 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 :!5 I I 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. I I I I I 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. I I I I I 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 26 I I representation by ENGINEER to OWNER. based on ENGI- NEER's on-site observations of the Work in progress as an experienced and qualified design 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. I I I I I I I /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. I I 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: I I 14.7.1. the Work is defecr;\'e. or completed ~orkhas been damage? requiring correction or replacement. I 14.7.:!. the Contract Price has been reduced b'y Writ- ten Amendment or Change Order. I 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 I 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. . I 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 I I 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- 27 I I 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: I I 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. I I I I I I I 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. I I I I I I I I 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. 28 I I Otherwise, ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment.. in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty. days after presentation to OWNER of the Application and accompanying documentation. in appropri- ate form and substance. and with ENGINEER's recommen- dation and notice of acceptability. the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. I I I 14.14. If. through no fault of CONTRACTOR. final com. pletion of the Work is significantly delayed and if ENGI- 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. I I I I I 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. I I I I I I Wai~'er of Claims: 14.16. The making and acceptance or" tinal pa\'ment will conSlllute: I 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" I I CONTRACTOR;s continuing obligations under the Con- tract Documents: and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writ- ing and still unsettled. ARTICLE 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 29 I I (including. but not limited to. failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule established under paragraph 2.9 as revised from time to time): I I 15.2.7. if CONTRACTOR disregards Laws or Regu- lations of any public body having jurisdiction: 15.2;8. if CONTRACTOR disregards the authority of ENGINEER: or I 15.2.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract'Docu- ments: I OWNER may, after giving CONTRACTOR (and the surety. if there be one) seven days' written notice and to 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. I I I I I 15.3. Where CONTRACTOR's services have been so terminated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 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. . . [The remainder of this page was left blank intentionally.] I I I 30 I .1 I I I I, I I I I I I I I I I I I I ARTICLE l6--ARBITRATION 16.1 All claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu- ments or the 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.) 31 I I I I I I I (This page was left blank intentionally.) I I I I I I I I I I I I. 32 I I ARTICLE 17-MISCELLANEOUS I 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. I '1 I I I General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error. omis- I I I I I 1 I I I I I sion or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable. claim will be made in writing to the other party within a reasonable time of the 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. 33 I I I I 1 I 1 1 I 1 I I I I I I I 1 I SUPPLEMENTARY CONDITIONS 1.1 OWNER'S LIABILITY & PROPERTY INSURANCE: section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General Conditions shall be amended as follows: No 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 I I I I 1 I I I 1 I I I I I, I I I 1 I 1.4 TESTING LABORATORY: All testing and laboratory work in connection therewith shall be performed by an independent firm. and paid for by the Contractor. Copies of all test reports shall be forwarded to Augusta-Richmond County Public Works. There will be no separate payment for this work. 1.5 SURVEYS: The Contractor will provide surveying for construction staking, horizontal control and vertical control as necessary. 1.6 PROGRESS PAYMENT: section 14.2 of the General Conditions shall be amended as follows: The contractor may submit monthly estimate for work completed and materials properly stored as approved by the Engineer. When an estimate includes materials stored, a bill of sale, invoice or other documentation warranting that the Owner is receiving the material free and clear of all liens, charges, 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 ,. I I , I I I I I I II " II . . . . II II 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 P-l ::. . . , II II II II II II II II . II II II II II . . KAMELL WEST SID DRAINAGE IMPROVEMENT PROJECT NUMBER: 55-8397-095 DETAILED ESTIMATE OJ1!7/96 09:10-0' .\.\1 - . ~~'~B1l""::,'::,::~"@i:i":,:,:!!"~iil~Jfi6~l~..I':i.Jfl.I:I:,:,,:,',;:,:-,:'i:I:.i.:'~li!::i~I@~-:..::..::',:~~~::.ii::::::)ili::'ili'i'~~6~:!:')::':\ i i i 207 -0203 :fOUND BKfILL MATL. TP 2 i CU YD ! 20 35 .00 700.00 I : i I I 230-1000 ,LUMP SUM CONSTRUCTION I LUMP 1 10 ,000 .00 I I SOYD i j 441-0 104 'CONC SIDEWALK. 4 IN THICK ! i 220 i 26 .95 5 ,929 .00 , I i I ! , 500-3 10] iCL A CONC (1 125 HEADWALL) CU YD 5 I 510.00 ; 2,550 .00 i I i , i 550-1480 :STORM DRAIN PIPE. 48 IN. H 1-10 RCP LN IT i 156\ 129 .00 20 ,124 .00 ; I I I , i I 603-]012 1STN PLAIN RIP RAP. 12 IN SOYD 20 40. 00 j 800.00 I ! I 6 \ 0-000 1 [REM MASONRY mOOD FENCE i LN IT 60 14.00 840 , i .00 I i I i I I 1, 600. 00 ! 1, 600. 00 6] 0-0003 I REM PORTION OF EXIST BLDG. STA ]+78 , LUMP 1 I I REM i I I I I i 14.00 i 910.00 610-0220 fENCE I LN IT 65 I I I I ! ; ! 610-2745 ;REM CONC DRIVEWA Y PAVING l SQ YD 220 i 9.50 2,090. 00 i i I ; I !RECONSTR I I 65.00 ! 3,900.00 61 1-000 1 MASONRY mOOD fENCE I LN IT 60 I I , I i i , S(L YD I i 7.00 i 980.00 700-9100 ! BLOCK SOD 140 , I ! TOTAL CONTRACT PRICE: $50,423.00 ~:"NOTE" Lump Sum Construction includes, but is not limited to the following: ,. n ;: 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 P-2 I I I I I I I I I I I I '1 1 I I I I I 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. G-1 I 1 I I I I I 1 I I I I I I I I I I I 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 G-2 I I I 1 I I I I I. I I I I I I I I I 1 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 G-3 I I I I I I I I I I I I I I I I I I I 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. G-4 I I I I I I I I I I I I I I I I I I I 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. G-5 I .1 I I 1 1 I 1 I I I I I I 1 1 I I I 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. G-6 I I I I I I I I I I I I I I I I I I. I'" 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 G-7 I 1 I I I I I 1 I I I I I I I 1 I I .1 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 G-8 I I I I I I 1 I I I I 1 I I I I I I I 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 G-9 I I I I I 1 1 I I I 1 I I I I I I I I 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. G-IO I 1 I I I I I I I I I I I I I 1 I I 1 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. G-11 1 .1 1 I I I I I I .1 1 I I I I" I I I 1 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. rc-/ 1 I I I 1 I I. I .1 I I I I: I I I I I I . .. .. . 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.- rc-z" I I I I I I 1 1 I I I I I I I I. . I. I I T . 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. -1- rc-3' I I I I: 1 I I 1 I I I I I I I I I I I Od/17/93 .. 11:37 ~A~ ~U4 O~~ o~~u &.IV & VV.ll&.&'\ ,-_... . . . '!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. -2. TC-c1- I I I I I I I I I I I I I I I I I I I r . r . 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 -3- TC-5" I I I I I I '1 I I I I I I I I I I I I 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. -4- TC - (; 1 .1 I I 1 I I I I 1 I I I' I. I I I I I. 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. -5- 7 {'- ? I I I I I I I I I I: I I I: I: I I: I I I .. "'~RAFF \ C ~1Vl..~ IO"} n" 110. ~ n" SLO WED ~stL~ -~.1 (7- j-t$- ~ ." ~HEAD ~~~. . .. S H 0. R] ..I2ELAY ~stL~ 1&>1. ~:=' ;~-t- .' t"rCIr.....".) . Y1.~ $teu U'OII ~"'I' . SICH SKau.. tU.VE _1.&:1< \..tllJ:NO .&110 ~ c:. CiU.H:.~ UJU:l:lCRIUD z,ACJCGRa:m. 1- J'nZitl 1111- ~ ~.. ~IUS ~(. -rr n.Jl.SHDlC 1..Sl:J{f D!I -nu.mc SlOt .,1/. . 53- . t 1.:1. 1 FIGURE lSD-A -6- rC-E I I I I I I I I I I I I I I I I. I I I 1 M. 'The "'Orksite traffic c:cnt:rol supervisor shall IlXX\itOr the w:lrK ~ ensure that All the ro:::ks, l:la1leers, c:cnstl'uct.icn debris, stc:x:koiled materials,equiprent, tmls and other potential hazards are kept Clear of the travelway. ~ itens .shall be sterad in a lCX2ticn, in so far as practical, loIhere -they \.1i.ll not be subject 1:0 a vehicle running off t.~ read and sttikinq them. ~ .lSO .03 SIQt$: 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. -7- 7Z'- f I I I I I I I I I I '1 I I I I I I I I 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. -8- TC-/t I I I I I I I I I I I I I I I I I I I 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 -9- TC-// I I I I I I. I' ) I I I I I I. I I I- I I I 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.' - -10" TC-/2 I .1 I I I I I I I I I I I I I I, .1 I I 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. I . -11. Tt'-/3 I I I I I I I I I I I I I I I I I I I 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. -12- TC-/~ I I I I I I I. I I I I I I I I I I I I .. . ~ 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. -13- TC-/5 I I I I I I I. I I I I I I I I I I I :.: I . &. 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. . -14- TC-/(, I I I I I I I I I' I I I I I I I I I I 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. -15- 7C'-/7 I I I I I I I I I I I I I I I I I I I . LDcitian of barricade while drD~-off exceeds 4 inches NOTE: Vertical Panels 8 reauired fer ~h'$ locat1cn. spaced at .50 ft. intervals. -~ HEll COtlSTRUCTlor, ---------1 ---- --- ---j- . I.... tRAVEL LANE: ... III 1--- DROP-OFF GREATER 'THAN A INC~S nGURE 150-9 -16- TC-/8 I .1 I I I I I I I I I I I. I I I I I I Ccmpacted ~aded 199regate. subbase material or dirt. 8 HO STrrPrR lHAN 4., ~ tml CONSTRUmON . -1 Location of barricade i=mediately after ~o*pletion of healed section. s~aced It 50 ft. intervals. .' . ~ ~.-.-- ~- ~_.-..-. ---------~ 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 -----'"--~--~ ---------~ . TRAviL LANE I ' . DROP-OFF OF ~ INCHES DR LESS nGURE 150-D -17. TC-/'1 I I I I I I I I I I I I I: I I I I I:, I -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. -18- ie-co I' I I I I I I .1 I I I I I I I I I I I : , ::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 $equired by the Ccntral:t:, will be pai.d for' under Traff.ic Control LulEp Sl.2m or included in Ule'. cnerall bid &Utra.itted.. .-':. " . 1. TEmporary ground aoa.mted or terp:2rary overhead ~ ~l guide signs will be neasured fer payment by the square .fo:Jt.. ~ paynent shall be full caIpE!nSatiat for fl2mishing the signs. including suppons as requi.J:ec1,. er1lCtin9. illurilinatinq .'0vemea4 . signs, ma.i.nt:a.:inin. reacnrin9, re-eret:ti..ng. and final ~ frail the Project. payrrent will be made only one tima regardless of the nurtber of ucves r~ed. 2. Rera:JW and reset existing special guiee signs, ground 1J1XIflt or overhead, catplete, in place, wiU be rreasured for pa}'ltlellt per each. payrre.nt will be made only ale t.i.ne resarclless of the nunber of ncves required. I TC-Z/ -19- I I I I I I I I I I I I I I. I I I : ......... ': !. I ' I 3. ~ special gui~ signs, 9t'ounl!l JrCUJ'lt or overhead, 'Will te neasured for payment. by the "square fc::ot. 'lbe area ueasured fer payrrentshall iJx:luCle cnly 'that pcrtion cf the sign ~iec.. payuent shall incluCe materials, rem:J\1al .fran p:sts or supp:r-..s when necessary,_ and rem:xmting as required. c. PREJ::AST MEDIJl.N 2ARRmt: ~ PreCaSt ~ Barrier will be neasured as sr-.; -Fied in . Secticr1 622. D. V1\RIABI..E MESS1Q SIQq,~: variable MeSsage Sign, Portable will be neasured as specified in SeCtic:n 632. E. ~ ~ ~, ~ 91 Tetporary Guardrail Anchora91!, Type 9 will be ~ 8S spec:i.fied in Se:tia1 641. F. 'mA:'""'FIC SIGNAL ~ -~: 'n:zIfiic Signal Installatial - Te1~a%j' will be ueasured as specified in Se:tia1 647. G. ~ BFACX'N ASmBLY: Flashing BeaCOn AssatbUes will be neasured as speci:fied in Sectial 647. B. ~, ~ LOADED AT.J:E1roATOR KJ'lf1T F$: '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. "} \', lSO.10 p~ 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- TC-ZZ 1 ' ... ~ I ! ) I I 1 I 1 I I 1 I I I. I I I I I,; I 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 . .:: ~. ~:~~~. " .';. .~~ '-:,': '. . ~_....=:.~'-. . . ';: C~~.. :- ~,:, .~ ~ . . ,"....' ' .. <: .t.....i -21- TC-Z3 - z c m X o ." C ~ - z G> en (/) :J: 1"'1 1"'1 -l Z 9 Cl 1"'1 (/) (') ::u -0 :::1 o z -' (') o ~ ::u (/) :J: ,." 1"'1 -l I\.) -0 r )> Z VI -0 ::u o :!! r ,." en -I o ::D ~ o ::D )> - Z )> G> m~-- - ~ -c ::D o < m ~ m z -I .Cf)- ~ - c)> me ~Ci) JJC -I en ~~ z" -IJJ 00. .~~. ....AlIC~ 'TIJ: ~'. .: ~ -c ~ · ~ c 0 @ · A~..<R- t1JZ CO 00 ~o OC JJZ @~ ~ c~ em zF ~~ Zm G)CJ) (j-i z~ -em S;S2 (')~ men - o z . z:l: r o o ~ - o z 3: > ""0 ~ =:s ~ ~~ 00 Cl. >~ ...,tIj tfjoo 0000 .. 0 ~z b . o o (J1 MfT'! r.~ lI:: ~g .eVl -oJil l..IfT'! l..IfT'! I..... C7l - .,. Vl (JIc C7l - M II) ..., . ~> .. c ---g -oJVl ~..... '-"'}> l;l~ C7l0 ';0 01(;) N - .> CDl..I o CD o . fTl X (/) ::l z G1 Ir II) {9 I I ~. I: .c--. .- -"1- -1- ':.~p I " .:'. 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