HomeMy WebLinkAboutLaney Walker Blvd Street and Lighting Improvement
Augusta Richmond GA
DOCUMENT NAME: Lr-l-lU G 'f W r-\ L1( e d't. Ii) I V D, S rite ET f/ N f) L. i f-I T I ~
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DOCUMENT TYPE: <2-D (f\J T RAe T
YEAR: ~DD::Z
BOX NUMBER: I L.,p
FILE NUMBER: I Lt> :;( q g
NUMBER OF PAGES:
13lf
Public Works and Engineering Department
Teresa C. Smith, P.E., Director
Pre-Construction Section
Pre-Construction Engineer
1815 Marvin Griffin Road
Augusta, Georgia 30906
(706) 796-5040 Fax (706) 796-5045
MEMORANDUM OF TRANSMITTAL
Date:
To:
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From:
Subject:
Project No.:
File Reference No.:
We are sending you ~attached 0 under separate cover:
COJ/
Comments:
AlA Document A3 J 2
Performance Bond
Bond No. 103862350
Conforms with the American Institute of Architects, AlA Document A312,
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable,
CONTRACTOR (Name and Address):
Mabus Brothers Construction Co" Inc,
920 Molly Pond Road, Augusta, GA 30901
OWNER (Name and Address):
City of Augusta
Public Works and Engineering Department
1815 Marvin Griffin Road, Augusta, GA 30906
CONSTRUCTION CONTRACT
Date:
Amount: $2,505,808.35
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
Description (Name and Location): Project No,:326-04-288811018 - Laney Walker Blvd, Reconstruction
BOND
Date (Not earlier than Construction Contract Date):
Amount: $2,505,808.35
-~; 'J -;,~ "
Modi&calions to th{s;S6f:d:
". ~~-. ':':,:: ~ ..~ "/~,. <"\
CONTR&CTO\R AS PRINClftAl,
Compa,~ny.' ';' ' . p ~,-
. -= ~":: ......... ~.
Mabus Brothe:l:S :Cor,lstructiofl ,eo" Inc,
~ ......-: - ".. -.. ~.. ~ 1 :;
~ ~ ~
Signatu;;~+~~_
Name and Title;
(Any additional signatures appear on page 2,)
(FOR INFORMA TION ONLY - Name, Address and
Telephone) AGENT or BROKER; Palmer & Cay of Georgia, Inc
p, 0, Box 52427, Atlanta, GA 30355/404 231 9595
(Corporate Seal)
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner for
the performance of the Construction Contract, which is incorporated herein
by reference,
2 If the Contractor performs the Construction Contract, the Surety and the
Contractor shall have no obligation under this Bond, except to participate in
conferences as provided in Subparagraph 3,1.
3 If there is no Owner Default, the Surety's obligation under this Bond
shall arise after:
3.1 The Owner has notified the Contractor and the Surety at its address
described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with the Contractor and the Surety to be held not
later than fifteen days after receipt of such notice to discuss methods of
performing the Construction Contract. If the Owner, the Contractor and
the Surety agree, the Contractor shall be allowed a reasonable time to
SURETY 5026 (6-92)
S-18521GEEF10/99
Page 1 of 2
o None _ D See Page 2
" "
SURETY
Company: Travelers Casualty and Surety (Corporate Seal)
Company of America
Signature: ~ A t/ d:AA-.
Name and Title; W. G, Van Buskirk, Attorney in Fact
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
perform the Construction Contract, but such an agreement shall
not waive the Owner's right, if any, subsequently to declare a
Contractor Default; and
3.2 The Owner has declared a Contractor Default and formally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not be declared earlier than twenty days
after the Contractor and the Surety have received notice as
provided in Subparagraph 3,1; and
3,3 The Owner has agreed to pay the Balance of the Contract
Price to the Surety in accordance with the terms of the
Construction Contract or to a contractor selected to perform the
Construction Contract in accordance with the terms of the
contract with the Owner,
4 When the Owner has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of the
following actions:
4.1 Arrange for the Contractor, with consent of the Owner, to perform
and complete the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract
itself, through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals from qualified contractors
acceptable to the Owner for a contract for performance and completion
of the Construction Contract, arrange for a contract to be prepared for
execution by the Owner and the contractor selected with the Owner's
concurrence, to be secured with performance and payment bonds
executed by a qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount of damages
as described in Paragraph 6 in excess of the Balance of the Contract
Price incurred by the Owner resulting from the Contractor's default; or
4.4 Waive its right to perform and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, determine the amount for which it may
be liable to the Owner and, as soon as practicable after the
amount is determined, tender payment therefor to the
Owner; or
.2 Deny liability in whole or in part and notify the Owner
citing reasons therefor,
5 If the Surety does not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on this
Bond fifteen days after receipt of an additional written notice from the
Owner to the Surety demanding that the Surety perform its obligations
under this Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in Subparagraph
4.4, and the Owner refuses the payment tendered or the Surety has denied
liability, in whole or in part, without further notice the Owner shall be
entitled to enforce any remedy available to the Owner.
6 After the Owner has terminated the Contractor's right to complete the
Construction Contract, and if the Surety elects to act under Subparagraph
4.1, 4.2, or 4,) above, then the responsibilities of the Surety to the Owner
shall not be greater than those of the Contractor under the Construction
Contract, and the responsibilities of the Owner to the Surety shall not be
greater than those of the Owner under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages on
the Construction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract;
6.2 Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or failure
to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in
the Construction Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
MODTFICAT10NS TO THlS BOND ARE AS FOLLOWS:
7 The Surety shall not be liable to the Owner or others for obligations of
the Contractor that are unrelated to the Construction Contract, and the
Balance of the Contract Price shall not be reduced or set off on account of
any such unrelated obligations, No right of action shall accrue on this Bond
to any person or entity other than the Owner or its heirs, executors,
administrators or successors.
8 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations,
9 Any proceeding, legal or equitable, under this Bond may be instituted
in any court of competent jurisdiction in the location in which the work or
part of the work is located and shall be instituted within two years after
Contractor Default or within two years after the Contractor ceased working
or within two years after the Surety refuses or fails to perform its
obligations under this Bond, whichever occurs first. If the provisions of this
Paragraph are void or prohibited by law, the minimum period of limitation
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page.
11 When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein, The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract after all
proper adjustments have been made, including allowance to the
Contractor of any amounts received or to be received by the Owner in
settlement of insurance or other claims for damages to which the
Contractor is entitled, reduced by all valid and proper payments made
to or on behalf of the Contractor under the Construction Contract.
12.2 Construction Contract: The agreement between the Owner and
the Contractor identified on the signature page, including all Contract
Documents and changes thereto,
12.3 Contractor Default: Failure of the Contractor, which has neither
been remedied nor waived, to perform or otherwise to comply with
the terms of the Construction Contract.
12.4 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with the
other terms thereof,
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page,)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-18521GEEF 10/99
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
AlA Document A312
Bond No. 103862350
Payment Bond
Conforms with the American Institute of Architects, AlA Document A3l2,
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Mabus Brothers Construction Co., Inc.
920 Molly Pond Road, Augusta, GA 30901
OWNER (Name and Address):
City of Augusta
Public Works and Engineering Department
1815 Marvin Griffin Road, Augusta, GA 30906
CONSTRUCTION CONTRACT
Date:
Amount: $2,505,808,35
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
Description (Name and Location): Project No.: 326-04-288811018 - Laney Walker Blvd, Reconstruction
BOND
Date( Not earlier than Construction Contract Date):
Amount: $2,505,808,35
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Company: 'So:.,', '. (Corporate Seal)
Mabus Brothers Construction Co" Inc.
~>-- ~ -~, ./~, \.
Signa2~e:~~~~~
Name:~nd TiY~~ _co _'" -~, ;
(Anyactditional signatures appear on page 2,)
, . .-.,
(FOR INFQRMATION QNL Y - Name, Address and
Telephone) AGENT 'or BROKER: Palmer & Cay of Georgia, Inc,
P.O. Box 52427, Atlanta, GA 30355/404231 9595
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner to
pay for labor, materials and equipment furnished for use in the performance
of the Construction Contract, which is incorporated herein by reference,
2 With respect to the Owner, this obligation shall be null and void if the
Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity whose claim, demand,
lien or suit is for the payment for labor, materials or equipment
furnished for use in the performance of the Construction Contract,
provided the Owner has promptly notified the Contractor and the
Surety (at the address described in Paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands,
liens or suits to the Contractor and the Surety, and provided there is no
Owner Default.
SURETY 5026 (6-92)
S-1853/GEEF 3/00
Page 1 of 2
o None
D S~e; P;ge 2
SURETY
Company: Travelers Casualty and Surety (Corporate Seal)
Company of America -
Signature: ~4~~
Name and Title: W. G, Van Buskirk, Attorney-in-Fact
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
3 With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for all
sums due,
4 The Surety shall have no obligation to Claimants under this Bond
until:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereof, to
the Owner, stating that a claim is being made under this Bond and,
with substantial accuracy, the amount of the claim,
4.2 Claimants who do not have a direct contract with the
Contractor:
.1 Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished materials or
equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the name of the party
to whom the materials were furnished or supplied or for
whom the labor was done or performed; and
.2 Have either received a rejection in whole or in part from the
Contractor, or not received within 30 days of furnishing the
above notice any communication from the Contractor by which
the Contractor has indicated the claim will be paid directly or
indirectly; and
.3 Not having been paid within the above 30 days, have sent a
written notice to the Surety (at the address described in
Paragraph 12) and sent a copy, or notice thereof, to the Owner
stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice fumished to the
Contractor,
5 If a notice required by paragraph 4 is given by Owner to the Contractor
or to the Surety, that is sufficient compliance,
6 When the Claimant has satisfied the conditions of Paragraph 4, the
Surety shall promptly and at the Surety's expense take the following
actions:
6.1 Send an answer to the Claimant, with a copy to the Owner,
within 45 days after receipt of the claim, stating the amounts
that are undisputed and the basis for challenging any amounts
that are disputed,
6.2 Payor arrange for payment of any undisputed amounts,
7 The Surety's total obligation shall not exceed the amount of this Bond,
and the amount of this Bond shall be credited for any payments made in
good faith by the Surety,
8 Amounts owed by the Owner to the Contractor under the Construction
Contract shall be used for the performance of the Construction Contract and
to satisfy claims, if any, under any Construction Performance Bond, By the
Contractor furnishing and the Owner accepting this Bond, they agree that
all funds earned by the Contractor in the performance of the Construction
Contract are dedicated to satisfy obligations of the Contractor and the
Surety under this Bond, subject to the Owner's priority to use the funds for
the completion of the work.
9 The Surety shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction
Contract. The Owner shall not be liable for payment of any costs or
expenses of any Claimant under this Bond, and shall have under this bond
no obligations to make payments to, give notices on behalf of, or othelWise
have obligations to Claimants under this Bond.
10 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which
MODIFICA nONS TO THIS BOND ARE AS FOLLOWS:
the work or part of the work is located or after the expiration of one year
from the date (I) on which the Claimant gave the notice required by
Subparagraph 4, I or Clause 4.2,3, or (2) on which the last labor or service
was performed by anyone or the last materials or equipment were furnished
by anyone under the Construction Contract, whichever of (I) or (2) first
occurs, If the provisions of this Paragraph are void or prohibited by law, the
minimum period of limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable,
12 Notice to the Surety, the Owner or the Contractor shall be mailed or
delivered to the address shown on the signature page, Actual receipt of
notice by Surety, the Owner or the Contractor, however accomplished, shall
be sufficient compliance as of the date received at the address shown on the
signature page.
13 When this Bond has been furnished to comply with a statutory or other
legal requirement in the location where the construction was to be
performed, any provision in this Bond conflicting with said statutory or
legal requirement shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement shall be deemed
incorporated herein, The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond,
14 Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the Contractor shall promptly furnish a copy of
this Bond or shall permit a copy to be made,
15 DEFINITIONS
15.1 Claimant: An individual or entity having a direct contract
with the Contractor or with a subcontractor of the Contractor to
furnish labor, materials or equipment for use in the performance of
the Contract. The intent of this Bond shall be to include without
limitation in terms "labor, materials or equipment" that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental
equipment used in the Construction Contract, architectural and
engineering services required for performance of the work of the
Contractor and the Contractor's subcontractors, and all other items for
which a mechanic's lien may be asserted in the jurisdiction where the
labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the Owner
and the Contractor identified on the signature page, including all
Contract Documents and changes thereto.
15.3 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to perform and complete or comply with the
other terms thereof.
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-1853/GEEF 3/00
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
.' '
,i
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPANY
Hartford, Connecticut 06183-9062
POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these
presents make, constitute and appoint: W. G. Van Buskirk, James R. Williams, Cynthia M. Ward, Renee A. Lauth, of Atlanta,
Georgia, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge,
at any place within the United States, the following instrument(s): by hislher sole signature and act, any and all bonds,
recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional
undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the
same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the
authority herein given, are hereby ratified and confirmed,
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other \.Wi.tings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her,
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary,
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority,
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by
authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY
COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY
COMPANY, which Resolution is now in full force and effect:
VOTED: That the signature of eac~ of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and lU1dertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached,
(11-00 Standard)
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CONTRACT DOCUMENTS
FOR
LANEY WALKER BLVD STREET AND
LIGHTING IMPROVEMENTS
AND
LANEY WALKER BLVD STORM SEWER
IMPROVEMENT PLAN
PROJECT NO.:
326-04-288811018
GADOT PROJ. NO. :
PR-8530-66(245), RICHMOND
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03/18/02 Pre-Bid Addendum
For The
Contract Documents
For
Laney-Walker Boulevard Street and Lighting Improvements
And
Laney-Walker Boulevard Storm Sewer
Improvement Plan
The following changes apply to the Traffic Signal and Lighting Plans:
1: Change all 170E controllers and 412C Modules to 2070 controllers (complete, with
software as a separate pay item).
2: Change all conflict monitors to the type compatible with the 2070.
3: Change all signal heads to 12 inch LED signal heads, designed specifically for
spanwire or rigid mounting as required.
4: Change all traffic signal cabinets to be the 332 model.
5: Bids shall separate the cost of materials and installation of the crosswalk signal at
Erving Towers, refer to this item as Signal Installation la (installation) and Ib
(materials).
6: Street name signs are included in the cost of the Traffic Signal Installation and shall
be made of high intensity sheeting.
7: Metal Tape in note #3 of the signal plans refers to ''metal banding tape" and shall be
used in the same manner as plastic tie wraps. "Armor Tape" is a brand name used for
reference only. Equivalent materials may be accepted.
8: "Canoga" detectors is a brand name and may be substituted with an equivalent
device.
,
9: In the bid for street lights, poles, and fixtures will be supplied by Augusta-Richmond
County, unassembled.
10: Traffic Signal Installation No.1, helper spans are required.
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LIST OF PROJECT DOCUMENTS
LANEY WALKER BOULEVARD STREET AND LIGHTING
IMPROVEMENTS
&
LANEYWALKERBOULEVARDSTORMSE~R
IMPROVEMENT PLAN
Project Number: 326-04-288811018
SECTION
PAGES
Instruction to Bidders
ill-l thru ill-3
Georgia Prompt Pay Act
PPA-l
Minority and Economically
Disadvantaged Business Support
:ME-l
Special Conditions
SP-l thru SP-2
Agreement
A-l thru A-4
General Conditions
1 thm 33
Supplementary Conditions
SC-l thru SC-2
Proposal
P.l thru P-4
General Notes
G-l thru G-l6
Landscape
L8-1 tbru L8-3
Traffic Control
TC-l tbru TC-23
County Contract
CC-l tbru cc-36
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SECTION IB
INSTRUCTION TO BIDDERS
IB-Ol'
GENERAL
, All proposals must be presented in a sealed envelope, addressed to the
Owner. The proposal must be filed with the Owner on or before the time stated in the
invitation for bids. Mailed proposals will be treated in every respect as though filed in
'person and will be subject to the same requirements,
Proposals received subsequent to the time stated will be returned
unopened, Prior to the time stated any proposal may be withdrawn at the discretion of
the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids '
have been opened, pending the execution of contract with the successful bidder.
IB-02
EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy himself as to the nature
and location of the work, the conformation of the ground, the character, quality and
quantity of the facilities needed preliminary to and during the prosecution of the work,
the general and local conditions, and all other matters which can in any way affect the
work or the cost thereof under the contract. No oral agreement or conversation With any
officer, agent, or employee of the Owner, either before or after the execution of the
contract, shall affect or modify any of the terms or obligations therein.
IB-03 ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other prebid
documents will be made to any bidder orally. ,
Every request for such interpretation should be in writing addressed to the
Director of Public Works, 1815 Marvin Griffin R()ad, Augusta, Georgia 30906, and to be
given consideration must be received at least seven working days prior to the date fixed
for the opening of bids. Any and all such interpretations and any supplemental
instructions will be in the form ofwrltten addeIida to the specifications which, ifissued,
will be sent to the Augusta-Richmond County Purchasing Director at least five
working prior to the date fixed for the opening of bids. The Purchasing Director
shall send by certified mail with return receipt requested to all prospective bidders (at ,
the respective addresses furnished for such purposes), not later than three working days
prior to the date fixed for the opening of bids. Failure of any bidder to receive any such
addendum or interpretation shall not relieve such bidder :from any obligation under his
bid as submitted. All addenda so issued shall become part of the Contract Documents.
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lB-!
lB-04 PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the
, bidder or his authorized representative. Any corrections to entries made on bid forms
should be initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid forms, unless
specific directions in the advertisement, on the bid form, or in the special specifications
allow for partial bids. Failure to quote on all items may disqualify the bid. When
quotations on all items are not required, bidders shall insert the works "no bid" where
appropriate,
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already
submitted will be allowed if submitted by telegraph prior to the time fixed in the
Invitation for Bids, Modifications shall be submitted as such, and shall not reveal the
total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships' will be 'signed by all
owners. Bids of corporations will be signed by an officer of the firm and his signature
attested by the secretary thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bonds is required in all cases,
lB-OS 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. '
!B-2
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lB-06 BIDDER'S OUALIFICATIONS
,No proposal will be received from any bidder unless he can present
satisfactory evidence that he is skilled in work of a similar nature to that covered by the
contract and has sufficient assets to meet all obligations to be incurred in carrying out the
work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL
EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to
working capital available, plant equipment, and his experience and general qualifications.
The owner may make such investigations as are deemed necessary to determine the
ability of the bidder to perform the work and the bidder shall furnish to him all such
additional information and data for this purpose as may be requested. The Owner
reserves the right to reject any bid if the evidence submitted by the bidder or investigation
ofhim fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein. Part of the '
evidence required above shall consist of a list of the names and addresses of not less than
five (5) firms or corporations for which the bidder has done similar work.
lB-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, toots, 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.
ffi-08 REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as
soon as practicable, provided satisfactory bids are received. The right is reserved,
however to waive any informalities in bidding, to rej ect 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.
lB-3
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GEORGIA PROMPT PAY ACT
TbisAgreement is intended by the Parties to, and does, supersede any and all provisions
of the Georgia Prompt Pay Act, a.c.G.A. Section 13-11-1, et seq, In the event any
, provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the
provision of this Agreement shall control.
All claims, disputes and other matters in question between the Owner and the Contractor
arising out of or relating to the Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond Count, Georgia. The Contractor, by executing this
Agreement, specifically consents to venue in Richmond County and waives any right to
contest the venue in the Superior Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to this Agreement and
Contractor specifically waives any claim to same.
NOTICE
All references in this document; which includes all papers, writings, drawings, plans or
photo graphs to be used in connection with this document, to ''Richmond County Board of
Commissioners" shall be deemed to mean "Augusta Richmond County Commission-
Council and all references to "Chairman" shall be deemed to mean "Mayor".
DISPOSALS
Prior to any material from this project being wasted or otherwise disposed of outside the
project limits the Contractor shall furnish the Engineer a copy of written permission,
signed by the property owner (or his authorized agent) describing the estimated amount
and type of material to be placed on said property. If any portland cement concrete,
asphaltic concrete, wood or other such materials are to be wasted on the property, a copy
of the owner's inert landfill permit, issued by the Environmental Protection Division shall
be furnished to the Engineer prior to any such waste being removed from the proj ect.
In all cases, regardless of the material being wasted, a grading permit issued by Augusta
Richmond County must be furnished to the Engineer.
PPA-l
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MINORITY AND ECONOMICALLY 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 ~s intention, this project is offered to all qualified finns,
The bids will be evaluated based on qualifications, price and construction time. With all
other items being considered equal, the contract, if awarde~ 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 bi~ 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.
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LANEY WALKER BOULEVARD STREET AND LIGHTING
IMPROVEMENTS
&
LANEYWALKERBOULEVARDSTORMSE~R
IMPROVEMENT PLAN
, Project No: 326-04-288811018
SPECIAL CONDITIONS
SCOPE:
This project consists of roadway improvements including pavement
widening, new turn lanes, new concrete curb and gutter, new concrete
sidewalks and driveways, new storm drainage system, ,landscaping, and
new street lighting. , '
TERMINI AND LENGTH:
This project extends from the intersection of Martin Luther King
Boulevard and Laney Walker Boulevard in an easterly direction
approximately 5400 lineal feet to the intersection of New Twiggs Street.
LUMP SUM CONSTRUCTION:
Item Number 230-1000 Lump Sum Construction, includes, but is not
limited to, locating, maintaining, and reclaiming waste and/or disposal
areas, construction layout, removals and/or relocations not covered by a
pay item, and any other work not covered by a pay item. such as those
listed under Lump Sum Construction beneath the detailed estimate on
, pages P-2 and P-3.
STORM DRAIN PIPE:
All RCP shall include O-ring gaskets.
PROJECT PLANS:
The project plans for this project consist of two separate sets of plans. The
first set of plans consist of the General Roadway Reconstruction, Traffic
Plans, Landscaping, and Street Lighting' and were produced by Charles T,
Alexander, P.E, The second set consists of Storm Sewer Improvements
and were produced by James G. Swift & Associates, 706-868-8803. Any
reference in the documents shall mean both sets. The bid schedule
Included in the contract documents will govern over the individual
detailed estimate sheets in the plans,
SP-l
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STREET LIGHTING REMOVAL AND INSTALLATION:
The existing light poles will be removed and stored by the Contractor at a
location designated by the lighting/maintenance division and the cost will
be included in Bid Item Number 230-1000, Lump Sum Construction.
The light poles, fixtures and lamps required on this project are being
purchased by the Owner. The Contractors bid on the installation shall
include all hardware, wire, accessories, electrical cabinets, and electrical
service required for a functioning system. The Contractor shall be
responsible for picking up the Owner's materials and transporting them to
the job site for installation. The Contractor shall also be totally
responsible for all materials until final acceptance of the project.
TRAFFIC SIGNAL INSTALLATION:
The five (5) traffic signal installations shown in the bid schedule shall
include all materials necessary for a functioning system including all
boxes, wiring, etc., between each individual installation.
CONSTRUCTION NOTES:
Note Number 17 on Sheet Number Two of General Roadway Construction
Plans shall be deleted and replaced by the following: "All utility facilities
which are in conflict with construction, not covered as specific items in
the detailed estimate, are to be removed and relocated by the respective
owners with the exceptions of Augusta Traffic Engineering and Augusta
Utility Department. All "above ground" utility structures will be relocated
as near as possible to the right-of-way lines.
LANDSCAPING:
The Contractor shall coordinate a meeting that includes ARC Trees and
Landscaping Division, the ARC Lead Inspector and any other ARC
Inspector prior to sidewalk and cut-out construction.
UTTI..ITY CONFLICTS:
The Contractor shall coordinate with AL1 utility owners the providing of
a schedule addressing in detail, when, where, and how long each utility
will be involved in the utility conflict(s) resolution and/or relocation.
Each utility will provide input in compiling such schedule. This schedule
must be compatible with the construction schedule prepared and submitted
by the Contractor.
A weekly meeting including all utility reps, as selected by the Contractor
and the ARC Inspector, should be scheduled to address utility concerns on
a regular basis.
SP-2
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SECTION A
AGREEMENT
TIllS AGREEMENT, made on the ltf!:day of ~{fs/ ,200_ by and between
AugustaftiehmeBEl COtffity CQmmissioD C9tmOH Ge. --0 -~= '
party of the_ ~1J'artJ1ereinafter called the OWNER, and f...f Ai?U S ~
Cou9frWGUcn.J C-D'j /tJL-..
party of the second part, hereinafter called the CONTRACTOR,
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter
names, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all 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:
LANEY WALKER BOULEVARD STREET AND LIGHTING IMPROVEMENTS
&. .
LANEY WALKER BOULEVARD STORM SEWER IMPROVEMENT PLAN
PROJECT NUMBER: 326-04-288811018
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 IT - TIME OF COMPLETION - LIOUlDATED DAMAGES
The work to be performed under this Contract shall be commenced within 1Q
Calendar days after the date of written notice by the Owner to the Contractor to proceed.
All work shall be completed within 325 calendar days with such extensions oftime as are
provided for in the General Conditions.
It is hereby understood and mutually agreed, by and between the contractor and
the Owner, that the date of beginning, rate of progress and the time for completion of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor
agrees that said work shall be executed regularly, diligently, and uninterruptedly at such
rate of progress as will insure full completion thereof within the time specified. It is
expressly understood and agreed by and between the Contractor and
the Owner, that the time for completion of the work described herein is a reasonable time
for completion of the same, taking into consideration the average climatic range and
construction conditions prevailing in this locality.
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IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE
THE WORK. WITHIN THE TIME HERElN SPECIFlED, then the contractor does
hereby agree, as a part of the consideration for the awarding of this contract, to pay the
Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated
damages for such breach of contract as hereinafter set forth, for each and every calendar
day that the contractor shall be in default after the time stipulated in the Contract for
completing the work. '
The said amount is fixed and agreed upon by and between the Contractor and the
Owner because of the impracticability and extreme difficulty of fixing and ascertaining
the actual damages the Owner would, in such event, sustain, and said amounts shall be
retained from time to time by the Owner from current periodical 'estimates.
It is further agreed that time is of the essence of each and every portion of this
Contract and the specifications wherein a definite portion and certain length of time is
fixed for the additional time is allowed for the completion of a work, the new time limit
fiXed by extension shall be the essence of this contract.
ARTICLE ill-PAYMENT
(a) The Contract Sum
The owner shall pay to the Contractor for the performance of the contract
the amount as stated in the Proposal and Schedule ofItems. No variations
shall be made in the amount except as set forth in the specifications
attached hereto,
(b) Progress Payment
No later than the fifth day of every month,
the Contractor shall submit to the Owner's Engineer, an estimate covering the percentage
of the total amount of the contract which has been completed from the start of the job up
to and including the last working day of the proceeding month, together with such
supporting evidence as may be required by the Owner and/or the Engineer. This
estimate shall include only the quantities in place and at the unit prices as set forth in the
Bid Schedule.
On the vendor run, following approval of the
invoice for payment, the owner shall after deducting previous payments made, pay to the
Contractor,90% of the amount of the estimate on units accepted in place. The 10%
retained percentage may be held by the Owner until the final completion and acceptance
of all work under the Contract.
Revised (1/1/99
A-2
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ARTICLE N - ACCEPTANCE AND FINAL PAYMENT
(a) Upon receipt of written notice that the work is ready for final inspection
acceptance, the Engineer shall within 10 days, make such inspection and
when he finds the work acceptable under the contract and the contract
fully performed, he will promptly issue a final certificate, over his own
signature, stating that the work required by this Contract has been
, completed and is accepted by him under the terms and conditions thereof,
and the entire balance found to be due the Contractor, including the
retained percentage, shall be paid to the Contractor by the owner within 15
days after the date of said final certificate.
(b) Before final payment is due, the Contractor shall submit evidence
satisfactory to the Engineer that all payrolls, material bills, and other
indebtedness connected with work have been paid, except that in case of
, disputed indebtedness of liens of evidence of payment of all such disputed
amounts when adjudicated in cases where such payment has not already
been guaranteed by surety bond. .
(c) The making and acceptance of the final payment shall constitute a waiver
of all claims by the Owner, other than those arising from unsettled liens,
from faulty work appearing within 12 months after :final payment, from
requirements of the specifications, or from manufacturer's guarantees. It
shall also constitute a waiver of all claims by the contractor except those
previously made and still unsettled.
(d) If after the work has been substantially completed, full completion thereof
is materially delayed through no fault of the Contractor, and the Engineer,
so certifies, the Owner shall upon certification of the Engineer, and
without terminating the contract, make payment of the balance due for that
portion of the work fully completed and accepted.
(e) Notwithstanding any provision of the General Conditions, there shall be
no substitution of materials or change in means, methods, techniques,
sequences or procedures of construction that are not determined to be
equivalent to those indicated or required in the Contract Document,
without an Amendment to the Contract..
Each payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
A-3
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.
" Ge.~EfNt02-
AUGUST~..ro:CIIM ill ComITY
COMMIS ON COUNCIL
(Owner)
SEAL-
Commission-Council
~M/J
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CONTRACTOR:~~l/Pft!x"7./~ SEAL
By:.~/"~~
Title: 'i1<es ~t:J $N-r
Address: 9tlt1 J1ItPUf' fJ/()tJ $IP!J
lk~f7'#; ~ 3()f<;;
'/ .
Attest
G~;(AlA 0, ~~:~~~~',l:"
Secretary
: ~
:::~:.-- ,.-...~ ,--.
A-4
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
'Number Title Pag~
DEFINITIONS.....,..,......,....,..............................,.. 7
1 PRELIMINARY MATIERS ........................................ 8
3 CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE............................... 9
4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS ..................................,........,.. 10
. ,
5 BONDS AND INSURANCE.......... ............ .................. 11
6 CONTRACTOR'S RESPONSIBILITIES ............................ 14
7 OTHER WORK....... ,...........'...........,...... .,..,.. ......... 18
8 OWNER'S RESPONSIBILITIES....,.........., ..................., 19
9 ENGINEER'S STATUS DURING CONSTRUCTION .............. 19
10 CHANGES IN THE WORK......................................... 21
II CHANGE OF CONTRACT PRICE..;.................. ............. 21
12 CHANGE OF CONTRACT TIME............... .................... 24
13 WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK........................... 24
14 PA YMENTS TO CONTRACTOR AND COMPLETION ,.....,..... 26
15 SUSPENSION OF WORK AND TERMINATION "..... ,.,..,.... 29
16 ARBITRATION, .". '" ,. "., ,... ..... ,.... ..... ... ,... .,.... ....... 31
17 MISCELLANEOUS. ..,. ....................,.., .... .....".... ..... 32
3
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INDEX TO GENERAL CONDITIONS
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Anicle or Paragraph
. Number
Acceptance of Insurance .............................5.13
Access to the Work ...................................13.2
Addenda-definition of (see definition of
Specifications) ..... ....,.... ............................ I
Agreement--<lefinition of ................................ I
All Risk Insurance..................................... 5.6
Amendment. Wrinen ............................. 1. 3.1.1
Application for Payment-<lelinition of .................. 1
Application for Payment. Final ...................... 14.12
Application for Progress Payment .................... 14.2
Application for Progress Payment--review of .... 14.4-14.7
Arbitration ... ~ . . ... . . . . . . . . ... . .... . . ... . . ... .. ..... ... 16
Authorized Variation in Work ......................... 9.5
Availability of Lands ..............,................... 4.1
Award. Notice o.f-<lefined .............................. I
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Before Starting Construction .............,........ 2.5.2.7
Bid--definition of ....................................... 1
Bonds and Insurance-in genera! ........................ 5
Bonds--definition of . .. . .. .. ... .. . .., ... .. . . , ... .. ... .. " 1
Bonds. Delivery of ............................._ 2.1,5.1
'Bonds. Pedormance and Other .................... S .1-5.2
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Cash Allowances .......................... .......... ... 11.8
Chan@e Order--definition of ............................. 1
Change Orders-to be executed ...................... 10.4
Changes in the Work ................................... 10
Claims. Waiver of -on Final Payment ............... 14.16
Clarifications and Interpretations ...................... 9.4
Cleaning .................. . . .. . . . . . . . . . . . . . . . . . ,. . . ,. 6.17
Completion.. .. . ................. .......... ............. 14
Completion. Substantial ......................... 14.8-14.9
Conference. Preconstruction .......................... 2.8
Conflict. Error. Discrepancy-Contractor
to Repon .................... . . . . . . . . . . . . .. . . . . 2.5. 3.3
Construction Machinery. Equipment. etc. ............. 6.4
Continuing Work ....,........,.............,......... 6.29
. Contract Documents-amending and
supplementing ............ ....................... 3.4-3.5
Contract Documents-definition of ,................... ~. I
Contract Documents-lntent ...................... 3.1-3,3
Contract Documents-Reuse of ............ .... ,...... 3.6
Contract Price. Change of .............................. II
Contract Price-.:iefinition ............................... 1
Contract Time. Change of .............................. 12
Contmct Time. Commencement of ,. ....,. .... ........ 2.3.
Contract Time--definition of . , . . . . . . . . . . . . . . . . . . ., . . . . . .. I
Contractor--<lerinition of .....,.......................... 1
Contractor May Stop Worle. or Terminate ............. 15.5
Contractor's Continuing Obligation........ :......... 14.15
Contractor's Duty to Report Discrepancy
in Documents .................................. 2.5. 3.2
Contractor's Fee-Cost Plus ... 11.4.5.6. 11.5.1. 11.6-11.;
Contractor' 5 Liability Insurance .....,................. 5.3
Contractor's Responsibilities-in general ................ 6
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Contractor's Warranty of Title ... ...... ... ... .. .... ... 14.3
Contractors--other ...................................... 7
Contractual Liability lnsurance ....................;... 5.4
Coordinating Contractor-<lefinition of ................ 7.4
Coordination .......................................... 7.4
Copies of Document! ,................................. 2.2
Correction or Removal of Defective Work ........... 13.11
Correction Period. One Year ........................ 13.12
Correction. Removal or Acceptance of Defective
Work-in general .....;..................... 13.11-13.14
'Cost-net decrease....................:............. 11.6.2.
Cost of Work .................................... 11.4-11.5
Costs. Supplemental ................................ 11.4.5
Day-<lefinition of ....................................... I
Deft'ctivt'--delinition of ................................. I
Defective Work. Acceptance of ...................... 13.13
Defective Work. Correction or Removal of .......... 13.11'
Defective Work-in general............... 13.14.7,14.11
Deft'ctive Work. Rejecting. . . . . . . . , .. .. .. ..... . ... . .. .. 9.6
Detini tions ,. . . .. .. .. : .. .. . . .. . . . . . .. . .. .. .. . . . .. . .. . .... I
Delivery of Bonds' . . . . . . . . . . .. . . . . . . . . . . . . .. .. . , .. . . . .. 2.1
Determination for Unit Prices .....................:.. 9.10
Disputes. Decisions by Engineer . .. . .. . .. . .. .. ... 9.11-9.12
Documents. Copies of ................................. 2.2
Documents. Record ............ ..... ................. 6.19
Documents. Reuse .................................... 3.6
Drawin.gs.--definition of ...........,........,............ 1
Easements ............................................. 4.1
Effective date of Agreement--definition of ......,.. . . . . .. I
Emergencies ......................................... 6.:!:!
Engineer-<lefinition of .............................,.... I
Engineer's 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' 5 Status During Consuuction-in genera! ...... 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-detinition of ............................... I
Field Order-issued by Engineer ................ 3.5.1. 9.5
Final Application for Payment ....................... 14.12
Final Inspection ..................................... 14.11
Final Payment and Acceptance ...................... 14.13
Final Payment. Recommendation of ........... 14.13-14,14
Generiu Provisions .............................. 11.3-17.4
General Requirements-definition of . , . ....... .... ..:.. .. I
General Requiremenls-principal
references to ................. 2.6. 4.4. 6.4. 6.6-6.7. 6.23
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Giving Notice ..............., ........ ................ 17.1
Guarantee of Worlc.-by Contractor... .... ........ .... 13.1
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Indemnification......... . ..........:......... 6.3G-6.32,7.5
Inspection. Final .;......................... ~........ 14.11
Inspection; Tests and ................................. 13.3
Insurance. Bonds and-in general ....................... 5
Insurance, Cenificates of ........................... 2.7. S
Insurance-completed operations......... ........ ... .. 5.3.
Insurance. Contrac.tor's Liability .................... ..5.3
Insurance. Contractual Liability ....................... 5.4
Insurance, Owner's Liability ;......................... 5.5
Insurance. Property .............................. 5.6-5.13
Insurance-Waiver of Rights......................... 5.11
Intent of Contract Documents ................... 3.3, 9.14
Interpretations and Clarifications ...................... 9.4
Investigations of physical conditions ....... .. . . . . . .. . .. 4.1
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Labor. Materials and Equipment ;................. 6.3-6.5
Laws and Regulations--definition of ..................... I
Laws and Regulations-genera! .. .. .... . .. .. . .. ... .... 6.14
Liability Insurance-Contractor's .,................... 5.3
Liability Insurance-Owner's ......................... S.S .
Liens-definitions of .................,.............. 14.2
Limitations on Engineer's
Responsibilities ..................... 6.6.9.11, 9.13-9.16
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Materials and equipment-fumished by Contractor .... 6.3
Materials and equipment-not
incorporated in Work .............................. 14.2
Materials or equipment-equivalent ................... 6.7
MisceUaneous Provisions ..................,............ 17
Multi-prime contracts ................................... 7
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Notice. Giving of ........................,............ 17.1
Notice of Acceptability of Project ................... 14.13
Notice of Award--<lefinition of .......................... 1
Notice to Proceed--<lefinition of .........,......,........ I
Notice to Proceed-giving of ..... .... .... ............. 2.3
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"Or-Equal" Items. ... .. ............................... 6.7
Other contractors ....................................... 7
Other work .............................................. 7
Overtime Work-prohibition of ........................ 6.3
Owner--<lcfinition of .................................... I
Owner May Correct Defective Work................. 13.14
Owner May Stop Work................ .............. 13.10
Owner May Suspend Work. Terminate .......... 15.1-15.4
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 .................... 8
Owner's Separate Representative llt site ............... 9.3
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Partial Utilization .................................. 14.10
Partial Utilization-definition of ......................... I
Partial Utilization-Property Insurance ............... S.IS
Patent Fees and Royalties ............................ 6.12
Payments. Recommendation of ........... 14.4-14.7. 14.13
Payments to CIlntractor-in general .................... I~
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Pay""ents to Contractor-when 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' 5 review ............. 4.2.4
Physical Conditions-existing structures .,. . . . . . . .. .. 4.2.2
Physical Conditions-explorations and reportS .. ~ .. .. 4.2.1
Physical Conditions-possible document change ...... 4.2.5
Physical Conditions-price and time adjustments .... 4.2.5
PhysicalConditions-report of differing ............. 4.2.3
Physical Conditions-Underground Facilities.......... 4.3
Preconstruction Conference ......................... ... 2.8
Preliminary Matters ..................................... 2
Premises. Use or ................................ 6.16-6.18
Price, Change of Contract .............................. 11
Price.Contract--<lefinition 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-<lefinition of ......................... . . . .. . .. ... 1
Project Representation-provision for ............,.... 9.3
Project Representative. Resident-delinition of .......... 1
Project. Starting the ....................,.............. 2.4.
Property Insurance............................... 5.~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 Exclusive ............................. 17.4
Removal or Correction of Defective Work ........... 13.11
Resident Project Representative-<lefinition of ......,.... I
Resident Project Representative-provision for ........ 9.3
Responsibilities. Contractor's--in general ............... 6
Responsibilities. Engineer's-in general ................. 9
Responsibilities. Owner's-in general. . . . . . . . . . . . . . . .. . .. 8
Retainage ............................................ 14.2
Rc:use of Documents. ................................... 3.5
Rights of Way ................... .., . . . ... . . . . . . . . .. .... 4.1
Royalties. Patent Fees and ,.......................... 6.12
Safety and Protection....... 6. 20-6 ~ 21, 18.1-18,2
Samples ......................................... 6.23.6.~8
Schedule of progress ........ 1.6.2.8-2.9.6.6.6.19. 15.1.6
Schedule of Shop Drawing
submissions...................... 2.6. 2.8-2.9.6.23. 14.1
Schedule of values ...................... 2.6. 2.8-2.9. 14.1
Schedules. Finalizing ..................................2,9
Shop Drawings and Samples, .. .. . . . ... .. .. . . . ... 6.23-6.18
Shop Drawings--<iefinition' of ....... .. . . . . . . . . ......... . .. 1
Shop Drawings. use to approve
substitutions ;.............................:....... 6.7.3
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Site, Visits to-by Engineer ..;........................ 9.2
Specifications-definition of .........;................ ~ . .. ]
Starting ConstrUction, Before...................... 2.5-2.8
Staning the Project ........:...................;....... 2.4
Stopping Work~y Contractor....................... ]5.5
Stopping Work-by Owner. .... ...................... 13.]0
Subcontractor-definition of ............................. 1
Subcontractors--in.generaI ................. ~... .. 6.8-6.1 I
Subcontracts-required provisions ............5.11.1, 6.]]
11.4.3
Substantial Completion-certification of .............. 14.8
Substantial Completion-definition of. . ... . . .. . . ;.. . . .. .. 1
Substitute or "Or-Equal" ltems u..................... 6.7
Subsurface Conditions.. ....... ......... ~ '" .... ... 4.2-4.3
Supplemental costs .................................. 11.4.5
Supplementary Condition~efinition of ...........;.... 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
Supplier--<lefinition 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
Surety-consent to payment, .. ... .. .. , .. .. ... 14.12, 14.14
Surety-Engineer has no duty to ............... ...... 9.13
Surety-notice to ....... ................... 10.1,10.5,15.2
Surety-qualification of ........................... 5.1-S.2
Suspending Work. by Owner ...............;.......... IS. 1
Suspension of Work and Termination-in genera! ....... IS
Superintendent--Contractor's ......................... 6.2
Supervision and Superintendence . . . .. . . . . . . ., . . ... 6.1-6.2
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Taxes-Payment by Contractor... .. .. .......... ...... 6.15
Tenninatio~by Contractor.......................... IS.5
Termination-by Owner......................... 15.2-15.4
Termination. Suspension of Work and-in general ...... IS
Tests and Inspections ........................... 13.3-13.7
Time, Change of Contract .............................. 12
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Time. Computation of ................. to. .. .... .. .. .. 17.2
Time. Contract--<letinition of .................; ...... .. ... 1
Uncovering Work ............................... 13.8-13.9
U nderground Faci1itie~efinition of .................... ]
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-<letinition of .......................... 1
Unit Price Work-generaI ................. ] 1.9, ]4~ 1. ]4.5
Unit Prices... ..... ..:..... ..... .................... 11.3.]
Unit Prices. Determinations for. .. .. . .. .. . .. .. .. . .. ... 9.10
Use of Premises ........ ..... .,. ................. 6.16-6.18
Utility owners .......................... 6.13. .6.20. 7.2-7.3
Values. Schedule of ......................... 2.~. 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 parties.. .. .. . .. .... 5.10. 6.11
Warranty and Guarantee-by Contractor ....;........ 13.]
Warranty of Title. Contractor's ....................... ]4.3
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 ................... ]
Work Directive Change-principal .
references to ............................ 3.4.3. 10.1-]0.2
Work. .NegIected by Contractor ..................... 13.14
Work, Stopping by Contractor........................ 15.5
Work. Slopping by Owner....................... 15.1-15.4
Written Amendment-definition of ............,......... I
Written Amendment-principal
references to ..................... 3.4.1. 10.1. 11.2. 1:!.1
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GENERAL CONDITIONS
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ARTICLE I-DEF.INITIONS
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Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the .singular and plural
. thereof:
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Addenda-Written or graphic instruments issued prior to the
opening of Bids which clarify. correct or change the bidding
documents or the Contract Documents.
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ARreemellf-The written agreement between OWNER and
CONTRACTOR covering the Work to be performed: O!her
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
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Appli(,C1ticm for Paymem-The form accepted by ENGI-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porting documentation as is required br the Contract
Documents,
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Bid-The offer or proposal of the bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed.
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BOllds-Bid. performance imd payment bonds and other
instruments of security.
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Change Order-A document recommended by ENGlNEER.
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
on or after the Effective Date of the Agreement.
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COlltra('t Dommenrs- The Agreement. Addendalwhich per-
tain to the Contract Documents). CONTRACTOR's Bid
(including documentation accompanying the Bid and any post-
Bid documentation submitted prior [0 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 3.4 and 3.5 on or after the Effective Date of the
Agreement.
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Contra(.t Prh'e-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement (subject to the provisions of paragraph 11.9.1 in
the case of Unit Price Work).
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CVlIlrcl('t Tillie-The number of days Icomputed as provided
in par.lgraph 17.1) or the date stated in the Agreement for the
completion of the Work.
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CONTRACTOR-The person. firm or corpor.ltion with whl1m
OWNER has entered into the Agreement.
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defe('t;I'e-An adjective which when modifying the word Work
refers to Work that is unsatisfactory. faulty or deficient. or
does not conform to the Contract Documents... or does not
meet the requirements of any inspection. reference standard.
test or approval referred to in the Contract Documents. or
has been'damagedprior to ENGINEER's recommendation
of final payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.10),
Drawings":"" The drawings which show the character and scope
of the Work to be performed and which have been prepared
..or approved by ENGINEER and are referred to in the Con-
tract Documents.
E/fec:til'e Dare of tire Aweemelll-The date indicated in the
Agreement on which it becomes effectiv~. but if no such date
is indicated it m~ans the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
ENGINEER-The person. firm or corporation named as such
in the Agreement.
Field Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9.S but which does not involve a change in the Contract
Price or the Contract Time.
General Reqlliremellts-Sections of Division I of the Speci-
fications.
Lall's and Regulations; Laws or Regulations-Laws. rules.
regulations. ordinances. codes and/or orders.
Notice of Award-The written notice by OWNER to the
apparent successful bidder stating that upon compliance by
. the apparent successful bidder with the conditions precedent
enumerated therein. within the time specified. OWNER wi\1
sign and deliver the Agreement.
Notice (0 ProC'eed-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 l'erform CONTRAC-
TOR'S obligations under the Contract Documents, .
OWNER-The public body or authority. corporation. asso-
ciation. firm or person with whom CONTRACTOR has entered
into the Agreement :lad for whom the Work is to be provid~d.
Partial Utili:atiull-Placing a portion of the Work in service
for the purpose for which it is intended (or a related purpose)
before reaChing Substantial Completion for all the Work.
Prujec:t- The total construction of which the Work to be
provided under the Contract Documents may be the whole.
or a .part as indicated elsewhere in the Contract !:?ocuments.
Residmt Projec.t RL'prest:llftUive-The authorized represen-
tative of ENGINEER who is assigned to the site or any part
thereof.
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Shop Drawings-All drawings, diagrams, illustrations.
schedules and other data which are specifically prepared by
or for CONTRAcroR to illustrate some portion of the Work
and all illustrations, brochures, standard schedules, perfor-
mance charts, instructions.-diagrams and other information
prepared by a Supplier and submitted by CONTRAcrOR to
illustrate material or equipment for some portion of the Work.
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Specifications-Those ponions of the Contract Documents
consisting of written. technical descriptions of materials,
equipment. construction systems, standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto,
Subcontractor-An individual, firm or cotJlOration having a
direct contract with CONTRAcrOR or with any other Sub-
contractor for the performance of a part of the Work at the
site.
Substantial Completion-The Work(ora specified partthereot)
has progressed to the point where, in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive cenificate
of Substantial Completion. it is sufficiently complete, in
accordance with the Contract Documents. so that the Work
(or specified part) can be utilized for the purposes for which
it is intended; or if there be no such certificate issued, when
final payment is due in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially com-.
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
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Supplementary Conditions-The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
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Supplier-A manufacturer. fabricator, supplier. distributor,
materialman or vendor.
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.
Unit Price Work-Work to be paid for on the basis of unit
prices. -
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Work-The entire completed construction orthe.various sep-
arately identifiable parts 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.
Work Directive Changt-A written directive to CONTRAC-
TOR. issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
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ordering an addition, deletion or revision in the Work, or
responding to 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 Tune, but is evidence that the parties expect that
the change directed or documented by a. Work Directive
Change will be incorporated in a subsequently issued Change.
Order following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Tune as provided in
paragraph 10.2. .
Writren Amendment-A wrinen amendment of the Contract
Documents. signed by OWNER and CONTRAcrOR on or
after the Effective Date of the Agreement and normally deal-
ing with the nonengineering or nontechnical rather than strictly
Work-telated aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRAcrOR delivers the executed Agree-
ments to OWNER, CONTRAcrOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of DocumenJs:
2.2. 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.
Commencemelll of C01ll1'aCt Time: Notice to 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.
SlIU1ing the Project:
2.4. CONTRAcrOR shall stan 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 SllUting Construction:
2.5. Before undertaking each pan of the Work, CON-
TRAcrOR shall carefully study and compare the Contract
Documents and check and verify peninent figures shown
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thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall'obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
affected thereby: however.. CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to report any
conflic;t. error or discrepancy in the Contract Documents.
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
1.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in lhe General Require-
ments). CONTRACTOR shall submit to ENGINEER for
review:
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2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work: .
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2.6.2. a preliminary schedule of Shop Drawing sub-
missions: and
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub.
mission.
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2.7. Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER. with a copy to ENGINEER.
certificates land other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4. and
OWNER shall deliver to CONTRACTOR certificates (and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
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Preconstrucrion Conference:
2.8. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR starts the Work :1t
the site. a conference :1ttended by CONTRACTOR. ENGI-
NEER and others as appropriate will be held to discuss the
schedules referred to in. paragraph 2.6. to discuss procedures
for handling Shop Drawings and other submittals and for
processing Applications for Payment, and to establish:1 working
understanding :1mong the parties as to the Work.
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Finali:ing Schedules:
. 1.9. At least ten days before submission of the first Appli-
cation for Payment a conference attended by CONTRAC. .
TOR. ENGINEER and others as appropriate will be held to
finalize the ~chedules submitted in accordance with para-
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graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time. but such
acceptance will neither impose on ENGINEER responsibility
for the progress or scheduling of the Work nor relieve CON-
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGINEER as to form and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
Intent:
3.1. The Contract Documents comprise the entire !lgree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project. .
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereoO to be con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supplied whether or not specifically
called for. When words which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
or codes of any technical society. organization or association.
or to the Laws or Regulations of any governmental authority.
whether such reference be specific or. by implication. shall
mean the latest standard specification. manual. code or Laws
or Regulations in effect at the time of opening of Bids (or. on
the Effective Date of the Agreement if there were no Bids).
e:l:cept as may be otherwise specifically stated. However. no
provision of any referenced standard specification. manual
or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be effective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGINEER. or any of their consuitants. agents or employ-
ees from those set forth in the Contract Documents. nor shall
it be effective to nssign to ENGINEER. or any of ENGI-
NEER's consultants. agents or employees. any duty or
authority to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility contrary to the provisions of paragraph 9.15 or 9.16.
Clarifications and interpretations of the Contract Documents
'1hall be issued by ENGIN EER as provided in paragmph 9.4.
3'.3. if. during the performance of the Work. (:ONTRAC-
TOR finds a conflict. error or discrepancy in the. Contract
Documents. CONTRACTOR shall so report to ENGINEER
in writing at once and before proceeding with the Work :1tTected
thereby shall obtain awritten interpretation or c1l1rification
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. from ENGINEER: however. CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to repon any
cont1ict. error or diS"Crepancy in the Contract Documents
unless CONTRACTOR had actual knowledge thereof or should
reasonably have 'known thereof.
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Am~nding and Supplementing Contract Documtntt:
3.4. The Contract Documents may be amended to pro- .
vide for additions, deletions and revisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways:
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3.4.1. a formal Wrinen Amendment,
3.4.2. a Change Order (pursuant to paragraph 10.4),
or
3.4.3. a Work Directive Change (pursuant to para-
graph iO.l).
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As indicated in paragraphs 11.2 and 12.1. Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
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3.5. In addition, the requirements of the Contract..Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, io one or more of the
following ways:
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3.5.1. a Field Order (pursuant to paragraph 9.5),
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3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27), or
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3.5.3. ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
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R~use of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
n~shing any of the Work under a direct or indirect contract
with OWNER shall have or acquire any title to or ownership
rights in any of the Drawings. Specifications or other docu-
ments (or copies of any thereot) prepared by or bearing the
sea! of ENGINEER; and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
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ARTICLE 4-A V AlLABILITY OF LANDS: PHYSICAL
CONDITIONS: REFERENCE POINTS
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A llaiWJiIiIy of lAnds:
4. f. OWNER shall furnish. as indicated in the Contract
Documents, the lands upon which the Work is to be per-
formed. rights-of-way and easements for access thereto, and
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such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures.or perma-
nent changes in existing facilities will be obtained .and paid
for by OWNER. unless otherwise provided in the Contract
Documcnts. .If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or. ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shall,provide for all
additional lands and access thereto that may be required for
temporary construction facilities.or storage of materials and
equipmcnt..
Physical CoruliJions:
4.2.1. Explorations 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 utilizcd 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. intcrpreta-'
tions or opinions contained therein or for the completcness
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 rcly 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 immediatelv preccding sentence and in
paragraph 4.2.6. CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to such structures.
4.2.3. 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 4.2.1 .
and 4.2.2 is inaccurate. or
4.2.3.2.. any physical condition uncovered or
revealed at. the site differs materially from that indi-
cated. ret1ected or referred to in the Contract Docu-
ments.
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CONTRACTOR shall. promptly after becoming, aware
thereof and before performing any Work in connection
therewith (except in an emergency as permined by para-
graph 6.22), notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
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4.~.4. ENGINEER'.f Redel\': ENGINEER will
promptly review the pertinent conditions. determine the
necessity of obtaining additional explorations or tests with
respect thereto and advise OWNER in writing (with acopy
to CONTRACTOR) of ENGINEER's findings and con.
clusions. '
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4.2.5. Possible Document CllCln.~e: If ENGINEER
concludes that ,there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required. a .
Work Directive Change or a Change Order will be issued
as provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
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4.2.6. Po.rsible Pric'e and Tillie Adjll.wllellts: 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 OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles II and 12.
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Physical Conditions-Underground Facilities:
4.3.1. Shown or Indicated: The information and data
shown of.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 ENGINEER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
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4.3.l.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
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.U.l.2. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina-
tion of the Work with the owners of such Underground
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6.:20 and
repairing any damage thereto resulting from the Work.
the cost of all of which will be considered as having
been included in the Contract Price.
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4.3.2. Not Sholl'n or II/dicuted. 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-
ably have been expected to be aware of. CONTRACTOR
shall. promptly after becoming aware thereof and before
performing any Wllrk affected thereby (except in an emer-
gency as permitted by paragraph 6.22), identify the owner
of such Undergroum.l Facility and give written notice thereof
to that owner and tll OWNER and ENGINEER. ENGI-
NEER will promptly review the Underground Facility to
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determine the extent to which the Contract Documents
should be modified to reflect and document the conse-
.. quences 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'(istence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
. could not reasonably have been expected to be aware of.
If the parties are unable to agree as .to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles (I and 1:2.
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. CONTRA,CTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements). shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTR.-\C-
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. \. CONTRACTOR shall furnish performance and pay-
ment Bonds. each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due. 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 certified
copy of the authority to act.
5.2. If the surety on any Bond furnished by CONTRAC-
TOR is declared 'a bankrupt or becomes insolvent or its right
to do business is terminated in any state where any purt of
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the Project is located or it ceases to meet the requirements
of paragraph 5.1, CONTRACTOR shall within five days
thereafter substitute another Bond and Surety, both of which
must be acceptable to OWNER.
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Coritractor's Liability Insura~e:
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
. as will provide protectisn from claims set forth below which
may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other obligations under the Contract Documents. whether it
is to be performed or furnished by CONTRACTOR, by any
Subcontractor. by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable:
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5.3.1. Claims under workers' or workmen's compen-.
sation. disability benefits and other similar employee ben-
efit acts:
5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease. or death ofCONTRAC-
TOR's employees:
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5.3.3. Claims for damages because of bodily injury,
sickness or disease, or death of any person other than
CONTRACTOR's employees:
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5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained (a) by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR, or
(b) by any other person for any other reason;
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5.3.5. Claims for damages. other than to the Work
itself. because of injury to or destruction of tangible prop-
erty wherever located. including loss of use resulting
therefrom;
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5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages because of bodily injury or death of
any person or for damage to property: and
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5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
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The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions. or required by law, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur- .
ance so required to be purchased and maintained (or the
certificates or other evidence thereoO shall contain a provi-
. sion or endorsement that the coverage afforded will not be
cancelled. materially changed or renewal refused until at least
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thirty days' prior written notice has been .given to OWNER
and ENGINEER by certified mail. All such insurance shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting, removing or
replacing defective W <:irk in accordance with paragraph 13.12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two years after final payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
ConJractu/J1 LiDbility Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
Owner's LiDbility 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 D~cuments.
Prop,rty I1UurtUlce:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof.(subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulations). This insurance shall include the interests
of OWNER. CONTRACTOR. Subcontractors, ENGINEER
and ENGINEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured panies. shall insure
against the perils of fire and extended coverage. and shall
include "ail 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 consult:l.nts in the Work. all of whom shall be
listed as insured or additional insured parties.
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5.8. All the policies of insurance (or the certificates or
other evidence thereoO required to be purchased and main-
tained by OWNE~ in accordance with paragraphs 5.6 and
5.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to CONTRACTOR -by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
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5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests
of CONTRACTOR, Subcontractors or others in the Work to
the extent of any deductible amounts that are provided in the
Supplementary Conditions. The risk of loss within the
deductible amount. will be borne by CONTRACTOR. Sub-
contractor or others suffering any such loss and ifany of them
wishes propeny insurance coverage within the limits of such
amounts. each may purchase and maintain it at the purchas-
er's own expense.
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5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy. OWNER shall. if possible. include such insurance. and
the cost thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site. OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWNER.
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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-
NEER. ENGINEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As rcquired by paragraph 6.11. each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favor ofOWNER. 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
insurnnce held by OWNER as trustee or otherwise P!1Y-
able under any policy so issued.
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5.11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide primar~'
coverage for all losses and damages caused by the perils
covered thereby. Accordingly. all such policies shall con-
tain provisions to the effect that in the event of payment
of any loss or damnge the insurer will have no rights of
recovery against any of the parties named as insureds or
additional insureds. and if the insurers require separate
waiver forms to be signed by ENGINEER or ENGI-
NEER's cl1nsultant OWNER will obtain the same. and if
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such waiver forms are required of any Subcontractor.
CONTRACTOR will obtain the same.
Receipt and Application of Proceeds: .
.. . . .
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adj!Jsted with
OWNER and made payable to OWNER as trustee for the
insureds. as their interests may appear. subject to the require-
ments of any applicable mortgage clause and of paragraph
5.13. OWNER shall deposit in a separate account any money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shaH 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 Wricten 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. !fOWNER has any objection to the coverage afforded
by or other provisions of the insurancereql:ired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5.4 on the basis of its not complying
with the Contract Documents. OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such certificates to OWNER in accordance with
paragraph 2.7. If CONTRACTOR has any objection to thc
coverage afforded by or other provisions of the policics 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-
TRAcrOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON-
TRAcrOR in accordance with paragraph 2.7. OWNER and
CONTRAcrOR 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 Utili:.tztion-Prope11)'/nsurance:
5.15. [f OWNER finds it necessary to occupy "or use a
portion or portio!ls of the Work prior to Substantial Comple-
tion of all the Work. such use or occupancy may be accom-
plishell in accordance with paragraph 14.10: provided that no
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such use or occupancy shall commence before the insurers
providing the propeny insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces.
sitated thereby. The insurers providing the propeny insur-
ance shall consent by endorsement on the.policy or policies.
. but the propeny insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
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ARTICLE ~ONTRACTOR'S RESPONSIBILITIES
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Supervision and Sup<<rinuruhnce:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently, devoting such attention thereto
and applying such skills and expertise as may be necessary
to petform the Work in accordance with the Contract Doc.
uments. CONTRACTOR shall be solely responsible for the'
means, methods. techniques. sequences and procedures of
construction, but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means, method. technique, sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
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6.2. CONTRACTOR shall keep on the Work at aU times
during its progress a competent resident superintendent. who
shaH not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR 's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
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L4bor, MaJ~rials and Equipment:
6.3. CONTRACTOR shall provide cornpetent. 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 propeny at the site or
adjacent thereto. and except as otherwise indicated in the
Contract Documents. all Work at the site shall be petformed
during regular working hours. and CONTRACTOR will not
permit ovenime work or the performance of Work on Sat-
urday. Sunday or any legal holiday without OWNER's writ-
ten consent given after prior written notice to ENGINEER.
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6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment. labor. transponation.
construction equipment and machinery. tools, appliances.
fuel, power. light. heat. telephone. water. sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing, performance. testing. stan-up
and. completion of the Work.
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6.5.. All materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence (including reports of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed. con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro-
. vision of any such instructions will be effective to assign to
ENGINEER. or any of ENGINEER's consultants. agents or
employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author-
ity to undenake responsibility contrary to the provisions of
paragraph 9.15 or 9.16. .
Adjusting Progress Scheduh:
6.6. CONTRACTOR shaU submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) adjijst-
ments in the progress schedule to reflect 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.
SubstilUle$ or "O,...EqUl1.l" 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 panicular 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
wiu 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 frorn 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, .
cenifying that the proposed substitute will perfonn ade-
quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec-
ified. The application will 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 desigrt to the proposed substitute and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license fee or
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royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi-
cated. The appiication Willlllso contain an itemized esti-
mate of all costs that wit! 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 ma~'
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data ab.out the proposed substitute.
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6.7.2. If a specific means. method. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR may furnish or
utilize a substitute means. method. sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedurc for review by ENGlNEER
will be similar to that provided in parngraph 6.7.1 as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
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6.7.3. ENGINEER will be allowed a reasonable time
.....ithin which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability. and no
substitute will be ordered. installed or utilized without
ENGlNEER'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 ENGlNEER's consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute. CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluat-
ing .:ach proposed substitute.
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Conceming Subcontractors, Suppliers and Other!:
6.8.1. CONTRACTOR shall not .employ any Subcon-
tractor. Supplieror other person or organization !including
those acceptable to OWNER and ENGINEER as indi-
cated in parugraph 6.8.21. whether initially or as a substi-
tute. against whom OWNER or ENGINEER may ha\"c~
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. Supplier or other person or
organization to furnish or perform any of the Wurk against
whom CONTRACTOR has reasonable objectiun.
6.8.~. If the Supplementary Conditions r.:quire the
identity of certain Subcontractors. Suppliers or other p~r.
sons or organizations (including those who ar~ to furnish
the principul items of materials and equipment) to be sub-
mitted to OWN ER in advance of the specified date pril1r
to the EITc:ctive Date of the Agreement for acceptunce by
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OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWNER's or ENGlNEER's accept-
ance (either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance or objec-
tion in'the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute. the
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiver of any right of OWNER or ENGI-
NEER to reject defecti\'(! Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or.
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor. Supplier or other person or
organization. nor shaH 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. All Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agrecment
between CONTRActOR and the Subcontractor which spe-
cificaHy 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 n just share of any insurnnce moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to parngraphs 5.6 and 5.7.
. Patent Fees and Royalties:
6,12. CONTRACTOR shall pay tllllicense fees and roy-
alties and assume ull costs incident to the use in the perfor-
mance of the Work or the incorporation in the Work of any
invention. design. process. product or device which is the
subject of patent rights or copyrights held by others. lf a
purticular invention. design. process. product ur device is
specified in the Contract Documents for use in the perfor-
mance of the Work and if to the actual knowledge of OWN ER
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or ENGINEER its use is subject to patent rights or. copyrights
calling for the payment of any license fee or royalty to others,
the existence of such. rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmiess. OWNER and .ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims, dainages, losses and expenses (including
attorneys' fees and court and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the penonnance of the Work or resulting from the
incorporation in the Work of any invention, design, process,
product or device not specified in the Contract Documents.
and shall defend all such claims in connection with any alleged
infringement of such rights.
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PermiJs:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work,
which are applicable at the time of opening of Bids, or if there
are no Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work.. and OWNER shall pay all charges of
such lltility owners for capital costs related thereto such as
plant investment fees.
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LAW! and RtguJations:
6.14.1.. CONTRACTOR shall give all notices and
cornply with all Laws and Regulations applicable to fur-
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations. neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations.
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6.14.2. If CONTRACTOR observes that tbe Specifi-
cations or Drawings are at variance with any Laws or
. Regulations. CONTRACTOR shall give ENGINEER
prompt wrinen notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR perfonns any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations.. and without. such .notice to
ENGINEER. CONTRACTOR shall bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
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raze!:
6.15. CONTRACTOR shall pay all sales, consumer, use
and other similar taXes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
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place of the Project which are applicable during the perfor-
mance of the Work.
U,e ofpremues:
6.16. CONTRACTOR shall confine construction equi~
ment, the storage of materials arid equipment and theoper-
. 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. CONTRACI'OR 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. CONTRACI'OR 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, CONTRACI'OR
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 welI 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 property not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structure to be loaded in any manner that will endanger
the structure. nor shall CONTRACI'OR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Rlcord Documtnts:
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 cl8rifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struc:tion. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available to ENGINEER for reference. Upon com-
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pletion of the Work. these record documents. .samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
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Safety and Protection:
6.20. CONTRACTOR-shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
. take all necessary precautions for the safety of. and shall
provide the necessary protection to prevent damage. injury
or loss to:
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6.20.1. all employees on the Work and other persons
and organizations who may be affected thereby:
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6.20.2. all the Work and materials and equipment to
be incorporated therein. whether in storage on or off the
site: and
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.6.20.3. other property at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pavements. road-
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
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CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety .of persons or property or to protect them from damage.
injury or loss: and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners when prosecutIon of the Work
may affect them. and shall cooperate with them in the pro-
tection. removal. relocation and replacement of their prop-
erty. All damage. injury or loss to any property referred to
in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly.
in whole or in part. by CONTRACTOR. any Subcontractor. .
Supplier or any other person or organization directly or indi.
rectly employed by any of them to perform or fumish 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 imii-
rectly. in whole or in part. to the fault or negligence ofCON~
TRACTOR). CONTRACTOR's duties and responsibilities
for the safety and protection of the Work shall continue until
such time as all the Work is completed and ENGINEER has
issued a notice to OWN ER and CONTRACTOR in accord-
ance with paragraph 14.13 that the Work is acceptable (except
as otherwise expressly provided in connection with Substan-
tial Completion!.
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6.: 1. CONTRACTOR shall designate a respl1nsible rep-
resentative at the site whose uuty shall be the prc:\'ention 1..1f
accidents. Thi~ person shall be CONTRACTOR's superin-
tendent unless otherwise designated in writing by CON-
TRACTOR to OWNER.
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Emergencies:
6.22. In emergencies affecting the safety or.protliction of
persons or the Work or property at the site or adjacent thereto.
CONTRACfOR. without sp'ecial instruction or authorization
from ENGINEER or OWNER. is obligated to act to prevent
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice ifCONTRACfqR 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 parae.
graph 2.9). 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.
6.14. CONTR.-\CTOR shall also submit to ENGINEER
for review and approval with such promptness as to cause
no delay in Work. all samples required by the Contract Doc-
uments. All samples will hove been checked by and accom- .
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. S4Pplier.
pertinent data such as catalog numbers and the use for which
intended.
6.25.1. Before submission of each Shop Drawing or
sample CONTRACTOR shall hnve determined and veri-
fied all quantities. dimensions. specified performance cri-
teria. installation requirements. materials. catalog num-
bers and similar datn with respect thereto and reviewed
or coordinated each Shop Drawing or sl1mple with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents.
. 6.25.2. At the time of each submission. <;:ONTRAC-
TOR shall give ENGIN EER specific written notice of each
variation that the Shop Drawings or samples may have
from the requirements 1..1f the Contract Documents. and.
in addition. shull cause :1 specific notation to be made on
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each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
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6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and samples. but .ENOl- .,
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance
with the information given m 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 subminals.
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6.21. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required. by paragraph 6.25.2 and
ENGINEER has given written approval of each such varia-
tion by a specific written 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 6.25.1.
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6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
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Continuing /ht 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.S or as CONTRACTOR and
OWNER may otherwise' agree in writing.
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6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants, agents and
employees from and against all claims, damages, losses and
expenses. direct. indirect or consequential (including but not
limited to fees and charges of engineers, architects. attorneys
and other professionals and court and arbitration costs) aris-
ing out of or resulting from the performance of the Work,
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provided.that any such claim. damage. loss or expense (a) is
attributable to bodily injury. sickness. disease or death. orto
injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting therefrom and
(b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR. any Subcontractor. any person
or organization directly orindirectly employed by any of them
to perform or furnish any of the Work or anyone for whose.
acts any of them may be liable. regardless of whether or not
it is caused in part by a party indemnified hereunder or arises.
by or is imposed by Law and Regulations regardless of the
negligence of any such party.
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants, agents or employees. by
any employee of CONTRACTOR, any Subcontractor. any
person or organization directly or indirectly employed by any
of them to perform or furnish any ofthe 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.
ARTICLE7-OTHERWORK
RtlDud Work at Sue:
7.1. OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces. bave other work
performed by utility owners or let other direct contracts therefor
which shall contain Genera! Conditions similar to these. If
the fact that such other work is to be performed was not noted.
in the Contract Documents, written notice thereof will be
given to CONTRACTOR prior to starting any such other.
work; and, if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to agree
as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles 1 I and 12.
7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER, if OWNER is performing the additional 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, fitting and patching of
the Work that may be required to make its several parts come
together properly and integrate with such other work. CON-
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TRACTOR shall not endanger any work of others by 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 coinparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWN ER and such utility owners and other contractors,
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7.3. lf any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner (or OWNER). CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work.
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Coordination:
7.4. If OWNER contracts with others for the perfor-
mance of other work on the Project at the site. the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions.
and the specific matters to be covered by such authority and
responsibility will be itemized, and the extent of such author-
ity and responsibilities will be provided. in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions. neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination.
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ARTICLE S-QWNER'S RESPONSIBILITIES
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8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
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8.::!. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of the former
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
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8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs 14.4 and 14.13,
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8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.1 and 4.4. Para-
graph 4.::! refers to OWNER's identifying and making avail-
able to CONTRACTOR copies of reports of explorations and
tests of subsun<lce conditions at the site and in existing struc-
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tureswhich have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
.in paragraphs 5.5 through 5.8.
8.6: OWNER is obligated to execute Change. Orders as
indicated in paragraph lOA. .
8.7. . OWNER's responsibility in respect of certain
inspections. tests and <lpprovals is set forth 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-ENGlNEER'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9.\. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGlN E ER as OWNER' s
representative during construction are set forth in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
Visits to Site:
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 d.:ter-
mine. in general. if the Work is proceeding in accordance
with the Contract Documents. ENGINEER. will not be required
to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. ENGlNEER's .:ffons
will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform to the
Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNERinfonned of the prog.
ress of the Work and will endeavor to guard OWNER against
defects and deficiencies in the Work.
Project Representation:
9.3. If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties, responsibilities and limitations of authority of any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions.. If OWNER
designates another agent to represent OWNER at the site
who is not ENGINEER's agent or employee. the duties.
responsibilities. and limitations of authority of such other
person will be as provided in the Supplementary Conditions.
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ClarificaJioru arui Iflln71ntalions:
9.4. ENGINEER will issue with reasonable promptness.
such written clarifications or interpretations of the require-
ments of 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 Documents. If CONTRACTOR
believes that a written 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 Article 11 or Article 12. .
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Authoriud VaritJJions in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
. Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER. and also on
CONTRACTOR who shall perform the Work involved.
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the Contract Tirne and the parties are unable to agree as to
the amount or extent thereof, CONTRACTOR may make a
claim therefor as provided in Anicle 11 or 12.
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Rejecting Def~cti.lI~ Work:
9.6. ENGINEER will have authority to disapprove or
rejcct Work which ENGINEER believes to be defecrive. and
will also have authority to require special inspection ortestiDg
of the Work as provided in paragraph 13.9. whether or not
the Work is fabricated, installed or completed.
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Shop Drawings, CJuurge Orden and Payments:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples. see paragraphs 6.23 through
6.29 inclusivc.
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9.8. In conncction with ENGINEER's responsibilities as
to Change Orders. see Anieles 10. 1 I and 12.
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9.9. In conncction with ENGINEER's responsibilities in
respect of Applications for Payment. etc.. see Article 14.
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Determinations for Un" Price!:
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on such matters .
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwisc). ENGI-
NEER's written decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless. within ten days
aftcr the date of any such decision. either OWNER or CON-
TRACTOR delivers to the other party to the Agreement and
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to ENGINEER written notice of intention to appeal from
such a decision. .
DerisiOns on DiJpuus:
9.11.. ENGINEER will be the initial inteIllreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims, disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
claims under Anic1es 11 and 12 in rcspect 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 reasonablc time. Written notice of
each such claim, dispute and other maner W\1l be delivered
by the claimant to ENGINEER and the other party to the
Agreement promptly (but in no event later than thirty days)
after the occurrence of the event giving rise thereto, and
written supporting data will be submitted to ENGINEER and
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to asccrtain
more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, ENGINEER will Dot 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 othcr matter (except any which
have been waivcd 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.
Umiuzlioru on ENGINEER's R~J[1onsibi1iti.t1s:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith either to exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor, any Supplier. or any other person or organization
performing any of the Work. or to any surety for any of them.
9.14. . Whenever in thc Contract Documents the terms "as
ordered", "as directed". "as required", "as allowed". "as
approved" or terms of like effect or import are used. or the
adjectives "reasonable", "suitable". "acceptable". "proper"
or "satisfactory" or adjectives of like effect or impon are
used to describe a requirement. direction. review or judgment
of ENGINEER as to the Work. it is intended tlult such
requirement, direction. review or judgment wiD 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 shaH not be
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effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary
to the prov.isions of paragraph 9.15 or 9.16.
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9.15. ENGINEER will not be responsible for CON-
TRACTOR's means. methods. techniques. sequences or pro-
cedures of construction, or the safety precautions and pro~ ,
grams incident thereto. and ENGINEER will not be respon-
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
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9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor. any
Supplier. or of any other person or organization performing
or furnishing any of the Work,
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ARTICLE IO-CHANGES IN THE WORK
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10.1. Without invalidating the Agreement and without notice
to any surety. OWNER may. at any time or from time to
time. order additions. deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
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10.2. If OWNER and CONTRACTOR are unable to agree.
as to the extent. if any. of an increase or decrease in the .
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of n Work Directive
Change. a claim may be made therefor as provided in Article
11 or Article 11.
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10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended. modified and supple-
mented as provided in paragraphs 3.4 and 3.5. except in the.
case of an emergency as provided in paragraph 6.12 and
except in the case of uncovering Work as provided in para-
graph 13.9.
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1004. OWN ER and CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendments) covering:
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10.40.1. changes in the Work which are ordered by
OWNER pursuant to paragraph 10.1. are. required because
of acceptance of deff('ti\'/! Work under paragraph 13.1~ or
correcting dl!fecti\'l! Work under paragraph 13.14. or an:
agreed to by the partic:s:
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10.4.2. changes in the Contract Price or Contract Time
which are agreed to by the parties: and
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10.4.3. changes in the Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph..9.11:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations, but during any such appeal. CON-
TRACTOR shall carry on the Work and adhere to'tlle prog-
res; schedule as provided in paragraph ~.29.
10.5.. If notice of any change affecting the general scope
.of the Work or the provisions of the Contract Documents
(including, but not limited to. Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notice will be CONTRAC-
TOR's responsibility. and the amount of each applicable Bond
will be adjusted accordingly. .
ARTICLE ll-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 undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjusunent in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise a2ree on the .amount involved. No claim
for an adjustment i~ the Contract Price will be valid if not
submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Contract
Price shall be determined in one of the following ways:
,11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents. by.applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1. through
11.9.3. inclusive), .
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11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not.
necessarily in accbrdance with paragraph 11,6.2.1).
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11.3.3. On the basis of the Cost of the Work (deter- .
mined as. provided in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
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Cost of the Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper perfonnance of the Worle. Except as otherwise
may be agreed to in writing by OWNER, such costs shall be
in amounts no higher than those prevailing in the locality of
the Project. shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
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11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll costs
shall include. but not be limited to, salaries and wages
plus the cost of fringe benefits which shall include social
security contributions, 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
petforming Work after regular working hours, on Satur-
day. Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
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11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work. including costs of trans-
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 rnay be obtained.
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11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors.
If required by OWNER, CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine. with the advice of ENGINEER. which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee; the Subcontractor's Cost of the Work
shall be detennined in the same manner as CONTRAC-
TOR's Cost of the Work. All subcontracts ~hall be subject
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to the other provisions of the Contract Documents insofar
as applicable.
11.4.4, Costs of special consultants (including but not
limited to'engineers. architects. testing laboratories. sur-
veyors, attorneys and accountants) ernployed for services
specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5;1. The proportion of necessary transporta-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.2. Cost. including transportation and main-
tenance. of all materials. supplies. equipment. machin-
ery, appliances, office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the perfonnance ofthe Work. and cost
. less market value of such items used but not consumed
which remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER, and the costs of transportation, loading,
unloading, installation. dismantling and removal
thereof-all in accordance with 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 otherthan 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 property insurance established
by OWNER in accordance with paragraph 5.9), pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor. or
anyone directly or indirectly employed by any of them
!)r for whose acts any of them may be liable. Such
losses shall include settlements made with the '!Yrinen
consent and approval of OWNER. No such losses,
damages and. expenses shall be included in the Cost of
the Work for the purpose of determining CONTRAC-
TOR's Fee. If. however. any such loss or damage
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requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for
services a fe~ proponionate to that stated in paragraph
11.6.2.
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11.4~5.7. The. cost of utilities. fuel and sanitary
facilities at the site..
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11.4.5.8. Minor expenses such its t~l~grari1s. long
distance telephone calls. telephone service at the site.
e:<pressage and similar petty cash items in connection
with the Work.
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11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for propeny insurance CQverage within
the limits of the deductible amounts ~stablished by
OWNER in accordance with paragraph 5.9.
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I \.5. The term Cost of the Work shall not include any of .
the following:
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11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers. executives.. principals lof panner-
ship and sole proprietorships). general managers. engi-
neers. architects. estimators. attorneys. auditors. accoun-
tants. purchasing and contracting agents. expeditors.
timekeepers. clerks and other personnel employed by
COl'lTRACTOR whether at the site or in CONTRAC-
TOR's principal or a branch office for general administra-
tion of the Work and not specifically included in the agreed
upon schedule of job classifications referred to in para-
graph 11.4.1 or specifically covered by paragraph 11.4.4-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
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11.5.2. Expenses (\f CONTRACTOR's principal and
branch offices other than CONTRACTOR's Qffice at the
site.
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11.5.3. Any part ofCONTRACTOR's capital expenses.
including interest on CONTRACTOR'S capital emplo~'ed
for the Work and charges against CONTR.,)"CTOR for
delinquent payments.
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11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub-
paragraph II A.5.9 above).
11.5.5. Costs due to the negligence of CONTRAC-
TOR. any Subcontrn~tor. or anyone directly or indirectly
employed by any of them or for whoc;e acts any of them
may be liable. !nd'.Iding but notlimiteJ to. the correction
of de/,.tr;', \~:ork. Jisposal llf materials or equipment
wrongly SU, ~/I H.. ~ "'aking goou any damage to prop-
erty.
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11.5.6. Other overhead or general expense costs of
any kind und the co~ts of any item not ~pecitically and
expressly induded in pamgraph 11.4.
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CONTRACTOR's Fee:
11.6. The CONTRACTOR's Fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
. I \.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 ponions of the Cost of the Work:
11.6.2: I. for costs incurred under paragraphs 11.4.1
and I I A.::!. the CONTRACTOR's Fee shall be fifteen
percent:
11.6.2.2. for costs incurred under paragraph 11.4.3.
the CONTRACTOR's Fee shall be five percent: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee. the maltimum 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 11.4.4. II A.5 and 1\.5:
I J .6.2.4. the amount of credit to be allowed by
CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of
. the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by an amount equal to ten percent of the
net decrease: and
I t.6.::!.5. when both additions and credits are
involved in anyone change. the adjustment in CON-
TRACTOR's Fee shall be computed on the basis ofthe
net. change in accordance with paragraphs 11.6.2.1
through 11.6.2.4. inclusive.
11:7. Whenevenhe cost of any Work is to be determined
pursuant to paragraph 11 A or 11.5. CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
11.8, It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be done
by such Subcontractors or Suppliers and for such sums within
the limit of the. allowances as may be acceptable to ENOl-
NEER. CONTRACTOR agrees that:
11.8.1. The allowances include the cost to 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.:!. CONTRACTOR's costs for unloading. and
handling. on the site. I~\bor. installation costs. overhead.
profit and other expenses contemplated for the allowances
have been included in the Contract Price and not in the
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allowances. No demand for additional payment on account.
of any thereof will be valid.
Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances. and the Contract Price shall be correspond-
ingly adjusted.
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Unit Pril:e Work:
11.9.1. Where the Contract Documents provide that
all or pan of the Work is to be Unit Price Work. initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price .
Work .times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10. .
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11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR '5 overhead and profit for each sep-
arately identified item.
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11.9.3. Where the quantity of any item of Unit Price
Work petformed 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 II if the parties are
unable to agree as to the amount of any such increase.
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ARTICLE 12-CHANGE OF CONTRACT TIME
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12.1. The Contract TlDle may only be changed by a Change
Order or a Wrinen Amendment. Any claim for an extension
or shortening of the Contract Time shall be based on wrinen
notice delivered by the party making the claim to the other
pany and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the genera! nature of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accom-
paiUed by the claimant's wrinen statement that the adjust-
ment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time
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shall be detennined by ENGINEER in accordance with para-
. graph 9.11 if OWN ER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment in the Contract T'lDle 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
Anicle 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers, architects,
anomeys and other professionals and c6un and arbitration
costs) for delay by either PartY,
ARTICLE 13-W ARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS:
CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Wamuuy and GlUlI'GIIle,:
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.
Accn.r to 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.
rem and Insp'ctions:
13.3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for all required inspections. tests or
approvals. .
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereoO to specifically
be inspected. tested or approved. CONTRACTOR shall
assume full responsibility therefor, pay all costs in connection
therewith and furnish ENGINEER the required certificates
of inspection. testing or approval. CONTRACTOR shall also
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be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN-
ER's or ENGINEER's acceptance of a Supplier of materials
or equipm~nt proposed to be incorporated in the Work. or of
materials or equipment submitted for approval prior to CON-
TRACTOR's pUrchase thereof for incorporation in the Work.
The cost of all inspections.. tests and approvals in addition to
the above which are required by the Contract Oocuments
shall be paid by OWNER (unless otherwisespecifiedl.
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13.5. All inspections. tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR (or by ENGINEER if so
specifiedl.
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13.6. If any Work (including the work of others) that is
to be inspected. tested or approved is covered without written
concurrence of ENGINEER. it mUSt. if requested by ENGI-
NEER. be uncovered for observation. Such uncovering shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice ofCONTRACTOR's inten-
tion to cover the same and ENGlNEER has not acted with
reasonable promptness in response to such notice.
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13.7. Neither observations by ENGINEER nor inspec-
tions. tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
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Uncovering Work:
13.8. Ifany Work is covered contrary to the written request
of ENGINEER. it must. if requested by ENGI::-.iEER. be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense.
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13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others, CONTRACTOR. at ENGINEER's
request. shall uncover. expo~e or otherwise make available
for observation. inspection or testin2 as ENGI~EER mav
require. that portion of the Work in question. furnishing ail
necessary labor. material and equipment. If it is found that
such Work is dele,.t;,'e. CONTRACTOR shall.be:u all direct.
indirect and consequential costs of such uncovering. expo-
sure. observation. inspection and testing and of satisfactory
reconstruction. (including but not limited to fees and charges
of engineers. architects. attorneys and other professionalsl.
and OWNER shall be entitled to an appropriate decrease in
the Cllntrnct Price. and. if the parties are unable to agree as
to the amount thereof. may make a claim thuefor as provided
in Article II. If. hllwe\'er. 5uch Wl.lrk is not fl'und to ~e
clef,'cti"". CO~TRA<:T()R shall be allowed un increase in
the Cuntr.1ct Pri..:\,; ,'1' .;1\ c\l~nsilln of the Contra.;t Time, l'r
bmh. Jirectly attril.1UI;lbl~ t\J such uncovering. exposure,
obse:rvation. inspection. testing and recllnstructk'n: and. if
the parties arc: unable tll agree: as 10 lhe: amount ~'r extc:nl
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thereof. CONTRACTOR may make a claim therefor as pro-
. vided in Articles II and 12.
Owner May Stop the Work: "
.13.10. . If the Work is defective, 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 part of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party. .
Correction or Removal of Defective Work:
. 13.11. If required by ENGINEER, CONTRACTOR shall
promptly. as directed. either correct all defectil'e Work.
whether or not fabricated. installed or completed. or, if the
Work has been rejected by ENGINEER. remove it from the .
site and replace it with 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-
scrib.ed 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 defectil'e. CONTRACTOR shall promptly.
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such defective Work. or.
if it has been rejected by OWNER. remove it from the site
and replace it with nondefective 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 deJ'ectil'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 start to run from an earlier date if
so provided in the Specifications or by Written Amendment.
Acceptance of Defective Work:
13.13. If. instead of requiring correction or removal and
replacement of dl!.f'l!ctil'l! Work. OWNER (and. . prior to
ENGIN EER's recommendation of final pl./.yment. also
ENGIN EER) prefers to accept it. OWN ER may do so. CON-
TRACTOR shall bear all Jirect. indirect and consequc:ntial
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costs attributable to OWNER's evaluation of and determi-
nation to accept such defective Work (such costs to be approved
by ENGINEER as to reaSonableness and to include but not
be limited to. fees and charges.of engineers. architects. anor-.
neys and other professionals).lfany such acceptance occurs
prior to ENGINEER's recommendation of final payment, Jl
Change Order will be issued incorporating the necessary revi-
sions in the Contract Documents with resPect to the Work;
and OWNER shall be entitled to an appropriate decrease in
the Contract Price, and, if the parties are unable to agree as
to the amount thereof, OWNER may make a claim therefor
as provided in Article II. If the acceptance occurs after such
recomrnendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
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OWNER May COrrtd D~/~ctiw Work:
13.14. If CONTRACTOR fails within a reasonable time
after wrinen 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
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action. OWNER
may exclude CONTRACTOR from all or part of the site, take
possession of all or part of the Work, and suspend CON-
TRACTOR's .services related thereto, take possession of
CONTRACTOR's tools. appliances, construction equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
tatives. agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct, indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Order will be issued incorporating the necessary revisions in
the Contract Documents with respect to the Work; and
OWNER shall be entitled to an appropriate decrease in the
Contract Price. and. if the' parties are unable to agree as to
the amount thereof. OWNER may make a claim therefor as
provided in Anicle 11. Such direct. indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers, architects; attorneys and other professionals,
all coun and arbitration costs and all costs of repair and
replacement of work. of others destroyed or damaged by
correction, removal or replacement of CONTRACfOR's
defective Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in per-
formance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
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ARTICLE1~PAYMENTSTOCONTRACTORAND
COMPLETION
Scluduk a/Values:
. 14.1.. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for Pay-
mentacceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
. units completed. .
Application for Progress Paymem:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACfOR shall submit to ENGINEER for review an Appli-
cation for Payment fiUed out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested
on the basis of materials and equipment not incorporated in
the Work but delivered and suitably stored at the site or at
another location agreed to in writing, the Application for
Payment shall also be accompanied by a bill of sale. invoice
or other documentation warranting that OWNER has received .
the materials and equipment free and clear ofat! liens, charges,
security interests and encumbrances (which are hereinafter
in these General Conditions referred to as "Liens") and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein, all of which wiU be sat-
isfactory to OWNER. The amount of retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty ofTiJh:
14.3. CONTRACTOR warrants and guarantees that title
to all Work. materials and equipment covered by any Appli-
cation for Payment. whether incorporated in the Project or
not, will pass to OWNER no later than the time of payment
free and clear of all Liens.
Repuw of Appliaztions for hagnss Paynunr:
14.4. ENGINEER will, within ten days after receipt of
eacb Application for Payment. either indicate in writing a
recommendation of payment and present the Application to
OWNER. or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case, CONTRACTOR may.
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recornmendation, the amount rec-
ommended will (subject to the provisions of the last sentence
of panigraph 14.7) become due and when due will be ~id by
OWNER to CONTRACfOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constiWte a
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representation by ENGIN EER to OWN ER. based on ENGI-
NEER's on-site observations of the Work in progress as an
experienced and qualified .design professional and on ENGI-
NEER'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 Co.ntract 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 ENGlNEER
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 specifically assigne~ to ENGlNEER in the
Contract Documents or that there may not be other matters
or issues between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
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14.6, 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
14.13 have been fulfilled.
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14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGlNEER's opinion. it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment. or. because of subsequently discovered evidence or
the results of subsequent inspections or tests, nullify any such
payment previously recommended. to such extent as may be
necessary in ENGlNEER's opinion to protect OWNER from
loss because:
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1~,7.1. the Work is defecti\'e. or completed Work has
been damage? requiring correction or replacement.
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ten Amendment or Change Order.
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14.7.3. OWNER has been required to correct defec.
ti,'/! Work or complete Work in accordance with paragraph .
13.14. or
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1~.7.4. of ENGINEER's actual knowledge of the
occurrence of any of the events enumerated in paragraphs
15.1.1 through 15.1.9 inclusive.
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OWNER may refuse to make payment of the full amount
recommended by ENGlNEER because claims have been
made against OWNER on account of CONTRACTOR's per-
formance or furnishing of the Work or Liens have been filed
in connection with the Work or there are other items entitling
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OWN ER 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.
Substantial 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 ENGIN EER 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
cons.iders the Work substantially complete. ENGINEER will
within said founeen 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 OWN ER. At the time of delivery
of the tentative certificate of Substar:tial Completion ENGI-
NEER will deliverto 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 Substantial Completion. ENGINEER's afore-
said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion. but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative list.
Partwl Utilization:
14.10. Use by OWNER of any finished part of the Work.
which has specificully been identified in the Contract DOl:u-
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ments, or which OWNER, ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part of the Work th~t can be useO by OWNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work, 'may be accomplished prior to
Substantial Completion of all the Work subject.to the follow-
ing:
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14.10.1.. OWNER at any. time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its. intended use and substantially complete.. If CON-
TRACTOR agrees. CONTRACTOR will certify to OWNER
and ENGINEER that said part ofthe Work is subStantially
complete and request ENGINEER to issue a cenificate of .
Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable time after either such request. OWNER,
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its s,atus of
completion. If ENGINEER does not consider that part of
the Work to be substantially complete. ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of the
Work to be substantially complete, the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
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14.10.2. OWNER may at any time request CON-
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there.
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together 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-
ance. warranties and guarantees for that part of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such part of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to
complete other related Work.
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14.10.3. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect. of property
insurance.
FiruU Inspection:
14.11. Upon written notice from CONTRACTOR that the
. entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
FiruU ApplU:aJion for Paymelll.:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instructions. schedules, guaran-
tees, Bonds, certificates of inspection. marked-up reco~
documents (as provided in paragraph 6.19) and other docu-
ments-all as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16). CONTRAcrOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract Documents. together with complete and legally
. effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Work. In
lieu thereof and as approved by OWNER. CONTRACTOR
may furnish receipts or releases in full: an affidavit of CON-
TRACTOR that the releases and receipts include all labor,
services. material and equipment for which a Lien could be
. filed. and that all payrolls. material and equipment bills, and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be respon-
sible. have been paid or otherwise satisfied: and consent of
the surety, if any. to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
FiruU Payment and Acceptance:
14.13. If. on the basis of ENGINEER's observation of
- the Work during construction and final inspection. and
ENGINEER's review of the final Application for Payment
and accompanying documentation-a.ll as required by the
Contract pocuments. ENGINEER is satisfied that the Work
has be~n completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled, ENGI-
NEER will. within ten days after receipt of the final Appli-
cation for Payment, indicate in writing ENGINEER's rec-
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of paragraph 14.16.
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Otherwise. ENGINEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final payment. in which. case CONTRACTOR.
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 ENGIN EER will become due and will be paid by OWNER
to CONTRACTOR.
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14.14. If. through no fault of CONTRACfOR, 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 g\lv-
eming final payment, eltcept that it shall not constitute a
waiver of claims.
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Contractors 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 ENGIN EER. nor the issuance of a cer-
tificate of Substantial Completion. nor any payment by
OWNER to CONTRACTOR under the Contract Documents.
nor any use or occupancy of the Work or any part thereof by
OWNER. nor any act of acceptance by OWNER nor any
failure (0 do so. nor any review llnd 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 defecth'e Work by OWNER will con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACfOR's obli-
gation to perform the Work in accordance with the Contract
Documents (except as provided in paragraph 14.161.
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Waiver o/Claims:
1~.16. The making and acceptance of final payment will
constitute:
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1~.16.1. a waiver of all claims by. OWNER against
CO~TRACTOR. !:xcept claims arising from unseltl!:d
Li!:ns. from deject;\'(. Work appearing after tinul insp!:c-
tion pursuant to pur.\graph 14.11 or from failure to comply
with the C ontmct Documents or the termli of any speciul
gu~m\ntees specified therein: however. it will nl)t consti-
tute u waiver hy OWNER of any rights in r!:spl:ct llf
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CONTRACTOR's continuing obligations under the Con-
tract Documents: and
14.16.2. a waiver of. all claims by CONTRACfOR
against OWNER other than those previ~usly made in writ-
ing and still unsettled.
ARTICLE 15-SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
15.1. OWNER may. at any time and without cause, sus-
pend the Work or any portion.thereoffor a period of not more
than ninety days by notice in writing to CONTRACfOR and.
ENGINEER which will fix the date on which Work will be .
resumed. CONTRACfOR shall resume the Work on the date
so fixed. CONTRACfOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time. or both,
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles 11
and 12.
Owner May Terminale:
15.2.. Upon the occurrence of anyone or more of the
following events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title 11. 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. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing. or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
. effect at the time relating to bankruptcy 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 pU'1'ose
of general administration of such propeny for the benefit
of CONTRACTOR's creditors:
, 15.:!.5. if CONTRACTOR admits in writil)g an inabil-
ity to pay its debts generally as they become due:
15.2.6. if CONTRACTOR persistently fails to perform
the Work in accordanc~ with the Contract Documents
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(including. but not limited to. failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to. the projp-ess schedule established under
paragraph 2.9 as revised fr~.m time to time);
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15.2.7. if CONTRACTOR disregards Laws or Regu-
lations o(any public body having jurisdiction:
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
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15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments;
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OWNER may, after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations, terminate the services
of CONTRACTOR, exclude CONTRACTOR from the site
and take possession of the Work and of all CONTRACTOR's
tools. appliances. construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass orconversionl. incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere, and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct. indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers. architects, attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance, CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work performed.
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15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
. not release CONTRACTOR from liability.
15.4. Upon seven days' wrinen notice to CONTRAC-
TOR and ENGINEER. OWNER may. without cause and
without prejudice to any other right or remedy, elect to aban-
don the Work and terminate the Agreement. In such case,
CONTRACTOR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses. which
will include, but not be limited to. direct. indirect and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects. attorneys and other professionals
and court and arbitration costs).
Contractor May Stop Work or Terminate:
15.5. If, through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public authority,
or ENGINEER fails to act on any Application for Payment
within thirty days after it is submitted, or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due. then CONTRACTOR may. upon seven
days' wrinen notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement, if ENGINEER has failed to act on an Appli-
cation for Payment or OWNER has failed to make any pay-
ment as aforesaid, CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
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ARTICLE 16--ARBITRATION
16.1 All claims, disputes and other matters in question between
OWNER and GONTRACTOR 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.,
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ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. ~enever 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.
CompUkltion o/TIme:
17.2.1. When any period of time is referred to in the
Contract Documents by days, it will be computed to exclude
the first and include the last day of such period. If the last
day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable
jurisdiction. such day will be omitted from the computa-
tion.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error, omis-
sion or act of the other party or of any of the other party's
employees or agents or others for whose acts the other party
is legally liable, claim will be made in writing to the other
party within a reasonable time of the first observance of such
injury or damage. The provisions of this paragraph 17.3 shall
notbe 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, 13.1, 13.12. 13.14,
14.3 and 15.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder, are in addition to.
and are not to be construed in any way as a limitation of. any
rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations, by
special warranty or guarantee or by other provisions of the
Contract Documents, and the provisions of this pamgraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty, obliga-
tion, right and remedy to which they apply. All representa-
tions, warranties and guarantees made in the Contract Doc-
uments will survive final payment and termination or com-
pletion of the Agreement.
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SUPPLEMENTARY CONDITIONS
1.1 OWNER'S LIABILITY & PROPERTY INSURANCE:
Section 5.5, 5.6, 5,7, 5.8, 5.9, 5.10 of the General
. Conditions shall be amended as follows:
No additional liability or property insurance will be purchased by Augusta-
Richmond Country for this proj ect.
Current insurance coverages will remain in effect for the life of this Contract.
1.2 CONTRACTOR'S LIABILITY:
.As indicated under Section 5.3 of the General Conditions, the Contractor's
Liability Insurance shall be in an amount not less than $200,000 for injuries,
including accidental death, to anyone person, and subject to the same limit for
each person, in an amount not less than $500,000 on account of one accident, and
Contractor's Property Damage Insurance in an amount not less than $100,000 for
all property damage sustained by anyone person in anyone accident; and a limit
of liability of not less than $200,000 for any such damage sustained by two or
more persons in anyone accident.
The contractor shall either (1) require each of his subcontractors to procure
and to maintain during the life of his subcontract, Subcontractor's Liability and
Property Damage Insurance of the type and in the same amounts as specified in
the preceding paragraph, or (2) insure the activities of his subcontractors in his
own policy.
1.3 SPECIAL HAZARDS:
The contractor's and his Subcontractor's Liability and Property Damage
Insurance shall provide adequate protection against the following special hazards:
(a) Work within the right-of-ways of the Augusta-Richmond County
Road System.
(b ) Work within easements granted by property
Owners in connection with the construction of the project.
( c) Work in close proximity to existing water lines, telephone lines,
gas lines, other utilities and private structures contiguous
to the job site
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1.4 TESTING LABORATORY:
. All testing and laboratory work in connection therewith shall be performed
by an indePendent firm and paid for by the contractor. Copies of all test reports
shall be forwarded to Augusta-Richmond County Public Works. There will be no
separate payment for this work.
1.5. SURVEYS:
The Contractor will provide surveying for construction staking, horizontal
control and vertical control as necessary.
1.6 PROGRESS PAYMENT:
Section 14.2 of the General Conditions shall be amended as
follows:.
The Contractor may submit monthly estimate for work
Completed and materials properly stored as approved
By the Engineer. When an estimate includes
materials stored, a bill of sale, invoice or other
documentation warranting that the Owner
is receiving the material free and clear of all liens,
charges, security interest and of all liens, charges,
security interest and other encumbrances shall be
attached to the payment request.
1.7 ENGINEER:
All references to "Engineer" shall be interpreted to mean the Augusta
Richmond County Public Works Director, or his official designee.
1.8 UNDERGROUND UTILITIES: (References 4.3,1.4,3.2)
The Contractor shall coordinate with all utility companies through the
"One Call" method or other appropriate steps to locate and avoid damage to all
utilities that may affect or be affected by the Contractor's work.
1.9 SAFETY: (Reference 6.20)
The Contractor shall use certified flagmen, barricades and signs as
necessary to notify the public, in particular, those persons driving in the vicinity
of the proj ect, of the construction and its affect on traffic.
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SECTION P
PROPOSAL
Date: Ju~e.- 7
I ZOo Z-
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Gentlemen:
In compliance with your invitation for bids dated , 2002, the
undersigned hereby proposed to furnish all labor, equipment, and materials, and to
perform all work for the drainage and roadway improvements referred to herein
as:
LANEY WAlKER BOUlEV.'\RD STREET AND LIGHTThTG
llvIPR0 VElviENTS
&
LAN"EY WALKER BOUlEV_'\RD STORM SEVv"ER
llvIPR 0 v"E1viENT P LA.."l\i
NOTE: ALL BIDDERS :MUST BID ON BOTH ALTERNATES.
In strict accordance with the Contract Documents and in consideration of the
amounts shown on the Bid Schedules attached hereto and totaling:
Alternate "A": I
Tw . I.' >ix ~uso.-..d ~1"ve/...rJ e9A5
~f") ~~ Dollars ( $' :;rt;? 5. Z, )
_ OR e-{I.rfr HuIJi:>fL.e;.-rJ .,A-7J C> t'''> HI
Alternate "B": Five: ...., "3 5 ~~
Two M dl,~ -h~h"AI~~ ~ ~\J~ ~ \' ~ u~.- 6#d() yrr
Dollars ($ z.., '5'0~, ~ 5" ) 2, 5"oSJSc8. 35
The undersigned hereby agrees that, upon 'Nritten 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 he
work within -lQ calendar days after the .date of wrinen notice to proceed, and that
he will complete the work within 325 calendar days in accordance with Alternate
"A~' or within 355 calendar days in accordance with Alternate "B".
The undersi!!Iled acknowled2:es receipt of the following addenda:
~J 5/Z'3~Z/ #2: 5;ej./Oz. / -#3 5/36/~2: -
Respectfully subrniRed: J ~
Mo.b\)~ &05. Ca'r.ST. u,.,J nc.. .
(Name of Finn) '-+-
~2'O M. 0 ~ Po,vJ el A/j vSleA I G.4 305 0 /
(Business. dress) ') I
BY:.~
Title: Pres lk f-
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l2~2 LANEY WALKER BOULEVARD RECONSTRUCTION
I AND
LANEY WAlKER BOULEVARD STORM SEWER IMPROVEMENT PLAN
PROJECT NUMBER: 326-04-288811018
.1 AL TERNA TE liS"
I UNIFORMED OFF-DUTY POUCE
111-1000 omCER W/4 BR. MIN. 1m 100 S 15.00 S 1.500.0D
I 150-1000 TRAmc CONTROL 1.5 Z5:6IIJO,ao ZG: oa().~(J
171-0010 'mMPORARY SIT. T FENCE.. TYPE A Z.tJQ 800.00
LF 400
I 171-0030 TE.\.fPORARY SIT. T FENCE. TYPE C LF 500 3,~O I.~,~
/~J/ 7 28, It)
207-0203 FOUND BKFlLL MAn.. TP U CY 4800
I 230-1000 LUMP SUM CONSTRUCIlON* LS /375~ /37. 535:7tJ
310-5100 GR AGGR BASE CRS. 10.. INo. MAn. SY 2040 c,. If, /Z.~,~
I 318-3000 AGGRSURFAC2 CRS TON 220 '3,56
RECYC:l.ED 12.5 MM SUPERPA VE. GP 2
402-0033 ONLY WITH LIME TON 2250
I RECYCLED ASPH CONe LEVEL.ING lNCI. 44.~~
402.1811 BITUM MAn.&. H LIME G? lOR 2 TN 2400
413-1000 BITIJM TAC".< COAT GL 3500 ,dO
I 432-5010 MIll ASPH CONC PVMT. V AR. DEPTH SY 29.600 Z,~6
I 441-0104 CONC SIDEWALL 4 lN SY 7900 It,()4-
441-0104A ASPHALT SIDEW ALX. 4 IN TON 25
I 441-4030 CONC V ALLEY Gt1TTER. 8 IN SY 3200
CONC CURB &. GUTI'ER. 6 IN X 30 IN, TP
441-6021 2 LF 13600
I 444-1000 I SA WED ITS IN EXIST P.C.c. PYMTS LF 1220
CLASS B CONe, BASE OR PVMT
500-9999 WIDENING cv 465
I 550-1120 STORM DRAIN PIPE. 12 IN. H 1-\0 RCP LF \50
550-1150 STORM DRAIN PIPE. 15 IN. HI-I 0 RCP LF 460
I 550-1180 STORM DRAIN PIPE. 18 IN. H 1-10 RCP LF 3600
550-1240 STORM DRAIN PIPE. 24 IN. H 1-10 RCP LF 1750
I 550-1300 STORM DRAIN PIPE. 30 IN. H 1-10 RCP LF 850
550-1360 STORM DRAIN PIPE. 36 IN. HI-I 0 RCP LF 1900
I 550-\420 STORM DRAIN PIPE. 42 IN. H 1-10 RCP LF 500
I 611-3000 RECONSTR CATCH BASIN. GROUP 1 EA 32
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LANEY WALKER BOUlEVARD RECONSTRUCTION
AND
LANEY WALKER BOULEVARD STORM SEWER IMPROVEMENT PLAN
PROJECT NUMBER: 325"'{)4-288811 018
ALTERNATEtlStl
.-. . . ..
;
. .. -. -
611-3010 RECONSiR DROP INLET. GROUP l EA 20 IZCO,oO I Z1:CtXJ.06
TRAFFIC SIGNAL INST ALL~ TION NO. 1 l/e;;'47.~I/~ r47,X;
647-1000 COMPI.E'l'E LUMl' SUM ]
TRAFFIC SIGNAL INSTALL\TION NO.2 72, -$1ao 7Z,5e;9,tf'l)
647-1000 COMPI.ETI:: LUMP SUM I
TRAFFIC SIGNAL INSTALL\nON NO.3 17z, 471-.bJ .!
647-1000 COMPI..En: LUMP SUM I 7~41{"~
1VEIC SIGNAL INSTAl.LATION NC'A LUMP SUMI ~~'7tOl M.Sc,Z~O
647-1000 COMPLETE 1
TRAFFIC SIGNAL INSTALL\TION NO.5 LUMP SUM I [; '7,~~~OjI8 ~ ~~ ~,cfD
647-1000 COMPL..cn: 1
THERMOPLAS. PVMT MARKING, I u6:"LJO I 1~5:{)8
653~120 ARROW. TP 2 EA 23
THERMOPLAS. SOLID l'RAF S11UPE, 5 O. Z5"' I I'?Z,~u
653- ISOl IN. WHlTE Ll: 770
THERMOPLAS. SOLID TRAF S11UPE. 5 I (),25 ~1(2.CO
653-1502 IN. YELLOW L" 12450
THERMOPLAS. SOLID TRAP STRIPE. 24 I I I 4.ao I 304c;, C{)
653-1704 IN. WHITE LF 760
THERMOPLAS. SOLID TRAP STRlPE. 10 I I I I :3 (pft:o,CJD
653-1810 IN. wmn: LF 1830 Z,t/O
653-3501 :OPLAS.. SKIP TR.Af STRIPE. 5 IN. I GL" I 10400 I D,~ I ioeo.tJt;
THERMOPLASTIC TRAF STRlPn'm. I I I 3,0'0 I ::;0, CJZ)
653~}()04 WRI'IE SY 30
THERMOPLASTlC TRAF S7RlPING. I I ~;3&,D. 6!)
653-6006 YEU.OW SY 1120 g,OO
654-\001 RAlSED PYMT MARKERS. TP I YEllOW EA 140 I 4:00 I ~&,~,~ I
6S.L.I 002 RAlSED PVMT MARICERS. TP 2 CI.EA.R. EA I 140 4:06 I 6?dJ, tJ7)
660-1)006 SAN. SEWER PD'E.. 6 IN. P'IC I L" I 250 I Z~.5f 15~5Z.5D I
66O~812 SAN SE'NE.~ PIPE. 12 IN. Dl.:CTIl.2 mON LF .,,, 4(),8e, I ~OZ./. 57J
668-1100 CA Tar BASIN. GP ] I EA J* 16l(/~ I 78,0(1).67)
I I I , I
.... -.. --. - .- . --. . - .. -- - . - ~/f Z It.
000-1110
CAH..Cl ;:JA,)IN. Ur' l. .-.lJCI. ....c?Tn
I DROP INLET. GP I
I STORM SEW MANHOLE. TP I
I STORM SEW .\oiAi'ffiOLE. TPI. :\DOL
DEPTH. CLI
STORM SEW MANHOLE, TPl. ADDL
DEPTH. Cl..2
1..:
668-2100
EA
668-4300
EA
668-4] I I
LF
668-4312
LF
668-4400
STORM SEW ~OLE. 7P 2
EA
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50
':0
15
5
1~2
LANEY WALKER BOULEVARD RECONSTRUCTION
AND
LANEY WALKER BOULEVARD STORM SEWER IMPROVEMENT PLAN
PROJECT NUMBER: 326-04-288811018
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ALTERNATE"SII
668-5000 JUNCTION BOX EA 3
668-7012 DRAIN INLET. 12 IN EA 6
670-1060 WATERMArN.6lN.. LF 245
670-1080 WATER MAIN. 3 IN.. LF 245
670-2060 GATE VALVE. 6 IN.. EA 6
670-2080 GATE VALVE. SIN.. EA 5 70, ,00
670-5010 WATER SERVICE LINE. 1 IN-. LF 310
RELOCATE EXIST WATER ME1'ER. INo.
6i0-9730 BOX-. EA 8
700-9100 BLOCK SOD (Bermuda) SY 6800
XXX-XXX STREET LIGHTING - COMPLETE ... LS
LAGER STROEMIA INDICA
702-0536 "MUSKOGEE" .... E.'\. 152
ACER. BEURGERANUM 'ABTIR'TRIDENT
702-0007 . MAPLE .... EA 68
CONTRACT TOTAL
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04/03/02 LANEY WALKER BOULEVARD STREET AND LIGHTING
IIVIPROVEMENTS
AND
LANEY WALKER BOULEVARD STORM SEWER
INIPROVElVIENT PLAN
PROJECT NUMBER: 326-04-288811018
A.LTERNATE "B"
* NOTE: ALL WORK NOT SPECmCALL Y PAID AS SEP }\RA TE PAY ITEM OR .
OTIIERWISE DEFINED FOR PA Y1vfENT SHALL BE INCLUDED IN LUMP
SUlYI CONSTRUCTION ITEM NO. 230-1000.
** NOTE: TIIE ESTIMATED QUANTIES FOR WATER SYSTEM MA TERlALS _.<\RE
FOR TIIE RELOCA nON OF EXISTING WATER SYSTEM \VHEN IN
CONFLICT WITH TIIE STORM SEWER ThfllRO\IEJ.\1ENTS.
*** NOTE: POLES AND FIXTURES WTI.L BE PROVIDED BY AUGUSTA - RICHMOND
COUNTY lJNASSElYiBLED.
****NOTE: nEE PRICE SHALL INCLUDE BRICK BORDER.
SEE PLAN SHEET lAB FOR ALTERNATE "B" ADDITIONS.
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Revised 8/06/01
. GENERAL NOTES
. .
ADJUSTING :MINOR STRUCTURES TO GRADE:
This item consists of raising or lowering the upper portion of existing manholes,
water valve boxes, gas valve boxes or any other miscellaneous structures within the
area of construction. .There will be no separate payment for this work unless shown
. as a separate pay item.
AGGREGATE SURFACE COURSE: .
The item aggregate surface course is for use in inclement weather to facilitate the
movement of local traffic along roadway construction and to permit ingress. and
egress at drives. When used for this purpose, Section 318, Georgia Standard
Specifications, is modified to pennit 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 complete, legible set of "as-built" plans, in good
condition, to the Project Inspector prior to 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. After the Project
Inspector approves and signs the redlined plans, a qualified engineering firm, selected.
by the contractor, shall make arrangements to obtain the original approved plans from
the Public Works & Engineering Office. After originals have "as built" information
incoIporated, they shall be stamped and signed on the cover sheet by a registered
Professional Engineer and returned to the Project Inspector for final processing. The
Project Inspector shall sign the as-builts and place them in the permanent record files.
CASINGS:
All steel casings being installed across any roadway and/or right-of-way shall have
the joints continuously welded to obtain a watertight seal. The Contractor shall notify
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the Engineer when welds are ready for inspection. Welded casings backfilled without
the Engineer's approval shall be uncovered for inspection at the Engineer's request.
COIvIP ACTION:
All compaction shall be as defined in the current' edition of Georgia department of
Transportation Specifications. Special attention shall be given to the backfill of
minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.).
. Compaction shall be achieved using approved tamps and soil layers of approximately .
6. inches (loose measure) and in accordance with Georgia Department of
Transportation Standards 1030-D and 1401. Backfilling operations of this nature
shall not begin until the Contractor has on hand all equipment in good working
condition, and competent operators.
The backfilling of pipe and other minor structures shall be in accordance with
Georgia Department of Transportation Standard specifications, Current Edition.
Backfilling with sand using jetting and/or flooding will not be allowed in any case
without the written permission of the Engineer.
CONCRETE:
The Contractor shall have a slump cone on the proj ect at all times when concrete is
being placed. He shall, in the Engineer's presence, perform. slump tests as directed by
the Engineer. Tests shall be performed by qualified personnel with a properly
cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class
"A" concrete shall have a minimum of 611 lbs. Cement per cubic yard. Class "B"
concrete shall have a minimum of 470 1bs. Cement per cubic yard. Concrete not
meeting these requirements will be rejected by the Engineer.
CONSTRUCTION:
At locations where new pavement is to be placed adjacent to existing pavement
without an overlay or where curbing is to be placed across paved parking lots, a joint
shall be sawed on a line to ensure pavement removal to be neat. Only those joints
sawed in concrete pavement will be paid for under the pay item-Sawed Joints. . . Per
Linear Foot.
The Contractor shall provide borrow and/or waste pits for this project. All pits
acquired for use on this project shall be reclaimed in accordance with Section 160 of
the Standard Specifications. The Contractor's attention is directed to subsection
107.23 of the Specifications.
All storm. drain pipe, side drain pipe, pipe culvert wingwalls, steps, retaining walls,
curbs and gutters, headwalls, all types of pavement, wooden structures, except those
specifically shown as a removal pay item will be removed as Clearing and Grubbing,
Grading Complete, Grading Per Mile or Lump Sum Construction.
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All miscellaneous construction details shall be in accordance with Georgia Standard
9031-H.
CONSTRUCTION LAYOUT:
Construction layout work shall be performed by the Contractor. See Section 149 of
the Standard Specifications.
DESIGN ALTERATIONS:
The Commission-Council recognizes that various changes in design may be made as
the project progresses. Any requests for additional payment will be processed based
on actual work in place and the unit prices submitted as a part of this bid. Items not
covered in this bid shall be priced separately and no work shall be done on these
items until approved, in writing, by the Engineer.
DRIVEWAYS: .
The item aggregate surface course is for use as surface for unpaved drives arid 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 I or 2
Crushed Stone
Subsection 815.01
Subsection 800.01
Section 803
Subsection 806.02
All materials to be used as directed by the Engineer.
All driveways that are to be reconstructed shall be replaced in kind i.e., asphalt for
asphalt, concrete for concrete, and aggregate surface courses for earth. The driveway
locations indicated on the plans are from the best available data. The Contractor shall
obtain the approval of the Engineer prior to making any revisions such as to location,
width, and/or number of drives to be constructed where required. The drives shall be
paved as follows:
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Commercial
1 W' Asphaltic Concrete "E" (12.5 M:M)
3" Asphaltic Concrete Base (25 :MM)
.1 W' Asphaltic Concrete "En (12.5 MM)
2" Asphaltic Concrete ''B'' (19 MM)
3" Asphaltic Concrete Base (25:MM)
6" Valley Gutter
8" Valley Gutter
Asphalt Drives
Residential:
Concrete Drives
Residential
Commercial
Earth Drives
2" Aggregate Surface Course
(Spread on the surface and not mixed in).
Ingress and egress shall be maintained at all time to adjacent properties, unless
otherwise noted in the plans.
All valley gutter drives shall conform to Standard 6050 or 9031-J.
ENGINEER:
In all contract documents, specifications, supporting documents, etc., the term
''ENGlNEER'' means, and shall be deemed to mean, the Augusta-Richmond County
Public Works Director or his designated representative.
EROSION AND SEDIMENT CONTROL:
The Contractor shall be responsible for all soil erosion and sediment control practices.
All on-site erosion control shall comply with local Augusta Richmond County
erosion and sediment control ordinances. The cost of this work shall be included in
the cost of the proj ect unless shown as a separate pay item.
EXCESS MATERIAL:
All excess material is to be disposed of as directed by the Engineer or as noted in
Subsection 107.23 of the Specifications and in accordance with page PP A -1.
FENCE:
All new fences called for on the plans and/or contract documents shall meet the
requirements of Section 643 of the Georgia Department of Transportation Standard
Specifications, current edition. New fence not meeting these Specs will be rejected.
In contracts where remove and reset fence items are involved (either as 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 its installation. .
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In accordance with Subsection 643.03D, the Contractor must furnish positive locking
devices, padlocks and keys with all gate assemblies.
FINISIDNG 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 orari.ge vest,
shirt, or jacket, and shall use a Stop/slow paddle meeting the requirements of Section
6F-2 of the MUTCD for controlling traffic. The Stop/slow paddle shall have a shaft
length of seven (7) feet minimum. In addition to the stop/slow paddle, a flagger may
use a 24-inch square red/orange flag as an additional device to attract attention. For
night work, the vest shall have reflectorized stripes on front and back.
Signs for Flagger traffic control shall be placed in advance of the flagging operation
in accordance with the MUTCD. In addition to the signs required by the MUTCD,
signs at regular intervals, warning of the presence of the flagger shall be placed
beyond the point where traffic can reasonably be expected to stop under the most
severe conditions for that day's work.
FOUNDATION BACKFILL MATERIAL, TYPE I:
Foundation Backfill Material Type I shall conform to Georgia Standard l030-D and
Section 207 of the Standard Specifications. No separate payment will be made for
this material or its placement.
FOUNDATION BACKFILL MATERIAL, TYPE II:
Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and
Section 207 of the Standard Specifications and shall be. used in wet/unstable
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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 I030-D or as directed by the Engineer. Payment shall be per cubic yard
unless otherwise specified in the contract.
GRADES:
Grades may be field adjusted to provide for best drainage.
GRADING:
In contracts where grading, including excavation for drainage structures, is
accomplished under Section 210 (Grading Complete or Grading Per Mile) or Section
230 (Lump Sum Construction), the Lump Sum amount bid will include all work
necessary to obtain the line, grade and compaction in. accordance with the
Specifications and other contract documents. There will be no separate payment for
any work of this nature including borrow and the removal of unsuitable and/or
unstable material. However, the Contractor shall make whatever investigations he
deems necessary to determine the extent of any borrow or removal necessary to meet
contract requirements. If it develops that removal of unsuitable/unstable materials
quantities could not have been predicted by the contractor from a reasonably thorough
investigation of project conditions, the Contractor may request negotiation for
payment for excavation of this nature in areas where the depth exceeds three (3) feet
below subgrade. The Owner will consider negotiation only when this type of removal
is excessive and the Contractor provides evidence that he thoroughly investigated
project conditions prior to entering his bid. Only those quantities in excess of three
(3) below finished subgrade and/or normal excavation for drainage structures, ordered
by the Engineer, will be considered for payment.
GRASSlNG AND EROSION CONTROL:
The Contractor shall bid on grassing, lump sum, and it shall be his responsibility to
determine the actual area to be grassed. No claims will be considered for extra
compensation if the contractor relies on plan information to prepare his bid.
All slope areas are to be grassed unless shown otherwise on plans. Temporary grass
is required if permanent grass season is out.
The Contractor shall be responsible for all soil erosion and sediment control
measures. All on-site erosion control shall comply with local erosion and sediment
control ordinances. The cost of this work shall be included in the cost of the project
unless shown as a separate pay item.
All unpaved and natural areas which are disturbed by the construction of this project
are to be returned to the pre-existing shape and slope and then finished and dressed.
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No separate payment will be made for grassing, fertilizing and mulching of disturbed
areas, unless specifically shown as a pay item.
Discontinued roads or other areas inside or outside the project construction limits, but
within the existing or required right-of-way, shall be obliterated and restored as
nearly as possible to the original contour of the ground (see Section 205 of the
Standard Specifications). No separate payment will be made for this work.
Where item number 700-6001 is shown as a pay item, Georgia Department of
Transportation specifications are modified to provide that the lump sum price bid
shall be full payment for all fertilizer, lime and nitrogen. No separate measurement
for payment will be made for any work or materials required to accomplish a stand of
permanent grass.
INFESTATION:
The entire proj ect is considered to be within the limits of an insect infested area. The
contractor's attention is called to the following sections of the Standard
Specifications: (A) 155 Insect control (B) 893 Miscellaneous Planting Materials.
INSPECTIONS:
This project will be inspected by the Engineer or his Representative~
LANDSCAPING:
All the requirements of Section 702 of the Georgia Department of Transportation
Specifications, current edition, are applicable to this project except as follows: there
will be no separate pay for staking, including Perimeter Staking and for Spring
Application of Fertilizer. All costs shall be included in prices bid for Landscape
Items.
Bag grown plants are not acceptable.
LEVELING:
Leveling shall be placed at the locations and in amounts as approved by the Engineer
or his Representative. Measurement and payment shall be made in accordance with
the Standard Specifications on a unit price basis. The quantities included in the.
schedule of items are approximate and subject to change. All changes will be made at
the unit prices, as bid.
In areas where crown improvement, widening, curbing and/or gutter is required, any
required asphaltic concrete leveling shall be placed. prior to constructing widening,
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etc., unless otherwise authorized by the Engineer. Final grades cannot be determined
until leveling is placed. Three (3) point levels shall be obtained as a minimum in all
cases unless otherwise directed by the Engineer.
MILLING:
Consists of milling existing asphaltic concrete pavement primarily in curb and gutter
sections to restore drainage, riding characteristics and a reasonable pavement crown.
This work shall be kept to a bare minimum by continuing consultation with the
Engineer or his Representative. Area and depths to be milled shall be agreed on by
the Contractor and the Engineer or his Representative.
MlSCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes,
Junction Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or
special design shall be paid for Per Each. There will be no separate payment for
additional depth unless specifically shown as a pay item.
NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., with
concrete topslabs shall include manhole rings and covers.
PATCHING AND REPAIR OF MINOR DEFECTS:
Where necessary, the contractor is required to patch and repair existing potholes,
minor pavement defects and base failures in accordance with the Specifications.
PAYMENT FOR PIPE CULVERT INSTALLATION:
1. Payment for pipe culvert or utility installation includes sawing and/or cutting
and removing existing pavement and replacing the pavement as specified in
accordance with Standard 1401.
2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B"
concrete (See Georgia Standard 9031-L).
3. Payment for pipe culvert includes any required Concrete collars (See Georgia
Standard 9031-U).
4. All storm drain and longitudinal pipe shall include O-ring gaskets.
PIPE CULVERTS:
Unless otheIWise noted, all storm drain, longitudinal and stub pipes are to be
reinforced concrete.
All required pipe culverts shall be in accordance with Standard l030-D.
Foundation Backfill Material Type I shall conform to Georgia Standard l030-D. No
separate pay item will be made for this material or its placement.
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Payment for pipe culvert or utility mstallation 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 "An or ''Bn 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:
All right-of-way markers where required shall conform to Standard 9003. Right-of-
way markers shall be flush with the finished ground-line when so directed by the
Engineer. . .
REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD:
It shall be the contractor's responsibility to remove and reset any and all existing
ornamental shrubs and bushes and sod in conflict with proposed construction.
Coordination with the property owners is essential in this endeavor. The contractor
will not be held responsible for care and maintenance after removing and resetting
these plants and sod except in cases where the Contractor's equipment causes
irreparable damage or where plants and/or sod dies as the result of negligence on the
Contractor's part. In which cases, the Contractor will be held responsible for
replacement. Sod shall be reset with ground preparation in accordance with
Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod.
The Contractor shall remove the sod in a manner that will be conducive to insuring
that the reset sod will live. At the contractor's option, he may replace any sod he .
removes with new sod of the same type. No separate payment will be made for this
work or replacements unless specifically shown as a pay item.
REMOVING AND RESETIlNG OF OBSTRUCTIONS:
It shall be the Contractor's responsibility to remove and reset any and all obstructions,
such as fences, signs; concrete or brick planters, steps, walkways, brick or concrete
entrance columns, etc., which are in conflict with construction. Contractors are
responsible for the security of pets and/or personal property through the use of
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temporary fence ifnecessary. No separate payment will be made for this work exc.ept
when shown as a separate pay item.
RIGHT-OF-WAY AND EASEMENTS:.
The .Contractor shall not perform any work outside the limits of the right-of-way or
easements. In addition, no equipment or material shall be placed outside these areas
without written permission of both the property owner and the Engineer. In the event
that the Contractor elects to utilize private property for any purpose connected with
the project, such as, but not limited to, staging areas, equipment and/or material
storage or simply as a convenience, he shall submit a written agreement to the
Engineer containing vital information such as limits of both area and time the
property is to be utilized and a description of the intended use. The agreement must
be signed by both the property owner and the Contractor and will be reviewed and
recorded by the Engineer. Such agreements must be submitted prior to the
contractor's use of the property.
SALVAGEABLE MATERIALS:
.As directed by the Engineer or his representative, all s~vageable materiaJ.s, such as .
drainage pipe, which require removing but are not to be used on this project, are to be
cleaned and stored within the right-of-way by the Contractor. These materials shall
be picked up and transported by Augusta Richmond County forces. The Contractor is
responsible and shall make restitution to Augusta-Richmond County for materials
damaged through his negligence:
SAW CUTS:
When matching existing conditions, saw cuts shall be used as required by Augusta-
Richmond County. Only saw cuts in Portland Cement Concrete which are shown as
contract pay items will be paid for separately. No saw cuts in asphaltic concrete will
be paid for separately.
SPECIFICATIONS, STANDARDS AND OTHER DATA:
All references in this document, (includes all papers, writings, documents, drawings,
or photographs used, or to be used, in connection with this document), to State
Highway of Georgia, State Highway Department, Highway Department, or
Department when the context thereof means the Georgia Department of
Transportation means, and shall be deemed to mean, Augusta-Richmond County,
Augusta-Richmond County Commission-Council Department of Engineering
Services.
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The data, together with all other inforniation 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 Deparbnent of Transportation, current edition, which will be part of this
contract.
This project is based on, and shall be constructed in accordance with, the State of
Georgia Department of Transportation Standard Specifications for Construction of
Roads and Bridges, current edition and any supplements thereto. All of these
specifications shall be considered as though fully contained herein. In caSes where
conflicts arise within these specifications, they will be revised to resolve such
conflict. Until the conflict is resolved, the interpretation of the Engineer shall control
the situation.
STORM DRAIN PlPE:
Unless otherwise noted, all storm drain, longitudinal and stub pIpe are to be
reinforced concrete and shall include O-ring gaskets.
SUBCONTRACTORS:
The Contractor shall furnish the official name, plus the name and telephone number
of the 24 hour emergency contact of all firms he proposes to use as Subcontractors in
the work. This information is to be furnished at the Preconstruction Conference.
However, no work shall be done on this project by a Subcontractor until the
Contractor receives written approval of his Subcontractor(s) from the Engineer. The
Engineer shall notify the Contractor in writing within 10 calendar days whether or not
approval of the Subcontractor(s) is granted.
NOTE: All submissions shall include the following information for each
Subcontractor:
1) Name of Subcontracting Firm
2) Description of Work To Be Done
3) Contact Person's Name and Phone Number
Copies of IDl submissions shall be submitted to:
Ms. Brenda Byrd-Pelaez
Room 211 Municipal Building
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530 Greene Street
Augusta, Georgia 30911
TESTING OF THE WORK:
The Contractor shall employ a qualified materials testing laboratory to monitor more
fully the quality of materials and work and to perform such tests as may be required
under the contract documents as conditions for acceptance of materials and work.
THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROPER
TO CONTROL THE QUALITY OF THE WORK.
Concrete compressive strength tests are required on this project (see Section 500 of
the Georgia Department of Transportation Specifications). Other tests may be
required where necessary.
All test results are to be submitted to the Engineer. No separate payment will be
made for employing the testing laboratory or any required tests.
On projects that include asphaltic concrete, cores shall be cut in the asphaltic concrete
at random locations, selected by the Engineer, to verify thiclmess. 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 thiclmessesare satisfactory, in accordance with Section.
400 of the . Department of Transportation speCifications, no further cores will be
required. If cores indicate an unsatisfactory thiclmess, 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 thiclmess.
Corrections as. shown in. Section 400 of the Department of Transportation
Specifications shall be made where required. There will be no separate payment for
cutting cores, filling core holes, or corrective work. Payment shall be included in the
price bid for asphaltic concrete items or in the overall bid price of the contract.
TEST ROLLING:
Prior to placing any base course, the subgrade shall be test rolled on six feet centers
using a loaded dump truck or other equipment approved by the Engineer.
TRAFFIC CONTROL: .
The Contractor shall provide construction signs in accordance with requirements of
"Manual on 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.
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All temporary signs, barricades, flashing lights, striping and any other traffic control
. devices required during construction of this project shall meet all requirements of the
M.U.T.CD., current edition, as directed by the Engineer and be furnished by the
Contractor with payment in accordance with Section 150.
All traffic signs shown are minimum. Other signs may be required by the Engineer
with payment included under the appropriate items. .
All temporary traffic control devices are to be placed in accordance with Georgia
Department of Transportation Standards and specifications.
In accordance with Section 150 of the Standard Specifications and it's Supplement,
the Contractor shall file for approval a detour plan of operation for this project. This
plan shall include details of staging and rerouting of traffic including estimated length
oHime for use of the detours.
The Contractor shall so conduct his operations that there will be a minimum of
interference with, or interruption ot: traffic upon and along the highway. 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.
The Contractor shall provide all temporary traffic control devices needed to safely
. direct!rafflc through the construction area.
All temporary traffic control devices are to be placed in accordance with Georgia
Department of Transportation Standards and Specifications.
TRAFFIC DETOURS:
Where detours are required and in accordance with Section 150 of the Standard
Specifications and any Supplements thereto, the Contractor shall file for approval a
detour plan of operation for this project. This plan shall include details of staging and
rerouting of traffic including estimated length of time for use of the detours.
The Contractor shall so conduct his operations that there will be a minimum of
interference with, or interruption of, traffic upon and along the roadway. This applies
to the initial installation and the continuing maintenance and operation of the facility.
At least one-lane, two-way traffic shall be maintained at all times unless approved
otherwise by the Engineer. As a minimum, the Contractor must comply with the
Manual on Uniform Traffic Control Devices, current edition and Georgia Standard
9102.
TREE WELLS, TREE WALLS AND ROOT PROTECTION:
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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.
TRENCHING:
This project calls for the installation of reinforced concrete pipe by the open-cut or
trenching method parallel to the flow of traffic. The work shall be so scheduled that
not more than 200 feet of trench shall be open at anyone time. The Contractor is
cautioned to use proper and safe construction methods in constructing this proj ect.
The contractor is held fully responsible for the safe execution of the work at all times.
UTILITIES:
The Contractor's attention is directed to the possibility of encountering private utility
installations consisting of sanitary sewers, water, sprinkler systems, omamentallight
systems, gas and underground telephone cables that either are obstructions to the .
execution of the work and need to be moved out of the way or, if not, must be
properly protected during construction. No separate payment will be made for this
work. Public utilities of this nature will. be handIed by the utility owner, with the
. exception of the Augusta Utilities Department.
THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK
BEGINS:
Georgia Power Company
Post Office Box 488
Augusta, Georgia 30904
Telephone (706) 667-5528
Attention: David Wattwood
Atlanta Gas Light Co
1840 Wylds Rd.
Augusta, Georgia 30913
Telephone (706) 481-1453
Attention: Carol Brewer
Bell South
3841 Wrightsboro Road
Augusta, Georgia 30909
Telephone (706) 210-8021
Attention: Andy Strasser
Jefferson Energy Cooperative
P. O. Box 457
Wrens, GA30833
Telephone (706) 547-2167
Attention: Roy Chambers
Comcast
1424 Monte Sano Avenue
Augusta, Georgia 30904
Telephone (706) 736-6515
Attention: Kevin O'Meara
Augusta Utilities
360 Bay Street, Suite 180
Augusta, Georgia 30901
Telephone (706) 796-5000
Attention: Max Hicks
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AT&T
937 Greene St.
Augusta, Georgia 30901
Telephone 706-836-2240
Attention: Bill Wadley.
Knology
3714 Wheeler Road
Augusta, GA 30909
Telephone (706) 364-1000
Attention: Patrick Casey
UTILITIES:
All utility facilities except those owned by Augusta Utilities Department which are in
conflict with construction, not covered as specified items in the detailed estimate, are
to be removed and relocated to clear construction by the respective owners, unless
added later to the contract as a supplemental item. All "above ground" utility
structures will be located as near as possible to the right-of-way line.
The Contractor will not be paid for any delays or extra expense caused by utility
facilities obstructions or any other items not being removed or relocated to clear
construction in advance of his work.
All known utility facilities are shown. schematically on the plans, and not necessarily
accurate in location as to plan or elevation. Utility facilities such as service lines or
unknown facilities not shown on the plans will not relieve the Contractor of his
responsibility under this requirement except as noted below. "Existing Utility
Facilities" means any utility facility that exists on the highway project in its original,
relocated or newly installed position. Other than service lines from street mains to
the abutting property the contractor will not be held responsible for the cost of repairs
to damaged underground utility facilities when such facilities are not shown on the
plans and their existence is unknown to the Contractor prior to the damage occurring,
providing the Engineer determines the Contractor has otherwise fully complied with
the Specifications.
The following utility owners have facilities which may conflict with construction of
this project: .
NAME OF UTILITY OWNER
TYPE OF FACILITY
Georgia Power Company
Georgia Natural Gas Company
Comeast
Bellsouth
Augusta Utilities
AT&T
Power
Gas
Cable
Telephone
Water, Sewer
Telephone
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The Contractor shall uSe the one-call center telephone number 1-800-282-7411 for
the purposes of coordinating the marking of underground utilities.
. .
The Contractor's attention is directed to the probability of encountering private utility
installations consisting of sanitary sewers, water, sprinkler systems, omamentallight
systems, gas and underground telephone cables that either are obstructions to the
execution of the work and need to be moved out of the way or, if not, must be
properly protected during construction. No separate payment will be made for this
. work. Public utilities of this nature except Augusta Utilities will be handled by the
utility owner.
UTILITY ACCOMMODATION POLICY:
In so far as possible, work shall be scheduled so that open excavations will not be left
overnight. Where trenches, pits or other excavations are within the clear roadside
areas and cannot be backfilled before leaving the job site, they shall be covered by
timbers or metal plates and protected by reflectorized and/or lighted barricades as
appropriate and as directed by the Engineer. Barricades sufficient to prevent a person .
from falling into an excavated or work area must be erected in areas where these
conditions exist.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION1SQ-TRAFFIC CONTROL
August 28, 1995
First Use: October 20, 1995
Modification of Special Provision
Section "150 - Traffic Control (Rev. June 21, 1994)
Retain Section 150 as written and add tlu! following:
For this project, all references to flags on construction warning signs in the Standard Construction Details
listed below are deleted except for signs which are mounted at less than seven (T) feet in height (portable
~~~ .
Standard Construction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Across Median
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscellaneous Details
In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform. to Part VI of the MUTCD, Revision 3, dated
September S, 1993.
150.02 WORK ZONES: Delete 'Work Zones" and substitute: Temporary Traffic Control Zones.
150.02. 8.2.: Delete last sentence and substitute: Channelization device spacing shall be 10 feet for 200 :.
feet in advance of the temporary gore, and 10 feet for the first 100 feet of the temporary gore.
150.03. F.1. MATERIAlS - INTERIM SIGNS: Retain as written and add second paragraph.
Posts for all interim. signs shall be constructed to yield upon impact unless the posts are protected
by guardrail, portable barrier, impact attenuator or other type of positive barrier protection.
Unprotected posts shall meet the breakaway requirements of' the "1986 AASHTO Standard
Specifications for Structural Supports for Highway Signs, Lum;n~ries and Traffic Signals".
Unprotected post splices will not be permitted any higher than four inches above the ground line
to lessen the possibility of affecting the undercarriage of a vehicle.
ISO.OS.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION wAaNING SIGNS THAT ARE
REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE O~
WARNING FLAGS.
Delete first sentence of second paragraph and substitute:
Construction warning signs which are mounted at less than seven feet in height (portable .signs) shall
have two 18 inch x 18 inch fluorescent red-orange 01' orange-red warning flags mounted on each sign.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.04.E.2.a.2.: Retain cu ,;]ritten. and add: In lane shift: areas skip lines are not allowed. Solid lines are
n~d. '.
150.04. E.2.b.1.: Retain as written. and add: In lane shift: areas skip lines are not allowed. Solid lines are
required.
150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute Type
11 (elelJen).
150..1 0 PAYMENT: Item N.o. 641 - Delete reference to Type 9 and substitute Type 11 (elelJen).
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
June 22,1994
First Use: July 24, 1994
Modification of Standard Specifications, 1993 Edition
Retain Section 150 as written and add the following:
For this project, all references in the Standard Construction Details listed below to Type I Barricades,
Type II Barricades, Type "A" flashing-lights and Type,IIC" steady bum lights are deleted, except that
Type "C" lights will be required for tapers in nighttime lane closures.
Standard Construction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Across Median
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscellaneous Details
In addition. G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform to Part VI of the MUTeD, Revision 3, dated
September 3, 1993.
Detail "A" as shown on Georgia Standard 4960 is deleted.
SPECIAL PROVISION
SECTION 150- TRAFFIC CONTROL
. Rev. June 21, 1994
First Use: July 24, 1994
Rev.: August. 10, 1994
Modification of the Standard Specifications, Current Edition
Delete Section 150 as written and substituU the folu,wing:
. .
150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTeD shall be
considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maiD~;n;ng, and
removing necessary traffic signs, barricades,lights, signals, cones, pavement markings and other traffic
control devices and shall include flagging and other melU1$ for guidance and protection ofvebicular and
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
pedestrian traffic through the Work Zone. This Work shall include both mainb;n;nr e:z:i.sting devices
(excluding Traffic Signals) and installing additional devices as necessary in construction work zones.
When any provisions of this Specification or the Plans do not meet the minimum requirements of the
Manual on Uniform Traffic Control Devices (MUTeD), the MUTeD controls. The 1988 Edition of the
MUTCD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration of the
project.
A. The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor
(WTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices
in accordance with the Plans, Specifications, Special Provisions and the MUTeD, This individual's
traffic control responsibilities shall have priority over all other assigned duties. .
A3 the representative of the Contractor, the WTCS shall have run authority to act on behalf of the
Contractor in 9nmin;!ltering the Traffic Control Plan. The WTCS shall have appropriate training in
safe traffic control practices in accordance with Part VI of the MUTeD. In addition to the WTCS all
othets m~ lring decisions regarding traffic control must meet the training requirements of Part VI of
the MUTCD_ On project.9 where traffic control duties will not require full time supervision, the
. Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as
satisfactory results are obtained. .
The mcs shall have a copy of the MUTCD on .the job site. Copies of current MUTCD may be
obtained from:
U.S. Government Printing Office
Superintendent of Documents
Mail Stop: SSOP
. Washington, D.C. 20402-9328
The WTCS shall be available on a 24-hour basis as needed to maintain traffic control devices with
access to all personnel, materials and equipment necessazy to respond effectively to an emergency
situation within forty-five (45) minutes of notification of the emergency. .
The WTCS shall supervise the initial installation of traffic control devices which will be reviewed by
the Engineer prior tp the beginning of construction. Modifications to traffic control devices as required
by sequence of operations or staged construction must be reviewed by the WTCS. The WTCS shall
regularly perform inspections to ensure that traffic control is maintained.
B. .All traffic control devices used during the construction of a project shall meet the Standards utilized
in the MUTeD, and shall comply with the requirements of these Specifications, Project Plans, and
Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09.
C. All reflectorization for construction (black on orange) signs, object markers, and channelization
devices shall meet the requirements of Section 913, Type n or m unless otherwise specified. All other
signs shall meet the requirements of Type I unless otherwise specified. .
D. No work shall be started on any project phase W1til the appropriate traffic control devices have been
placed in accordance with. Project requirements_ Changes to traffic flow shall not commence unless
all labor, materials, and equipment necessary to make the changes are available on the Project.
E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation,
sequence of work and methods of providing for the safe passage of vehicular and pedestrian traffic
before it is placed in operation. The proposed plan of operation should supplement the approved
traffic control plan. Any major changes to the approved traffic: control plan, proposed by the
Contractor, are to be submitted tD the Departm.ent for approval in accordance with Subsection 104.03
of the Standard Specifications.
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DBP ARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Some additional traffic control details will be required prior to any major shifts of traffic. The traffic .
control details shall include, but not be limited to, the following:
1_ A detailed drawing showing traffic location and laneage for each step of the change"
2. The location, size, and message of all signs required by the MUTCD, Plans, Special Provisions,
and other signs as required to fit conditions.
3. The method to be used in, and the limits of, the obliteration of conflicting lines and markings_
4. Type, location, and extent of new lines and markings.
5. Horizontal and vertical alignment and superelevation rates for detou,rs, including cross section
and profile grades along each edge of existing pavement.
6. Drainage details for temporary and permanent alignments.
7. Location, length, and/or spacing of channelization and protective devices (temporary barrier,
guardrail,bar.ricades,e~). .
8. Starting time, duration and date of planned change.
9. For each traffic shift, a paving plan, erection plan, 01' work site plan, as appropriate, detailing
workforce, materials, and equipment necessary to accomplish the proposed work. This will be the
minimum resource allocation required in ~rder to start the work.
The above details shall be submitted to the Engineer for approval at least 14 days prior to the
anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has
been approved by the Engineer prior to commencement of the physical shift. All preparatory work
relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the
designated starting time. The Engineer and the Contractor's representative will verify that all
conditions have been met prior to the Contractor obtaining materials for the actual traffic shift.
F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be
maintained in accordance with Subsection 104.06 throughout the construction period. All
unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic
control devices shall be removed, placed or covered so as not to be visible to traffic. It traffic control
devices are left in place for more than ten days after completion of the Work. the Department shall
have the right to remove such devices, claim possession thereof, and deduct the cost of such removal
from any monies due, or which may become due, the Contractor.
G. The Department reserves the right to restrict Construction operations when, in the opinion of the
Engineer, the continuance of the Work would seriously hinder traffic flow on days immediately before,
on, or after holidays or other days in which unusual traffic conditions exist, including threatening or
inclement weather. . .
150.02 WORK ZONES:
A. In addition to the other provisions contained herein, work zone traffic control shall be accomplished
using the following means and materials:
1. Portable advance warning signs as ~quired by the contract or meeting the requirements of the
MUraD and Sub-Section 160.03.
2. Portable sequential or flashing arrow panels as shown in the Plans or Specifications for use on
Interstate or multi-lane highway lane closure only, shall be a minimum. size of 48" high by 96"
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DEPARTMENT OF: TRANSPORTATION
STATE OF GEORGIA
. '.
wide with not less than 15 lamps used for the arrow. The arrow will oc:cupyvirtualIy the entire
size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum
legibility distance is that distance at which the arrow panel can be comprehended by an observer
on a sunny day, or clear night. Arrow panels shall be equipped with automatic dimming features .
for use during hours of darkness. Tbe arrow panels shall also meet the requirements as shown
in the MUTeD. The sequential or flashing arrow panels shall not be used for lane closures on two-
lane, two-way highways when traffic is restricted to one-lane operations in which, case,
appropriate signing, tlaggers and when required, pilot vehicles will be deemed sufficient.
. ,
3. Portable changeable message signs meeting the requireinents of Section 632 and the MUTeD.
4. Channelization devices meeting the standards of the MUTeD and Subsection 150.05.
5. Precast concrete barrier meeting the requirement.9 of Section 622.
6. Temporary traffic signals meeting the requirement.9 of Section 647.
7. Pavement marking materials complying with Subsection 150.04,A
B. LANE CLOSURES:
1. All lane closures shall have prior approval of the Engineer. Lane closures that require same
direction traffic to be split around the Work Area will not be approved for roadways with posted
speeds of 35 mph or greater, excluding turn lanes.
2. On multilane highways where traffic has been shifted to the inside lanes for overnight use, the
entrance and exit ramps shall have channelization devices placed on both sides of the ramp. The
temporary-ramp taper length shall be greater than, or equal to, the existing taper length. Interim
EXIT gore signs shall be placed at the ramp divergence. Channelization device spacing in the first
100 feet of the temporary gore shall be 25 feet.
3. Termination Area: The transition to normal or' full width highway at the end of a lane closure
shall be a maximum. of 150 feet.
4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07,
the Contractor shall remove all signs, lane closUre markings, and devices immediately when lane
closure work is completed or temporarily suspended for any length of time or as directed by the
Engineer.
C_ TRAFFIC PACING METHOD:
1. PACING OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the
Contractor up to ten (10) minutes mlll,.;mum to work in or above all lanes of traffic for the
following purposes:
a. Placing bridge members or other bridge work.
b. Placing overhead sign structures.
c. Other work items requiring interruption of traffic.
The Contractor shall provide a uniformed police officer with patrol vehicle and blue tlashing light for
each direction of pacing. The police officer; Engineer, and naggers at ramps shall be provided with a
radio which will provide continuous contact with the Contractor.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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When ready to staJt the work activity, the police vehicle will pull into the travellanes and act as a:
pilot vebicle slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform
the Work. Any on-ramps between the pace and the work area shall be blocked during pacing of traffic:,
with a f1agger properly dressed and equipped with a StoplSlow paddle. Each ramp should be opened
after the police vehicle has passed.
Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph
non-interstate. The Contractor shall provide a vehicle to proceed in front of the police vehicle and
behind the other traffic in order to inform the Contractor's work force when an vehicles have cleared
the area.
Traffic will not be permitted to stop during pacing except in extreme cases as approved by the
EDginee~ .
2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of
the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72
inch) with a Type "B" flashing light, with the legend "TRAFFIC SLOWED.AHEAD SHORT DELAY'
(See Detail 150-A). A portable changeable message sign may be used in lieu of the W-special sign. On
divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted
at the sign, and upon notice that the traffic is to be paced shall turn on the flashing light and reveal
the sign:When traffic is not being paced, the flashing light shall be turned off and the sign covered
or removed. W-special signs are reflectomed black. on orange, Series "e" letters and border of the size
specified.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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D. The Contractor's trucks and other vehicles shall travel in the direction oCnormal roadway traffic
unless separated by a positive barrier, or when construction activity necessitates otherwise, and shall
not reveyse direction except at intersections, interchanges, or approved temporary crossings.
E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not
intenere with normal traffic operations or adjacent properties.
F. Existing street lighting shall remain lighted as long as practical and until removal is approved by the
Engineer.
G. Adequate temporary lighting shall be provided at all nighttime work sites where workers will be
immediately acljacent to traffic.
H. For their own protection, workers in or ~djacent to traffic during nightt;tme op~ration shall wear
reflectorized vests.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
I. The parking of Contractor's and/or workers personal vehicles .within the Work area or adjacent to
traffic is prohibited. .
J. The Worksite Traffic Control Supervisor (WTCS) shall monitor the work to ensure that all the rocks,
boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are
kept clear of the travelway-. These items shall be stored in a location, in so far as practical, where they
will not be subject to a vehicle I"mning off the road and striking them.
K. .All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate
changes to existing walkways, temporary walkways shall be provided and maintained, with
appropriate signs as necessary, to allow safe passage of pedestrian ~c,
150.03 SIGNS:
A. When required for proper traffic control during construction of the project, all existing guide, warning,
and regulatory signs shall be maintained by the Contractor in accordance with these Specifications.
Existing street name signs shall be maintained at street intersections. All existing mnmin~ted signs
shall remain lighted and be maintained by the Contractor.
B. When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered
so as not to be visible to traffic. All construction warning signs shall be removed within seven caIen.dar
days after time charges are stopped or pay items are complete. Subsequent punch-list or other work
to be performed shall be accomplished utilizing temporary construction warning signs that shall be
removed daily.
C. The Contractor shall not remove any existing signs and supports without prior approval from the
Engineer. All.existing signs and supports which are to be removed shall be stored and protected as
directed by the Engineer, and become the property of the Department unless otherwise specified in
the contract documents.
D. Interim guide, warning, OT regulatory signs required to. direct traffic shall be furnished, installed,
reused and maintained by the Contractor in accordance with the MUTeD, the Plans, Special
Provisions, or as directed by the Engineer. These signs shall remain the property of the Contractor.
The bottom of all interim signs shall be at least seven feet above the level of pavement edge.
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E. Existing special guide signs on the Project shall be maintained until conditions require a change in
location or legend content. When change is required, existing signs shall be modified and continued
in use if the required modification can be made within existing sign. borders using design
requirements Oegend, letter size, spacing, border, etc.) equal to that .of the existing signs, or of
Subsection 150.03.E.5. Differing legend designs shall not be mixed in the same sign.
1. SPECIAL GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that
are designed with a message OJI?tent Oegend) that applies to a particular roadway location. When
an existing special guide sign is in conflict with work to be performed, the Contractor shall remove
the contlic:ting sign and reset it in a new, non<enflicting location which has been approved by the
Engineer.
2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize existing signs, either in
place or relocated, the Contractor shall fumish, erect, maintain, modify, relocate, and remove new
interim special guide signs in accordance with the Plans or as directed by the Engineer.
3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide sign
structures are not required to be lighted unless specifically required by the Plans. !flighting is
required the sign shall be lighted as soon as erected and shall remain lighted, during the hours
of darkness, until the interim sign is no longer required. The Contractor shall notify the Power
Company at least thirty (30) days prior to desirine' connection to the power source.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. The installation of new permanent special gwde signs and the permanent modification or
resetting of existing special guide si~, when included in the contract, shall be accomplished as
soon as practical to m;n;m;~e the use of interim special guide signs. If lighting is required by the
Plans, all new permanent overhead special guide signs shall be lighted as soon as erected.
5. Interim special guide signs that may be required in addition to, or a replacement for, existing
expressway and freeway (interstate) signs must be designed and fabricated in compliance with
the minimum requirements for guide signing contained in Part 2E "G.uide Signs Expressways"
.and Part 2F "Guide Signs Freeways" of the MUTeD, except that the minimum size of alllette1'S
and numerals in the names of places, streets and highways on all signs shall be 16 inches Series
~" initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48
inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the
exit road name or route shield shall be placed on the exit gore sign.
. .
F. MATElUALS -INTERIM SIGNS:
1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green
or silver paint may be used in lieu of galvanization for steel posts or structural shape posts. Wood
posts are not required to be pressure treated. .
2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 of the
Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1
and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regardless of the sign type
used Alternative sign blank materials (composites, poly caxbonates, fiberglass reinforced plastics,
recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research
for use as interim construction signs before these materials are allowed to be incorporated into
. the work. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum.
Plywood blanks or panels will not be permitted.
G. All existing, interim and new permanent signs shall be installed so as to be completely visible for an
advance distance in compliance with the MUTeD. Limbs, brush, construction equipment and
materials shall be kept clear of the driver's line of sight to the signs. .
H. Advance warning. signs shall be placed ahead of construction in accordance with Part VI of the
MUTeD and shall include a series of at least three advance road construction (W20-1) signs placed
at the termini of the project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET,
AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend
ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILE.) On-ramps and at grade intersecting roadways
shall be signed with a minimum of one ROAD WORK AHEAD sign. .
All constrUction warning signs shall have two 18 inch x 18 inch fluorescent red-orange or orange-red
warning flags mounted on each including the project construction signs (G20-1 and G20-2A.) Project
mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest
whole mile. All construction warning signs on divided highways shall be double indicated (i.e., on the
left and right sides of the roadway.) .
I. The sequential or flashing arrow panels shall be placed on the shoulder at 01' near the point where
the lane closing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable
support. Vehicle mounted panels shall be provided with remote controls. Minimum mounting height
shall be seven feet above the roadway to the bottom of the panel, except on vehicle mounted panels
which should be as high as practical.
J. The portable changeable message sign, when specified, shall be placed ahead of construction activities
and shall meet the requirements of Section 632 and the MUTeD.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
K. The flashing beacon assembly, when Specified, shall be used in conjunction with construction warning
signs, regulatory, or guide signs to inform traffic of special road conditions which require additional
driver attention. The flashing beacon assembly shall be installed in accordance with the requirements
of Section 647.. .
150.04 PAVEMENT MARKINGS
A. Generally, full pattem pavement markings in accordance with Section 652 and in conformance with
Section 3A and 3B, except 3B-3 and SB-6, of the MUTeD are required on all courses before the
roadway-is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E. During
construction and maintenance activities on all highways open to traffic. both existing markings and
markings applied under this Section shall be fully maintained until Final Acceptance. If the pavement
markings are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering,
or construction .activities, they shall be restored immediately. On resurfacing projects pavement
markings shall be provided on all surfaces that are placed over emting markings. On widening and
reconstruction projects (where the lane configuration is altered from the pre-construction layout)
pavement markings will be as required by the Plans or the Engineer. On new construction projects
pavement marking plans will be provided.
B. MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width
and shall conform to the requirements of Section 652, except as modified herein. Raised pavement
markers (RPMs) shall meet the requirements of Section 654. Markings on the final surface course
which must be removed shall be a removable type. The Contractor will be permitted to use paint,
thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise
directed by the Engineer. Partial (skip) reflectorization (ie. reflectorizing only a portion of a stripe)
will not be allowed.
C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of
markings in the final lane configuration at the earliest possible stage.
Inappropriate or conflicting existing pavement markings shall be removed.
When shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall
be removed prior to, during, or immediately after any change so as to present the least interference
with traffic.
Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the
project for immediate use. If marking removal equipment failures occur, the equipment shall be
repaired or replaced (including leasing equipment if necessary). sa that the removal can be
accomplished without delay.
Except for the final smface. markings on asphaltic concrete may be obliterated by an overlay course,
when approved by the Engineer_ When an asphaltic concrete overlay is placed for the sole purpose
ofp.1iminJ:lfiTlgcontlictingmarkings and the in place asphaltic concrete section will allow, said overlay
will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid'
for only once and further traffic shifts in the same area'shall be accomplished with removable
markings. Ocly the minimum asphaltic concrete thickness required to cover lines (generally 60 lbJsq.
yd. of Asphaltic Concrete "H") will be allowed. Excessive build-up will not be permitted. When an
overlay for the sole puzpose of elhnin~t;;ng conflicting markings is not allowed, the markings no longer
applicable shall be removed in accordance with Subsection 666.02. The elimination of conflicting
pavement markings by overpainting with paint or liquid asphalt is not acceptable.
D. Raised pavement markers (RPMs) are required as listed below for all asphaltic concrete pavements
before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or final
surface and is open to traffic, one calendar day is allowed for cleaning and drying before the
installation of RPMs is required.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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1.': On Interstate and limited access highways under construdion, excluding ptOjects consisting
primarily of asphalt resurfacing items, retro-reflective raised pavement markers (RPMs) shaD be
placed and/or maintained on intennediate pavement surfaces opened to traffic as rollows:
a. SUPPLEMENTING LANE LINES:.
. 80 foot centers on skip lines with curvature less than three degrees. (Includes tangents.)
40 foot centers on solid lines and all lines with curvature between three degrees and six
degrees. .
20 foot centers on curves over six degrees.
20 foot centers on lane transitions or shifts.
b. SUPPLEMENTING RAMP GORE LINES:
. 20 foot centers, two each, placed side by: side.
Co OTHER LINES:
As shoWn on the plans or directed by the Engineer.
2. On other highways under construction RPMs shall be used and/or maintained on intennediate
pavement surlaces as follows:
a. SUPPLEMENTING LANE LINES AND SOLID LINES:
40 foot centers except on lane shifts. (When required in the Plans or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
b. SUPPLEMENTING DOUBLE SOLID LINES:
40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans
or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
RPMs are nl2t allowed on right edge lines.
E. EXCEPrIONS FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattern
ofmarkings are permitted as noted below, however, full pattern pavement markings are required for
the completed project.
1. TWO-LANE, TWO-WAY ROADWAYS
a. SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes
shall be at least four feet long with a m~um gap of 36 feel On curves greater than six
degrees, a two-foot stripe with a maximum gap of 18 feet shall be used In lane shift areas
skip lines will not be allowed Solid Lines will be required Interim skip lines will be
permitted for a period not to exceed 14 calendar days. Interim skip lines must b~ replaced
with markings in full compliance with Section 652 prior to expiration of the 14 calendar day
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Interim raised pavement markers may be substituted for the interim: skip (broken) stripes.
Ifraised pavement markers are substituted for the four foot interim skip stripe, four markers
spaced at equal intervals over a four feet disf;aJ1ce will be required. No separate payment will
be made if'the interim raised pavement markers are substituted for interim skip lines.
Interim raised pavement markers shall be retro-reflective, shall be the same color as the
pavement markers for which they are substituted, and shall be visible during' daytime.
The type of interim marker and method of attachment to the pavement must be approved by
the Office of Materials and Research but in no case will the markers be attached by the use
of nails.
. The interim raised pavement markers must be maintained until the full pattern pavement
markings are applied. At the time full pattern pavement markings are applied the interim
raised markers shall be removed in a manner that will not interfere with application of the
full pattern pavement markings.
b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three
calendar days where skip centerlines are in place, no-passing zones may be identified by
using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the
beginning and at intervals not to exceed 1/2 Dille within each no-passing zone. A post or
portable mounted PASS WITH CARE regulatory sign (R4-1 24" x 30") shall be placed at the
end of each no-passing zone. Post mounted signs shall be placed in accordance with the
MUTeD. Portable signs must have a minimum vertical height of three feet above the
pavement surface to the bottom of the sign and be secured in such a manner as to not be
easily blown over or misaligned.
c. EDGELINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that
are in use for a period ofless than 60 calendar days except at bridge approaches, on lane
transitiO:1S, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 30 calendar days of the time that the final surface
was placed.
(2) All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that
are in use for a period ofless than 80 calendar days except at bridge approaches, on lane
transitions, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 14 calendar days of the time that the surface was
placed.
d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols,
words and other similar markings shall be placed on final surfaces conforming to Section 652
within 14 calendar days of completion of the final surface_ On intermediate surfaces these
markings will generally not be required unless specified by the Engineer because of special
conditions or when the intermediate surface will be in use for more than 45 calendar days.
2. MULTI-LANE IDGHWAYS . WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOUR FEET OR LESS
a UNDMDED ffiGHWAYS (INCLUDES PAVED CENTER TURN LANE)
(1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers
shall be restored before nigh!fall.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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(2) LaneIines . Interim skip (broken) stripe as described in Subsection 150.04.E.l.a. may be
used for periods not to exceed three calendar days_ .
(3) Edgelines . Edgelines shall be placed on intermediate and final surfaces within three
calendar days of obliteration. . .
b. DIVIDED HIGHWAYS (GRASS OR RAISED MEDIAN)
(1) Lanelines - Full pattem skip stripe shall be restored before nightf'all_
. (2) CenterIinelEdgeline - Solid lines shall be placed on intermediate and final surfaces within
three calendar days of obliteration.
. c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.l.d.
3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER
THAN FOUR FEET
a. Same as Subsection 150.04.E.2. except as noted i:D. (b) below.
b. EDGELINES-
(1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and final
surfaces prior to opening to traffic.
(2) Portland Cement Concrete Pavement - Edgelines shall be placed on any surface open to
traffic no later than one calendar day after work is completed on a section of roadway. All
water an'd residue shall be removed prior to daily striping.
F. APPLICATION OF PAVEMENT MARKINGS: The Contractor shall furnish layout, clean as
necessary, and preline the surface for the placement of pavement markings applied under this
Section. All existing marking tape on final surfaces shall be removed prior to placement of final
markings.
Pavement markings shall re-establish No-PaSsing Zones in the locations and configuration that.
existed prior to construction. ~ No-Passing Zones shall be clearly identified as to location prior
to constroction by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new
. location projects and on project.9 where either horizontal or vertical alignments have been modified,
the location of No-Passing Zones will be identified by the Engineer. .'
G. MOBILE OPERATIONS: When pavement markings (centerlines, lane lines, and edge lines) are
applied in a continuous operation by moving vehicles and equipment, the fOllowing minimum
equipment and warning devices shall be required in addition to the requirements of the MUTeD:
1. A lead vehicle is required for two-way traffic conditions and shall have an approved sequential
or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead v~hicle is not
required for low volume off.system routes and one--way traffic applications,
2. The woTk. vehicle applying markings shall have a sequential or flashing arrow panel mounted on
the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel
shall be mounted so as to be easily visible to oncoming traffic. The work. vehicle shall follow
directly behind the lead vehicle.
3. The work vehicle placing cones shall follow directly behind the work vehicle applying the
markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the
rear.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the protection .
vehicle shall also display a promii1ent sign With the legend PASS ON LEFT (RIGHT)_ On
interstate and limited access roadways, the protection vehicle shall be equipped with a truck
mounted attenua.tol" (TMA) that is certified for impacta not less than 45 mph in accordance with
NCHRP 230..
5.. .All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right-
side rear mounted flashing yellow lights.
150.05 CHANNELIZATION
A GENERAL: Channelization should clearly delineate the trave1way thrOugh the work zone and alert
drivers and pedestrians to conditions created by work activities in or near the travelway.
Channelization shall be done in accordance with the plans and specifications, the MUTCD, and the
following requirements.
1. . Types of Devices Permitted for Channelization in Construction Work Zones:
a. . DRUMS:
(1) DESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be
reflectorized as required in Subsection 150.0l.C.
(2) APPLICATION: Drums shall be used as the required channelizing device to delineate the
full length of a lane closure, shift, 01" encroachment, except as modified by this Subsection.
(a) TRANSITION TAPERS .AND LANE CLOSURES: Drums shall be used on all
transition tapers. The minimum length of the approach transition taper for a lane closure,
shift, or encroachment for highways with posted speed of 45 mph or greater shall be equal
to the lane width of latera! shift (Ft.) x the posted speed limit (Mph), (L = WS), but not
less than 150 feet. For multiple lane closures,. only one lane may be closed per taper with
a minimum tangent length. of 2L between tapers. The'length of a closed lane, excluding'
the transition taper, will be limited to two mile, unless otherwise approved or directed by
the Engineer. Dl'UInS shall be placed the full length of the taper spaced at maximum
intervals in feet equal to the_numerical speed limit (EXAMPLE: 55 Mph Speed Limit =
55 feet maximum spacing).
For taper lengths on urban. residential or other streets where the posted speed is 40 mph
or less, the minimum length of the approach transition taper inay be computed using the
formula L = WS2/60. Greater taper length shall be used when required for individual
situations.
Drums with steady burning lights, for the length of the taper only, are required if the
condition exists into the night.
(b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for
various roadside work conditions except as modified by Subsection 150.06. Spacing shall
be used for situations meeting any of the conditions listed as follows:
(1) 50 FOOT SPACING:MAXIMUM:
(a) For difference in eJevation exceeding two inches.
(b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail
150-E..
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2)100 FOOT SPACING MAXIMUM:
(a) For difference in elevation of'two inches or less.
(b) Flush areas where equipment or workers are within ten feet of'the travel lane_
(3) 200 FOOT SPACING MAXIMUM:' Where equipment or workers are more than
ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane.
(a) For paved areas eight feet or greater in width that are paved flush with a .
standard width travel lane. .
. (b) For disturbed shoulder areas not completed to typical section that are flush
to the travel lane and considered a usable shoulder.
When the appropriate signs are posted advising of conditions such as soft or low
shoulder, drums may be removed after shoulders are completed to typical section
and grassed and after guardrail or o~er safety devices have been installed. .
b. VERTICAL PANELS:
(1) DESIGN: All vertical panels shall have a minimum of 270 square inches of'retro-reflective
area facing the traffic and shall meet the requirements of the MUTeD.
(2) APPLICATION: Lane encroachment by the drum on the travelway should permit a
remaini:ng lane width often feet. When encroachment reduces the travelway to less than ten
feet, vertical panels shall be used to restore the travelway to ten feet or greater. No other
application of vertical panels will be permitted.
c. CONES:
(1) DESIGN: All.cones shall be a minimum of28 inches in height regardless of application and
shall meet the requirement of the MUTCD.
(2) APPUCATION: For longitudinal channelizing only, cones will be permitted for daylight
closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime
work will not be permitted. .
d. BARRICADES:
(1) DESIGN: The use of Type I and Type U barricades will not be permitted. Type In
barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized
as required in Subsection 150.01.C.
(2) APPLICATION: Type ill barricades shall be placed as required by the plans~ the
Standards, and as directed by the Engineer.
e. WARNING LIGHTS:
(1) DESIGN: All warning lights shall meet the requirements of the MT1I'CD.
(2) APPLICATION:
(a) Type A low-intensity flashing lights shall be used as shown in the Plans, the
Standards, and as directed by the Engineer. Flashing lights are not required for advance
warning signs in Subsection 150,OS.H. .
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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(b) Type C Steady-Burn lights shall be used on aD tapers when the condition exi8tI into
the night- Steady-bum lights shall also be used as shown in the Plans, the Standards, and
as directed by the Engineer. . . . .
f. PORTABLE BARRIERS:
(1) DESIGN: Portable Barriers sball meet the requirements of Section 622 - PRECAST
CONCRETE BARRIER. .
(2) APPUCATION: Portable Barriers shall be placed as required by the plans. standards, and
as directed by the Engineer. When Portable Barrier is located 20 feet or less from a travel
lane, yellowref1ectors shall be fixed to the top of the barrier at intervals not greater than 60
feet and shall be mounted approTimately two inches above the barrier. The reflectors shall
be either 10" x 10" square Type V (or equal) reflective sheeting mounted on flat-sheet panels,
or 8" diameter center-mounted sealed prismatic reflex reflectors housed in an aluminum
backing with a single grommeted hole. .
Approach end of Portable Barrier shall be flared or protected by an impact attenuator (crash
cushion) or other approved treat:n1ent. in' accordance with Georgia Standard 4960,'
Construction Details and Standard Specifications.
On interstate or other controlled access highways where lane shifts or crossovers cause
opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as
a separator.
B. TEMPORARY SAND LOADED ATTENUATOR MODULES
1. DESCRIPTION: This work consists of the fumisbing, installation, maintenance, relocation, reuse
as required, and removal of Temporary Sand Loaded Attenuator Modules for traffic impact
attenuators.
2. MATERIALS: Materials used in the Attenuator shall meet the requirements of Subsection 648.02
for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules _
Stabilizer Drums with Wine Glass shaped loner Containers.
3. CONSTRUCTION: Temporary Sand Lo3.ded Attenuater Module installation shall conform to the
requirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard
4960 and shall be installed at locations designated by the Engineer.
C. PORTABLE IMPACT A'ITENUATORS:
1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation,
maintenance, relocation, reuse as required, and removal of Portable Impact Attenuators.
2. MATERIALS: Materials used in the Attenuator shall meet the requirements of Section 650 tor
. Type A Portable Impact Attenuators. .
3. CONSTRUCTION: Portable Impact Attenuator installation shall conform to the requirements of
Subsection 660.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be
installed at locations designated by the Engineer, and/or shown. on the plans.
D. TEMPORARY GUARDRAIL ANCHO~GE - Type 11:
1. DESCRIPrION: This work consists of the furnishing, installation, maintenance and removal of
Temporary Guardrail Anchorage - Type 11 used for Portable Barrier or temporary guardrail end
treatment. .
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DEP ARTMENr OF TRANSPORTATION
STATE OF GEORGIA
2. MATERIALS: Materials uSed in the Temporary Guardrail Anchorage - Type 11 shall meet the
requirements of Subsection 641.02 of the Standard Specifications and current Geol'g'ia Standards
and may be new 01" used. Materials salvaged from the Project which meet the 1"8quirements of
Standards may be utilized if available. The use of any salvaged materials will require prior
approval of the Engineer. .
3. CONSTRUCTION: Installation of the Temporary Gu3rdraiI Anchorage - Type 11 shall conform
to the requirements of the Plans, cUrrent Georgia Standards and Subsection 641.03 of the
Standard Specifications. Installation shall also include sufficient additional guardrail and
app\l1'tPnl:ln~s to effect the transition and connection to Temporary Concrete Barrier as 1"8quired
by the details in Georgia Standard 4960.
150.06 EXCAVATION ADJACENT TO A TRAVEL LANE: CoDStruction work involving. trenching ac:ijacent
to a travel way shall not begin until the Contractor is able to continuously place the required typical
section to within two inches of the existing pavement elevation, or heal the reml:lining difference in
elevation to the traveled way as shown in Detail ISO-E.
Channelization devices and placement during the construction period shall conf9rm to the requirements .
of Subsection 150:05 and Details IS0-B, 1S0-C, 1S0-D, and 1S0-E shown herein.
In addition to the signs specified in Section 150 and the MUTeD, a W-20 sign with the legend "(LEFT)
(RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream
of the point where channelization devices are erected on the paving edge.
A STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-offs in elevation of more. than
two inches between surfaces carrying, or adjacent to, traffic will not be allowed for more than 24
hours. However, where the Contractor has demonstrated the ability to continuously excavate and
backfill in a proficient manner, a single length of excavated area not to exceed 1000 feet may be left
open as a start up area for periods not to exceed 48 hours.
B. ASPHALT BASESlBINDERS: Drop-offs in elevation of more than two inches between surfaces
carrying 01" acijacent to traffic will not be allowed for more than 48 hours.
C. PORTLAND CEMENT CONCRETE .AND CEMENT STABILIZED BASES: Construction work
acijacent to the traveled way which involves these .types of bases shall be healed within 48 hours after
the curing period is complete for each section placed. During the placement period, traffic control
devices will be in accordance with Subsection 150.05 and Detail150-B.
D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRAVELWAY: Work such as
drainage structures, utility facilities, or any other work which results in a drop-off acijacent to the
travelway shall be performed expeditiously so as to minimize the exposure to the hazard. AJJ soon as
practical, the excavation shall be backfilled to the minimum requirements of Detail ISO-E. In no case
will the drop-off be allowed to exist more than five calendar days. This may 1"8quire stage construction,
such as platinlr and backfilling the incomplete work.
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DEP.AR.TMENT OF TRANSPORTATION
STATE OF GEORGIA
.:~ ".: ....,....,:.;):: .~.:.:~.:~:~.;. :....
NOTEI Drums reo..alred for ...hrs
10cailon.sPaced crt 50 FT. IntervCIIs.
If tt'le trav.led way wrdth
ra reduced to I.ss ...nan
10 f..... by 1'1'\. use of drums.
vertical pan.ls shaD b. uS.d.
. In areu of dr"ums.
Locatron of drums when
dr"op-aff .xc.eds .. rnches.
----------\
.:.._--~...:._---:----'\
1(
t NEW CONSTRUCTION +
TRAVEL LANE
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DROP-OFF GREA fER THAN 4 INCHES
DETAIL 150-8
Dr-uma slXIced at
50 fe.t. Intervals.
LocatIon of dr"ums when
drop-off la 2+ Inchea to
.. Inches.
-_:.~------\.
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c
t
NEW CONSTRUCTION
+
'tr-+
TRAVEL LANE
DROP-OFF OF 2+ INCHES TO 4 INCHES
DET AIL 150-C
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
'. .;..~'.:<::r~:.~t~\~;;~~Y:~:.'::i:':> :
." ". .. .
., ..L:' ,I. '.:
. ',,:. .:.::: :.~.' "L . .
Dr'Ulns spaced at
100 feet Intervola.
Locatron of dr"LMIIS when
drop-off Is 2 Inches 01'" less.
"-.f..:. .:. ..::. _ ~ _ _ ..:. _ \
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~
t
NEW CONSTRUCTION
+
. TRAVEL LANE
1r--a
DROP-OFF OF 2 ~CHES OR LESS
DETAIL 150-0
LocatIon of dr-ums Immedlotely
ofter' completIon of healed sectIon.
sPClced at 50 ft. IntervClIs.
Compacted Qr'aded
cOOr'e9ote.aubbase
mater-leI or- dT,-t.
TOP OF' ORUM TO BE LEVEL
2 ft. +/-
----------~.
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NO STEEPER THAN 4:1
.AC
'(
t
NEW CONSTRUCTION
+
1r-+
TRAVEL LANE
HEALED SECTION
DET AIL ISO-E
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.07 FLAGGING AND PILOT CARS:
A Flaggers shall be provided as required to handle ~ as specified in the Plans or Special Provisions,
and as required by the Engineer.
B. AIl flaggers shall meet the requirements of the MUTCD and mast have received training and a
certificate upon completion of the training from a Department approved training program. Failure
to provide certified flaggeci as required above shall be reason for the Engineer suspending work
involving the tlagger(s) until the Contractor provides the certified flagger(s).. .
C. Flaggers shall wear high-visibility cIo~ in compliance with the MUTCD and shall use a StopISIaw
paddle meeting the requirements of the MUTCD for controlling traffic. The Stop/Slow paddIes shall
have a shaft; length of seven (7) feet minimum. In addition to the StoplSlow paddle, a flagger may use
a 24 inches square red/orange tlag as an additional device to attract attention. For night work, the
vest shall have retlectorized stripes on front and back.
D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meet the requirements
of the MUTeD.
E. Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with
the MUTeD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of
the presence of the flagger shall be placed beyond the point where traffic can reasonably be exp~d
to stop under the most severe conditions for that daYs work. .
150.08 ENFORCEMENT: The safe passage of pedestrians and traffic through and around the temporazy
traffic control zone, while miniTT1i7ing confusion and disruption to traffic flow, shall have prioritY over all
other Contractor activities. Continued failure of the Contractor to comply with the requirements of Section.
150 CTRAFFIC CONTROL) will result in non-refundable deductions of monies from the Contract as shown
in this Subsection for non-performance of Work.
Failure oftha Contractor to comply with this Specification shall be reason for the Engineer suspending
all other work on the Project, except erosion control and'traffic control, taking corrective action as
specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work
on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to
the deductions for non-performance of traffic control.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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SCHEDULE OF DEDUCTIONS FOR EACH CAlENDAR DAY OF DEFICIENCIES OF
TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE
ORIGINAl TOTAL CONTRACT AMOUNT.
From More Than To and Including Daily Ch3l'Ee
$0 $100,000 $100
100,000 1,000,000 250
1,000,000 5,000,000 500
5,000,000 20,000000 750
20 000,000 40,000,000 1,000
40,000,000 - 1,500
150.09 MEASUREMENT:
A. TRAFFIC CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump
Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows:
When the first Construction R~port is submitted, a payment of 25 (twenty-five) percent of the
Lump Sum price will be made. For each progress payment thereafter, the total of the Project
percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid Oess
previous payments), not to exceed one hundred (100) percent and subject to. normal retainage.
When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the
reqUirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of
complying with these requirements will not be paid for separately, but shall be included in the overall
bid submittal.
B. SIGNS: When shown as a pay item in the contract, interim special guide signs will be paid for as
listed below. All other regulatory, warning, and guide signs, as required by the Contract, will be paid
for under Traffic Control Lump Sum or included in the overall bid submitted.
1. Interim ground mounted or interim overhead special guide signs will be measured for payment
by the square foot. This payment shall be full compensation for furnishing the signs, including
supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting,
and final removal from the Project. Payment will be made only one time regardless of the number .
of moves required.
2. Remove and reset existing special guide siins, ground mount or overhead, complete, in place, will
be measured for payment per each. Payment will be made only one time r.egardless of the number
of moves required.
3. Modify special guide signs, ground mount or overhead, will be measured for payment by the
square foot. The area measured shall include only that portion of the sign modified. Payment shall
include materials, removal from posts or supports when necessary, and remounting as required.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622_
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured
as specified in Section 632. .
E. TEMPORARY GUARDRAIL.ANCHORAGE, Type 11: Temporaxy Guardrail Anchorage - Type 11 will
be measured by each asseinbly, complete in place and accepted according to the details shown in the
plans, which shall also include the additional guardrail and appurtenances necessary for transition
and connection to Temporary Concrete Barrier. Payment shall include all necessary materials,
equipment, labor, site preparation, maintenance and removal.
F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation - Temporary will be
measured as specified in Section 647.
G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in
Section 647.
H. TEMPORARY, SAND LOADED ATrENUATOR MODULES: Each Sand Loaded Attenuator Module
of the type specified includes all material components, hardware, incidentals, labor, site preparation'
and maintenance. Each module will be measured for payment by the drum only once regardless of the
number of locations installed. Modules to replace those damaged or destroyed by traffic impact will
also be measured by the unit for payment. Upon completion of the project, the modules shall be
removed and retained by the Contractor.
I. PORTABLE IMPACT A'ITENUATORS: Each Portable Impact Attenuator will be measured by the
unit which shall include all material components, hardware, incidentals, labor, site preparation, and
maintenance, including spare parts recommended by the manufacture for repairing minor accident
damage. Each unit will be measured only once regardless of the number of locations installed, moves
required, or number of repairs necessary because of traffic damage. Upon completion of the project,
the units shall be removed and retained by the Contractor.
J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150.
150,10 PAYMENT:
When shown in the Schedule ofItems in the Proposal, the following items will be paid for separately.
Item No. 150. Traffic Control. . . . . . . . . . . . , . , . . . . . . . . . , , . . , . . . . . . . . . . . . . . . , . . . . . . . Lump Sum
Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (C~lor) .............. per Linear Mile
Item No. 150. Traffic Control, Solid Traffic Stripe,
Thermoplastic _ Inch, (Color) ... '.~ . . . . . . , . . . . . . . . . . . . . . . per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe,
Thermoplastic Inch, (Color) ,.....................,.... per Linear Mile
Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors ,.,........... _ .. per Each
Item No. 150. Traffic Control, Raised Pave:ment Markers -All Types .. . . . . . . . . . . . . . . . .. per Each
Item No. 150. Interim Ground Mounted Special Guide Signs. . . . . . . . . . . . . . . . . . .. per Square Foot
Item No. 150. Interim Overhead Special Guide Signs ,.......... _ . , . . . . . . . . . . ,. per Square Foot
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I Item No. 150.
I Item No. 150.
Item No~ 150.
I Item No. 150.
Item No. 150.
.1 Item No. 150.
I Item No. 150.
Item No. 622.
.1 Item No. 632.
Item No. 641
I Item No_ 647.
Item No. 647.
I Item No, 647.
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DEPARTMENT OF TRANSPORTATION
STATE' OF GEORGIA
,:.......~. :....-' ::; ::::~~::f."~;':::'~"";: .','
Remove & Reset Existing Special Guide Signs. .
Ground Mount, Complete in Place . . . .: . . .. . . , . . . . . . . . . . 0 . _ . . 0 . . . . . . ~ per Each
Remove & Reset, Existing Special Guide Signs~ .
. Overhead,Complete in Place ............. 0 . . . . . 0 0 0 . . . '0 0 . . . . . . . .. Per Each
Traffic Control, Temporary Sand Loaded Attenuator Modules . 0 . . . 0 , ~ . 0 ~ 0 per Each
Traffic Control, Portable Impact Atten~tor .. - . . . . . . 0 0 0 0 . _ _ 0 0 . . _ 0 , . . . o. Per Each
Traffic Control, Pavement Markers, Words and Symbols ,. 0 . . ~ . . . .. per Square Foot
Traffic Control, Pavement Arrow (Painted) With Raised Reflectors. . . 0 0 0 0 . _ per Each
. .
ModifY Special Guide Sign, Ground Mount, . . 0 . , , . . 0 . . . , . . 0 , ~ 0 . o. per Square Foot
Modify Special Guide Sign, Overhead ..,... 0 _.. , , . _ 0 0 . . 0 0 . 0 . 0 . 0 o. per Square Foot
Precast Concrete Median Barrier.. 0 , 0 0 . '0 0 0 0 . . 0 0 0 . . . . . . .. : . 0 . . . . . per Lin~ar Foot
Changeable Message Sign, Portable - 0 0 .' 0 0 . . ~ 0 . 0 0 . . . . . . . 0 . . 0 . . . . . . . . .. per Each
Temporary Guardrail Anchorage, Type 11 ........ 0 . . . . . . . . . . . 0 0 0 . . . . 0 0 per Each
Traffic Signal Installation, Temp . 0 . . . . 0 - 0 . . . 0 . . . . . 0 . . . . . . . . . . . . . . . . : Lump Sum
Flashing Beacon AsSembly, Structure Mounted. . . . . . . . . . , 0 . . . . . . 0 . . . . .. per Each
Flashing Beacon Assembly, Cable Supported 0 . : - . . 0 . . . . 0 . 0 . _ . . . _ . . 0 . . .. per Each
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May 21, 1998
. DEP ART:MENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 106 - CONTROL OF MATERIALS
106.03 SAMPLES, TESTS, CITED SPECIFICATIONS: Delete the second. paragraph in this
Subsection and substitute the following:
For work performed under Section 400, Hot Mix Asphaltic Concrete Construction, all materials shall be
inspected and tested by the Contractor before incorporation into the Work. All quality control samples .
shall be taken and tested by the Contractor's designated quality control technician. Such tests shall be
performed at the Contractor's expense and in accordance with the methods of tests established by the
Department. Copies of all tests performed by the Contractor shall be furnished to the Engineer and ~ll
become a part of the project records. .
At the discretion of the Department, the Contractor's quality control tests may be used as acceptance tests.
The Department will maintain surveillance of the Contractor's Quality Assurance Acceptance Program
and shall take samples and conduct tests as necessary to verify correctness of the Contractor's quality
control tests and determine acceptability of materials and construction. The Contractor shall be
responsible for the quality of the construction and materials incorporated therein.
Materials and Research
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Jb\'fJlon: lrfa)"2, 19~
STATE OF GEORGIA
DEPARTMENT OF TRANSPROTATION
SPECIAL PROVISION.
SEcnON 107 -LEGAL REGULATIONS AND RESPONSIBILI'IYTO nrEPUBLIC .
DELETE SOB-SECTION 107.23 AS WRITTEN AND SUBSTITUTE THE FOLLOWING:
107.23 ENVIRONMENTALCONSIDE;RATIONS: All environmental considerations
and clearances shall be the responsibility of the County or municipality to meet,
including the requirements of Section 404 of the Clean Water Act (33 use 1344).
. . -
Ailer Iuly I, 1991, State funded projects must comply with the requirements of Cha'pter
. 16 of Title 12 of the Official Code of qeorgia Annotated, the Georgia Environmental
Policy Act (GEP A), of 1991. In compliance with GEP A, those projects for which
Federal funding is sought, and NEP A compliance is ilccomplished, are exempt f~om the
requirements of GEP A.
GEP A requires that environmental documentation be accomplished for County or City
projects if more than 50 percent of the total project cost is funded by a grant of a State
Agency or a grant of more than $250,000.00 is made by the State Agency to the
municipality or County. The "responsible official of the government agency shall
determine if a proposed governmental action is a proposed governmental action which
may significantly adversely affect the quality of the environment",
A. THE FOLLOWING PROJECTS WOULD NOT SIGNIFICANTLY ADVERSELY AFFECT
THE QUALITY OF THE ENVmONM:ENT:
Non-land disturbing act1vities and minor land disturbing activitIes which would not bo
anticipated to significantly adversely affect the quality of the environment include the
foll~wing list. These types of projects funded with state money would not be subject to
enV1I'Onmental assessment of any kind. Hearing procedures outline in GEP A would not
beappU~~~ .
1. Mi~or r~adway and non-historic bridge projects.
a. Modemizati~n o~ an ex!sting highway by resurfacing, restoratIon, rehabilitation, ad~Ing
shoulders, Wldenmg a smgle lane or less in each direction and the addition of a median
within previously disturbed existing right-of-way.~.
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b Addi~g auxiliary lanes for localized purposes (weaving, climbIng, speed changes, etc.'. and
. correcting subs!AI1dard curves and intersections within previously disturbed exi~ting r;ight-
or-way. .
c. Non-historic bridge replacement projects in existing alignment with no detour bridge.
2. Lighting, signing, ~aveme~t marking, signalization, freeway surveillance and control systems,
and railroad protecuve devIces. .. .. .
,
3. Safety projects such as groovIng. glared screen, safety barriers. energy attenuators, median
baniers, etc.
, 4. Highway landscaping and landscaping modification, rest area projects and truck weIgh
stations within previously disturbed existing. right-of-way. .
S. Construction of bus shelters and ~ays within existing right-of-way.
6. Temporary replacement of a highway facility which Is commenced immediately after the
occurrence of a natural disaster or catastrophic failure to restore the highway for the health,
welfare, and safety of the public.
B. THE FOLLOWING PROJECTS MAY NOT SIGNlFICANTL Y ADVERSELY AFFECT
THE QUALITY OF THE ENVffiONMENT:
For projects which will cause land disturbance and for which there is no anticipation that
the project may significantly adversely affect the quality of the environment, certain
studies will be undertaken. These studies would serve to document whether or not the
County or municipality should anticipate that a project might significantly adversely
affect the quality of the environment, Documentation of the studies will be .
accomplished through the use of the "GEP A Investigation Studies" checklist.
.The types of projects, which would fall under the category, would include:
1. Bridge replacement projects on new location of with a detour bridge, where there are no
sjgnificant adverse impacts to historic or archaeological resources. no involvement with
Federally listed threatened and endangered species and no significant adverse impact to
wetlands. .
2. ~assing lan~, m;dian additions and widening projects, where there are no significant advers~
unpacts to histonc or archaeological resources, no involvement with Federally listed
threatened and endangered species and no significant adverse impact to wetlands. .
3. S~et~ and intersectio~ improvements where there are no significant adverse impacts to
histone or archaeological resources, no involvement with Federally listed threatened and
. endangered species and no significant adverse impact to wetlands.
4. R~t a.r:ea projects and truck weigh stations with no p~rchase of additional right-of-way.
2
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S. New location projects wh~re ~ere are no sl~thfiFlcand traJadtveliz:se imd pacts to historic or d
archaeological resources, no mvol~ement.W1 eel' ste threatened and endangere
species and no significant adverse lIDpact to wetlands. .
If studies demonstrate that the project will not significantly adversely affect the quality of the
environment, project flies will be doc~mented. . If ~tudies dem~nstrate that the project may
significantly adversely affect the quality of the envIronment, d~velopment of an
. environmental effects report (EER) will be undertaken along WIth full GEP A compUance.
c. THE FOLLOWlNG PROJECTS MAY SIGNIFICANTLY AD~SELY AFFEc:r'IHB
QUALITY OF nm ENYJR~MENT: . . . '.
This. category of project may include major widening and new location projects. If such
projects result in a significant_adverse effect, an EER shall be prepared.
D, EER PROCEDURE:
GEP A calls for consideration of the "cumulative effect of the proposed govemmen~
actions on the environment......if ~ series of proposed government actions are related
either geographically or as logical paz:t,s in a chain of contemplated actions". Therefore,
EER's for sections of roadways to be widened or built as new location facilities will
include all projects which are connected geographically or as logical parts in a chain of
contemplated actions.
1. During preparation or an environmental effect report. the County or Municipality will consuft
with and solicit comments from agencies which have jurisdiction by law, special expertise, or
other interest with respect to environmental impacts.
2. In compliance with GEP A the following shall be contained in th~ EER, at a minimum:
a, Cover sheet;
b. Executive summary;
c. Alternatives, including the no-build;
d. Relevant environmental setting; Geology, soils, water supply and wetlands,l1oral
fauna, archaeologylhistory, economic environment, energy, cultural resources;
. . .
e. The environmental impact of the proposed action of the relevant setting and ~tigat1on
meas~ proposed to avoid or minimize adverse impact;
f. Unavoidable adverse environmental effects;
g. Value of ~hort.term uses of the environment and maintenance and enhancement of Its'
long-teon value;
he Beneficial aspects, both Jong term and short tenn and its economic advantag~ ancl
disadvantages;
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2129/00
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 107- LEGAL REGULATIONS AND RESPONSmILlTY TOmE PUBLIC
107.23 ENVIRONMENTAL CONSIDERATIONS: Add the following:
E. Temporary Work in \Vetlands
Temporary work in wetlands in order to facilitate construction will be subject to the
following requirements:
1. Temporary work in wetlands shall be accomplished by using temporary structures,
timber, concrete, soil with geotextile fabric, or other suitable matting.
2. Soil matting shall be protected from erosion in accordance with the,Specifications.
3. \Vhenever temporary' work is required in Saltwater Marsh \VetIands, all temporary
structures and/or matting shall be removed in their entirety prior to Final Acceptance of
the Project. Matted' and compressed soils shall be backfilled to .their original ground
elevation with material meeting the requirements of Section 212 - Granular
Embankment.
4. \Vhenever temporary work is required in Freshwater \Vetlands, all temporary structures
and/or matting (exclusive of soil matting to be retained in the final roadway section) shall
be removed in their entirety prior to Final Acceptance of the Project. .
Once the temporary materials have been removed, the area shall be covered by Bxcelslor
or Straw blankets in accordance with Section 713 of the Specifications. The grassing and
ground preparation referenced in Sub-Section 713.03.A will not be applicable to. this
Work.. .
Office of Contract Administration
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i. 'Comments of agencies which have jurisdiction by law, speciaI expertise, ~r other
interest with respect to any environmental impact or resource;
3. At least 45 days prior to making a decision.as tOhY'hhethther to procdeed with the undena1dng,
publish in the "legal organ of each County In w lC e propose governmental action or any
part thereof is to occur, notice that an environmental effects report has been prepared".
4. .The County or Municipality sball send a copy of the EER and all oth..:r comments to the
Director, EPD.
S. The County or municipality sball make the document available to the public 8;1ld.agen~~,
, upon request.
6. A public hearing wUl be held in each affected county if at least 100 residents of the State or
Georgia request one within 30 day.s of publication in the legal organ of an affected County.
The responsible official or his designee my hold a public hearing if less than 100 requests are
received. [The county or municipality is not relieved of other State legal requirements of
public hearings, however.]
7, Following the public notice period and/or public hearing, a summary of the document..
comments received and recommendation as to whether to proceed with the action as originally
prepared, to proceed with changes. or not to proceed will be prepared (Notice of Decision).
8. This decision document, when signed by the responsible official, will be sent to the Director,
EPD, and an abbreviated notice of the decision will be published in the legal organ of each
County in which the proposed governmental action or any pan thereof is: to occur.
9. A copy of the decision document, the EER and public hearing comments (if any) will be sent
to the DEPARTMENT OF TRANSPORTATION, OFFICE OF ENVlRONMENT AND
LOCATION and the DEPAR1MENT OF NATURAL RESOURCES, ENVmONMENTAL
PROTECTION DIVISION for their files.
DEPARTMENT OF TRANSPORTATION .
OFFICE OF ENVIRONMENT AND LOCATION.
3993 AVIATION CIRCLE
ATLANTA, GEORGIA 3033,6 ,
..
DEPARTMENT OF NATURAL RESOURCES
ENVIRONMENTAL PROTECTION DIVISION
~OS BUTLER STREET, SE
SUITE 1152
ATLANTA, GEORGIA 30334
Any ~itigatlon measures identified in the EER will be incorporated into the final project
plans.. . .
Office o/StateAld
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December 1 O~ 1999
DEPARTMENT OF TRANSPORT AlON
STATE OF GEORGIA
SPECIAL PROVISION
SECTION- 107 LEGAL REGUL~:;r:IONS AND RESPONSIBILITY TO THE PUBLIC
D~lete Sub-Section J 07.15 and ~ubstitute the following:
107,15 RESPONSIBILITY FOR DAMAGE CLAIMS: The Contractor shall indemnify and save
hannless the Department, its officers and employees, from all suits, actions, or claims of any
character brought because of any injuries or damage received or sustained by any person,
persons, or property on account of the operations of the said Contractor; or on account of ot in
consequence of any neglect in safe-guarding The Work; or through use of unacceptable materials
in constructing The Work; or because of any act of omission, neglect or misconduct of said
Contractor; or because of any ~laims or amounts recovered from any infringements of patent,
trademark, or copyright; or from any claims or amounts arising or recovered under the
"\Vorkmen's Compensation Act," or any other law, ordinance, order, or decree; and so much of
the money due the said Contractor under and by virtue of his Contract as may be considered
I1ecessary by the Department for such purpose may be withheld for the use of the State; or, in
case no money is due, his surety may be held until such suit or suits, action or actions, claim or
clai~ for injuries or damages as aforesaid shall have been settled and suitable evidence to that
effect fUrnished to the Department; except that money due the Contractor wiIl not be withheld.
when the Contractor produces satisfactot}' evidence that he is adequately protected by public
liability and property damage insurance. .. .
Contract Administration
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 108 - PROSECUtION AND PROGRESS
Revised: April 18, 1995
For this Project the Progress Schedule, required by Subsection 108.03, need not be submitted:
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December 10, 1999
DEPARTMENT OFTRANSPORTAION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION. 108 P~OSECUTION AND PROGRESS
....
Delete Sub-Sectloll J08.0B.A.l and Substitute tlte/ollowlng:
1. DEDUCTION FROM PARTIAL PAYMENTS: Liquidated damages. as they
accrue. will be deducted from periodic partial payments and. if necessary, from. the .
Final Payment.
Contract Administration
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. DEPARTMENT OF '}:RANSPORTATION
STATE OF GEORIA
SUPPLEMENTAL SPECIFICATION
August 7,1995
SECTION 109.;.. MEASUREMENT & PAYMENT (CITY/COUNTY CONTRACTS)
109.07 PARTIAL PAYMENTS: Retain as written except:lS ro11ews:
A. GENERAL: Delete "At the end of eilch calendar menth"----and substitute "On the 10'"
day of each c~endar month--u,
Office or Slate AId
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION -109 MEASUREMENT AND PAYMENT
December 10, 1999
Delete the second paragraph of Sub-Section 109.03 which begins with liThe payment of any partial
estimate"..............and Substitute the fo/(owing: .
The payment of any partial estimate prior to final acceptance of the Project os provided in Sub-
Section 105.16 sholl in no way affect the obligation of the Contractor, to repair, or renew any
defective parts of the construction or to be responsible for 011 damages due to such defects.
Delete the second paragraph of Sub-Section 109.07.A which begins with "When so requested...." .
and substitute the following: .
When so requested by the Contractor and approved by the Engineer, Gross Eamings of $150,000
or more for work completed within the first fifteen (15) days of any month will be certified for
payment on a semI-monthly basis, subject to the conditions and provisions of Sub-Section 109 .07.A.7.
Delete Sub-Section 109.07.A.B.. and Substitute the following:
8. MINIMUM PAYMENT
No partial payment will be mode unless the amount of payment is at least $1000.00.
Delete Sub-Section 109.07.C. and Substitute the following:
C. INTEREST: Under no circumstances will any interest accrue or be payable on any sums withheld
or deducted by the Department os authorized by Sub-Section 109.07.A.
Delete Sub-Section 109.07.D. and Substitute the following:
D. The Contractor sholl insert the following in each Subcontract entered into for work under this
Contract:
liThe Contractor shall not withhold any retainage on Subcontractors. The Contractor sholl pay the
Subcontractor 100% percent of the gross value of the Completed Worle by the Subcontractor as
Indicated by the current estimate certified by the Engineer for payment."
Neither the incl~sion of this Specification in the Contract between the Department and the Prime
Contractor nor the indusion of the provisions of this Specification in any Contract between the Prime
Contractor and any of his Subcontractors nor any other Specification or Provision in the Contract
between the pepartment and the Prime Contractor sholl create, or be deemed to create, any
relationship, contractual or otherwise, between the Department and any Subcontractor.
Delete Sub-Section 109.0B.A. SEMIFINAL PAYMENTS
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. 152.03. Plant Laboratory Buildings: Delete Items 3,4, and 5 and substitute the following:
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May 21, 1998
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVIS~ON
. SECfION 152 - FIELD LABORATORY BUILDING
ITEM 3: 1 Each - Computer, IBM or IBM Compatible
- 540 Megabyte Hard Disk Drive (Minimum)
- 3 1/2 inch High Density Floppy Disk Drive
- CD-ROM Drive (4X Minimum)
- Windows 95 Operating System
- Mouse
Modem 9600 Baud (Minimum)
1 Parallel and 2 Serial Ports
16 Megabyte Random Access Memory Expandable to at Least 32
Megabytes .
- VGA Monitor
- 486 Microprocessor Operating at 33 Megahertz (Minimum)
ITEM 4: 1 Each - Printer (Desk Jet HP Letter quality printer)
Materials and Research
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA .
. SPECIAL PROVISION
FIRST USE 1993 SPECIFICATIONS
JULY 1, 1993
Section 161- Control of Soil Erosion and Sedimentation
Retain as written and add the following:
It shall be the responsibility of the county or city to meet the requirements of Chapter 7 of
Title 12 of the Official Code of Georgia Annotated, the Erosion and Sedimentation Act of
1975, as currently amended. . .
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DEPARTMENT OF TRANSPORTATION
. STATE OF GEORGIA
. SUPPLEMENTAL SPECIFICATION
SECTION 205 - ROADWAY EXCAVATION
Rev. December 10, 1999
First Use: January 21, 2000
Delete Sub-Section 205.01 and substitute the following: .
205.01 GENERAL: Roadway Excavation shall consist of the excavation, hauling and satisfactory
placement or disposal of all materials, not otherwise to be removed under another Contract Item,
from within the limits of all areas designated in the Contract.
This Work. shall also include all ditch ex.cavation with the exception of Channel Excavation.
All suitable materials excavated from ditches shall be utilized in the construction of roadway
embankments except where otherwise directed by the Engineer.
Material excavated from ditches which is unsuitable for roadway construction shall not be
deposited or allowed to remain within three feet of the edge of the ditch. Such material shall not
be left in unsightly pUes, but shall be spread in uniform layers neatly leveled and shaped. Adequate
openings shall be provided in spoil banks to allow surface drainage of adjacent land. When shown
on the Plans or required by the Engineer, surface ditches of adequate dimensions shall be cut at the
tops of cut slopes, extending to each end of the cuts in order to carry the water from the side hill.
Side ditches or gutters emptying from cuts to embankments shall be turned outward so as to avoid
erosion of the embankments. Wherever possible, water from surface ditches shall be discharged at
terraces or in tail ditches cut along contour fines. Suitable outlets or flumes for roadway ditches shall
be provided where necessary in accordance with details on the Plans. Surface ditches, outlets and
other such ditches will be paid for as Unclassified Excavation.
This Work. shall also include the filling and/or plugging of all abandoned wells (both dug and drilled)
located within the Right Of Way and Construction Easements in accordance with Georgia Stan'dard
9031 H.
This Work shall also include the removal of paving, aggregates, and ballast, not to be Incorporated
into the new Work. as a result of alignment shifts, grade changes, or other reasons whether shown
on the Plans or not. Salvaging of the removed railroad ballast, aggregate and paving will be
required only if so designated on the Plans. All salvaged materials shall become the property of the
Department unless the Engineer directs that portions of, or all, such materials be wasted. Any
materials not to be salvaged shall be disposed of by the Contractor. All salvaged materials shall be
stockpiled on the Project unless other sites for stockpiling are shown on the Plans.
When excavation operations encounter artifacts of historical or archaeological signIficance, such
operations shall be te,mporarily discontinued and not resumed until directed by the Engineer. See
Sub-Section 107 .13.A.
All excavation shall be in conformity with the lines, grades and cross sections shown on the Plans or
established by the Engineer.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
All material to be excavated, regardless of its nature or composition, shall be defined as Unclassified
Excavation unless otherwise specified in the Plans. All suitable material removed in the excavation
shall be used as far as practicable in formation of embankments, subgrades and shqulders and at
such other places as may be indicated on the Plans or directed by the Engineer. The Engineer will
designate materials which are unsuitable. The Contractor shall furnish disposal areas for the
unsuitable and surplus materials except where the Engineer permits the use of such on fill slopes, in
a.bandoned ditches or elsewhere, or unless specifiC disposal areas ore shown on the Plans.
The intersection of cut slopes with natural ground surfaces, including the beginning and ending of
cut slopes, shall be uniformly rounded as shown on the Plans or as directed by. the Engineer. All cut
slopes shall be brought to the grade and cross section shown on the Plans or established by the
Engineer and finished to reasonably uniform surfaces acceptable for seeding and mulching
operations.
When the Plans include a provision for Serrated Slopes, the backslope shall be graded in
accordance with the Construction Detan. The template line or the final staked cross section slope
line will be the pay line. There will be no additional measurement or payment for constructing
Serrated Slopes.
The first serration (step) is to be started as designated on the Construction Detail, and should be level
instead of paralleling the roadway grade. The tilt control blade dozier shall cut steps in altemate
directions as altemating steps are constructed.
When the Plans do not provide for serrated slopes, the front and back slopes shall be left in a
roughened condition to provide a seed bed for temporary or permanent grassinQ operations.
All slides and overbreaks which occur prior to final acceptance of the Project due to natural causes
sholl be .removed and disposed of by the Contractor as directed by the Engineer. Where slides or
overbreaks occur due to negllgence on the part of the Contractor, the Contractor shall remove
and dispose of the material at no additional cost to the Deportment.
A percentage of the estimated quantity of earthwork, not to exceed 5% at the discretion of the
Engineer, is to be withheld from progress payments untn final dressing, subgrade construction and
the satisfactory disposal of unsuitable or surplus materials is completed.
This percentage withheld shall be in addition to that specified in Sub-Section 1 09 .07~
Derete Subsection 205.02 and replace with. the fOllowing:
205.02 EROSION AND SILTATION CONTROL: The Contractor shall take whatever measures
necessary throughout the life of the project to control erosion. and to prevent snting of rivers. streams
and impoundments. Construction of drainage facilities os well as performance of all other
Construction Work which will contribute to the control of erosion and siltation sholl be carried out
in conjunction with earth~ork operations as required by Section 161.
Delete Sub-Section 205.10 and substitute the following:
205.10 MEASUREMENT:
A. Original ground surface measurements. wl1l be taken by conventional methods.
photogrammetric means, or other methods.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
The Engineer will determine the method(s) and time at which the measurementS are to'be taken
fo~ each Project.
B. The volume of Roadway Excavation-Unclassified, authorized and accepted by the Engineer, will
be computed by the method of average end areas, or other acceptable means, using the
original ground surface, the final ground surface, typical cross section, or approved templates.
The final ground surface will be obtained from conventional field measurements, as-built
" templates, photogrammetric means or other methods.
The Engineer will determine the method(s) to be used on each Project.
The measurement will include overbreakage arid slides in roadway excavation unless they are
caused by the negrrgence of the Contractor. It will include the authorized excavation of rock
or unsuitable material below template grade. The measurement will also include any material .
re-excavated from stockpiles and L!sed in the construction as directed by the Engineer as well
as surcharge removal.
In no case Will excavation outside of staked fines and slopes be measured for payment unless
ordered or approved by the Engineer.
Ditch excavation will be measured as specified in Sub-Section 205.1 O.A.
For retaining wall construction measurement will be to the back and the bottom of the select
material (;:>ackfill or footing as determined by the Engineer. Any exception outside these lines by
the Grading Contractor necessary to provide stable slopes and positive drainage 'will not be
measured, but shall be considered incidental to the Work. '
Riling or plugging abandoned wells will not be measured for payment but all costs shall be
Included in the price bid for Roadway Excavation when Item 205 Is shown as a pay item.
Otherwise all costs shall be include~ in the overall contract bid price.
The removal of paving, aggregates and ballasts shall be measured and included in the
computations for roadway excavation when Section 205 is shown as a pay item unless those
items are shown in the plans as a separate pay item. .
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June 1,2001
DEP ARTMENT OF TRANSPORT A TION
STATE OF GEORGIA
SPECIAL PROVISION ,
(For "Off-System" Contracts Only)
SECTION 400 - HOT MIX ASPHALTIC CONCRETE CONSTRUCTION
I 400.02. MATERIALS: Delete Items H. and J. and substitute the following: .
H. Bituminous Tack Coat:
Asphalt Cement Grade PG 58-22, PG 64-22,PG 67-22
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820.01
400.03.C.3: Delete the fourth paragraph of this Subsection and substitute the following:
The controls shall be capable of working in conjunction with a taut string or wire set to grade or a
ski-type device or mobile reference at 30 feet in length when using a conventional ski. An approved non-
contacting laser type ski with at least four referencing mobile stations at a minimum length of24 feet may
be used in lieu of the conventional 3D-foot ski. Under limited conditions, a short ski or shoe can be
substituted for a long ski on the second paver operating in tandem, or when the reference plane is a newly
placed adjacent lane.
400.0S.C.4: LEVELING COURSE: Delete second paragraph and substitute the following:
Mixtures for leveling courses shall meet the requirements of the approved Job Mix Formula as defined in
Subsection 400.06 and all appropriate requirements of Section 828 and will be subject to Acceptance as
stated in Subsection 400.07.A.
TABLE 400,05.C.4.a.: PATCIDNG AND LEVELING: Delete and substitute the following:
3/4" to 1-112"
1-112" to 2"
2" to 3"
Over 3"
. Rate of Soread
Up to 85 IbsJs.y.
85 IbsJs.y. to 1651bs.ls.y. .
1651bs.ls.y. to 220 IbsJs.y.
220 Ibs.ls.y. to 330 IbsJs.y.
Over 330 Ibs.ls.y.
Tvt'e of Mix
4.75 mm Mix, or
9.5 mm Superpave (Level A)
9.5 mm Superpave (Level B)
12.5 mm Superpave.
19 mm Superpave.
25 mm Superpave .
Thickness
Up to 3/4"
. These mixtures may be used for isolated patches no more than 6 inches deep and
no more than 4 feet in diameter or length.
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. I. 400.0S,D.1. THICKNESS OF LAYERS: Delete and substitute the following:
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Mix Type
25 mm Superpave
19 mm Superpave
12.5 mm Superpave
9.5 nun Superpave (Level A)
9.5 mm Superpave (Level B, C, or D) .
4.75 mmMix
Minimum
Layer
Thickness
3"
1-3/4"
1-3/8"
3/4" (80 lb/s.y.)
718" (85 Ib/s.y.)
314" (80 Ib.ls.y.)
Maximum
Layer
Thickness
5"*
3"*
2 1/2'~*
2"
2"
"1-1/8"
Maximum
Total
.. Thickness
8".
4"
4" ..
2"
... On trench widening, which is defined as widening no more than four feet in width, allow up to 6"
per lift. The 9.5 mm Superpave and 12.5 nun Superpave may also be placed in lifts up to 4" thick
for driveway and side road transitions. .
400,OS.D.3. ROLLING OPERATION: Delete the last sentence and add the following:
Pneumatic-Tired rollers shall be used in conjunction with breakdown rollers on all surface and subsurface
courses except that pneumatic-tired rollers may be excluded at the discretion of the Engineer when
polymer modified asphalt is used in the Asphaltic Concrete mixtures or when there is excessive "pickup"
or tracking from the tires.
400.0S.E. CONTINUITY OF OPERATIONS: Delete and substitute the f~llowing:
Plant production, transportation, and paving operations shall be so coordinated that a uniform continuity
of operation is maintained. If spreading operations are interrupted, the Engineer may require that a
transverse joint be constn,lcted any time the mixture immediately behind the paver screed cools to less
than 2500 F.
a. One steel wheel breakdown roller weighing at least 10 tons or vibratory roller operating at
low amplitude and at a minimum frequency of 47 Hz.
b. One rubber tire roller weighing at least 8 tons or exerting at least 80 p.s.i. contact pressure.
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2. COMPACTION EFFORT: Rolling shall be started as close behind the spreader as possible
without excessive distortion of the mix and shall be continued until roller marks are no longer
visible. A minimum rolling pattern shall consist of 2 coverages with the breakdown roller, 6
coverages with the Pneumatic-Tired roller, and 2 coverages with the steel wheel finish roller.
I 400.05.G.: MIXTURE NOT REQUIRING CONTROL STRIPS: Delete this Subsection and
substitute the following:
I 400.05.G: MAXIMUM PAVEMENT MEAN AIR VOIDS: For Asphaltic Concrete with a plan spread
rate greater than 125 IbsJyd?, equipment selected by the Contractor for spreading, rolling, and
I compacting asphaltic concrete shall be approved by the Engineer. Compaction shall commence as soon as
possible after the mixture has been spread to the desired thickness and shall be continuous and uniform
lover the entire surface. Compaction shall continue until a maximum Pavement Mean Air Voids of no
more than 8.3 percent is obtained for aU Superpave mixtures.
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c. One steel wheel finishing roller weighing at least 8 tons or vibratory roller operating in
static mode.
The adjustment period for density shall be the first three Lots or first three production days, whichever is
less. During the adjustment period, the Contractor shall ensure that the maximum compactive effort has
been achieved which will yield no more than 8.3 percent mean air voids. If the Contractor needs to adjust
the mixture to improve density results, a change in the job mix formula .may be. requested for approval
during the adjustment period so long as all values are within specification limits and changes do not
exceed the following values from the approved asphalt mix design:
Coarse pay sieve
No.8 sieve
No. 200 sieve
Asphalt content.
:1:4%
:1:2%
:1:1%
:I: 0.2%
When the same type Superpave mixture is placed at differenf mix design levels and a different blend of
materials is specified in the job mix formula, a new adjustment period shall be granted for each mixture.
However, when a Superpave mixture with the same blend of materials specified in the job mix formula is,
placed at different mix design levels, or when a mixture used for leveling at a sfread rate of 90 lbsJyd.2 or
less is also used for the surface mix at a spread rate greater than 90 lbs.lyd. , an additional adjustment
period Will be allowed for compaction only. . .
If the Office of Materials and Research is satisfied that the Contractor has exerted the maximum
camp active effort and is not able to maintain Pavement Mean Air Voids of no more than 8.3%, the
Engineer may establish a maximum target for Pavement Mean Air Voids. If the pavement mean air voids
within a Lot exceeds 8.3% (or 100% of the maximum target air voids, if established) is not maintained, the
paving operation shall be stopped until appropriate steps are taken by the Contractor to correct the problem.
Upon approval of the Engineer, the contractor may restart the paving operation but shall be limited to a
1000 feet test section to verify that the corrective action taken will result in satisfactory density. Continued
operation shall not be pennitted if the pavement mean air voids fail to meet the specified density
requirements.
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400.06.A.8. Delete and substitute the following:
1 The results of a design. study providing the necessary information to conform to the appropriate
requirements of Section ~28. The Contractor shall be responsible for all mix designs. A period of two
1 weeks from the date batched materials are received shall be allowed for mix design verification by the
Office of Materials and Research. . .
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All proposed Job Mix Formulas shall be submitted for approval at least two weeks prior to beginning
mixing operations. .No Hot Mix Asphaltic Concrete work shall be started nor shalr any mixture be
accepted until the Engineer has approved a Job Mix Form~a for the mixture to be used.
400.07. ACCEPTANCE PLANS: Delete all references to pay adjus.tments and pay factors. In addition,
delete 400.07.A, Gradation and Asphalt Cement Content, and substitute the following:
A. CONTRACTOR ACCREDITATION OF MATERIALS SAMPLING AND TESTING OF
ASPHALTIC CONCRETE: Asphaltic Concrete Mixture shall be randomly sampled and tested by the
Contractor or Contractot's Representative. In addition, these tests results may be used for Acceptance on
a Lot basis. Failure to comply with the requirements listed herein may subject the plant facility to removal
from the list of approved Hot Mix Asphaltic Concrete Plants (QPL-4S).
A Lot shall consist of the number of tons of Asphaltic Concrete produced and placed each production day;
however, if this production is less than 500 tons, or its square yard equivalent, it may be incorporated in
the next working day's production. In the event the final day's production is insufficient to constitute a
Lot, it may be included in the Lot for the previous day's ~, or at the discretion of the Engineer, may be
treated as a separate Lot with a corresponding lower number of tests.
1. QUALITY CONTROL PROGRAM: This Quality Control Program allows the Department to
accept the Contractor's quality control tests as Acceptance Tests for Asphaltic Concrete
mixtures. The Contractor's Quality Control Program as established in S.O.P. 27, "Quality
. Assurance for Hot Mix Asphaltic Concrete Plants in Georgia," shall include, but not be limited
to:
a. The assignment of all quality control responsibilities to specifically named individuals who
have been duly certified by the Office of Materials and Research.
b. Provisions for prompt implementation of control and corrective measures. .
c. Provisions for liaison with the Project Manager, Bituminous Construction Engineer and
Testing Management Operations Supervisor at all times. The Contractor shall provide at
least one day's notice prior to beginning production, or prior to resuming production if
operations have been temp~rarily suspended.
d. Provisions for reporting daily through Office of Materials and Research computer Bulletin
Board Service (BBS) the test results for extractions, lime checks, and stripping tests. Other
tests, checks, calibrations, etc. will be reported on a form developed by the Contractor and
shall become a part of the project records.
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The Quality Control Program shall be submitted to the Office of Materials and Research
for initial approval. Thereafter, the Quality Control Program shall be in.eluded as part of the
certification in the Plant Inspection Report.
2. CERTIFICATION REQUIREMENTS: The Office of Materials and Research will certify the
Contractor's Laboratory and testing equipment to assure that the equipment to be used is
accurate and meets Departmental testing standards. Laboratories which participate in and
maintain AASHTO Accreditation for testing Asphaltic Concrete Mixtures will be acceptable
for certification by the Department provided other contract requirements are met .
The designated Quality. Control personnel must be certified by the Office of Materials and
. Re.search prior to commencement of work. There are three certification Levels for Quality
Control Technicians. To receive temporary certification, a technician trainee shall be given
direct oversight by a certified Levell or Level 2 Quality Control Technician (QCT) while
performing acceptance testing duties during the first 5 days of training. The trainee must
complete qualification requirements within 30 production days after being granted temporary
certification. A trainee who does not become qualified within 30 production days will not be
re;.,eligible for temporary certification. A certified Level 1 or Level 2-QCT shall be at the plant
during production until the temporary technician trainee is permanently certified. To become a
certified Level 1- Quality Control Technician (QCT), such persons must be able to demonstrate
that they are competent in performing the process control and acceptance tests and procedures
related to Hot Mix Asphaltic Concrete production. The Level 2-QCT shall, in addition to
Levell requirements, be capable of and responsible for making process control adjustments.
Technician certification shall be valid for a period of 3 years from the date established on the
Technician's Certificate unless revoked or suspended. Technicians may become recertified
through special training and testing provided by the Office of Materials and Research. The
technician may become recertified up to 6 months before the expiration date of the current
certi fication.
3. QUALITY CONTROL MANAGEMENT: The Contractor shall designate at least one
LeveI2-QCT as manager of the quality control operations within the Contractor's organization..
The Quality Control Manager shall be accountable for actions of other Level 2-QCT and/or
Level l-QCT personnel. The Quality Control Manager shall verify that all applicable test
procedures and Standard Operating Procedures are adhered to and that all reports, charts, and
other documentation are completed as required. Quality Control Managers who do not insure
that specification requirements, sampling and testing frequencies and requirements, and
Standard Operating Procedures are adhered to may have their certification withdraWn. The
Engineer shall be notified in writing of any change in Quality Control personnel.
The Contractor shall have at least one certified Level 1 or Level 2-QCT at the plant during
production until all acceptance testing for the day is completed when daily total weight for all
mix types is to be greater than 250 tons. If daily production for all mix types of the plant is
250 tons or less, the QCT may be responsible for conducting tests at up to two plants, subject
to random number selection.. In addition, the Contractor is also required to have available,
either at the plant site or within immediate contact by phone or radio, a Level 2-QCT person
responsible for making prompt process control adjustments as necessary to correct the mix. .
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March 4, 1999
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
(For Off System Projects Only)
SECTION 402 - HOT MIX RECYCLED ASPHALTIC CONCRETE
402.02.A. RAP MATERIAL: Delete the next to last paragraph and substitute the following:
RAP containing either local sand or alluvial gravel will not be allowed in mixtures used on interstate
projects except for shoulder construction. When used in shoulder construction, the use of RAP containing
either local sand or alluvial gravel shall be limited stich that the sand or gravel makes up no more than
20% of the total aggregate portion of the mix. When used in mainline and ramp construction of non-
interstate projects, the percentage of RAP containing alluvial gravel shall be limited such that the gravel
makes up no more than 5% of the total aggregate portion of the mix. The amount of local sand in RAP
shall be considered when determining the local sand portion allowed in the total mix as specified in
Section 828.
Where Pay Items specify that Group II only aggregate is to be Used, RAP which consists primarily of
Group II aggregate, but contains some Group I aggregate shall be limited such that the Group I aggregate
makes up no more than 5% of the total aggregate portion of the mix. When a Blend I mix is specifie~ any
Group I aggregate in the RAP shall be considered when determining the Group I portion allowed in the
total mix as specified in Section 828. The percentage of local sand, alluvial gravel, and Group I aggregate
in the RAP will be determined through petrographic analysis or available records.
402.01..C. RECYCLED MIXTURE: Delete and substitute the following:
The recycled mixture shall be a homogeneous mixture of RAP material, virgin aggregate and neat aspbalt
cement. Further, the mixture shall be appropriately treated with an approved anti-stripping agent, either a
heat stable anti-stripping additive or hydrated lime. The agent chosen shall be at the Contractor's
discretion except where noted in the Pay Item Designation.
The mixture shall conform to an approved mixture design meeting the requirements outlined in Section
828. Where hydrated lime is used, it shall be added at a rate of 1.0 percent of the virgin aggregate portion
plus 0.5 percent of the aggregate in the RAP portion of the mixture. Where heat stable anti-strip additive is
used, it shall be added at a rate of 0.5 percent of the neat asphalt cement added to the mixture.
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Item No. 402 Recycled Asphaltic Concrete, ~ Mix, Grouo-Blend. .
Including Bituminous Material........ ~ ......... .......~.....:................. .................. per Ton
Item No. 402 Recycled Asphaltic Concrete, ~ Superpave, Group-Blend.
Including Bituminous Material and Hydrated Lime ..................................... per Ton.
Item No. 402 Recycled Asphaltic Concrete, ~ Superpave, Group-Blend.
Including Polymer-Modified Bituminous Material and Hydrated Lime........... per Ton
Inches Recycled Asphaltic Concrete, I:lm;.. Mix, Grouo-Blend.
Including Bituminous Material .. ................................................... per Square Yard
Item No. 402 Inches Recycled Asphaltic Concrete, ~ Superpave,
Group-Blend. Including Bitmninous Material ..................................... per Square Yard
Item No. 402 Inches Recycled Asphaltic Concrete, ~ Mix,
Grouo-Blend. Including Bituminous Material
and Hydrated Lime.. .................................................................... ......... per Square Yard
Item No. 402 Inches Recycled Asphaltic Concrete, ~ Superpave,
Grou?-Blend. Including Bituminous Material
and Hydrated Lime. ...................................................................... ......... per Square Yard
Item No. 402 Inches Recycled Asphaltic Concrete, ~ Superpave,
Group-Blend. Includ~g Polymer-Modified Bituminous Material
an.d Hydrated Lime ~...................................................................... ........... per Square Yatd
Materials and Research
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 700 - GRASSING
December 10, 1999
Delete Paragraph one of Sub-Section 700. 10, which begins with "The Contractor will be affowed..... ".
and Substitute the following:. .
The Contractor will be allowed full measurement and payment on the regular monthly estimates
for 011 grassing and planting items as work progresses provided the Work has been done in strict
compliance with the Specifications.
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May 21, 1998
DEPART1\1ENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 820 - ASPHALT CEMENT
Delete and substitute the followirig:
820.01 SUPERP AVE ASPHALT B;rNDER: This Section covers asphalt cements which have been
prepared from crude petroleum by.suitable methods. The asphalt cements shall be homogenous, free from
water and shall not foam when heated to 1750 C. Blending of asphalt cements to produce a specified
performance grade shall result in a uniform, homogenous blend with no separation. The neat asphalt
cement proposed for use in Asphaltic Concrete shall meet the following requirements for PG 64-22 or PG
67-22 and be production materials. ("straight-run") that have not been "air-blown" to achieve the
performance grade (pG). PG 58-22. may be used as Bituminous Tack Coat or in BituminouS Surface
Treatment. Only Styrene-Butadiene-Styrene (SBS) or Styrene-Butadiene (SB) shall be added to the neat
asphalt cement, if needed, to produce a binder that complies with the following requirements for PG 76-
22.
1. Test Requirements
TEST AND METHOD ORIGINAL .'
TEST TEMPERATIJRE . BINDER RESIDUE OF BINDER AFI'ER.:
PO PG PG PG Rolling Thin-Film Pressure Aging
58-22 64-22 67-22 76-22 Oven AASHTO: TPS AASHTO: PP-l
Flash Point,
AASHTO: T -48 Min. 2300 C
Viscosity (a), 3Pa-S
AASHTO:TP-48 Max. 1350 C (3000CP)
Mass Loss (%), Max.
AASHTO: T-240 (b) 0.5
Dynamic Shear, 580C 640C 670C ~ ~ 1.0 kPa ~ 2.2 KPa
O./sin8, AASHTO: Phase
TPS, 10 RadlSee Angle ~ 75 deg.
Dissipated Energy,
Dynamic Shear, 2S0C ~ SOOO kPa ..
G.sinS, AASHTO: . .
TPS, 10 RadlSec
Creep Stiffness (e), S ~ 300,000 kPa
60 sec. AASHTO TP 1 - 120 C m~ 0.300 .
Direct Tension, 1.0
mmlmin. AASHTO: - 120 C Report
TP3, Failure Strain
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. 1_ 820.01 (Continued)
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(a) This requirement may be waived at the discretion of the Department if the supplier
warrants that the asphalt binder can be adequately pumped and mixed at temperatures that
meet all applicable safety standards~
(b) Heat loss by AASHTO: 'T -179 may be accepted in lieu of mass loss by AASHTO: T -240.
(c) If the creep stiffuess is below 300,000 kPa, the direct tension test is not required. If the
creep stiffness is ~ 300,000 kP~ the Direct Tension Failure Strain value shall be reported.
The m-value requirement shall be satisfied in either case.
If modification is required, the composite materials shall be thoroughly blended at the supply
facility prior to being loaded into the transport vehicle. All blending procedures, formulation, and
operations shall be approved by the Office of Materials and Research. '
2. Certification: Certified test results of laboratory blends for proposed. PO asphalts shall be
provided by a certified laboratory, approved by the Office of Materials and Research, for each
specification characteristic of the asphalt cement proposed for shipment. The certified results
shall be provided to the State Materi~s and Research Engineer in compliance with Standard
Operating Procedure (SOP)-4.
In the event there is reason to. suspect" a sample will be outside specification limits, the State
Materials and Research Engineer may interrupt the production until test results are known.
Materials and Research
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I Del.ete and substitute the following:
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I All mixtures are designated based on the Nominal Maximum Sieve Size as defined in Subsection 828.02
and shall conform to the following unless otherwise stated herein:
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June 1,2001
DEP ARTMENT OF TRANSPORT A TION
STATE OF GEORGIA .
SPECIAL PROVISION
SECTION 828 - HOT MIX ASPHALTIC CONCRETE MIXTURES
828.01 DESCRIPTION: This specification covers the requirements that are applicable to all Hot Mix
Asphaltic Concrete Mixtures. Materials used in the preparation of these mixtures shall be approved by the
Engineer prior to incorporating in the Work. This work consists of producing and constructing one or
more courses of hot mix asphalt pavement. Superpave mixes shall be designed in accordance with the
Superpave System for Volumetric Design (AASHTO TP4 and AASHTO PP2) to meet test properties as
shown unless otherwise stated herein.
A. The Contract Pay Item will specify the aggregate group, or blend, where applicable. See
Subsection 828.04 for explanation of aggregate groups and blends.
B. The percent finer than 75Jlm will be determined in accordance with GDT -2, Alternate A or B.
C. Mixture Control Tolerances are based on the results of individual tests and are for mix
uniformity control purposes only.
D. Group I or Group II aggregate 9r a blend of both may be used for patching or leveling. Mixes
for patching and leveling are listed in Subsections 828.02 and 828.03.
E. Hydrated lime shall be included in all paving courses where noted. The lime shall be added at a
minimum rate of one percent of the total dry aggregate weight. In recycled mixtures, lime shall
be added at a minimum rate of one percent of the virgin aggregate portion plus a minimum of 0.5
percent of the aggregate in the Reclaimed Asphalt Pavement (RAP) portion. of the mixture.
Additional lime, as well as an approved heat stable anti-stripping additive, which meets
requirements of Subsection 831.04, may be required in any particular mixture when necessary
for satisfaction of govei.ning Specification requirements. No additional payment will be made by
the Department for any such required additional materials.
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.1.~~8.01 (Continued)
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F. On projects designated at Mix Design Level A, as designated in the project Plans or project
General Notes, the Asphalt Cement (AC) used in all mixtures may, at the Contractor's discretion, .
include an approved heat stable anti-stripping additive, which meets requirements of Subsection
831.04, in lieu ofhydrated.lirn~ except where noted in the Pay Item Designation. The addition
rate will be a minimwn of 0.5 percent of the AC portion. When a heat stable anti-stripping
additive is used in these mixes in lieu of hydrated lime, the minimum tensile splitting ratio will
be 0.4 for Asphaltic Concrete 4.75 mm mix and 0.6 for all other Asphaltic conc~ete mixtures.
G. Asphalt Cement used in production of asphaltic concrete mixtures shall meet the requirements of
Subsection 820.01. Asphalt Cement used in the production of these mixtures shall meet
requirements of Subsection 820.01. The AC used in all mixtures shall be PG 67-22 with the
following exceptions:
a. For mixtures designated at Mix Design Level A in the project pians, PG 64-22 may be
used at the discretion of the Contractor. .
b. For mixtures which utilize Reclaimed Asphalt Pavement (RAP), the AC grade to be used
will be determined by the Engineer.
c. AC meeting requirements of PG 76-22 shall be used in the top dense-graded surface
course, excluding shoulder construction, for projects or portions of a project designed at
Level C or D, as designated in the project Plans or project General Notes.
H. Local sand, not to exceed 20% of the total aggregate weight, may be used as an ingredient in all
Asphaltic Concrete mixtures placed on the mainline and ramps of non-interstate routes designed
at Mix Design Level A. On non-interstate projects designed at Mix Design Level B, C, or 0, as
designated in the project Plans or project General Notes, the use of local sand shall be limited to
Asphaltic Concrete 25 rom Superpave mixtures only and shall not exce~d 20% of the total
aggregate weight. However, up to 20% local sand, based on the total aggregate weight, may be
allowed as an ingredient in all Asphaltic Concrete mixtures used for shoulder construction unless
specified otherwise.
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'28.02 SUPERP A VE ASPHALTIC CONCRETE MIXTURES
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A. Gradation Requirements:
Superpave utilizes the .FHW A 0.45 Power gradation .chart to define permissible gradations. This
chart uses a unique graphing technique to judge the cumulative particle size distribution of a
blend. The ordinate (y axis) of the chart is percent passing, ranging from zero to one hundred
percent. The abscissa ex axis) is an arithmetic scale of sieve size opening in microns raised to
the 0.45 power. .
Superpave defines nominal maximum sieve size and maximum sieve size as follows:
Nominal Maximum Sieve Size: One standard ~ieve size larger than the first sieve to retain
more than ten percent (10.0%).
Maximum Sieve Size: One standard sieve size larger than the nominal maximum size.
The 0.45 power maximum density line is drawn from the origin to one hundred percent (100.0%).
passing the maximum sieve size:
TABLE 828.02.A.l.
JOB MIX FORMULA AND DESIGN LIMITS
I Mixture 9.5 mm 9.5 mm
Control Asphaltic Superpave Superpave 12.5 rom 19mm 2Smm
I Tolex:ance Concrete (Level A) (Level B-D) Superpave Superpave Superpave
Grading
Requirements Percent Passing
37.5 nun Sieve 100
::i:8.0 25.0 mm Sieve 100. 90-100
::!:8.0 19.0 mm Sieve 100. 90-100 70-89
::!:6.0" 12.5 mm Sieve 100. 100. 90-100 65-89 50-70
::i:S.6 9.5 mm Sieve 90-100 90-100 70-89 55-75
::i:5.6 4.75 mm Sieve 65-85 55-75 ,
::i:4.6 2.36 nun Sieve 53-58 42-47 34-39 29-34 25-30
::i:2.0 75 ~m Sieve 4.0-7.0 4.0-7.0 3.5-7.0 3.5-6.0 3.0-6.0
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· Mixture Control Tolerance not applicable to this sieve for this mix. .
.. Mixture Control Tolerance shall be:t 8.0% for this sieve for 19 rom Superpave.
Note: The Mixture Control.Tolerance for asphalt content shall be:t 0.4%.
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'1828.03 CONVENTIONAL FINE GRADED MIXTURES .
I JOB MIX FORl\1ULA AND DESIGN LIMITS
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:MIXTURE
CONTROL
TOLERANCE TYPE MIXTURE 4.75 nun
GRADING
. REQUIREMENTS
:i:O.O % Passing 12.5 mm Sieve 100
:i:5.6 % Passing 9.5 nun Sieve 90-100
:i:5.7 % Passing 4.75 mm Sieve 75-95
:i: 4.6 % Passing 2.36 mm Sieve 60-65
:i:3.8 % Passing 300 f..1m Sieve 20-50
:i:2.0 % Passing 75 J.Lm Sieve 4-12
DESIGN
REQUIREMENTS
:i: 0.4 Range for % AC 6.00 - 7.50
n/a Design Optimum Air Voids (%) 4-7
n/a . % Aggregate Y oids F:i1led with AC 50-80
Tensile Splitting Ratio After
n/a Freeze Thaw Cycle (GDT 66) Min. 0.8
nJa % Retention. of Coating 95
(GDT 56)
* Mixture Control Tolerance not applicable to this sieve for this mix.
Note: This mixture shall be designed at Level A and compacted with the Superpave Gyratory Compactor.
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.'1.~28.04 AGGREGATE GROUPS ALLOWABLE
I The aggregate group or blend which may be. used for each mixture will be specified with the Pay Item
description. A description of the aggregate groups and blends which may appear in the Proposal.and
Plans are defined as follows:
I PAY. ITEM DESIGNA nON
EXPLANATION OF AGGREGATE GROUPS ALLOWABLE
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Group I or II
100% Group I, 100% Group II, or any blend of the groups may be used.
Group II only
100% Group II only is required. .
Blend I
Either 100% Group II material or a blend of Group I and Group II
aggregate is allowed. The Group I fraction shall not exceed 60% by
weight of the total aggregates nor contribute more than 50% by weight
of the coarse aggregate portion. .
828.05 RUTTING SUSCEPTIBILITY TESTING: .The Office of Materials and Research may run a
rutting susceptibility test on any asphalt mixture used in construction. Results of tests with the Asphalt
Pavement Analyzer shall be provided for any mixtures designed by a Certified Contractor or Independent
Testing L~boratory. However, Rutting Susceptibility tests will not be required for Superpave mixtures
designed exclusively for use in trench widening nor for the 4.75 rom mix.
The rutting susceptibility test will be conducted according to GDT Test Procedure 115. Each mix will
have 3 beam or 6 cylindrical specimens fabricated and tested. The average rut depth for the specimens
shall not exceed 0.30 inch for Mix Design Level A, .0.25 inch for Mix Design Level B, nor 0.20 inch for
Mix Design Levels C and D. However, mixtures approved prior to July 1, 2001 which do not exceed 0.20
inch ruts when tested at 120 OF using GDT -115 may be acceptable. .
828.06 FATIGUE TESTING: The Office of Materials and Research may conduct a fatigue test on any
Superpave asphalt mixture design or Superpave asphalt mixture used in construction to determine
acceptability of the materials. The test shall be performed according to test procedure AASHTO TP 8-94,
or other procedure approved by the Office of Materials and Research.
Materials and Research
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