HomeMy WebLinkAboutMABUS BROTHERS EVACUATION ROUTE
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CONTRACf DOCUMENTS
FOR
LOVER'S LANE
EVACUATION ROUTE
PROJECf NUMBER: N/A
Abie L. Ladson, PE, Director
Engineering Department
Lover's Lane Evacuation Route
Project Number: N/A
Section
Pal!es
Invitation to Bid
Instruction to Bidders
IB-l thru IB-3
Georgia Prompt Pay Act
PP A-I
Special Conditions
SP-l
Addendums
Agreement
A-I thru A-4
Contractor's Statements:
Conflict of Interest Statement .......................
Contractor's Affidavit and Agreement Statement .......................
Subcontractor's Affidavit .......................
Contractor's Statement of Non-Discrimination .......................
Good Faith Efforts - Subcontractor & Supplier Contact Form .............
LSB Subcontractor/Supplier Utilization Plan .......................
Contractor's Bonds/Insurance/Equipment Master List
General Conditions
3 thru 33
Supplementary Conditions
Supl - 2
Proposal
P -1 thru P - 8
General Notes
G-l thru G-14
Traffic Control
TC-l thru TC-54
Water Quality Monitoring
1 thru 4
Invitation To Bid
Sealed bids will be received at this office until 3:00 p.m., Tuesday, August 19,2008
Bid Item #08-160 Lover's Lane Evacuation Route for Enginecring Department
Bids will be received by Augusta, GA Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams
Procurement Department
530 Greene Street - Room 605
Augusta, Georgia 3090 I
706-821-2422
Bid documents may be examined at the otlice of the Augusta. GA Procurement Department, 530 Greene Street
- Room 605, Augusta, GA 3090 I. Plans and specifications for the project can be made available upon
request to Augusta Blue Print. The fees for the plans and specifications which are non-refundable is
$100.00
Documents may also be examined during regular business hours at the Augusta Builders Exchange. 1262
Merry Street, Augusta, GA 30904; F. W. Dodge Plan Room, 1281 Broad Street, Augusta. GA 3090 I. It is
the wish of the Owner that all busin-esses are given the opportunity to submit on this project. To facilitate this
policy the Owner is providing the opportunity to view plans online (www.auIDIstablue.com) at no charge
through Augusta Blue Print (706 722-6488) beginning Thursday, July 3, 2008. Bidders are cautioned that
submitting a package without Procurement of a complete set are likely to overlook issues of construction
phasing, delivery of goods or services, or coordination with other work that is material to the successful
completion of the project. Bidders are cautioned that sequestration of documents through any other source is
not advisable. Acquisition of documents from unauthorized sources places the bidder at the risk of receiving
incomplete or inaccumte infomlation upon which to base his qualifications.
A Mandatory Pre-Bid Conference will be held on Wednesday, July 30, 2008 @ 10:00 a.m. in the
Procuremcnt Department - Room 60S. All questions must be submitted in writing to the office of the
Procurement Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be
received by mail or hand delivered. All {IUestions are to be submittcd in writing by Monday, August 4,
2008 by 3:00 p.m.
No Bid may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10%
Bid bond is re{luired to be submitted in a scparate envelope so marked along with the bidders'
qualifications; a 100% performance bond and a 100% payment bond will be required for award.
Bidders will please note that the number of copies requested; all supporting documents including financial
statements and references and such other attachments that may be required by the bid are material conditions of
the package. Any package found incomplete or submitted late shall be rejected by the Procurement Office.
Any bidder allcgedly contending that he/she has been improperly disqualified from bidding due to an
incomplete bid submission shall have the right to appeal to the appropriate committee of the Augusta
Commission. Please mark Bid number on the outside of the envelope.
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle
Metro Courier
cc: Tameka Allen
Abie Ladson
Hameed Malik
Tony Williams
July 3, 10, 17,24, 2008
July 9,2008
Interim Deputy Administrator
Engineering Department
Engineering Department
Engineering Department
oJ
SECTION m
INSTRUCTION TO BIDDERS
m-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
Purchasing Department, 530 Greene Street, Augusta, Georgia, 30911 and to be given
consideration must be received at least ten 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 of written addenda to the specifications which, if issued, 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.
18-1
EDgiDeering Department
Lover's LaDe EVlIcuation Route
IB-04
PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the
bidder or his authorized representative. Any corrections to entries made on bid forms
should be initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid forms, unless
specific directions in the advertisement, on the bid form, or in the special specifications
allow for partial bids. Failure to quote on all items may disqualify the bid. When
quotations on all items. are not required, bidders shall insert the words "no bid" where
appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already
submitted will be allowed if submitted by telegraph prior to the time fixed in the
Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the
total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all
owners. Bids of corporations will be signed by an officer of the firm and his signature
attested by the secretary thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in all cases.
IB-05
BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended, which
will include and cover the furnishing of all material and the performance of all labor
requisite or proper, and completing of all the work called for under the accompanying
contract, and in the manner set forth and described in the specifications.
Where estimated, quantities are included in certain items of the proposal,
they are for the purpose of comparing bids. While they are believed to be close
approximations, they are not guaranteed. It is the responsibility of the Contractor to
check all items of construction. In case of error in extension of prices in a proposal, unit
bid prices shall govern.
IB-2
Engineering Departmcnt
Lover's Lanc Evacuation Route
IB-06
BIDDER'S OUALIFICA TIONS
No proposal will be received from any bidder unless he can present
satisfactory evidence that he is skilled in work of a similar nature to that covered by the
contract and has sufficient assets to meet all obligations to be incurred in carrying out the
work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL
EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable infonnation as to
working capital available, plant equipment, and his experience and general qualifications.
The owner may make such investigations as are deemed necessary to determine the
ability of the bidder to perform the work and the bidder shall furnish to him all such
additional information and data for this purpose as may be requested. The Owner
reserves the right to reject any bid if the evidence submitted by the bidder or investigation
of him fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein. Part of the
evidence required above shall consist of a list of the names and addresses of not less than
five (5) firms or corporations for which the bidder has done similar work.
IB-07
PERFORMANCE BOND
At the time of entering into the contract, the Contractor shall give bond to
the owner for the use of the owner and all persons doing work or furnishing skill, tools,
machinery or materials under or for the purpose of such contract, conditional for the
payment as they become due, of all just claims for such work, tools, machinery, skill and
tenns, for saving the owner harmless from all cost and charges that may accrue on
account of the owner perfonning the work specified, and for compliance with the laws
pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the
owner and authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof, a
certified and effectively dated copy of the power of attorney.
IB-08
REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as
soon as practicable, provided satisfactory bids are received. The right is reserved,
however to waive any informalities in bidding, to reject any and all bids, or to accept a
bid other than the lowest submitted if such action is deemed to be in the best interest of
the Owner.
18-3
Engineering Department
Lover's laDe Evaeuatioa Route
. -
GEORGIA PROMPT PAY ACT
This Agreement is intended by the Parties to, and does, supersede any and all provisions of the
Georgia Prompt Pay Act, 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 Riclunond County and waives any right to contest the venue in the Superior
Court of Riclunond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall
be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor
specifically waives any claim to same.
NOTICE
All references in this document, which includes all papers, writings, drawings, plans or
photographs to be used in connection with this document, to "Richmond County Board of
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 project.
In all cases, regardless of the material being wasted, a grading permit issued by Augusta
Riclunond County must be furnished to the Engineer.
PPA - 1
Engineering Department
Lover's Lane Evacuation Route
LOVER'S LANE EVACUATION ROUTE
PROJECT NUMBER: N/A
SPECIAL CONDmONS
SCOPE:
This project includes constructing a 2 -lane evacuation route that extends from 1-520 to Lover's
Lane.
TERMINI AND LENGTH:
See plans.
NOTE:
Applications for all permits have been filed with Georgia Department of Transportation. In the
event no permits have been issued, the Contractor shall schedule the work so that the
construction in the permitted areas can be done in conjunction with the work adjacent to the
permitted areas.
INCIDENTAL CONSTRUCTION ITEMS:
All work and materials without a specific pay item shall be considered incidental. To related pay
items, but is not limited to, all removal and disposals, borrow if needed, remove and reset fences,
remove and reset ornamental shrubs, bushes and sod, and the obtaining, maintaining and
restoration of any required borrow and/or waste pits.
IN PLACE EMBANKMENT:
There are approximately 11,500 cubic yards of Embankment. These figures represent the NEAT
quantities as shown by the cross sections. A shrinkage factor has been applied to the in place
embankment
No borrow pits are provided for this project. Any borrow source must have GADOT approval
prior to the borrow being incorporated into the project. Any agreements between the contractor
and the owner of the borrow source must be submitted to the Engineering Department at 1815
Marvin Griffin Rd., Augusta, Georgia, 30906, ATTENTION: Engineering Department;
Engineering Department can be contacted at 706-796-5040. Payment for all earthwork,
including borrow, will be included in the payment for Item 208-0100 in place embankment.
DRIVEWAYS:
All driveways shall be in conformance with GDOT standards.
TYPICAL SECTIONS:
Refer to signed Final Construction Plans.
SP-I
Engineering Department
Lover's Lane Evacuation Route
~
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TO: All Bidders
Phyllis Mills, Quality Assurance Analyst
FROM: Geri Sams.
Procurement Director
DATE: August 18, 2008
SUBJ: Changing the Bid Opening Date & Clarifications of Specifications
BID ITEM: 08-160 Lover's.Lane Evacuation Route
NEW OPENING:
Thursday, August 28th, 2008 at 3:00 p.m.
ADDENDUM NO.1
The opening date for Bid #08-160 Lover's Lane Evacuation Route has been
changed:
FROM:
Tuesday, August 19th, 2008 @ 3:00 p.m.
Thursday, August 28th, 2008 @ 3:00 p.m.
TO:
Reeves Construction Company
Question: On page 3 of the plans there is a typical section showing the depths of
the base and paving. The typical section fails to show the depths of the different
types of asphalt. Please give the depths of the different layers.
Answer:
a) 9.5 mm will be 1" thick.
b) 19 mm will be 2" thick.
c) 25 mm will be 4" thick
Blair Construction, Inc
Question:
1) What is the value we use for the Force Account:
Answer: The value for the Force Account $70,000.00
Room 605 - 530 Greene Street. Augusta Gcorgia 30911
(706) 821-2422 - Fax (706) 821-2811
www.augustaga.gov
Register at www.dcmandstar.com/supplier for automatic bid notification
ADDENDUM 1 08-160 Lover's Lane
Page 1 of 2
2) What is being paid for in the "In-Place Embankment (Full) item?
Answer: Class I or II soils shall be used for In-Place Embankment. The ''In-
Place Embankment' shall be fill material/soil paid to haul, fill, & compact
the proposed roadway.
3) The detail on the plans shows 8" GABC and the schedule shows 12" GABC.
Which is correct?
Answer: The GABC shall be 8" thick.
4) What is the thickness of the three asphalt layers?
Answer:
a. 9.5 mm will be 1" thick.
b. 19 mm will be 2" thick.
c. 25 mm will be 4" thick
Please acknowledge addendum in your submittal.
END ADDENDUM
ADDENDUM 1 08-160 Lover's Lane
Page 2 of 2
J
I
Engineering Department
Lovers Lane Evacuation Route
SECTION A
AGREEMENT
THIS AGREEMENT. made on the _ day of
, 2008 by and between the
Aueusta.Ricbmond Countv
party of the frrst part. hereinafter called the OWNER, and
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH. that the Contractor and the Owner, for the considerations hereinafter names,
agree as follows:
ARTICLE 1- 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:
LOVER'S LANE EVACUATION ROUTE
PROJECT NUMBER: N/A
And in accordance with the requirements and provisions of the Contract Documents as defmed in
the General and Special Conditions hereto attached, which are hereby made a part of this
agreement.
ARTICLE II - TIME OF COMPLETION - LIQIDDATED DAMAGES:
The work to be performed under this Contract shall be commenced within 10 calendar days after
the date of written notice by the Owner to the Contractor to proceed. All work shall be
completed within 90 calendar days with such extensions of time as are provided for in the
General Conditions.
It is hereby understood and mutually agreed, by and between the contractor and the Owner, that
the date of beginning, rate of progress and the time for completion of the work to be done
hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work
shall be 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.
A - 1
Engineering Department
Lovers Lane Evacuation Route
ONCE MOBILIZED, THE CONTRACTOR SHALL NOT STOP MAJOR
CONSTRUCTION ACTMTIES FOR MORE THAN 14 DAYS, UNLESS APPROVED
BY THE AUGUSTA-RICHMOND COUNTY ENGINEERING DEPARTMENT. IN THE
EVENT THAT UNAPPROVED MAJOR CONSTRUCTION ACTIVITIES ARE CEASED
FOR MORE THAN 14 DAYS, A TOTAL OF ONE THOUSAND DOLLARS ($1.000)
SHALL BE PAID TO THE OWNER FOR EACH AND EVERY CALENDAR DAY mE
CONTRACTOR DOES NOT COMMENCE MAJOR CONSTRUCTION ACTIVITIES.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE
WORK WITHIN THE TIME HEREIN SPECIFIED, then the contractor does hereby agree,
as a part of the consideration for the awarding of this contract, to pay the Owner the sum of One
Thousand Dollars $1.000 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 111- PAYMENT:
(a) The Contract Sum
The owner shall pay to the Contractor for the performance of the contract the amoWlt as
stated in the Proposal and Schedule of Items. No variations shall be made in the amount
except as set forth in the specifications attached hereto.
(b) ProfP"ess 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 amoWlt of the contract which has
been completed from the start of the job up to and including the last working day of the
proceeding month, together with such supporting evidence as may be required by the Owner
and/or the Engineer. This estimate shall include only the quantities in place and at the unit
prices as set forth in the Bid Schedule.
On the vendor run, following approval of the invoice for payment, the owner shall after
deducting previous payments made, pay to the Contractor 90% of the amount of the estimate
on units accepted in place. The 10% retained percentage may be held by the Owner until the
final completion and acceptance of all work under the Contract.
A-2
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT:
(a) Upon receipt of written notice that the work is ready for final inspection
acceptance, the Engineer shall within 10 days, make such inspection and when he
finds the work acceptable under the contract and the contract fully performed, he
will promptly issue a final certificate, over his own signature, stating that the
work required by this Contract has been completed and is accepted by him under
the terms and conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to the Contractor by
the owner within 15 days after the date of said final certificate.
(b) Before fmal 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
Engineering Department
Lovers Lane Evacuation Route
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.
AUGUSTA, GEORGIA
COMMISSION-COUNCIL
(Owner)
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CONTRACTOR: l11a.~ll?r~~(S ~^TI7. Co.'"T t\L.
By: ~q
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Title:
SEAL
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Secretary
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A -4
Engineering Department
Lovers Lane Evacuation Route
I
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CONFLICT OF INTEREST:
It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement
cc:mtract when the employee or official knows that:
(a) the employee or official or any member of the employee's or official's immediate family has a
substantial interest or financial interest pertaining to the procurement contract, except that the
purchase of goods and services from businesses which a member of the Connnission or other
City of Augusta employee has a financial interest is authorized as per O.C.G.A. 36-1-14, or the
procurement contract is awarded pursuant to O.C.G.A. 45-10-22 and 45-10-24, or the transaction
is excepted from said restrictions by O.C.G.A. 45.10.25;
(b) Any other person, business, or organization with whom the employee or official of any member
of an employee's or officials immediate family is negotiating or has an arrangement concerning
prospective employment is involved in the procurement contract .
A:n.y employee or official or any member of an employee's or officjal immediate family who
holds a substantial interest or financial interest in a disclosed blind trust shall not be deer,ted to
have a conflict of interest with regaro to matters pertaining to that substantial interest or financial
interest
I, (vendor)MAhnq Rroth~ C'nn!rtrnction Company. Inc. have read and understand the information
contained in the bid specifications.
Vendor Name: Mabus Brothers Construction Company. Inc.
Address:
920 Molly Pond Road
City & State: AUSlUSta. GA 3090 1
Phone~722"2Jlu/J Fox # (706) 722-7521
Signature: ~~ Date: r!-2B-o,9
Bid Item Number and Name: 08-1i(; ~~y~r~L-ne &~vAt';" Gu1e
THIS FORM MUST BE SUBMITTED WITH BID PACKAGE. NO EXCEPTJON(S) WILL BE GRANTED
BidIRFP fR:FQ#' 08./<<:)
...
CONTRACTOR AFFIDAVIT AND AGREEMENT
By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. 13-10-91,
stafulg affirmatively that the indivi~, firm, or corporation which is contracting with Augusta Richmond
County Board of Commissioners' has registered with and is participating in a federal work authorization
program.* [any of the electronic verification of work B1+thorization programs operated by the.United States
Department of Homeland Security or any' equivalent federal work authorization program operated by. th,e
Vnited States Department of Homeland Security to verify information of newly hired employees, pursuant
to the Immigration Reform and Control Act ~f 1986 (IRCA), P.L. 99-603.], in accordance with the
applicability provisions and deadlines established in O.C.G.A 13-10-91.
. The. undersigned further 'agrees that, should it employ or contract with. any subcontractor(s) in connection
with. the physical performance of sern.ces pursuant to this con1ra.ctwith Augusta Richmond County Board
of Commissioners, contractor will secure from such subco~ctor(s) similar verificatioti of compliance
with O.C.G.A p-1O~91 on the Subcontractor Affidavit provided in: Rule 300-10-01-.08 or a substantially
similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each
~cb, verification to the - Augusta Richmond County Board of Commissioners at the .time the
subcontraetor(s) is retained to perform. such service.
CGOOI037
E- Verify * User Identification Number
Mabus Brothers Construction Company, Inc.
.Company
Please Check One. / .
SOO or More _ 100 or more L 100 or less-..
. Nmnber of Employees
Date: DB.?8 .G8
ntle of Authorized Officer or Agent of Coritractor
Larry Goolsby
Printed Name of Authorized Officer or Ag~t
SUBSCRIaED AND SWORN
BEFORE'ME ON TInS THE
d.'bt-h DAY OF {\1..1c. ut..t ,2001 .
. \"?
Notary Public ~,d1.~ W~oJm.,c,l5Y\.. c1uc.o.D _
~y Commissiop. Exp~: l.o \ d-.'t, \ \ '1
PLEASE RETURN WITH YOUR SUBMITTAL
FROM : Country Eoy Farms
1)1)( 10)" iI~U& 1.10; 1./ l'AA OU,H)~O)"'''''''
FAX NO. . :8034429969 Oct. 29 2008 02:25RM P1
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BlcllRPP/J.UlQl: CIa: L~(j
SUBCONTRAcrOR.AP.P1DAVIT
By' ~UiIna this .mda~ b ~ed IUb~~ ..nfiet 111 complJaDoc with O.C.O.A. 13-1o..~n.
stathiS ~1'ftIAt.lvely that the ~dua1. firm. CI: ClntWtfIItlnn ~oh 11 e.appd in ~ pbylio.1 ~
of seniAloa andar .. oo.ntmt with IJllhiJ. S afi>A~~. c.~ 6T~-r~ on bebaIf of Aupeta ,uchmaDd CoWity
Board of Comm1asi<mm hat registered ldth and Is pmticipltJna in a f'ed~ work autborlzat1on pl'Opgn*
(any of the olc:gtrgnic verJ1lcation ofwork authodzat10D proprDI opeIated by the UDitec1 Stlas Department
of: HomcJand SecurUy of q' cqulval. !edml WOlk: authodzatfon program opeiated by the UnJtecJ States
~ of Homeland. Security to verify IDfnnnation of newly lUred. employees" .PursuIIJt to' tho
Jmmiaration Retb= IDCl Couttol Act of 1986 ([RCA)~ P.L. '9-603]. ht acCOJ:dal\ce with the applicability
proviSioDs and cJeadUnel established in O. C. O. A 13.10.91. ,
'S1-03'3..5" r; Y3
F.-Vcrlf1$ User ldontification Number
~f3 ~
CompanyNamo or. '.
Please CheQk Onci
500 or MtM:e _100 lX'm<<t _100 or less V-
Number ofBmployees .
.~~..,
BY: A; · d OffJ..,rctt Aaer>t Q...,
(Suboon1RCtO(' Signature)
O~
TItle of All1hor1zed ()ffi.ctr or Agent of SubContractor
D.te:
?2t-03
. . . ..-
Printed Nmte of AU1borized Ofti~~ or Agent
SUBSCIUBBD AND SWORN
BErOREMB ON THIS THE
. ~ lI' l-I-t.. DAY OF -rl u ~ I ~ t .200li,
NotaryPublic ~.dhLl {J~@L ~cOJ)
My~issionExpIre8:~
PLBASB lUn1JRN 'WlTHYOUll SUBMITtAL
STATEMEf:IT Oli':l'lON..DISC~:A"Uqr;'_
The unde~ignedun.4erstands that it is the' policy of Al,lgtlsta-Riclunond CC1unty to
".:., . ". .. .;. .
. promote ful13Xl4 equal :bUsin~ op,po@nity for ~l~ns d0.il+~.:b'UsinC$8 w~t1lA..~~;"
R.ic1unond.CQUUty. Th.~.undersj~ coY~nants.that we ~a:Ye'not discritnmate4;on '~'J~_as~.of
:rac:;e, religion! g~erJ .:~tiOtl~l _ ()rlgfu - oret~i~ity; .' ~th re~~4 to :pnrne _~9~~Q~Ii& _
- subcontractingoq:;~erlttg,oppc>rtuniti~. _' _ _ _' _ '.
TlIe:l:Uld~~i~ed 'c~v.ep~,and agrees to :m~e: gOQd'"fi!1~ .cffor.ts to .~~ -_m~uU1
P!acUcable -p~~:~~6~:~f:.1O$rl'::sm~1 b~sin~ .~the'1>id 'or: :C(Jri~ct aW~d~::~Y,A#~tA-
Riclunond County. -~\lndersigne{J '~- ~oVen~ts that we have cot:ilpi~t~ ttu~JY and
fully -the ~~~ttns re~ln~~oq :__-:fili.tPeftorts ,aJl~ l?:cal -sm_~ll:-b~~~ _:_-
sUbeonu:ac:~oi'f~~PElrU#~tl0JL _ - -.-' -,.-.: ..' - -'. '. ,:.,,:
.1~e:untler$fgried-~~v~s andag,~ ri~t:w:~g~e~-msCriin~~tory cO,ndilct,or-:, ':
'any type again$t l09al smEUl1:iuSh1~,es, in confoniiity With. A~guit8.'!R;c~n.d',(JQilRif,s _Lo~al_
," ",.. . . .. ." . ... '.,. : '- .. . : . . .',
:$~an.ausiness Qppprtunfty Prt>:grani; S~t ~it1l ~eio.wis tli~ ,Si~~'twe ~f-a~ ofiiP~~ft.h~
. :... .. .' . ... '.":' " ..." ." ..."
:biddinglcontracttng:entitY with theaUthQdty to bind tbe,en~ty:
,Si
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Larry, Goolsby;:VP
Title'of Attestin,.sPaqy
Mabus Bros. Const. Co., Inc.
920 Molly Pond Road
Augusta, GA 30901 .
(706) 722-8941
(706) 722-7521 (Fax)
Sli~s.cribed and,sworn to before ~e
this ~~t~' day of A11111~ r ,20.%-
Mai-\ LJ~\5YI d.llc.a/)
Notary'Public - :$EAL.
My conimis~ion,e~:p-jres; n ~ \~~ \ \1 . ".,.-~
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THE AMERICAN INSTITUTE OF ARCHITECTS
AlA Document A310
Bid Bond
KNOW ALL MEN BY THESE PRESENTS, THAT V\IE Mabus Brothers Construction Co.. Inc.
920 MollY Pond Road. AUQusta. "GA 30901
as Principal, hereinafter called the Principal, and Safeco Insurance Company of America
Safeco Plaza, Seattle. WA 98185
a corporation duly organized under the laws of the State of WA
as Surety, hereinafter called the Surety, are held and firmly bound unto Augusta. GA Commission
Procurement Dept., Augusta, GA
as Obligee, hereinafter called the Obligee, in the sum of Ten Percent of Amount Bid
Dollars ($ 10% ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
VVHEREAS, the Principal has submitted a bid for Lovers Lane Evacuation Route, AUQusta. GA 08-160
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or
Contract Documents with good and sufficient surety for the faithful pelformance of such Contract and for the prompt
payment of labor and materials furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the
penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this
28th
day of
August
2008
Mabus Brothers Construction Co., Inc.
(Prine/paQ
(SeaQ
J/,/
(TItle)
$afeco Insurance Company of America
(Surety)
U d- Cf;. fJadtd
Cynthia M. Partin
(Seal)
(TItle)
AlA DOCUMENT A310 . BID BOND. AlA . FEBRUARY 1970 ED. . THE AMERICAN
INSTITUTE OF ARCHITECfS, 1735 N.Y. AVE., N. W., WASHINGTON, D.C. 20006
"e
POWER
OF ATTORNEY
Safeco Insur3noe Company of America
General Insurance Company of America
Safeco Plaza
Seattle, WA 98185
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
"'PAMELA 8RANDT; HEIDI K. HARREll; BRAD LORENZml;JAMES M. MALONEY; CYNTHIA M. PARTIN; Columbia, South Carolina-
No.
9721
its true and lawful attorney(s}-in-fact. with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued In the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this
6th
day of
April
2007
~~~
STEPHANIE DALEY-WATSON.SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE.PRESIDENT, SURETY
CERTlRCATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERtCA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President. any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-In-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character Issued by the company in the course of its business... On any Instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be Impressed or affixed or in any other manner reproduced;
provided. however, that the seal sha~ not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolullon of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970.
'On any.certificate executed by the Secretary or an assistant secretary' of the Company setting out,
(I) The provisions of ArlJcle V, Section 13 of the By-Laws, and
(II) A copy of the power-of-attomey appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is In full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof:
I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAl-INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors
of these corporations, and of a Power of Attorney Issued pursuant thereto. are true and correct, and that both the By-Laws, the Resolution
and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
day of LIng IAJf Cl.
this
~riii.
, r9Cdl
~~~
STEPHANIE DALEY-WATSON, SECRETARY
5-0974IDS 4105
SafecOO) and the Safeco logo are regIstered trademartts of Safeco Corporation.
WEB PDF
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MABus 'BROTHERS'CONSTRUCTION GO.. INC.
920 MOlLY POND ROAD .
AUGUST^, GEORGIA 30901
706-722-8941
F.AX 706-722-7521
. '..
.....
MABUS BROTHERS CONSTRUCTION CO., INC.
FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT
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Mabus Brothers Construction Co., Inc.
1)
South Carolina Department of Transportation
PO Box 191
Columbia, SC 2?202
2)
Georgia Department of Transportation
',. 4260 Frontage Road
\. Augusta, GA 30909
"
3)
Augusta-Richmond County
1815 Marvin Griftin Road
Augusta, GA 30906
4)
Columbia County
PO Box 498
Evans, GA 30809
S)
Crown Capital CorpOl'2tiOD.
3700 Crestwood Parkway, Suite 900
Duluth, GA 30096
6)
City of Aiken
PO Box 1177
Aiken, SC 29802-1177
\
120/01
EOUlPMEN'lNUMBER
AC 2281
BO 0110
BO 1008
BO 8800
BO . 8900
BH 0343
BR 0417
BH 07lS
BB 0739
BH 0883
BH 10S8
BH 1301
BH 2910
BH 3S4S
\. BR 3624
BR 4S6S
BB 5307
BR 7154
DH 9665
BR 71S1
BX 3302
BX 7856'
BX 7857
CF 0296
DZ 0511
DZ 0641
DZ 1340
DZ 2090
DZ S4S8
DZ 9274
HR. 1616
lIT 0593
lIT 0651
HI' 1270
HI' 1668
lIT 1707
lIT 1795
HI' 3012
lIT 4418
lIT 5714
lIT 6036
HI' 7270
\ HI' 9189
LD 1036
LD 1723
LD 2074
LD 8165
LD 9373
LD 9383
LT 8661
LT 8762
.L T 8773
MC 0121
MC 0135
Me 0168
MC 0646
Me 1087
MC 1094
MABUS BROTHERS CONSTRUcrroN
EQUIPMENT MASTER I:JSTING
i .,
. .
" .' .,." ~
'. . .
,; ....< :....;.:~ .
: .'.. .
EOUIPMENT DFSCRlPTlON
SULLAIR 185 W/90 MPD PA V.BRKR
BATBSBURGSHOPbui!ding
NAPCO MA lOOSE SECUITY SYSTEM
920B DBLWlDPJSHOP SECURITY SYS
920 OFFICE BLDG SECURITY SYS.
CAT 32().L BACKHOE 9200411
KOBBLCO SK-150 W/GROUSER,BOOM
KOBELCO SK300IV HYDRAULIC EXCA
CAT 215~B EXCAVATOR W/CONC SAW
CAT 416ClT 4X4 BACKHOE LOADER
CAT 416B BACKHOE
KOMATSUPC60.6 EXCA VATeR
'00 CAT 325BL HYDRAU EXCAVATOR
KOMATSU PC300J..C.3 EXCAVATOR
CAT 416B 4WD BACKHOE LOADER
416B CATERPILLAR BACKHOE
LINKBELT 3400 TRACK EXCAVATOR
CASE 580SlAX BACKHOE
CASE 580 E BACKHOE
'95 BRUCE RJ..300 BROOM
30 CY RB TRASH BOX (BLUE)
LBWISTEEL 30 CY EZZEE A-PRAME
LEWISTEEL 20 CY EZZEE A-FRAME
602 PIECE JET CONe. FORMS PURe
CAT 3D TRACK DOZER
CAT D5M TRACK TYPE DOZER.
'87 CAT D7H CRAWLER DOZER
CAT D6E TRACK DOZER
KOMATSU D6SE-8 STRAIGHT TILT
'00 JOHN DEERE 650H DOZER
KENT 1{-KHB8G HOE RAM
ORADEIJGHr 2000-2 WIBATIERY
TOPCON SYS SILASER TRACKERJACK
SONIC REFERENCE SYSTEM
AGL ORADEUGHI' W/AUTOLlNE
LASER. BEAM
LASER ALIGNMENT 5700 BEAM ALIG
LASER ALIGNMENT 4700 SYSTEM
CLASSIC PIPEHORN 100 systEM
NEOTRONICS ATMOSPHERE MONITOR
TOPCON ATG-6 LEVEL WIRODS.TRIP
TOPCON Aura LEVEL W/RODS,TRIPO
LASER ALIGNMENT LB.l WI GRADE
'CAT IT28 ENCLOSED CAB LOADER
CAT 936F WHEEL LOADER
CAT 930 WHEEL LOADER
'98 JOHN DEERE 544H LOADER
KOMATSUD-57..s LOADER
KOMATSU DS7~1 LOADER
AMIDA SlA0604MH LIGHT TOWER
AMIDA SlA060-4MH LIGHT TOWER
AMIDA SL40604MH UGHT TOWER
C&P 60" SK300-4 HI) BUCKET
BURNERIBLOWER
RB9A BEDDING BOX (ROCK BX)
RTM 60-01 BUSH HOG Tll..LER
LINCOLN WELDER .
CASE 30+4 TRENCHER .
1
120/01
EOUIP.MENJ NUMBER
MC 1214
MC 1736
MC 1784
MC 1895
MC 30C2
MC 3384
MC 5004
MC 5602
MC 6795
MC 8362
MC 8557
MC 9998
MC RAKE
MC RR02
\. MG 1408
MG 3613
MG 4150
MG 4759
MG 6028
MG 6770
OF 0035
OF 0480'
OF 0737
OF 0994
OF 1518
OF 2105
OF 3009
OF 3442
OF 3681
OF 4588
OF 4705
OF 5764
OF 6946
OF 9348
OF 8540
OF WI1S
PN 0132
PN 0714
PN 2528
PP 0022
PP 1062
PP 1322
\ PP 2339
PP 6162
RD 0253
RD 0254
RD 0271
RD 0280
RL 0163
RL 0208
RL 0754
RL 108S
RL 1183
RL 5497
RL 5628
RL 6202
RL 6506
SH 8735
MABUS BROTHERS CONSTRUCl10N
'. .
EQUJPMENl' MASTER LlSTING
EOUIPMENT DESCRIPTION
R1VINIUS ORA VEL SPREADER
EZB6. 6 CYDS. BEDDING BOX
DITCH WITCH 140 EARTH AUGER
YAMAHA YOSSOD GENERATOR
30" BORING MAcmNE
BARRJER.LIFTING TONG MOD74-425
5700 POWER CURBER.
'98 MALEITI KZI00CV3220 mLER
PUCKET ASPHALT PAVER T-4S0
PETERSON HC3400B WOOD RECYCLER
PRIME EQ 6SSPM-SH MORTAR. MIXER
MISe. EQUIPMENT
ROOT RAKE
ROOT RAKE wrm C-FRAME
CAT 12HMOTORORADER
.CAT 120 MOTORORADER 59371
FIAT ALLIS 6SB MOTOR GRADER.
CAT 12 F MOTORORADER
'9S CAT 120 MOTORGRADER
CAT 120 MOTORGRADER
ACER 322 LAPTOP COMPUI'ER
RlCOH Fr4527 WI DF61,CS220
HP PA vn.ION 7420 COMPUl'ER. SYS
SAMSUNO 816 PROSTAR TELEPHONES
HP 6355 PAVILION COMPUI'ER SYS.
50MHZ 486 10 &: 2S6MO COMPurER
GOODMAN CPKE6o..38 CENTRAL AIR
HP BRIO COMPUTER &: SERVER SOFf
XEROX COPIER
HARRISI3M 6010AO COPIER
SPECI'RA-PHY SOFTWARE WIDIOmz
OKIDATA ML395 24-PIN PRINTER
BROTHER 1270 FAX MACHINE
200MHZ PENTIUM 6.2G COMPUTER
MAXWELL NGS2000 S.4 SOFI'WARE
HP89S DESKJET PRlNTER
'88 CAT 61SC ELEV AnNO SCRAPER
'87 HBRC TS14 SCRAPER
'82 TBREX TS14B MOTOR SCRAPER
CH&E 6S38WR3" DIAPHRAOMPUMP
RICE DPH-2B HYDRO TESTPUMP
CH&E 3" DIAPHRAGM (MUDHOO)
.12" THO'MPSN V-34S WELLPOINT PU
6" mOMPSNm-PRESSURE JET PUM
VISAR B7800M PORTABLE 05(27/96
VISAR B7800M PORTABLE 05(27/96
VISAR B7800M PORTABLE 05(27/96
VISARB7800MPORTABLE OSf27196
SAKAI MODEL SVSOOT 84" FOOT RL
MAULDIN WALK BEHIND VIB ROLLER
INGERSOLL-RAND DD22 ROLLER
RT820 WACKER SHEEPSFOOT ROLLER
WACKER RT820-m SHPSFT TR COMP
INGERSOLL-RAND SP48 ROLLER
GALlON 9PC-12D ROLLER
INGERSOLL-RAND SDIOOD ROLLER
INGERSOLL-RAND SDI00F PADFl' RO
MI- T-M HS300S-CMVI PRESIWASHER
2
'20/01
EOUlPMEN'lNUMBER
SH 9999
SV 0002
SV 0010
SV 0173
SV . 1292
SV 2192
SV 8434
SW 1158.
SW 1450
SW 2387
SW 3027
SW S444
SW 5518
SW 5853
\. TB 0124
TB 0136
TB 1019
TB 1162
TB 2311
TB 3442
TB 4542
TB 898L
TB 9452
TB 9462
TB 9871
TC 0191
TC 1094
. TC 2138
TC 5754
TP 1075
TP 1190
TP 1199
TP 2704
TP 3173
TP 5204
TP 5218
TP 6685
TP 8053
TP 9337
TR. 0244
TR 0258
TR 0305
\ TR 0315
TR 0555
TR 0595
TR O6OS
TR 0788
TR 0859
TR 1511
TR 1537
TR 1587
TR 1753
TR 2081
TR 2082
TR 2129
TR 2671
TR 2770
TR 2793
MABUS BROTHERS CONSTRUcnON
EQUJPMENr MASTER L1STJNG
. . l" :~'.' ; .
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. . ..... . .:!~~. ~~"
EOUJPMENr DESCiUPTION
MISC SHOP EXPENSES
SO CONTRACTING STORAGE VAN
SO CONTRACTING STORAGE VAN
SO CONTRACTING STORAGE VAN .
TIRE TOWN STORAGE VAN
TEX 20' STORAGE CONTAINER
T.BX 20' STORAGE CONTAINER
STIHL CONCRETE SAW 14-1611
STIHL 1'5510 HANDHELD CON 14"
BLOUNT 623G-14" GAS CHAlN SAW
Smn.. TSSIO HANDHELD CONCI4-16
STIHL TS46O-14 HANDHELD CONSA W
TS46G-14" GAS HH CONCRETE SAW
STIHL TSSI0 HANDHELD CONC 14"
SHORING 1NTL 8SDW82 TRENCH BOX
SHORING INTL 4SDW82 TRENCH BOX
AGL 7-MHI0DWMANHOLE BOX
E-612-SW.6'X 12' SINGLE WALL
TITAN TRANSPAC 6 X 8'TRENCHBX
AGL 7-N816DWTRENCHBOX
GME N-816-DW (8XI6) TRENCH BOX
MUNICIPAL SW 4MSW61 FOLDING TR.
OME N.I016-DW STEEL 10X16
GME-SN416 DW STEEL 4X16!RENC
GMB N816DW2'X16 TRENCH BOX
'927740 FORD NEW HOLLAND TRAC
FORD 9600 TRACI'OR
JOHN DEERE 5300 urn.. TRACl'OR
JOHN DEERE 820 FARM TRACI'OR
WACKERRAMMBR TAMP MODEL BS62Y
WACKER RAMMER TAMP MODEL BS62Y
WACKER RAMMER BS600 126-150#
WACKER RAMMER TAMP MODEL BS62Y
WACKERBS60YUS RAMMER TAMP
WACKERBS604 TAMP
WACKERBS604 TAMP
WACKER. TAMP
WACKERBS600 RAMMER 126. ISO#
WACKER RAMMER BS600 126-150#
'93 FORD F.2S0 PICKUP (WHITE)
'79 FORD FLATBED (WHITE)
'83 CHEV 0-70 DUMP TRUCK. white
. '98 CHEV CISOO X~AB PIU (WHIT
'87 INTERNATI. 1954 FLATBED
'86 CHEV C-30 SERV mUCK
'92 FORD EXPLORER blue
'99 FORD F2S0 4X4 (HUNTR GREEN
'96 CHEV K.1500 PIUP (green)
'8S FlSO SlCAB PICKUP silImsr
'94 FORD F1S0 KINGCAB . PINK
'83 MACK SUPERLINER redlwhitc
'85 MACK DM686S ROLLOFF
'96 MACK RD690S DUMP TRUCK
'96 MACK RD690S DUMP TRUCK
'00 FORD FlSO 4X4 PICKUP (whit
'99 INI'RNATI. SOOO 6X4 SBA DUMP
'79 CHEVROLET 2 TON GREASE TRK
'99 INTRNATL 5000 6X4 SBA DUMP
3
. 120/01
EOUlPMEN1 NUMBER
TR. 2813 .
TR 2881
TR 3041
TR 3226
TR. '. 3422
TR. 3640
TR 3827
TR 3922
TR 3988
TR 4180
TR 4468
TR 4531
TR 5308
\ TR. 5788
\, TR 6214
TR 6540
TR 6562
TR 6819
TR. 6992
TR. 7018
TR 7115
TR 7259'
TR. 7437
TR 7462
T.R 7591
TR. 7957
TR 815S
T.R 8171
TR. 8263
TR 8327
TR 9131
TR 9821
TR 9845
'IR. 9914
'IR. 9973
TR LO?7
TR L148
TR LS65
TR 1.631
TR M378
\
MABUS BROTHERS CONSTRUC'nON
EQtJJPMENT MAS'I'ERLlSTING
EOUIPMENT DESCRIPTION
'89 VOLVO/GMC LOWBOY TRACTOR
'99 CHEVY Sn.. VERADO (PEWTER)
'94 FORD F-lSO WHITE
'97 CHBV TAHOE 4DR (BLUE)
'00 CHEV CiS PICKUP (black)
'88 FORD F2S0 PICKUP (WHITE)
'85 FORD F2S0 PICKUP red
'85 FORD F600 GREASE (WHITE)
'70 FORD NSOO WATER'IR.UCK
'89 FORD F4S0 MECHANICS (WHITE
'99 CHEV CK 1500 PIU (PEWTER)
'87 FORD PICKUP (WHITE)
'95 WHITE FORD F.250 DIESEL
'00 FORD mo (harvest gold)
'9-1 FORD F3S0 CRBWCAB dk..green
'93 amv CORSICA.LT AUI'OMOBILE
'00 JEEP GRAND CHEROKEE
'95 CHEV 5-10 PICKUP silImaroo
'77 MACK. WATER TRUCK (YELLOW)
'96 FORD F3S0 (WHITE)
'85 MACK WATER TRUCK RED .
'71 MACK. DM600SX WATER TRUCK
'87 INTERNAn. S1900 SERV TRUCK
'96 FORD FIS0 (white)
'99'lNTERNAT'L 9300 6X4 TRACTO
'95 C-IS00 GREEN CHEVY s-cAB
'92 FORD corns PICKUP (white)
WMS-SCOTSMAN MOBn.B OFFICE
'97 FORD F-lS0 4X4 (MNLTBLUE)
'86 FORD PKP coms
'86 FORD coms MBCH TRK (whit
'96 CHEVROLET 1500 (white)
'97 CHEV CKI0753 PICKUP (TAN)
'91 FORD FISO gray
'92 FORD FlSO PICKUP black
'70 MCDANIEL DUMP TRAILER
'96 BREWER TRAlLER W11000 GAL
'94 FONTAINE TB-SO TRAILER
'99 PACE CS6125A TRAILER
'77 WILLIAMS OFFICE DBL WIDE MIl
4
. .:.':.'. 'f.-~{f~~r~~~~'~;+' ..
. .: ..' 2;.Af:::~": '.
Mabus Brothc:s Construction Company. me.
Balance Sheet
August 31, 2000
Assets
Cmrent assets:
Cash
Accounts n:ceivable:
Contracts in Progress:
Cm:rent (leSs allowance for doubtful
accounts of SI68,553)
1tetajnage
, Employees
. \. Cost and estimated earnings in excess
of billings on contracts in progress
Other cmrent assets
Total cUlTCnt assets
".
Fixed assets, net ?f depreciation
Notes receivable, related parties
Cash SlIImlder value. life insurance
Total Assets
Liabiliti~ llnd Stockholders Equity
Cumnt Liabilities:
Accounts payable
Retainage payable
Line of credit
Notes payable, cunent
Accmed salaries and wages
Defened n:venue
Other accrued expenses
Accrued income taxes
Billings in excess of cost and estimated
eamings on contracts in progress
Total current liabilities
\
Long Term Liabilities:
Notes payable, less CU1Tetlt maturities
Defemd income taxes
Total long tenn liabilities
Stockholder's Equity:
Common stock, S I 00 par value,
1,000 shares authorized, 300
shares issued and outstanding
Retained eamings
Total stockholder's equity
Total Liabilities and Stockholdets Equity
2000
$435,419
1,152,391
679.069
4,989
12,822
54.843
2,339,533
962,781
88,840
130,533
S3,521.687
S648,131
354,795
126,000
477,308
36,104
11,847
235,873
1,890,058
239,620
65,641
305,261
30,000
1,296,368
1,326,368
S3.521,687
. . . .
...', -
., .
. ..
. iit;;. : . )'.~:;.'/.::.'.iCj.r:'.~.:.~.;_;f_~,;.'.~~~.'r~.:.t_'~......'.~...:.:..::2.:........ ." ~~.:,~''''..'f';:, :.
:~'~-~;~~7"~'f~~.. "..:"; :.....;'..::...~.:\... ...:....... 'SI" .. ~~"ti;~~' ._.-
'. ..~ -;: .:.,...,:....-.':..... :.:. ,:'MabusBrothe:sConstm oD.:COmPmr,Inc.
Statement of OperationS and Changes in Retained Eamings
For the Years Ended August 31, 2000
. . ~I'~~it.~
- ~:-~~.~~.
2000
..
Construction contracts:
Billings
Less:
Direct costs
Indirect costs
$12,520,952
10,657,434
760,550
~\ \,
Construction contract income
"
1,102,968
\\
GeIii:raJ. and anmini!rtrative expenses
.:-0.
840,939
Income before provision for income taxes
262,029
Provision for incC?lI1e taxes.
Cmrent
Deferred
69,041
9,871
Net income for the period
183,117
Retained earnings, beginning of year
1,113,251
Retained earnings, end of year
$1,296,368
\
\\
7HIS CERTiFICATE IS TO BE POSTED IN A CONSPICUOUS PLACE IN THE BUSINESS HtREIN DESCRIBED.
BUSINESS
CEmIFICATE
AUGUSTA
THIS CERTIFICATE ED'1REs
-
ACCOUNT 2008#004549
ISSUE DA"It 0811212008
CERTIFICATE ISSUED IN NAME OF
MABUS.BROTHERS INC .
r
BUSINESS LO
920B MOLLY POND RD
CERTIFICATE ADDRESS INFORMA nON
MABUS BROTIIBRS INC
920 MOIL YPOND RD
AUGUSTA. GA 30901
2008
Il
MAILING ADDRESS INFORMATION
MABUS BROTHERS CONSTRUCTION CO me
TONMY MABUS
920 MOU.YPOND RD
AUGUSTA, GA 30901
THE liCENSE AND INSPECTION
DEPARTMENT SHALL HAVE THE RIGHT
TO SUSPEND ANY CERTIFICATE IF THE
BUSINESS VIOLATES ANY LAW OR
ORDINANCE OF THE UNITED STATES,
THE STATE OF GEORGIA, OR RICHMOND
COUNTY.
COpy
115183
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._ft'\.
CONSENT MEETING OF THE DIRECTOR AND SHAREHOLDER MABUS
BROTHERS CONSTRUCTION CO., INC.
The President called a meeting of the Director and Shareholder of Mabus Brothers
Construction Co., Inc., in lieu of the annual meeting of Director and Shareholder, for the purpose
of electing new Officers to the corporation. The meeting was held by consent ~t the offices of the
Corporation's attorney, Stanley G. Jackson.
The frrst order of business was the election of the director. By consent of the shareholder,
Tommy Mabus was.elected Director of the corporation.
The second order of business was the election of Officers. By consent, the following persons
were elected to the following positions in the corporation:
President Tommy Mabus
Executive Vice President Reginald Mabus
Associate Vice President Tara Mabus
Assistant Vice President Larry GoolSby
Assistant Vice President . Terry Mabus
Secretary Pat Mabus .
There being no fin1her business, the meeting was adjourned.
Consented to this 24th day ofFebruary.2004:
~~ -~~~-
TOMMY MAR S, Director and Shareholder
Certified as minutes of the Corporation:
e~~'1:::;
SEAL
GENERAL CONDITIONS
TABLE.OF CONTENTS OF GENERAL CONDITIONS
i ATtiC'll
- NUlTlbtr TIlft
1
. DEFINITIONS......... -...... . .. ... .. .. . , , .. .., .. .. .. .... ........ , ..
.PRELUlINARY MATTERS ...........,.,......................... ~.
. .-
CONTRACT DOCUMENTS:
INTENT. AMENDlNG AND REUSE... .....~....... ................
AVAILA81LITY OFLANDS: l?HYSICAL CONDITIONS:'
REFERENCE POINTS..................... .-,............,..........
BONDS AND INSURANCE....... .......-... ....... .........,:. .....
CONTRACTOR'S RESPONSIBILITIES .... ........................
. .
OTHER WO R.K ..............................,....:.................
OWNER'S RESPONSIBILITIES......-.. ............. ................
. -
- ENOINEER'S STATUS.DURING COl:/STRUCTlON ......:.......
CHANGES IN THE WORK ....,...............:..................... .
CHANCE OF CONTRACT PRICE..........;................. -......
- .'
CHANGE OF ~ONTRACT TIME.:............. ...........:........
WARRANTY ."'ND GUARANTEE-:TESTS AND
rNSPEcrIONS: CORRECTION. REMOVAL OR -
ACCEPTANCE OF DEFECTIVE WORK..... ,.....................
PA YMENTS TO CONTRACTOR AND COMPLETION :. ..........
SUSPENSION OF WORK AND TERMINATION ,....... ..........
- .
ARBITRATION....:......................... ........... ..... .......
MISCELLAN EO US .. ...... .. . ... .... .. ... .. . .. . . . .. , . ... . '.... .. .... ..
)
4
5 .
6
7
8
9 -
10
II
12
13
I~
15
16
17
POll'
7
8
9
10
II
14
18
.19
19
21
21
~4
24
26
29
31
32
INDEX TO GENERAL CONDITIONS
An;cie tir PtJI'alrapJr
Numb"
Acceptance of In,uranee ............................, .tlJ
.-\cceS! 10 tile Worle .............;.................... 13.2
Addenda-deftnition of (see detlnition of .
Specific.adons' ......................................... J
AlU'ccment--detlnition of ............................,... I.
All Risk Ins-urancc .....,.....................:..,...... 5.6
Amendment. Written .......................:..... l. ].1.1
Application for Payment.-:ic1inition of _ _ . . .. " .. .... .... I
App[ication for Paymcnt. Final ..... ..:..............14.12
Application for Prellfess Payment .................... [4.2.
Application for Progress Payrnent-revicw of .... 14.4-14.1
Artlicration .......................................:....... 16
Aulhorizcd Variation in Worle ......................... 9.$
. A vailabiIity of Land! .....,.. .. .. .. .. ... . ...... .. .. . '" 4. J.
Award. Notice of-..dedncd ....... ........................ I
Before Startinr Construction ...................... 2..5.2.7
Bid--deiinilion of ....................................... J
Bonds lllld Insurancc-in general ........................ 5
Bonds--delinition of........ ............................. 1
Bonds, Delivery of .............................._ 2.1.5.1
BO'ads. Performance and Other.................... S.I.S.l
Cash Allowances ..................................... 11.8
ChaniC Order.-:iednition of ..:......... .... .... . ......... I
Chanie Orders-{o be executed ...................... 10.4
Changes ill the Work ..: ........................ ......... 10
Claims. Waiver of-on Final Payment ............... 14.16
Claritica.(ionf and Interpretarions ...................... 9.'
Cleaning ...,......................................... 6.17
Coin):l ietion ... .. . .. .. .. . . , .. .... . . . .. .. . . . . . .. ... .. .. . ... ! 4
Completion. SUDstantial ....................:..... 101.8.14.9
Conference. Preconstruction .......................... 2.8
ContUet. Error. Difcrel'ancy-Con.tractor
to Report .,.... ......... ........................: 1.5. j.3
Construction Machinery. Equipment. etc. ............. 6.~.
'Concinuinr Work ...................................., 6.19
. Contracr Docul1'lents-.1mendins and .
supple;menring- .....,............................. 3.4-3.5
Contract Documcnt~ciinition of ...................... I
ConLraet Documents-Intent ...................... J.J~l.J
Contract DocumencS-Reu.:lc of ....................... 3.6
Contract Price. Chanic of .............................. II
Contract Price~eliniljon ............................... 1
Conlnlct Tune. Chanie of ............................ '.' 1 ~
Conlr.1Ct Time. Commencement of .................... ::,J
Contract Time-:le/inition oC ...........,................ [
Contractor-<tennition of .....,.....,.................... I
Contractor May SlOP Worit or Tenniniltc ............. I$.S
Contractor's Continuins Obligation .................. 1.4.15
Conrf'3ctor's DUI)" co Repon Di.sc:repancy
in DoctJment$ . ...... ........... ......... ....... :.5.3.1
Cantl'llctor's F~e-Cost Plus ... I 1.4.5.6. 11..5.1. 11.6.11. i
Contr:J.ctor's Li:lb i1ity Insuranl:e ....................... 5.3
COntr:l.CIOr"s Responsibilities-in general ................ 6
......
Conrractor's Warranty of Titlc..... .. ~. .. .. .... ... ..... 14.3
ConllAccors--othcr '. . . . ...... ..... .. " .. .. .. .. .. ... ,...., 7
Contractual Liability In!llrance ... .. .. .... .. .. ......... S.4
Coardinali"s Conuactor-dcftnition of ................ 7.4
Coordination .............................. ..... ....... 7.4
Copies o( Documenu ..........,.... .. .. .. ...... ..... .. 2.::
Com:ction or Removal of-oefective Work ........... 13.11
Cometio'n Period. One Year. ........................ 13.12
Cornction. Removal or Acceptance of DeCec:civc
Work-in seneral .................... ....... IJ.J1-[3.14
Cost-net d'ccrcase ............ ..... ...:..,......:... 11.6.1
CoSt of Work ..... ... .............,...... ....:... 11.4-IJ,J
Cos.ts: SupplcmenC2l .............. . .. .... .. .. .. . .... !l.4.j
Day.-:iennitioa oC . .. ..... .. ..... .. .. .. ........ .. .. .. .... I
D..f..criv~efinition of ......,.......................... I
Df!IClivl Work. Acceptance of...:........... ~..... [3.13
D'l..cliv, Work. COM'Cction o.r Removal oC .......... 13. I I'
DtftCI/v" Work-inlcnera! ............... 13.14.',14.11
Dlfler/vt Worle. Rcjectinl........;....~............... 9.6
Definitions ................... . .. . . '. .. . . : .. . . . . ... .. .. .. .. I
Delivery of Bonds ......,......................:. ........ 2.1
Dctennination for Unit ?rices ................... ...... 9.10
DispUtes. Decuionsby Enllineer ................. 9.11-9.J1
. ~c:umen[S. Copic's of ................................. 2.2
Documents, Record ................................,. 6.19
Documenu, ReU$e ....................................3.6.
Drawing~etinition of ..........:...................,.. I
wements .................. ,... ... .. ..... ...... .. .. . ... 4. I
Effective date of Ait'eement-4ctinition of..... .......... !
.Emergencies ...... ........ ...... ..... ~ .. .. ... .. . ....... 6.~
Engineer.-:ietinition of .......................,.......... T
Engineers Decisions ............................ 9.10.9.12
Engineer's-Notice Work is Acceptable ... .......... 14.13
Engineer's RecommendariO.1l of Paymellt ...... 14.... [.4.1.3
Engincer's Responsibilities. 'Umitations .
on ;., ............., 6;6,9.11 ,9.13-9.16,18.2
EnJineers Status DurinS ConstrUction---lD aenc:ra.l ...... 9
Equipment. Ubor, Materials and...... .... ......:. 6.3-6.6
EquiValent Materials lllld Equipment .................. 6.1
Explorations of phYsical conditions ............. . . .. .. 4,2
Fcc. Conlractor's-Com Plus ......... .. ......_....., 11.6
Field.Ordcr.-:ie/inition of ............................... I.
Field Order-i ssued by Engineer ................ 3..5.1. 9,.5
Final .",pplic:uion (or Payment ....................... 14.12
Final Inspection ~.................................... 14.11
Final Payment and .-\ccepcance ...................... 14. [.1
Final Payment. Recommendation of ". ..... ..... 14.13.14.14
General Provisions .............................. IT.J.11.4
General Requiremenls-deiinilion of.... .. ., ..... ........ I
General Requiremenls-princ:ipaj
references to ................. 2.6. 4.4, 6.4. 6.6-6.1. 6.~
~
Giving No[ice ......................................... J7.1
Guaranlee of Work-by ~onltac:tor .......... ...... .... IJ.I
Indemnification ..... .. .. .. .. .. .. .... .... .... ~.3Q.6.J2, 7.5
. Inspeclion, Final ..................................... 14.11
Iaspectian. Te!lS.lllId .........................;........13.3
Insurance, Bond! and-in scncl1l ..;.... ..... .. .. . ....... S
Insurance. Certillcates of ........................... 2.1,.5
InNrance-coml'lcled operacioDS '" . . . . . .. . . . . .. " . . .. 5.3
(nsurallce. Contractor's LiabililY ...................... S.3
flUurance. Contractual Liability ....................... 5.4
lD.sLJrance, Owner's Liability ........................~. 5..5
llUl1raJ1Ce. Property ......,....................... 5.6-5.13
Insurance-Waiver of Rights .....................,... 5.1 J
Intent of Contr;..-ct DocumenlS ................... 3.3,9.14
Incerpretations and Clarifications ................... ~.. 9.4
(nves lisadons o.t physieaJ condiliolU ". . . . . .. . . .. . . . ... 4.1
Labor. Malerials and Equipment ...,.............. 6.3-6.5 .
Laws and ReguJalions--dcftnition o( ..... . . . . ,... . .. .. '" I
L.aws and Regulations-general ....................... 6.14
Liability fnsllrance-Ccnttactor's ... '.' .. ........ . ..... .5.3
LiabilIlY Insunnce-Owner's ............... .......... 5..5
Liea!--delinitions.of ...................,............ f4.2
Umitlltions on Engineer's
Responsibililies .............:.......6.6, 9.J1. 9.13-9.16
Malerials and equipmenl-tUrnb/ted by Contractor.... 6.3
Materials and equipment-nol .
incorporated in Worle .............................. 14.2
Malerials or equipmenl~quivalenc ..;........,....... 6.7
MiseelIane ous Provisions ............................... 17
MUlti.prime ContractS .................................... 7
Notice. Givins of ..................................... 17.1
Norice of Acceptability oCProjecl .................... 14.13
Notice of Award--<1etinition of .......................... I
Notice 10 Procecd~elinilion of ............... ... .... ... 1
Notil;e 10 Proce'ed-Sivingof ........................... 1.3
"Or.Equal" Item! ... .............. ............... ...... 6.7
Other contractor! ............,............,..........;.. 7
Other worle ..... '" .. .; .. . . .. .. . ............... .. ..... ... i
Overtime Work-prohibilion of .... ................. ,... 6.J
Owner--definilion of .................... ................. 1
Owner May Correcl 1)~f~r:rill~ Work ................. IJ.14
Owner May Stop Work. . ... . .. . . .... .. .. .. . . ... ..... lJ. JO
Owner May Su.sl'end Work. Terminate .......... 15.1-15.4
Owner's DUlY 10 Execute Chanle Orders ............. II.S
Owner's LiabililY [/\Sumnce ........................... 5.5
Owner's R~pres~ntative-Engineer 10 serve liS .... .:.. 9.1
Owner's Respcn.sibilitil:~in general .................... 3
Owner's Scpa.r:llC Representative III sile ............... 9.J
PanialUtiJizalion ...... ........ .................... 14.10
PartiaJ UlilizDtion-4efinilion of ....... .. ... . .. .. .. .. . ... I
Partial UliliZlltil>n-Property Insurance ............... 5.15
Patenl Fees and Royallies ............... ...:.... . .. ... 6.1~
Payments. Recommendnlion of .... ....... 14.4-14.7. 14.13.
P:1ymenls 10 Cumr:lclor-in general ..................... 14
PaymentS 10 Contractor-when due . ........... 14.4, 14.13
PaymentS loContractor-wic.bholdins ................ 14.7
Pcrfonnance and. olher Bonds ..................... 5.1."2"
Permils ......... . .. . .. .. . .. . .. . ..,.. .. .. .. .... .. ... .... 6.13
Physic:u Conditions ................ .. .. ...... . ..... ..... 4.2
Physical Condiuon.,......Engineer's revic:w ..,.......... 4.2.4
Physical Condiclon~xistin&: StrumIt"Cs ... , .. ..... ... 4.2.2
Physical Condiljon~ltp!oradons U1d repons ....... 4.2.1
. ?~ysical Condition5-possiblc document change "'!' 4.2.1
Physica.I Conditiol15-pricc and time td)wcments .... 4.2..5
Physical Conditions-re~rt of durn, ............. .4,2.3
Physical Conditions-Underground facilities .... ...... 4.3
Preconmuction Conference ........................... 2.'
Preliminary Maiters .........:.....:..................... z
. Premises, Use of . .......,.......... ............. 6.J6-6.18.
Price. Change of Con~t ................"........;... II
Prlcc,Conlract--<1etinition of ............................ J
Progress Payment. Applications for. .. .. ....;... ...... J4.2
Progress Paymcnt-retainagc ..... ............ ........ 14..2
Progress schedule ............... 2~6. 2.9, 6.6. ~.29. 1.5.2.6
Projecr--deJlnition of................. ................... I .
Project Reprcsenrauon-provision for .................. 9.3
Project Representative, Resident-4eJinition o~ .......... I
Project. St:u1ing the .............................,..... 2.~
Property Insurance .............,.:... ............ .5.6--.1.1J
Propen:ylnsurance-Pactiaj Utili%alion ............... .1.15
Property Insurance-Receipt and Application
of Proceeds......,................... ..... ...~ .5.J2..5.J3
PrOlection. Safety and... ..... .... .... .. ....... ". 6.~.2J
Punch Ust ............................... ~........... 14.11
Recommendation of Paymel1t . .... ... ... ....... 14.4. 14.13
Rccord Documents ...:............................... 6.19 .
Reference Points ...................................... 4.4
Regulatio~. Laws and .............................. ~ 6.14
Rejecting D,I,eri'l, Worle ............................, 9.6
'Related WorlcatSlle .............................. 7.1-1.3
Remedies NOI E.tchuive ..... .......... ........ ...:.. 17.4
RemovaJ or Correction of D,/,cliv, Worle ........... 13.11
Resident Project Rcpreseniativc-deliniliol1 of ........... 1
. Resident Project .Represenwivc-provision for.... .. .. 9.3
Respons.ibilides. Conrractor's-in general ............... 6
Responsibilities. .Engineer's-in (cnera.l .................9
Responsibilities. OWner's-in general....... ... .......... 8
Rc lainage .. .. :. . . . . .. . . .. .. ... .. .. . . .. .. . .. . .. . .. .. ... ! 4.2
Reuse or Documents ..............,....~.............. ].5
. RiJhts of Way.. ... ... .. .. ....... . .. .. ...... ....... .. .. .$.1
RoyaJties. PlIlent Fees and ........................... 6.12
SaferyandProteclion....... 6.20-6.21,18.1-18.2
Samples .......................................... 6..23-6.18
Schedule of proBJ'C:!S ..... .... ~.6, 2.3-2.9, 6.6. 6.19. I5.~.6
. Schedule of Shop Drawini
. submissions ...................... 2.6.2.3-1.9.6.23.14.1
Schedule of values ... ................... 1.6.2.8.2.9.14.1
Schedules. Finalizing ...... .. .. . ........ .. . . .... . ... . ... 2.9
Shop Drawings and Samples......... .. ........... 6.23-6.18
Shop Drawings-delinition'of ..;......................... 1
Shop Drawings. Use to approve
subsd[Utions ................................:..... 6.7.3
5
Site, Visils tD-by Ena:illccr ............................9.2
SpccUicalion5-<letinition of ... .~......... .............;.. )
Starting Con.strUction. Before.. ... . . ...... . . . . .. ... 2.5-2.8
Slarting the Project ........;..;............. '.. .. .. .. . .... 2.4
S 10 pping W orlc-by Coli tractor ................. .. . . ..' 15.5
Slopping Work-bY Owner .......................... 13.10
Subconuactor~dnirioD of ... ....... .. . ... . . . . .. . . . . ... 1
Subcontractors-in general ....................... 6.8-6.11
. Subconttacts-required provisions .............5.11.1. 6.11
1l.4.3
Substantial Completioo-c:enification of ..,........... 14.8
S ub*tanual Comph:tion-defioitioll of. .. .. . .. .. . . . . . . . ... [
Substitute or "Or-Equal" Items ....................... 6.1
Subsurface Conditions ,........................ . . .. 4.2.,4.3
Supplemental costs ..........................,...... 11.4..5
Supplementary Conditions-deftnition of . ~. .. . . . . . .. .. .. I
Supplementary Condition$-priilci~
references to .. 2.2,4.2.5.1.5.3. .5.6-5.8, 6.3. 6.13.6.23, '
, 1.4,9,J
SuppJemerlling COlluaet Documents ............... J .4-3.5
Supplicr~etinition of....... .......... .. .'.. ... . .... .!.... I
Suppiier-principIJ refcrences to ... 3.6.6.5.6.7-6.9.6.20.
6.24. 9.13.9.16. 11.8; 13.4. 14.12
Surety--<:onsent to payment .... ..,........... _. 14. f2, ]4.14
Surcty-En,ineer has no duty to ........... . .... . . .... 9:] 3
Suret)'-l1cllice to ... ........., .. .... ... . ... 10.1. 10.5, l.S.2 .
Surety--qWllftication of ....................:...... 5.1,-5.2
SuspendinS Work. by Owner.......................... 15.1
Suspension of Work and Tennination-in .cncral ....... I.S
Supenntcndcr.lt--Contn.r:tor's ...... .'.................. 6.:!
Supervision and S~erintendence .... ....... .... ... 6.1-6.2
Tues-PaymeR[ by ConU'actor .. . .. ... . ~.... .. ... .. .. 6:]5
TerminatioD-by Contractor.... . .. .... . ....... :.. . ... 15.5
Tenninatio~by Owner... .... .. ...... .. ........ 15.2'.15.4
Termination. Suspcn.sion of Work and-in general ...... IS
, TestS and Inspections ........................... 13.3-13.7
Time. Ch~ge of Contract .....;.. ~.... .. . ..... .... ..... 12
~.,,' .
Time, Computation,of ................................17.2
Time. Contract~efinition of............................ (.
Uncoverinl Work ......~........................ 13.8-13.9
UndergrOund FllcHilies-<lctinition Of.................... I
Underground Facilitie$-llot .sbown, or indica~ed ..... 4.3.2
Undervound Facilities-protectioll of ... .. ~..... 4.3, 6.20
UriderlJ'OUnd Facilities-shown or indicated ......... 4.3.1
Unit Price Work-detinition.of ..............,........... I
Unit Price Work-aeneraJ .................11.9,14.1. 14.j
Unit Prices'....... ..'................................ 11.3.1
Unit Prices. Determinations for. . .... . ... .... ......... 9.10
Use of Premises ................................. 6.1~.18
Utility own~n .. .........;..........'.... 6.13.6.20.7.2-7.3
Values. Schedule of ......................... ,2.6.2.9.14.1
Variations in Worle-Authorized ............ 6.1j, 6.17. 9.J
Visit.! to Sile-by Engineer .........::.................. 9.1
W;Uver ofClaims-on Final Payment....... ........... 14.16.
Waiver of Rights by insured panies ............,. S.lO. 6.11
Warranty and Guarintee-by ConU'3Ctor ....:.... .... 13.1
Warranty of Title. Contractor'! ...................:... 14.3
Worle. Access to ...:.............,.....................13.2
W orlc""'-by others .......................... ~ . . . . .. .. .. . .. 7
Worle Continuing During Disputes ................... .6.29
Work. COSt of ... ... .. .. . . ...... .... ... ... ... ..... 11.4...1- 1.5
Worle--4efinition of ...................................... 1
. Work Directive Change-<letinition of .... . . ;.....,...... 1
Work Direcdvc Change-princ:ipal .
references to ............:............... ~ .4.3. 10.1-10.2
W orle, Neglected by Contractor ... . .. . .. ~ .. .. .. .. ... 13.14
Work. Slopping by Conuactor ....... . .... ............ 15.5
Work. Stoppin, by Owner. ......."..~.. ........ 15.1.15.4
Written AmendmenC....;.definitio!1 of ...........;.......... I
Written Amendment-principal
refcrcnccsto ..................... 3.4.1. 1'0.1, 1 J.~, 12.1
6
GENERAL CONDITIONS
.-\RTICLE I-DEFINITIONS
Wherever used in these deneral Conditions or in the other.
Contract Documenu the following terms have the me:lnings
indicnted which are applicable 10 bOlh the singular and plural
thereof:
Acldt""C/~.wrillen or graphic instruments is~ueu prio(to the
opening of Bids which clarify. correct or change the bipding
documcnu or the Contract Documl!nts. .
r1krtemmt- The written agreement between OWN ER anu
CONTRACTOR covering the Work to be performed: other
Comract Documents are aUllched to the ."gteement nnd made
a part thereof as provided therein. .
r1pplir:C/liwl j;Jr Paytlltllr- The form .accepted br. ENGI.
NEER which is to be used by CONTR."CTOR in requesting
progress or final paymencs and whic:h is to include. such sup.
poning documentation' as is required by the Contract
Documents.
Bid-The offer or proposal of the bidder. submiucd on. the
prescribed form setting fonh. the prices for the Work co be
perfonncd.
BaIlDs-Bid. performance and payment bonds and other
instruments of securic>',
Change Order.-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes.l1n addition. deletion or revision in the Work. or o.n
adjustment in the Conrracr Price or the Contract Time. issued
on or after the Elfecti\'t Dare of the Agreemenr.
ConrmC'1 DOt'l/lIlrnts- The.Agreement. Addenda I Which per-
taiit ro the Cummcc Documents!. CONTRACTOR's Bid
I including document~uion accompllnying the Bid and any post~
Bid documentation submiucd pnor"to the Notice of AWlIrdl
when l1uaehed as an exhibit to, the Agreement. the Bonds.
these Gl:nel1l( Conditions. the SuppJemenlllry Conditions. the
Specifications and (he Drawings 115 rhe slln:te are more spe-
ciliclllly identified in [he Agreement. togerherwjth ull am~nd-
menu. modilications and supplemenu issued pursuant to
paragrnphs JA and 3,.5 on or ufter rhe Effective Dute of the
Agreement.
CcJlrtrC/('1 Prier-The moneys payable by OWNER to CON.
fRACTOR untler the Contmet Documents as stated in the
Agreement Isubjcct to rhe provisions of paraglilph 11.9.1 in
Ihe case of Unit Price Work).
Cwrrrt/(.[ TiI/lC'- The number of tlays lcompu[ed as proviued
in pnt:lgrnph 17,~i or Iht unte swted in rhe Agreement for [he
completion of [he Work.
CONTRA.CTOR_ The person. firm or corpor..llion Wilh whum
OWNER hu.~ entered into the ,-1..greemenl.
cleferll\'e-An adjectjve which whel1 mO<Jifying the word Worle
refers to Work that is unsatisfacto ry. faulty or deficient. or
docs nol conform [0 the Contract Documents. or does not
meet the requirements orany inspection. reference standard.
test or approval referred to in the Conil1l,ct Documents, or
has been damaged prior io ENGINEER's recommendation
of final payment I unless responsibility for ihe protection lhereof
has been assumed by OWNER at Subslllntial Completion in
accordance with paragraph 14.8 or l4.101.
Drr/lI'ings- The ~/il.wings which show che: character llI1d SCDpe
of the Work 10 be performed and which hllve been prepared
or approved by ENGINEER and are ref(rred to In the Con-
tract Documenls.
EffUli"f! Dcm "{lite AXftemelU-Thc date indicated in lhe
Agreemenc"on which it becomes.effective. but ifno suc~ date
is indiclIled it means [he date on which the Agreement is
signed and delivered by the last of the two panies 10 sign and
deliver.
E.VGINEER'"-The person:lirmor corporation!lamedas such
in lhe Agreemenr. . ..
Field Order-A wrilten order issued by ENGINEER which
orders minor changes in the .Work in accordance witll para- .
graph 9.5 but which does nOI involve a change in the COnCl1lCI
Price or the Contracc Time.
Gt!neral Reqllrrrmellfs--Sections of Division I of lhe Speci-
fications.
Laws and'Reglllaricmi: Laws orRegllllllrolls-Laws. roles.
regulations. ordinances. codes and/or orders.
. NUlice of A't'ard-Thewrit[en notice by OWNER to the
apparent successful bid~er s[at!ng that upon complia.nce by
the apparenlsuceessful bidder with the conditions precedent
enumerated therein. within the time specified. OWNER will
sign and deli\'er the .-'\greement.
.NU1{C:~ fO Proc:red-A 'wnlCen notice given by OWNER (0
CONTRACTOR (with acopyto E~GINEERI t1xingthc dllte
on Ivhich the Contrnct Time win comm~nce to run llnd on
which CONTRACTOR shall stan to perform CONTRAC.
TOR'S obliglltions under the Contract Documents.
OWNER-The pUblic. body or authority. corporation. lISSO.
cilllion. firm or person with whom CONTR..I"CTOR has I!ntl!!'I':d .
into the Agreement and for whom the Work is to be pro\'jded,
Pllfrial Utili;:aricJII-Placing a ponion of the Workin service
lor the purpose {or wh.ich it is inlended lor a relatedpurposel
before reaching Substantia! Completion for lIlIlhc Work.
Pro/ul- The coud construction of which the Work. co be
provided under lhe Contrnct Documents may be the whole.
or a parr as indiclltc:u elsewhere in the Contract Documents.
R~sidel/t Pmj!!"t Rc'pre.ft'l/t(/(il't'-The authorized rcpresen.
l:llive of ENGIN E ER who ill as.,ignc:d to the sile or anr part
thereof. .
7
Shop D,.awinVt-AlJ drawings. diagrams. illustrations,
schedules and othcr ~ata which are speciftca.lly prepared by
or for CONTRACTOR to iUu!trUe some portion o/the Work
and aU illustrations. 'brochures, sa.ndatcl schedules. perfor-
mance charts, insmJctioos. diagnunu.nd othednfomtarfon
prepared by a Suppliennd submitted by CONTRACfOR to
illustrate material or equipment for some pot:tion ofth e Work.
Sptr:ifir:atioM-Those pornOR! of the Contract Documents
consisting ,of written, technical descriptions of materials,
equipment. constrUction symm!. standards and workman.
ship as applied,to the Work and certain administrative details
applicable thereto. .
Subcontractor-An individual. finn or corporation havina a
direct contract with CONTRAcrOR or with any other Sub- "
contractorfor tbe performance of a pan of the Work at [he
site. .
SubstarlliaJ Comp/~rio~ The Wort (or a spec:mcd part thereot)
has progressed to the point where. in the opinion of'ENGI-
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion, it is sufllciently complete.' 111
LCcordance with the Contract Documents. so that the Work.
(or specitied part) can be utilized fo'r the purposes for which
it is intended; or if there be no such certificatc i-'Sucd. whcn .
final payment is due in accordance with par8gIilph 14.13. The
terms "substantially complete" and "substantially com-
plcted" u applied to any Worle refer (0 Substantial Comple-,
tion rhcreof.
juppl~mt1irary Conditions-Thc pan of the Contract Docu-
ments which am'ends or supplements' these GeneraJ Condi-
tions.
Sllppllu-A manufacturer. fabricator. supplier. distributor,
materialman or vendor. .
Ulld~r;round Faci/illu-A11 pipelines. conduits. ducts. cablcs.
wires. manholcs. vaults. tanks. tunncls or olhcr such facilities
or auaC"hments. and any encascments concairting such Cacil-
ities which have been instaUed underground to furnish any of
the fOllowing services or materials: elccmcilY, gases. stcam.
liquid pctroleum products. telep/zonc or other, communica~
[ions, cable tclevision. sewage and drainaic removal, traffic
or othcr control systems or water.
Vllit PriCt Work-Work to be paid for on the basis of unit
prices.
Work-The entire completed connruction or the various sep-
arately idcntifiable pans thereof required to be furnished
under the Contract DOcuments. Work is the result of per.
fonning ~ervicu. furnishing l~bor and furnishlns and incor-
poratins male rials and equipment into the construction. all
a:! required by the Contract Documents. .
Work D{rtctiv~ Chang'-A wrinen directive to CONTRAC-
, TOR. issued 011 or after,the Effective Date cjf the Agreement
and signed by OWNER and recommended by ENGINEER.
......
orderins an addition. deletion or revision' in the Work. or
responding to ditfering or unforeseen physical conditions under
,:OVlUch the Worle is to be performed u prtlvided in plrilltaph
4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
Directive Change !JUly noc chanse the Contract Price or the
Concract Time. but is evidence that the partics eXp~t thal
the chanse directed or documented by a Work Directive
Change will be incorporated in a subsequ'ently issued ~bange
Order following negotiations by the parties as to it! effect. if
any I on the Contract Price orCont~t rune as provided in
paragraph,lO..!.
W,.irttn A.m~ndmtnt-A written amendment of.the Contract
Docurnenu. Jignecl by OWNER and CONTRACTOR 011 or
after the Effective Date of tbe Agreement and nomm.Uy de.a.l-.
inr with the nonengineerinl or nonteehnical rather-than strictly
Work-related aspects oCthe Contract Documents.
, ARTICLE 2-PRELlMINARY MAnERS
~.
D.U'l'ry 0/ Bow:
2. f. When CONTRACTOR dclivers the executed AlJt'ee-
ments to OWNER, CONTRACTOR sball ilso deliver to
OWNER such Bonds as CONTRACTOR may be requited to
furnish in accordance with pU'3iE'3ph 5.1.
Copi.s of DocsurmllS:
2.2. owNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the SuppLementarY Con-
.dilions) of the Contract Documents as are reasonably nec-
essary (or the execution of the Work. Additional copies will
be furnished. upon request. at the eost of reproduction.
COmmtnC6/'IUnl 0/ Contract Tim.: No!ieHQ Prouui:,
2.3. The Contract Time will comment:e to run on the
thirtieth day after the Effective Date of tfJe Agreement. or. if
a Nodce to Proc~ed is lPvcn. on .che day indicated in the
NOliee Hi Proceed. A Notice to Proceed may be liven at any
time' within lhirty days after the EIJ~tive Dale of the Asree.
menl. In no event will the Contract Time commence to run
later than the seventy.fifth day after thc day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlicr.
SIJUtin, rhe Proj'et:
:2.4. CONTRACfOR shall sIan to perfonn the Work on
the dale when the Contract Timc commences to ron. but no
Work ,shaH be done at the site prior to the date on which the
Contract Time commences 10 run.
B 'fort SIDrtin, C OMtnlCUon:
2..5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinenl figures shown
8
I ...
, "'
THE AMERICAN INSTITUTE OF ARCHITECTS
Bond No. 6578662
AlA Document A312
Performance Bond
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name and Principal Place of Business):
Mabus Brothers Construction Co., Inc.
920 Molly Pond Road
Augusta, GA 30901
OWNER (Name and Address):
Augusta-Richmond County
Safeco Insurance Company of America
Safeco Plaza
Seattle, WA 98185
,GA
CONSTRUCTION CONTRACT
Date:
Amount: $348,950.00 Three Hundred Forty Eight Thousand Nine Hundred Fifty Dollars and 00/100
Description (Name and Location): Lover's Lane Evacuation Route, Augusta-Richmond County, Georgia
BOND
Date (Not earlier than Construction Contract Date):
Amount: $348,950.00 Three Hundred Forty Eight Thousand Nine Hundred Fifty Dollars and 00/100
Modifications to this Bond: ~ None D See Page 3
CONTRACTOR AS PRINCIPAL
Company: (Corporate Seal)
Mabus Brothers Cons ction Co., Inc.
SURETY
Company:
Safeco Insuranc
'-
(FOR INFORM A TION ONL Y - N
AGENT or BROKER:
Willis
1441 Main Street
Columbia, SC 29201
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party) :
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.w., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984
1
" ~
1 The Contractor and the Surety, jOintly and severally,
bind themselves, their heirs, executors. administrators.
successOlS and assigns to the Owner for the performance
of the Construction Contract, which h.. incorporated herein
by reference.
2 11 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
Surely 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 Ihe Surety to be
held not later than fifteen days afler receipt of such
notice to discuss methods of performing the Construc.
tion Contract. If the Owner, the Contraclor and the
Surety agree, the Contractor shan be allowed a reason.
able time to 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 Contrador Default and
forma!ly terminated the Contractor's right to complete
the contract. Such Contractor Default shall not be de.
e1ared earlier than twenty days after the Contractor and
the Surety have received notice as provided in Sub-
paragraph 3.1; and
3.3 The O\vner has agreed to pay the Balanc:e 01 the
Contract Price to the Surety in accordance with the
terms of the Construction Contract or to a contractor
sc1ected to perform th~ Construction Contract in accor.
dance with the terms of the contract with the Owner.
4 When the Owner has satisfied the conditions of Para.
graph 3, the Surety shall promptly and at the Surely's ex.
pense 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 Construe.
lion Conlract UseH. Ihrough its agents or through inde.
pendent 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 Con.
struction Contract. arrange for a contract to be pre.
pared for execution b)' the Owner and the contractor
selected with the Owner's concurrence, to be secured
with performance and payment bonds eXKuted by a
qualified ~urcty equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in ex-
cess of the Balance of the ~ontract Price incurred by the
Owner resulting from the Contractor's default; or
4,4 Waive its right to ~rform and complete, arrange
for completion, or obtain a new contractor and with
reasonable promptness under the circumstances:
.1 After investigation, determine the amount (or
which it may be liable to the Owner and, as
soon as practicable .-sher the amount Is deter.
mined, 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 fifleen 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 Ownef shall be entitled to enlorce 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 pari, without further notice the Owner shall be
entitled to enforce any remedy availabSe to the Owner.
6 Afler the Q\'mer has terminated the Contractor's right
to complete the Construction Contract. and if the Surt>ty
elects to act under Subparagraph 4.1, 4.2. or 4.3 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 shalt not be greater than those of the
Owner under the Construction Contracl. To the limit ofthe
amount of this Bond, but subject to commitment by the
Owner of the Balance of the Contract Price to mitigalion of
costs and damages on the Construction Contract, the Sure.
ty is obligated without duplication for:
6.1 The responsibilities of the Contractor for correc-
tion of defective wor$c and completion of the Construe.
tion Contract;
6.2 Additional legal, design professional and delay
costs resulting from the ContractOj's Default, and reo
suIting from the actions or faiJure to act of the Suret)'
under Paragraph 4; and
6.3 L1quldaled damages, or if nO liquidated damages
are specified in Ihe Construction Contract, actual dam.
ages caused by delayed performance or nOlrperfor.
mance of the Contractor,
7 The Surety shan not be liable to Ihe Owner or others for
obligations of the Contractor that are unrelated to the Con.
struction Contract. and the Balance ollhe Contract Price
shall not be reduced Of 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, admini~trators or successors.
8 The Surety hereby waives notice of any change. includ-
ing changes of time. to lhe Construction Contra<:t or to
related subcontracls, purchase orders and other obliga-
tions.
9 Any proceeding. It.sat or equitable, under this Bond
may be instituted in any court of com~tent juri~diction in
the location in which the worx Of part of Ihework is located
and shall be inst,tuted \vithin two years after Contractor
Default or within two l-ears after the Contractor ceased
working or within two years after the Surety refuses or fails
to perform ilS obligations under this Bond, whichever oc.
curs first, If the provisions of this Paragraph are void or
prohibited by law. the minimum period of limitation avail-
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE.. N.w., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 2
able 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 sig-
nature 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 con-
forming 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 Con-
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
tractor 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, re-
duced by all valid and proper payments made to or on
behalf of the Contractor under the Construction Con-
tract.
12.2 Construction Contract: The agreement between
the Owner and the Contractor identified on the sig-
nature page, including all Contract Documents and
changes thereto.
12.3 Contractor Default: Failure of the Contractor,
which has neither been remedied nor waived, to per-
form 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 Con-
tractor 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
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
SURETY
Company:
(Corporate Seal)
Signature:
Name and Title:
Address:
AlA DOCUMENT A312. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 1984 ED.. AIA@
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006
THIRD PRINTING. MARCH 1987
A312-1984 3
Bond 6578662
PAYMENT BOND
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): SURETY:
Safeco Insurance Company of America
Safeco Plaza, Seattle, WA 98185
Mabus Brothers Construction Co., Inc.
920 Molly Pond Road
Augusta, GA 30901
OWNER (Name and Address):
Augusta-Richmond County
,GA
CONSTRUCTION CONTRACT
Date:
Amount: $348,950.00 Three Hundred Forty Eight Thousand Nine Hundred Fifty Dollars and 00/100
Description (Name and Location): Lover's Lane Evacuation Route, Augusta-Richmond County, Georgia
BOND
Date (Not earlier than Construction Contract Date):
Amount: $348,950.00 Three Hundred Forty Eight Thousand Nine Hundred Fifty Dollars and 00/100
Modifications to this Bond: D None
CONTRACTOR AS PRINCIPAL
Company:
Mabus Brothers Constr
Signature:~
Name and
(FOR INFORMATION ONLY-Name,
AGENT or BROKER:
Willis
1441 Main Street
Columbia, SC 29201
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 ifthe Contractor:
2.1 Promptly makes payment, directly or indirectly, for all
sums due Claimants, and
2.2 Defends, indemnifies and holds harmless the Owner
Page 1 of3
S-2149GE 012008
SURETY
OWNER'S REPRESENTATIVE (Architect, Engineer or other
party):
3
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.
With respect to Claimants, this obligation shall be null
XDP
and void it 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 furnished to the Contractor.
5 If a notice required by Paragraph 4 is given by the 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
S-2149GE 012008
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 otherwise have obligations to Claimants
under this Bond.
10 The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders and other obligations.
11 No suit or action shall be commenced by a Claimant under this
Bond other than in a court of competent jurisdiction in the location
in which the work or part of the work is located or after the
expiration of one year from the date (1) on which the Claimant gave
the notice required by Subparagraph 4.1 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 (1) 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 Contraetor 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 the 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 ofthe 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.
Page 2 of 3
. .
. .
MODIFICATIONS TO THIS BOND ARE AS FOllOWS:
Sub paragraph 4.3 is added as follows:
4.3 Claimant has furnished to Surety proof of claim duly sworn to by Claimant, along with adequate supporting documentation which
proves the amount claimed is due and payable.
Paragraph 5 is amended as follows:
5 If a notice required by paragraph 4 is given by Owner to the Contractor and to the Surety, that is sufficient compliance.
Paragraph 6 is deleted in its entirety and the following is substituted in its place:
6 When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of
claim requested by the Surety, the Surety shall, within a reasonable period of time, notify the Claimant of the amounts that are undisputed
and the basis for challenging any amounts that are disputed, including, but not limited to, the lack of substantiating documentation to
support the claim as to entitlement or amount, and the Surety shall, within a reasonable period of time, payor make arrangements for
payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge its obligations under this
paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by
the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to, or right to dispute such claim.
Rather, the Claimant shall have the immediate right, without further notice, to bring suit against the Surety to enforce any remedy
available to it under this Bond.
(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:
Signature:
Name and Title:
Address:
S-2149GE 012008
Page 3 of 3
S-0974/DS 4/05
WEB PDF
. .
. .
..~
POWER
OF ATTORNEY
Safeco Insurance Company of America
General Insurance Company of America
Safeco Plaza
Seattle, WA 98185
KNOW ALL BY THESE PRESENTS:
That SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF AMERICA, each a
Washington corporation, does each hereby appoint
"'PAMELA BRANDT; HEIDI K. HARRELL; BRAD LORENZml; JAMES M. MALONEY; CYNTHIA M. PARTIN; Columbia, South Carolina....
No.
9721
its true and lawful attorney(s)-in-fact, with full authority to execute on its behalf fidelity and surety bonds or undertakings and other
documents of a similar character issued in the course of its business, and to bind the respective company thereby.
IN WITNESS WHEREOF, SAFECO INSURANCE COMPANY OF AMERICA and GENERAL INSURANCE COMPANY OF
AMERICA have each executed and attested these presents
this
6th
day of
April
2007
~Jfr~
STEPHANIE DALEY-WATSON,SECRETARY TIM MIKOLAJEWSKI, SENIOR VICE-PRESIDENT, SURETY
CERTIFICATE
Extract from the By-Laws of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA:
"Article V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice
President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as
attorneys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and
other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing
such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or
undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced;
provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking."
Extract from a Resolution of the Board of Directors of SAFECO INSURANCE COMPANY OF AMERICA
and of GENERAL INSURANCE COMPANY OF AMERICA adopted July 28,1970.
"On any.certificate executed by the Secretary or an assistant secretary of the Company setting out,
(I) The provisions of Article V, Section 13 of the By-Laws, and
(ii) A copy of the power-of-attorney appointment, executed pursuant thereto, and
(iii) Certifying that said power-of-attorney appointment is in full force and effect,
the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof."
I, Stephanie Daley-Watson , Secretary of SAFECO INSURANCE COMPANY OF AMERICA and of GENERAL INSURANCE
COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By-Laws and of a Resolution of the Board of Directors
of these corporations, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By-Laws, the Resolution
and the Power of Attorney are still in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation
this
day of
~Jfr~
STEPHANIE DALEY-WATSON, SECRETARY
Safeco@ and the Safeco logo are registered trademarks of Safeco Corporation.
Ihereon and all applicable tield measurements. CONTRAC.
TOR shall prompcly report in writing 10 ENGINEER any
contlict. error or discrepancy which CONTRACTOR may
discov:er and shall obcain a written interpretation or clarili-'
cation from ENGINEER aetore proceeding with any Work
affected thereby: however. CONTRACTOR shall nOI be lia-
ble to OWNER or ENGINEE~ for failure to repOI1 any
contlicl. error or discrepancy in che Contract Documents.
unless CONTR.-\crOR had nctual knowledge Ihe~ofor should
reasonably ha\'c known thereof.
:!.6. Within len davsnfler the Effective Date oClhe Agree-
ment Cunless otherwise spc:citied in the General Require-
menes!. CONTRACTORshnl1 submil 10 ENGlNEER for
revie w:
2.6.1. an es~imaced progress sche'dule indicating Ihe
starting and compl~lion daces of the various stages of the
Work:
.:!.6..:!. a preliminary schedule o( Shop Drawing sub.
missions: and '.
1.6.3. a preliminary schedule of val.ues (or all of Ihe
Work which will include quanlities and prices of items'
aggregating the Contract Price and will subdivide [he Work:
into componem parts in sufficienl detail to serve. as the
basis for progru.5' pa.yment.. during c:onsr.t'Uction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Worle which wilt be'con-
firmed in wriring by CONTRACTOR at the lime. of sub-
mission.
~.7. Before any Work at thc site is started. CONTRAC-
TOR shall d~Ii\'er [0 OWNER. wilh a copy to ENGINEER.
ceriificales land other ~vjdence of insurance requested by
OWN ERI which CONTRACTOR is required 10 purchn..se and
maintain in accordance with paragraphs SJ and 5.4, and
OWNER shall deliver to CONTRACTOR certifica.tes rand
other I!vidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
~cordance with paragraphs. 5.6 arid.5. 7.
Prrconstruc.riDII Con/trene,:
~.8. Within Iwenty days after the Effective Dare I)f che
Agreemenl. bur before CONTRACTOR startS the: W\)rk al
(he sit-e. II cont'l:rence lllCended by CONTRACTOR. ENGI.
NEER and I.lrhers as ilpproprillle will be held 10 discuss (he
schedules n:t~rred 10 in paragrnph 2.6. ro discuss procedures
for handling Shop Drnwings and other submit[nls and for
processing Appliclltions tor Payment. and to esrabfisha working
understanding among (he parties as to che Work.
Finali::ing Sc/t,du{,s:
~.9. .-'.t I~a:it [en duys before submission of [he: Iirs[ Appli-
c:uiun for Purinenl :1 conference lluended by CONTRAC.
TOR. EN GIN EER nnd uthers as appropriate will b~ hl!hJ to
finaliz~ Iho: ~..:h~dules :lubmiCled in accordunc!: wirh p:lr.l-
Vaph 2.6. The finalized progress Hhedule will b~ acceptable
10 ENGINEER as providing an orderly prouession of [he
Work (0 completion within Ihe Conlract Time. hut such
acceptance will neither impose on ENGINEER responsibility
for che progress or scheduling of the Work nor relieve CON-
TRACTOR (rom full responsibility.therefor. The finalized
schedule of Shop Drawing submissionswi[J be accep(able to
ENGINEER as providing a workable arrangement (or pro-
cessing the submissions. The finalized schedule of values will
be acceplable: to ENGIN EER as 10 form and subslnnce.
ARTICLE 3-CONTRACT DOCUMENTS: INTE:-lT.'
. AMENDING. REUSE'
1 nUnl:
3.1. The Conlract Documents comprise Ihe entire agree.
ment between OYlNER and CONTRACTOR conc~ming Ihe
Work. The Contract Documents are complemen(ary: whal is
called for by one is as 'binding as if called {or by all. The
Contract Documents will be construed in aC"cordance wilh
rhe law of [he place of (lte Project.
J .2. I[ is Ihe intent oflhe COrllract Documen[s 10 describe
a funcrionally complete Project lor part rhereot) (0 be con-
structed in accordance with rhe Contract Documents. ..~ny
Work. materials or equipment [hat may ~3.5onab[y be inferred
'from th~ Contract Documenls as being required to produce
the intended result will be supplied whe Iher or not specifically
cailed (or. When words which have: a well.known lechnical
or trade'meaning are used 10 describe Work. materials or
equipment such won:ls shall be interpret cd in accordance with
Ihat meaning. Reference to standard specHicarions. manuals-
arcodes of any technical society. organization orassocilltion.
ono the Laws or Regulations of any governmen[alauthori[y.
Whether such reference be specific or by implication. shEIl!
melll1 the larest slandard specificajion; manual. code or Lnws
er Regulations in effect al [he tim~ o( opening uf Bids (or. on
the Effective Dale oC tne Agreement if there \\Iere no Bidsl.
except 115 may be otherwise specjlically slllted. However...no
provision of any referenced slandard specification. manual
or code (wherner or not specifically incorporaled by reference
in the Contract Documents) shaH be effective 10 cha.nge the
duties and responSibilities of OWNER. CONTRACTOR or
ENGINEER. or Ilny of their consultants. Dgents or employ-
I!esfrom lhose Set fonh in the COOll11et DocumenlS. nor shllll
it be effective to ilssign 10 ENGIN EER. or any of ENOl.
. NEER's consultants. agents or employees. any duty' or
authority to supervise or direct (he furnishing orperformnnce
of the Work or a.ny duty or DUI1tOriry to undertake re:spunsi-
bililY controry 10 Ihe proviliions of pllr.lgraph 9.15 or 9.16.
Clarifications and inrerprelations of Ihe Con!rncl DocumenlS
~hall be issued by ENGINEER as provided in paragraph 9.4.
3..3. If. during [he performance ot' Ihe Work. CONTRAC.
TOR finds a contlict. error or discrepancy in Ihe Cuntr.lct
Documents. CONTRACTOR shnll so report [0 ENGINEER
'n writing ul once and before proceeding with che Work atTectctl
rhereby sholl obtnin u wril[en in'(crpretlllion ur clurincr1rion
9
from ENGINEER: however. CONTRACTOR shall not be
liabie 10 OWNER or ENGINEER for f;i.ilure to rcpo" any
conflict. error or discrepancy in the Contract Documents
unless CONTRAcrOR had actual knowledge thereof or should
reasonably have known thereof.
Am,ndinr and SUppum,titinr Co.nl1'4Cl POClIorMnu:
3.4. The Contract Documents may be amended to pro-.
vide for add.itions. deletions and revisions_ in the Work or to
modify the terms a.nd conditions thereof in one or more oC
the following ways:
3.4.1. a formal Written Amendment.
3.4..2. a Change Order (pursuant to paragraph 10.4).
or
3.4.3. a Work nifective Change (pursuant to para~
graph _10. I)..
As indicated in paragraphs I I.:! and.12.1.-Comract .fIrice and
Contract Time may only be changed by a ChangcOrder or a
Written Amendment.
3.5. In addition. lh.e requirements of the Contnlct Docu-
ments may be supplemented. and minor variations and devia-
tions in the Work may be authorized. in one or more of the
following ways: -
3..5.1. a Field Order (pursuant to paragraph 9.5).
3..5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphS 6.26 and 6.27), or
3..5.3. ENGINEER's written interpretation or c1ari1i.
cation (pursuant to paragraph 9.4).
R,lU, of DDcum,nu:
3.6. Neither CONTRACTOR not' any Subcontractor or
; Supplier or other person or organiZation perfomiinl or fur-
ni.shing any of the Work under a direct or indirect coh~t
- with OWNER shaIl nave or acquire any title; to or ow.nersbip
rights in any of lh.e Drawinas. Specifications or oth-er doc;u-
ments (or cOpies of lny thereoO prepared by or bearing the
scal of ENGINEER: and Lhey shall not reusc any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
veri1ication or adaptation by ENGINEER.
. .
ARTICLE 4-.A Y AILABlLITY OF LANDS; PHYSICAL
CONDITIONS: REFERENCE POrNTS
.J.,4iW1iJiry of l.4ntU:
4.1. OWNER shall furnish. as indicated in the Contract
. Documents. the lands upon which the Work is to be per-
, fanned. rights-of.way and easemen15 for access thereto, and
_..J'
such other lands which are desisnalcd ror the use of CON-
TRACTOR. Easements (or pennaneltt structures or perma.
gent chanses in existing facilities will be obtained a.nd paid
for by OWNER. unless otherwise provided in the Cont~t
- Do<:ument~. If CONTRACTOR beJievesthar any delay in
OWNER's fumishins these lands. righu.:of-way or ease.
ments entitles CONTRACTOR to III extension of the Call-
tract Time. CONTRACTOR may malte a claim thereCor as
provided in Article 12; CONTRACTOR shall. provide fQr all
additionalland~ and-access thereto that ma.y be required (or
te_mporary constT\Jction facililies or stonge of mare"als and
equipment.
P IrY!JkaJ C onJUUJ1Is:
4.2.1. Exp[oraliollS'and Reporfs: Reference is made
to the Supplementary Condirions foridentitication of mas I:
reporU _or explorations and tesTS of JUbsurface conditions
. at the site that have been utilized by ENGINEER in preJ)-.
antion of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data ~ntained in
such reporu. bUI-not upon nontecnnical data."imerpreta-'
tions or opinions contained therein or for the completeness
thereof for CONTR.-\CTOR's purposes. Except as' indi.
cated in the immediately precedin, sentence and in p~-
graph 4.2.6. CONTRACTOR shall ba ve full responsibility
with respect LO. subsufface conditions at the site._
4.2.2. Exurini Srructurtl: Reference is made 10 the
Supplementary Conditions for identification of titan
drawings of physical conditions in or relating to exist!n,
surface and subsurface structures (ex.cept UnderiJ'ound
Facilities reCerred to in paragraph 4.3) which are a.t or
contiauous to thc'site that have been utilized by ENGI-
NEER in preparation orthe Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data. contained in such drawings. but not for.the complete..
ness Ihe~of for CONTRACTOR's purposes. Except as
indicated in .the immediately precedins sentence and in
paragraph 4.2.6. CONTRACTOR shall have full respon.
sibility with respect to physical conditions in or relatinl
to such S(T\Jctur.es.
4.1.3. R.tpon of Dlfftring Conditions: If CONTRAC.
TOR believes that;
4.1.3.1. any technical data on which CONTRAC.
TOR is entirled to rely as provided in paragraphs 4.2.1
and 4.1.2 is inaccurate. or -
4.2.3.1. any physical condition uncovered or
revealed at the site differs materially from that indi.
cated. retlectcd or referred to in the Contract Docu-
ments.
CONTRACTOR shall. promptJy after becoming _aware
thereof and before performing any Work in connection
lherewith (except in an emergency as -permitted by para-
graph 6.211. notify OWNER and. ENGINEER in writinS
about the inaccuracy or difference.
10
.l.2..L ENGINEER's R.1!,'i~II': ENGINEER will
promptly review lite peninent conditions, determine the
necessity of obtaining additional e:<plorations or tem with
respecl [hereto and advise OWN ER in writing (with a copy
10 CONTRACTOR' of ENGINEER's findings QIld con-
clusions.
4.:U. PO.r.rih{t' Dammtnr C!wnge: If ENGINEER
conclude.s Iha( (here is a material error in the Contract
Documenls or lhllt because of neWly discl)vered condi~
rions lI. chanic in the Contract Documents is required. a
Work Directive Change or a Chl1ngc Order will b.e issued
as provided in Arriele 10 co re~ect. and document Ihe
consequences of Ihe inuccuracy or difference.
4..:!.6. Possible Price t/11d Tilllt AdjllstmenlJ: In each
such case. an increase or decrease in [he Conlract Price
or an e:<tension or shonening of the Contract Time. or any
combination thereof. will be allowable to the e:uenllh!lt
the)' are ;mributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable 10 agree as 10
Iheamountorlengih thereof. a claim may be made Iherefor
as provided in Articles II and 11.
Physical Conditionr-{;ndtrground Fat:i'iti~s:
4. J.I. Shol\'n Qr ludicated: The information aild data
shown or indicated in [he Contract Documents Wilh respect
to existing U rid ergrourid Facilities at or conliguous to llie
sile is based on infonnation and doca furnished co OWN ER
or ENGIN EERby che owners of such Underground Facil-
ities or by others. Unless ic is olherwise expressly pro-
vided in the Supplementary Conditions:
0.1.1. OWNER and ENGINEER shall nOI be
responsible for che accuracy or 'completeness of any
such infornllllion Dr daca: and,
~.3.1.::!. CONTRACTOR shall have tull responsi-
bilicy for reviewing and checking all such information
and daca. for locllting aU Underground Facilities shown
or indicaced in the Conlrncl Documents. for coordina-
lion of the Work wich t~e owners of such Underground
Facilities during construction. for the safety nnd .pro-
(eetion thereof .115 provided in paragraph 6.:!O and
repairing llny damage chereto resulting from che Work.
the cost of all of which will be considered as having
been included in the Contract Price.
~.J.1, Not SJWII'I/ fJr JmJicuttd_ If on Underground
Facility is uncovered or revealed a( or conciguou! to the
sile which Was nOl shown or indicaled in the Contract
Documenls and which CONTRACTOR could ntH reason-
abfy have been e:cp,:cled to be aware of. CONTRAcrOR
shall. promplly offer becoming awore Ihereot' and before
perforrrting :1I1y Work affected thereby (except in aRemer-
gency as permitted by pllragrnph 6.~:!I, idenlify the owner
of such UnLlo:rground Facilicy Ilnd give written notice thereof
[0 Ihat OWn.:r and tu OWNER anu ENGINEER. ENOl.
N EER will promplly review [he Unuerground Facility Co
.:~. '.
determin.e the ex lent 10 which tbe Conlract Documents
should be modified (IJ rellecl and document tbe Conse-
quences or[ne e:<istcnce of the Underground Facility. and
the Contr-act Documcnu will be amended or supplemented
to the e.:<tenl nccessnry. During 5Uc:f1 lime. CONTRAC~
TO~ shall be responsible for [he 5ilfety and prolec:tion of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed ail increase in tbe Con-
lract Price or an extension of the Contract Time. or bOlh.
co the e:< lent that they are attributable to (he.~'(istence of
any Underground Facility that was not shown or indicllted
in Ihe Concrnct Documents and which CONTRACTOR
could not reasonably have been e~pecled to be aware of.
Ifthe panics are unable to agree lIS [0 th~ amounl or length
thereof. CONTRACTOR may mak:e a claim therefor as
provided in Articles J I and I:!.
R~f~rtnct Pain/I:
~.4. OWNER s/laJlprovide engineering surveys co estab-
lish reference points for construction whichin ENGlNEER's
judgmen~ are necessary to enable CONTR..1,CT9R to proceed
with the Work. CONTRACTOR 5haJl be responsible for lay-
ing OUt the Work lunJess olherw.ise specified in Ihe GerJeraJ
Requirements), shall protect and preserve the established
reference points ilnd shall ma~e. no changes or relocations
without Ihe prior Writteno.pproval of OWNER. CONTR.-'.C.
TOR ~hllll re~rT 10 ENGINEE.R whenever any reference
point is lost or deslroyed or requires relocation because of
necessary changes in gl1ldes or locations. and shall be respon-
sible for the accurale replacement or relocation of such ref.
ererJce points by professionally qualified personnel.
ARTICLE 5-BONDS AND fNSURANCE
P'rformancI and Otlr,r Sands:
5.L CONTR.o\CTOR shall furnish performance and pay.
ment Bonds. each in an amount at least equal to lhe Comract
Price as security for [he faithful performance and payment of
3.11 CONTRACTOR's obligations under tlte. Coml1lce Docu.
ments. These Bonds shall remain in effect at least undl olle
year after lhe date when.linnl payment becomes due, except
as otherwise provided by uw or Regulaiion or by lhe Con.
Cract Documents. CONTRACTOR shall also furnish .such
other ~onds as are required by the Supplemenmry Condi.
lions. AH Bonds shall be in the forms prescribed by Law or
Regulation or by the Conlrac:c Documents and be executed
by such sureties as ClJ"e named in (he: current list of "C.om-
panies Holding Certificates ofAulhority as Acceptable Sure.
ties on Fcdernl Bonds and as Acceptable Rdinsuring Com- .
panics" as published in Circular 570 ramended) by the Audit
Staff Bureau of Accounts. U.S. T~easury Depanmenc. All
Bonds signed by an llgenc must be accompanied by a cenified
copy of the ilUthorit~. to acl.
5.:!. If the !iurel~' on any Bond furnished by CONTRAC.
TOR is declared II bun'knJpl or becomes insol vent orics rignt
I~do businus is lerminaceu in any stllte where any pnn of
11
the Projecl is localed or It cease! 10 meet Ihe requirements
of paragraph 5. I ~ CONTRACTOR shall within live days
.thereafter subsliru~e another Bond aIld Surety, both of which
must be acceptable 10 OWNER.
c QIIlrrZCUJr 1 UDbililJ IfIJlUtlnc,:
S.l CONTRACTOR shall purcha!c and maintain such
comprehensiYe genera! liability and other insurance as is
approprial~ (or !be Work being performed and furnished and
a.s wiu provide protection from. claims set forth below which
may we OUt of or result from CONTRACTOR's perfor-
mance and furnishinl ofche Work lnd CONTRACTOR's
other obliptions under the Conlract Documents. whether it
is to be perfonned or furnished by CONTRACTOR, by any
Subcoatt1ctor. by anyone directly or indirectly employed by .
any of them 10 perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compen-
sation. disabililY benetiu ai1d other similar employee ben-
efit aCI1: .
5.J.2. Claims for damages because of bodily injury,
occuparional sickness or disease. or death ofCONTRAC.
~~~~~: .
5.3.3. Claims for damages because of bodily injury,
sickncss or disea,e. or death of aay person ocher than
CONTRACTOR's emplorees:
5.3.4, Claims for damares insured b.y personal injury
liabilily coverage which are. sustained la) by any person
as a rClulf. of an offense directly or indirectly related to
the employment of such person by CONTRACTOR. or
Cb) by any other person for aay olher reason:
5.3..5. Claims for damaics. other tnan to the Work
itself'. because oCinjury to or destruction oCcangiblc prop-
eny wherever located. includinl loss of use reSUlting
therefrom:
5.3.6. . Claims arising OUlol operation of Laws or Rell-
uJadons for damages because of bodily injury or death o(
any person or for damage to property: and .
5.3.7. Claims for damJlgcs because of bodily injury or
death of any person or property damage arising oue oflhe
ownership. maintenance or USe of any motor vchicle.
Tbe insurance required DY this parallraph 5.3 sball include
me specific coverages and be written (or nOI less than the
limiu of liabilit.y and coverage! provided in che Supplemen-
tary Conditions. or required by law, whichever is greater.
The comprehensive genera.! liability insurance shall include
completed operations insurance. AU of the policies of insur-
ancc so required to be purchased and mainlained (or the
cenificates or DIner evidence thereoO shall contain a provi-
sion or endarsemenl that the coveraie aiTorded will not be
cancelled, malerially chanlled or renewal refused until at least
thirty days' prior written notice bas been given to OWNER
and ENGINEER by ccnified mail. All such insurance shall
.. rC~n in effect until final payment a.:ad at all times thercaitct
when CONTRACTOR may be cQrTectini. removing or
replacing defecti...~ Work in acc.ordancc with para8J'llph 13.12,
In addition. CONTRACTOR shall maintain such completed
operations insurancc (or at Icut two years after final payment
and furnish OWNER With evidence af continuation of such
insurance at final payment and one year thereafter.
COnlrrlctwU LiJzJJiJiry lIUUI'4IIC,:
504. The comprehensive generaJ liability insurance required
by paJ:3graph 5.3 'will include contnct1:laJ liability insur2nce
applicable 10 CONTRACTOR's Obligations under paragraphs
6.30 and 6.31. . .
Olll",r: Lillbi1J.ry insurane,:
5.5. OWNER shall b~ re~onsible for purc,hasing and
maintaiiIini OWNER's .own liability insurane'e and. at
OWNER's option. may purchaSe and maintain such'insur.
ance as will protect OWNER againS( cla.ia1s which may arise
from operations under Ihe Contracl D~cuments.
Prop,rty I nlwane,:
5.6. Unless otiierwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work Al the sile [0 the full insunble vaJuc
thereo{ (subject 10 such deductible amounts as may be pro-
vided in the Supplem.entary Conditions or required by La'!Vs
and Regulationsl. This insunnce shall include the intcresu
of OWNER. CONTRACTOR. Subcontractors, ENGINEER
and ENGlNEER' s consultants in th e Work. all of wl10m shall
be listed at insureds or additional insured parties. shall.insure
against the perils of tire and .extended coverage and shall
include "all risk" insurance for physical loss and damage
including theft. vandalism and malicious mischief, colJap-sc
and water damage, and suc!1 other periIs as may be provided
in the Supplementary Conditions. and'shall include damages.
losses and expenses arisil18 OUI afar rcsuJtinc from any insured
loss or incurred in Ihe repair or replacement of any insured
property (inclUding but not Umited to fees and charges of
engineers. architccts, attorneys and other professionals!. If
not covered under the '~all risk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchase and maintain similar propeny insurance on portions
of the Worle stored on and affthe site or in transit when such
po.nions o{ thc Worle are to be included in a.n Application for
Paymcnl.
5,7. OWNERshaJl purchase and maintain.such boiler and
machinery insurance or additional. prOperty insurance as may
be required by the Supplemenlary Conditions or Laws and
Regulations which will include the interests of OWNER.
CONTRACTOR. Subcontractors, ENGINEER AND
ENGINEER's consultllnts in the WQrlc. all of whom shall be
listed as i~surcd or additional insured parties.
12
5.8. All the pOlicies of insurance (or the certitlcates or
other evidence lhereof) required' to be purchased and main-.
tained by OWNER in accordance with parugnphs 5.6 and
. .s.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused uncil at least thirt}' dllYs' prior written notice has been
given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
5.9. OWN ER shall not be responsible for purchasing and
maimaining 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 .1055 within the
deductible amount. will be borne by CONTRACTOR. Sub.
contractor or others suffering any such loss and ifany of them
wishes property insurance covernge within thc.limits of such
amOUnts. each may purchase !lnd maintain it at the purchas-
er's own e:<pensc.
5.10. If CONTRACTOR requestS in writing that other
special insurance be included in Ihe property insurance pol-
icy. OWNER shall. if possible. include such insurance. and
the COSI thereof wiII be charged 10 CONTRACTOR by appro-
priate Change Order or Written l\mendmenl.Prior 10 com-
mencement orlhe Work at the site. OWNER shall in wriling
advise CONTRACTOR whclher or nOI such olher insurance
has been proc~red by OWN F.:~.
Wail/II' of Rirh/~..
S.II.I. OWNER and CONTRACTOR waive all righls
against each other for all losses llnd damages caused by
any of the perils covered by Ihe policies of insurance
. provided in response [(I paragraphs 5.6 and 5.7 and any
other property insurance applicable 10 the Work. and also
waive all such nghts against Ihe Subcontractors. ENGI-
NEER. ENGlNEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11. each sub.con-
lract between CONTRAqOR and a Subcontractor wiII
conlain similar wai.ver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGlNEER. ENGI.
NEER's co.~sultD.ms and all other parties named as insureds.
None of the nbove waivers shali extend 10 Ihe rights that.
an}' of the insured parties may have 10 1111: proceeds of
insurance held by OWNER as trustee or olherwise P!1Y-
~ble under uny policy so issued.
5.11.2. OWN ER and CONTRACTOR intend lhat any
policies pro~'ided in res'ponse to parugrnphs .5.6 and 5.7
shall profect all of the parties insured llnd provide primary
COveroge for all losses and damages enused by Ihe perils
covered Ihc:rC:by. Accordingly. all SLlch policil:s shall con.
tain prOvisions 10 the dfeCI thaI in the evenluf payment
of :lny loss ur damll!!!: lhe insurer will have no rights of
reco~'ery a!!;Iin~t Cloy of the parties nllmcu as insureds I.lr
addlrionul insureds. ilnd if Ihe jnsur~rs require 5Cpllr.llC
wail'c:r forms lO be signed by ENGINEER or ENGI-
NEER's cllnsull.unt OWNER will obcuin the ~ume. and if
such waiver forms are required or any Subeonrractor..
CONTRACTOR will obtain the same.
RICfipt and A.pplication of Procudr:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and "made payable to OWNER as trustee forthe
insureds, as their inlerests may ~ppear, subj~ct to the require,
menu of any applicable mortgase clause and of pantgraph
5.13. OWNER shall deposit in a sepaliJte accouni any money
so received. ilnd shall distribute it in ilccordance with such
.. agreemenc as [he parties in interest may reach. If no olher .
spe.cial allrecmerlC is reached Ihe damaged Work shall be
repaired or replaced. Ihe moneys so received applied on
account t.hercof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power [0 adjusc and.
settle any loss wilhlhe insurers unless one of the parties in
interest shall object in Writing within fifteen qays after" the
o.ccurrence of loss to OWNER's e;(ercise of This power. If
such objection be made. OWNER as lrustee shall ~ake set-
tlement with the insurers in ac:cordance wilh such agreement"
all the pan:iesin interest may reach. Ii required in wriling by
any pan:y in interesl. OWNER as truSlee shall. upon lhe
occurrence of an insured loss. give bond for the proper per-
formance of such duti~. .
A.c~IplJSnce allnsul'ant:,..
5.14. IrOWNERhas any objection to thecoverageafforded
by or olher provisions of the insurance required to be pur.
chased and mainrained by CONTRACTOR in accordance
with pa~graphs 5.3 and 5,4 on the basis ories not complying
Ivith the Conlract Documents. OWNER shall norify CON.
TRACTOR in writing thereof within [en days of the date of
delivery of such certificates to OWNER in accorda.nce with
paragraph .!. 7. If CONTRACTOR has any objection to the
c(lverage afforded by or other provisions of the policies of
insurance.required to be purchased andlllaincainedbyOWNER
in 'accordance wilh paragraphs.5.6 and 5.7 on the basis of
their not complying With the Contract Documents, CON-
TRACTOR shall nOlify OWNER in writing thereof wilhin ten
days of lhe date of delivery of such ccni/icates to CON.
TRACTOR in accordance with paragnpn .!.7. OWNER and
CONTRACTOR shall each provide [0 lhe other such addi-
lional information in respeCI of insurance provided by each
U Ibe other may rell50nllbly request. failure by 0 WNER or
CONTRACTOR fo give any such notice of objection within.
the time provided shall conslitute acceptance of such insur-
. ance purchased by [he other as complying with Ihe Contracl
Documents.
Parti41 Utili:J1tiDn-PI'Dp'TT)'!murc,nct:
5.15. If OWNER rinds it necessary 10 occupy or use :)
portion or porlions of rhe WlJrk prior to Substantial Comple.
tion of all the Wurk. such use or occupllncy may be accom-
plished in accordance wirh paragraph /4.10: provided that no
13
such use or. occupancy ~haJI commence before the insurers
providing the. property insurance have acknowledged notice
thereoland in Writing effected the ehanl!e~ in coverage neces'
~itated thereby. The insurers providing the property insur.
ance shall consent by endorsement on the policy or polic;ies,
but the property insurance shall not be canceiled or lapse.on
account oC any sucl'l panial Use or o<:cupancy.
ARTICLE 6--CONTRACTOR'S RESPONSIB lLITIES
Sup,rriritJII anti SlI.plriJau1UJ.nc,:
6.1. CONTRACTOR shall supervise and direct the Work
competently and effjciemly. devouns such attention thereto'
and applying sucb skills .and expertise as maybe necessary
10 perform the Worle in accordance with the Contract Doc.
uments. CONTRACTOR shall be solely responsible for th~ .
means.. method!. techniques. sequences and procedures of
constrUction. but CONTRACTOR shall not be responsible .
ror the negligence of others in the design 01' selection of a
specillc means, method. technique, sequence or procedure
of consti'Uction which is indicated in a.nd required by the
Contract Document.s. CONTRACTOR .shall be responsible
10 see that the finished Worl( complies accurately with th~
Contract Documents. .
6.~. CONTRACJOR snalllceep on the Work at all times
during its progress a competent resident supcrinu~nden[. who
shall not be replaced without written notice to OWNER aad'
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's represcnl,ative at
the site and shill have authority to act on behall' of CON.
TRACTOR. All communications given to the superintendem
sha!! be a$ binding as if given to CONTRACTOR.
WOf', ,!.1llllri.als and Equipmellt:
6.3. CONTRACTOR shall provide competent. suitably
quaJitic'd personnel to survey and lay OUt the Work and per-
(orm construction as required by the Contract Documents.
CONTRACTOR shaD at all limes maintain good discipline
and order at the site. Except in connection with the safety or
protection of penons or Ihe Work or property at the site or
adjacent [hereto. and except as otnerwi.se indicated in the
. Contract Document.s. all Work at the site shall be performed
during relulu working hours. and CONTRACTOR will not
permit overtime worle or the performance of Work on Sat-
urday. Sunday or any legal holiday without OWNER's writ.
ten consent given af:ter prior wriltcn notice to ENGINEER.
6.4. Unless otherwise spccified in the Gener'lll Require-
ments. CONTRACTOR shall (umish and assume CuI/respon-
sibility for all materials. equipment, labor. transpon.ation.
construction equipment and machinery. tools, appliances.
fuel. power. light. heat. telephone. water. sanitary Cacilities.
temporary facilities and all otller facilities and incident:a.Js
necessary ror the Jurnishing; performance. testing; start.up
and,completion ofthe Work.
......
6.5. AU materials and equipment shall be of good quallty .
and new, except &s otherwise provided in the Contract Doc.
'lIments. If required by ENGINEER. CONTRACTOR shall
Curnisn 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 instnlctions of the applicable Supplier except.as
otherwise provided in the Contr'llct Documents; but no pro-
vision of any such instnJctions will be etTcctive to assign to
ENGINEER. or any of ENGINEER.'s ccinsultant.s. ag.ents or
employees. any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author.
icy to undertake respo.nsibtlity contrary 10 the provisions of
paragraph 9.15 or 9.16.
Adjustin, ProgTl's Sch,duu:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated. in paralr3ph 2.91 adjust-
ments in the progress schedule to reflect the i~act thereon
of. new de...~lopments; these win conform generally to the
progi'eS! schedule then in effect and additionally will comply
with any provisions of the General RequirementS applicable.
ther~to.
. Sub,ItlUt'l or "Or.Equm" /tl11ll:
6.7.1. Whenever materials or equipment are specified
or described in the Contnet Documents byusiJlB the name
of a proprietary item or the name of a panicular Supplier
the naming of the item is intended 10 establish the type.
Junction and quality required. Unless the name is followed
by words indicating that no substitution is pennin:ed.
materials or equipment of other Suppli en may be accel'led
by ENGINEER if sufficient inFormation is submitted by
. CONTRACTOR to allow ENGINEER to detennine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEE~
will include the following as supplemented in the General
Requirements. Requests for review of substitute items o(
material and equipment will not be accepted b~ ENGI.
NEER from anyone other than C;ONTRAcrOR. lrCON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof,
certifyins: that the proposed substitute will perform ade.
quately the functions and achieve the results called for by
the genenl design. be similar and of ellual substance to
Ullit 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 wiH not prejUdice
CONTRACTOR's achievem~nt 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 (or work on the Project) to
adapt the design to the proposed substitute and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license fee or
14
royalty. All varillcions afrhe proposed .wbscicuce from chat
specified will be idencilied in Ihe application and available
mainlenance. repair and replacem~nr service will be indi.
clued. The application will al.H).coneain :In icemized esli- ..
mate of all coses rhat will result dir~t(y or indirectly from
accepcance of such subslieule. including cosCs of redesign
and claims of olher conrr:.lcrors affecred by the resulting
change. all of which shall be considered by ENGINEER
in evaluaring rhe proposed subsciruce. ENGINEER ma~'
require CONTRACTOR co furnish ar CONTRACTOR's
expense addieional dala about the. proposed SUbsliruce,
6.7.1. If a specific means. method. technique. sequence
or procedure of construction is indlcllted in or required br
lhe Cuntracc Documents. COt';TRACTORmay furnish or
utilize a substiture means. mechod. s.equ~nce. lechnique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submirs sufficienr informacion to allow
ENGIN EER to decermine that Ihe substituee proposed is
equivalent co thac indicated or required by lhe Conlract
Documenls. The procedure for review by E:-IGINEER
will be similar 10 that provided in parngraph 6.7: I as applied
by ENGINEER and as may be supplemented in the Gen-
ualRequirements.
6.7.3. E:-IGINEER ~~iJl be allowed a reluonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of ncceptability. and no
subslituce will be ordered. insta.lIed or utilized without
ENGlNEER's prior written acceptance which will be e\'i-
denced by either 11 Change Order or an approved Shop
Drawing_ OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's e;tpense llspeciaJ performance
guarantee or olher surelY with respect to any substicute.
ENGrNEER wj/[ record time required by ENGIN EER
and ENGINEER's consullants in eVll:uating SUbslitutions
proposed by CONTRACTOR and in making changes in
the Concraet Documents occasioned thereby. Whecher or
not ENGfNEER accepr~ II proposed subSlitUle. CON-
TRACTOR shall reimburse OWNER lor the charges of
ENGINEER and ENGINEER.s consultants for evaluat-
ing !loch proposed substituce.
Corrr:tl'lring S ubcantracron. S upplitrs anti Olht!rs:
6.8. J. CONTRACTOR shall noc employ anr Subcon-
. lrllctor. Supplierorolher person ororgnnizalion I including
those accepr:able to OWNER llnd ENGINEER as indi-
Cllled in purugraph 6.8.:!}. whelher initiully or :IS 0. substi-
tUle. against whom OWNER or ENGIN.EER may ha\.~
rellsonable objection. CONTRACTOR shall nOl b~ requi~d
10 "t'mploy :InY Subcontractor. Supplier or olh~r person llr
orgoniZaCion 10 furnish or perform any oflhe Work againsl
whom CONTRACTOR has reasonable objeclilln.
6.8.1. If the Supplemenlary Conditions r~quire th.:
identity of ct:ltain SubconlraCtors. Suppliers llr other per-
sons or organizD.tions rincluding those who llr~ to furni:;h
the principnl items of materials and equipment)lo be suh-
milt~t.Itl.) OWNER in advance oftMe specified dart prior
[0 the Err~t:tive Dat~ of che Agreement for act,;c::pUlnce by
OWNER and ENGINEER .and i{ CONTRACTO~ h~
submiued a list thereof in llccordance wich the Supple-
mentary Conditions. OWNER'sor ENGINEER's accepl-
ance {either in writing or by failil1g to make written objec-
tion thereto. by lhe uale indicaled for accepulOce or objet-.
cion in the bidding documents onhe Conrracc Documen131
of any such Subcontracror. Supplier or other person or_
organization so identified may be revoked on rhe basis of
rellSonable objection a.fcer du e invesrii!llian. in whic:h C1Se
CO~TRACTOR shall submie aC! a.tceptable.substiujce. rhe.
Contracl Price will be incre:lSecJ by the difference in .Ihe
cost occasioned by such subsrinuion and an appropriale
Change Order will be issued or Wiltlen Amendment signed.
No acceptance by OWNER or ENGINEER of any such
'Subcontroctor. Supplier or I,)ther penon or organization
shallconstitule a waiverofanyrighlofOW.NERor ENGI-
NEER to reject de/le/il'f! Work,
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENOrNEER for all aces and omissions of the Subcon-
tractors. SupplIers. and orh.er persons and orl!'lnizalions per-
forming or furnishing any of the Work under a .dirtict or.
indirect commcr wilh CONTRACTO~ juS[ as CONTRAC-
TOR is responsible for CO NTRA'CTOR 's own acts and omis.
sions. Notlting in the Conlracl Documenls shall .create any
contracculll relalionship belween OWNER or ENGINEER
and any such Subcontraccor. Supplier or other person or
organization. nor shall il creale any obligation on rhe pert of
OWNER or ENGlNEER to payor to see. to the paymenc of
any moneys due any such Subcontractor. Supplier or ocher
person or organization e~cept as may otherwise be required .
by Laws and Regulations.
6. 10. The divisions and seccions of the Specifications and
the identifications of any Drawings shall not c'onrrol CON.
TRACTOR in dividing [he Work among Subcontractors or
Suppliers or delineating lhe Work to be perfonned by any
specific crade. .
6. J I. All Work p~rformed for CONTRACTOR by il Sub.
conlractor will be pursuant to an appropriace ~greemenl
between CONTRACTOR and lhe Subcontractor which spe-
cifically binds che Subconlrnctor to rite applicable terms and
conditions of the Conlmcc DocumenlS for the benefic of
OWNER and ENGINEER and conrains waiver provisions
as required by pal'llgraph 5. J I. CONTRACTOR shall pay
elicit Subcontraclor n juS( share of any insurnnce moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to pllragraphs ~.6 and 5.7.
Pai'nt Fret and Royaltits:
6.12. CONTRACTOR shall pay nil license fees and roy-
alties and L1s::;Ume all casls incident to the US~ in the perfor.
mance of the Work or the incorporation in the WLlrk uf any
invention. design. process. product or device which is Ihe
subject or pntenc rights or capyright.s held by olhers. rr Q
purticular invenlion. design. proce:!s. produc[ ur device is
specified in che CUnlrllC[ Documenl:; for use in the pertor-
manCe o{the Worl<and irlO thellctullI knowledge oFOWNER
f5
or ENGlNEER its usc is subject to patcnt rights or COil Yriglus
eaJJing for the payment o(any license fee 9t'royaley to others.
the existence of such rights !Jball be disclosed by OWNER in
the Conuact Documents. CONTRACI'C)R shall indemnify
and hola l1~es! OWNER and ENGINEER and anyone
directly or indirectly employed by either of them from and
ap.inst aU cJaims, damqes, Josses and expenses (including
attorneys' fees illld court and arbitration casts) msiD, out of
, any infringcment of patent rights or copyrights incident to
the use in the pcrfonnll.llce of the Work or reSulting from llte
incorporation in tile Worle oCany invention. design. process,
product or device not specified in llte ConlJ'act Documents,
and shall defend all such claims in connection willt illJY alleged
infringement of such rights.
P~nnilz.. '
6.13. Unless otherwise pro~ided in l11e Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
Sll1lctioll permits and licenses. OWNER sliaU assist CON-
TRACTOR, wben- necessary. in obtaining such permits Ind
licenses. CONTRACTOR sbalJpay all goVernmental ch41'1es
andinspcction fees neccS!JaC'y for the prosecution of che Work.
which are applicable at the time o{opening of Bids, or iftherc
are no Bids on tbe E.tf'eetive Dare oC the Agreement. CON-
TRACTOR shall pay all charges oC uri!ity owners Cor con-
nections to the Worle. and OWNER slWl pay all chilies of
such utility owners for capital casu related thereto such ~
- pllUl~ investment fC(!,.
LilWI and RrgulaJioru:
6,14.1. CONTRACTOR shaH give all notices and
comply with all Laws and Regulations applicable to fur.
nisbing and performance of the Work:. Except where oth.
erwise ex_pressly required by applicable l.a.ws and Regu-
lations. neith er OWN ER nor EN GINEER shall be respon-
sible for monitoring CONTRACTOR.scompliance with
any Laws or Regulations.
6.14.2. If CONTRACTOR observes that the Specifi-
cilions or DraWings are at variance wilh any Laws or
Regulations. CONTRACTOR shall give ENGINEER
prompt written notice lttereof. and any necessary changes -
will be authorized by one of the methods indicated in
Paragraph 3.4. If CONTRACTOR pcrfonns any Work
. knowing or having re330n to know that it is contrary [0
such Laws or Regulations. and without such nocice to
ENGINEE.R, CONTRACTOR shall, bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make cenain that the Specifications
and DraWings are in accordance with such Laws and
Regula tions.
,'Ta:tu:
6.15. CONTRACTOR shall pay all sales. consumer, use
and o~her similar raxesrequircd to be paid by CONTRAC-
TOR III aCcordance with the Laws and Regulations of the
......." ~
place of the Project whicli are applicable during the perfor-
mance otlhe Work.
UII of PrtmiSfS:
6.16. CONTRACTOR shall contine C:OIlSC'\lction equip-
meat. the storage of materials and equipmenL and tile oper-
ations of workers to tile Project site and land and areasiden-
titied in and petri1ined by the Contract Documents and other
land and areas pennitted by Laws alld Regulations. riRhu-
of-way, pcnnits and. casements. and shall riot unre~enably
encumber the premises with constnlction equipment or ocher
materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area. or to
the owner or occupant thereof or of any land or !ll'eas c\>nti,-
uous thereto, n:!Julling'Cromthe perl'onnanc.c of the Wort.
Sbould any claim be made apirut OWNER or ENGINEER
by any such owner or occupan! because of the performance
o(the Worle. CONTRACTOR shall promptJya.ttempt to settle
with such other parry by agreement or otherwis~ resolve the
ctaim by arbitration or at law. CONTRACTOR !hall, te the
fullest extent permitted by Laws aIld Regulations, indemnify
and hold OWNER and ENGINEER 'h3nnless from and apinst
all claims. damages,/osses and expenses (including. bUt not
limited to, fees of cngineers, architects. anomeys and oth~r
proCessionals and COUrt and arbitration costs) uisii11dlrectly,
indiri:ct.ly or consequentially out of any action. legal or"equJ-
table. brought by any such otller pa.n:y apinst OWNER or
ENGINEER to the extcm based on a claim arising OUt ot
CONTRACTOR.s perfonnance of the Work.
6.17. During the proil'ess of the Work. CONTRACTOR.
!ball keep the premises free from accumulations 'of waste
materials. robbish and ol11er debris resulting from the Work.
At tbe completion oflhc Work CONTRACTOR shall rClIlo,ve
all waste materIals. rubbish and debris from and about the
premises as well asal! tools, appliances. conscruction equip-
ment and mach.inery. and surplus materials. and sball leave
che site clean and ready for oCcupancy by OWNER. CON-
TRACTOR shall restore Lo Original condition all property not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall no[ load nor permit any part
of any structure to be loaded in iny manner that will endanger
. the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent property to streSSes or pressures that
will endanger it.
Rlcord Docum~nls:
6.]9. CONT~crOR shall mainlain in a. safe place at
the sire one record copy of all Dnlwings. Speciticarions,
Addenda, Written Amendments. Change Orders. Work
Directive Changes. Field Orders and written interpretations
and claritication~ rissued pursuant to Parigi'aph 9.4) in good
order and annotated to show all chanies made during con-
struction. These record documents together-with all approved
samples and a counterpart of all approved Shop Drawinl!
will be available to ENGINEER for reference. Upon com-
16
pletion of the Worle. lhese: record documents. samples and
Shop Druwings wiil be delivered to ENGINEER for OWNER.
SaflCY and PrDltction:
6.10. CONTRAcrO R shall be responsible for initiating.
maintaining and Jupervising all safelY precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all_ n-ecessary precautions for the safety of. :lnd shall
provide the !1ecessary protection to prevent damage. injury
or loss to:
6.10. L all employees on the Work- and other persons
and organizalions who may be affected the:rcbr:
'6.~0.1. all the Work-and malerials and equipment to
be incorporated therein. whether in storage on or off the
site: and .
6.10.J. olher propc:ny at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pa vcmems. road-
ways. Structures, Utilities and Underground Facilities not
designated for removal. relocation or rep[acemem in the
course of construction.
CONTRACTOR shall comply with all applicable Laws and
Regu(ationsof any public body having jurisdiction for the
safety of penons orprqperty or to protect them from damage.
injury or loss: and shaUerect and maintain all necessary
safeguards for SUch safety nnd- protection. CONTRAcrOR
shall nOlify owners of adjacent property lInd of Underground
Facilities nnd utility owners when prosecution of the Work
mar :lffect them. a.nd shall cooperate with them in the pro-
tection. removal. relocation and replacement of their prop-
crt)'. All domnge_. injury or loss to any properry referred (0
inparqiToph {).~O..:! or 6.10.3 caus~d. directly. or indirectlr.
in whole or in pm, by CONTRACTOR. lIny Subcontrllctor.
Supplier or any other person or organization directly or iodi.
rectl~' employed by any of lhem to perform or furnish any of
tBe Work or anyone for whose Dcts any ot' Ihem mllY be liable.
shall be temei:lied by CONTRACTOR (except damage or loss
attributable to the fault of Drowings or Specificalions 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. :lnd not attributable, dircc.:dy or indi-
rectlr. in whole ~r in pan. to the fault or negligence of CON-
TR.-\CTORI. CONTRACTOR's duties Dnd responsibilities
for the safe!}' and protection of the Work shall cuntinue until
S1Jch time as uJllhe Work is completed llnd ENGI~EER nus
issu~d il norice: to OWN ER and CONTRACTOR in accord.
anCe with pumgrllph 14. IJ thatth.: Work i:lacceprablc: I e::u;ept
as olherwise c:.'\pressly provided in connection wi!h Substiln.
rial Completion).
6.~ I. CONTRACTOR shllll uesignllle a respl10sible rep.
resen!ativ~ :II Ihe sile whose L1uty shall be the prevenlion llr'
acciu~nrs, This person shall b~ CONTRACTOR's superin.
lendent unless otherwise l.h:sillnaleu in writing. by CO~.
TR..~CTOR CO OWNER. .
. .:..r..
Emlrgtncie:r:
6~~:!. In emergencies affecting the safety or protection of
persons or Ihe Work or propeny at Ihe site or adjacent thereto. .
CONTRACTOR. without special instruction or authorization
from ENGINEER or OWNER. is obligated to actto prevent
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt wrinennotice if CONTRACTOR believes
that any significant changes in the Worle or variallons from
the Contrllct Documents have beenclused thereby. IfENGI-
NEER determines that a change in the Contmet Documents
is required beclluse of the' action taken in response to an
emergency. a. Work Directive Change or Change Order will
be issued to document che consequences of Ihe changes or.
variations.
Shop Drawings ana Samples:
6.:!J. After checking and verifying aU Reid-measurements
and after complying with applicable procedures specilled in
the General Requirements. CONTRACTOR shall submit 10
ENGINEER for review and approval in accor.dance with the
accepted schedule of Shop Drnwing 5ubmissions (see para-'
graph ~.9). or forolher appropriate action if so indicated in
the Supplementary Condidons. five copies funless otherwise
s~ecifled in the General RequirementS! of all Shop Drawings.
whieh will bear a Stamp or specific written indication that
CONTRACTOR Itas satisfied CONTRACTOR's. rcsponsi.
- bilith:s under che Conlract Documents ~ith respect to the
review of the submission. All submissions will be identified
as ENGINEER may require. The da-Ia Jhown on the Shop
Drawings will be co_mplete with respect to quanlities. dimen-
sions. specified performance and design criteria. materials
and similar datll to enable ENGINEER to re.view the infor-
mation as required, -
6.~4. CONTRACTOR shall also submit to ENGINEER
for review and approval with such promplness iI..S to Clluse
no delay in Work. all samples required by rhe Contmcl Doc.
uments, .-\11 samples will have been checked by and accom-
panied by a specitk written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under tbe
Contract Documents with respect 10 the review of the sub-
mission and will be identified deafly as to milleri:lI, Sqpplier.
pertinent data such as catalog numbers and the use for which
intended.
6..:l.5.I. Before submission or ~Dch Shop Dru\ving or
sample CONTRACTOR shall 11:\\'e determined and veri- .
tied all quantities: dimensions. specified performance cri-
teria. installation requirements. materials. catalog num.
bers and similur datil \vit h respect thert'to' and reviewed
or coordinaleLl ~Dch Shup Drawing or sllmple with other
Shop Drawings and samples andwi!h the requirements of
the Work nnd the Con!rllct Documenls.
6.25.2. At the time l.lf each submission. CONTRAC-
TOR shall give ENGINEER sp~cific: wriuen notice ufe:ll:h
variatiun thot lho Shup Drawings or samples may have
from !he requirements of the Contruct Documents. and.
in a.ddition. shull C:1US~ :l specific notlllion 10 be mud~ on -
17
each Shop Drawing submitted to ENGINEER for review
anci' approval of each such variation.
6.26. ENGINEER will review and approve with reason.
able promptness Shop Drawings and samples. but ENGI.
NEER's review and. approval will be only for conformance
with the design concepeo! the Project and fo'r compliance'
with the info.rmation given in the Contract Document5 and
shall not c~tend [0 means. methods. Lechniques. sequences
or procedUres of consU"Uc:uon (except where a specific means,
method, lechnique, sequence or procedure of construction is
indicated in or, required by the Con trace DocUmenls) or to
safety precautions or programs illcidentrhereto. 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 colTCctions required by ENGINEER,
and shall return rherequired number of corrected copies of
ShoP Drawings and submit as required new samples for review
and approval. CONTR.ACTOR s.hau dircc~ specific attention
in writin. to revisions other than the corrections caJled for
by ENGINEER on pre~ous subaiinals.
6.27. ENGlNEER'sreview and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
respClnsibUity for any variation from the requirements of the
Contra.l:t Documents unless CONTRACTOR has in writing
called ENGINEER's attention co eath sucb variation at the
time oi sl1bmission III requiied by paragraph 6.15.2 and
ENGINEER has liven written approval of each such varia-
tioa by a speciiic wrincn notation thereof incorponued in or
accompanying the Shop Drawing or sample approval: lior
will any approval by ENGINEER relieve CONTRACTOR
(rom responsibility for errors or omissions In the Shop Draw-
inrs or from responsibility for having complied with the pro-
visions of paragraph 6.25 .1.
6.28. Where a Shop Dra~nll or sample is required by the
Specitlcations. 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.
Co"tinuinl th. Work:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule durin~ all disputes or disagreements
:-vtrh OWNER. No Work shall be delayed or postponed pend-
lng resolution of any disputes or disagreements. except III
pennined by paragraph IS.oS or III CONTRACTOR and
OWNER may otherwise agree in wririni.
lN16mnificDlion.:
6.30. To (he fullest extent permiued by Laws and Regu-
lations CONTRACTOR sha.ll indemnify and. hold hannless
OWNER and EN GINE;ER u.d their consultants. agents and
employees from and against all claims. damages. losses and
~l(~nses. direct. indirect or consequential (ini::J udin r: but nor
llmaed to fees and chUics of engineerl, architects, 3Ctomeys
and orher professionals and court and arbitration costs) aris.
ine our of or resulting from the perform.ance o( the Work,
".;,...
provided that any such dalm, dam&le. loss or expense (al is
attributable [0 bodily injury. sickness_ disease or death, orlo
" injury to or destrUction of tangible property (other tlian the
Worle irselO including the loss of use resulting therefrom and
(b) is caused in whole or in plr1 by any negligent lct or
omission o(CONTRACTOR, any Subccnuactor.IllY person
or organization directly 0 rind irect!y employed by any of them
to perfonn 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 ResuLalions regardless of the
negligence of any such party.
6.31. In any and all claims agaiJlSI OWNER or ENGI.
NEER or any of rhei~ consultants, arent! or ~mployees. by
any employee of CONTRACTOR; any Subcontractor, Iny
penlon or organization directly or indirectly employed by any
of them to pelform or furnish any of Ille Work or anyone for
whose acts any of them may be liable, the indemnillcatlon
obJillation under para.gn.pll 6.30 shall nOI be limited in any
way by any limitation on 'the amount or type be damagcs. .
compensation or benefits payable by or for CONTR.ACfOR
or any s)Jeh Subcontractor or other person or Ol1alliDtion
'under workers" or workmen's compensation acts, disability
benefit aclS or other employee benefit acts.
6.32. The obligations of CONTltACTOR under par.l-
iflI+)h 6.30 shall not extend to the liability of ENGINEER,
ENGIN'EER I S consultants, agent! or employees arising ,OUt
of the ,preparation or approval of maps , drawings. opi~iolls.
reports, surveys, Change Orders, desilP1S or speciJications.
ARTICLE 7-OTHER WORK
Rlltulld Work aJ Sitt:
7.1. OWNER may perform other work related to the Proj.
ect at Ihe site by OWNER's OW11 forces. bave other work
performed by utility owners or let otherdircc:t Contracts therefor
which shall concain General Conditions siDl/1ar to these. II
the facr that such other work is to be performed was not noted
. in the ContraCt Documents, written notice thereof will be
given to CONTRAcrOR prior (0 staning any such other
. worle: and, if CONTRACTOR believes that such perfor-
mance will involve additional expense 10 CONTRA,CTOR or
requires additional time and the parties are unable ro ar:rec
as to the extent mereof, CONTRAcrOR may make a claim
therefor as provided in Articles II and 12.
7.2. CONTRACTOR shall atford each utility owner and
otherconuactor who is. a party 10 such a direct contract (or
OWNER, if OWNER is perfonning the additional work with
. OWNER I S employees) proper and safe a.cce.ss to the site and
a reasonabh: opportunity for the introduction and storage of
. rrialerials and' equipment and the execution of such worle, and
shaJl properly connect and coordinate the Worle with theirs.
CONTRACTOR shall do all cutdng. fitting and patching of
the Work that may be required to make irs several p<s come
together'properly and integrate with such other work. CON-
III
. TRACTOR shall nOI endanger"aoy work of othe;s by cUlting.
c:<cavaring or othez:wis.e altering their work and will only cUt
or aller their work with lbe written consent o(ENGINEER"
and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this pa~grnph are
for the benefit of such utility owners and other contracton
10 the e.Hent that. there are comparable provisions for Ihe
bene~t of CONTRACTOR in said direct contracts between
OWNER and such utility owners <lnd olher contractors.
7.3. Jf any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
COnlnlctor or utility owner lor OWNERi. CONTRACTOR
shl1lJ inspect and promptly report to ENGINEER in Writing
any delays. defecl.S or deficiencies in such work that render
it un~vailable or unsuitable .for such proper execution and
result.!. CONTRACTOR's failure so to report will constitute
an acceptance of [he other work as lit and proper for integra-
lion with CONTRACTOR's Work eltcept for latent or non.
apparent defeclS and dellciencies in Ibe o"ther work. "
Coordinalion:
7.4. If OWNER contl'1cts with others for the perfor-
mance of other work on the Project at [he site. the person or
organization who will havc authority and responsibility for
coordinationoC the acti,,'ities among the various prime con-
Ir.1ctors will be identified in the Supplementary Conditions.
and Ihe specific matters to be covered by such authority and
responsibility will be itemized, and [he extent of such author-
ityand responsibilities will be provided, in the Supplementary
Conditions. U nJess otherwise provided in the Supplementary
Conditions. neither OWNER nor ENGINEER shall have !lny
authority or responsibility in respect of"such coordination.
ARTICLE 8-OWNER'S RESPONSIBILITIES
8.1. OWNER shall .issue all communications to CON-
TRACT<?R through ENGINEER.
8.~. In caSe of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer against whom
CONTRACTOR makes no rel1sonable objection. whose sta-
tus underthe Contract DocumenLS shall be that of the former
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject 10 arbj[r:1tion.
8.3. OWNER shall furnish Ihe dllla required orOWNER
under the Contract Documents promplly and shall make pay-
memes to 'CONTRACTOR promptly after they are due lIS
provided in paragraphs [4.4 and 14.13.
8A. OWNER's duties in respect of providing lands and
ea~ements ond providing engineering surveys (0 establish
reference points 'are set forth in paragrnphs 4. [ and 4.4. ParOl-
grnph ~.~ refers to OWNER's identifying and making avail-
able 10 CONTRACTOR copies IlfreportS of ex pi oral ions and
leSts of subsurtbce conditions altne site and in existing strtlC-
.........
.tures which have been utilized by ENGJNEER in preparini
the Drawings and Specifications. "
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance afC set forth
in" paragraphS 5.5 lhrough 5.8. "
8.6. OWNER is obligated to e.tecute Chanle Orders as
Lndicatcd in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections, tests and opprova!s is set forth in paragraph 13.4.
8.8. In conneClion with OWNER.'s right to stop Work or
suspend Work. see paragraphs IJ.IOand Ij.l. Paragraph 1$.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION ,y.
Ownlr's R,prlslntarillf:
9.1. ENGINEER will be OWNE.R's representative dur-
ing .the construction period. The duties and responsibilities
and the limitations oC authority of ENG INEE..~ as OWNER's
representative during construction .are set forth in the Con-
Iract Documents and shaJl not be euended without writtert
consent of OWNER and ENGINEER.
Visils 10 Sitl:
9.2. ENGINEER will malee visiLS to ihc site at intervals
appropria"le to the various stages of construction to observe
the progress and quality of the e:tecutcd Worle and to deter-
mine. in general. if the Worle is proceedinl in accorC1l1nce
with the Contract Documents. ENGINEER wUI not be required
to make exhaustive or continuous on-site inspections to chetk
the quality or. quantity of the Work. ENGfNEER's effort!
will be dire.cted toward providiqg for OWNER a greater degree
of confidencc"that the completed Wor~ will conform 10 the
Contract Documents. On the basis of stich visits and on.site
observations as IIn experienced and qualified design profes-
sional, ENGINEER will keep OWNER informed of tht Prol'
ress of the Work and will ~ndeavortoguard OWNERllgainst
defccLS and deficiencies in (he Work.
Proftet Rlpresentation:
9.3. If OWNER and ENGfNEER agree. ENGINEER
will furnish a Residenl Project Representalive to :lssist
ENGINEER in observing the performance ofthe Work. The
duties. responsibilities lLnd Iimitlltions or authorit}. of any
such Resident Project Representative and assistants will be
l1S provided in the Supplementary Condilians. [f OWNER
designl1tcs another agent to represent OWNER at the sitc
who is not ENGINEER's agent or employee, the duties.
responsibilities and Hmi[lItions of authority of such .o[her
person will be:is pro~idct1 in [he Supplemenlary Condiriuns.
19
Clori/icat/JJns and [nurprrkmons:
. 9.4. ENGINEER will iss.ue with reasonable promptnes.s
such written clari.tic:.ations or interpretations of the require.
ments of Ihe Contract Documents (in the form at Drawings
or otherwise) as ENGINEER may determine necessary, which
shaH _be consbtenl With or reasonably inferable (rom the
overall intent of the Contract Documents. If CONTRACTOR
. believes that a written clarification or interpretation justiftes
an increase in the; Contract Price or an extension of the
Contrac:t Time and Ihe parties are unable to agree 10 the
amount oreXtent thereof. CONTRACTOR may make a claim
therefor as pr6vided:in Article 1 I or Article 12.
I.Ulhorlud Var-'.4lUlru ill Work:
~.S.ENGINEER may authoriie minor variations in tbe
Worle from the requiremenls o(tlle Contrad DocumenlS which
do noc involve an ldjustment in the Contract. Pricc or the
ConO'act Time and are consistent with the overaJJ intent of
the Contnet Documents. These may be accomplished by a
Field Order and wiU be bindinll on OWNER. and also on
CONTRACTOR who shall perform the Work involved
prompdy. If CONTRACTOR believes that I Ficld Order
justifies an increase in the Conuaet Price or an elCtel15ion of
!he Contract Time and the parties arc unable to agree as to .
the amOUnt or eXtent lherC(){, CONTRACTOR may maXe a
. claim thcrefor as provided in Article 11 or 12.
Rej't:linr Dtjlctivt Work:
9.6. ENGINEER win l1ave authority to disapprove or
reject Work whicb ENGINEER. believes to be dtjtClivt. and
will allo have authority to require special in spec don orlesting
of the Work. as provided in paragraph 13;9. whether or nOI .
the Work is fa.bric:.aUd. installed or completed.
Shop Dra:wUtgr, CIuuJ" Ord41T and Paym,nu:
9.7. In connecrion with ENGrNEER's responsibililY for
Shop Drawings and samples. see paragraphs 6.23 through
6.29 inClusive. .
9,B. In conneclion ~ith ENGINEER's rcsponsibilities as
to Change Orders. see Articles 10. 1 J and 12. . .
9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment. etc., see Article 14.
DCltnni1l4lions for UlIU Prit:,s:
9.10. ENGINEER will decennine the actual quantities
and classifications of Unit Price: Work performed by CON-
TR.ACTO~ ENGINEER wiJ! review with CONTRACTOR
ENGINEER's preliminary detenninations on such matters
. bef~re rendering a written decision th.ereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
NEER.s written decisions thereon will be final and bindin;
. upon OWNER and CONTRACTOR, unle!!. within len days
. after the date of any such decision. either OWNER or CON-
TRACTOR deliven to the other party to the Agreement and
........
[0 ENGlN~ER Written notice of incention to appeal frOlll
such a decision. .
D.cuu,/U on Dupuus:
9. Il. ENGINEER will be the initial interpmer of the
requirements of the Contract Documents and judge of the
acceptability of the Worle thereunder. Claims. disputes and
other matters relating to thc acceptability of the Work or the
interpretation o(the requirements of'the Contnct Documents
pertaining .10 !.he performance and furniShing of thc Worle and
claims under Anicles I land [1 in respect .of challges in the
Contract Price or Contract Time will be referred ii1iLialIy to
ENGrNEER in writing with a ,requcsI for a forma! dc.cisioll
in accordance with this paragraph, which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim. dispute and other ma.ner will be dcUvercd
by the. claimant 10 ENOINEER aJld lbe other party to the
Agreement promptly (but in no event later than thirtydlYS)
after the occurrence of the event givillg rise therelO. and
written supporting data wiU be submitted [0 ENG~EERand
the other party Within sixty days after such occurrence unless
ENGINEER allows an ;idditional period of.time 10 ascertain
more accun1te data in SUppol't of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11. ENGINEER will not show par.
tiali[y to OWNER or CONTRACTOR 'and will not be liable:
in connection with any interpretation or decision rendered in
good faith in such apacity. The rendering of a. decision by
ENGINEER pursuant. to para81'3ph$ 9. JO and 9. J 1 with respect
to any such claim, dispute or other matter (except any.whic:h'
have been waived by Ihe makins or acccprMlce of final pay-
ment as provided iil paragraph 14.(6) will be a condidon
precedent to any exercise by OWNER or. CONTRActOR
. of such rights or remedies as either may.othcrwiu have under
the Contract Documents or by Laws or Regulations in re$~ct
of any such claim. dispute or other matter.
LimUadQru 011 ENG1NEER'r ReJporuibiIiJiu:
9. J3. Neither ENGINEER's aUlhorie.y to ac! under this
Article 9 or elsewhere in the Contract Documents nor any
decision ma~c by ENGINEER in- good faith either io exercise
or not excrcise such authority shall give rise (0 any doty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor, any Supplier. or any other person or organization
performing any of the Work. orta any surety forany.oftltem.
9.14. Whenever in [he Contract Documenulhe terms "as
ordered". "as directed". "asrequired". .'as allowed". "as
approved" or terms of Jik~ effect or import are used. or the
adjectives ;. reasonable". .. suitable", "acl:ell~bJe". .. proper'.
or "satisfactory" or adjectives or like effect or impon arc
used co describe a requirement. direction: review or judgment
of .ENGINEER as 10 the Work. it is intended that such
requirement. direction. review or judgment will be solely to
evaluate the Work (or compliance with lhe ConlT-act Docu.
ment5 (unless there is a specific statement indicating other.
Wi5C). The use of any such term or adjeclive .shall not be
.,n
effective to usign 10 ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undenake responsibility Contrary
to the provisions oCparagraph 9.15 or9.16.
9./5. ENGINEER will riot be responsili/e 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.
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.
ARTICLE IO-CHANGES IN THE WOR:K
10./. Withou tin Validating [~e Agreem~nt and wi thout nocke
to any surety. OWNER may. at any time or from time to
time. order additions. delerions or revisions in the Work:
these will be authorized by a Written Ani~ndmen!. 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 perfonncd under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
IO.~. If OWNER and CONTRACTOR are unable [0 agree
as to the' cxtenr. if any. of an increase or decrea.se in lhe
Contract Price or an extension or shortening oeihe Contmct
Time thar should be allowed as a.result of 11 Work Directive
Change. II claim may be made therefor as provided in Article
I I or ArtiCle- 1:1. '
1003. CONTRACTOR shall not be entitled to an increaSe
in the_Contract Price or an extension of the Controct Time
with respect to any Work performed [hat is not required by
the Cc.lntract Documents as amended. modified and supple-
mented D..!i provided in paragraphs 3,4 and 3.5. except in -rhe
case of an emergency as prov.ided in paragraph 6.~ and
except in rhe case of uncovering Work as provideu in pllm-
graph 13.9.' .
IO.~. OWN ER and CONTRACTOR shall exeCUle llppro.
priale Change Orders lor Written Amendments) covering:
10..... ( . Changes in the Work which are ordered br
OWN ER pursuant to paragraph 10.1. arc requin:d because
ot' acceptol1\:e of u~Ji!(:til'e Work under parngroph 13.13 or
correcting dt:/i!cti!'(! Work under paragmph 13. l~. or are
agreed 10 by the partics:
10.4.1. changes in the Contmct Price or (ontrac( Time:
II/hieh are agreed 10 by rhe purties: anu
'10.4,,3. cOllnges in rhe Contract Price or Contract Time
which embody the substance ofony written decision relt-
dered by ENGINEER pursuant to paragraph 9.11:
-- provided that. in lieu of executing any such Change Order.
an appeal may be [aken from any such decision in accordance-
with the provisions of the Conlnc:t Documents and applicable
Laws and Regulations. but during ;Jny such appeal. CON-
TRACTOR shall carryon the Work al\d adhere to the prog-
ress schedule as provided in paragraph 6.29.
10.5. [f notice of any chans!= affecting the general scope
of the Work or the provisions ot' [he Contract Documents
lincluding, but not limited roo Contract Price or Conr.ract .
Time) is required by the provisions orany Bond [0 be gIven
[0 a surety. the giving of any such notice will be CONTRAC.
TOR's responsibility. and toe amount oreach applica~le Bond
will be adjusted accordingly.
ARTICLE ll-CHANGE OF CONTRACT FiRICE
II. J. The Contract Price constitutes the total compen-
sation (subject to authorized adjustmentsl payable to CON.
TRACTOR for performing the Work. Ail duties. responsibil-
ities and obligations asstgned to or undertaken hy CON-
TR."'t.CTOR shall be at his expense without change in the
Contract Price.
/1.2; The Contract Price may only be changed by a Change
Order or oy D. Written Amendment. Any claim for an increase
or decrease in the Co-ntract -Price shalfbe based on wril[en
notice delivered by the -party making the claim to che other
party and to ENGINEER promptly (but_in no ev~n~ late~ than
thirty daysl after the occurrence of the evenlBlvlOg me to
the claim and slaring the general nalure of the claim. NOtice
of the amourit of the claim with supporting data shall be
delivered within si:<ty days alter such - oecurtence (unless
ENGINEER allows an additional-period of time to ascertain
more accurate data .in support of [he claim) and shall be .
accompanied by claimant's written statement that the amounl
claimed covers all known amounts (direct. indirect and con-
sequential) [0 which the claimant is entitled as a .result of [he
occurrence of said eVent. All claims (or adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.11 if OWNER and CONTRACTO-R.
carinot otherWise llgree on the amount involved. No claim
for an adjustment in the Contract Price will be valid if nor
submitted in accordance with this parogroph 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 CoOlract
Price shall be determined in one of [he following ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the Conrract Documenrs. by,applica-
tion of unit prict:~ to the quantities of the irems involved
tsubjc:ct to [he provisions of paragraphs 11.9.1. through
[1.9.3. inclusive/.
11
11..3.2. By mUlUa! acceptance of a lump sum (which.
may include an allowance for overhead and prolit not
necessarily in accordance with paragraph I J .6.2.0.
I J .J.3. On the basis of the Cost of the Work (deter-
mined as provided in pangraplt:s J 1.4 and II.oS) plus a
. CONTRACTOR's Fee for overhead and proAt (deter-
mined as provided in pl\nl.graphs 11.6 and J 1.7).
CO~I 01 th., Work:
11.4. The. term COst of lhe Work means the sum of all
cosu necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Ex.cept as otherwise
may be agreed to in writing by OWNER, such costs shall be
in amoonu no higher than those prevailing in the locality of
the Project. shall include only the following items and shall
not include any of the com itemized in paragraph. I ! ..5:
11.4.1- Payroll costs for employees in the direct employ
o(CONTRACTOR in thi: performance oftbe Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall. be apponioned on
the baSis of their time spent on the Work. Payroll costS
shall include, but not be limited co, salaries and wqes
plus the cost of fringe benefits which shall include scx;jaJ
security conlliburions. unemployment. excise and payroll
LUes. workers' or workmen's compensation, hc:aJth and.
retirement benefitS. bonuses. sick leave, vacation and hol-
iday pay applicable thereto. Such employees shall include
superinrendents and forc:men at the site. The expenses of
performing Worle after regular Working hours. on Satur-
day, Sunday or legal holida.ys. shall be included in the
above to thccJCtenl authorized by OWNER.
11..4.2. Cost of aU materials and equipment furnished .
and incorporated.in the Work, includinll costs of trans-
portation and .storage [hereof. and Suppliers' field services
required in l;onnection therewit1J. AU cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to maJc'c payments, In
which case [he cash discounts shaH acc.rue to OWNER.
All trade discounts. rebates' and refunds and aU returns
{rom sale or surplus materials and equipment shaJI accrue
to OWNER. and CONTRACTOR sball make provisions
. 50 that they may be obtained.
11.4.3, Payments made by CONTRACTOR to the
Subcontractors ror Work performed by. Subcontractors.
If required by OWNER. CONTRACTOR shall obtain
compctitive bids (rom Subcontractors acceptable to CON.
TRACTOR and shall deliver suc/! bids to OWNER who
will tflen dClennine. wilh the advice of ENGINEER. which
bids will be accepted. If a subcontract provides that the
SubconCl1.ctor is to be paid on the ballis 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 o{the Work. AU subcontracts ~halJ be subject
22
to the other provisions of [he Contr2ct Documents insofar
as applic.tble.
J 1.4.4. Costs of special consultan IS !including but not
limited to ensineen. architects, [Cs tinJ laboratories. sur-.
veyors. attorneys and accountantsl employed forservic~
specifically related to the Work.
11.4..5. Supplemental cost! including the following:
11.4..5.1. The proponion of necessary transporta-
rion. travel and subsistence expenses of CONTRAC.
TOR IS employees incurred in.discharge of.duties con-
nected with the Work.
11.4.5 .~, Cost. including transportation and main-
tenance. of all mau:rials. supplies. equipmeQt. machin.
. ery, appliances. office and temporary facilities at the
site and hand tooJs nOI owned by the workers. which
arc consumed in the perfonnance oflhc Work, and cost.
leS! market value of such itemsuscd but ncis consumed
whiCh remain the property of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether renced from
CONTRACTOR or others in accordanc~ wich rental
qreemellls approvc:d by OWNER with the advice of
ENGINEER. and the costS of traJ'lsponation, 1oadinS,
unloading. installation. di5manding and removal
thereof-all in accordance. with tems of said renta.l
agreements. The rental of any such equipment, machin-
eryorparu shall cease when the un tncreo{Jsno longer
nece:ssary for (he Work.
11.4..5.4. Sales; consumer, use or similar CUes.
related 10 the Work. and for which CONTRACTOR is
liable.. imposed by Laws and Regulations.
11.4..5.5. Deposits lost Jor causes other than negli-
gence of CbNTRACTOR. any Subcontractor or any-
one direclly or indirectly employed by any of them or
for whose acu any of them may be liable. and royalty
payments and fees for.permitS and licenses.
11.4.5.6. Losses and damages land related
expensesl. not compensated by insurance orolherwise,
to the Work or otherwise suscained by CONTRACTOR
in connection with the performance and furnishing of
the Work CeJCcept losses and damages wilhin the
deductible amounts of property insurance established
by OWN'ER in accordance with paragraph 5.9). pro-
vided they have resulled from causes other than the
neglillence of CONTRACTOR. any Subcon~ctor. or
anyone directly or indirectly employed by any of them
or' for whose acts any of them may be liable. Such
losses shall include settlements made with the written
conSent and approval of OWNER.. No such lossC3,
damages and expenses .shalf be included in the Cost of
the Work for the purpose of dc:tennining CONTRAC.
TOR's Fee. If. howevcr, any such loss or damage
requires reconstruction :lnd CONTRACTOR is placed
in charge Ihereof. CONTR,.\CTOR ~-hall be paid for
services a fee proportionute 10 Ihat staled in parograph
11.6.2. .
llAJ".7. The co~( of utilities. fuel and sanitary
facililies :u the sirc.
11.4.5.8. Minor I!;(penses such as telegrams. long
disla~ce telephone c:lIls. telephone service :It the site.
e:<pressage and similllr petty c:lSh ilems in connection
with lhe Worle. .
I J A.5.9. Cust of premiums (or additional Bonus
and insurance required bec:1u~e of chunges in theWork-
Qnd premiums ror property in~urance cover.1ge within
the Iimirs of the deductible llmOUntS established b\'
OWN ER in accordance with parllgraph 5.9. .
11.5. The lennCost of the Work shall nOI include nnr of
the following:
11.5. J. Payroll COStS om! other compensniion MCON.
TRACTOR's otlicers. e."(eculives. principals (of panner-
ship and sole propnetorshipsl.gener.11 managers. eogi.
neers;architeclS. estimators. allomeys, auditors. accoun-
tants. purchasing and -contracting agenls. expeditors.
timekeepers. clerks and olher personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR's principal or a branch office for gener.1( lldminiura-
tion oflhe Work and noc specifically included in thea~eed
upon schedule of job classifications referred to in pam-
graph 11.4. t or specifically covered by paragraph I r .4.4-
all of Which arc to be considered adminim.lCive COStS
covered by the CONTRACTOR's Fee.
- 11.5~:!. E:lpenses (If CONTRACTOR's principal and
branch omc!:s olher than CONTRACTOR's office at the
sileo .
11.5.3. _Anypul1 ofCONTRACTOR's~apitlll ~xpenscs.
inClUding interest on CONTRACTOR'S cupittl( employed
for Ihe Work and charges against, CONTRACTOR for
delinquent paymems. .
11.5.4. CaS( of premiums for all Bonds and for all
insurance I\'hether or not CONTR.,l,CTOR is required by
the COnll7lct Documents to purchase and maintain the
same (e:rccpt for lhe GOSI of premiums covered by sub~
parugl'l1ph I f .~.5.9 aboyc).
11.5.5. Cuses due to (he negligence of CONTRAC- _
TOR. any SubCOntrnL:lor. or !lnyone llirectly or indirecdr
employ:ed br any of 1.111m ur for \Vho~e ncts any of them
mo}" be linhle. :n..:I!I\.ling bu {not limih:1.! 10. Ihe ~orrection
of dt!ft'( ,,:,. \~:()r~. Jispos,d tlf 'Jlilh:riul~ or cq.uipmcnt
wrongly Su, ." i\..~ ""ak:l1g ~oou any damuge- [0 prop.
erty.
I J .5.6. Other u\'crheud or gem:rol expensc COSI:l uf
any kim! :lnu [he: cosrs 01' any item nOI 5peciticlllly .1OU
e;(pre~lily includeu in PUr-.1ttnl ph II.-t
':I~I. .
CONTRACTOR's Fer:
11.6. The CONTRACTOR's Fce allowed to CONTRAC-
TOR for overhead and prollt Shllllbc determined as follows: -
11.6.1. . a mutually acceptable fixed fee: or if none can
be agreed upon. '
I !.-6,2. -ll fee based on the fol/owing percenlages oflhe
various portions of [he COSl of Ihe Work.:
11.6.::: I. for costs incurred under par.1gr.lphs 11.4.1
and '1104.2. [he CONTRACTOR's Fe~ shaJl be fifteen.
percenl :
11.6.~.2. forcom incurred undcrpararraph 11.4.3.
the CONTRACTOR's Fee shall be Il.ve'percent: and if
a subconlract is on the basis of C05t of The Work Plus
a Fee, the maximum llUowable Co CONTRActOR on
account of overhead and profit of aJI SubcoOlractors
shaJl be lifteen percem:
, .
",.
11.6.::.3. no fee shall be payable on the basis of
COStS it~mizedunder parographs J 1..1..1. I J :-1.5 and 115:
11.6.1.4. lhe. amount of credit to be allowed by
COl'/TR.ol"CTOR to OWNER for any such change "':hich
results in a net decrelUe in cost will be the amOunt of
the actual nct decrease plus a deduction in CONTRAC-
TOR's Fee by an amount equal co'ten percem of rhe
net decrease: and
11.6.::.5. when boto additions and credits arc
involved in anyone change. the adjustmenl in CON-
TRACTOR's Fee shall be c'omputed on the basis of the_
net change in accordance with paragraphs 11.6..2.1
through I] .6.:!A. inclusive. .
11.7. Whenever the cost of any Work is to be detennined
pursuant to paragraph 11 A or JI .5. CONTRACTOR will
sub mil in form Ilcceptable [0 ENGINEeR an itemized cost
br~akdown together with supp.orting. data_.
Cash A//owanCfS:
11.8. - It is understood (hElt CONTRACTOR has included
in the C;ontract Price.ull alluwances so named in the COnlract
Documents and shall caus~ the Work so covered [0 be done
by such Subcontractors or Suppliers and for such sums \~'ithin
the limit of Ihe allowances as may be acceptable 10 ENGr-
NEER. CONTRACTOR agrees that:
11.8.1. The ullownnccs include theco5t to CON-
TRACTOR C1es5 lIny npplicablc trade discounu) ofmate-
rials and equipment required'by the allowances to be deliv--
ered at the site. ilnd nit applicable l.Qxes: :lnd '
,11.8.~. CONTRACTOR's costs for unloading and
handling; on the sile, Illhor. installlltion custs. overhead.
profit and othere:tpensclI conlemplllted for [he allowances
havc b~cn inclutlell in rhe COnlrllct Price and nol in the
13
allowan~es. No demand (or additional payment on account
of any thereof wiU be valid,
Prior to tinal payment, an appropriate Change Order will be
issued a.:s recommended by ENGINEER to retlect actual
amounts due CONTRACTOR on account of Work covered
by allowances. and the Contract Price shall be correspond.
ingly adjusted.
UnilPrice WDrk:
11.9.1. Where the Conuact Documents provide that
all or pan of the Work is 10 be Unit Price Work, initially
the Contract Price will be deemed 10 include for all Unit
Price Worle an amount c:qual to the sum of the established
. unit prices for each separately identified item of Unit Price
Work times the estima.ted quantity of each item as indi.
cated ill the Agreement. The estimated qUantities o(itemil
of Unit Price Work are not guaranteed and are solely {or
the purpose of companson of Bids ilnd dete~ining au
inidaj Contract Price. Detenninations of the actual quan-
tities ~d cl~sitica.tions of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph.9.I.O. .
11.9.2. Eacb unit price will be deemed to include an
amount considered by CONTRACTOR 10 be adeqUate to
COVer CONTRACTOR's overhead and profit for each sep-
arately idcntified item.
. 11.9.3. Where [he quaneiry of any item of Unit Price
Work performed by CONTRACTOR differs materiaJIy
and signiticanlly from the estimated quantity of such item
. indicated in the Agrcement a'nd there is no corrcspondini
adjustmc'nr with respect to LIlY other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expensc as a result thereof. CON- .
TRACTOR may make a claim for an increase in tbc'Con-
tnlct Price in accordance with Anicle 11 if the panics arc
unable to agree as to the amounl of any such iI1crease.
ARTICLE 12~HANOE OF CONTRACT TIME
12.1. The Conuact Tune may. only bec:hangcd by a Change
Order or a Written Amendment. Any claim for an extension
or shoneninr pfthe Comract Time shall be based on written
notice delivered by the party making the claim to the other
panyand to ENGINEER promptly (bUt in no event later than
tniny days) after the occurrence of the event living rise 10
. the claim and suting the general nature of tbe claim. Notice
. of the extent of the claim with supporting data shall be deiiv-
. crcd wilhin sixty da.ys after such occumnCe (unless ENGl-
: NEER allows an additional period of time to ascertain more
' accurare data in SUPPOI1 of tbe claim) and shall be accom.
panied by the claimant's written statcmerll Ihat the adjust-
, menl claimed is the entire adjustment to which Lhc clB:imant'
. has reason to believe it is entitled as arcsuJt of the occurrence
o( said event. All claims for adjustment in Ihe Contract Lime
.;,,"'..
sbaJI be determined by ENGINEER in lccordance with para-
gnph 9. 11 if OWNER. and CONTRACTO.R CIJI1lotothcrwlsc
.. agree. No claim for an adjustment in Lhe Contract TIme will
be valid it not submined in accordance with lhe require menu
of tbis paragraph 12,1.
12.1. The Contract nme will be extended in an- amount
equal tc? time lost due to delays beyond the control of CON.
TRACI'OR if a claim is made therefor as pro".ided in para.-
graph 12.1. Such delays shall include, but not be limited to.
acts or neglect by OWNER or others performing additional
wort as contemplated. by Anicle 7, or 10 fires; ll00ds, labor
disputes. epidemics. abnormal weather condItions or acts of
God.
12.3. All time limits stated in .the Contra.ctDocuments
are of the essence of the A cre emellt. The provisions of this
Article- 12 shall nOL exclude recovery for damages (includinr
. but not 1im.ited to fees and charges of engineers. architectS.
. ilttOmeys and other profeuionaJs Ilnd cOurt and 'arbitration
costs) for delay by either party. . ;..
ARTICLE 13-W ARRANTY AND GUARANTEE;"
TESTS AND INSPEcrioNS:
CORREcrION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Wamuuy and GU4rft1JUII:
13..1. CONTRACTOR warranls and guarantees to
OWNER and ENGINEER that aJI Worle 'wiU be in accor.
dance-with the Conttact Documents and .Will nOI be dtfer:tlvf.
Prompt notice of atl i:Iefects shall be ~ven to CONTRAC.
TOR. All d,ftctivf Work. whether or not in place. may be
rejected. corrected or acccpted as provided in lhis Article 13.
1I.1:1:611.D Wark:
13.2. ENGINEER and EN.GINEER's represc:ntatives.
other represent!llives of OWNER. testing ilgencies and IOV-
emmenta1 agencies with jurisdictional interesu win have a.ccess
to the Worle at reasc nab Ie times for their observation. inspectinr
and testing. CONTRACTOR shall provide proper and safe
. 'conditions for such access.
Tms llNi Inlpllctionl:
13.3. CONTRACTORsha1J give ENGINEER timely notice
ot'readincss of the Work for all required inspections, tests or
approvals.
13.4. If Laws or Regulalions o( any publi!; body having
jurisdiction require any Work (or part thereof) 10 spetifically
be inspectcd, tested or approve.d. CONTRACTOR shall
a.SJume full responsibility therefor. pay all costs in conllect;on
therewith and furnish ENGINEER Ihe required certificates
of inspeclion. testing or approval. CONTRACTOR shall also
?d
be responsible for and shall pay all costs in connection with
lIny inspection or testing required in connection with OWN.
ER's or ENGIN EER's accepcance of a Supplier of materials
or equipment proposed to be incorporated in che Work. or of
materials or equipment submitted for approval prior to cON-
TRACTOR's pun:hasc chereoffof incorporation in the Work.
The cost of all inspections. [em and approvals in addition to
the above which lire required by the Contract Documents
shall be paid by OWNER (unless otherwise specified.'.
13.5. All inspections. tesrs' or approvals other than those
required by Law,s or Reguluions of lIny public body having
jurisdiction shall be performed by organizations ac~cptable
to OWNER and CONTRACTOR lor by ENGI:-.iEER if so
specified).
13.6. [f any Work lincluding the work of others} that is
to be in.spected. tested orapproved is covered without wrinen
concurrence of ENGINEER. it must. if requested by ENGI-
NEER. be uncovered for obscrvation. Such unco\'cring shall
be at CONTRA.CTOR's e:tpense unless CONTRACTOR has
given ENGINEER timely notice o{CONTRACTOR's inten-
tion to cover (he same and ENO'INEER has not acted with
reasonable pn:imp!ness 'in response 10 such no[ic;:c.
. 13.7. Neilher observations by ENGrNEER nor inspec.
tlons. tem or approvals bv olhers shall relieve CONTRAC-
TOR from CONTRACTOR\ obligations ro perform l11e Worle
in accordance with the Contract Documents.
Uncovering Work:
. 13.8. If any Work is covered cOnErnry to the written request .
oC ENGrNEER. i[ must. if requested by ENGr~EER. be
unco\'~red for ENG(NEER's obser.v;Jtion and replaccd at
CONTRACTOR's c,'tpensc. '
IJ.9. rf ENGlNEER considers it necessary or advisable
that Covered Work be observed by ENGINEER or inspected
or tested by others. CONTRACTOR. at ENGINEER's
requeSt. ShllJI uncover. expose: or otherwise make l1Vailllble
{or observation. inspection ~r Ics[in. as ENGI:--': EER ma,'
require. rtlll[ ponien of the Work in question. furnishing ail
neCessary Illbor. :material and equipment. If it is found tJ:U.1l
SUch Work is J~t~cti..(" CONTRACTOR shaJ(be:lr:l1l direct.
. indirect ~nd consequential costs of such uncovering. e.,<po-
sUte.observation. in~p~clion and te.sting and of smisfactory
reconstructi~n. [including bur not limited to fees nnd charics
of en!:ineers. architecrs, anorneys and other profc:ssionllls I.
and OWNER shall be entitled 10 an appropriate t.lc:creasein
Ihe Contl4lct Price. llnLl. if (he purtie~ ure unubh: to agree as
~o rhe ~rn\)un( thereof. n'a~' mnke: a claim rhc:rc:for:1:\ providc:d
In Article II. It'. nll\\el"er. :'iuch Wurk is not ,fllund 10 be:
at]i'l'r;.,.,:. CO:-':TR..H.TOR ..hull be allowed an increllsc: in
Ihe Cl.lnlrJ\:t Pri..~ :1" ../1 ~.\i~~sion of th~ Contrtl.:t Time. llr
bOlh, uirecl!r ,HlrioUlable 1<.1 such uncovc:ring. ~~posurc:.
obsc:r\"tuion. inspeclion. lestiru! ami reconstruclil'n: amI. if
the: pllni~:; un: unable III uJ.lre~ us 10 the: llmounr or e:.'<lent
-:-....
/
thereof, CONTRACTOR may make a. claim therefor as pro.
vided in Articles 11 ;Jnd 12.
O",n" May Stop the Work:
13.10. If che Worle is defer:til'e, or CONTRAcrOR fails
to supply sufficient sleilled worker, or suitllble ma,tcrials or
equipment. or fails to fumish or perform the Work in such a
way Ihat the completed Work will conform to the Conlract
Documents. OWNER may order CONTRACTOR 10 s~op the
Work. or ~ny portion thercoC. until the cause for such order
has been eliminated: howey.er. rhis right of OWNER to stop
the Work shall not give rise to any dury on the part of OWNER
to exercise rhis right.for the benefit oC CONTRACTOR or .
any olher party.
Corr,ction. or R'moval a/ D,/,etiv, Work:
13.11. If required by ENGINEER. CONTRACTOR shaH
promptly. as directed. either cqrn:ct all defect;~., Worle.
whether or not fabricated. instaHed or comp/etcd. or. if ihe
Work has been rejected by ENGINE~R. rem~Ye it from the
site,and replllce it with nOllde/uril" Work. CONTRACTOR
sha!l bear aU direct. indirect :1nd conscquential cosu of such
correction or removal (including bU[ not limited to fees and
charges of engineer~. architecls. imomeys'and other profes-
sionals) made necessary thereby.
One Y,ar CoTrtcrion Period:
13.12. If within one year after the daLe of Substantial
Completion or such longer period of time as may be pre-
scc:ibed by L01WS or RegUlations or by rhe lenns of any appli-
cable speci;J1 guarantee required by the Contract Documents
or by any specific provision of the Contract Documents. any
Work is found 10 be ritjtcril't, CONTR.-\CTOR shall promptly.
. without cost to OWNER and in accordance with OWN'ER's
written instructions. either correct such atf'trri,.t Work. or.
if it has been rejccted by OWN,ER. remove i[ (rom rhe site
and replace it with llonJtjtcrj"1! Work. If CONTRACTOR.
docs not promptly comply wirh the terms of such in5tnJctioru.
or in an emergency where delay would Cl1use serious risk of
Iou or damage. OWN ER may have the Jej'tL'iil.t Worle cor"
rected or the rejected Work removed and replaced. and all
direct. indirect and'consequential cosrs of such removlll and
replacement (inclUding but not limited to fee, a.nd charges of
engineers. architects. attomeys and orher professionals) will
be paid by CONTRACTOR: In special circumstances where
a pnr:ticular item of equipment is placed in continuous service
before Substantial Completion of all I he Work. the corre~tion
period for that item may start to run from an earlier dllte if
so provided in the Specifications or by Written Amendment.
A.Cctplane, of Dlflc/iv, Work:
IJ. JJ. !f. instcad of requiring correction or removlll and
replaccment of de/lft.t;.'/! Work. O"NNER (IInd. prior ro
ENGINEER's recommenuution of finlll po.yment. also
ENGIN EER] prefer.; tu lIcc.:pt it. OWNER may do ~o. CON.
TRACTOR shall heur all I.Jirect. indirect and cunsequcntilll
1S
costs uuibutable [0 OWNER's evaluation of and determi-
nation to lCCept such defective Work (sucb costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges.of engineers. architects. attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment,.a
Change Order Will be issued incorporatinli the necessary revi-
sions in the Contract Documents with respect to the Work;
. and OWNER shall be entitled to an appropriate decrease in
(he Contract Price, and. if the panies are unable to agree as
[0 the amount lhereof, OWNER may make a claim therefor
as provided in Article 11. l!the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
OWNER. May Corr,a D'I,env, Work:
13.14. If CONTRACTOR fa11s within a reasonable time
alter written notice of ENGINEER to proceed to correct and
10 correct dtftcriv, Work or to remove and replace rejected
Work as required by ENGiNEER in accordance with para-
graph !J,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, mer 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 tbe extent.
necessary to complete corrective and remedial action. OWNER:
Illay exclude CONTRACTOR from all or part oftllc 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 whicb arc stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
tatives. qcnts and employees such access to the sit~ 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. righu and
remedies will be charged apjrist CONTRAcrOR in an amount _
approved as to reasonableness by ENGINEER, and a Change
Order will be issueQ incorporating the necessary revisions in
the Contract Documents with respect to the Wort: and
OWNER shall be entitled to an appropriate decrease in the
Contract Price. and. if the panics are unable to agree as to
the amount thereof. OWNER Illay make a claim therefor as
provided in Anicle I L 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 COUrt and arbitration costs and all C!)sts of repair and
replacement Qf work of olhers destroyed or damaged by
corrcction, removal or replacement of CONTRACTOR' s
d~ftr:rivl! Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in per-
fonnance of the Work attributable to the excrcise by OWNER
of OWNER's rights and remedies hereunder.
ARTICLE I4-PA YMENTS TO CONTRA<::'rOR AND
COMPLETION
Sch,duJ, of YcW,u:
14.1. The: schedule o( values estabfished as provided in
-paragraph 2.9 will serve as the basis for progress payments
and will be incorporated inco-l form of Applicatian for Pay-
ment acceptable to ENGINEER. Progress. payments on
accounl of Unit Price Work will be ba.sed on the number af
units completed.
App&li/ionfar fra'lTUS Paym,m:
14.2. At least twenty days before each progress payment
is scheduled (bUt not more often than once a monelll. CON.
TRACTOR shall submit to ENGINEER for review an Appli-
cation -for Payment filled out and signed by CONTRACTOR
covering the: Wart completed_as ofehc date of the Applicatian
and accompanied by ~uch supportins documentation as is
required by the Contract Documents. If payment is rcquest~
--on the basis of materials and equipment not -inc:tlrporated In
the Work but delivered and suitably stored at ellc site or at
another location alP'"eed to in writing, the Application for
Payinent shall also be accompanied by a bill of sale. invoice
or other documentation warranting that O~ER ha.s received .
the materials and equipmentfrce and clear of alllieils, chaliCS.
security interests and encumbrances (which arc hereinafter
i.a these Geoeral Conditioll5 referred to as "Liens") and
evidence thaf the materials and equipment arc covered by
appropriate property insuranc~ and other arrangements to
protect OWNER's interest therein. all of which will be sat. .
Isfactory-to OWNER. The amount of.retainage with respect
to progreu payments will be. as stipulated in the Agreement.
CONTRACTOR's Warrant)' ofTltU:
14.3. CONTRACTOR warranlS and guarantees that title
to aU Work. materials and equipment covered by a_DY Appli.
cation for Payment. whether incorporated in the Praject or
not, will pass to OWNER 1'11'1 later than the time of payment
free and clear of aU Liens.
R ell~w of AppliClllions fo,. Prornrs Paym,l1l:
14.4. ENGINEER will. within ten days after receipt of
each Application for Payment. either indicate in writing a
recommendation of payment and present elle Application to
OWNER. or return the Application ta CONTRACTOR indi-
cating i~ writing' ENGINEER's reJUons for refusing to rec-
o.mmend payment. In the latter case, CONTRAcrO~ may
make elle necessary corrections and 'resubmit the Applica-
tion. Ten days after presentation of tbe Application (or Pay-
ment with ENGINEER's recommendation. the: amount J"C1:-
ommended win (subject to the provisions of elle I.ast sentence:
ofp~ph 104.7) become due and wben due will be ~id by
OWNER to CONTRACTOR, (In accordance with
the Georgia Prompt Pay Act )
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
26
representarion by ENGIN EER ro OWNER. bllsed an ENGI-
NEER's on-sire observarions of [h~ Work in progress ElS an
experienced and qualified design professional_-llnd on ENGI.
NEER'.~ review uf [he Application tor Payment and [he'-
accompunying data and schedules lhllt the Work has pro-
greslled [0 (he poine indic;1(ed: (hal. LO the best of- ENOl-
NEElh knowledge, intormntion and belief. the qunlity of
the Work is in accordance with the Contract Documenrs-
(subject to an evaluation ofrhe Work as a functioning whole
prior to o~ upon Substantial Completion, to-the resul1.5 of any
-subsequent tests called for in the Conrract Documents. to a
Jinl1l determination of quan tities llnd clllssiticlltions far Unit
Price Work uneter paragraph 9.10. and to llny ather qualifi-
cations litated in the recommendationl:lI.nd that CONTRAC'-
TOR is ~ntitled to paymenr of [he: amount recommended.
However. by recommending any-such payment-ENGINEER'
will nOlthereby be deemed to have represented th'at exhaus-
tive or continuous on.sire inspections have been made ro
check lhe quality or [he quantity ot' the Work beyond the
rC3ponJibi!itie15 speciticallyassigned [0 ENGlNEER in [he
Contract Documents or tbac there- may not be other mal[crs
or issues between [he parties thar mighl entitle CONTRAC.
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR. .
/4.6. ENGINE,ER's recommendation of final payment
wiH constitute an additional represe:n-[a[ion by ENGINEER
to OWNER that the conditions precedent to ~ONTRAC-
TOR's being enrided to final payment as se[.forth in paragraph
14.13 have been fulfilled.
(4.7. ENGlNEER may refuse 10 recommend the whole
or any part of any payme~t if, in EN-GINEER's opinion. ii
would be inc:orrectto make such represenllllions to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment. or. because of sUbsequerllly discovered evidence or
thc results of subsequent inspections or rCHS. nullify any such
payment previously recommended. 10 such extent as may be
necessary in ENG IN EER' 5 opinion r~ protect OWNER f~o~
105s because:
14.7.1. the Work is dl!fectil.t, or complered Work has
been damage? requiring correction or replacement. -
J-I.7.2.. the Cont/"llct Price has been reduced bv Writ-
ten Amendment or Change Order. .
14.7.3". OWNER has been required [0 correct dej~('-
tll'~ Work or comple[e Work in accordance with paragmph
13.14. or
1~.7.4. of ENGINEER's aClual knowledge of the
occurrence ofnny of the events enumerated in paragraphs
/5.1. J ehrough 15.::!.9 inclusive.
OWNER may refulIe to make payment of Ihe full am~unr
recommended by ENGINEER because claims have b~en
made againse OWNER on acc;uunr ufCONTRACTOR's p~r.
formnnce or furnishinll' uf the Work or Li~nli hav~ been fih:d
in connectiun with Ihe -Work or there an: olher items c:nritling
OWNER to a set-orfagainslthe 111l0Unt recommended. but
OWN ER must give CONTRACTOR immedi!ltc writlen notice
(with a copy Co ENGINEER) st. During such operation
and prior to Substantial Completion of such part of the
Wor.k. OWNER shali allow CONTRACTOR reasonable
access Lo complete or correct items on said Iisl and to
completC other related Work.
14.10.3. No occupancy or separate operation of part
of che Work will be accomplished prior to c.ompliance with
the requiremenu of paragraph 5.1j in respect of property
insurance.
. FlMJ lrup.cdon:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a linal inspection with OWNER and CON.
TRACTOR and wiU notify CONTRACTOR in writinl of all
paniculan in which this inspection reveals that the Work is
incomplete or d~fect;vt. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi.
ciencies.
FinD! /..pplicJlJUJrr lor Paym~nt:
14.12. After CONTRAcrOR has completed all such .cor.'
reetions to the satisfaction of ENGINEER and delivered all
maintenance and operatini instl11ctiollS. sched\llcs, guaran.
tees. Bonds.- certificates of inspection. markB"d-up recof'!!
documenu..(as provided in para,rapl1 6.191 a.nd other docu-
mcnt5-aU as required by the Contract Document!. and after
ENGINEER has indicated chat the Work is accepcable (sub-
ject to the provisions of paragraph 14. J 61. CONTRAc:TOR
may make application for tinal payment fOllowing the pro-
cedure for progress paymentS. The firIaI AppliCation for Pay-
ment shall be accompanied by all documentation called for
in che Conrr.act DoCuments, together with ~mplete and leplly
effective releases or waivers (satisfactory to OWNER) of all .
Liens arising out oC or liled in connection with the Work. In
lieu thereof and as a.pproved by OWNER. CONTRACTO.R
may furnish receipts or releases in fuU: an affidavit of CON-
TRACTOR that the releases and receipts include all labor,
services. material and equipment for which a. LIen could be
flied. and that all payrolls, material and equipment -bills, and
other indebtedness connected withihe Work for which
OWNE-R or OWNER's propeny might inany way be respon-
sible, have been paid or otherwise 53.tistied: and consent of
the surety. if any I to final payment. If any SubcontTaClor.or
Supplier rails to furnish a. relea.se or receipt in full, CON.
TRACTOR ma.y fumish a Bond or other collateral satisfa.c.
tory to OWNER to indemnify OWNER apinsl any Lien.
FilUli l'aymMI and A.cc,ptantt:
14.13. If. on the basis of ENGINEER's observation of
the Work during consuiJction and final inspection. and
ENGINEER's review of the linal Application for Payment
and accompanying documentation-aU as req.llired by the
Contract Documents, ENGINEER is satisfied thae the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled. ENGI-
NEER will, within ten days after receipt of ehe tinal Appli-
cation for Payment. 'indicate in writing ENGINEER's ree.
ommendation of payment and prescnt Ihe Applicadon to
OWNER for payment. Thereupon ENGINEER will JiyC
written notice to OWNER and CONTRAcrOR that the Work .
is acceptable subject to the provisions of paragraph 14.16.
28
Ocherwise, ENG[NEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for' refusing to
recommend final paymeot, in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thirty days after presentation 10 OWNER of the
Applicalion and accompanying documentation, in appropri-
ate form and substance, and wichENGlNEER's recommen-
dation and notice of accepcllbifity. che amount recommended
by ENGIN EER will become due and will be paid oV OWNER
co CONTRACTOR. (In accordance with the
Georgia Prompt Pay Act).
14./4. If. through no faull of CONTRACTOR, linal com,
pletion of the. Work is signiticRmly delayed and if ENOl-
NEER so confirms, OWNER shall. upon receipc of CON~
TRACTOR's Iinal Application for Payment and recommen.
dation of ENGINEER. and without terminating the Agree.
ment. make paymenc of the balance due for that portion of
. the Work fu/Jy completed and accepted. If che remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in che Agree-
mel.1t. and if Bonds have been furnished as required in para.
graph 5.1. the written consent of Ihe surety 10 the payment
of the balance due for that portion of'the Work fUlly com.
pleted and accepted shall be submitted by CONTRACTOR
10 ENGINEER with the Application for such payment. Such
payment shall be made under the terms and condicions g~v-
eming linal paymenc, except that it -shall not constitute a
waiver of claims.
Contractor's Continuing ObligaJion:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with Ihe Contract' Documents
shall be absolUte. Neither' recommendation of any progress
or tinal payment'by ENGINEER. nor the issuance of a cer.
ciJlcate of Subs tanria! -Completion. . nor any payment by
OWNER 10 CONTRACTOR under theCorltract Documents.
noranyuse or occupancy of Ihe Work or any part thereofby
OWNER. nor any act of acceptance by OWNER nor any
failure 10 do so. nor any review and approval of a. Shop
Drawing or sample submission. nor the issuance:of a notice
of acceptability by ENGINEER pu-rsuant to paragraph 14.13.
nor any correction of de/ecrh'e Work by OWNER \~i11 con-
sCitute an acceptance of Work not in accordance. with the
Cammet Documencs or a release of CONTRACTOR's obli-'
glllion to pert'orm che Work in accordance with the Contract
Documents rexcept :IS provided in p'arngraph 14.161.
lYai~'u' of C/flims:
I ~.16. The making and acceptance of final pll~'ment will
constitule:
1~.16.1. u waiver of all claims b\' OWNER a2ainst
CO~TRACTOR. excepc clai1ns arising from ~ns~ttleu
Lie:ns. from ,IelC'('liI',' Work appearing after finlll inspec.
tilln pUr~uant 10 pm:lIgraph 14.11 or from failurecl1comply
wilh.lhc: Contr.J.ct Documenls or the: terms of any specilll
guarantees specilic:d therein: howc:vc:r. it will nOI consti-
ture ;1 \v.li....er h}' OWNER- 0f anr rights in r~spccl llf
CONTRACTOR's conlinuing Obligations under che Con-
tracc Documencs: and
14.16.2. a waiver of all claims by CONTRACTOR
againsc OWNER other than thos c previously made in writ-
ing and still unsettled.
ARTICLE 15-SUSPENSION OF WORK AND
TERMINA HON .
Owner May Swp,nd Work:
l5.1. OWNER may. at any time and without cause. sus-
pend the Work orany portion.thereof for a period qfnotmore
Ihan ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the dace on which Worle will be'
resumed, CONTRACTOR shail resume the Work on the date
50 fixed. CONTRACTOR shall be aIlowe d an increase in the
Contract Price or an extension of the COntract Time. or both.
directly actributable to. any suspension if CONTRACTOR
makes an approved claim cherefor as proYide~t! Articles II
and t:!.
Owner May TmnilJaU:
15.2. Upon the occurrenc~ of anyone or more of the
fOilowin-g events:
15.2. J. if CONTRACTOR commences a voluncary case
under any chapter of the Bankrup[(;y Code (Title II. United
Staces Code), as now or hereafter in effect. or if CON-
TRACTORtaJees any equivalent or similar action hy filing
a pecition or otherwise under any other federal or state
law in effect at such cime relating to the bankruptcy or
insolvency;
15.1.2. if a pecition is filed apillSt CONTRACTOR
under any chapler of 'the Bankruptcy Code as now or
.hereafter in effect at Ihe lime of Iiling. or if a petition - is
tiled seeking any such equivalent Or similar reliefagainst
CONTRACTOR under any other federal or state law in
effect at the cime relating 10 bankruptcy or insolvency.:
15.:U. if CONTRACTOR makes a generllJ assignment
for che bene lit of credicors:
15.1.4: if OJ. lruStee. receiver. custodian or agenc of
CONTRAcrOR is appointed under applicable law orunder
contract. whose appointment or authority to take charge
of property of CONTRACTOR is tor the purpose of
enforcing a Lien againST such property or for Ih~ purpose
of general !Idministration of such property for the benetil
of CONTRAcrOR's cr~di[Ors: .
. 15.2.5. if CONTRACTOR udmics in wr-iting an i1\abil.
icy. to pay its debts generall~' as they become due:
15.2.6. if CONTRACTOR persislentl~' fails to perform
the Work in accl)rdam;~ with the Contracl Documen15
~9
(including, but not limited to. failure to supply sufficient
skilled workers or .suitable malerials or equipment or
failure [0 adhere to tne progress schedule eSlabli$hed under
paraanph 2.9 as revised from time to time):
15.2.7.. if CONTRAcrOR disregards Laws or Regu.
lations of any pUblic body having jurisdiction:
15.2.8. if CONTRACTOR disregards the authority o(
ENGINEER: or
[:).2.9._ if CONTRACTOR otherwise violales in any
subs~nlial way any provisions of the Contnc:t Docu.
menlS;
OWNER may, after givinr CONTRACTOR (and: the surelY,
if there be one) seven days' written notice and to the - extent
permitted by Laws and Regulations, ti:rminatethe services
or CONTRACTOR. exclude CONTRACfOR from the site
Uld take posseuicnofthe Work and orall CONTRACTOR's
100ls, appliances, constn!ction equipment and machinery at -
the site and Use the same to the fuU extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass orconvenion). incorpo~te in the Work all materials
and equipment stored at the site- or for which OWNER has
paid CONTRACTOR but which are stored ebewherc. and
Iinish the Work a.s OWNER lIlay de~m expedi-ent. In such
case CONTRAcrOR sball not be entitled to receive any
further payment unlil the Work: is finished. If the unpaid
balance cflhe Contract Price e;cceeds Ihe direct. indirect and
consequential costs.of completing the Worle (including but
not limited 10 fees-and charlie! of engineers.-a.rchitects. attor-
neys ana other profes!ionals and court and arbitration COSts)
such excess will ~e paid to CONTRActOR. If such cosu;
exceed such unpaid balani:e. CONTRACTOR shall pay the
difference to OWNER. Such com incurred by OwNER will
be approved as to reasonableness bv ENGlNEER and incor.
porated in a Change .order. bu~ when exercising any rights
orremediesunderlhis paragraph OWNERshaU not be required
to obtain tl1e lowest price for the Work performed.
15.3. Where CONTRACTOR's servicc:s have been so
(cnninaled by OWNER.- thc lermination will not affect lUly
rights or remedies of OWNER aptnst CONTRACTOR then
'existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWN-ER \Ifill
not release CONTRACTOR froll1llability.
15.4. Upon seven days' wrinen notice to CONTRAC.
TOR and ENGINEER. OWNER may, withoUI cause and
without prejudij:e 10 any other right or remedy, elect 10 aban.
don the. Worle a.qd terminatc the Agreement. In Juc:h ease,
CONTRACTOR shall be paid for all Worle e~ec:uted and any
ex-pc:nsc sustained pltu reasonable lermination cxpense.s. which
will include, buc nOI be Iimiled to. direct. indirect and con-
sequential cost.! (inclUding. but not limited to. fees and charles .
of etisineers. architects. attorneys and other professionals
and court and arbitration com). -
COn/rar:lDr May SlDp Work 0" r,rmilrtlU:
1S.5: If. through no act or fault of CON'rRAcrO~. the
Work is ~u5pended (or a. period of more than ni~ly days by
OWNER or under an order of court or other -public authoriry, . '
or ENGINEER (ails 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 finaHy deter-
minei to be due. then CONTRACTOR may. upOn seven
d:loJ's' wrinen notice to OWNER and ENGINEER._terminate
the Agreement and recover from OWNER paymeot for all
Work executed and any expense sustained' plus reasonable
termination cxpenses. In addition and in lieu of tenninatinc
the Agreement,. if ENGINEER has tailed to act 011 an Applj.
cation for Paymcnt or OWNER has failed to make any pay-
, ment as aforesaid,. CONTRACTOR may uponsc'Ien days'
'written notice co OWNER and ENGINEER stop the Work
until payment of all amounts then due. The pro\'isions of this
paragraph shaH not relieve CONTRACTOR oCthe obliplions
- under paragraph 6.29 to carry o~ the Work in - accordance
with the prOiI"CSS schedule and without delay during disputes
and disagreements with OWNER.
. [The remainder of thIs page was left blank imeillionaJly.]-
~."'" " .
30 -
ARTICLE 16--AREITRATION
16.1 All claims, disputes and other matters in question betyeen
OWNER and CONTRACTOR arising <.out of, or relating to, the Contract Docu-
ments or the brea.ch thereof shall be < dec 1ded under Georgia. Lav 11:1 the
Superior Court of Richmond County, Georgia.
(The remainder of this page was left blEink intentiooa.lly.)
,
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....""..
~,
(Th1s page was le:f't blank 1ntent1ol18.l1y-.)
~
32
ARTICLE l7-MISCELLANEOUS
GMlIg No(ic,:
, .
L1.1. . Whenever any provision of the Contract Docu-
ment.! requii'cs the giving afwritten.noticc. it will be deemed
to have been validly given if delivered in person to the indi-
vidual or to a member af the /Jnn or to an officer of the
corporation [or wbom it is intended. or if delivered afar sent
by reaistered or. certified mail. postagl: prepaid, .to the last
bwiness a~dress known to tlte giver ~f me notice.
CowrpuJatU1n o/T/m,:
17.2.1. Whe!! any period of time is referred to in the
Contract Document" by days. it will be computc:dto exclude
the litsr and include the I~se day ofsucb period. It the last
day of any such period faIls on a Saturday. or Sunday or
on a day made a legal hOliday by the law of the applicable
jurilldiction, such day will be omitted from the computa-
tion. .
17.2.2. A calendar day of twenty-rourhour.s measured
from midnight to the nexe midnight shall consdturc a. day,
G~n,raJ:
17.3. Sho~ld OWNER or CONTRACTOR sutTer injurY
or damage to person or property because of any crror; omis~
.'-4:!'o..
sion or act of the.other pany or of aay althe other party'.s
IImployees or agellts or others for whose acts the other pllty
is legally liable. cj.a.im win be . made in writing to the otber
party within a reasonable Ume of the ftne observance oftllch
injury or damage. The provisions a/this paragraph 17.3 s!taU
not be con.strUed as a SUbstitute for.or a waiver of the pro-
visions ~f any appUcable statute of limitations or repose.
.17.4. The duties ~d obligatiOn! imposed by ~eSe Gen-
er3l Conditions and the rights and.remedies available here-
under to the parties hereto; and. in particular but without
limitation. the Warranties. guarantees and oblisations imposed
Upon CONTRACToR by paragraplls 6.30, 13.1. 13.12. 13.14.
14.3 and 15.2.and aJf .of the rights and remedie.s aV811able to .
OWNER and ENGINEER thereunder. arc in addition to.
. and arc not to.be constrUed in lUtY wily as a Iimiwion of. any .
rilif1ts and remedies availab!e to any or allafthem which are
arlieiwise imposed or available by Laws or Relttlations. by .
. special wananty or iuar:antee or by other provisia.l1S af the
Contract Documents; and the provisions of this plUllgrapb
. wiD be as effective as if repeated specilically in Ute Contract
Documents in .connection with each Partictildduty, "blip'
tion. right and remedy to which they 8pply. AU representa-
tions. wamuitie.s and iUaramees made in the Contract Doc.
uments will sumve.t1naI payment and termination or com-
pletion of the Agreement.
33
SUPPLEMENTARY CONDmONS
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 project.
Current insurance coverage will remain in effect for the life of this Contract.
1.2 CONTRACTOR'S LIABILITY:
As indicated under Section 5.3 of the General Conditions, the Contractor's Liability
Insurance shall be in an amount not less than $200,000 for injuries, including accidental
death, to anyone person, and subject to the same limit for each person, in an amount not less
than $500,000 on account of one accident, and Contractor's Property Damage Insurance in
an amount not less than $100,000 for all property damage sustained by anyone person in any
one 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 eXIstmg water lines, telephone lines,
gas lines, other utilities and private structures contiguous to the job site.
1.4 TESTING LABORATORY:
All testing and laboratory work in connection therewith shall be perfonned by an
independent firm and paid for by the contractor. Copies of all test reports shall be forwarded
to Augusta Engineering Department. There will be no separate payment for this work.
SC - I
Engineering Depanment
Lover's Lane Evacuation Route
1.5 SURVEYS:
The Contractor will provide surveying for construction staking~ horizontal control~ and
vertical control as necessary, utility staking, and as built.
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 Director of Engineering, or their
official designee.
1.8 UNDERGROUND UTILITIES: (Referen~es 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 project, of the construction
and its affect on traffic.
SC-2
Engineering Department
Lover's Lane Evacuation Route
SECTION P
PROPOSAL
Date: &3)P~
Gentlemen:
In compliance with your invitation for bids dsted ~. 2008, the undersigned hereby
proposed' to furnish all labor~ equipment, and materia s,. and to perfonn all work for the
installation of roadway improvements. and appurtenances referred to herein as:
LOVER'S LANE EVACUATION ROUTE
PROJECT NUMBER: N/A
In strict accordance with the Contract DO~. urn and in consideration of the amoun
the Bid Schidule, at~ched Ilereto anq totalin .. f\
liif-- I\\JNl\"eA- ~ . 6; kb. wJ4" . -\ '.
DOLLARS($ 3+B.~S().l)D ~
The undersigned hereby agrees that, upon written ac~ptance of this bid, he will within 10 days
of rec~ipt of such notice execute a formal contract agreement with the OWNER, and that he will
provide the bond or guarantees required by the Contract Documents.
The undersigned hereby agrees that, if awarded the contract, he will commence the work within
lQ calendar days after the date of written notice to proceed, and that he will complete the work
within 90 calendar days. .
The undersigned acknowledges receipt of the following addenda:
Addendum Number:
-=;1:1
Addendum Date:
~~ \CO zoog
RespectfUH:t...submitted~ ~
MAbus C/1JS tZv.. I Me ..
. ~$ A1:Sf.J RlA':JIst. aA ;!tJ:Jd /
:~Slfi1 I .
Tltle: II fJ.
P - 1
Engineering Department
ul\'er's Lane J-:vaeullrlon Route
LOVER'S LANE EVACUATION ROUTE
PROJECT NUMBER: N/A
PAY UNIT
ITEM DESCRIPTION UNITS OTY PRICE AMOUNT
000-0000 R.C.P. PIPE 80' OF 24" LF 80 ~38.S0 #'3. an, OC)
000-0000 HEADW ALLS EA 2 # 2;'ioo. $C5,f!aJ,/D
,. /l -xJIXZ>, /Ill
OOI-IO()() FORCE ACCOUNT LS I j -;qcXO,
150-1000 TRAFPIC CONTROL LS I r.15,ca:l ~tJ5CJ:X).~
163-0232 TEMPORARY GRASSING AC I ~8S0,C1C gBg:), 00
163-0240 . MULCH/uSE MATTING TN 3 ; JX),oo J ~ lCO, t>>
163-0300 CONSTRUCTION EXIT EA I '3an .t3.00J,lD
165-0030 MAINT. OF TEMP SILT FENCE. TP C LF 2,600 ~ 7S 'I 9'3J4 4)
171-0030 TEMPORARY SILT FENCE TP C LF 2600 ~3,SO JJ ~, . tOO , 00
201-1500 CLEARING AND GRUBBING LS 1 _3~~ If. '3 (Xn.oo
208-0100 IN - PLACE EMBANKMENT (FULL) CY 7760 . 15.75 8 # 64::), <<>
210-0100 GRADING COMPLETE LS I ~ srJo75. 112{:P7S
s.... 18.'5 -.JI, 1874-5,10
310-5080 GR, AGGR, BASE SRS,~IN,INCL., MATERIAL SY 2,300
I " i7.'3S J- DO
402.3100 RECYCLED ASPHALT CONC. 9.5 MM SUPERPA VE SY 2500 1t3. L.s I~,
402-4510 . RECYCLED ASPHALT CONC. 19 MM SUPERP A VE 2.:' SY 2500 /t/2,4.4- /J ~I 1<:0,00
402.45] 0 RECYCLED ASPHALT CONC. 25 MM SUPERPA VE +" SY 2,500 IZZ ,9il It'57. 4-75. ~
603-2012 STONE DUMPED RIPRAP. TP I, 12 IN. SY 500 Jb6C. ~ It S)(uJ. .4)
I 1'/,10 1I/3ZD 00
653-150 I THERMOPLASTIC SOLID TRAFFIC STRIPE, 5 IN., WHITE LF 1,200
653-1502 THERMOPLASTIC SOLID TRAFFIC STRIPE,S IN., YELLOW LF 1.200 I " 10 11/ 320. ~
700-691 0 PERMANENT GRASSING AC 1.2 11.7cn 1D /J;;)~,OQ
TOTAL BID: <i~t9fD,O
..,-
g
(/g)
P.2
Engineering Department
Lover's Lane t;Vl\ruation Route
LUMP SUM CONSTRUCTION
LOVER'S LANE EV ACUA TION ROUTE
PROJECT NUMBER: N/A
NOTE: List all Lump Sum Construction items in detail with associated costs. FAILURE TO
PROVIDE THIS BREADKDOWN MAY DISOUALITY THE BID.
2
~
3
4
5
6
7
8
9
10
II
12
13
14
15
16
$ 3.SX:>,oO
$ 4-(XX)I~
~
$ .4 ~J$
,
$. (,ZS.~
$ Gm,~
$ \ ~ ~5:). Q;)
():)
$.3.-0:0~
$
$
$
$
$
$
$
$
$
?q 0\1$, Dc)
TOTAL LUMP SUM AMOUNT $ ~. I ( ,
<,t!J)
Use additional sheets if needed.
P-2-A
GENERAL NOTES
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.
.Prior to any resurfacing the contractor shall identify and reference all structures so the
precise locations can be determined after resurfacing. This shall be done in the company of
the ARC Inspector. This shaD be the first order of work where minor structures requiring
adjustment are included in the contract.
AGGREGATE SURFACE COURSE:
The item aggregate surface course is for use in inclement weather to facilitate the movement of
local traffic along roadway construction and to permit ingress and egress at drives. When used for
this purpose, Section 318. Georgia Standard Specifications, is modified to permit truck dumping on
unprepared and muddy subgrade. Section 318 is further modified to permit the use of crusher run
stone as described in Subsection 806.02.
The Contractor will have the choice of the following materials:
Graded Aggregate
Coarse Aggregate Size 467
Stabilizer Aggregate Type 1 or 2
Crushed Stone
Subsection 815.01
Subsection 800.01
Section 803
Subsection 806.02
All materials to be used as directed by the Engineer.
AS-BUILT PLANS:
The contractor shall furnish a complete, legible set of "as-built" plans, prepared and certified by a
qualified Georgia Licensed Professional Land Surveyor (PLS), to Augusta Engineering Department
seven (7) days prior to the date of the Final Inspection. The Director of Engineering or hislher
designee shall review the submitted as-built plans for accuracy. legibility, completeness, and
conformity with approved construction plans. Upon approval of submitted as-built. three (3) hard
copies and one electronic (CD - in GA State plan coordinate) copy shall be submitted to the
Engineering Department for record and Director of Engineering signature. There shall be no
separate payment unless otherwise shown.
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 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.
COMPACTION:
All compaction shall be as defined in the current edition of Georgia department of Transportation
Specifications. Special attention shall be given to the backfill of minor structures (pipe, box
culverts. manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using approved
tamps and soil layers of approximately 6 inches (loose measure) and in accordance with Georgia
G -1
Engineering Department
Lover.s Lane Evacuation Route
Department of Transportation Standards 1030-0 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.
Backfilling of pipe structures shall be incidental to the pipe structure bid item.
NOTE: When sand and jetting/flooding method is used the warranty for the
backfilled area is extended from 12 months to 24 months. A plan for the jetting/flooding
shall be submitted at the Pre-Construction Conference.
CONCRETE:
The Contractor shall have a slump cone on the project at all times when concrete is being placed.
He shall, in the Engineer's presence, perform slump tests as directed by the Engineer. Tests shall be
performed by qualified personnel with a properly cleaned slump cone. Allowable slumps are 2"
minimum and 4" maximum. Class "A" concrete shall have a minimum of 611 lbs. Cement per
cubic yard. Class "B" concrete shall have a minimum of 470 lbs. Cement per cubic yard. Concrete
not meeting these requirements will be rejected by the Engineer.
NOTE: No concrete shall be placed Wltil all required equipment such as slump cone, curing
compoWld and dispensor, etc., all in good working condition, are on the site. Inspectors
must be given a minimum one-hour advance notice. No concrete shall be placed without the
Inspector present Wlless otherwise directed by the Engineer. All concrete shall be placed
during the Inspectors normal working hours, 9:30 p.m. to 6:00 am. unless otherwise
directed by the Engineer. Formed surfaces shall receive finish immediately after removing
forms. Forms shall be removed as provided in Section 500 of GDOT Specifications.
CONSTRUCTION:
Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite curb, header
curb, etc.) shall be paid for in the Wlit price bid for curb and gutter unless otherwise noted.
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 FooL
Where curb and gutter is used and the shoulder elevations are higher than adjacent ground, the
actual direction of drainage runoff shall be determined by the Contractor. He shall make such
provisions as necessary to ensure that no ponding is caused by the new construction. He may place
additional fill to provide drain inlets. Compensation will be under the price bid for the appropriate
pay item. Driveway profiles may also be altered allowing the concrete pad to slope down outside
the back of the curb line not to exceed an algebraic difference of 0.07. This should be used
primarily on the high side of super-elevated curves. The Contractor should use caution with
standard variance and place special emphasis on hydraulic considerations.
0-2
Engineering Department
Lover's Lane Evacuation Route
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 Subsection 107.23 and Section 160 of the
Standard Specifications and page PPA-l of this document.
All storm drain pipe, side drain pipe, pipe culvert wing-walls, 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, or Grading Per
Mile on Lump Sum Construction..
Cut and fill slopes outside of clear zones may be adjusted on construction where necessary to
remain within the right of way.
Curb cut ramps in accordance with Standard 9031- W are to be used at all street intersections on this
project.
Asphalt milling where specified for use on existing pavement that is to be resurfaced adjacent to
curb and gutter. Finished surface on asphalt pavement shall not exceed Y4" above the gutter line as
shown on Georgia Standard 9031-J.
CONSTRUCTION LAYOUT:
Construction layout work shall be performed by the Contractor. See Section 149 of the Standard
Specifications.
CONSTRUCTIONIUTILITY SCHEDULE:
The contractor shall prepare an overall Time-Logic Schedule that includes all major utility
relocations, proposed utilities, and construction activities. A detail schedule for utility relocation
from all utility companies shall be submitted to the contractor two weeks prior to the
Preconstruction meeting, The Contractor shall submit this schedule to Augusta Engineering
Department seven (7) days prior to the preconstruction meeting. The contract shall present a copy of
this schedule at the Preconstruction meeting for discussion. The schedule shall consist of the
following:
1. The noted Responsible Agency for each activity (e.g., Contractor, Sub-Contractor, Utility
Company)
2. The ES-Early Start, EF-Early Finish, LS-Late Start, LF-Late Finish dates
3. The Project Critical Path
4. Activity Duration
The contractor shall also submit the following infonnation with the schedule:
1. List of active construction projects and their projected completion date
2. List of available resources assigned to this project'"
3. Name of Project Team (Project Manager, Superintendent, Foreman) assigned to this project*
4. Subcontractor information such as Company Name, Contact Name, Telephone, and type of
assigned tasks.
.personnel and resources assigned to this project shall not be re.assigned to other projects until after upon approval from Augusta Engineering
Department. Augusta Engineering Depanment reserves the right to deny the submitted project team or parts thereof.
G -3
Engineering Department
Lover's Lane Evacuation Route
Failure to provide aforementioned schedule and information within the specified time will result in
cancellation of the Notice to Proceed. If information is received with thirty (30) days from the date
of the Notice to Proceed Cancellation; contract will be tenninated without further notice.
Within seven (7) days after the Preconstruction Meeting. the Contractor shall provide a revised
schedule with all issues and concerns addressed to Augusta Engineering Department. The revised
time-Logic Schedule shall be color coded with respect to responsibility, and shall be presented on D
size paper (24' x 36").
The schedule shall be updated on a monthly basis displaying percentages of completion on all
activities. The project base line and current date line shall appear on all updates.
The Schedule shall be created using the Microsoft Project or Primavera Scheduling software.
G-4
Engineering Department
Lover's Lane Evacuation Route
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DESIGN AL TERA TIONS:
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.
All changes in engineering design of the project shall be approved by the Design Engineer of record
after consultation with the Engineer. Revised design plan sheet(s) shall be signed and stamped by
the Design Engineer of record and a copy shall be submitted to Augusta Engineering Department
ENGINEER:
In all contract documents, specifications, supporting docwnents, etc., the term "ENGINEER"
means, and shall be deemed to mean, the Augusta-Richmond County Engineering Department
Director or his/her 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 Lump Sum Construction
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 Sub-Section
107.23 of the Specifications and in accordance with page PPA-l.
FENCE:
All new fences called for on the plans and/or contract docwnents 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.
In accordance with Subsection 643.03D, the Contractor must furnish positive locking devices,
padlocks, and keys with all gate assemblies.
FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this project are to be
returned to the pre-existing shape and slope and then finished and dressed. No separate payment
will be made for grassing, fertilizing, and mulching of disturbed areas, unless specifically shown as
a pay item.
FLAGGING:
Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special
Provisions, and as required by the Engineer.
G- 6
Engineering Department
Lover's La11e Evacuation Route
All Flaf!l!eTS shall meet the requirement of part 6F of the MUTCD Current Edition and must have
received training and a certificate upon completion of the training from a Department approved
training program. Failure to provide certified Flaggers as required above shall be reason for the
Engineer suspending work involving the Flagger(s) until the Contractor provides the certified
Flagger(s).
Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket,
and shall use a Stop/slow paddle meeting the requirements of Section 6F-2 of the MUTCD Current
Edition 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 Current Edition. In addition to the signs required by the MUTCD, signs at
regular intervals, warning of the presence of the Flagger shall be placed beyond the point where
traffic can reasonably be expected to stop under the most severe conditions for that day's work.
FOUNDATION BACKFILL MATERIAL. TYPE I:
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207 of
the Standard Specifications. No separate payment will be made for this material or its placement.
FOUNDATION BACKFILL MATERIAL. TYPE II:
Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and Section 207
of the Standard Specifications and shall be used in wet/unstable conditions as directed by the
Engineer. It shall also be used beneath all concrete box culverts. Quantities shall be measured for
payment in accordance with Georgia Standard 1030-D or as directed by the Engineer. Payment
shall be per cubic yard unless otherwise specified in the contract.
GRADES:
With the approval of the Engineer, grades may be field adjusted to provide for best drainage.
INFESTATION:
The entire project is considered to be within the limits of an insect infested area. The contractor's
attention is called to the following sections of the Standard Specifications: (A) 155 Insect control
(B) 893 Miscellaneous Planting Materials.
INSPECTIONS:
This project will be inspected by the Engineer or his Representative.
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.
MAILBOXES:~Existing mailboxes that are in conflict with the proposed construction shall be removed and
relocated. Where feasible the existing mailboxes and supports may be utilized as approved by the
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Engineer so long as the supports are of metal !2lE with a maximum diameter of two (2) inches or
wood, with a maximum diameter of four (4) inches.
NOTE: There shall be no supports of any material other than the two mentioned above. All
existing mailboxes and supports containing brick, masonry of any type, metal. etc. shall be
disassembled and all components, not meeting the above requirements, shall be removed
from the project and disposed in a proper manner.
When not shown as a pay item, payment shall be included in the price bid for Lump Sum
Construction and itemized as such.
MISCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction
Boxes, Spring Boxes, Drain Inlets, speciallnlels, 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. The Contractor shall install the manhole rings and
covers such that the steps can be easily accessed.
NORMAL WORKING HOURS:
The normal working hours for ARC Inspectors are from 9:00 P.M. to 6:00 A.M for this project.
When the contractor elects to work outside these hours, he shall be billed for the Inspectors salary
plus benefits unless such work is initiated by the Owner. The contractor may utilize a certified
testing company in lieu of the ARC Inspector when approved by the Engineer. Payment for the
contractor's testing company will be the responsibility of the contractor.
PATCHING AND REPAIR OF MINOR DEFECTS:
Where needed, the contractor is required to patch and repair existing potholes, minor pavement
defects, and base failures in accordance with the Specifications.
PAVEMENT CUTS:
All pavement cuts shall be sawed with a neat vertical edge, regardless of material, consistently
straight enough that a roller can follow the edge precisely to achieve the desired compaction.
Irregular edges will not be accepted. Payment shall be included in the price of the pipe.
PAYMENT FOR PIPE CULVERT INSTALLATION:
l. 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).
PIPE CULVERTS:
Unless otherwise noted, all storm drain, longitudinal and stub pipes are to be reinforced concrete.
All required pipe culverts shall be in accordance with Standard 1030.D.
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Foundation Backfill Material Type I shall conform to Georgia Standard 1030-0. No separate pay
item will be made for this material for its placement.
Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing
pavement, sidewalk, curbing, etc., and replacing same as specified in accordance with Standard
1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete and
for construction 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.
RELOCATED WATER METERS:
Relocated water meters and water meter boxes may not be placed in the sidewalk.
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 RESETTING OF OBSTRUCTIONS:
It shall be the Contractor's responsibility to remove and reset any and all obstructions, such as
fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns, etc.,
which are in conflict with construction. Contractors are responsible for the security of pets and/or
personal property through the use of temporary fence if necessary. No separate payment will be
made for this work except when shown as a separate pay item.
RIGHT-OF-WAY AND EASEMENTS:
The Contractor shall not perform any work outside the limits of the right-of-way or easements. In
addition, no equipment or material shall be placed outside these areas without written permission of
both the property owner and the Engineer. In the event that the Contractor elects to utilize private
property for any pwpose 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
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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.
All buildings located on newly acquired RIW and/or easements shall be relocated by the Contractor.
Such buildings on existing R/W and/or easements shall be removed by the owner or will become
the property of the Contractor.
SALVAGEABLE MATERIALS:
All salvageable materials, such as drainage pipe, which require removing but not used on this
project, are to be removed from the Right-of-Way, as directed by the Engineer, and recycled or
properly disposed of per applicable local and state regulations. Augusta Engineering reserves the
right to request a copy of disposal documents for these materials.
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. Unless
specifically noted this does not apply to pipe trenches.
SOD:
Sod will not be paid for separately when used to match or replace sod on adjacent lawns as
replacement in kind. See GDOT specifications. subsection 700.04 E.
SPECIAL EVENTS:
When Special Events occur. such as the Augusta Masters Golf Toumament, all work shall be safed
up, shut down and maintained until the Engineer okays the resumption of work. No project is
exempt without the expressed approval of the Engineer. If these type work stoppages impose a
hardship, contract time wise, consideration will be given to extending the contract time in an
amount commensurate with the delay caused by such work stoppages provided the Contractor has
otherwise pursued the work diligently.
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.
The data, together with all other information shown on these plans, or indicated in any way thereby.
whether by drawings or notes or in any other matter, are based upon field investigations, and are
believed to be indicative of actual conditions. However, the same are shown as information only,
are not guaranteed, and do not bind Augusta-Richmond County, Georgia in any way. Only the
actual quantities completed and accepted will be paid for. The attention of the bidder is specifically
directed to Subsections 102.04, 102.05, and 104.03 of the Standard Specifications. of the Georgia
Department of Transportation, current edition, which will be part of this contract.
This project is based on, and shall be constructed in accordance with, the State of Georgia
Department of Transportation Standard Specifications for Construction of Roads and Bridges,
current edition and any supplements thereto. All of these specifications shall be considered as
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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.
SPEND OUT SCHEDULE:
A Spend out Sthedule beginning with the Notice to Proceed and extending through the
anti~ipated construction life of the project, shall be submitted at the Pre-Construction
Conference. Such schedule shaD include the anticipated earnings on a monthly basis.
STORM DRAIN PIPE:
Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be reinforced concrete and
shall include O-ring gaskets.
SUB-CONTRACTORS:
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 approval of his Subcontractor(s) from the
Engineer.
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 24 Hour Phone Number
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.
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.
TEST ROLLING:
Prior to placing any base course, the subgrade shall be proof rolled to locate unstable areas and
achieve additional compaction. Area be proof rolled using a minimum 15 tons flat drum compactor
or other equipment as recommended by the Geotechnical Engineer (such as a fully loaded tandem
axle dumptruck). Geotechnical Engineer and/or a representative of Augusta Engineering
Department will observe and approve proof-rolling. Areas failing compaction shall be reworked.
Any areas judged by the Geotechnical Engineer to rut (should be improved in place or undercut and
replaced with fill compacted to 100 % of soil maximum dry density as determined by the modified
proctor compaction test (ASTM D1557, Method D or equivalent method approved by the
Geotechnical Engineer).
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TRAFFIC CONTROL:
The Contractor shall provide construction signs in accordance with requirements of "Manual on
Unifonn Traffic Control Devices (MUTCD) for Streets and Highways"; current edition with added
supplements and provisions.
The attention of the Contactor is specifically directed to Subsection 107.09 of the Supplemental
Specification-"Barricades and Danger, Warning, and Detour Signs". "The Contractor shall furnish,
install, and maintain all necessary and required barricades, signs, and other traffic control devices in
accordance with these specifications, Project Plans, Special Provisions, and MUTCD, and Take all
necessary precautions for the protection of the work and safety of the public."
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 MUTCD current
addition, as directed by the Engineer and be furnished by the Contractor with payment in
accordance with Section 150.
The Contractor shall so conduct his operations that there will be a minimum of interference with, or
interruption of, traffic on the travel way. This applies to 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 MUTCD, current edition and Georgia Standard 9102.
The Contractor shall provide all temporary traffic control devices needed to safely direct traffic
through the construction area.
All temporary traffic control devices are to be placed in accordance with Georgia Department of
Transportation Standards and Specifications.
TRAFFIC DETOURS:
Where detours are required and in accordance with Section 150 of the Standard Specifications and
any Supplements thereto, the Contractor shall file for approval a detour plan of operation for this
project. This plan shall include details of staging and rerouting of traffic including estimated length
of 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.
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 with the exception of Augusta Utilities and
Augusta Traffic Engineering 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.
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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 Contractor shall use the one-call center telephone number 1-800-282-7411 for the purposes of
coordinating the marking of underground utilities.
The Contractor's attention is directed to the probability of encountering private utility installations
consisting of sanitary sewers, water, sprinkler systems, ornamental light systems, gas and
underground telephone cables that either are obstructions to the execution of the work and need to
be moved out of the way or, if not, must be properly protected during construction. No separate
payment will be made for this work. Public utilities of this nature except Augusta Utilities and
Augusta Traffic Engineering will be handled by the utility owner.
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THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK
BEGINS:
(Contacts revised July 12,2007)
Atlanta Gas Light Company
1840 Wylds Road
Augusta, GA 30913
Phone: (706) 481-1452
Fax: (706) 481 -1495
Attn: Carl Corley
Augusta Richmond County Utilities
360 Bay Street, Suite 180
Augusta, GA 30901
Phone: (706) 312-4132
Fax: (706) 312-4133
Attn: Russell Thies
AT&.T
3841 Wnghtsboro Road
Augusta, GA 30909
Phone: (706) 228 -5203
Fax: (706) 855-1917
Attn: Austin Sapp
Knology of Augusta
3714 Wheeler Road
Augusta, GA 30909
Phone: (706) 364-1015
Fax: (706) 364-1011
Attn: Richard Strength
Georgia Power
290 North Peachtree Street
P.O. Box 188
Lincolnton, GA 30817
(706) 836-0130
(706) 359-6115
Attn: Mr. Al Danner
Jefferson Energy Cooperative
P.O. Box 457
Wrens, GA 30833
Phone: (706) 547-5019
Fax: (706) 547-5051
Attn: Mike Wasden
Comcast Communications
P.O. Box 3579
Augusta, GA 30904
Phone: (706) 739 -1865
Fax: (706) 733 - 6942
Attn: Kevin O'Meara
KMC Telephones
(706) 821 -2522
Attn: Dennis Hamel
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Rev. July I, 2003
April t5, 2004
October 11, 2005
October 25, 2005
February 10,2006
April 20, 2006
May 8, 2007
September 18, 2007
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
Section 150- Traffic Control
Add the following:
150.01 GENERAL
This section as supplemented by the Plans, Specifications, and Manual on Uniform Traffic
Control Devices (MUTCD) shall be considered the Temporary Traffic Control (TTC) Plan.
Activities shall consist of furnishing, installing, maintaining, and removing necessary traffic signs,
barricades, lights, signals, cones, pavement markings and other traffic control devices and shall
include flagging and other means for guidance and protection of vehicular and pedestrian traffic
through the Work Zone. This Work shall include both maintaining existing devices 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 MUTCD, the MUTCD shall control. The 2003 Edition of the MUTCD shall be in effect for the
duration of the project.
The Worksite Traffic Control Supervisor (WTCS) shall have a copy of Part VI of the MUTCD on
the job site. Copies of the current MUTCD may be obtained. from the FHWA web page at
http://mutcd.fhwa.dot.gov.
A. WORKER SAFETY APPAREL
All workers exposed to the risks of moving roadway traffic or construction equipment shall
wear high-visibility safety apparel meeting the requirements of International Safety
Equipment Association (ISEA) American National Standard for High-Visibility Safety Apparel,
or equivalent revisions, and labeled as ANSI-2004 Class 2 or 3 risk exposure.
B. WORKSITE TRAFFIC CONTROL SUPERVISOR
ALL HIGHWAYS (ADDITIONAL REQUIREMENTS BELOW "FOR INTERSTATES): 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 MUTCD. A written
resume documenting the experience and credentials of the WTCS shall be submitted and
accepted by the Engineer prior to beginning any work that involves traffic control. The
WTCS shall be available on a twenty-four (24) hour basis to perform his duties. If the work
requires traffic co~trol activities to be performed during the daylight and nighttime hours it
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may be necessary for the Contractor to designate an alternate WTCS. An alternate WTCS
must meet the same reqOirements and qualifications as the primary WTCS and be accepted
by the Engineer prior to beginning any traffic control duties. The Worksite Traffic Control
. Supervisor's traffic control responsibilities shall have priority over all other assigned duties.
As the representative of the Contractor, the WTCS shall have full authority to act on behalf
of the Contractor in administering the TIC Plan. The WTCS shall have appropriate training
in safe traffic control practices in. accordance with Part VI of the MUTCD. In addition to the
WTCS all other individuals making decisions regarding traffic control shall meet the training
requirements of the Part VI of the MUTCD.
The WTCS. shall supervise the initial installation of traffic control devices. The Engineer prior
to the beginning of construction will review the initial installation. Modifications to traffic
control devices as required by sequence of operations or staged construction shall be
reviewed by the WTCS.
The WTCS shall be available on a full-time basis to maintain traffic control devices with
access to all personnel, materials, and eqUipment necessary to respond effectively to an
emergency situation within forty-five (45) minutes of notification of the emergency.
The WTCS shall regularly perform inspections to ensure that traffic control is maintained.
Unless modified by the special conditions or by the Engineer, routine defiCiencies shall be
corrected within a twenty-four (24) hour period. Failure to comply with these provisions
shall be grounds for dismissal from the duties of WTCS and/or removal of the WTCS from
the project.. Failure of the WTCS to execute his duties shall be considered as non-
performance under Subsection 150.08.
The Engineer will periodically review the work for compliance with the requirements of the
TIC plan.
On projects where traffic control duties will not require full time supervision, the Engineer
may allow the Contractor's Project Superintendent to serve as the WTCS as long as
satisfactory results are obtained.
CERTIFIED WORKSITE TRAFFIC CONTROL SUPERVISOR
ADDITIONAL REQUIREMENTS FOR INTERSTATE AND LIMITED ACCESS HIGHWAYS: In
addition to the requirements above, the WTCS shall have a minimum of one year's
experience directly related to work site traffic control in a supervisory or responsible
capacity. The WTCS shall be currently certified by the American Traffic Safety Services
Association (ATSSA) Work Site Traffic Supervisor Certification program or the National Safety
Council Certification program.
Any work performed on the interstate or limited access highway right-of-way that requires
traffic control shall be supervised by the Certified Worksite Traffic Control Supervisor. No
work requiring traffic control shall be performed unless the certified WTCS is on the
worksite. Failure to maintain a Certified Worksite Traffic Control Supervisor on the work will
be considered as non-performance under Subsection 150.08.
The WTCS shall perform, as a minimum, weekly traffic control inspections on all interstate
and limited access highways. The inspection shall be reported to the Engineer on a TC-l
report. The Engineer will furnish a blank copy of the TC-l report to the Contractor prior to
the beginning of any work on the interstate or limited access right-of-way.
C. TRAFFIC CONTROL DEVICES
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All traffic control devices used during the construction of a project shall meet the Standards
utilized in the MUTCD, and shall comply with the requirements of these Specifications,
Project Plans, and Special Provisions. All devices shall be tested at NCHRP Test Level III.
Reference is made to Subsections 104.05, 107.07, and 107.09..
D. REFlECTORJZATION REQUIREMENTS
All rigid fluorescent orange construction warnilig signs (black on fluorescent orange) shall
meet the reflectorization and color requirements of ASTM Type VII, VIII, IX or X regardless
of the mounting height.
Portable signs which have flexible sign blanks shall meet the reflectorization and color
requirements of ASTM Type VI.
Warning signs (W3-1a) for stop conditions that have rumble strips located in the travelway
shall be reflectorized with ASTM Type IX fluorescent yellow sheeting. .
All other signs shall meet the requirements of ASTM Type III or IV except for "Pass With
Care" and "Do Not Pass" signs which may be ASTM Type I unless otherwise specified.
CHANNEUZATION DEVICES: Channelization devices shall meet the requirements of ASTM
Type III or IV high intensity sheeting.
E.. IMPLEMENTATION REQUIREMENTS
No work shall be started on any project phase until the appropriate traffic control devices
have been placed in accordance with the 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.
When any shift or change is made to the location of traffic or to the flow patterns of traffic,
the permanent safety features shall be installed and fully operational before making the
change. If staging, or site conditions prevent the installation of permanent features then the
equivalent interim devices shall be l!tilized.
Any section of the work that is on new location shall have all permanent safety features
installed and fully operational before the work is opened to traffic. Safety features shall
include but are not limited to the following items:
1. Guardrail including anchors and delineation
2. Impact attenuators
3. Traffic signals
4. Warning devices
S. Pavement markings induding words, symbols, stop bars, and crosswalks
6.' Roadway signs including regulatory, warning, and guide
Outdoor lighting shall be considered as a safety feature for welcome centers, rest areas, and
weigh station projects. For typical roadway type projects new street lighting is not
considered a safety feature unless specifically noted in the plans or in the special conditions.
F. MAINTENANCE OF TRAFFIC CONTROL DEVICES
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Traffic control devices shall be in acceptable condition when first erected on the project and
shall be maintained in accordance with Subsection 104.05 throughout the construction
period. All unacceptable traffic control devices shall be replaced within 24 hours. When not
in use, all traffic control devices shall be removed, placed or covered so as not to be visible
to traffic. All construction warning signs shall be removed within seven calendar days after
time charges are stopped or pay items are complete. . If traffic control devices are left in
place for more than ten days after completion of the Work, the Department shall have the
right to remove such devices, claim possession thereof, and deduct the cost of such removal
from any monies due, or which may become due, the Contractor.
G. TRAFFIC INTERRUPTION RESTRICTIONS
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, be needlessly
disruptive or unnecessarily inconvenience the traveling public. The Contractor shall suspend
and/or reschedule any work when the Engineer deems that conditions are unfavorable for
continuing the Work.
Advanced notification requirements to the Contractor to suspend work will be according to
the events and the time restrictions outlined below:
Incident management
No advanced notice required
Threatening/Inclement weather
24 hours
Holidays. sporting events,
unfavorable conditions
Three (3) calendar days
If the work is suspended, the Contractor may submit a request for additional contract time
as allowed under Section 108. The Department will review the request and may grant
additional contract time as justified by the impact to the Contractor's schedule.
Compensation for loss of productivity, rescheduling of crews, rental of equipment or delays
to the Contractor's sChedule will not be considered for payment. Additional contract time will
be the only consideration granted to the Contractor.
H. SEQUENCE OF OPERATIONS
Any Sequence of Operations provided in this Contract in conjunction with any staging details
which may be shown in the plans, is a suggested sequence for performing the Work. It is
intended as a general staging plan for the orderly execution of the work while minimizing the
impact on the mainline, cross-streets and side streets. The Contractor shall develop detailed
staging and temporary traffic control plans for performing specific areas of the Work
including but not limited to all traffic shifts, detours, bridge widenings, paces, or other
activities that disrupt traffic flow. The Engineer may require detailed staging and TIC plans
for lane closures. These plans shall be submItted for approval at least two weeks prior to
the scheduled date of the activity. Activities that have not been approved at least seven (7)
days prior to the scheduled date shall be rescheduled.
Where traffic is permitted through the work area under stage construction, the Contractor
may choose to construct, at no additional expense to the Departmerit, temporary on-site
bypasses or detours in order to expedite the work. Plans for such temporary bypasses or
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detours shall be submitted to the Engineer for review and approval 30 calendar days prior to
the proposed construction. Such bypasses or detours shall be removed promptly when in the
opinion of the Engineer; they are not longer necessary for the satisfactory progress of the
Work. Bypasses and detours shall meet the" minimum requirements of Subsection
150.02.B.4. I" "
As an option to the Sequence of Operations in the Contract, the Contractor may submit an
alternative Sequence of :Operations for review and approval. The Department may c;onsider
the Contractor's alterna,te Sequence of Operations as a Value Engineering Proposal as
defined by Subsection 104.08. A twenty calendar day lead time for the Department's review
shall be given to this submission so that a decision on its acceptability can be made and
presented at the Preconstruction Conference. Insufficient lead time or no submission by the
Contractor shall be construed as acceptance of the Sequence of Operations outlined iOn the
Contract and the willingn'ess of the Contractor to execute this as-bid plan. .
The Department will not I pay, or in any way reimburse the Contractor for claims arising from
the Contractor's inability to perform the Work in accordance with the Sequence of
Operations provided in the Contract or from an" approved Contractor alternate. .
The Contr~ctor shall'seLre 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 beforel it is placed in operation. The proposed plan of operation shall
supplement the approved traffic control plan. Any major changes to the approved TIC plan,
propoSed by the Contractor, shall be submitted to the Department for approval.
Some additional traffic cJntrol details will be required prior to any major shifts or changes in
traffic. The traffic control details shall include, but not ~ limited to, the following:
1. A detailed drawing shbwing traffic locations and Janeage for each step of the change.
2. The location, size, Jnd message. of all signs required by the MUTCD, Pla~, Special
Provisions, and othe'r signs as required. to fit conditions. Any portable changeable
. message signs used shali be included in the details. "
3. The method to be uked in, and the limits of, the obliteration of conflicting lines and
markings. I
4. Type, location, and extent of new lines and markings.
S. Horizontal and verticJI alignment and superelevation rates for detours, including cr~ss-
section and profile grades along each edge of existing pavement.
6. Drainage details for te~porary and permanent alignments.
I
7. Location, length, and/or spacing of channelization and protective devices (temporary
barrier, guardrail, barricades, etc.)
8. Starting time, durationl and date of planned change.
9. For each traffic shift, I a paving plan, erection plan, or work site plan, as appropriate,
detailing workforce, materials, and equipment necessary to accomplish the proposed
work. This will be thel minimum resource allocation required in order to start the work.
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A minimum of three copies of 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.
I. COMPUANCE DATES FOR PROVISIONS OF THE MUTCD: -
Federal law requires that traffic control devices (temporary or permanent) installed on new
highway or bikeway construction or reconstruction shall be compliant with the latest version
of the MUTCD before the road is opened to the public for unrestricted trayel. The latest
version of the MUTCD is the 2003 Edition, which the Georgia Department of Transportation
has adopted. However, the FHWA, in the introduction to the MUTCD has established
alternate compliance dates for some of the new provisions of the 2003 MUTCD. Below is a
list of those compliance dates. The Department may deCide to require contractors to
implement some or all of these provisions at an earlier date than the compliance dates noted
below. However notice will be given in advance of the letting date if these provisions are to
be implemented prior to the compliance dates. The contractor may also decide to implement
the new provisions in the 2003 MUTCD earlier than required by the compliance dates below.
The target dates established by the FHWA shall be as follows:
Section 60.01 Pedestrian Considerations - all new provisions for pedestrian accessibility - 5
years from the effective date of the Final Rule for the 2003 MUTCD.
Section 60.02 Accessibility Considerations - 5 years from the effective date of the Final Rule
for the 2003 MUTCD.
Section 60.03 Worker Safety Considerations - high-visibility apparel requirements - 3 years
from the effective date of the Final Rule for the 2003 MUTCD.
Section 6E.02 High-Visibility Safety Apparel - high-visibility apparel requirements for flaggers
- 3 years from the effective date of the Final Rule for the 2003 MUTCD.
The effective date of the Final Rule for the 2003 MUTCD is December 22, 2003.
150.02TEMPORARY TRAFFIC CONTROL (ITe) ZONES:
A. DEVICES AND MATERIALS:
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
Portable advance warning signs shall be utilized as per the requirements of the
temporary traffic control plans. All signs shall-meet the requirements of the MUTCD and
shall be NCHRP 350 crashworthy compliant.
2. Arrow Panels
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" wide with not less than 15 lamps used for the arrow. The arrow shall
occupy virtually the entire size of the arrow panel and shall have a minimum legibility
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distance of one mile. The minimum legibility distance is that distance at which the arrow
panel can be comprehended by an observer on a sunny day, or clear night. Arrow
panels shall be equipped with automatic dimming features for use during hours of
darkness. The arrow panels shall also meet the requirements for a Type C panel as
shown in the MUTCD. The sequential or flashing arrow panels shall not.be used for lane
closure on two-Jane, two-way highways when traffic is restricted to one-lane operations
. in which case, appropriate signing, f1aggers and when required, pilot vehicles will be
deemed sufficient.
The sequential or flashing. arrow panels shall be placed on the shoulder at or near the
point where the lane closing transition begins. The panels shall be mounted on a
vehicle, trailer, or other suitable support. Vehicle mounted panels shall be provided with
remote controls. Minimum mounting height shall be seven feet above the roadway to
the bottom of the panel, except on vehicle mounted panels which should be as high as
practical.
For emergency situations, arrow display panels that meet the MUTCD requirements for
Type A or Type B panels may be used until Type C panels can be located and placed at
the site. The use of Type A and Type B panels shall be held to the minimum length of
time possible before having the Type C panel(s) in operation. The Engineer shall
determine when conditions and circumstances are considered to be emergencies. The
Contractor shall notify the Engineer, in writing, when any non-specification arrow display
panel(s) is being used in the work.
3. Portable ChaJ1geable Message Signs
Portable changeable message signs meeting the requirements of Section 6~2 and the
MUTCD. Any PCMS in use that is not protected by positive barrier protection shall be
delineated by, a minimum of three drums that meet the requirement of Section
150.0S.A.1. The drum spacing shall not exceed a maximum of ten (10') feet as shown in
Detail 150-PCMS. When the PCMS is within twenty (20') feet of the opposing traffic flow,
the trailing end of the PCMS shall be delineated with a minimum of three drums spaced
in the same manner as the approach side of the PCMS.
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II
~~II
When not in use the PCMS shall be removed from the roadway unJess protected by
positive barrier protection. If the PCMS is protected by positive barrier protection the
sign panel shall be turned away from traffic when not in use.
4. Channelization Devices
Channelization devices shall meet the standards of the MUTCD and Subsection 150.05.
5. Temporary Barrier
Temporary barrier shall meet the requirements of SectiOD...920. '
6. Temporary Traffic Signals
Temporary traffic signals shall meet the requirementS of Sectio,n 647 and the MUTCD.
7. Pavement Marking
Pavement marking incorporated into the work shall comply with Subsections 150.04.A
and 150.04.8.
8. Portable Temporary Traffic Control Signals
The use off Portable Temporary Traffic Control Signals shall meet the following minimum
requirements:
Only two-lane two-way roadways will be allowed to utilize Portable Temporary Traffic
Control Signals.
All portable traffic control signals shall meet the physical display and operational
requirements of conventional traffic signals described in the MUTCD.
Each signal face shall have at least three lenses. The lenses shall be red, yellow, or
green in color and shall give a circular type of indication. All lenses shall be twelve (12'')
inches nominal in diameter.
A minimum of two signal faces shall face each direction of traffic. A minimum of one
signal head shall be suspended over the roadway travel lane in a manner that will allow
the bottom of the signal head housing to be not less than seventeen (17') feet above
and not more than nineteen (19') feet above the pavement grade at the center of the
travel lane. The second signal head may be located over the travel lane with the same
height requirements or the second signal head may be located on the shoulder. When
the signal head is located on the shoulder the bottom of the signal head housing shall be
at least eight (8') feet but not more than (15') feet above the pavement grade at the
center of highway.
Advance warning signage and appropriate pavement markings shall be installed as part
of the temporary signaJ operation.
The signals shall be operated in a manner consistent with traffic requirements. The
signals may be operated in timed-mode or in a vehicle-actuated mode. The signals shall
be interconnected in a manner to ensure that conflicting movements can not occur. To
assure that the appropriate operating pattern including timing is displayed to the
traveling public, regular inspections including the use of accurate timing devices shall be
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made by the Worksite Traffic Control Supervisor. If at any time any part of the system
fails to operate within these requirements then the use of the signal shall be suspended
and the appropriate flagging operation shall begin immediately.
The Worksite Traffic Control Supervisor (WTCS) shall continuously monitor the portable
traffic control signal to insure compliance with the requirements for maintenance under
the MUTCD. The signal shall be maintained in a manner consistent with the intention of
the MUTCD, with emphasis on cleaning of the optical system. Timing changes shall be
made only by the WTCS. The WTCS shall keep a written record of all timing changes.
The portable temporary signal shall have two power sources and shall be capable of
running for Seven calendar days continuously.
The Contractor shall have an alternate temporary traffic control plan in the event of
failure of the signal. '
9. RUMBLE STRIPS
Rumble strips incorporated into the work shall meet the requirements of Se<:tion 429 and
the MUTCD. Existing rumble strips that are positioned in the traveled way to warn traffic
of a stop condition shall be reinstalled based on the following reqUirements:
INTERMEDIATE SURFACES: Intermediate surfaces that will be in use for more than
forty-five (45) calendar days shall have rumble strips reinstalled on the traveled way in
the area of a stop condition., Non-refundable deductions in accordance with Subsection
150.08 will be assessed for any intermediate surface in place for greater than 45 days
without rumble strips.
FINAL SURFACES: Rumble strips shall be installed on the final surface within fourteen
(14) calendar days of the placement of the' final surface in the area of the stop
condition. Failure to install within fourteen (14) calendar days will result in assessment
of non-refundable deductions in accordance with 150.08.
Prior to the removal of any rumble strips located in the travelway, stop ahead (W3-1a)
warning signs shall be doubl,e indicated ahead of the stop condition. These warning
signs shall be a minimum of 48 inches by 48 inches. The reflectorization of the warning
signs shall be as reqUired by Subsection 150.01.e. These warning signs shall remain in
place until the rumble strips have been reinstalled on the traveled way. Any existing
warning signs for the stop ahead condition shall be removed or covered while the 48" X
48" (W3-1a) signs are in place. When the rumble strips have been reinstalled these
warning signs should be promptly removed and any existing signage placed back in
service.
10. GUARDRAIL: When the removal and installation of guardrail is required as a part of the
work the following time ,restrictions shall apply unless modified by the special conditions:
MULTI-LANE HIGHWAYS: From the time that the existing guardrail or temporary
positive barrier protection is removed the Contractor has fourteen (14) calendar days to
install the new guardrail and anchors. During the interim, the location without guardrail
shall be protected with drums spaced at a maximum spacing of twenty (20') feet. The
maximum length of rail that can be removed at any time without being replaced with
positive barrier protection is a total of 2000 linear feet of existing rail or the total length of
one run of existing rail, whichever is greater.
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ALL OTHER HIGHWAYS: From the time that the existing guardrail is removed or from
the time that temporary positive barrier protection is removed the Contractor has thirty
(30) calendar days to install the new guardrail and anchors. During the interim, the
location without guardrail shall be protected with drums spaced at a maximum spacing of
twenty (20') feet. The maximum length of rail that can be removed at any time without
being replaced with positive barrier protection is a total of 1000 linear feet of existing raiJ
or the total length of one run of existing rail, whichever is greater.
Based on existing field conditions, the Engineer may review the work and require that
the guardrail be installed earlier than the maximum time allowed above by giving written
notification to the Contractor via the TC-l traffic control report.
Failure to comply with the above time and quantity restrictions shall be considered as
non-compliance under Subsection 150.08.
11. STOP SIGN REGULATED INTERSECTIONS: For intersections that utilize stop sign(s)
to control the flow of traffic and to restrict the movement of vehicles, the stop sign(s)
shall be maintained for the duration of the work or until such time that the stop condition
is eliminated or until an interim or permanent traffic signal can be installed to provide
proper traffic control. The traffic signal shall be, installed and properly functioning before
the removal of the existing stop sign(s) is permitted. If the existing intersection is
enhanced traffic control features such as stop bars, double indicated stop signs, oversized
signs, advanced warning stop ahead signs, rumble strips on the approaches or flashing
beacons located overhead or on the shoulders then these features shall be maintained for
the duration of the project or until the permanent traffic control plan has been
implemented.
Whenever the staging of the work requires that the traveled-way be relocated or
realigned the Contractor shall reinstall all enhanced traffic control features noted above
on the newly constructed sections of the work. The cost of relocating the stop bars, stop
signs, advanced warning signs, the rumble strips and the flashing beacons shall be
included in the price bid for Lump-Sum-Traffic Control unless individual pay items are
included in the contract for rumble strips and/or flashing be,acons. When pay items are
included in the contract for rumble strips or flashing beacons then these items will be paid
per each.
When staging requires the relocation or realignment of an existing stop condition it may
be necessary to consider the addition of enhanced traffic control features even though'
none existed at the original location. As a gUide for enhanced traffic control features that
may be considered, the Engineer or the "WTCS may refer to the Department's guidelines
for "Opening of New Roadways to Traffic" (Document #6635-2). HOrizontal and vertical
alignment changes at a new location may have decreased or restricted sight distance or
the stop condition may occur sooner than in the previous alignment. If these conditions
occur then the Engineer and/or the WTCS should consider additional measures to
enhance the motorist's awareness of the changes even though the staging plans may not
address enhanced features. Stop signs should be a minimum of 36 inches for interim
situations. The use of 48 inch stop signs may be warranted under project specific
conditions. Flags may be used on interim/permanent stop signs that are mounted at
seven (7') feet in height for a short duration in order to direct additional attention to a
new or relocated stop sign(s). Flags should not be used for durations exceeding two
weeks unless unusual or site specify conditions warrant a longer period of time. The use
of Type "A" flashing red light(s) attached to the stop sign(s) may be appropriate during
the same period that the flags are in use to increase attention.
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The use of rumble strips and/or portable changeable message signs may be considered.
The use of new rumble strips, where none previously existed, shall have the prior
approval of District Traffic Operations before being included as part of the temporary
traffic control plan. The message(s) displayed on any PCMS shall have the prior approval
of the Engineer and the message(s) shall be included as part of the TIC plan for the
interim staging.
The placement of any additional interim ground-mounted signs and posts or stop bars
shall be considered as incidental to the price bid for Lump Sum-Traffic Control. The
installation of rumble strips, flashing beacons or the use of Portable Changeable Message
Signs (PCMS) shall be considered as Extra Work unless pay items are included in the
contract.
B. WORK ZONE RESTRICTIONS:
1. Interstate
The Contractor shall not simultaneously perform work on both the inside shoulder and
outside shoulder on either direction of traffic flow when the Work is within 12 feet of the
'travel-way, unless such areas are separated by at least one-half mile of distance.
2. Non-Interstate Divided Highways
The Contractor shall not simultaneously perform work on both the inside shoulder and
outside shoulder on either direction of traffic flow when the Work is within 12 feet of the
, ,
travel-way, unless such areas are separated by at least one-half mile distance in rural
areas or at least 500 feet of distance in urban areas.
3. Non-Divided Highways
a. The Contractor shall not simultaneously perform work on opposite sides of the
roadway when the work' is within 12 feet of the travel-way, unless such areas are
separated by at least one-half mile of distance in r'ural areas or at least 500 feet of
distance in urban areas.
b. On two-lane projects where full width sections of the existing subgrade, base or
surfacing are to be removed, and new base, subgrade, or surfacing are to be
constructed, the Contractor shall maintain one-lane traffic through the construction
area by removing and replacing the undesirable material for half the width of the
existing roadway at a time. Replacement shall be made such that paving is
completed to the level of the existing pavement in the adjacent lane by the end of
the workday or before opening all the roadway to traffic. '
4. All Highways:
a. There shall be no reduction in the total number of available traffic lanes that existed
prior to construction except as specifically allowed by the Contract and as approved
by the Engineer.
b. Travelway Clearances: All portions of the work shall maintain the following minimum
requirements:
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Horizontal: The combined dimensions of the paved shoulder and the roadway
surface remaining outside the Work Zone shall be no less than sixteen (16) feet in
width at any location.
,Vertical: The overhead clearance shall not be reduced to less than fifteen (15) feet at
any location.
The restrictions above apply to all shifts, lane closures, on-site detours and off site
detours whether shown in the contract or proposed by the Contractor. It shall be
the responsibility of the Contractor to verify that these minimum reqUirements have
been met before proceeding with any phase of the Work.
Two-lane two-way roadways may have temporary horizontal restrictions of less than
sixteen (16) feet provided a f1agger operation for one-way traffic is utilized to restrict
access to the, work area by over-width loads. The minimum horizontal clearance
shall be'restored before the flagging operation is removed.
c. Highway Work Zone: All sections or segments of the roadway under construction or
reconstruction shall be signed as a Highway Work Zone except non-state highway
two-lane two-way resurfacing projects. Two conditions can be applied to a Highway
Work Zone. Condition 1 is when no reduction in the existing speed limit is required.
Condition 2 is when worksite conditions require a reduction of the speed limit
through the designated Work Zone. Properly marking a Highway Work Zone shall
include the following minimum requirements:
1. NO REDUCTION IN THE EXISTING POSTED SPEED LIMIT IN HIGHWAY WORK
ZONE:
a) Signage (Detail 150-HWZ-2) shall be posted at the beginning point of the
Highway Work Zone warning the traveling pUblic that increased penalties for
speeding violations are in effect. The HWZ-2 sign shall be placed a minimum
of six hundred (600') feet in advance of the Highway Work Zone and shall
not be placed more than one thousand (1000') feet in advance of the Work
Zone. If no speed reduction is required it is recommended that the HWZ-2
be placed at 750 feet from the work area between the ROAD WORK 500 FT.
and the ROAD WORK 1000 FT. signs.
HWZ-2 signs shall be placed at intervals not to exceed one mile for the
length of the project. HWZ-2 signs should be placed on the mainline after all
major intersections except State Routes. State Routes shall be signed as per
the requirements for intersecting roadways below.
b) The existing speed limit shall be posted at the beginning of the Work Zone.
Existing Speed Limit signs (R2-1) shall be maintained.
c) INTERSECTING ROADWAYS: Intersecting state routes shall be signed in
advance of each intersection with the Work Zone with a HWZ-2 sign to wam
motorists that increased fines are in effect. All other intersecting roadways
that enter into a designated Highway Work Zone may be signed in advance
of each intersection with the Work Zone. When construction equipment and
personnel are present in the intersection on the mainline o,f a multi-lane
roadway, the intersecting side roads shall be signed in advance with HWZ-2
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signs. As soon as the work operation clears the intersection the signage may be
removed.
d) Signage (Detail 150-HWZ-3) shall be posted at the end of the Highway Work
Zone indicating the end of the zone and indicating that increased penalties
for speeding violations are no longer in effect.
e) When a designated Highway Work Zone is no longer necessary all signs shall
be removed immediately.
2. REDUCING THE SPEED UMIT IN A HIGHWAY WORK ZONE:
Highway Work Zone signs shall be posted as required in Condition 1 above.
For limited access (interstate) highways and controlled access multi-lane divided
highways the posted speed limit shall be reduced as required below.
Speed Limit signage (R2-1) for the reduced speed limit shall be erected at the
beginning of the work zone. Additional signs shall be placed to ensure that the
maximum spacing of the reduced speed limit signs shall be no greater than one
(1) mile apart. Existing speed limit signs shall be covered or removed. On multi-
lane divided highways the speed limit signs shall be double indicated when the
reduced speed is in use.
When anyone or more of the following conditions exist and the existing speed
limit is 65 mph or 70 mph, the speed limit shall be reduced by 10 mph. If the
existing speed limit is 60 mph, the speed limit should be reduced by 5 mph. If
the existing speed limit is 55 mph or less, the Contractor can only reduce the
speed limit with the prior approval of the Engineer. The reduction in the speed
limit shall be no greater than 10 mph:
a) Lane closure(s) of any type and any duration.
b) The ,difference in elevation exceeds two inches adjacent to a travel lane as
shown in Subsection 150.06, Detail 150-B, 150-C.
c) Any areas where equipment or workers are within ten feet of a travel lane.
d) Temporary portable concrete barriers located less than two (2') feet from the
traveled way.
e) As directed by the Engineer for conditions distinctive to this project.
When the above conditions are not present the speed limit shall be immediately
returned to the existing posted speed limit. A speed reduction shall not be put in
place for the entire length of the project unless conditions warranting the speed
reduction are present for the entire project length. All existing speed limit signs
within the temporarY speed reduction zone shall be covered or removed while,
the temporary reduction in the speed limit is in effect. All signs shall be erected
to comply with the minimum requirementS of the MUTCD.
As a minimum the following records shall be kept by the WTCS:
a) Identify the need for the reduction.
b) Record the time of the installation and removal of the temporary reduction.
c) Fully describe the location and limits of the reduced speed zone.
d) Document any accident that occurs during the time of the reduction.
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A copy of the weekly records for reduced speed zones shall be submitted to the
Engineer.
Reduced speed zones shall, as a minimum, be signed as per Detail 150-HWZ-l.
Interim signs shall meet the requirements of Subsection 150.03 D. Additional
signs may be necessary to adjust for actual field conditions.
When a pilot vehicle is used on a two-lane two-way roadway the speed limit
, should not be reduced. For special conditions specific to the work, on two-lane
two-way roadways or multi-lane highways, the contractor may reduce the posted
speed limit with the prior approval of the Engineer. '
5. MILLED SURFACE RESTRICTIONS:
Unless modified by the special conditions, a milled surface on any asphaltic concrete
surface shall not be allowed to remain open to traffic for a period of time that exceeds
thirty (30) calendar days.
6. INSTALLATION/REMOVAL OF WORK AREA SIGNAGE:
No payment will be made for Traffic Control-Lump Sum until the Work has actually
started on the project. The installation of traffic control signage does not qualify as the
start of work. Advanced warning signs shall not be installed until the actual beginning
of work activities. Any permanent mount height signs installed as the work is preparing
to start shall be covered until all signs are installed unless all signs are installed within
seven (7) calendar days after beginning installation. .
All temporary traffic control devices shall be removed as soon as practical when these
devices are no longer needed. When work is suspended for short periods of time,
temporary traffic control devices that are no longer appropriate shall be removed or
covered.
All construction warning signs shall be removed within seven (7) calendar days after
time charges are stopped or pay items are complete. If traffic control devices are left in
place for more than ten (10) calendar 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.
PUNCHUST WORK: Portable signs shall be utilized to accomplish the completion of all
punchlist items. The portable signs shall be removed daily. All permanent mount height
signs shall be removed prior to the beginning of the punchlist work except "Low/Soft
Shoulder" signs and any signs that have the prior written approval of the Engineer to
remain in place while the punchlist work is in progress.
Failure to promptly remove the construction warning signs within the seven (7) calendar
days after the completion of the Work or failure to remove or cover signs when work is'
suspended for. short periods of time shall be considered as non-performance under
, Subsection 150.08.
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INltH~IAlt ANU MUlIJ-lANt UJVJUtU HIGHWAY ~IGNJNG ~HALl ~t
DOUBLE INCICATED (RIGHT SHOULDER AND MEDIAN SHOULDER)
~ 600' + 600' + 600' + 600' 1
~ .600' ~
-..
-..
----------- -.------~~----. -
f- f- f- f- IIIJRK z;7 f- f-
OR OR OR OR OR OR
KKK '
} IK I Hwz4K /
HWZ-2 w T SIGNS /
SIGNS R:C ~ SPEED SPEED ~
AJEAQ ~ LUT LIMIT ~
41'.. .. I
Z f
I:)
W
III
R2-5a
4811X 60"
THIS SIGN SHALL BE INSTAlLED ONlY
MiEN THE SPEED REDUC ITI~ [S GREATER
THAN 10 U.P.H. FROU THE EXISTING
POSTED SPEED WIlT.
SPEED
LIYIT
..
R2-1
48wX 6011
REOlXED SPEED UNIT SHAlL
HAVE THE PR lIll moov AL
(J THE ENGIIfER.
[
R2-t I
4811X 60" :
R2-1
4811X 60"
SPEED
llM, T REDUCED W6TRUCT I
WilT SHALL BE SP~
.. (f (H NILE APART.
ALL INTERSECTING ROADWAYS SHALL BE SIGNED 11TH A HWZ-2 SIGN
TO WAllN r.<<lTORIST ENTERING THE HIGHWAY lURK lONE.
INTERSUTE AND IllJLTH.ANE HIGHWAY SIGNING SHALL BE
DOUBLE IND I CiTED I RIGHT SHr:lIl.OER AND lED I AN SHOUlDER I.
R2-1
48HX 60/1
SIGN SIZES SHOll ARE
III THANE DIVIDED HI
FOR OTHER HI GHWA YS US
SIQlS AS PER THE Y.U.
HWZ-2 AND HWZ-3 SIGNS
DET AIL 150-H
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4 " ""Ill
40"
.. 4"
j
60"
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8" . 32" "18"
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15" - 18" - 15" ,-
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6"1-< 36" 0.16"
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-'--
11" -
....
26 "
48 "
- 11"-
HWZ-2
COLORS
TOP PANEL
LEGEND & BORDER
BACKGROUND
" ."
J II MARGIN
/4
11,/ BORDER
3" RADIUS
5"
6" 6" SER. "c"
3" 11/,/ BAR
4"
6" 6" SER. "c"
3"
6" 6" SER. "c"
3"
6" 6" SER. "c"
3"
,21/{ 11/4" BAR
4" 4"SER."D"
1 J,t
4" 4" SER. "0 II
3"
- BLACK (NON-REFL)
- FLUORESENT ORANGE
(ASTM TYPE VI I. VII I. IX or Xl
MIDDLE & BOTTOM PANELS
LEGEND & BORDER - BLACK (NON-REFLl
BACKGROUND - WHITE (ASTM TYPE I II OR IV REFL SHEETING)
NOTES:
1. ALL HWZ-2 SIGN PANELS SHALL BE RIGID.
2. THE SIZE OF THE HWZ-2 SIGN SHALL NOT BE REDUCED FOR USE
ON TWO-LANE ROADWAYS.
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Page 18 of 54
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First Use January 4, 2000
Page 19 of 54
4".
40"
- 4"
3,/ MARG I N
11,{ BORDER
3" RADIUS
J.
'. .. 5"
I1@WJ~ ~@~~ 6"
3"
18" -I- 12" -I- 18"- 5"
~~[D) 6"
6"1- 36 " -16" 4 II
60" ~rrn~[PJ~ ~ ~~ID) 6"
a" · 32 " '-I 8" 4"
~[P~~[D)~[M@ 6"
4"
~~~~~ 6"
. , 5"
---'-
. lS" - 18" - 15/1 _
- 48" ,-
HWZ-3
6" SER. "e"
1 I,{ BAR
6" SER. "c"
6" SER. "e"
6" SER."C"
6" SER. "e"
COLORS
TOP PANEL
LEGEND & BORDER - BLACK (NON-REFL)
BACKGROUND - FLUORESENT ORANGE
( AS TM TYPE V I I, V I I I. I X or" X)
BOTTOM PANEL
LEGEND & BORDER - BLACK (NON-REFLl
BACKGROUND - WHITE (ASTM TYPE III OR IV REFL SHEETING)
NOTES:
1. ALL HWZ-3 SIGN PANELS SHALL BE RIGID.
2. THE SIZE OF THE HWZ-3 SIGN SHALL NOT BE REDUCED FOR USE
ON TWO-LANE ROADWAYS.
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Page 20 of 54
C. LANE CLOSURES:
1. Approval/Restrictions
All lane closures of any type or duration shall have'the prior approval of the Engineer.
a. The length of a lane closure shall not exceed two (2) miles in length excluding the
length of the tapers unless the prior approval of the Engineer has been obtained.
The Engineer may extend the length of a lane closure based upon field conditions
however the length of a workzone should be held to the minimum length required to
accomplish the Work. Lane closures shall not be spaced closer than one mile. The
advanced warning signs for the project should not overlap with the advanced
warning signs for lane shifts, lane closures, etc.
b. 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.
c. For Interstate, Limited Access and Multi-lane Divided Highways, a Portable
Changeable Message Sign (PCMS) shall be placed one (1) mile in ,advance of a lane
closure with a message denoting the appropriate lane closure one mile ahead. The
Portable Changeable Message Sign (PCMS) shall be placed on the outside shoulder in
accordance with Detail 150-PCMS. This is in addition to the other traffic controJ
devices required by Standard 9106.
2. Removal Of Lane Closures
To provide the greatest possible convenience to the public in accordance with Sub-
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. All portable signs and portable sign
mounting devices shall be removed from the roadway to an area which will not allow the
sign to be visible and will not allow the sign or sign mounting device to be impacted by
traffic.
3. Exit And Entrance Ramps
On multilane ,highways where traffjc has been shifted to the inside lanes, the exit and
entrance 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. The "EXIT OPEN" sign
shown in Figure TA-42 of the MUTCD shall be utilized. 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.
4. Lane Drop/Lane Closure
The first seven (7) calendar days of any lane closure shall be signed and marked as per
Standard 9106 or 9107. However, lane closures that exist for a duration longer than seven
(7) calendar days may be signed and marked as per the details in Standard 9121, provided
the prior approval of the Engineer is obtained. The approved lane drop shall utilize only the
signs and markings shown for the termination end of the lane drop in Standard 9121. All
warning signs in the lane drop sequence shall be used. Drums may be substituted for the
Type I Crystal Delineators at the same spacing.
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121712007
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5. Termination Area
The transition to normal or full width highway at the end of a lane closure shall be a
maximum of 150 feet. '
D. TRAFFIC PACING METHOD:
1. Pacing Of Traffic
With prior approval from the Engineer, traffic may be paced allowing the Contractor up
to ten (10) minutes maximum to work in or above all lanes of traffic for the following
purposes:
a. Placing bridge members or other bridge work.
b. Placing overhead sign structures.
c. Other work items requiring interruption of traffic.
The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing
light for each direction of pacing. The police officer, Engineer, and flaggers at ramps shall
be provided with a radio which will provide continuous contact with the Contractor.
When ready to start the work activity, the police vehicle will act as a pilot vehicle 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 Stop/Slow paddle. Each ramp should be
opened after the police vehicle has passed.
Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and
10 mph non-interstate. The Contractor shall provide a vehicle to proceed in front of the
police vehicle and behind the other traffic in order to inform the Contractor's work force
when all vehicles have cleared the area.
Traffic will not be permitted to stop during pacing except in extreme cases as approved by
the Engineer.
2.' Methods Of Signing For Traffic Pacing
At a pOint not less than 1,000 feet in advance of the beginning point of the pace, the
Contractor shall erect and cover a W-special sign (72 inch x 72 inch) with a Type "B"
flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT' DELAY" (See Detail
ISO-A). A portable changeable message sign may be used in lieu of the W-special sign.
On divided highways this sign shall be double indicated. A worker with a two-way radio
shall be posted at the sign, and upon notice that the traffic is to be paced shall turn on
the flashing light and reveal the sign. When traffic is not being paced, the flashing light
shall be turned off and the sign covered or removed. W-special signs are reflectorized
black on orange, Series "C" letter and border of the size specified.
h ttp;/ Itomcat2 .dot. state. ga. us/thesource/pdfl special-provisions/ shelf/sp 150.h tml
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First Use January 4, 2000
Page 22 of 54
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CJI MAIQ AEFLE:TORIUD eACX~OU"O
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E. CONSTRUCTION VEHICLE TRAFFIC
The Contractor's vehicles shall travel in the direction of normal roadway traffic and shall not
reverse direction except at intersections, interchanges, or approved temporary crossings.
The Contractor may submit a plan requesting that construction traffic be allowed to travel in
the opposite direction of normal traffic when it would be desirable to modify traffic patterns
to accommodate specific construction activities.
Prior approval of the Engineer shall be obtained before any construction traffic is allowed to
travel in a reverse direction. If the Contractor's submittal is approved the construction traffic
shall be separated from normal traffic by appropriate traffic control devices.
F, ENVIRONMENTAL IMPACTS TO THE TEMPORARY TRAFFIC CONTROL (TTC) PLAN
The Contractor shall ensure that dust, mud, and other debris from construction activities do
not interfere with normal traffic operations or adjacent properties. All outfall ditches, special
ditches, critical storm drain structures, erosion control structures, retention basins, etc. shall
be constructed, where possible, prior to the beginning of grading operations so that the best
possible drainage and erosion control will be in effect during the grading operations, thereby
keeping the roadway areas as dry as possible.
hrst Use January 4, 2UUO
~age 23 of 54
Areas within the limits of the project which are determined by the Engineer to be disturbed
or damaged due either directly or indirectly from the progress or the lack of progress of the
work shall be cleaned up, redressed, and regrassed. All surplus materials shall be removed
and disposed of as required. Surplus materials shall be disposed of in accordance with
Subsection 201.02.E.3 of the Specifications.
G. EXISTING STREET LIGHTS
Existing street lighting shall remain lighted as long as practical and until removal is approved
by the Engineer.
H. NIGHTWORK
Adequate temporary lighting shall be provided at all nighttime work sites where workers will
be immediately adjacent to traffic.
I. CONSTRUCTION VEHICLES IN THE WORKZONE
The parking of Contractor's and/or workers personal vehicles within the work area or
adjacent to traffic is prohibited. It shall be the responsibility of the Worksite Traffic Control
Supervisor to ensure that any vehicle present at the worksite is necessary for the completion
of the work.
J. ENCROACHMENTS ON THE TRAVELED-WAY
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 v~hlcle running off the road and
striking them.
K. PEDESTRIAN ACCESS TO THE WORK
All existing pedestrian walkways shall be maintained. Whenever changes to the worksite
necessitate changes to existing walkways, temporary ~alkways shall be provided and
maintained, with appropriate signs as necessary, to allow safe passage of pedestrian traffic.
L. TRAFFIC SIGNALS
If the sequence of operations, staging, or the temporary traffic control plan requires the
relocation or shifting of any components of an existing traffic signal system then any work
on these traffic signals will be considered as part of Lump Sum- Traffic Control. ,The
contractor becomes responsible for the maintenance of these traffic signals from the time
that the system is modified until final acceptance. The maintenance of traffic signals that
are not a part of the work and are not in conflict with any portion of the work shall not be
the responsibility of the contractor.
When construction operations necessitate an existing traffic signal to be out of service, the
Contractor shall furnish off-duty police officers to regulate and maintain traffic controJ at the
site.
M. REMOVAL/REINSTALLATION OF MISCELLANEOUS ITEMS
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In the prosecution of the Work, if it becomes necessary to remove any existing signs,
markers, guardrail, etc. not covered by specific pay item, they shall be removed, stored and
reinstalled, when directed by the Engineer, to line and grade, and in the same condition as
when removed.
150.03SIGNS:
A. SIGNING REQUIREMENTS OF THE TEMPORARY TRAFFIC CONTROL (TIC) PLAN
When existing regulatory, warning or guide signs are required for proper traffic control the
Contractor shall maintain these signs in accordance with the temporary traffic control (ITC)
plan. The Contractor shall review the status of all existing signs, interim signs added to the
work, and permanent sign installations that are part of the work to eliminate any conflicting
or non-applicable signage in the TIC Plan. The Contractor's review of all signs in the TTC
Plan shall establish compliance with the requirements of the MUTCD and Section 150. Any
conflicts shall be reported to the Engineer immediately and the WTCS shall take the
necessary measures to eliminate the conflict.
The Contractor shall make every effort to eliminate the use of interim signs as soon as the
Work allows for the installation of permanent signs.
All existing illuminated signs shall remain lighted and be maintained by the Contractor.
Existing street name signs shall be maintained at street intersections.
B. CONFUCTING OR NON-APPUCABLE SIGNS
Any sign(s) or portions of a sign(s) that are not applicable to the TTC plan shall be covered
so as not to be visible to traffic or shall be removed from the roadway when not in use. The
WTCS shall review all traffic shifts and changes in the traffic patterns tc;> ensure that all
conflicting signs have been removed: The review shall confirm that the highest priority signs
have been installed and that signs of lesser significance are not interfering with the visibility
of the high priority signs. High priority signs include signs for road closures, shifts, detours,
lane closures and curves. Any signs, such as speed zones and speed limits, passing zones,
littering fines and litter pick up, that reference activities that are not applicable due to the
presence of the Work shall be removed, stored and reinstalled when the Work is completed.
Failure to promptly eliminate conflicting or non-applicable signs shall be considered as non-
performance under Subsection 150.08.
C. REMOVAL OF EXISTING SIGNS AND SUPPORTS
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 if this material will be required later in the work as part of the TTC plan. If the
signs are not to be utilized in the work then the signs will become the property of the
Contractor unless otherwise specified in the contract documents.
D. INTERIM GUIDE, WARNING AND REGULATORY SIGNS
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First Use January 4, 2000
Page 25 of 54
Interim guide, warning, or regulatory signs required to direct traffic shall be furnished,
installed, reused, and maintained by the Contractor in accordance with the MUTCD, the
Plans, Special Provisions, Special Conditions, or as directed by the Engineer. These signs
shall remain the property of the Contractor. The bottom of all interim signs shall be
mounted at least seven (7') feet above the level of the pavement edge when the signs are
used for long-term stationary operations as defined by Section 6G.02 of the MUTCD. Special
Conditions under Subsection 150.11 may modify this requirement.
Portable signs may be used when the duration of the work is less than three (3) days or as
allowed by the special conditions in Subsection 150.11. Portable signs shall be used for all
punchlist work. All portable signs and sign mounting devices utilized in work shall be NCHRP
350 compliant. Portable interim signs shall be mounted a minimum of one (1') foot above
the level of the pavement edge for directional traffic of two (2) lanes or less and a minimum
of seven (7') feet for directional traffic of three (3) or more I~nes. Signs shall be mounted at
the height recommended by the manufacturer's crashworthy testing requirements. Portable
interim signs which are mounted at less than seven (7') feet in height may have two 18 inch
,x 18 inch fluorescent red-orange or orange-red warning flags mounted on each sign.
All regulatory sign blanks shall be rigid whether the sign is mounted as a portable sign, on a
Type III barricade or as a permanent mount height sign.
Any permanent mount height interim sign tnat is designed to fold in half to cover a non-
applicable message on the sign shall have reflectorized material on the folded over portion of
the sign. The reflectorized material shall be orange in color with a minimum of ASTM Type I
engineering grade sheeting with a minimum area of six inches by six inches (6" x 6'') facing
the direction of traffic at all times when the sign is folded.
Interim signs may be either English or metric dimensions.
E. EXISTING SPECIAL GUIDE SIGNS
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 (legend, letter size, spacing, border, etc.) equal to that of
the existing signs, or of Subsection 150.03.E.2. 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 content (legend) that applies to a particular roadway location. When an
existing special guide sign is in conflict with work to be performed, the Contractor shall
remove the conflicting sign and reset it in a new, non-conflicting location which has been
approved by the Engineer.
2. Interim Special Guide Signs
When it is not possible to utilize existing signs, either in place or relocated, the
Contractor shall furnish, erect, maintain, modify, relocate, and remove new interim
special guide signs in accordance with the Plans or as directed by the Engineer. Interim
special guide signs that may be required in addition to, or a replacement for, existing
expressway and freeway (interstate) signs shall be designed and fabricated in
compliance with the minimum reqUirements for guide signing contained in Part 2E
"Guide Signs Expressway" and Part 2F "Guide Signs Freeways" of the MUTCD, except
l:'lrst Use January 4, :LUUU
Page 26 of 54 ,
that the minimum size of all,letters and numerals in the names and pJaces, streets arJd
highways on all signs shall be 16 inches Series "E" initial upper-case and 12 inches
lower-case. All interstate shields on these signs shall be 48 inches and 60 inches for
two-numeral and three-numeral routes, respectively.
The road name of the exit or route shield shall be placed on the exit gore sign.
3. Interim Overhead Guide Sign Structures
Interim overhead special guide sign structures are not required to be lighted unless
specifically required by the Plans. If lighting 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 desired connection to the power source.
4. Permanent Special Guide Signs
The installation of new permanent special gUide signs and the permanent modification or
resetting of existing special guide signs, when included in the contract, shall be
, accomplished as soon as practical to minimize the use of interim special guide signs. If
lighting is required by the Plans, all new permanent overhead speciaJ gUide signs shall be
lighted as soon as erected.
F. MATERIALS- INTERIM SIGNS:
1. Posts
Permanent mounting height of seven (7') feet- 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. Within the limits of a single
project, all metal posts shall be the same color. Wood posts are not required to be
pressure treated.
Interim posts may be either metric or English in dimensions.
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
"1994 AASHTO Standard Specifications for Structural Support for Highway Signs,
Luminaries and Traffic Signals". Unprotected interim posts shall be spliced as shown in
Detail 150-F unless full length unspliced posts are used. '
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.
Installation of posts may require establishment of openings in existing pavements,
islands, shoulders etc.
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12/7/2007
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Page 27 of 54
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DETAIL 150-P
.,_ II. J.II.L , Iln', ' III
2. Sign Blanks And Panels- Permanent mounting height of seven (71 feet-
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 sha,1 have a minimum thickness of 0.08 inches regardless of the sign type used.
Alternative sign blaJ:lk materials (composites, poly carbonates, fibergla.ss 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 unless these rigid sign blanks are currently
approved as a crashworthy sign blank material under QPL 34. The back side of sign
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121712007
First Use January 4, 2000
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panels shall be painted orange to prevent rust if other metals are used in lieu of'
aluminum. Plywood blanks or panels will not be permitted. The use of flexible signs will
not be permitted for permanent mount height signs.
Interim blanks and panels may be either metric or English in dimensions.
3. Portable Sign Mounting Devices, Portable Sign Blanks-
All portable sign mounting devices and sign blanks utilized in the work shall be NCHRP
350 Test Level III compliant. All portable sign mounting devices and sign blanks shall be
from the Qualified' Products List. Any sign or sign mounting device shall have an
identifying decal, logo, or manufacturer's stamping that clearly identifies the device as
NCHRP 350 compliant. The Contractor may be required to provide certification from the
Manufacturer as proof of NCHRP 350 compliance. All portable signs shall be mounted
according to height requirements of Subsection 150.03.0.
G. SIGN VISIBILITY AND OFFSETS
All existing, interim and new permanent signs shall be installed so as to be completely visible
for an advance distance in compliance with the MUTCD. Any clearing required for
maintaining the line of sight to existing, interim or permanent signs shall be done as part of
the requirements of the TIC plan. The clearing shall include any advance warning signs,
both interim and permanent, that are installed as a part of the work including advance
warning signs that are installed outside the limits of the project. Any sign installed behind
W-beam or T-beam guardrail with non-breakaway posts shall be installed with the leading
edge of the sfgn a minimum of four feet and three inches (4'3) behind the face of the
guardrail with five feet (5') of clearance being desirable. Limbs, brush, constl1Jction
equipment and materials shall be kept clear of the driver's line of sight to all signs that are
part of the TIC plan.
H. ADVANCE WARNING SIGNS:
1. All Tvpe Of Highways
Advance warning signs shall be placed ahead of the work area In accordance with Part
VI of the MUTeD and shall include a series of at least three advance road work (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).
At grade intersecting roadways and on-ramps shall be signed with a minimum of one
ROAD WORK AHEAD sign. '
When work terminates at a "T" intersection, a minimum of one "ROAD WORK AHEAD"
sign shall be placed in a~vance of the intersection and one "END ROAD WORK" sign shall
be plaCed at the termination end of the intersection. Field conditions may require the
use of additional warning signage.
Advanced Warning Signs on State Routes shall be a minimum dimension of 48 inches x
48 inches. When a State Route intersects a project which consists of adding travel
lanes, reconstructing an existing roadway or new location work, the State Route
approaches shall have a minimum of three (W20-1) advanced warning signs (1500 ft.,
1000 ft., 500 ft.). The termination end of an intersecting State Route shall have END
ROAD WORK signage.
The W20-1 signs shall be placed at the termini of the project or sufficiently in advance of
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the termini to allow for lane shifts, lane closures and other activities which may also
require advanced warning signs. The advanced warning signs for the project should not
overlap with the advanced warning signs for lane shifts, lane closures, etc.
The length of a workzone should be held to the minimum length required to accomplish
the work. If a project has multiple individual worksites within the overall limits of the
project, each site should be signed individually if the advance warning signs for each site
can be installed without overlapping an adjacent worksite. As soon as the work is
completed at any individual site the warning signs shall be removed from that site.
Clean-up work and punchlist work shall be performed with portable signage.
Project mileage indicated on the G20-1 sign shall be the actual project mileage rounded
up to the nearest whole mile. Projects less than two (2) miles in length or individual
worksites that are part of a multiple worksite project may delete this sign. The G20-1
sign shall be 60" X 36" and the G20-2 ~ign shall be 48" X 24".
2. Intersta~e, Limited Access And Multilane Divided Highways,
In addition to the W20-1 signs required at 500 ft., 1000 ft. and 1500 ft., multi-lane
divided highways shall also have additional advanced warning signs installed with the
legend "ROAD WORK (2 MILES, 1 MILE and 1/2 MILE). All construction warning signs
on divided highways shall be double indicated (i.e., on the left ,and right sides of the
roadway.) If the use of the 112 mile, 1 mile and 2 mile advanced warning signs cause an
overlap with other work or do not benefit field conditions then the Engineer may review
the use of these signs and eliminate their installation. When the posted speed limit is 50
MPH or less, the 112 mile, 1 mile and 2 mile signs should be eliminated especially in urban
areas.
The W20-1 advance warning signs for ROAD WORK 500 FEET; 1000 FEET; and 1500
FEET shall be temporarily covered when work involving the advanced warning signs for
lane shifts and lane closures overlap these signs. The ROAD WORK '12 MILE, ROAD
WORK 1 MILE, and ROAD WORK 2 MILES shall be in place when the 500, 1000 and
1500 feet signs are temporarily covered.
When the temporary traffic control zone already has advanced warning (W20-1) signs
installed the W20-1 signs required for lane closures under Standard 9106 should be
eliminated.
RAMP WORK ON UMITED ACCESS HIGHWAYS: The workzone shall not be signed for the
entire length of the mainline of a limited access highway when only short individual
worksites, interchange or, r~mp work is being performed.
When work is restricted to ramp reconstruction or widening activities, the advance
warning signs on the mainline section of the' limited access highway shall be limited to
the use of portable advance warning signs. These portable advance warning signs shall
only be utilized when work activity is within the gore point of the ramp and the mainline
traveled way or work is active in .the accel/decel lane adjacent to the mainline traveled
way. Portable advance warning signs (W20-1; 1500ft./l000 ft./500ft.) shall be installed
on the traveled way of the, limited access highway when the above conditions are
present. The advance warning signs ,shall be installed only in one direction where work
is active. All portable signs shall be double indicated. When work is not active, the
ramp work shall be advanced warned by the use of a single 48 inch X 48 inch "RAMP
WORK AHEAD" sign along the right shoulder of the mainline traveled way prior to the
beginning of the taper for the decel lane. The "RAMP WORK AHEAD" sign shall be
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mounted at seven (7') feet in height. Differences in elevation shall be in compliance with
the requirements of Subsection 150.06 prior to the removal of the portable (W20-1)
advanced warning signs from the mainline.
The G20-1 sign shall be eliminated on limited access highways when the work involves
only ramp work, bridge reconstruction, bridge painting, bridge joint repairs, guardrail
and anchor replacement or other site specific work which is confined to a short section
of limited access highway.
I. PORTABLE CHANGEABLE MESSAGE SIGN
Unless specified as a paid item in the contract the use of a portable changeable message
sign will not be, required. When specified, a portable changeable message sign (PCMS) shall" ,
meet the minimum requirements of Section 632 and the MUTCD. The maximum amount of
messages allowed to be flashed on one PCMS is two phases (flashes). The language and,
the timing of the messages shall comply with the MUTeD and Section 632.
When used as an advanced device the PCMS should typically be placed ahead of the,
construction activities. If the PCMS is used as a substitute for another device then the
requirements for the other device apply.
J. FLASHING BEACON
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. '
K. RUMBLE STRIP SIGNAGE
Signage for rumble strips located in the travelway shall be as reqUired in Subsection
150.01.C and Subsection 150.02.A.9.
L. LOW/SOFT SHOULDER SIGNAGE
Low or soft shoulder signs shall be utilized in accordance with the following conditions:
CONSTRUCTION/RECONSTRUCTION PROJECTS:
"LOW/SOFT SHOULDER" signs shall be erected when a difference in eleVation exceeds one
(1") inch but does not exceed three (3") inches between the travelway and any type of
shoulder unless the difference in elevation is four (4') feet or greater from the edge of the
traveled way.
The spacing of the signs shall not exceed one (1) mile and the signs shall be placed
immediately past each crossroad intersection. The "Low/Soft" signs shall remain in place
until the' difference in elevation is eliminated and the shoulder has been dressed and
permanently grassed for a minimum of thirty (30) calendar days. These signs shall be
furnished, installed, maintained and removed by the Contractor as part of Traffic Control-
Lump Sum. These signs shall be orange with black borders and meet the reflectorization
reqUirements of Subsection 150.01.C.
"SHOULDER DROP-OFF" (W8-9a) signs shall be used when a difference in elevation, leSs
than four (4') feet from the traveled way, exceeds three (3") inches and is not protected by
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positive barrier protection. These warning signs shall be placed in advance of the drop-off.
For a continuous drop-off condition! the W8-9a) signs shall! as a minimum, be spaced in
accordance with the above requirements for "Low/soft shoulder!' signs.
PROJECTS CONSISTING PRIMARILY OF' ASPHALTIC CONCRETE RESURFACING'
ITEMS:
"LOW/SOFT SHOULDER" signs shall be erected when a difference in elevation exceeds one
(1") inch but does not exceed three (3") inches between the travelway and any type of
shoulder unless the difference in elevation is four (41 feet ,or greater from the edge of the
traveled way.
SHOULDER BUILDING INCLUDED IN THE CONTRACT: "Low/Soft Shoulder" signs shall be
erected as per the requirement of Standards 9102, 9106, and 9107. "Shoulder Drop-off"
signs (W8-9a) shall be erectecl as per the requirements of the MUTCD. These signs shall be
maintained until the conditions requiring their installation have been eliminated. The
Contractor shall remove all interim warning signs before final acceptance.
SHOULDER BUILDING NOT INCLUDED IN THE CONTRACT: The Department will furnish the
"Low/Soft Shoulder'" signs, "Shoulder Drop-off" signs and the posts. The signs shall be
erected to meet the minimum requirements of Subsection 150.03. The Contractor shall
include the cost of furnishing installation hardware (bolts, nuts, and washers), erection and
maintenance of the signs in the bid price for Traffic Control- Lump Sum. The Contractor
shall maintain the signs until final acceptance. The Department will remove the signs.
LAU/LAR PROJECTS SHOULDER BUILDING NOT INCLUDED' IN THE CONTRACT: The
Contractor will fumish, install and maintain LOW/SOFT SHOULDER signs (yellow with black
borders, ASTM Type III or IV) at the appropriate spacing, until Final Acceptance of the
project by the Department. After Final Acceptance by the Department the signs will become
the property and responsibility of the local government.
M. BUMP SIGNAGE:
MULTI-LANE DIVIDED HIGHWAYS: A bump sign (W8-1) shall be utilized when a transverse
joint in the pavement structure has a vertical difference in elevation of three quarters (3/4'1
of an inch or greater in depth with no horizontal taper to ramp the traffic from one elevation
to the other. This condition typically occurs at approach slabs during pavement milling
operations and at transverse joints in asphaltic pavement lifts.
TWO-LANE TWO-WAY HIGHWAYS: A bump sign (W8-i) shall be utilized when a transverse
joint in the pavement structure has a vertical difference in elevation that exceeds one and
three quarters (1-3/4") inches in depth with no horizontal taper to ramp the traffic from one
elevation to the other. This includes utility and storm drainage repairs that require concrete
placement for patching and/or steel plating.
The (W8-!) ,sign shall be placed sufficiently in advance to warn the motorist of the condition.
150.04 PAVEMENT MARKINGS
A. GENERAL
Full pattern pavement markings in accordance with Section 652 and in conformance with
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Section 3A and 38, except 38.02, of the MUTCD, are required on all courses before the
roadway is opened to traffic. No passing zones shall be marked to conform to Subsection'
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.
1. Resurfacing Projects
Pavement markings shall be provided on all surfaces that are placed over existing
markings. Interim and final markings shall conform in type and, location to the markings
that existed prior to resurfacing unless changes or additions are noted in the Contract.
The replacement of parking spaces will not be required unless a specific item or note has
Deen included in the Contract. Any work to make additions to the markings that existed
prior to resurfacing is to be considered as extra work.
2. Widening And Reconstruction Projects
If the lane configuration is altered from the preconstruction layout then pavement
markings will be as required by the plans or the Engineer.
3. New Location 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 or as
shown in plans and shall conform to the requirements of Section ,f),S2, except as modified
herein. Raised pavement markers (RPMs) shall meet the requirements of Sectign951.
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 (Le. reflectorizing only a portion of a stripe) will riot be allowed.
C. INSTALLATION AND REMOVAL OF PAVEMENT MARKINGS:
INSTALLATION: All pavement markings, both interim and permanent, shall be applied to a
clean surface. The Contractor shall furnish the layout and preline the roadway surface for
the placement of pavement markings applied as part of the temporary traffic control' plan.
All interim marking tape and RPM's on the final surface shall be removed prior to the
placement of the final markings.
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 of the work.
REMOVAL: Markings no longer applicable shall be removed in accordance with Subsection
656.2.
T!:tE--.ELIMJN8JION -.P-E,..CONFUCfING PAVEMENT MARKINGS, BY OVERPAINTING.__WITH
J:>A.INT QRIJ.QW!21\SPHAJ,J IS, NOT A_CCEPTAB.L.I;.
INTERMEDIATE SURFACE: Interim markings shall be removed by methods that will cause
minimal damage to the pavement surface while also ensuring that traveling public will not be
confused or misdirected by any residual markings remaining on the intermediate surface.
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The use of approved black-out tape and black-out paint may be permitted on some interim
surfaces, provided the results are satisfactory to the Engineer.
FINAL SURFACE: No interim paint or thermoplastic markings will be permitted on any final
surface unless the interim markings are in alignment with the location of the permanent
markings and the interim marking will not interfere or adversely affect placement of the
permanent markings. The proposed method of removal for layout errors that require
markings to be removed from the final surface shall have the prior approval of the Engineer.
Any damage to the final pavement surface caused by the pavement marking removal
process shall be repaired at the Contractor's expense by methods acceptable and approved
by the Engineer. Subsection 400.3.06.C shall apply when corrective measures are required.
The use of black-out tape or black-out paint will not be permitted to correct layout errors on
any final surface.
Traffic shifts that are done on the final surface shall be accomplished using interim traffic
marking tape that can be removed without any blemishing of the final surface. Interim
traffic marking tape shall be used on any of the following final surfaces; asphaltic concrete,
Portland cement concrete, and bridge deck surfaces. Exceptions to the requirements for
interim traffic marking tape shall have the written prior approval of the Engineer before the
application of any other method is permitted.
PAY FACfOR REDUCfION FOR ASPHALTIC CONCRETE FINAL SURFACES: When the
correction of an error in the layout of the final pavement markings requireS the final surface
to be grounded, blemished, scarred, or polished the pay factor shall be reduced, to 0.95 for
the entire surface area of the final topping that has a blemish, polished or a scarred surface.
The reduced pay factor shall not be confined to only the width and length of the stripe or
the dimensions of the blemished areas, the whole roadway surface shall have the reduced
pay factor applied. The area of the reduced pay factor shall be determined by the total
length and the total width of the roadway affected. If the affected area is not corrected, the
reduction in pay shall be deducted from the final payment for the topping layer of asphaltic
concrete. The ,Engineer shall make the final determination whether correction or a reduced
pay factor is acceptable.
The eradication of pavemerit markings on intermediate and final concrete surfaces shall be
accomplished by a method that does not grind, polish, or blemish the surface of the
concrete. The method used for the removal of the interim markings shall not spall chip the
joints in the concrete and shall not damage the sealant in the joints. Any joint or sealant
repairs shall be included in the bid price for Traffic Control-Lump Sum. The proposed,
method of removal shall have the prior approval of the Engineer.
Failure to promptJy remove conflicting or non-applicable pavement markings shall be
considered as non-performance under Subsection 150.08.
PREPARATION AND PLANNING FOR TRAFFIC SHIFTS: 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.
Interim traffic marking tape shall be used as a temporary substitute for the traffic markings
being removed. '
Before any change in traffic lane(s) alignment, marking removal equipment shall be present
on the project for immediate use. If marking removal equipment failures occur, the
equipment shall be repaired or replaced (including leasing equipment if necessary); so that
the removal tan be accomplished without delay.
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Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay
course, when approved by the Engineer. When an asphaltic concrete overlay is placed for
the sole purpose of eliminating conflicting markings and the in place asphaltic concrete
section will allow, said overlay will be eligible for payment only if designated in the Plans.
Overlays to obliterate lines will be paid for only once and further traffic shifts in the same
area shall be accomplished with removable markings. Only the minimum asphaltic concrete
thickness required to cover lines will be allowed. Excessive build.up will not be permitted.
When an overlay for the sole purpose of eliminating conflicting markings is not allowed, the
markings no longer applicable shall be removed, in accordance with Subsection 656.2.
D. RAISED PAVEMENT MARKERS
Raised pavement markers (RPMs) are required as listed below for all asphaltic concrete
pavements before the roadway is open to traffic. On the final surface, RPM's shall be placed
according to the timeframes specified in 150.04 E. for full pattern pavement markings except
Interstate Highways where RPM's shall be placed ahd/or maintained when 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.
Raised pavement markers are not allowed on the right edge lines under any situation.
1. Interstate Highways
Retro-reflective raised pavement markers (RPM's) shall be placed and/or maintained on
intermediate pavements surfaces on all interstate highways tha~ are open to traffic. This
includes all resurfacing projects along with widening and reconstruction projects. The
spacing and placement shall be as required for MULTI-LANE DMDED HIGHWAYS.
2. Multi-Lane Divided Highways
Retro-reflective raised pavement markers (RPMs) shall be placed and/or maintained on
intermediate pavement surfaces on all multi-lane divided highways that are opened to
traffic when these roadways are being widened or reconstructed.' Two lane-two way
roadways that are being widened to a multi-lane facility; whether divided or undivided,
are included in this provision. Projects consisting primarily of asphalt resurfacing items
or shoulder widening items are excluded from this requirement. The RPMs shall be
placed as follows:
a. SUPPLEMENTING LANE UNES
80 foot center 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 UNES
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20 foot centers, two each, placed side by side.
c. OTHER UNES
As shown ,on the plans or directed by the Engineer.
3. Other Highways
On other highways under construction RPMs shall be used and/or maintained on
intermediate pavement surfaces as follows:'
a. SUPPLEMENTING LANE LINES AND SOLID LINES
40 foot centers except on lane shifts. (When required in the Plans or Contract.)
20 foot centers on lane shifts. (Required in all caSes.)
b. SUPPLEMENTING DOUBLE SOUD UNES
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.)
E. EXCEPTIONS FOR INTERIM MARKINGS
Some exceptions to the time of placement and pattern of markings are permitted as noted
below, however, full pattern pavement markings are req.uired 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 two feet long with a maximum gap of 38 feet. On curves greater than' six
degrees, a one-foot stripe with a maximum gap of 19 feet shall be used. In lane
shift areas solid lines will be required. Interim skip lines shall be replaced with
markings in full compliance with Section 652 prior to expiration of the 14 calendar
day period.
Interim raised pavement markers may be substituted for the interim skip (broken)
stripes. If raised pavement markers are substituted for the two foot interim skip
stripe, three markers spaced at equal intervals over a two feet distance will be
required. No separate payment will be made if the interim raised pavement markers
are substituted for interim skip lines.
Interim raised pavement markers shall be retro-reflective, shall be the same color as
the pavement markers for which they ~re substituted, and shall be visible d~ring
daytime.
The type of interim marker and method of attachment to the pavement shall be
approved by the Office of Materials and Research but in no case will the markers be
attached by the use of nails. Flexible reflective markers, Type 14 or Type 15, may
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be used for a maximum of fourteen (14) calendar days as an interim marker. Any
flexible reflective markers in use shall be from the qualified products list (QPl).
The interim raised pavement markers shall be maintained until the full pattern
pavement markings are applied. At the time full pattern 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 ZONES-TWO-LANE, TWO-WAY ROADWAYS
Passing zones shall be re-established in the locations existing prior to resurfacing.
No changes to the location of .passing zones shall be done without the written
approval of the Engineer. For Periods not to exceed three calendar days where
interim skip centerlines are in place, no-passing zones shall 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 V2 mile within each no-passing zone. 'A
post or portable mounted PASS WITH CARE regulatory sign (R4-1 24" x 30") shall be
placed at the end of each no-passing zone. Post mounted signs shall be placed in ,
accordance with the MUTCD. Portable signs shall conform to the requirements of
the MUTCD and shall be NCHRP 350 compliant. Portable signs shall be secured in
such a manner to prevent misalignment and minimize the possibility of being blown
over by weather conditions or traffic.
On new location projects and on projects where either horizontal or vertical
alignments has been modified, the location of No-Passing Zones will be identified ,by
the Engineer.
c. EDGEUNES
1) Bituminous Surface Treatment Paving
Edgelines will not be required on intermediate surfaces (including asphaltic
concrete leveling for bituminous surface treatment paving) that are in use for a
period of less than 60 calendar days except at bridge approaches, on lane
transitions, 'lane shifts, and in such other areas as determined by the Engineer.
On the final surface, edgelines shall be placed within 30 calendar days of the
time that the final surface was placed.
2) All Other Types of Pavement
Edgelines will not be required on intermediate surfaces that are in use for a
period of less than 30 calendar days except at bridge approaches, on lane
transitions, lane shifts, and in such other areas as determined by the Engineer.
On the final surface, edgelines shall be placed within 14 calendar days of the
time that the surface was placed.
2. Multi-Lane Highways - With No Paved Shoulder{S) Or Paved Shoulder(S) Four
Feet Or Less
a. UNDMDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE)
1) Centerlines and No-Passing Barrier-FuJi Pattern centerlines and no-passing
barriers shall be restored before opening to traffic.
2) Lanelines~Interim skip (broken) stripe as described in Subsection 150.04E.1.a.
may be used for periods not to exceed three calendar days. Skiplines are not
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permitted in lane shift areas. Solid lines shall be used.
3) Edgelines- Edgelines shall be placed on intermediate and final surfaces within
three calendar days of obJiteration.
b. DIVIDED HIGHWAYS (GRASS OR RAISED MEDIAN)
1) Lanelines- Full pattern skip stripe shall be reStored before opening to traffic. Skip
lines are not permitted in lane shift areas. Solid Jines shall be required.
2) Centerline/Edgeline- Solid lines shall be placed on intermediate and final surfaces
within three calendar days of obliteration.
3. Limited Access Roadways And Roadways With Paved Shoulders Greater Than
Four Feet
a. Same as Subsection 150.04.E.2except as noted in (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 and residue shall be removed prior to daily
striping.
4. Ramps For Multi-Lane Divided Highways
A minimum of one solid line edge stripe shall be placed on any intermediate surface of a
ramp prior to opening the ramp to traffic. The other edge stripe may be omitted for a
maximum period of three (3) calendar days on an intermediate surface. Appropriate
channelization devices shall be spaced at a maximum of twenty-five (25') feet intervals
until the other stripe has been installed.
The final surface shall have both stripes placed prior to opening the ramp to traffic.
5. MISCELLANEOUS PAVEMENT MARKINGS:
FINAL SURFACE: School zones, railroads, stop bars, symbols, words and other similar
markings shall be placed on final surfaces conforming to Section 652 within fourteen
(14) calendar days of completion of the final surface. Final markings shall conform to
the type of pay item in the plans. When no pay item exists in the plans the final
markings shall conform to Section 652 for painted markings.
INTERMEDIATE SURFACE: Intermediate surfaces that will be in use for more than forty-
'five (45) calendar days shall have the miscellaneous pavement markings installed to
conform to the requirement of Section 652. Under Subsection 150.11, Special
Conditions, or as directed by the Engineer these markings may be eliminated.
F. MOBILE OPERATIONS
When pavement markings (centerlines, lane lines, and edgelines) are applied in a continuous
operation by moving vehicles and equipment, the following minimum equipment and
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warning devices shall be required. These devices and equipment are in addition to the
minimum requirements of the MUTCD.
1. All Roadways
All vehicles shall be equipped with the official slow moving vehicle symbol sign. All
vehicles shall have a minimum of two flashing' or rotating beacons visible in all
directions. All protection vehicles shall have an arrow panel mounted on the rear. All
vehicles requiring an arrow panel shall have, as a minimum, a Type B panel. All vehicle
mounted signs shall be mounted with the bottom of the sign a minimum height of forty-
eight inches (48") above the pavement. All sign legends shall be covered or removed
from view when work is not in progress.
2. Two-Lane Two-Way Roadways
a. lead Vehicles
The lead vehicle may be a separate vehicle or the work vehicle applying the
pavement markings may be used as the lead vehicle. The lead vehicle shall have an
arrow panel mounted so that the panel is easily visible to oncoming (approaching)
traffic. The arrow panel should typically operate in the caution mode.
b. Work Vehicles
The work vehicle(s) applying markings shall have an arrow panel mounted on the
rear. The arrow panel should typically operate in the caution mode. The work
vehicle placing cones shall follow directly behind the work vehicle appJying the
markings.
c. Protection Vehicles
A protection vehicle may follow the cone work vehicle when the cones are being
placed and may follow when the cones are being removed.
3. MULTI-LANE ROADWAYS
A lead vehicle may be used but is not required. The work vehicle placing cones shaU
follow directly behind the work vehicle applying the markings. A protection vehicle that
does not function as a work vehicle should follow the cone work vehicle when traffic
cones are being placed. A 'protection vehicle should follow the cone work vehicle when
the cones are being removed from the roadway. Protection vehicles shall display a sign'
on the rear of the vehicle with the legend PASS ON lEFT(RIGHT).
INTERSTATES AND UMITED ACCESS ROADWAYS: A protection vehicle shall follow the
last work vehicle at all times and shall be equipped with a truck mounted attenuator
that is certified for impacts 'not less than 62 mph in accordance with NCHRP350 Test
Level Three, (3).
150.05 CHANNELIZATION
A. GEN ERAL
Channelization shall clearly delineate the travelway 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.
All Channelization Devices utilized on any project shall be NCHRP 350 compliant. Any device
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used on the Work ,shall be from the Qualified Products Ust. All devices utilized on the work
shall have a decal, logo, or manufacturer's stamping that clearly identifies the device as
NCHRP 350 compliant. The Contractor may be required to furnish certification from the
Manufacturer for any device to prove NCHRP 350 compliance.
1. Types of Devices Permitted for Channelization in Construction Work Zones:
a. DRUMS:
1) DESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be
reflectorized as required in Subsection 150.01.e. The upper edge of the top
reflectorized stripe on the drum shall be located a minimum of 33 inches above
the surface of the roadway. A minimum drum diameter of 18 inches shall be
maintained for a minimum of 34 inches above the roadway. '
2) APPLICATION: Drums shall be used as the required channelizing device to
delineate the full length of a lane closure, shift, or encroachment, except as
modified by this Subsection.
3) TRANSmON TAPERS FOR LANE CLOSURES: Drums shall be used on all
transition tapers. The minimum length for a merging taper for a lane closure on
the travelway shall be as shown in Table 150-1:
TABLE 150-1
PosteQ Lane Lane Lane Lane Maximum Drum
Speed Width Width Width Width Spacing in Tapers,
Limit. MPH 9 Feet 10 Feet 11 Feet 12 Feet (Feet)
Minimum Taoer Lenath (L) in Feet
20 60 70 75 80 20.
25, 95 105 115 125 25
30 135 150 165 180 30
35 185 205 225 245 35
40 240 270 295 320 40
45 405 450 495 540 45
50 450 500 550 600 50
55 495 550 605 660 55
60 540 600 660 720 60
65 585 650 715 780 65
70 630 700 770. 840 70
75 675 750 825 900 75
If site conditions require a longer taper then the taper shall be lengthened to fit
particular individual situations.
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The length of shifting tapers should be at least Y2 L.
The length of a closed lane or lanes, excluding the transition taper(s), shall be
limited to a total of two (2) miles. Prior approval must be obtained from the
Engineer before this length can be increased.
Night time conditions: When a merge taper exists into the night all drums
located in the taper shall have, for the length of the taper only, a six (6") inch
fluorescent orange (ASTM Type VI, VII, VIII, IX or X) reflectorized top stripe on
each drum. The top six-inch stripe may be temporarily attached to the drum
while in use in a taper. All drums that have the six-inch top stripe permanently
attached shall not be used for any other conditions.
Multiple Lane Closures:
(a) A maximum of one lane at a time shall be closed with each merge taper.
(b) A minimum tangent length of 2 L shall be installed between each individual
lane closure taper. '
4) LONGITUDINAL CHANNEUZATION: 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:
(a) 40 FOOT SPAONG MAXIMUM
(1) For difference in elevation exceeding two inches.
(2) for healed sections no steeper than 4:1 as shown in Subsection 150.06,
Detail lSO-E.
(b) 80 FOOT SPACING MAXIMUM
(1) For difference in elevation of two inches or less.
(2) Flush areas where equipment or workers are within ten feet of the travel
, lane.
(c) 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.
(1) For paved areas eight feet or greater in width that are paved flush with a
standard width travel lane.
(2) For disturbed shoulder areas not completed to typical section that are
, flush to the travel lane and conSidered a usable shoulder.
REMOVAL OF DRUMS: Drums may be removed after shoulders are completed to
typical section and grassed. Guardrail and other safety devices shall be installed and
appropriate signs advising of conditions such as soft or low shoulder shall be posted
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before the drums are removed.
b. VERTICAL PANELS
1) DESGN: All vertica,l panels shall meet the minimum requirements ofthe,MUTCD.
All vertical panels shall have a minimum of 270 square inches of retro-reflective
area facing the traffic and shall be mounted with the top of the reflective panel a
minimum of 36" above the roadway.
2) APPUCATION: Lane encroachment by the drum on the travelway should permit a
remaining lane width of ten 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 of 28 inches in height regardless of
application and shall meet the requirement of the MUTCD. Reflectorization may
be deleted from all cones.
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. Cones shall not be stored or
allowed to be visible on the worksite during nighttime hours.
d. BARRICADES
DESIGN: Type III barricades shall meet the minimum requirements of the
MUTCD and shall be reflectorized as required in Subsection 150.01.e. The
Contractor has the option of choosing Type III barricades from the Qualified
Products List or the Contractor may utilize generiC barricades that are approved
by the Federal Highway Administration (FHWA); When barricades have been
speCifically crash tested with signs, attached, the contractor has the
responsibility to attach the signs as per the manufacturer's recommendations to
ensure crashworthiness. ,If signs are attached to generic barricades or to
barricades from the Qualified Products List (QPL) that have not been crash
tested with signs attached then the responsibility for crashworthiness and the
liability for mounting these signs to the barricades are assumed by the
Contractor and the Contractor shall certify that the barricades are crashworthy
under FHWA workzone guidelines for NCHRP 350 crash worthy compliance. Any
generiC barricades used in the work shall be stamped or stenciled to show
compliance with NCHRP 350. The use of Type I and Type II barricades will not
be permitted.
1) APPUCA110N: Type III barricades shall be placed as required by the plans, the
Standards, and as directed by the Engineer. All signs mounted on barricades
shall be mounted to comply with the requirements of the MUTCD and NCHRP
350 Test Level III. NCHRP 350 crashworthy compliance may require that rigid
signs be'mounted separate from the Type III barricade.
When a barricade is placed so that it is subject to side impact from a vehicle, a
drum shall be placed at the side of the barricade to add target value to the
barricade.
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e. WARNING LIGHTS:
1) DESIGN: All warning lights shall meet the reqUirements of the MUTeD.
2) APPUCATION
(a) Type A Jow-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 lSO.03.H.
(b) Type C Steady-Burn lights shall be used as shown in the Plans, the
Standards, and as directed by the Engineer. Steady-burn lights are not
required on drums for merging tapers that exist into the night.
f. TEMPORARY BARRIERS
1) DESIGN: Temporary barriers shall meet the reqUirements of Sections 620.
2) APPUCATION: Temporary barriers shall be placed as required by the plans,
standards, and as directed by the Engineer. When Temporary barrier is located
20 fe~t or less from a travel lane, yellow reflectors shall be fixed to the top of the
barrier at intervals not greater than 40 feet in the longitudinal section and 20
feet in the taper section and shall be mounted approximately two inches above
the barrier. If both lanes of a two-lane two-way roadway are within 20 feet or
less of the barrier then the reflectors shall be installed for both directions of
traffic.
, The reflectors shall be 100 square inches (ASTM Type VII or VIII) reflective
sheeting mounted on fiat-sheet blanks. The reflectors shall be mounted
approximately two inches above the top of the barrier. The reflectors shall be
attached to the barrier with adhesive or by a drilled-in anchor type device. The
reflectors shall not be attached to a post or board that is placed between the gap
in the barrier sections. ,
Approach end of Temporary barrier shall be flared or protected by an impact
attenuator (crash cushion) or other approved treatment in accordance with
Construction Details/Standards 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., portable barrier shall
be used as a separator.
B~ PORTABLE IMPACT AlTENUATORS:
1. DESCRIPTION
This work consists of the furnishing (including spare parts), installation, maintenance,
relocation, reuse as required, and removal of Portable Impact Attenuator Units/Arrays.
2. MATERIALS
Materials used in the Attenuator shall meet the requirements of Section 648 for Portable
Impact Attenuators.
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~. CONSTRUCTION
Portable Impact Attenuator Unit/Arrays installation shall conform to the requirements of
Section 648, Manufacturer's recommendations and Georgia Standard 4960 and shall be
installed at locations designated by the Engineer, and/or as shown on the plans.
C. TEMPORARY GUARDRAIL ANCHORAGE- Type 12:
1. DESCRIPTION
This work consists of the furnishing, installation, maintenance and removal or Temporary
Guardrail Anchorage- Type 12 used for Portable Barrier or temporary guardrail end
treatment.
2. MATERIALS
Materials used in the Temporary Guardrail Anchorage- Type 12 shall meet the
requirements of Subsection 641.2 of the Specifications and current Georgia Standards
and may be new or used. Materials salvaged from the Project which meet the
requirements of Standards may be utilized if available. The use of any salvaged
materials will require prior approval of the Engineer.
3. CONSTRUCTION
Installation of the Temporary Guardrail Anchorage- Type 12 shall conform to the
requirements of the Plans, current Georgia Standards and Subsection 641.3 of the
Specifications. Installation shall also include sufficient additional guardrail and
appurtenances to effect the transition and connection to Temporary Concrete Barrier as
required by the details in Georgia Standard 4960.
150.06 DIFFERENCES IN ELEVATION "BETWEEN TRAVEL LANES AND SHOULDERS (SEE
SUBSECTION 1S0.0G.G FOR PROJECTS CONSISTING PRIMARILY OF ASPHALTIC
CONCRETE RESURFACING ITEMS)
Any type of work such as paving, grinding, trenching, or excavation that creates a difference in
elevation between travel lanes or between the travelway and the shoulder shall not begin until
the Contractor is prepared and able to continuously place the required typical section to within
two inches (2") of the existing pavement elevation. For any areas that the two inches minimum
difference in elevation cannot be accomplished the section shall be healed as' shown in Detail
lSD-E. If crushed stone materials are used to prOVide a healed section no separate payment will
be r:nade for the material used to heal any section. The Contractor may submit a plan to utilize
existing 'pay items for crushed stone provided the plan clearly demonstrates that the materials
used to heal an area will be' incorporated into the work with minimal waste. Handling and
hauling of any crushed stone used to heal shall be kept to" a minimum. The Engineer shall
determine if the crushed stone used to heal meets the specifications for gradation and quality
when the material is placed in the final location. '
A maximum of sixtY (60) calendar days shall be allowed for conditions to exist that require any
section or segment of the roadway or ramp to continue to require a healed section as described
by Detail lSD-E. Failure to meet this requirement shall be considered as non-performance of
Work under Subsection 150.08.
When trenching or excavation for minor roadway or shoulder widening is required, all operations
at one site shall be completed to the level of the existing pavement in the same work day.
Any channelization devices utilized in the work shall conform to the requirements of Subsection
150.05 and to the placement and spacing requirements in Details 150-8, 150-C, 150-D, and 150-
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E shown in this section.
Any construction activity that reduces the width of a travel lane shall require the use of a W-20
sign with the legend "LEFT/RIGHT LANE NARROWS". Two 24" x 24" red or red/orange flags
may be mounted above the W-20 sign. The W-20 sign shall be located on the side of the
travelway that has been reduced in width just off the travelway edge of pavement. The W-20
sign shall be a minimum of 500 feet in advance of any channelization devices that encroach on
the surface of travelway. A portable changeable message sign may be used in lieu of the W-20
sign.
GENERAL/TIME RESTRICTIONS:
A. STONE BASES, SOIL AGGREGATE BASE AND SOIL BASES
1. All Highways '
Differences in elevation of more than two inches between surfaces carrying or adjacent to ,
traffic will not be allowed for more than a 24-hour period. A single length of excavated
area that does not exceed 1000 feet in total length may be left open as a start up area
for periods not to exceed 48 hours provided the Contractor can demonstrate the ability to
continuously excavate and backfill in a profiCient manner. Prior approval of the Engineer
shall be obtained before any startup area may be allowed.
2. LIMITED ACCESS HIGHWAY RAMPS (INTERSTATES):
On projects that include ramp rehabilitation work, one ramp at a time may be excavated
for the entire length of the ramp from the gore point of the ramp with the interstate
mainline to the iJitersection with the crossing highway. This single ramp may remain
excavated with a vertical difference in elevation greater than two (2") inches for a
maximum of fourteen (14)'calendar days with drums spaced at twenty (20') feet intervals
as shown in Detail 150-B and a buffer space accepted under Section 150.06.F. After
fourteen (14) calendar days the section shall be healed as required for all other
highways. This area will be allowed in addition to the 1000 feet allowed for all other
highways.
B. ASPHALT BASES, BINDERS AND TOPPINGS
1. DIFFERENCES IN ELEVATION BETWEEN THE SURFACES OF ADJACENT
TRAVELWAYS
Travel lanes shall be paved with a plan that minimizes any difference in elevation
between adjacent travel lanes. The following limitations will be required on all work:
a. Differences of two inches (2'') or less may remain for a maximum period of fourteen
(14) calendar days.
b. Differences of greater than two inches (2'') shall be permitted for continuous
operations only.
EMERGENCY SITUATIONS: Inclement weather; traffic accidents, and other events
beyond the control of the Contractor may prevent the work from being completed as
required above. The Contractor shall notify the Engineer in writing stating the
conditions and reasons that have prevented the Contractor from complying with the
time limitations. The Contractor shall also outline a plan detailing immediate steps to
complete the work. Failure to correct these conditions on the first calendar day that
conditions will allow corrective work shall be considered as non-performance of Work
under Subsection 150.08.
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2. Differences in Elevation Between Asphalt Travelway and Paved Shoulders
Differences in elevation between the asphalt travelway and asphalt paved shoulders shall
not be allowed to exist beyond the maximum durations outlined below for the conditions
shown in Details 1S0-B, lSO-C, lSO-D, and 150-E:
Detail 150-8 conditions shall not be allowed for more than 24 hours. A single length that
does not exceed 1000 feet in total length may be left open for periods not to exceed 48
hours provided the Contractor can demonstrate the ability to continuously pave in a
profiCient manner. Prior approval of the Engineer shall be obtained before any section is
allowed to exceed 24 hours. Any other disturbed shoulder areas shall be healed as in
Detail lS0-E.
Detail 150-( conditions will not be allowed for more than 48 hours.
Detail 150-0 conditions will not be allowed for more than 30 calendar days.
Detail 1S0-E conditions will not be allowed for more than 60 calendar days.
Failure to meet these requirements shall be considered as non-performance o.f Work
under Subsection 150.08.
C. PORTLAND CEMENT CONCRETE
Work adjacent to a Portland Cement Concrete traveled way which involves the following
types of base and shoulders shall be accomplished according to the time restrictions outlined
for each type of base or shoulder. Traffic control devices shall be in accordance with
Subsection 150.05.
1. Cement Stabilized Base
Work adjacent to the traveled way shall be healed as per Detail 150-E within forty-eight
(48) hours after the seven (7) calendar day curing period is complete for each section
placed. During the placement and curing period, traffic control shall be in accordance
Detail 150-B.
2. Asphaltic Concrete Base ,
When an asphaltic concrete base is utilized in lieu of a cement stabilized base the
asphaltic concrete base shall be healed as per Detail lS0-E within forty-eight (48) hours
after the placement of each section of asphaltic concrete base. . For the ,first forty eight
hours traffic control shall be in compliance with Detail ISO-B.
3. Concrete Paved Shoulders
Concrete paved shoulders shall be placed within sixty (60) calendar days after the
removal of each section of existing shoulder regardless of the type of base materials
being placed on the shoulders. During the placement period, traffic control devices shall
be in accordance with' the appropriate detail based on the depth of the change in
elevation. Differences in elevation of more than two inches between the travel way and
the shoulder will not be allowed for more than a 24-hour period. A single length of
excavated area that does not exceed 1000 feet in total length may be left open as a start
up area for periods not to exceed 48 hours provided the Contractor can demonstrate the
ability to continuously excavate and backfill in a proficient manner. Prior approval of the
Engineer shall be obtained before any startup area may be allowed. Any other disturbed
shoulder areas shall be healed as in Detail 150-E.
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4. Asphaltic Concrete Shoulders
A difference in elevation that meets the requirements of Detail 150-8 shall not be
allowed to exist for a period greater than forty-eight (48) ,hours. After the removal of the
existing shoulder the section or segment of travelway may be healed with stone as per
Detail 150-E for a maximum of fourteen (14) calendar days. Asphaltic concrete shoulders
shall be placed within two (2") inches or less of the traveled way surface within fourteen
(14) calendar days after the removal of the stone healed section or the removal of each
section of the existing shoulder. The two (2") inches or less difference in elevation shall
not remain in existence for a period that exceeds thirty (30) calendar days unless the
paved shoulder is utilized as a detour for the traveled way. During the placement period,
traffic control shall be in accordance with the appropriate detail based on the depth of
, the change in elevation.
The Contractor may propose an alternate plan based on Subsection 150.06.F. Failure to
meet the above requirements and, time restri!:tions shall be considered as non-
performance of Work under Subsection 150.08.
D. MISCELLANEOUS ELEVATION DIFFERENTIALS FOR EXCAVATIONS ADJACENT TO
THE TRAVELWAY
Drainage structures, utility facilities, or any other work which results ina difference in
elevation adjacent to the travelway shall be planned and coordinated to be performed in
such a manner to minimize the time t'raffic is exposed to this condition. The excavation
should be back filled to the minimum requirements of Detail 150-E as soon as practical.
Stage construction such as plating or baCkfilling the incomplete work may be required.
The difference in elevation shall not be allowed to exist for more than five (5) calendar
days under any circumstances. Failure to correct this condition shall be considered as
non-performance of Work under Subsection 150.08.
E. CONDUIT INSTALLATION IN PAVED AND DIRT SHOULDERS
The installation of conduit and conduit systems along the shoulders of a traveled way
shall be planned and installed in a manner to minimize the length of time that traffic is
exposed to a difference in elevation condition. The following restrictions and limitations
shall apply: "
1. Differences in Elevation of Two (2") Inches or Less
The shoulder may remain open when workers are not present. When workers are
present the shoulder shall be dosed and the channelization devices shall meet the
requirements of Subsection 150.05. The difference in elevation on the shoulder shall
remain for a maximum period of fourteen (14) calendar days. '
2. Differences in Elevation Greater Than Two (2") Inches
The shoulder shall be closed. The shoulder closure shall not exceed twenty-four (24)
'hours in duration unless the Special Conditions in Subsection 150.11 modifies this
restriction or the Engineer allows the work to be considered as a continuous operation.
Failure to meet these requirements shall be considered as non-performance of Work
under Subsection 150.08.
F. MODIFICATIONS TO DETAILS 150-6, 150-C, 150-0 AND 150-E
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The Contractor may propose any alternate temporary traffic control plan that utilizes a
portion of the travel lane as a "buffer space". This buffer space may allow for an enhanced
work area that will allow for the placement of materials to proceed at a pace that could not
be achieved with the time restriction requirements outlined in Section 150.06.A, 150.06.8,
and 150.06.C. The Contractor may propose modified time restrictions based on the use of
the buffer space. Any proposed modifications in the time duration allowed for the
differences in elevations to exist shall be reviewed by the Engineer as a component of the
overall TIC plan. No modifications shall be made until the proposed plan is accepted by the
Engineer. The Engineer shall have no obligation to consider any proposal which results in an
increase in cost to the Department.
For the travel lane described in each of the details 150-8, 150-C, 150-D and 150-E it is
presumed that the pavement marking edgeline (yellow or white solid stripe) is located at the
very edge of the travel lane surface. A buffer space (temporary paved shoulder) that utilizes
a portion of the travel lane should be six (6') feet in width desirable but shall not be less
than four (4') feet in width. Any remaining travellane(s) shall not be fessthan ten (10') feet
in width.
If the proposed shifting of the traffic to obtain a buffer space and maintain a minimum travel
lane(s) of ten (10') feet requires the use of any existing paved shoulders then the cost of
maintenance and repair of the existing paved shoulder(s) shall be the responsibility of the
Contractor. The Contractor is responsible for the costs of maintenance and repairs even if
the existing paved shoulder(s) is to be removed in a later stage of the work. Existing
shoulders that have rumble strips shall have the rumble strips removed before the shoulder
can be utilized as part of the travel lane. The cost of the removal of the rumble strips shall
be done at no cost to the Department even if the shoulder is to be removed in a later stage
of the work.
Any modifications to the staging and time restrictions that are approved as part of the TIC
plan shall be agreed to in writing. Failure to meet these modifications shall be considered as
non-performance of the Work under Subsection 150.08.
G. ASPHALTIC CONCRETE RESURFACING PROJECTS
SHOULDER CONSTRUCTION INCL,UDED AS A PART OF THE CONTRACT: When the
placement of asphaltic concrete materials creates a difference in elevation greater than two
(2'') inches ~tween the earth shoulder (grassed or un-grassed) and the edge of travelway
or between the earth shoulder and a paved shoulder that is less than four (4') feet in width,
the Contractor shall place and maintain drums in accordance with the requirements of
Subsection 150.05A.1.a.4). When the edge of the paved surface is tapered with a 30-45
degree wedge, drums may be spaced at 2.0 times the speed limit in MPH. Drums shall
remain in place and be maintained until the difference in elevation has been eliminated by
the placement of the appropriate shoulder materials.
SHOULDER CONSTRUCTION NOT INCLUDED AS A PART OF THE CONTRACT: When the
placement of asphaltic concrete materials creates a difference in elevation greater than two
(2") inches between the earth shoulder (grassed or un-grassed) and the edge of travelway
or between the earth shoulder and a paved shoulder that is less than four (4') feet in width,
the Contractor shall notify the Engineer, in writing, when the resurfacing work including all
punch list items has been completed.
See Subsection 150.03.L for the requirements for "LOW/SOFT SHOULDERS" and
"SHOULDER DROP-OFF" sign age.
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Location of drums when Elevation Difference exceeds 4 inches. Drums spaced at 20 foot intervals. Note:
If the travel way width is reduced to less than 10 feet by the use of drums, vertical panels shall be used in
lieu of drums. '
/
f
/
New Construction
f-------::::::::::::::::::~
I Travel Lane
~ 4 ~ .
4
4
ELEVATION DIFFERENCE GREATER THAN 4 INCHES
DETAIL 150-B
Drums spaced at 40 foot intervals.
Location of drums when Elevation
Difference is 2+ inches to 4 inches.
New Construction
6 inches :i:
~:::::::::::::::::::::::::~
I Travel Lane
.4 '
~ ~
.
.
EL.EYATlON OIfEERENC-E_4+ tQ 4.Jn_c.b~
peIAJI."J~Q~C
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Drums spaced at 80 foot intervals.
Location of drums when Elevation
Difference is 2 inches or less.
4 feet :l:
New Construction
i-------------------------I--
---------~----------------
.1.
Travel Lane
4 l(
~
.
EkEYATJONDlfJ1J;R.ENCE OF1JNCJ:U~S,OR LESS
DETAIL1~:D.
Location of drums immediately after
completion of healed sections spaced at 40
foot intervals.
Compacted graded aggregate,
subbase material or dirt.
=\
TOP OF DRUM TO BE LEVEL
NO STEEPER THAN 4: I
New Construction
2 feet :l:
-------------------------1--
--------------------------
.1.
Travel Lane
IlII III
~
.
HEALED. SECTION
DEJ'-^-JLJ50-~
150.07 FLAGGING AND PILOT CARS:
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A. FLAGGERS
Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special
Provisions, and as required by the Engineer.
B. FLAGGER CERTIFICATION
All f1aggers shall meet the requirements of the MUTCD and shall have received training and
a certificate upon completion of the training from one of the following organizations:
National Safety Council
Southern Safety .~ces
Construction Safe\:f-Q)nsultants
Ivey Consultants
American Traffic Safety Services Assodation (ATSSA)
Certifications from other agencies will be accepted only if their training program has been
approved by anyone of the organizations listed above.
Failure to provide certified f1~ggers as required above shall be reason for the Engineer
suspending work involving the f1agger(s) until the Contractor provides the certified f1agger
(5). Flaggers shall have proof of certification and valid identification (photo I.D.) available
any time they are performing flagger duties.
C. FLAGGER APPEARANCE AND EQUIPMENT
Flaggers shall wear high-visibility clothing in compliance with Subsection 150.01.A and shall
use a Stop/Slow paddle meeting the reqUirements of the MUTCD for controlling traffic. The
Stop/Slow paddles shall have a shaft length of seven (7) feet minimum. The Stop/Slow,
paddle shall be retro-reflectorized for both day and night usage. In addition to the
Stop/Slow paddle, a f1agger may use a flag as an additional device to attract attention. This
flag shall meet the minimum requirements of the MUTCD. The flag shall, as a 'minimum, be
24" inches square and red or red/orange in color. for night work, the vest shall have
reflectorized stripes which meet the requirements of the MUTCD.
D. FLAGGER WARNING SIGNS
Signs for f1agger 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 f1agger shall be 'placed beyond the point
where traffic can reasonably be expected to stop under the most severe conditions for that
day's work.
E. PILOT VEHICLE REQUIREMENTS
Pilot vehicles will be required during placement of bituminous surface treatment or asphaltic
concrete on two-lane roadways unless otherwise specified. Pilot vehicles shall meet the
requirements of the MUTCD.
F. PORTABLE TEMPORARY ,TRAFFIC CONTROL SIGNALS
The Contractor may request, in writing, the substitution of portable temporary traffic control
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signals for f1aggers on two-lane two-way roadways provided the temporary signals meets
the requirements of the MUTCD, Section 647, and Subsection 150.02.A.8. As a part of this
request, the Contractor shall also submit an alternate temporary traffic control plan in the,
event of a failure of the signaJs. Any alternate plan that reqUires the use of fJaggers shall
include the use of certified f1aggers. The Contractor shall obtain the approval of the
Engineer before the use of any portable temporary traffic control signals will be permitted.
150.08 ENFORCEMENT
The safe passage of pedestrians and traffic through and around the temporary traffic control
zone, while minimizing confusion and disruptiol1 to traffic flow, shall have priority over all other
Contractor activities. Continued failure of the Contractor to comply with the, requirements of
Section 150 (TRAFFIC CONTROL) will result in non-refundable deductions of monies from the
Contract as shown in this Subsection for non-performance of Work.
Failure of the Contractor to comply with this Specification shall be reason for the Engineer
suspending all other work on the Project, except erosion control and traffic control, taking
corrective action as speCified in Subsection 105.15, and/or withholding payment of monies due
to the Contractor for any work on the Project until tJ1Jffic control deficiencies are corrected.
These other actions shall be in addition to the deductions for non-performance of traffic control.
SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF TRAFFIC
CONTROL INSTALLATION ANDIOR MAINTENANCE
ORIGINAL TOTAL CONTRACT AMOUNT
From More Than To and Including Dally Charge
$0 $100,000 $200
$100,000 $1,000,000 $500
$1,000,000 $5,000,000 $1,000
$5,000,000 $20,000,000 $1.500
$20,000,000 $40,000,000 $2,000
$40.000,000 $---------- $3,000
150.09 MEASUREMENT
A. TRAFFIC CONTROL
When listed as a pay item in the Proposal, payment will be made at the lump Sum price bid,
which will include all traffic control not paid for separately, and will be paid as follows:
When the first Construction Report is submitted, a' payment of 25 (twenty-five) percent of
the Lump Sum price y!i11 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 (less previous payments), not to exceed one hundred (100) percent.
When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the
requirements of Section 150 and the Temporary 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.
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. 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 fumishing the
signs, including supports as required, erecting, illuminating overhead signs, maintaining, ,
removing, re-erecting, and final removal from the Project. Payment will be made only
one time regardless of the number of moves required. .
2. Remove and reset existing special gUide signs, ground mount or overhead, complete, in
place, will be measured for payment per each. Payment will be made only one time
regardless 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.
C. TEMPORARY BARRIER
Temporary Barrier shall be measured as specified in Section 620.
D. CHANGEABLE MESSAGE SIGN, PORTABLE
Changeable Message Sign, Portable will be measured as specified in Section 63).
E. TEMPORARY GUARDRAIL ANCHORAGE, Type 12
Temporary Guardrail Anchorage- Type 12 will be measured by each assembly, complete in
place and accepted according to the details shown in the plans, which shall also include the
additional guardrail and appurtenances necessary for transition and connection to
Temporary Concrete Barrier. Payment shall include all necessary materials, equipment,
labor, site preparation, maintenance and removal.
F. TRAFFIC SIGNAL INSTALLATION- TEMPORARY
Traffic Signal Installation- Temporary will be measured as specified in Section 647.
G. FLASHING BEACON ASSEMBLY
FJashing Beacon Assemblies will be measured as specified in Section 647.
H. PORTABLE IMPACT ATTENUATORS
Each Portable Impact Attenuator will be measured by the unit/array which shall include all
First Use January 4,2000
Page 54 of 54
material components, hardware, incidentals, labor,' site preparation, and maintenance,
including spare parts recommended by the manufacturer for repairing 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.
I. PAVEMENT MARKINGS
Pavement markings will be measured as specified in Section 150.
150.10 PAYMENT:
When shown in the Schedule of Items in the Proposal, the following items will be paid
for separately.
Item No. 150. Traffic Control............................................................
Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color)....
Item No. 150. Traffic Control, Skip Traffic Stripe _ Inch, (Color) ....
Item No. 150. Traffic Control, Solid Traffic Stripe,
Thermoplastic _ Inch, (Color) ..........................
Item No. 150. Traffic Control, Skip Traffic Stripe,
Thermoplastic _ Inch, (Color) ........................
Item No. 150. Traffic Control, Pavement Arrow with
Raised Reflectors .......... ........... ............ ..... ......... ....
Item No. 150. Traffic Control, Raised Pavement Markers-All Types.
Item No. 150. Interim Ground Mounted Special Guide Signs ........
'Item No. 150. Interim Overhead Special Guide Signs '...................
Item No. 150. Remove & Reset Existing Special Guide Signs,
Ground Mount, Complete in Place .............".........
Item No. 150. Remove & Reset, Existing Special Guide Signs,
Overhead, Complete in Place ...............................
Item No. 150. Traffic 'Control, Portable Impact Attenuator.............
Item No. 150. Traffic Control, Pavement Markers, Words
, and Symbols ...... ................................ ................ ~..
Item No. 150. Traffic Control, Pavement Arrow (Painted) with
, Raised Reflectors ..................."..............................
Item No. 150. Traffic Control, Workzone Law Enforcement...........
Item No. 150. Modify Special Guide Sign, Ground Mount..............
Item No. 150. Modify Special Guide Sign, Overhead.....................
Item No. 620. Temporary Barrier..................................................
Item No. 632. Changeable Message Sign, Portable ......................
Item No. 641. Temporary Guardrail Anchorage, Type 12 ............
Item ~o. 647. Traffic Signal Installation, Temp ......,......................
Item No. 647. Flashing Beacon Assembly, Structure Mounted .....
Item No. 647. Flashing Beacon Assembly, Cable Supported ........
http://tomcat2.dot.state.ga:us/thesource/pdf/special-provisions/shelf/sp150.html
Lump Sum
per Linear Mile'
per linear mile
per linear Mile
per Linear Mile
per Each
, per Each
per Square Foot
per Square Foot
per Each
per Each
per Each
per Square Foot
per Each
per Hour
per Square Foot
per Square Foot
per Lineal Foot
per Each
per Each
Lump Sum
per Each
per Each
1217/2007
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167.1 General Description
I This Specification establishes the Contractor's responsibility to meet the requirements of the National Pollutant Discharge
Elimination System (NPDES) Jrifrastructure Permit No. GAR. 100002 as it pertains to Part N. Erosion, Sedimentation and
Pollution Control Plan. '
167.1.01 Definitions
I Qualified Personnel- Qualified personnel are defined as persons who have successtwIy completed 1b.eDepartment's WECS
Certification Course and maintain a current WECS certification card.
167.1.02 Related References
I A. Standard SpedficaUons
Section 16J-Contro! of SoH Erosioo and Sedfrnentation
B. Referenced Dc:icume~ts
I NPDES Infrastructure Permit No. GAR 100002, Part N
WBCS Certification Course
Environmental Protection Divisions Rules and Regulations (Chapter391-~-26)
I OCGA 12.7 '
167.1.03 Submittals
I ' Genen1ProvisioJlS tol ~ugh 150
167.2 Materials
General Provisions 101 thrOugh'150:
1 167.2.01 Delivery, Storage, and Handling
General Provisions 101 through 150.
167.3 Construction Require~ents
" 167.3.01 Personnel
Use qualified personnel to perform aU zponitoring, sampling, inspections, and rainfall data collectioD.
Use the Contmctor designated WECS or select a prequalified consultant from the Qualified 'Consultant List (QCL) to perfonn
I water quality monitoring.
Ensure that monitoring consultants' employees who perform monitoring, sampling, inspections, and rainfall data collection
are WECS Certified.
I 167.3.02 EquIpment
, Provide equipmentnecessazy to complete the Work or as directed.
167.3.03 PreparatIon
I General Provisions 101 through 150.
167.3.04 FabrIcation
Section 167-- Water Quality !'1onitoring
Page 1 of 4
Date: August 26,2002
First Use Date 2001 Specifications: November 1,2002
Revised: January 16,2003
'Revised: August 1,2003
Revised Apnl1,2004
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
Section '167-Water Quality Monitoring
Add the following:
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Section 167-- Water Quality Monitoring
Page, 2 of 4
General Provisions 101 through 150,
167.3.05 Construction
A. General
, ,Perform, inspections. rainfall data collection, testing M samples, and reportiIig the test results on the project according to
the reqUU'cmeilts in Part N of the NPDES Infrastructure permit andthis'Specification.
Take samples manually or with the use of automatic samplers, according ~o the pennit. Analyze all according to the
permit, regardless of the method wed to collect the sampl~.
If samples, are analyzed in the field using portable turbidemeters, the monitoring results shall stt~ that they are being
used and a digital readout ofNTUs is what is provided.' ' " '
Submit bench sheets, work sheets, etc., when using portable turbidemeters. There are no ex~eptioDS to this requirement.
Perform required inspections an~ submit all reportS required by this Specification within the time frames specified. .
Failure to perfonn th.e inspections or submit the requ,ired reports within the time specified wilI.result in the cessation of
all constmction activities with the exception of traffic control and erosion control. Continued failme to perform .
inspections or submit the req~ed reports within the times specified will result in non-refundable deductions as specified
in Subsection 161.5.01.8. ' .
B.' Inspections
Have the grisineer inspect the installation and condition of ~aCh erosion control device l'equired by the ~rosion control
plan within s.even days after initial installation. Have this inspection performed for each stage of consb'uction when new
, devices &Ie installed. Correct all deficiencies reported by the,Engineer within two buSiness days.
Ensure inspections 'are conducted by the WECS or qualified persoDD:C1 on the areas and at the frequencies listed below.
DocUlneI!t all inspections on fom DOT-EC-I.
1. Daily:
a. Petroleum product storage, usage and handling areaS
b. All locations where vehicles enter/eXit the site
2. WeeIcly and after Rainfall Eve~ts:
Conduct inspections on these areas every seven calendar days and within twenty-four hours after the end of a
rainfall event that is O.S in (13 rom) or great~r:
a. Disturbed areas not permanently stabilized
b. . Material storage areas
c. Structural control measures, Best Manag'ementPractices (BMPs)
d. Water quality monitoring locations and equipment
3. Monthly: ,
Once per month, inspect all areas where final stabiliza.tion has ,been completed LOok for evidence of sediments or
pollutants entering the drainage system and or receiviD:g waters. ~ect all erosion control deviccstlJat rm;u1in in
place to ve~ the maintenance status and that the devices are functioning properly.
Continue these inspections until the Notice ofTennination is submitted
Reports:
1. Inspection Reports:
Summarize the results of inspections noted above in writing on form DOT - EC-I. Include the following
information:
. Date(s) of inspection
· Name of personnel making inspection
. Status of devices
. Observations
. Action taken
. Signature of personnel making the inspection
Any incidents of .non-compliance
The EC-l form shall be signeq by the project WECS.
Submit all inspection reports to the Engineer within twenty-four hows of the inspection.
The Engineer will review the reports, inspect the project for compliance, and issue concurrence with the submitted
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S'ection 167--Water Quality Monitoring
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reports provided the inspection reports are satisfactory.
The Engine'er will notify the WECS or qualified personnel of any additional items to be addtd to the inspection
report.
, Correct any items listed in the inspection report tl,1at require routine maintenance or correction witlJ.fu twenty-four
hours of notification. '
Asswne responsibility for all costs associated with additional sarnp).ing as specified in Part N.D.5.d.3.(c) and part
IV,D.5.d.3.(d),ofthe NPDES GAR i00002 permit if either of theSe conditions arise: '
. BMPs shown in the Plans are not properly installed and maintained, or
. BMPs designed by the Contractor are not properly designed, ~ta1led and maintained.
2. Monitoring Reports
a. Report Requirements
Include in all reports, the following certification statement, signed by the WECS or consultant providing
monitoring on the project:
"1 certify under penalty of law that this document and all attachments were prepared under my direct
supervision in accordance with a system designed to assure that qualified perso7l1lel prop~rly gather and
evaluate the information submitted. Based'on my inquiry of the person, or person.r who ma1lage the system,
or those persons directly responsiblefor gathering the information, the information iJ, to the best of my
knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for
subm!riingfalse information. including the possibility offinean4 imprisonme.ntfir knowing violations. "
When a rainfall event requires a sample to b~ taken, submit a report of the monitoring results to the Engineer
within seven working days of~, date the sample was obtll41ed. Include the folloWing information:
1) Date ofsarnpling
2) Rainfall amount on sample date (sample date only)
3) NTU of sample & aiJ.aiysis method .
4) Location where sample was taken (station number'. etc.)
5) Receiving water or outfall sampl~
6) Project nu~bcr and county
7) , Whether the sample was taken by automatic sampler or manually (grab .sample)
b. Report Requirements with No Qualify~g Rainfall Ev~nts ,
When no qualifying rBin:fall event ocCurs during item ~ or 2 (whichever. comes first): Submit a report that atates
''No qualifying rainfall 'event occUITed and no samples were taken." '
I) Clearing and Grubbing is complete and 90 days have passed without Il qualifying rainfall event occuning
in the drainage area selected as the representative nmpling location. ,
2) Clearing and Grubbing is complete and the mass grading has been completed without a quaIifyin8 rainfall
event occurring in the drainage area selected as the representative s,ampling location.
, Submit this summary to the Engineer within 7 working days after the massgniding is complete or within
97 days of the completion o~clearing and grubbing (whichever applies).
c. Test Results,
Provide monitoring test results to the Engineer within 48 hours of the samples being analyzed. This notification
may be verbal or Written. This notification does not replace the monitoring summary.
3. Rainfall Data Reports '
Record the,~asurement ofrairifall once each twenty-four hour period. Measure rainfall data at the active phase of
constrp.ction on the site.
Projectrain gauges and those used to trigger the automatic samplers are to be emptied after every rainfall event This
will prevent a cumulative effect and prevent automatic samplers from taking samples even though the rainfall event
was not a qualifying event. '
Submit a written weekly report, signed by the wECS, to the Engineer showing .the rainfa11 data for eaCh day. The
daily rainf~ll data supplied by the WECS to the Engineer will be the official rainfall data for the project.
167.3.06 Qualio/ Acceptance..
General Provisions 101 through 150.
161.3.01 Contractor Warranty and Maintenance
General Provisions 101 through 150.
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Section 167-Water Qu:a1ity Monitoring
J:'age 4 OI ~
167.4 Me.asurement
The work required in the Inspection and Report sub-sections will be measured'for payment.
When the monitoring location is a receiving water, the upstream and downstream samples constitute one sample,
When the monitoring location is an outfall, a single outfan sample constitutes Qne sample.
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161.4.01 Limits
GeneralProvisioos 101 through 150. Submit the report to' the Engineer within 7 working days
167.5 Payment
Paym.ent for Water QUality Monitoring and Sampling will be made as follows:
Water Quality Monitoring and Sampling per each is full compensation for meeting the requirements of the monitoring
sections of tIle NPDES permit and this Specification, obtaining samples, analyzing samples, any and all necessary ,
incidentals, and providing results of turbidity tests to the Engineer, within the time frSine required by the NPDES
Infrastructure pennit, and this Specification. , '
This item is based on the rainfall events that require, sampling as descnbed in Part rv.D.5 of the permit. ,
The Department will not pay for saIl!Ples taken and analYzed for rainfall events that .are not qualifying events as compared to
the daily rainfall data supplied by the WEeS. ,
Water Quiility Inspections per month is full compensation for performing the 'r~uirements of the inspection section of the
NPDES pennit and this Specificati.~n, any and an necessary incidentals, and provi!ling results of impeCtiODS to the Engineer,
within the time frame required by' the NPDES InfrastlUcture pennit, and'this Specification. '
Water Quality inspections will be paid f<,>r per month. '
Payment will be made unde~:
~teni No. 167 Water Quality Inspections
/per month
Water Quality Monitoring and Sampling will be paid per each.
Payment will be ~de under:
m No. 167
167.5.01. Adjustments
General Provisions 101 through 150.
Per each
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