HomeMy WebLinkAboutPaving Various Roads (2)
Augusta Richmond GA
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LIST OF PROJECT DOCUMENTS
Paving Various Roads, Phase IV (Louisa Road)
Project Number: 57-8708-096
SECTION
PAGES
Instruction to Bidders
IB-I thru IB-3
Georgia Prompt Pay Act
PPA-I
Minority and Economically
Disadvantaged Business Support
ME-I
Special Conditions
SP-I thru SP-4
Agreement
A-I thru A-4
General Conditions
1 thru 33
Supplementary Conditions
SC-I thru SC-2
Proposal
P-I thru P-5
Typical sections
TS-I thru TS-2
Concrete Paved Ditches
CPD-I thru CPD-2
Location Maps
LM-I thru LM-3
Water Line
WW-l
General Notes
G-I thru G-13
Traffic Control
TC-l thru TC-23
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SECTION IB
INSTRUCTION TO BIDDERS
IB-01
GENERAL
All proposals must be presented in a sealed envelope,
addressed to the Owner. The proposal must be filed with the
Owner on or before the time stated in the invitation for bids.
Mailed proposals will be treated in every respect as though
filed in person and will be subject to the same requirements.
Proposals received subsequent to the time stated will
be returned unopened. Prior to the time stated any proposal
may be withdrawn at the discretion of the bidder, but no
proposal may be withdrawn for a period of sixty (60) days after
bids have been opened, pending the execution of contract with
the successful bidder.
IB-02
EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy
himself as to the nature and location of the work, the
conformation of the ground, the character, quality and quantity
of the facilities needed preliminary to and during the
prosecution of the work, the general and local conditions, and
all other matters which can in any way affect the work or the
cost thereof under the contract. No oral agreement or
conversation with any officer, agent, or employee of the Owner,
either before or after the execution of the contract, shall
affect or modify any of the terms or obligations therein.
IB-03
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans,
specifications or other prebid documents will be made to any
bidder orally.
Every request for such interpretation should be in
writing addressed to the Director of Public Works, 1815 Marvin
Griffin Road, Augusta, Georgia 30906, and to be given
consideration must be received at least five days prior to the
date fixed for the opening of bids. Any and all such
interpretations and any supplemental instructions will be in
the form of written addenda to the specifications which, if
issued, will be sent by certified mail with return receipt
requested to all prospective bidders (at the respective
addresses furnished for such purposes), not later than three
days prior to the date fixed for the opening of bids. Failure
of any bidder to receive any such addendum or interpretation
shall not relieve such bidder from any obligation under his bid
as submitted. All addenda so issued shall become part of the
Contract Documents.
IB-1
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IB-04
PREPARATION OF BIDS
Bids shall be submitted on the forms provided and
must be signed by the bidder or his authorized representative.
Any corrections to entries made on bid forms should be
initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid
forms, unless specific directions in the advertisement, on the
bid form, or in the special specifications allow for partial
bids. Failure to quote on all items may disqualify the bid.
When quotations on all items are not required, bidders shall
insert the words "no bid" where appropriate..
Alternative bids will not be considered unless
specifically called for.
Telegraphic bids will not be considered.
Modifications to bids already submitted will be allowed if
submitted by telegraph prior to the time fixed in the
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
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IB-06
BIDDER'S QUALIFICATIONS
No proposal will be received from any bidder unless
he can present satisfactory evidence that he is skilled in work
of a similar nature to that covered by the contract and has
sufficient assets to meet all obligations to be incurred in
carrying out the work. He shall submit with his proposal,
sealed in a separate envelope, a FINANCIAL EXPERIENCE AND
EQUIPMENT STATEMENT, giving reliable information as to working
capital available, plant equipment, and his experience and
general qualifications. The Owner may make such investigations
as are deemed necessary to determine the ability of the bidder
to perform the work and the bidder shall furnish to him all
such additional information and data for this purpose as may be
requested. The Owner reserves the right to reject any bid if
the evidence submitted by the bidder or investigation of him
fails to satisfy the Owner that such bidder is properly
qualified to carry out the obligations of the contract and to
complete the work contemplated therein. Part of the evidence
required above shall consist of a list of the names and
addresses of not less than five (5) firms or corporations for
which the bidder has done similar work.
IB-O?
PERFORMANCE BOND
At the time of entering into the contract, the
Contractor shall give bond to the Owner for the use of the
Owner and all persons doing work or furnishing skill, tools,
machinery or materials under or for the purpose of such
contract, conditional for the payment as they become due, of
all just claims for such work, tools, machinery, skill and
terms, for saving the Owner harmless from all cost and charges
that may accrue on account of the doing of the work specified,
and for compliance with the laws pertaining thereto. Said bond
shall be for the amount of the contract satisfactory to the
Owner and authorized by law to do business in the State of
Georgia.
Attorneys-in-fact who sign bonds must file with each
copy thereof a certified and effectively dated copy of the
power of attorney.
IB-OS
REJECTION OF BIDS
These proposals are asked for in good faith, and
awards will be made as soon as practicable, provided
satisfactory bids are received. The right is reserved, however
to waive any informalities in bidding, to reject any and all
proposals, or to accept a bid other than the lowest submitted
if such action is deemed to be in the best interest of the
Owner.
IB-3
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GEORGIA PROMPT PAY ACT
This contract is intended by the parties to, and does, supersede
any and all provisions of the Georgia Prompt Pay Act, O. C. G. A.
section 13-11-1, et seg. In the event any provision of this
Contract is inconsistent with any provision of the Prompt Pay
Act, the provision of this contract shall control.
NOTICE
All references in this document, which includes all papers,
writings, drawings, plans or photographs to be used in connection
with this document, to "Richmond County Board of Commissioners"
shall be deemed to mean "Augusta-Richmond County Commission-
Council and all references to "Chairman" shall be deemed to mean
"Mayor" .
PPA-1
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MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County-
council to increase the involvement of qualified minority and
economically disadvantaged businesses in the contracted work
of County Government.
In an effort to support this intention, this
project is offered to all qualified firms. The bids will be
evaluated based on qualifications, price and construction
time. with all other items being considered equal, the
contract, if awarded will be awarded to a minority and
economically disadvantaged firm or a firm that has included
such firms as subcontractors on this project.
The bidders shall include with their bid a
statement of qualification for themselves and/or any
qualified subcontractors explaining why they should be
considered a minority or economically disadvantaged firm. If
the firm does not fall into this category, no information is
necessary.
ME-l
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SCOPE:
LOUISA ROAD
PAVING VARIOUS ROADS, PHASE III
project Number: 57-8708-096
SPECIAL CONDITIONS
This project includes the grading, draining, base, paving
and water line installation on Louisa Road in accordance
with the specifications and plans. The Contractor shall
supply all materials, equipment, labor, supplies and
supervision necessary to properly complete this project
as specified.
TERMINI AND LENGTH:
Louisa Road begins at Mims Road and extends in an
easterly direction 1.25 miles to US Highway 25.
PERMIT COORDINATION WITH GEORGIA D.O.T.:
A Georgia Department of Transportation Right of Way
Encroachment Permit has been approved for work on Georgia
Department of Transportation Right of Way involving
intersection construction for Louisa Road at US Highway
25. This permit is on file in the Department of
Transportation Area Engineer's office located at Route 2,
4260 Frontage Road, Augusta, Georgia 30909, Attention:
Byron Sullivan, Permit Inspector, (706-855-3466). The
Contractor shall contact Mr. Sullivan at least 24 hours
prior to beginning work at this site. The permit must be
kept at the construction site and available for
inspection at all times. A red permit information sign
must be displayed at the site and be visible from the
State Route involved.
HORIZONTAL ALIGNMENT:
No surveys have been made for this project. The
Contractor is to establish the centerline to conform to
the existing right-of-way. According to Richmond
County's records, the existing right of way is 50 feet
total unless shown in the contract documents to be
otherwise.
SP-1
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VERTICAL GRADES:
No design grades are provided. The intent of this
contract is to grade the existing road in accordance with
typical sections providing minimum or better cover over
drainage structures and restore ditches. Grades shall be
field adjusted to provide for positive drainage in all
cases and to provide uniform profile grades, including
proper superelevation. If needed, borrow shall be
provided by the Contractor for the necessary pipe cover
and smooth, uniform grades, free of dips and/or bumps.
All cost for this work shall be included in Lump Sum
Construction.
LUMP SUM CONSTRUCTION:
All work and materials without a specific pay item shall
be included in the price bid for Lump Sum Construction.
Lump Sum Construction includes, but is not limited to,
all grading, traffic control, clearing and grubbing,
removal and disposals, borrow if needed, remove and reset
fences, remove and reset ornamental shrubs, bushes and
sod, the obtaining, maintaining and restoration of any
required borrow and/or waste pits, and any other work
without a specific pay item.
INTERSECTIONS:
In addition to the permitted intersection, all other
intersections shall be paved to the right of way line and
tied in with a smooth, uniform grade with neat radius
returns.
Where practical, pipe shall be utilized in the draining
of the intersections unless this can be accomplished by
constructing swales. It appears that a storm drain pipe
may not be needed at the intersection of Louisa Road and
Highway 25. This will be determined by the Contractor.
Please note that the roadway paving width at the
permitted intersection shall be 24' at the right of way
line. These widths shall transition neatly and uniformly
to the proposed roadway widths as shown on the typical
section sheet TS-l.
PIPE:
All side drain pipe shall be BCCMP or better including
flared end sections. Minimum size for side drain shall
be 15".
All storm drain pipe shall be RCP including flared end
sections. Minimum size for storm drain shall be 18".
SP-2
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WATERLINE:
Note: In the event that a storm drain pipe is required
at the Louisa Road/Highway 25 intersection any required
Special Safety Flared End sections will be paid for as
ITEM 550-4218 or 550-4224.
A double line of 48" RCP storm drain pipe shall be
installed at the drainage point located at station 22+75j:
including inlet and outlet headwalls. (Georgia
Department of Transportation Standard 1125)
All pipe shall have a minimum of 12" cover between the
top of pipe and bottom of the sandclay base unless
approved otherwise by the Engineer.
Pipe flowlines must approximate the existing groundline,
flowline or ditch grade unless otherwise approved by the
Engineer. There will be no lowering pipe flowlines to
achieve cover unless approved in writing by the Engineer.
Approximately 2800 LF of 6" ductile iron waterline is
included in this contract. The waterline shall be
installed on the right side of Louisa Road to the line
and depth as noted on page WW-1.
Note: Inspection of the waterline construction and
associated incidentals will be by the Water Department.
The Contractor shall furnish as-built plans to the Water
Department. As-built plans must have the signature of
the Water Department Inspector on the over sheet before
the plans will be considered valid. All work on the
waterline and associated incidentals shall be coordinated
with the roadway construction Inspector.
PAVED DITCHES:
Concrete paved ditches shall be constructed at locations
designated in the contract and/or by the Engineer. Toe
walls or cut off walls shall be constructed at the
beginning and end of each paved ditch section for a depth
of 12" below the bottom of the ditch paving. Payment
shall be included in the price per square yard of
concrete ditch paving. (See page CPD-2)
At locations designated by the Engineer, ditches, both
paved and unpaved, shall be "turned out" to reduce the
water being carried by ditches. Rip rap shall be placed
as directed by the Engineer when "turn outs" are
constructed.
SP-3
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DRIVEWAYS:
EASEMENTS:
Note: At the downstream end of concrete paved ditches
the Contractor shall take precautions to make certain the
paved ditch is not too high. In no case will the
concrete paved ditches be paved for a depth exceeding 12"
unless so instructed by the Engineer. Minimum depth of
paved ditches shall be 6".
Existing driveways and driveway pipes (side drains) shall
be left in place as directed by the Engineer. Existing
paved driveways that are disturbed and/or damaged as a
result of the construction shall be replaced in kind.
Note: Driveways cut and/or damaged as a result of the
proposed waterline construction shall be replaced or
restored in kind. Costs shall be included in the price
bid for 6" Ductile Iron Watermain. per Linear Feet.
In the event that easements are required for drainage
outfall, etc., these will be acquired by Augusta-Richmond
County as the need becomes evident.
SP-4
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SECTION A
AGREEMENT
THIS AGREEMENT, made on the ___ day of
19___ by and
between
Auqusta-Richmond County Commission-Council
party of the first part, hereinafter called the OWNER, and
Blair Construction. Incorporated
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the
considerations hereinafter named, agree as follows:
ARTICLE I - SCOPE OF THE WORK
The Contractor hereby agrees to furnish all of the
materials and all of the equipment and labor necessary, and to
perform all of the work shown on the plans and described in the
specifications for the project entitled:
Paving Various Road, Phase IV (Louisa Road)
Project Number: 57-8708-096
and in accordance with the requirements and provisions of the
Contract Documents as defined in the General and Special
Conditions hereto attached, which are hereby made a part of
this agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work to be performed under this Contract shall be
commenced within ~ calendar days after the date of written
notice by the Owner to the Contractor to proceed. All work
shall be completed within 150 calendar days with such
extensions of time as are provided for in the General
Conditions.
It is hereby understood and mutually agreed, by and
between the Contractor and the Owner, that the date of
beginning, rate of progress and the time for completion of the
work to be done hereunder are ESSENTIAL CONDITIONS of this
contract. Contractor agrees that said work shall be prosecuted
regularly, diligently, and uninterruptedly at such rate of
progress as will ensure full completion thereof wi thin the time
specified. It is expressly understood and agreed by and
between the Contractor and the Owner, that the time for
completion of the work described herein is a reasonable time
for completion of the same, taking into consideration the
average climatic range and construction conditions prevailing
in this locality.
A-1
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IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO
COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the
Contractor does hereby agree, as a part of the consideration
for the awarding of this contract, to pay the Owner the sum of
Five Hundred Dollars ($500), not as a penalty, but as
liquidated damages for such breach of contract as hereinafter
set forth, for each and every calendar day that the Contractor
shall be in default after the time stipulated in the Contract
for completing the work.
The said amount is fixed and agreed upon by and
between the Contractor and the Owner because of the
impracticability and extreme difficulty of fixing and
ascertaining the actual damages the Owner would, in such event,
sustain, and said amounts shall be retained from time to time
by the Owner from current periodical estimates.
It is further agreed that time is of the essence of
each and every portion of this Contract and the specifications
wherein a definite portion and certain length of time is fixed
for the additional time is allowed for the completion of an
work, the new time limit fixed by extension shall be the
essence of this contract.
ARTICLE III - PAYMENT
(a) The Contract Sum
The Owner shall pay to the Contractor for the
performance of the Contract the amount as stated in the
Proposal and Schedule of Items. No variations shall be made in
the amount except as set forth in the specifications attached
hereto.
(b) Proqress Pavrnent
On no later than the fifth day every month, the
Contractor shall submit to the Owner's Engineer an estimate
covering the percentage of the total amount of the Contract
which has been completed from the start of the job up to and
including the last working day of the proceeding month,
together with such supporting evidence as may be required by
the Owner and/or the Engineer. This estimate shall include
only the quantities in place and at the unit prices as set
forth in the Bid Schedule.
On the vendor run following approval of the invoice
for payment, the Owner shall after deducting previous payments
made, pay to the Contractor 90% of the amount of the estimate
on units accepted in place. The 10% retained percentage may be
held by the Owner until the final completion and acceptance of
-all work under the Contract.
A-2
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ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(a) Upon receipt of written notice that the work is
ready for final inspection acceptance, the Engineer shall
within 10 days make such inspection, and when he finds the work
acceptable under the Contract and the Contract fully performed,
he will promptly issue a final certificate, over his own
signature, stating that the work required by this Contract has
been completed and is accepted by him under the terms and
conditions thereof, and the entire balance found to be due the
Contractor, including the retained percentage, shall be paid to
the Contractor by the owner within 15 days after the date of
said final certificate.
(b) Before final payment is due, the Contractor
shall 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 specif ications, or from manufacturer's
guarantees. It shall also constitute a waiver of all claims by
the Contractor except those previously made and still
unsettled.
(d) If after the work has been substantially
completed, full completion thereof is materially delayed
through no fault of the Contractor, and the Engineer, so
certifies, the Owner shall upon certification of the Engineer,
and without. terminating the Contract, make payment of the
balance due for that portion of the work fully completed and
accepted.
Each payment shall be made under the terms and
conditions governing final payment, except that it shall not
constitute a waiver of claims.
A-3
American Casualty Company
of Reading, Pennsylvania
~NA
For All the Commitments You Make"
OffIcnlChk:lgo. Ill1no11
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men by these Presents. That AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA. a corporation duly organized and
existing under the laws of the Commonwealth of Pennsylvania, and having its principal office in the City of Chicago, and
State of Illinois, does hereby make. constitute and appoint .lilmp5D Thaxton, Theodore J Marek.
Rnhprt A .1nhnc:nn. RIl/"'k I pigh, Tncliviclll~l1y
of Inno. South Carolina
its true and lawful Attorney.in.Fact with full power and authority hereby conferred to sign, seal and execute in its behalf bonds, undertakings and
other obligatory instruments of similar nature
- Tn Ilnlimited Amolfr:lts -
and to bind AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA thereby as fully and to the same extent as if such instruments were
signed by the duly authorized officers of AMERICAN CASUALTY COMPANY OF READING. PENNSYLVANIA and all the acts of said Attorney,
pursuant to the authority hereby given are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the fOllowing By.Law duly adopted by the Board of Directors of
the Company:
"Article VI- Execution of Obllaations and Appointment of Attorney-In-Fact
Section 2. Appointment of Attorney.in-fact. The President or Vice President may. from time to time, appoint by written certificates attorneys-
in.fact to act in behalf of the Company in the execution of policies of insurance, bonds, undertakings and other obligatory instruments of like
nature. Such attorneys-in-fact, subject to the limitations set forth in their respective certificates of authority, shall have full power to bind the
Company by their signature and execution of any such instruments and to attach the seal of the Company thereto. The President or any Vice
President or the Board of Directors may at any time revoke all power and authority previously given to any attorney-in.fact."
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board 01
Directors of the Company at a meeting duly called and held on the 11th day of November, 1966:
"Resolved. that the signature of the President or a Vice President and the seal of the Company may be affixed by facsimile on any power
of attorney granted pursuant to Section 2 of Article VI of the By-Laws. and the signature of the Secretary or an Assistant Secretary and the
seal of the Company may be affixed by fascimile to any certificate of any such power. and any power or certificate bearing such facsimile
signatures and seal shall be valid and binding on the Company. Any such power so executed and sealed and certified by certificate so executed
and sealed shall, with respect to any bond or undertaking to which it is attached, continue to be valid and binding on the Company."
In Witness Whereof. AMERICAN CASUALTY COMPANY ~7rfiADING, PENNSYLVANIA has caused these presents to be signed by its Vice
President and its corporate seal to be hereto affixed this day of Mil Y , 19~.
;e'a~
it ,~'WAI'D ;II
\.\ M' II !
."'" 1101 '"
~ {cl.
.
State of Illinois l 5S
County of Cook I
AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA
~~ I Vice President.
On this ?7th day of MaJ . 19---9..1.. before me personally came
J. E. Purtell. to me known, who. being by me duly sworn. did depo and say: that he reSides In the Village of Glenvlew, State of illinOIS; that he IS
a Vice-President 01 AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, the corporation described in the which executed the above
instrument; that he knows the seal of said Corporation; that the seal affixed to the said instrument is such corporate seal: that it was so affixed
pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation.
Linda C. Dempse
CERTIFICATE My Conunission Expires 0 ob r 19, 1994
I. Robert E. Ayo, Assistant Secretary of AMERICAN ~ASUAL TY ~OMPANY 9F READING. PENNSYLVANIA, do certify that ower of Attorney
herein above set forth is still in force. and further certify that Section 2 of Article VI of the By-Laws of the Company and the Resolution of the Board
of Directors. set forth in said Power of Attorney are still in force. In testimony whereof I have hereunto subSCribed my name and affixed the seal of
the said Company this day of . 19_ .
.I
sistant Secretary,
INV. NO. G-57442-B
8-23142-0
,( ,
..
THE AMERICAN INSTITUTE OF ARCHITECTS
.
158 245 419
'.
AlA Document A311
Performance Bond
. KNOW All MEN BY THESE PRESENTS: that Blair Construction, Inc.
IHtre ,n",1 full n.me .nd .dd'eu 0' le..1 lille 01 Con'r.Clo,1
PO Box 770, Evans, Georgia 30809
as P,incipal, herelnaftp., called Cont,actor, and, American Casual ty Company of Reading,
IHe,. ''''.'1 full n._ .nd .cfd'UI 0' le..1 "lle 01 Surelyl
Pennsylvania, CNA Plaza, Chicago, Ill. 60685
~s Su,ety, hereinafte, called Surety, are held and firmly bound unto Augusta-Richmond County
(Here ,nle,1 lull n..... .nd .dd,ell 01 lel" lille 01 O_e'l
Commission-Council, 530 Greene St./Municipal Building,. Augusta, GA 30911
as Obligee, hereinafte, called Owner, in the amount of Two Hundred Seventy-Five Thousand
Seven Hundred Sixty-Nine and NO/100s-----------oollars ($ 275,769.00 ),
for the payment whereof Cont,actor and Surety bind themselves, their heirs, executors, administrato,s,
successors and assigns, jointly and severally, firmly by these presents.
WHEREAS,
Cont'.ctor has by written agreement dated
(Htr. In,.n lull n.m., adclttu .nd delc"plion of p,oj.cU
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, entered into a contract with Owner for
Paving Various Roads, Phase IV(Louisa Road), Project Number 57-8708-096
in accordanc:e with D,awings and Specifications prepared by
IHfI. 'n,," lull n.me .nd .dd,.1I 0' 1...1 I'lle 01 A,ch,It<1I
ade a part hereof, and is hereinafter referred to as the Contract..
Georgia resident agent
4'4 DOCUMENT 4311 . PERfORMANCE BOND AND lABOR ANO "\^FRIAl p^YMrNT B()~() . AlA ~
rEBRUARY ,~-o ED.. THE AMfRICAN INSTITUTE Of AR(HIH(T\ '-I~ ~ Y ^VI . NW. W^"HI~C1()N. 0 ( 20006
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PERFORMANCE BOND
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NOW, 'fHEREFORE, THE CONDITION OF THIS OBLIGATION is such that. if Conlraclor sh~11 nromplly and f~'lhfully perform
said Contrael. Ihen Ihis obllg~lion shJII be null and vOid. alherwllr " IhJl1 ,('mJln ,n lull ((I" (' ~nd (,fir, I
Blair Construction,
/l~~~7J1->r .
fW;lnl'~<) J.JJ.I QP~
The Surety hereby waives notice of any alteralion or
extension of lime made by the Owner.
Whenever Cont"ctor shall be, and declared by Owner
to be in default under the Contract. the Owner .havlOg
performed Owner's obligations thereunder. the Surely
may promptly remedy the default. or shall promplly
1l Complete the Contract in accordance with Its terms
and conditions, or
21 Obtain a bid or bids for completing the Conlracl In
accordance with Its terms and condilions, and upon de.
termination by Surety of the lowest responsible bidder.
or, if the Owner elects, upon delerminallon by Ihe
Owner and the Surely jointly of the lowesl responsible
bidder, amnge for a contracl between such bidder and
Owner, and make available as Work progresses (even
though there should be a default or a successian af
Signed and scaled this
day of
~a~~/~~(,~~)
defaults under the conlrdcl or cnnlrach of (Omr1ellon
arranged undr, th'l "J'J~I.I"hl ,ulf'l 'rnl (unel, III pJI' Iht'
cost of completion le~s I ~w h,llJnt e of the c on I r at I prl(e.
but nOI exceedlnR, Incluclln~ lI,hr' (0\1\ ,Inn tlJm,,~r'
(or ",h,(h Ihf' )U,('1Y mJ' fll' 1",1)'" hell'unck, ,hI' ,lmoun,
lei 101lh In ,he ("I' Jl,J'~~IJoh 1"'1('1)1 Ih(, ".'rrI .f'dlancv
01 the (onllHI pll(e a' UIl'd In Ih" pJ'"graph. ~h~11
mean Ihe IUlal amounl [lJy.hle by Own",.I". (onl'dllO,
under Ihe ConlraCI Jnd Jny .Iml'ndm('"'' Ih("I'IO. IE'I'
lhe amount properly Pd.d by Own!'1 10 (O!"'.JClor
Any SUII under Ih,~ bond mUll be .n""UIt'd ht'forf'
the expuallon of two III ved" I.om Ihr ddll' on which
final paymenl under the (onlrac I 1.111, due
NO "Rhl of aClllln ,h,lll ~r< 'UI' on Ih" h,'nd
Ihe ule of an)' per\lln Cll (()ID'"aIIOl\ nth"l
Own('r named he,eln III Ihe 11('", !,x('(uIOf\
IrJlo(~ or successors of Ihe OwnE'1
10 0' (0'
I hall thr
.Jdmlnll
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Inc.
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-).....,1.
'/'11/1 ( '1',11'
~ .wLk~
, I,ll,"
American Casualty Company of
Readingr Pennsylvania
,\r.lll
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&~ ~" .
.Buck Leigh. ,)1//",
Atto~ney-ip.-fact
AlA DOCUMENT "311 . P[RfORMANC[ BOND AND lAB()R AND MAHRIAI PAYMENT B()Nn . AlA ~
nIlI(UARY1~7(1 (1).,TH(AM[I(ICANINSTITUTl ()fAR(HII((l'. 1J1',NY ^VI.NW W^SHIN(.I(I"i lJ l ,r:Jf,jI,
')
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THE AMERICAN:INSTITUTE" OF ARCHITECTS
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AlA Document A311
Labor and Material Payment Bond
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FUll AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL MEN BY THESE PRESENTS: that Blair Construction, Inc.
IHere 'Me" lull name ancJ leJdr," 01 lela' ',lie 01 Conl/lClor)
PO Box_770, Evans, Georgia 30809
as Principal, hereinafter called Principal, and, American Casual ty Company of Reading,
fH.1t in"" (ull name and add,.1I 01 I.sal lill. o( SUltlYI
Pennsylvania, CNA Plaza, Chicago, Ill. 60685
,
As Surety, hereinafter called Surety, are held and firmly bound unto Augusta-Richmond County
IHer. iMe" lull name and add/ell 01 l'lal \,11. or Owner)
Commission-Council, 530 Greene St./Municipal Building,. Augusta, GA 30911
as Obligee, hereinafter called Owner, for the use and benefit of claimants (IS hereinbelow
Two Hundred Seventy-Five Thousand
Seven Hundred Sixty-Nine and No/100s
(Here Inlell I lum equal 10 "' leul one.hall 01 Ihe conI/HI p,ic.) Dollars
for the payment whereof Principal and Surety bind themselves. their heirs.
successors and assigns, jointly and severally, firmly by these presents.
defined. in the
amount of
($ 275, 769 . 00 ),
executors, administrators,
WHEREAS,
P,incipal has by written agreement dated
tHele Inlfl' full name, addlell and delCrlPlion 01 Ploj.ct)
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. entered into a contract with Owner for
Paving Various Roads, Phase IV(Louisa Road), Project Number 57-8708-096
in accordance with Drawings and Specifications prepared by
IHere 'nle" full nam. and Idd,.1I or 1,&11 li\l. 01 AlchileCl)
which cont,act is by ,eference made a part hereof, and is hereinafter referred to as the Contract.
AlA DOCUMENT A311 . PERFORMANCE BOND AND LABOR AND MATERiAl PAYMENT BOND . A!A @
FEBRUARY 1970 ED.., THE AMERICAN INSTITUTE OF ARCHITECTS. 17)5 NY AVE.. N W.. WASHINGTON. D. C. 20006
3
WARNING: UnllcenHCl photocopying vlolalea U.S. copyrlghllawa and IlIlIublecllO legal proMcutlon.
~
LABOR AND MATERIAL PAYMENT L30t\1)
..
NOW, T1HB((OI:C, TH[ C()NOlTl{')N OF THIS 081,ICATlON I~ suc:h Ihal, j( P,incipJI shJl1 promprly mJke flJymenl 10 all
cl~lmdnl\ H heleinJ(ter defined, for alllJbor Jnd m,lll'li,d u~ed Or rCJ\onably required (or u~~ In Ihe perlotmance of Ihe
Conllau, tllen Ihis obliS~lion shdll be void; otherwise il shall remain in lull (orce and effect, lubJect, hOWCvCl, 10 the (01.
lowinlt condi lions:
Blair Construction,
e;..~ J(;t;;::};;:~~I.// 1 .
. IWilnl',I,I) ,
. ~'~~A~
" ^ c1~imJnl is derined as one having a direct con.
IrHt with Ihe Principal or wilh a SubCOnlrJClor of the
Pr,ncipal 101 l,lL>or, mJlerial, or both, u.scd or re~son,lbly
required for IHe in lhe pedormJnce o( lhe 'ConlrJCI,
Idbol and mall'(fJI bein~ conlllued 10 include IhJI pari o(
wJlel, SJ!. ('lower, lighl, hC~I, oil, Rasoline, lelerhone
service (,)1 .enlal of equif'lmenl directly Jpplic.1ble 10 lhe
COnlrolC\.
2. The .1bove named Principal and Surety hereby
JOlnlly JMj se\'erollly Jgree wilh lhe Owncr IhJI eVl:ry
cl~jmanl H herein defined, who has nOI been paid in
full belol(~ Ihe expirJIIOn 01 J period 01 ninely (9())
('bys ~ftl'l Ihe UJle on which Ihe IJsr 01 \lIch cl,1im,ll1r'~
wor~ or labor WJ~ done or pt'rlormed, or m~IE',iJls wrrr
furnished by such claim~nl, moly sue on lhis bond (or
the use o( such cIJim.,nl, prosecule Ihe sui I to finJI
juds.menl lor such )um or \\Ims OlS mJY be Juslly due
cl.limJnl, .1nd h.we ex('culion lhert'on, The Owner sli.1ll
nOI be li~ble lor the payment of any COslS Or eXi1cllsrs
01 tlny ~uch SUI!.
3. . No ~uil or olClion ShOll! be commenced hereundl'r
by ~ny cl~lmJnl:
~l UnleH cl.llmanl, other IhJn one hJving ol direCl
conlr~CI Wllh Ihe Principal, sholll holve given writtell
nOlice 10 Jlly Iwo 01 the lollowlng: the I'lincip~I, I""
Owntt, or the SUlely Jbove nolmed, within ninety (9())
d.:lys Jller lurh cl.1imJnl did or performed the lall of
the work or I~hor, or furnished Ihe lasl o( lhe materiJII
for which IJid claim is mJde, slaling with substJnli.11
Signed ;lnd sCilled this
dilyof
~.
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p~
LJZ I~
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accuracy Ihe JmOunl claimed Jnd lhe nolme of rhe parly
to whom Ihe maleriJls wrr(' lurnished, Of (or whorr
Ihe work or Idbor WJS donl' or (lerlormed Such nOllCe
shall be lel\'ed by mad,n!) ,hl' \,lme by 'l't:llleled mJoI
O. cerlified mail; pOII.lgt' Plc'f).lld. in In l'nvclope JO.
drts~ed 10 Ihe PrinClp.ll, Ownl'r 01 Surely. JI Jny plJCC
where In office is rel;ularly mJlnl.1lncd fOl Ihe IIJn\.
action of business, or servl'd In Jny mannl'l In which
legal process may be served in the SI~le In which the
aforesaid projecl is looled, SJve lh.lt suc" lervice need
nOI be mJde by ol public off'CI'r
bl ^Ilcr Ihe expir.1tlon of OIlC' (1) yeJ' "d'(,)wlng Ine
d.1le on which PrinClfl.11 Cl',lll'rI Work on I,..d ConlrHl,
II ut'lnt: undt'rSlood, hOWCVl'f '''Jt 11 In\, 1'"l1latlon ('m.
budied in Ihis bond 1\ i1rohlb"cd by Jny I.,w conlrolllng
the COnslruClion hereof 11IC/' I,m"allon ~h:dl Ile rleemed
10 be .1menued sO .11 10 be 1:11 1I ,1 I to Ihe "''''''''Clm rellod
01 limll.1I10n permiller! by IUl h I,\w
c) 0 t h c f I h .1 n in a s I .1 I e C () 1111 () r c om pel L'IlI I Uti S d I C II o'~
In Jnd lor the counly or Ol"er politiol subd,vIIlon 01
the slate in which the P,olecl, or Jny p.Jrl the reo I, IS
siluated, or in Ihe United SI.1IC\ Di\triCl Court rOI the
diltlict in which tht' PrOICCl, or Jny pJr! Ihcrcof, 1\ SII-
uJted, Jnd nOt elsewhere.
4. The .1mounl of Ihl\ hronu IhJl1 bl: Ic.cjucl'd by Jnel
10 I h l' l" I (' n tor .1 n y Poly m (' '" "t ('l J Y me" I', .., ,IC Ie, r, goo c;
(Jllh he (('under, inclu~lve 01 .he pJymetl' 1)'( Sur"I; 01
mechJnlCS' liens which m.1y bc filed of I('cold JgJ1nll
SJid improvement, whether or nOI clJim (or lhe amOunt
o( such lien be presented under and agJlnll Ihls bond
19
Inc.
({'rine'(lJ"
l\r 411
".
v<'.~~
ITil/!')
'-
;:: {----;
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American Casualty Company of
Readingl Pennsylvania
tSU/l'ly)
IS,',I)
At~o~ney-in-fact
"
AlA DOCUMfNT A)l1 l'r~(ORM^NCf DONI) ^Nf) l^,I()~ ^NI) ;,I^T(KIM "^YM(NT RC)NO ' ^',' 0
IIUllUMIYl'I1l1 ll) .THI^M(RIC^NINSTITUTC()rM(U1ITICl~.1)IINY ^Y(..,NW.W^>rtlNI.I()U.IJ ( I';!.!,
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IN WITNESS WHEREOF, the parties hereto have executed
this Agreement in three (3) counterparts, each of which shall
be deemed an original, in the year and day first mentioned
above.
SEAL
SEAL
Attest
~r~ --!J+
C~~~-
Witness
AUGUSTA-RICHMOND COUNTY
COMMISSION-COUNCIL
(Owner
Richmond County Commission-Council
CONTRACTOR: "'BI-A)2-t'JW~IDA1)::oJC.
By: Ul~flfl~ ((. yVfA.A~d~
Tit 1 e : "P2..E:.S\"t") E:UI"
Address: P.D. ~'t '7?D
!;jJAAi5, l1A, ~DJZ./:A
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number Tiile
,
DEFINITIONS. ........... . .. ....... ...... ........ _.... . . ... ........
PRELIMINARY MATIERS .... ....................................
CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE...............................
AVAILABILITY OF LANDS: PHYSICAL CO:-lDITIONS:
REFERENCE POINTS........... ......... ..... .....................
BONDS AND INSURANCE..... ...... ..................... ........
CONTRACTOR'S RESPONSIBILITIES............................
OTHER WORK .....................................................
OWNER'S RESPONSiBILITIES....................................
ENGINEER.S STATUS DURI:"-lG CONSTRUCTION ..............
CHA:-JG ES l:-l THE WORK. . . . . . . .. . .. . .. ... . . . .. ... . . . .. . .. .. .. . . .
CHA.:"-lGE OF CONTRACT PRiCE................ _.................
CHANGE.OF CONTRACT TIME....... ..... _......................
WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK... .... .... ... . . . . . ........
PA YMENTS TO CONTRACTOR AND COMPLETION ............
SUSPENSION OF WORK AND TERMINATION ....... ..........
ARB ITRA nON ................. _ . . . . . . .. . . . . . .. . . . . . . . . . . . . . . . . ... . .
~tISCELL.-\:---J EOUS . .. ........ .... . ......... ......... .. . . .. ..... ....
3
4
5
6
7
8
9
10
II
11
13
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15
16
17
3
PaRe
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9
10
II
14
18
19
19
11
11
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14
26
29
31
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INDEX TO GENERAL CONDITIONS
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Article or Paragraph
Number
Acceptance of Insurance ............................. 5.13
Access 10 the Work ........................... . . . . . .. 13.2
Addenda-<lefinition of (see definition of
Specifications I ........................................ 1
Agreemenl-<lefinition of ........:....................... I
All Risk Insur:lnce .............. . . . .. . . .. . . .. .. ... .. . .. 5.6
Amendment. Written ............................. I. 3.1.1
Application for Payment-<lefinition of .................. I
Application for Payment. Final ...................... 14.12
Application for ?regress Payment .................... 14.2
Application for Progress Payment-revlew of .... 14.4-14.7
Arbitration ............................................. 16
Authonzed V matlon in W orle ......................... 9.5
A'Iailability of Lands .................................. 4.1
A ward. ~otice of-<!etined .............................. 1
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Before Starting Construction ...................... :.5-2.7
Bid-1efinition of ....................................... 1
Bonds and lnsurance-in general ........................ 5
Bonds-<lefinition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 1
Bonds. Delivery of ...................... _ . . .. . . _. :.1. 5.1
Bonds. Performance and Other .................... 5.1-5.:
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Cash Allowances ..................................... 11.8
Change Order-1efinition of ............................. I
Change Orders--to be executed ...................... 10.4
Changes in the Work ................................... 10
Claims. Waiver of~n Final Payment............... 14.16
Clarificalions and Interpretations ...................... 9.4
Cleaning ......................................... . . .. 6. 17
Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 14
Compieuon.Substantlai ......................... 14.8-14.9
Conference. Pre::onstructlon .......................... :.8
Contlic:. E:Tor. Dlscre;lancy-COntractor
[0 Report ...................................... :.':.. J.J
Construction Machinery. Equipment. etc. ............. 6.~
ContinUing Wor\; ..................................... 6.19
Contract Documents-amending and
supplementing ................................... 3.4-3.5
Contracl Documents-<lefinilion of ....................... 1
Contrac: Documents-Inlenl ...................... 3.1-3.3
Contract Documents-Reuse of ....................... 3.6
Contract Price. Change of .............................. 11
ContraCl Price~efinition ............................... 1
Contraer Time. Change oi .............................. I:
Contract Time. Commencement of .................... :.3
Contract Time~efinjtion of ............................ I
Contractor-<lerinition oi ................................ I
Contractor May SLOP Worle or Terminate............. 15.5
Contractor's Continuing Obligation.................. 14.15
Contr:lctor's Duty to Report Discrepancy
in Documents .................................. :.5. 3.:
Cuntr:lctor's Fc:c:-Cost Plus ... 11.4.5.6. 11.5.1. 11.6-11. ~
Contractor's Liability Insurance ....................... 5.3
Contractor's Responsibilities-in general ................ 6
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Contractor's Wammty of Title ........................ 14.3
Contractors-other ...................................... 7
Contractual Liability [nsunulce ........................ 5.4
Coordinating Contractor-<lefinition of ................ 7.4
Coordination .......................................... 7.4
Copies of Documents. . . . . .... . . . . . . . . . .. .. .. . . . . . . . . . .. :!.1
Correction or Removal of Defective Worle ........... 13.11
Correction Period. One Year ........................ 13.12
Correction. Removal or Acceptance of Defective
Worle-in general ........................... 13.11-13.14
Cost-net decrease ................................. 11.6.2
Cost of W orle .................................... II. 4-11.5
Costs. Supplemental. . . . . . . .. . . . . . . .. . . _.. .. . . . . . . .. 11.4.5
Day-<lefinition of ....................................... I
Deft'crivt-<iefinition of ................................. 1
Dt'fecrive Work. Acceptance of ......................13.13
Deft'crive Work. Correction or Removal of .......... 13.11 '
Deft'crive Work-in general ............... 13.14.7.14.11
Dt'ft'crive Worle. Rejecting............................. 9.6
Definitions .............................................. 1
Delivery of Bonds ................................. _'" 2.1
Determination for Unit Prices ........................ 9.10
Disputes. Decisions by Engineer... .............. 9.11-9.12
Documents. Copies of ................................. :.2
Doc;uments. Record .................................. 6.19
Documents. Reuse .................................... 3.6
Drawings-<lefinition of ................................. 1
Easements ............................................ 4.1
Effective date of Agreement-<leiinition of . . . . . . . . . . . . . ., 1
Emergencies ......................................... 6.:2
Engineer-definition of .................................. 1
Engineer's Decisions............................ 9.10-9.1:2
Engineer's-Notice Work is Acceptable............. 14.13
Engineer's Recommendation of Payment ...... 14.4. 14.13
Engineer's Responsibilities. Limitations
on ................. 6.6,9.11,9.13 -9.16,18.2
Engineer's Status During ConstrUction-in general ...... 9
Equipment. Labor. Materials and.................. 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
Explorations oi physical conditions............... ..... 4.2
Fee. Contracto(s-CoStS Plus. .......... ............. 11.6
Field Order-definition oi ............................... 1
Field Order-issued by Engineer ................ 3.5.1.9.5
Final Application for Payment....................... 14.12
Final Inspection ..................................... 14.11
Final Payment and Acceptance ...................... 14.13
Final Payment. Recommendation of ........... 14.13-14.14
General Provisions .............................. 17.3- ti.4
General RcquiremenlS---definilion of. . .......... . . .... . .. 1
General Requlrements--pnncipal
references to ................. :.6. 4.4. 6.4. 6.6-6.7. 6.:3
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I Giving Notice ........................................ 17.1
Guarantee of Work-by Contractor................... 13.1
Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.30-6.32. 7.5
I Inspection. Final .................................... 14.11
Inspection. Tests and ........... ~..................... 13.3
Insurance. Bonds and-in general ....................... 5
I Insurance. Certificates of ........................... 2.7.5
Insurance--<:ompleted operations...................... 5.3
Insurance. Contractor's Liability ...................... 5.3
Insurance. Contractual Liability ....................... 5.4
I Insurance. Owner's Liability .......................... 5.5
Insurance. Property.............................. 5.6-5,13
Insurance-Waiver of Rights ......................... 5.11
Intent of Contract Documents .......".......... 3.3.9.14
I Interpretations and Clarifications ..."................. 9.4
Investigations of physical conditions .'"............... 4.1
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Labor. Materials and Equipment ....,............. 6.3-6.5
Laws and Regulations-definition of ,.................... I
Laws and Regulations-general . . . . . . . . . . . . . . . . . . . . . .. 6.14
Liability Insurance-Contractor's ..,.................. 5.3
Liability Insurance--Owner's ,........................ 5.5
Liens-definitions of ,............................... 14.1
Limitations on Engineer's
Responsibilities..".,..... .......... 6.6.9.11.9.13-9.16
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Materials and equipmem-fumished by Contractor ,... 6.3
Materials and equipment-not
incorporated in Work .............................. 14.2
Materials or equipment-equivalent ................... 6.7
Miscellaneous Provisions ............................... 17
Multi-prime contracts .................. . . .. . . . .. . . .. . . .. i
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Notice. Giving of........ ............. .... ............ 17.1
Notice of Acceptability of Project ,.................. 14.13
Notice of Award-definition of .......................... I
Notice to Proceed-detlnition of ......................... 1
Notice to Proceed-giving of ..,.,..,.................. :.3
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"Or-Equal" Items, . .. . . . .. .. .. .... .. , ....... .. " .. . ,.. 6. i
Other contractors ....................................... i
Other work .... , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 7
Overtime Work-prohibition of . .. .. .. .......... .. .. ... 6.3
Owner-detlnition of .................................... 1
Owner May Correct Defecriv~ Work................. 13.14
Owner May Stop Work .............................. 13,10
Owner May Suspend Work. Terminate ..,....... 15.1-15A
Owner. s Duty to Execute Change Orders .......".... 11.3
Owner.s Liability Insurance........................... 5.5
Owner's Representative-Engineer to serve as .....,., 9.1
Owne( s Responsibilities-in general ...........,......,. 3
Owner's Separate Representative at site............... 9.3
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Partial Utilization .,................................ 14.10
Partial Utiliz:uion-iennition of ...........,.....,....,.. I
Partial Utilization-Property Insurance..,........,... 5,15
P:uent Fees and Royalties ............................ 6. I:
Payments. Recommendation of .....,..... 14.4-1~. i. I~. I3
P:lyments to C)Otr:lctor-in gener:ll ....,.............,. \~
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Payments to Contractor-when due ........... 14.4. 14.13
Payments to Contractor-withholding ................ 14.7
Performance and other Bonds ..................... 5.1-5.2
Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.13
Physical Conditions ................................... 4.2
Physical Conditions-Engineer's review ............. 4.2.4
Physical Conditions-cxisting structures.. . . . .. . . .. .. 4.2.2
Physical Conditions-cxplorations and reportS. .. . . .. 4.2.1
Physical Conditions-possible document change ..... 4.2.~
Physical Conditions-price and time adjustments .... 4.1.5
Physical Conditions-report of differing ............. 4.1.3
Physical Conditions-U nderground Facilities .......... 4.3
Preconstruction Conference ........................... 2.8
Preliminary Matters ..................................... 2
Premises. Use of ................................ 6.16-6.18
Price. Change of Contract .............................. II
Price-Contract-definition of ............................ I
Progress Payment. Applications for. . . . . . . . . . . . . . . . . .. 14.2
- Progress Payment-retainage ......................... 14.1
Progress schedule ............... 2.6.1.9.6.6.6.29. 15.2.6
Project~etlnition of .................................... I
Project Representatio~provision for ................. 9.3
Project Representative. Resident-detlnition of .......... I
Project. Starting the ................................... 2.4
Property Insurance............................... 5.6-5.13
Property Insurance-Partial Utilization ............... 5.15
Property Insurance-Receipt and Application
of Proceeds ................................... 5.12-5.13
Protection. Safety and ........................... 6.20-6.21
Punch list ........................................... 14.11
Recommendation of Payment..... ............. 14.4. 14.13
Record Documents ................................... 6.19
Reference Points .................................... -. 4.4
Regulations. Laws and ............................... 6.14
Rejecting Defective Work ............................. 9.6
Related Work at Site .............................. 7.1-7,3
Remedies Not Exclusive ............................. 17.4
Removal or Correction of Defectiv~ Work ........... 13.11
Resident Project Representative~efinition of . . . . . . . . . .. 1
Resident Project Representative-provision for.. .... .. 9.3
ResponSibilities. Contractor's-in general ............... 6
Responsibilities. Engineer's-in general ................. 9
Responsibilities. Owner's-in general.....,.............. 8
Retainage ............................................ 14.2
Reuse of Documents .................................. 3.5
Rights of Way ""................,...,................ ~,I
Royalties. Patent Fees and ........................... 6.11
Safety and Protection....... 6.20-6.21, 18.1-18.2
Samples ......"........................,.....,.. 6.23-6.28
Schedule of progress ........ 2.6.2.8-2.9.6,6.6.29. 15.1.6
Schedule of Shop Drawing
submissions. .... ................. :.6. 1.8-2.9.6.23. 14,1
Schedule of values ...................... 2.6.2.8-2.9. 14.\
Schedules. Finalizing. ...... .. .... .. .. .... .. .. ...... ... 2.9
Shop Drawings and Samples ............, , . . . . . ., 6.23-6.28
Shop Drawings-dennition of . . .. . .. .. . .. . .. .. .. .. .. .. . .. I
Shop Drawings. use to approve
substitutions .................................,.... 6.7.3
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Site. Visits to-by Engineer ........................... 9.2
I Specifications-<iefinition of ............................. 1
'Starting Construction. Before ...................... 2.5-2.8
Starting the Project .............. ~ . . . . . . . . .. . . .. . . .. ... 2.4
Stopping Work-by ContraCtor....................... 15.5
I Stopping Work-by Owner.......................... 13.10
SubcoDtractor~efinition of .......... . . . . . . .. .. .. . .. . ... 1
Subcontractors-in general ....................... 6.8.{j.l1
SubcontraCts-required provisions ............5.11.1. 6.11
I 11.4.3
Substantial Completion-certification of .............. 14.8
Substantial Completion-definition of .. . . . . . . . . . . . . . . . . .. I
I Substitute or "Or-Equal" Items ........................ 6.7
Subsurface Conditions. . . . . . . . . . . .. . . . . .. .. . . . . .. ., 4.2-4.3
Supplemental costs ................................. 11.4.5
SupplementarY Conditions-<iefinition of ................ 1
I SupplementarY Conditions-principal
references to .. 2.2.4.2.5.1.5.3.5.6-5.8.6.3.6.13.6.23.
7.4. 9.3
Supplementing Contract Documents ............... 3.4-3.5
I Supplier~eftnition of . . . . . . . .. . . . . . . . . .. . . . .. . . . . . . . . . .. I
Supplier-principal references to ... 3.6.6.5.6.7-6.9.6.20.
6.24.9.13.9.16.11.8.13.4.14.12
I Surety--consent to payment.................. 14.12. 14.14
Surety-Engineer has no duty to ..................... 9.13
Surety-notice to .......................... 10.1. 10.5. 15.2
Surety-qualification of ........................... 5.1-5.2
I Suspending Work.. by Owner ......................... 15.1
Suspension of Work and Termination-in general....... 15
Superintendent-Contractor's ......................... 6.2
Supervision and Superintendence.................. 6.1.{j.2
I
Taxes-Payment by ContraCtor... .. .. .. .. .. .. .. . .. ... 6.15
Termination-by Contractor.......................... 15.5
Termination-by Owner........... ........ ...... 15.2-15.4
I Termination. Suspension of Work and-in general...... 15
Tests and Inspections ........................... 13.3-13.7.
Time. Change o~ Contract .............................. 12
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Time. Computation of ................................ 17.2
Time. Contract~efinition of ......... .. . . . . . . . . . . . . ., . .. I
Uncovering Work ............................... 13.8-13.9
Unde~und Facilities-<iefinition of .................... I
Underground Facilities-not shown or indicated..... 4.3.2
Unde~und Facilities-protection of ........... 4.3.6.20
Underground Facilities-shown or indicated......... 4.3.1
Unit Price Work~efinition of .......................... I
Unit Price Work~eneral ................. 11.9. 14.1. 14.5
U nit Prices ......................................... 11.3.1
U nit Prices. Determinations for. .. .. . .. .. . .. .. . . .. .... 9.10
Use of Premises.............................. ... 6.16-6.18
Utility owners .......................... 6.13.6.20. 7.2-7.3
Values. Schedule of .........................2.6.2.9.14.1
Variations in Work-Authorized............ 6.25.6.27.9.5
Visits to Site-by Engineer ............................ 9.2
Waiver of Claims-on Final Payment................ 14.16.
Waiver of Rights by insured panics............. 5.10.6.11
Warranty and Guarantee-by Contractor ............. 13.1
Warranty of Title. Contractor's ....................... 14.3
Work. Access to ..................................... 13.2
Work-by others ........................................ 7
Work Continuing During Disputes .................... 6.29
Work. Cost of ................................... 11.4-11.5
W ork~efinition of ..................................... 1
Work Directive Change-definition of ................... 1
Work Directive Change-principal
references to ............................ 3.4.3. 10.1-10.2
Work. Neglected by Contractor ..................... 13.14
Work. Stopping by Contractor.... ........... ...... ... 15.5
Work. Slopping by Owner....................... 15.1-15.4
Written Amendment-definition of ...................... I
Written Amendment-principal
references to ..................... 3.4.1. 10.1. 11.:. 1:.1
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GENERAL CONDITIONS
IARTICLE I-DEFINITIONS
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
I indicated which are applicable to both the singular and plural
thereof:
I Addenda-Written or graphic instruments issued prior to the
opening of Bids which clarify. correct or change the bidding
documents or the Contract Documents.
I A1!reemelll- The written agreement between OWN ER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to the Agreement and made
I a part thereof as provided therein.
AppliCl/liOIl jiJr P{1.,'melll- The form accepted by ENGI-
:-lEER which is to be used by CONTRACTOR in requesting
I progress or final payments and which is to include such sup-
porting Jocumentation as is required by the Contract
Documents.
I Bid-The offer or proposal of the bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed.
I Bonds-Bid. performance and payment bonds and other
instruments of securit y.
I Change Order-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition. deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Time. issued
on or after the Effecti,.e Date of the .~greement.
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COl1lmCT DOCIIIIII!IIIS- The Agreement. .-\ddenda (which per-
tain to the Contract Documents). CONTRACTOR's Bid
(including documentation accompanying the Bid and any POSI-
Bid documentation submilled prior to Ihe Notice of Award)
when attached as an exhibit to the Agreement. the Bonds.
these General Conditions. the Supplemenlary Conditions. the
Specifications and the Drawings as Ihe same are more spe-
cifically identified in the .-\greement. together with all amend-
ments. modifications and supplemenls issued pursuant to
paragraphS .).~ and.).5 llO or after the Effective Date of the
Agreement.
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C lJnlrllCT Pria- The moneys payable b\. OWN ER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement \subject to Ihe provisiuns of paragraph 11.9.1 in
the case of Unit Price Workl.
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Co1/lraCI Tilll('- The number of Jays (computed as proviJeJ
in paragraph 17 .~) or the Jate staled in the .~greement for the
compklion of the Work.
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CONTRACTOR-The person. firm or corpor.llion with whllm
OWNER has entered into the Agreement.
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defeclil'e-An adjective which when modifying the word Work
refers to Work that is unsatisfactory. faulty or deficient. or
does not conform to the Contract Documents. or does not
meet the requirements of any inspection. reference standard.
test or approval referred to in the Contract Documents. or
has been damaged prior to ENGINEER's recommendation
of final payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.10l.
Drawin!:s- The drawings which show the character and scope
of the Work to be pert'ormed and which have been prepared
or approved by ENGINEER and are referred to in the Con-
tract Documents.
Effeetil'/! Date of tire Agreemellt- The date indicated in the
Agreement on which it becomes effective. but if no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
E.VGINEER- The person. firm or corporation named as such
in the Agreement.
Field Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9,5 but which does not involve a change in the Contract
Price or the Contract Time.
General Requiremenrs-Sections of Division I of the Speci-
fications.
Lall's and Regulations: Lall's or Regulations-Laws. rules.
regulations. ordinances. codes and/or orders.
Nvtice vf AII.nrd- The written notice by OWNER. to the
apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein. within [he time specified. OWNER will
~ign and deii\er [he .~greement.
,\ivliee tv Proceed-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the date
on which the Contract Time will commence to run and on
which CONTRACTOR shall start to Ylerform CONTRAC-
TOR'S obligations under the Contract Documents.
OWNER-The public body or authority. corporation. asso-
ciation. firm or person with whom CONTRACTOR has entered
into the Agreement Jnd for whom the Work is to be provided.
PartiClllJlili;:ariv//-Placing a portion of the Work in ser\.ice
for the purpose for which it is intended (or a related purpose)
before reaching Substantial Completion for all the Work.
P/'(~iecr- The total construction of which the Work to be
provided under the Contract DocumentS may be the whole.
or a part as indicated elsewhere in the ContraCl Documents.
Reside/lf Prl~i('CT Rcpre.H'//t/ui!'e- The authorized represen-
t.Hive of E~GIN EER who is assigned to the site or any part
thereof.
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Shop Drawings-All drawings. diagrams. illustrations,
schedules and other data which are specifically prepared by
or for CONTRACfOR to illustrate some portion of the Worle
and all illustrations. brochures. standard schedules. perfor-
mance chans. instrUctions,-diagnuns and other information
prepared by a Supplier and submitted by CONTRACfOR to
illustrate material or equipment for some portion of the Work.
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Sp~cifications-Those ponions of the Contract Documents
consisting of written _ technical descriptions of materials,
equipment. construction systems. standards and workman-
ship as applied to the Work and cenain administrative details
applicable thereto.
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Subcontracror-An individual. firm or corporation having a
direct contract with CONTRACfOR or with any other Sub-
contractor for the performance of a pan of the Work at the
site.
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Substanrial Compl~tion- The Work (or a specified pan thereof)
has progressed to the point where. in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive cenificate
of Substantial Completion. it is sufficiently complete. in
accordance with the Contract Documents. so that the Work
(or specified pan) can be utilized for the purposes for which
it is intended; or if there be no such cenificate issued. when
final payment is due in accordance with paragraph 14.13. The
terms .. substantially complete" and .. substantially com-
pleted" as applied to any Work refer to Substantial Comple-
tiOD thereof.
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Suppl~m~nrary Condirions- The pan of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
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Supplier-A manufacturer. fabricator. supplier. distributor.
materialman or vendor_
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Underground Facilities-All pipelines. conduits. ducts. cables.
wires. manholes. vaults. tanks. tunnels or other such facilities
or attachments. and any encasements containing such facil-
ities which have been installed underground to furnish any of
the following services or materials: electricity. gases. steam.
liquid petroleum products. telephone or other communica-
tions. cable television. sewage and drainage removal. traffic
or other control systems or water.
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Unir Price Work-Work to be paid for on the basis of unit
prices.
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Work-The entire completed construction or the various sep-
arately identifiable pans thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
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Work Dir~crive Change-A written directive to CONTRAC-
TOR. issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
1
ordering an addition. deletion or revision in the Work. or
responding to differing or unforeseen physical conditions under
which the Work is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
Directive Change: may not change the Contract Price or the
Contract Time. but is evidence that the panies expect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order following negotiations by the panies as to its effect. if
any. on the Contract Price or Contract Time as provided in
paragraph 10.2.
Writt~n Am~ndm~nr-A written amendment of the Contract
Documents. signed by OWNER and CONTRACfOR on or
after the Effective Date of the Agreement and normally deal-
ing with the nonengineering or nontechnical rather than soictiy
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS
Delivery of Bonds:
2.1. When CONTRACfOR delivers the executed Agree-
ments to OWNER. CONTRACfOR shall also deliver to
OWNER such Bonds as CONTRACfOR may be required to
furnish in accordance with paragraph 5.1.
Copies of DocumenlS:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the SupplementarY Con-
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished. upon request. at the cost of reproduction.
Commencetnelll of Contract Time: ,....otiu to Proceed:
2.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement. or. if
a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thiny days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thinieth day after the Effective Date of the Agreement.
whichever date is earlier_
Suuting the Project:
2.4. CONTRACTOR shall stan to perform the Work on
the date when the Contract Time commences to run. but no
Work shall be done at the site prior to the date on which the
Contract Time commences to run.
B~fore Suuting Construction:
2.5. Before undenaking each pan of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify peninc:nl figures shown
8
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thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
affected thereby: however. CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents.
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
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~.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Require-
ments). CONTRACTOR shall submit to ENGINEER for
review:
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~.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
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~.6.2. a preliminary schedule of Shop Drawing sub-
missions: and
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~.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub-
mission.
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~.7. Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER. with a copy to ENGINEER.
certificates I and other evidence of insurance requested by
OWNER) which CONTRACTOR is reqUIred to purchase and
maintam in accordance with para~raDhs 5.3 and 5.-1. and
OWNER shall deliver to CONTRACTOR certificates land
other c:vidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
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Precons"uction Conference:
~.8. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR stam the Work at
the site. a conference attended by CO;-.lTRACTOR. ENGI-
NEER and ~l{hers as appropriate will be held to discuss [he
schedules rc:terred to in paragraph 2.6. to discuss procedures
for handling Shop Drawings and other submittals and for
processing _-\pplications for Payment. and to establish a workmg
understanding among the parties as to the Work.
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Finali:ing Schedules:
~.9. .-\1 le:l~( ten da\.s before submission oflh~ first Appli-
cation for Pa\.ment a conference :lttended by CONTRAC-
TOR. ENGI~EER and others as appropriate will be held to
tinaliu th.: ,.:heduk~ ,ubmitted in :Iccordance \\.i(h p:lra-
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graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time. but such
acceptance will neither impose.on ENGINEER responsibility
for the progress or scheduling of the Work nor relieve CON-
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGINEER as to form and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTDIT.
AMENDING. REUSE
I nlent:
3. I. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project lor part thereot) to be con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supplied whether or not specifically
called for. When words which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
or codes of any technical society. organization or association.
or to the Laws or Regulations of any governmental authority.
whether such reference be specific or by implication. shall
mean the latest standard specification. m:lnual. ~ode or La\\.s
or Regulations in effect at the time of opening ot Bids (or. on
the Effective Date of the Agreement if there were no Bids).
except as may be otherwise specifically stated. However. no
provision of any referenced standard specification. manual
or code (whether or not specifically incorporated by reference
in the Contract Documents) shall be effective to change the
duties.and responsibilities of OWNER. CONTRACTOR or
ENGINEER. or any of their consultants. agents or employ-
ees from those set forth in the Contract Documents. nor shall
it be effective to <\ssign to ~NGINEER. or any of E~GI-
NEER's consultants. agents or employees. any duty or
authority to supervise or direct the furnishing or performance
of the Work or any duty or authority 10 undenake n:sponsi-
bility contrary to the provisions of paragraph 9.15 or l}.16.
Clarifications and interpretations of (he Contract Documents
,hall be issued by E~GINEER as provided in paragraph 9.-1.
3.3. If. during (he performance of the Work. CONTRAC-
TOR finds a conliil:t. error or discrepanc\. in the Contract
Documents. CONTRACTOR shall so report 10 ENGINEER
in writing at once and before proceeding with (he Work alfected
thereby shall obtain a written interprewlion or clarification
9
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from ENGINEER: however. CONTRACTOR shall not be
I1ble to OWNER or ENGINEER for failure to report any
nftict. error or discrepancy in the Contraet Documents
ess CONTRACTOR had actual knowledge thereof or should
reasonably have'known thereof.
lmending and SuppJ.emerlling ConlnlCt DocumelUS:
3.4. The Contract Documents may be amended to pro-
I.de for additions. deletions and revisions in the Work or to
edify the terms and conditions thereof in one or more of
the following ways:
I 3.4.1. a formal Written Amendment.
3.4.2. a Change Order (pursuant to paragraph 10.41.
I or
3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
Is indicated in paragraphs 11.2 and 12.1. Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
I 3.5. In addition. the requirements of the Contract. Docu-
ments may be supplemented. and minor variations and devia-
ltions 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).
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3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27), or
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3.5.3. ENGINEER's written interpretation or clarifi-
cation \ pursuant to paragraph 9.41.
I Rewe of Documents: .
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
I n~hing any of the Work under a direct or indirect contract
with OWNER shall have or acquire any title to or ownership
rights in any of the Drawings. Specifications or other docu-
ments (or copies of any thereoO prepared by or bearing the
I seal of ENGINEER; and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
I verification or adaptation by ENGINEER.
ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL
I CONDITIONS: REFERENCE POINTS
A vai.llJbilily of lAnds:
I 4. I. OWNER shall furnish. as indicated in the Contract
Documents. the lands upon which the Work is to be per-
formed. rights-of-way and easements for access thereto. and
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such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER. unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shalL provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physical Con.diJions:
4.2.1. Explorations and Reports: Reference is made
to the SupplementarY Conditions for identification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such reports. but not upon nontechnical data. interpreta-
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6. CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site.
4.2.2. Existing Structures: Reference is made to the
SupplementarY Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.31 which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete.
ness thereof for CONTRACTOR' s purposes, Except as
indicated in the immediately preceding sentence and in
paragraph 4.l.6. CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to such structures.
4.2.3.. ReporT of Differing Conditions: If CONTR.A.C-
TOR believes that:
4.2.3.1. any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs 4.2.1
and 4.:!.:! is inaccurate. or
4.2.3.:!. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated. reflected or referred to in the Contract Docu-
ments.
CONTRACTOR shall. promptly after becoming aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by para-
graph 6.221. notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
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4.2.4. ENGINEER's Rel'iell": E:-lGINEER will
promptly review the peninent conditions. determine the
necessity of obtaining additional explorations or tests with
respect thereto and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and con-
clusions.
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4.2.5. Po.uihle Document C//{{nlre: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to retlect and document the
consequences of the inaccuracy or difference.
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4.2.6. Possihle Price Cllld Tillie Adjllsrll/t.'IIfs: In each
such case. an increase or decrease in the Contract Price
or an extension or shonening of the Contract Time. or any
combination thereof. will be allowable to the extent that
they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles II and 12.
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Physical Conditions-Cllderground Facilities:
4.3.]. Shown vr IlIdicQred: The information and data
shown or indicated in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER
or ENGINEER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
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4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
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4.3.1.:. CONTRACTOR shall have full responsi-
bility for reviewing and checking ail such information
and data, for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina-
tion of the Work with the owners of such Underground
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6.20 and
repairing any damage thereto resulting from the Work.
the cost of all of which will be considered as having
been included in the Contract Price.
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4.3.2. Not Sholl'n or IndicClted. If an Underground
Facility is uncovered or revealed at or contiguous to the
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ablv have been expected to be aware oi. CONTRACTOR
shall. promptly after becoming aware thereof and before
performing any Work affected thereby (except in an emer-
gency as permitted l1y paragraph 0.2::;), identify the owner
of such U ndergrounJ Facility and give written notice thereof
to that owner and III OWNER and E:-lGINEER. ENGI-
~EER will rromptl\. review the LlnJc:rgrounJ Facilitv [0
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determine the extent to which the Contract Documents
should be modified 10 reflect and document the conse-
.. quences of the existence of the Underground Facility. and
the Contract Documents will be amended or supplemented
to the extent necessary. During such lime. CONTRAC-
TOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time. or both.
to the extent that they are attributable to the nistence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles II and 12.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements). shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER, CONTRAC-
TOR shall repon to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish pen'ormance and pay-
ment Bonds. each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect at least until one
year after the date when final payment becomes due. except
as otherwise provided by Law or Regulation or by the Con-
tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary Condi-
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
panies" as published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts. U.S. Treasury Depanment. :\11
Bonds signed by an agent must be accompanied by a certified
.:opy of the authority to act.
5.2, [f the surety on any Bond furnished by CONTR.\C-
TOR is declared a l1ankrupt or becomes insolvent or its right
to Jo business is terminaled in any state where any part of
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the Project is located or it ceases to meet the requirements
I paragraph 5.1. CONTRACTOR shall within five days
ereafter substitute another Bond and Surety. both of which
ust be acceptable to OWNER.
IOnlJ"GClDr'S Liability 1m IlI'tUICr:
5.3. CONTRACTOR shall purchase and maintain such
fmprehensive general liability and other insurance as is
ppropriate for the Work being performed and furnished and
will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's perfor-
lance and furnishing of the Work and CONTRACTOR's
ther obligations under the ContraCt Documents, whether it
to be pen-ormed or furnished by CONTRACTOR. by any
Subcontractor, by anyone directly or indirectly employed by
~y of them to perform or furnish any of the Work, or by
~yone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen's compen-
I sation, disability benefits and other similar employee ben-
efit acts:
I 5.3.2, Claims for damages because of bodily injury.
occupational sickness or disease. or death of CONTRAC-
TOR's employees;
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5.3.3. Claims for damages because of bodily injury,
sickness or disease. or death of any person other than
CONTRACTOR's employees:
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5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained lal by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR. or
(b) by any other person for any other reason:
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5.3.5. Claims for damages. other than to the Work
itself. because of injury to or destnl.ction of tangible prop-
erty wherever located. including loss of use resulting
therefrom:
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5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages because of bodily injury or death of
any person or for damage to property: and
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5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
I The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
I tary Conditions, or required by law, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insure
lance so required to be purchased and maintained lor the
certificates or other evidence thereoO shall contain a provi-
sion or endorsement that the coverage afforded will not be
cancelled, material I y changed or renewal refused until at least
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thiny days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting. removing or
replacing defecrive Work in accordance with paragraph 13 .12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two years after final payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
COlllnJeauU Liability lmurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
Owrur'S LWbiJily lmurancr:
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and. at
OWNER's option. may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents,
Properry lmurance:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulationsl. This insurance shall include the interests
of OWNER. CONTRACTOR. Subcontractors. ENGINEER
and ENGINEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured parties. shall insure
against the perils of fire and extended coverage and shall
include .. all risk.. insurance for ph ysical loss and damage
including theft. vandalism and malicious lTUschief. collapse
and water damage, and such other perils as may be provided
in the Supplementary Conditions. and shall include damages,
losses and expenses arising out of or resulting from any insured
loss or incurred in the repair or replacement of any insured
property (including but not limited to fees and charges of
engineers. architects. attorneys and other professionals!. If
not covered under the "all risk'. insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
. purchase and maintain similar property insurance on portions
of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for
Payment.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER.
CONTRACTOR, Subcontractors. ENGINEER AND
ENGINEER's consultants in the Work. all of whom shall be
listed as insured or additional insured panies.
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5.8. All the policies of insurance (or the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and
5.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or materially changed or renewal
refused until at least thirty days' prior written notice has been
given to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
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5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the inten:sts
of CONTRACTOR. Subcontractors or others in the Work to
the extent of any deductible amounts that are provided in the
Supplementary Conditions. The risk of loss within the
deductible amount. will be borne by CONTRACTOR. Sub-
contractor or others suffering any such loss and if any of them
wishes property insurance coverage within the limits of such
amounts. each may purchase and maintain it at the purchas-
er's own expense.
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5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy. OWNER shall. if possible. include such insurance. and
the cost thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site. OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWNER.
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Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work. and also
waive all such rights against the Subcontractors. ENGI-
~ EER. E~G I0J EER' s consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As reqUIred by paragraph 6. II. each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favorofOWNER. CONTRACTOR. ENGINEER. ENGI-
N EER' s consultants and all other parties named as insureds.
;-.lone of the above waivers shall extend to the rights that
any of the insured parties may have to the proceeds of
insurance held by OWNER as trustee or otherwise pay-
able under any policy so issued.
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5.11.2. OWN ER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured ;lnd provide primary
coverage for all lossc:s and damages caused by the perils
co\.ered thereby. Accordingly. all such policie:s shall con-
tain provlsiuns to (he: dTect that in (he c:vent of payment
of any loss ur dam.lge: the: insurer will have: no rights l)f
recoverv a~ainst any of the partie:s named as insureds llr
additiunal insureds. and if the: insure:rs re:quire: separate
wai\'c:r forms to be: signed by ENGINEER or ENGI-
~EER., C\ln,u\l:Jnt U\V:'JER will ,)bl~lin th.:: ',1m.::. ;lnJ if
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such waiver forms are required of any Subcontractor.
CONTRACTOR will obtain the same.
Receipt and Appiicalion of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds. as their interests may appear. subject to the require-
ments of any applicable mortgage clause and of paragraph
5.13. OWNER shall deposit in a separate account any money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost thereof covered
_ by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's e:<ercise of this power. If
such objection be made. OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the parties in interest may reach. If required in writing by
any party in interest. OWNER as trustee shall. upon the
occurrence of an insured loss. give bond for the proper per-
formance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded
by or other provisions of the insurance reqcired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5.4 on the basis of its not complying
with the Contract Documents. OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery ot such certificates to OWNER in accordance with
paragraph 2.7. If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their not. complying with the Contract Documents. CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within
the time provided shall constitute acceptance of such insur-
ance purchased by the othe:r as complying with the Contract
Documents.
Partwi L'tili:.tllion-Property Insurance:
5.15. If OWNER nnds it necessary to occupy or use a
portion or portions uf the Wurk prior to Substantial Cumple:-
lion of all the Work. such use or occupancy may be accom-
rlisheJ in acc0rdaOl.:':: with paragraph 14.10: provided that no
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such use or occupancy shall commence before the insurers
providing the properlY insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the properly insur-
ance shall consent by endorsement on the policy or policies,
but" the properlY insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
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ARTICLE &-CONTRACTOR'S RESPONSIBILITIES
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Suplnriswn and SUlNrinuruhncI:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently. devoting such attention thereto
and applying such skills and expertise as may be necessary
to perform the Work in accordance with the Contract Doc-
uments. CONTRACTOR shail be SOlely responsible for the.
means. methods. techniques. sequences and procedures of
construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means. method. technique. sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
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6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
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lADor. Materials and Equipmenl:
6.3. CONTRACTOR shall provide competent. suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or propeny at the site or
adjacent thereto. and except as otherwise indicated in the
Contract Documents. all Work at the site shall be performed
during regular working hours. and CONTRACTOR will not
permit overlime work or the performance of Work on Sat-
urday. Sunday or any legal holiday without OWNER's writ-
ten consent given after prior written notice to ENGINEER.
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6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment. labor. transponation.
construction equipment and machinery. tools. appliances.
fuel. power. light, heat. telephone. water. sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing. performance. testing. stan-up
and completion of the Work.
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6.5. All materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence (including reporls of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed. con-
nected. erected, used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assign to
ENGINEER. or any of ENGINEER's consultants. agents or
employees. any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author-
ity to undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16.
Adjusting Prognss Schedule:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) adjust-
ments in the progress schedule to reflect the impact thereon
of new developments: these win conform generally to the
progress scheduie then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
SubSlilUles or "Or-EqU4l" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the naming of the item is intended to establish the type.
function and quality required. Unless the name is followed
by words indicating that no substitution is permined,
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof.
cerlifying that the proposed substitute will perform ade-
quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute will nOl prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time. whether or not acceptance of the substitute
for use in the Work will require a change in any of the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitute and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment o{ any license ic:e or
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royalty. All variations of the proposed substitute trom that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi-
cated. The application will .also contain an itemized esti-
mate of all costs that will result directly or indirectly from
acceptance of such substitute. including costs of redesign
and claims of other contractors affected by the resulting
change. all of which shall be considered by ENGINEER
in evaluating the. proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute.
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6.7.2. If a specific means. method. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR may turnish or
utilize a substitute means. method. sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedure for review by ENGINEER
will be similar to that provided in paragraph 6.7.1 as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
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6.7.3. ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. ENGI-
NEER will be the sole judge of acceptability. and no
substitute will be ordered. installed or utilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENG IN E ER' s consultants in eva:uating substitutions
proposed by CONTRACTOR dnd in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a .proposed substitute. CON-
TRACTOR shall reimburse OWNER for the charges of
ENGIN EER and ENGIN EER's consultants for evaluat-
ing each proposed substitute.
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Concerning Subcontractors. Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor. Supplier or other person or organization I including
those acceptable to OWNER and ENGINEER as indi-
cated in paragraph 6.8.2l. whether initially or as a substi-
tute. against whom OWNER or ENGINEER may ha\e
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. Supplier or other person l)r
organization to furnish or pert"orm any of the Work against
whom CONTRACTOR has reasonable objectilm.
6.:-1.2. If the Supplementary Conditions require the
identity of cenain Subcontractors. Suppliers llr other per-
sons or llrganizatillns (including those who are [0 furnish
the principal items of materials and equipment) to be sub-
mitted to OWNER in advance of the specified date prior
to [he Efkc[ive Da[~ of the .-\greement for aCl.."~otanct: b\.
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OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWNER's or ENGIN EER's accept-
ance (either in writing or by. failing to make written objec-
tion thereto by the date indicated for acceptance or objec-
tion in the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute. the
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiver of any right of OWNER or ENGI-
NEER to reject defecril.e Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor. Supplier or other person or
organization. nor shall it create any obligation on the pan of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subcontractor. Supplier or other
person or organization except as may otherwise be required
by Laws and Regulations.
6. 10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6. II. .-\11 Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.11. CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to pamgraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and roy-
alties and assume all costs incident 10 the use in the perfor-
mance of the Work or the incorporation in the Work of any
invention. design. process. product or device \\ hich is the
subject of patent rights llr copyrights held 1)\. others. If a
particular invention. design. process. producl or device is
specified in the Contract Documents for use in the perfor-
mance of the Work and ifw the actual knowledge of OWNER
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or ENGINEER its use is subject to patent rights or copyrights
calling for the payment of any license iee or royalty to others.
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and .ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims. damages. losses and expenses (including
attorneys' fees and coun and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the perfonnance of the Work or resuJting from the
incorporation in the Work of any invention. design, process.
product or device not specified in the Contract Documents.
and shall defend all such claims in connection with any alleged
infringement of such rights.
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Pentriu:
I 6.13. Unless otherwise provided in the Supplementary
Conditions. CONTRACTOR shall obtain and pay for all con-
struction penn its and licenses. OWNER shall assist CON-
I TRACTOR. when necessary, in obtaining such penn its and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
which are applicable at the time of opening of Bids. or if there
I are no Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work. and OWNER shall pay all charges of
I such utility owners for capital costs related thereto such as
plant investment fees.
I lAws and ReguJlllums:
6.]4.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and perfonnance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations. neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations. .
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6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations. CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR perfonns any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations.. and without such notice to
ENGINEER. CONTRACTOR shall bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
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Tcu:es:
I 6.15. CONTRACTOR shall pay all sales. consumer. use
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
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place of the Project which are applicable during the perfor-
mance of the Work.
UIe of Pnmiuz:
6.16. CONTRACTOR shall confine constrUction equip-
ment. the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas pennitted by.Laws and Regulations. rights-
of-way. pennits and easements. and shall not unreasonably
encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area. or to
the owner or occupant thereof or of any land or areas contig-
uous thereto. resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the perfonnance
of the Work. CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall. to the
fullest extent pennined by Laws and Regulations. indemnify
and hold OWNER and ENGINEER hannless from and against
all claims. damages. losses and expenses (including. but not
limited to. fees of engineers. architects. anorneys and other
professionals and court and arbitration costs) arising directly,
indirectly or consequentially out of any action. legal or equi-
table. brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's perfonnance of the Work.
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remove
all waste materials. rubbish and debris from and about the
premises as well as all tools. appliances. construction equip-
ment and machinery. and surplus materials. and shall leave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all propeny not
designated for alteration by the Contract Documents.
6.]8. CONTRACTOR shall not load nor pennit any part
of any structure to be loaded in any manner that will endanger
the stMlcture. nor shall CONTRACTOR subject any part of
the Work or adjacent propeny to stresses or pressures that
will endanger il.
Record Docume1US:
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings. Specifications.
Addenda. Written Amendments. Change Orders. Work
Directive Changes. Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
strUction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available 10 ENGINEER for reference. Upon com-
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pletion of the Work. these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
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Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Worle CONTRACTOR shall
take all necessary precautions for the safety of. and shall
provide the. necessary protection to prevent damage. injury
or loss to:
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6.20.1. all employees on the Work and other persons
and organizations who may be atfected thereby:
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6.20.2. all the Work and materials and equipment to
be incorporated therein. whether in storage on or off the
site: and
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6.20.3. other property at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pavements. road-
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
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CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage.
injury or loss: and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners when prosecution of the Work
may atfect them. and shall cooperate with them in the pro-
tection. removal. relocation and replacement of their prop-
erty. .-\11 damage. injury or loss to any property referred to
in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly.
in whole or in part. by CONTR.-\CTOR. any Subcontractor.
Supplier or any other person or organization directly or indi.
rectly employed by any of them to perform or furnish any 01
the Work or anyone for whose acts any of them may be liable.
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose acts either
of them may be liable. and not attributable. directl~' or indi-
rect!\-. in whole or in part. to the fault or negligence of CO:--;-
TR.-\.CTORl. CONTRACTOR's duties and responsibilities
for the sat"t:ty and protection of the Work shall continue until
such time as all the Work is completed and ENGI;.JEER has
issued a notice to OWNER and CONTRACTOR in accord-
ance with paragraph 14.13thatthe Work is acceptable leXl.:ept
as otherwise expressly provided in connection \\ith Substan-
tial Cl.lmpletil.lnl.
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6.: I. CONTRACTOR shall designate a respllnsible rep-
resentative at the ,ite whose dut\' ,hall be the prevention l,f
aCCIdents. This pc:rsl.ln shall be CONTR.-\CTOR"s superin-
temient unless l.ltherwise designated in writing by CO~-
TR.-\CTOR (0 OW"JER.
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Emergencies:
6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent thereto.
CONTRACTOR. without special instruction or authorization
from ENGINEER or OWNER. is obligated to act to prevent
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes
that any significant changes in the Work or variations from
the Contract Documents have been caused thereby. IfENGI-
NEER determines that a change in the Contract Documents
is required because of the action taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions lsee para-.
graph ~.91. or for other appropriate action if so indicated in
the Supplementary Conditions. five copies (unless otherwise
specified in the General Requirements) of all Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions will be identified
as ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities. dimen-
sions. specified performance and design criteria. materials
and similar data to enable ENGINEER to review the infor-
mation as required.
6.24. CONTRACTOR shall also submit to ENGI:--JEER
for review and approval with such promptness as to cause
no delay in Work. all samples required by the Contract Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. S4Pplier.
pertinent data such as catalog numbers and the use for which
intended.
6.~5.1. Before submission of each Shop Drawing or
sample CONTR.-\CTOR shall have determined and veri-
fied all quantities. dimensions. specified performance cri.
teria. installation requirements. materials. catalog num-
bers and similar data \\.ith respect thereto and reviewed
or coordinated each Shop Drawing or sample with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents.
6.25.2. At the Lime l,f each submissil.ln. CONTRAC-
TOR shall give ENGIN EER spel:inc wrillen notic~ l.lfeach
variation that the Shl.lp Drawings or samples may have
from the requirements l,f the Cllntract Documents. and.
in additilln. ,hall cause ;1 snecitic nOlation 10 he made lln
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each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
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6.26. ENGINEER will review and approve with reason.
able promptness Shop Drawings and samples. but ENGI-
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance
with the information given in the Contraet Documents and
shall not extend to means. methods. techniques. sequences
or procedures of constrUction (except where a specific means.
method. technique, sequence or procedure of constrUction is
indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate
approval of the assembly in which the item functions. CON-
TRACTOR shall make corrections required by ENGINEER.
and shall return the required number of corrected copies of
Shop Drawings and submit as required new samples for review
and approval. CONTRACTOR shall direct specific attention
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
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6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.25.1 and
ENGINEER has given wrinen approval of each such varia-
tion by a specific wrinen notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25.1.
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6.28. Where a Shop Drawing or sample is required by the
SpeCIfications. any related Work periormeci pnor to ENdl-
NEER's revIew and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
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Condnuing the Work:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements. except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise agree in writing.
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I tuUmnificGlion:
6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims. damages. losses and
expenses. direct. indirect or consequential (including but not
limited to fees and charges of engineers. architects. attorneys
and other professionals and court and arbitration costs) aris-
ing out oi or resullIDg irom the performance of the Work.
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provided that any such claim. damage. loss or expense (a) is
attributable to bodily injury. sickness. disease or death. or to
injury to or destrUction of tangible property (other than the
Work itselO including the loss of use resulting therefrom and
(b) is caused in whole or in part by any negligent act or
omission of CONTRACTOR. any Subcontractor. any person
or organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such party.
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants. agents or employees. by
any employee of CONTRACTOR. any Subcontractor. any
. person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable. the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or tYpe of damages.
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization
under workers' or workmen's compensation acts. disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINEER's consultants. agents or employees arising out
of the preparation or approval of maps, drawings, opinions,
reports, surveys. Change Orders. designs or specifications.
ARTICLE 7-OTHER WORK
Rewed Work al Site:
7.1. OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces. have other work
performed by utility owners or let other direct contractS therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contract Documents. wrinen notice thereof will be
given to CONTRACTOR prior to starting any such other
work: and. if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to agree
as to the extent thereof. CONTRACTOR may make a claim
therefor as provided in Articles II and 12.
7.1. CONTRACTOR shall afford each utility owner and
other contraCtor who is a party to such a direct contraet (or
OWNER. if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work, and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fining and patching of
the Work that may be required to make its several parts come
together properiy and integrate with such other work. CON-
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TRACTOR shall not endanger any work of others by cutting.
excavating or otherwise altering their work and will only cut
or alter their work with the written consent of ENGINEER
and the others whose work will be affected. The duties and
responsibilities.of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWN ER and such utility owners and other contractors.
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7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner (or OWNER). CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work.
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Coordinalion:
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7.4. If OWNER contracts with others for the perfor-
mance of other work on the Project at the site. the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions.
and the specific matters to be covered by such authority and
responsibility will be itemized, and the extent of such author-
ity and responsibilities will be'provided. in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions. neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination.
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.-\RTICLE 8-0WNER'S RESPONSIBILITIES
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8.1. OWNER shall issue all communications [Q CON-
TRACTOR through ENGINEER.
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8.2. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of the former
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
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8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments 10 CONTRACTOR promptly after they are due as
provided in paragraphs 14.4 and 14.13.
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8.4. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4. I and 4.4. Par:!-
graph 4.2 refers 10 OWNER's identifying and making avail-
able 10 CONTRACTOR copies of reportS of explorations and
tests of ~uh~tll"ace cnnditions at the site and in existing struc-
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tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections. tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.10 and 1':;.1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representalive:
9. I. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
represenlative during construction are set forth in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
Visits to Sue:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and quality of the executed Work and to deter-
mine. in general. if the Work is proceeding in accordance
with the Contract Documents. E)lGINEER will not be required
to make exhaustive or continuous on-site inspections to check
[he quality or quantity of the Work. ENGINEER's .:lIons
will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform to the
Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed of the prog-
ress of the Work and will endeavor to guard OWNER against
defects and deficiencies in the Work.
Project Representalion:
9.3. If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties. responsibilities and limitations of authority of any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWN ER at the site
who is not ENGINEER's agent or employee. the duties.
responsibilities and limitations of authority of such other
['erson will he as provided in the Supplementarv Conditions.
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CliuijicJzrions lUId 11Ile1'11n1DlirJns:
9.4. ENGINEER will issue with reasonable promptness
such wrinen clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings
or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents.lfCONTRACfOR
believes that a wrinen clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and t.he panies are unable to agree to the
amount or extent thereof, CONTRACfOR may make a claim
therefor as provided in Anicle 11 or Article 12.
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Authorized Variations in Wort:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER. and also on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACfOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the panies are unable to agree as to
the amount or extent thereof. CONTRACfOR may make a
claim therefor as provided in Article II or 12.
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Rejecting Defective Wort:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective. and
will also have authority to require special inspection onesting
of the Work as provided in paragraph 13.9. whether or not
the Work is fabricated, installed or completed.
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Shop Drawings, Clulnge Orders and Payments:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples, see paragraphs 6.23 through
6.29 inclusive.
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9.8. In connection with ENGINEER's responsibilities as
to Change Orders. see Anicles 10. 11 and 12.
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9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment. etc.. see Article 14.
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Determinalions for Unit Prices:
9.10. ENGINEER wiu determine the actual quanuues
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
N EER' s written decisions thereon will be tinal and binding
upon OWNER and CONTRACTOR. unless. within ten days
after the date of any such decision. either OWNER or CON-
TRACTOR delivers to the other party to the Agreement and
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to ENGINEER written notice of intention to appeal from
such a decision.
Decisions 011 Dispuus:
9.11. ENGINEER will be the initial interpreter of the
requirements of the ContraCt Documents and judge of the
acc:eptability of the Work thereunder. Claims. disputes and
otber matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
claims under Anicles II and 12 in respect of changes in the
Contract Price Or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal decision
in accordance with this paragraph. which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim. dispute and other matter will be delivered
by the claimant to ENGINEER and the other party to the
Agreement promptly (but in no event later than thirty days)
after the occurrence of the event giving rise thereto. and
written supporting data will be submitted to ENGINEER and
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11. ENGINEER will not show par-
tiality to OWNER or CONTRACfOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.IOand 9.11 with respect
to any such claim. dispute or other matter (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents Or by Laws or Regulations in respect
of any such claim. dispute or other matter.
LimilDlions on ENGINEER's Responsibililies:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nOr any
decision made by ENGINEER in good faith either to exercise
or not exercisc such authority shall givc risc to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor. any Supplier. or any other person or organization
performing any of the Work. or to any surety for any of them.
9.14. Whenever in the Contract Documents thc terms "as
ordercd". "as directed". "as required", "as allowed". "as
approved" Or terms of like effect or import are used. or the
adjectives "reasonable", "suitable", "acceptablc". "proper"
or "satisfactory" or adjectives of like effect or impon arc
used to describe a requirement. direction. review or judgment
of ENGINEER as to the Work. it is intcnded that such
requirement. direction. review or judgment will be soIcly to
evaluate the Work for compliance with thc Contract Docu-
ments (unless there is a specific statement indicating other-
wise/. The use of any such term or adjcctive shall not bc
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effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility .contrary
to the provisions of paragraph 9.15 or 9.16.
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9.15. ENGINEER will not be responsible for CON-
TRACTOR's means. methods. techniques. sequences or pro-
cedures of construction, or the safety precautions and pro.
grams incident thereto. and ENGINEER will not be respon-
sible for CONTRACTOR's failure to pen'orm or furnish the
Work in accordance with the Contract Documents.
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9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor. any
Supplier. or of any other person or organization pen'orming
or furnishing any of the Work.
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ARTICLE IO-CHANGES IN THE WORK
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10. I. Without invalidating the Agreement and without notice
to any surety. OWNER may. at any time or from time to
time. order additions. deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
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10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent. if any, of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Change. a claim may be made therefor as provided in Article
II or .-\rtIcle 12.
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10.3. CONTRACTOR shall not be.emitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended, modified and supple-
mented as provided in paragraphs 3.4 and 3.5. except in the
case or' an emergency as provided in paragraph 6.22 and
except in the case of uncovering Work as provided in para-
graph 13.9.
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lOA. OWNER and CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendmentsl covering:
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10.4.1. ~hanges in the Work which are ordered by
OWNER pursuant to paragraph 10.1. are required because
of acceptan.:e of Jejl-cr;\'e Wurk under paragrapn \3. I.~ llr
~orrecting J<:tl-cri"e Work under paragraph 13.1~. or are
agree:d to b\ (he partie:s:
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10.4.2. ~hanges in the Contract Price or Contract Time:
which are a~re:ed to ny the parties: and
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10.4.3. changes in the Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9.11:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations. but during any such appeal. CON-
TRACTOR shall carry on the Work and adhere to the prog-
ress schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to, Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notice will be CONTRAC-
TOR's responsibility. and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE II-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties. responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor.
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise agree on the amount involved. No daim
for an adjustment i~ the Contract Price will be valid if not
submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order
or of any claim for an in~rease or decrease in the Contract
Price shall be determined in one of the following ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the: Contract Documents. by applica-
tion of unit prices to the: quantities or the items involved
(subject to the provisions of paragraphs 11.9. I. through
11.9.3. inclusive:l.
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11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph I 1.6.2.1).
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11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
I Cost of the Work:
11.4. The term Cost of the Work means the sum of all
I costs necessarily incurred and paid by CONTRACTOR in
the proper !)Crfonnance of the Work. Except as otherwise
may be agreed to in writing by OWNER. such costs shall be
in amounts no higher than those prevailing in the locality of
I the Project. shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
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11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall be apponioned on
the basis of their time spent on the Work. Payroll costs
shall include. but not be limited to. salaries and wages
plus the cost of fringe benefits which shall include social
security contributions. unemployment. excise and payroll
taxes. workers' or workmen's compensation. health and
retirement benefits. bonuses. sick leave. vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours. on Satur-
day, Sunday or legal holidays. shall be included in the
above to the extent authorized by OWNER.
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I 1.4.2. Cost of all materials and equipment furnished
and incorporated in the Work. including costs of trans-
ponation and storage thereof. and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments. in
which case the cash discounts shall accrue to OWNER.
All trade discounts. rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained.
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11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors.
If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine. with the advice of ENGINEER. which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee. the Subcontractor's Cost of the Work
shall be determined in the same manner as CONTRAC-
TOR's Cost oi the Work. All subcontracts shall be subject
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to the other provisions of the Contract Documents insofar
as applicable.
I 1.4.4. Costs of special consultants (including but not
limited to'engineers. architects. testing laboratories. sur-
veyors. attorneys and accountants) employed for services
specifically related to the Work..
11.4.5. Supplemental costs including the following:
11.4.5.1. The proponion of necessary transpona-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.2. Cost. including transponation and main-
tenance. of all materials. supplies. equipment. machin-
ery. appliances, office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the Work.. and cost
less market value of such items used but not consumed
which remain the propeny of CONTRACTOR.
11.4.5.J. Rentals of all construction equipment and
machinery and the pans thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER. and the costS of transponation. loading,
unloading. installation. dismantling and removal
thereof-all in accordance with terms of said rental
. agreements. The rental of any such equipment. machin-
ery or pans shall cease when the use thereofis no longer
necessary for the Work.
11.4.5.4. Sales. consumer. use or similar taxes
related to the Work. and for which CONTRACTOR is
liable. imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR. any Subcontractor or any-
one directly or indirectly employed by any of them or
for whose acts any of them may be liable. and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses>. not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the
deductible amounts of propeny insurance established
by OWNER in accordance with paragraph 5.9). pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR, any Subcontractor. or
anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses.
damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRAC-
TOR's Fee. If. however. any such loss or damage
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requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph
11.6.2.
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11.4.5.7. The cost of utilities. fud and sanitary
facilities at the site.
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II A.5.8. Minor expenses such as telegrams. long
distance telephone calls. telephone service at the site.
expressage and similar petty cash items in connection
with the Work.
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II A.5.9. Cost of premium)i for additional Bonds
anu insurance required because of changes in the Work
and premiums for property insurance coverage within
the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.9.
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11.5: The term Cost of the Work shall not include any of
the following:
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11.5. I. Payroll costs and other compensation of CON .
TRACTOR's officers. executives. principals (of panner-
ship and sole proprietorships I. general managers. engi-
neers. architects. estimators. attorneys. auditors. accoun-
tants. purchasing and contracting agents. expeditors.
timekeepers. clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR's principal or a brnnch office for general administra-
tion of the Work and not specifically included in the agreed
upon schedule of job classifications referred to in para-
graph 11.4.1 or specifically covered by paragraph 11.4.4-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
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11.5.2. E:~penses ()f CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site.
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11.5.3. :\ny part oiCONTRACTOR's capital expenses.
including interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
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11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub.
paragraph 11.4.5.9 abovel.
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11.5.5. Costs due to the negligem:e of CONTRAC-
TOR. any Subcontr:h:lOr. or anyone directly or indirectly
employed bv any of i;,-:m or for who~e acts any of them
may be lial'1k ir...:I'ldin!; but nol limileJ to. the correction
of dt'/l'( ,:, ': .or". Jispos,li (If materials or equipment
wrongly ~1I. ,,! ;'.: ..,akin!,! ~OllU any damage 10 prop.
erty.
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11.5.h. Other llverheau or general expense costs ot
any kind and the costs of any item not specifically and
e\Dre'sl\' included in para!,!raph 11.4.
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CONTRACTOR's Fee:
11.6. The CONTRACTOR's Fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11.6.1 ~ a mutually acceptable fixed fee: or if none can
be agreed upon.
11.6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1
and 1l.4.2. the CONTRACTOR's Fee shall be fifteen
percent:
11.6.2.2. for costs incurred under paragraph 11.4.3.
the CONTRACTOR's Fee shall be f.ve percent: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee. the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
11.6.2.3. no fee shall be payable on the basis of
costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5:
11.6.2.4. the amount of credit to be allowed by
CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by all amount equal to ten percent of the
net decrease: and
11.6.2,5. when both additions and credits are
involved in anyone change. the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4. inclusive.
11. i. Whenever the cost of any Work is to be determined
pursuant to paragraph \1.4 or 11.5. CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause: the Work so covered to be done
by such Subcontractors or Suppliers and for such sums within
the limit of the allowances as may be acceptable to ENGI-
NEER. CONTRACTOR agrees that:
11.8.1. The allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of mate-
rials and equipment required by the allowances to be deliv.
ered at the site. and all applicable taxes: and
11.8.2. CONTRACTOR's \;osts fur unloading and
handling un the site. lahor. installation costs. overhead.
profit and other expenses contemplated for the allowances
have neen included in the Cuntract Price and not in Ihe
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allowances. No demand for additional payment on account
of any thereof will be valid.
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Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work coverecl
by allowances. and the Contract Price shall be correspond-
ingly adjusted.
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Unit Price Work:
11.9.1. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work. initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
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11.9.2. Each unit price will be deemed to include an
amount considered by C01'l"TRACTOR to be adequate to
cover CONTRACTOR' s overhead and profit for each sep-
arately identified item.
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11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an Increase in the Con-
tract Price in accordance with Anicle 11 if the parties are
unable to agree as to the amoun.t of any such increase.
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ARTICLE 12~HANGE OF CONTRACT TIME
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12.1. The ContraCt Time may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shortening of the Contract Time shall be based on written
notice delivered by the party making the claim to the other.
party and to ENGINEER promptly (but in no event later than
thirty days, after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in suppon of the claim) and shall be accom-
panied by the claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in [he Contract Time
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shall be determined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment in the Contract Time will
be valid if not submined in accordance with the requirements
of this paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include. but not be limited to.
acu or neglect by OWNER or others performing additional
wone as contemplated by Article 7. or to fires. floods. labor
disputes. epidemics. abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
- are of the essence of the Agreement. The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers. architects.
anorneys and other professionals and court and arbitration
costs) for delay by either party.
ARTICLE 13-W ARRANTY AND GUARANTEE;
TESTS AND INSPECIlONS;
CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFEcrIVE WORK
WGrTCIIItJ and GlUJI"lUIUe:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that aJl Work will be in accor-
dance with the Contract Documents and will not be defective.
Prompt notice of all defects shall be given to CONTRAC-
TOR. All defective Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13.
Accas to Wort:
13.2. ENGINEER and ENGINEER' s representatives.
other representatives of OWNER. testing agencies and gov-
ernmental agencies with jurisdictional interests will have access
to the Work at reasonable times for their observation. inspecting
and testing. CONTRACTOR shaH provide proper and safe
conditions for such access.
Tens and Inspections:
13.3. CONTRACTOR shall give ENGIN EER timely notice
of readiness of the Work for all required inspections. tests or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or pan thereof) to specifically
be inspected. tested or approved. CONTRACTOR shall
assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required certificates
oi inspection. testing or approval. CONTRACTOR shall also
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be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN-
ER's or ENGIN EER 's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work. or of
materials or equipment submitted for approval prior to CON-
TRACTOR's purchase thereoffor incorporation in the Work.
The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specified!.
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13.5. All inspections. tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR (or by ENGI!'<EER if so
specified).
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13.6. If any Work (including the work of others) that is.
to be inspected. tested or approved is covered without written
concurrence of ENGINEER. it must. if requested by ENGI-
N EER. be uncovered for observation. Such uncovering shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice ofCONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
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13.7. Neither observations by ENGINEER nor inspec-
tions. tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
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Uncovering Work:
13.8. If any Work is covered contrary to the written request
of E~GINEER. it must. if requested by ENGI:--;EER. be
uncoL.ered for ENGI:\'EER's observation and reolaced at
CONTRACTOR's expense. .
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1:;.9. If E:\'GINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others. CONTRACTOR. at ENGINEER's
request. shall uncover. expose or otherwise make available
for observation. inspection ~r lestine as EN G 1::-'; EER maL'
require. that portion of the Work in question. furnishine ail
necessary labor. material and equipment. If it is found that
such \Vork is d/:'.ti!cTin'. CONTRACTOR shall bear all direct.
indirect ami ~onsequential costs of such uncovenng. e.\po-
sure. observation. inspection and testing and of ,atisfaclOry
reconstruction. (including but not limited to fees and charges
of engineers. architects. anorneys and other professionalsl.
and OWN ER shall be entitled to an appropriate Jecrease in
the Contract Price. and. if the panies an: unable to agree as
to the amount thereof. may make a c1;jim therefor ~b provided
in Article II. If. hLl\\e\er. ~ucn \V,'rk IS not f,'und to be
def{octil.e. CO~TRACT()R ,hall be allowed an Increase in
the C,'nlra~t Pr;,., .:. ...i c\;,:m,iLln of the Contract Time. l'r
both. Jir~cth atlnL1Ul~lbt.: tv such uncovering. .:\posure.
observation. inspection. testing and reconstructi,'n: and. if
th.: panie~ are unable 10 agree as to the amount ,lr extent
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thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles II and 12.
Owner May Stop the Work:
13.10. If the Work is defecTil'e. or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents. OWNER may order CONTRACTOR to stop the
Work. or any portion thereof. until the cause for such order
has been eliminated: however.. this right of OWNER to slOp
the Work shall not give rise to any duty on the pan of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other pany.
Cornction or Removal of Defective Work:
13.1 I. Ifrequired by ENGINEER. CONTRACTOR shall
promptly. as directed. either correct all defecTil'e Work.
whether or not fabricated. installed or completed. or. if ihe
Work has been rejected by ENGINEER. remove it from the
site and replace it with nondefecTil'e Work. CONTRACTOR
shall bear all direct. indirec: and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers. architects. attorneys and other profes-
sionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents. any
Work is found to be defectil'e. CONTRACTOR shall promptly.
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such defecril'e Work. or.
if it has been rejected by OWNER. remove it from the site
and replace it with /Ionde/eelil'e Work. If CONTRACTOR
does not promptly comply with the terms of such instructions.
or in an emergency where delay would cause serious risk of
loss or damage. OWNER may have the defeeril'e Work cor-
rected or the rejected Work removed and replaced. and all
direct. indirect and consequential costs of such removal and
replacement I including but not limited to fees and charges of
engineers. architects. attorneys and other professionals) will
be paid by CONTRACTOR. In special circumstances where
a panicular item of equipment is placed in continuous service
before Substantial Completion of all the Work. the correction
period for that item may start to run from an earlier date if
so provided in the Speciricallons or by Wr\tlen Amendment.
A.L'CepTance of DefecTil'e Work:
\3.13. If. instead of requiring correction or removal and
replacement of ddl!cril'l' Work. OW~ER land. prior 10
ENGINEER.s recommendation o( final payment. also
ENGINEER) prefers toaccept it. OWNER may do so. CON-
TRACTOR ~hall hear all direct. indirect and consequential
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costs attributable to OWNER's evaluation of and determi-
nation to accept such defecliv~ Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges of engineers. architects. attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment..1
Clwlge Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Work:
and OWNER shall be entitled to an appropriate decrease in
the Contract Price. ~d. if the parties are unable to agree as
to the amount thereof. OWNER may make a claim therefor
as provided in Anicle 11. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
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I OWNER May Cornet Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after wrinen notice of ENGINEER to proceed to correct and
I to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11. or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents, or if CON-
I TRACTOR fails to comply with any other provision of the
Contract Documents. OWNER may. after seven day~' writ-
ten notice to CONTRACTOR. correct and remedy any such
I deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action. OWNER
may exclude CONTRACTOR from all or part of the site, take
I 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
I and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
I tatives. agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct. indirect and con-
I sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Order will be issued incorporating the necessary revisions in
I the Contract Documents with respect to the Work: and
OWNER shall be entitled to an appropriate decrease in the
Contract Price, and. if the. parties are unable to agree as to
the amount thereof. OWNER may make a claim therefor as
I provided in Article II. Such direct. indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers, architects. attorneys and other professionals.
I all court and arbitration costs and all costs of repair and
replacement of work of others destroyed or damaged by
correction, removal or replacement of CONTRACTOR's
defeCTive Work. CONTRACTOR shall not be allowed an
I extension of the Contract Time because of any delay in per-
formance ofthe Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
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ARTICLEI~PAYMENTSTOCONTRACTORAND
COMPLETION
SchHuk ofVahles:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
Appliallion for Progress Payine1U:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested
on the basis of materials and equipment not incorporated in
the Work but delivered and suitably stored at the site or at
another location agreed to in writing. the Application for
Payment shall also be accompanied by a bill of sale. invoice
or other documentation wammting that O~ER has received'
the materials and equipment free and clear of all liens. charges.
security interests and encumbrances (which are hereinafter
in these General Conditions referred to as "Liens") and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein. all of which will be sat-
isfactory to OWNER. The amount of retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Wanunty of Tide:
14.3. CONTRACTOR warrants and guarantees that title
to all Work. materials and equipment covered by any Appli-
cation for Payment. whether incorporated in the Project or
not, will pass to OWNER no later than the time of payment
free and clear of all Liens.
Review of Appli.auions for Progress Payme1U:
14.4, ENGINEER will. within ten days after receipt of
each Application for Payment. either indicate in writing a
recommendation of payment and present the Application to
OWNER. or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case. CONTRACTOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation. the amount rec-
ommended will (subject to the provisions of the last sentence
of paragraph 14.7) become due and when due will be paid by
OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
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representation by ENGINEER to OWNER. based on ENGI-
NEER's on-site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
NEER's review of the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the point indicated: thaI. to the best of ENGI.
NEER's knowledge. information and belief. the quality of
the Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. to the results of any
subsequent tests called for in the Contract Documents. to a
final determination of quantities and classifications for Unit
Price Work under paragraph 9.10. and to any other qualifi.
cations stated in the recommendation): and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that exhaus.
tive or continuous on-site inspections have been made to
check the quality or the quantity oi the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or that there may not be other matters
or issues between the parties that might entitle CONTRAC.
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
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14.6. ENGINE~R's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR's being entitled to final payment as set forth in paragraph
14.13 have been fulfilled.
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14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGINEER's opinion. it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment. or. because of subsequently discovered evidence or
the results of subsequent inspections or tests. nullify any such
payment previously recommended. to such extent as may be
necessary in ENGINEER's opinion 10 protect OWNER from
loss because:
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l~. 7. I. the Work is defecril'e. or completed Work has
been damage? requiring correction or replacement.
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ren Amenume:nt or Change Order.
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1~.7.3. OWNER has bee:n required to correct de.fi'c-
rh'e Work or complete Work in accordance with paragraph
13.14. or
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14.7.4. or ENGINEER's actual knowle:dge of the:
occurrence of any of the events enumerated in paragraphs
15.2.1 through 15.2.9 inclusive.
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OWNER may reiuse to makt: payment of the full amount
recommended by ENGINEER because claims have: be:en
made against O\VN ER on account or CONTRACTOR's per-
formance or furnishing of the Work or Lie:ns have: been file:d
in connection with the: Work or there are other ite:ms entitling
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OWNER to a set-off against the amount recommended. but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for such
action.
Substantial Completion:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. If ENGINEER does not con-
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete.
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be anached to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If. after considering such objec-
tions. ENGINEER concludes that the Work is not substan-
tially complete. ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACtOR in writing. stating the reasons therefor. If.
after consideration of OWNER's objections. ENGINEER
considers the Work substantially complete. ENGINEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative lisl of items to be com-
pleted or corrected) reflecting such changes from the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWN ER. At the time of delivery
of the tentative cenificate of Substar.tial Completion ENGI-
NEER will deliver to OWNERand CONTRACTOR a wrinen
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR with
respect to security. operation. safety. maintenance. heat.
utilities. insurance and warranties. unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the: definitive
certificate of Substantial Completion. ENGINEER's aiore-
said recommendation will be. binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right tu exclude CON-
TRACTOR from the: Work after the date of Substantial Cum-
pktion. but OWN ER shall allow CONTRACTOR reasonable
access to cumplele or correct items un the tentative list.
Partial t.:rili:u.tion:
14.10. Use by OWNER of any finished part of the Work.
which has specifically bt:en identified in the Cuntract Du.:u-
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ments. or which OWNER. ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and use able
pan of the Work that can be used by OWNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Work. may be accomplished prior to
Substantial Completion of all the Work subject to the follow-
ing:
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14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
pan of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees. CONTRACTOR will cenify to OWNER
and ENGINEER that said pan of the Work is substantially
complete and request ENGINEER to issue a certificate of
Substantial Completion for that pan of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
pan of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a cenif.
icate of Substantial Completion for that pan of the Work.
Within a reasonable time after either such request. OWNER.
CONTRACTOR and ENGINEER shall make an inspec-
tion of that pan of the Work to determine Its s.atus of
completion. If ENGINEER does not consider that part of
the Work to be substantia1ly complete. ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of the
Work to be substantially complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respectto cenification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
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14.10.2. OWNER may at any time request CON-
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security. operation. safety. maintenance. utilities. insur-
ance. warranties and guarantees for that part of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ.
ing and so informed ENGINEER\. During such operation
and prior to Substantial Completion of such pan of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to
complete other related Work.
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14.10.3. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Fi1uJllnspeclioll:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed ponion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or d~f~criv~. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi.
ciencies.
Fi1uJlApp~lI~rP~meM:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instrUctions. schedules. guaran-
tees. Bonds. cenificates of inspection. marked-up record
documents (as provided in paragraph 6.19) and other docu-
ments-all as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16). CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract Documents. together with complete and legally
effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Wort.. In
lieu thereof and as approved by OWNER. CONTRACTOR
may furnish receipts or releases in full: an affidavit of CON-
TRACTOR that the releases and receipts include all labor.
services. material and equipment for which a Lien could be
filed. and that all payrolls. material and equipment bills. and
other indebtedness connected with the Work for which
OWNERorOWNER's property might in any way be respon-
sible. have been paid or otherwise satisfied: and consent of
the surety. if any. to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full. CON.
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien,
Firuzl P~ment and Accepumce:
14.13. If. on the basis of ENGINEER's observation of
the Work during constrUction and final inspection. and
ENGINEER's review of the final Application for Payment
and accompanying documentation-all as required by the
Contract Documents. ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled. ENGI-
NEER will. within ten days after receipt of the final Appli-
cation for Payment. indicate in writing ENGINEER's rec-
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of paragraph 1.4.16.
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Otherwise. ENGINEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final payment. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thii1y days after presentation to OWNER of the
Application and accompanying documentation. in appropri-
ate form and substance. and with ENGINEER's recommen-
dation and notice of acceptability. the amount recommended
by ENGIN EER will become due and will be paid by OWNER
to CONTRACTOR.
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14.14. If. through no fault of CONTRACTOR. final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms. OWNER shall.. upon receipt of CON-
TRACTOR's final Application for Payment and recommen.
dation of ENGINEER. and without terminating the Agree-
ment. make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment. and if Bonds have been furnished as required in para-
graph 5. I. the written consent of the surety to the payment
of the balance due for that portion of the Work fully com.
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov-
erning final payment. except that it shall not constitute a
waiver of claims.
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Contractors Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress
or final payment by ENGINEER. nor the issuance of a cer-
tificate of Substantial Completion. nor any payment by
OWNER to CONTRACTOR under the Contract Documents.
nor an\. use or occupancy of the Work or any part thereof by
OWNER. nor any act of acceptance by OWNER nor any
failure ro do so. nor any review and approval of a Shop
Drawing or sample submission. nor the issuance of a notice
of acceptability by ENGINEER pursuant to paragraph 14.13.
nor any correction of defecti\'e Work by OWNER will con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation ro perform the Work in accordance with the Contract
DOl:uments (except as provided in paragraph 14.161.
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Wail'U ofC/aims:
1-1.16. The making and acceptance 01 tinal pa\.ment will
constl!ute:
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1-I.16.\. a waiver of all claims b\. OWNER against
CONTRACTOR. except claims ansing from unsellbl
Liens. from ,/('/,'('(i,.,' Wurk appeanng after tinal inspec-
till." pursuant to paragraph 1-1.11 ur from failure [ll comph
\\ nh [he Cuntral:t Documents ur [he terms uf any special
guarantees spcl:ified therein: however. it will not consti-
tllte a \\.ai\'er h\' OWNER of any fights in respect llf
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CONTRACTOR's continuing obligations under the Con-
tract Documents; and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE 15-SUSPENSION OF WORK AND
TERMINA nON
Owner May Suspend Work:
15.1. OWNER may. at any time and without cause. sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time. or both.
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles II
and 12.
Owner May Tenni1UJle:
15.2. Upon the occurrence of anyone or more of the
following events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title II. United
States Code). as now or hereafter in effect. or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency:
15.2.2. if a petition is filed againsl CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in etTecI at lhe lime of filing. ur if a pelition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency.:
15.2.3. if CONTRACTOR makes a general assignment
for the benefit of creditors:
15.2.-1. if a trustee. receiver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authority to take charge
of propertv of CONTR.-\CTOR is for the purpose of
enforcing a Lien against such properlY or for the purpose
of general administration of such property for the benefit
of CONTRACTOR's creditors:
15.2.5. if CONTRACTOR admits in wriling an inabil-
ity to pay its debts generally as they bel:l)me due;
15.2.6. if CONTRACTOR persistently fails to perform
the Work in aCl:ordanl:e with the Contract Documents
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(including. but not limited to. failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from. time to time):
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15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body -having jurisdiction:
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER: or
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15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments:
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OWNER may. after giving CONTRACTOR (and the surety.
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations. terminate the services
of CONTRACTOR. exclude CONTRACTOR from the site
and take possession of the Work and of all CONTRACTOR's
tools. appliances. construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion). incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere. and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct. indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers. architects. attor-
neys and other professionals and coun and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance. CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rightS
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work performed.
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15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER. OWNER may. without cause and
without prejudice to any other right or remedy. elect to aban-
don the Work and terminate the Agreement. In such case.
CONTRACTOR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses. which
will include. but not be limited to. direct. indirect and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects. attorneys and other professionals
and co un and arbitration costs).
Collll'rlCtOr May Stop Work or TermimJu:
15.5. If. through no act or fault of CONTRACTOR. the
Work is suspended for a period of more than ninety days by
OWNER or under an order of coun or other public authority,
or ENGINEER fails to act on any Application for Payment
within thirty days after it is submitted. or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due. then CONTRACTOR may. upon seven
days' written notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement. if ENGINEER has failed to act on an Appli-
cation for Payment or OWNER has failed to make any pay-
ment as aforesaid. CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
_ [The remainder of this page was left blank intentionally.J
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ARTICLE l6--ARBITRATION
16.1 All claims, disputes and other matters in question between
OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu-
ments or the brea~h thereof shall be decided under Georgia Law. in the
Superior Court of Richmond County, Georgia.
(The remainder of this page was left blank intentionally.)
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ARTICLE 17-MISCELLANEOUS
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Giving Notice:
17.1. Whenever any provIsIon of the Contract Docu-
ments requires the giving of written notice. it will be deemed
to have been validly given if delivered in person to the indi-
vidual or to a member of the firm or to an officer of the
corporation for whom it is intended. or if delivered at or sent
by registered or cenified mail. postage prepaid. to the last
business address known to the giver of the notice.
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CompUllUion of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days. it will be computed to exclude
the first and include the last day of such period. If the last
day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable
jurisdiction. such day will be omitted from the computa-
tion.
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17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
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General:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or propeny because of any error. omis-
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sion or act of the other pany or of any of the other pany's
employees or agents or others for whose acts the other pany
is legally liable. claim will be made in writing to the other
pany within a reasonable time of the first observance of such
injury or damage. The provisions of this paragraph 17.3 shall
.nol. be construed. as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the panies hereto. and. in panicular but without
limitation. the warranties. guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.30. 13.1. 13.12. 13.14.
14.3 and 15.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder. are in addition to.
and are not to be construed in any way as a limitation of. any
rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations. by
special warranty or guarantee or by other provisions of the
Contract Documents. and the provisions of this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each panicular duty. obliga-
tion. right and remedy to which they apply. All representa-
tions. warranties and guarantees made in the Contract Doc-
uments will survive final payment and termination or com-
pletion of the Agreement.
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SUPPLEMENTARY CONDITIONS
1.1 OWNER'S LIABILITY & PROPERTY INSURANCE:
Section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General
Conditions shall be amended as follows:
No additional liability or property insurance will be
purchased by Augusta-Richmond County for this project.
Current insurance coverages will remain in effect for
the life of this Contract.
1.2 CONTRACTOR'S LIABILITY:
As indicated under Section 5.3 of the General Conditions,
the Contractor's Liability Insurance shall be in an amount not
less than $200,000 for injuries, including accidental death, to
anyone person, and subject to the same limit for each person,
in an amount not less than $500,000 on account of one accident,
and Contractor's Property Damage Insurance in an amount not
less than $100,000 for all property damage sustained by anyone
person in anyone accident; and a limit of liability of not
less than $200,000 for any such damage sustained by two or more
persons in anyone accident.
The Contractor shall either (1) require each of his
subcontractors to procure and to maintain during the life of
his subcontract, Subcontractor's Liability and Property Damage
Insurance of the type and in the same amounts as specified in
the preceding paragraph, or (2) insure the activities of his
subcontractors in his own policy.
1.3 SPECIAL HAZARDS:
The Contractor's and his Subcontractor's Liability and
property Damage Insurance shall provide adequate protection
against the following special hazards:
(a) Work within the right-of-rways of the Augusta-Richmond
County Road System.
(b) Work within easements granted by property owners in
connection with the construction of the project.
(c) Work in close proximity to existing water lines,
power lines, telephone lines, gas lines, other
utilities and private structures contiguous to the
job site.
SC-1
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1.4 TESTING LABORATORY:
All testing and laboratory work in connection therewith
shall be performed by an independent firm and paid for by the
Contractor. Copies of all test reports shall be forwarded to
Augusta-Richmond County Public Works. There will be no
separate payment for this work.
1. 5 SURVEYS:
The Contractor will provide surveying for construction
staking, horizontal control and vertical control as necessary.
1.6 PROGRESS PAYMENT:
section 14.2 of the General Conditions shall be amended as
follows:
The contractor may submit monthly estimate for work
completed and materials properly stored as approved
by the Engineer. When an estimate includes
materials stored, a bill of sale, invoice or other
documentation warranting that the Owner is receiving
the material free and clear of all liens, charges,
security interest and other encumbrances shall be
attached to the payment request.
1. 7 ENGINEER:
All references to "Engineer" shall be interpreted to mean
the Augusta-Richmond County Engineer, or his official designee.
1.8 UNDERGROUND UTILITIES:
(References 4.3, 1.4, 3.2)
The Contractor shall coordinate with all utility companies
through the "one call" method or other appropriate steps to
locate and avoid damage to all utilities that may affect or be
affected by the Contractor's work.
1.9 SAFETY:
(Reference 6.20)
The Contractor shall use certified flagmen, barricades and
signs as necessary to notify the public, in particular those
persons driving in the vicinity of the project, of the
construction and its affect on traffic.
SC-2
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SECTIONP
PROPOSAL
..
Date:
0;GL'1 61"d 'l79( '"
/
..
Gentlemen:
..
In compliance with your invitation for bids dated
(p- 7 - , 19 CJC-, the undersigned hereby proposes to furnish
all labor, equipment, and materials, and to perform all work
for the installation of streets, and appurtenances referred
to herein as:
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Paving various Roads, Phase IV (Louisa Road)
Project Number: 57-8708-096
..
in strict accordance with the Contract Documents and in
consideration of the amounts shown on the Bid Schedule
attached hereto and totaling:
,,,ml1,,AJ. ,.J~j~ -rL...1~g,..J.J ~7
- ~
AA~..P._ rI- J~ DOLLARS ($ 2-75. '7c,C}. (')0
.
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The undersigned hereby agrees that, upon written
acceptance of this bid, he will within 10 days of receipt of
such notice execute a formal contract agreement with the
OWNER, and that he will provide the bond or guarantees
required by the Contract Documents.
.-II
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The undersigned hereby agrees that, if awarded the
contract, he will commence the work within 10 calendar
days after the date of written notice to proceed, and that he
will complete the work within 150 calendar days.
--
The undersigned acknowledges receipt of the
following addenda:
.
.
Respectfully Submitted
"B:,LA.. \ \2 ('.-OM 0--. ,/2 I )(' .:r InN) -:LAIr ,
(Name of Firm)
.
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P,o, "&')>< r-;')n ~VMS. ('.,A. c.~
(Busine~s Address) '-*-~
By: WA~~ K.~~^
Title: OtU4~.-tJ~~
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To remain progressive in this computer oriented age' Augusta-
Richmond County is making the blank spreadsheet of bid items and
quantities available via diskette. It is necessary to have a
Lotus based spreadsheet program with the WYSIWYG application to
access this tool.
In order to obtain a copy, proof of purchase of the bid package
must be provided and either a 3.5 inch or 5.25 inch diskette
supplied. The spreadsheet will then be copied onto YOUR diskette
at no additional charge by Cheryl Nelson in the Finance
Department, Room 211 of the Municipal Building.
A hard copy of all bid document pages must be turned in for bid
as before along with proper bonding. The diskette is NOT a
substitute for the bid quote and is NOT to be turned in for the
bid quote.
P-2
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PAVING VARIOUS ROADS, PHASE, PHASE IV
LOUISA ROAD
PROJECT NUMBER: 57-8708-096
DETAILED ESTIMATE
0-1124/96
~:ll'29PM
, UNIT , QTY UNIT
TEM NO. DESCRIPTION PRICE AMOUNT
ROADWAY & STORM DRAINAGE ITEMS
;] 63-205] :CONSTR MAINT & REMOVE BALED
'STRAW EROSION CHECK
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: 171-0010 ;TEMPORARY SILT FENCE, TP A
I LNFT
LNFT '
1207-0203 ,FOUND BKFILL MATL, TP II CU YD
:230-1000 iLUMP SUM CONSTRUCTION : LUMP :
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:303-0128 ,TPSL. SO-CL BASE, CL A, 8 IN, INCL MAT: SQ YD
1318-3000AGGR SURF CRS TON
:402-0011 iRECYCLED ASPH CONC B, GP I OR 2, INCL
BITUM MA TL
:402-0013 RECYCLED ASPH CONC E, GP I OR 2, INCL
BlTUM MA TL
:413-1000 BlTUM TACK COAT
1441-0204 :PLAIN CONC DITCH PAVING, 4 IN,
,
1500-3800 CLASS A CONCRETE INCL REINF STEEL
(1125 HEADWALLS)
1550-1180 iSTORM DRAIN PIPE, 18 IN, H 1-10 RCP
:550-1240 'STORM DRAIN PIPE, 24 IN, H 1-10 RCP
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:550":1300 :STORM DRAIN PIPE. 30 IN, H ]-10 RCP
,
:550-1360 ISTORM DRAIN PIPE, 36 IN, H 1-10 RCP
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550-2180 'SIDE DRAIN PIPE, 18 IN, H 1-10. BCCMP
;550-2240 !SIDE DRAIN PIPE, 24 IN, H 1-10. BCCMP
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1815 MARVIN GRIFFIN RD.
AUGUSTA, GEORGIA 30906
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PAVING VARIOUS ROADS, PHASE IV (LOUISA ROAD)
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.
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. Adjusting shall not be done until the top
finished layer of asphalt is cured as determined by the
Engineer.
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:
(Waterline Only)
The Contractor shall furnish a legible set of "as-built"
plans, in good condition, to the Waterline Inspector no later
than the date of the waterline Final Inspection. Such plans
shall have all significant changes marked in red. The
Waterline Inspector shall review the marked plans for
accuracy, legibility and completeness. As-built plans,
approved by the Waterline Inspector, must have the Waterline
Inspector's signature on the cover sheet. No "as-built" plans
will be accepted without the approval of the Waterline
Inspector.
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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 or minor structures
(pipe, box culverts, manholes, catch basins, drop inlets,
etc.). Compaction shall be achieved using approved tamps and
soil layers of approximately 6 inches (loose measure) and in
accordance with Georgia Department of Transportation Standards
1030-D and 1401. Backfilling operations of this nature shall
not begin until the Contractor has on hand all equipment in
good working condition, and competent operators.
The backfilling of pipe and other minor structures shall be in
accordance with Georgia Department of Transportation Standard
Specifications, Current Edition. Backfilling with sand using
jetting and/or flooding will not be allowed in any case without the
written permission of the Engineer.
CONCRETE:
The Contractor shall have a slump cone on the project at all
times when concrete is being placed. He shall, in the
Engineer's presence, perform slump tests as directed by the
Engineer. Tests shall be performed by qualified personnel
with a properly cleaned slump cone. Allowable slumps are 2"
minimum and 4" maximum. Class "A" concrete shall have a
minimum of 611 lbs. cement per cubic yard. Class "B" concrete
shall have a minimum of 470 lbs. cement per cubic yard.
Concrete not meeting these requirements will be rejected by
the Engineer.
CONSTRUCTION:
At locations where new pavement is to be placed adjacent to
existing pavement without an overlay or where curbing is to be
placed across paved parking lots, a joint shall be sawed on a
line to ensure pavement removal to be neat. Only those joints
sawed in concrete pavement will be paid for under the pay item
- Sawed Joints...Per Linear Foot when shown in the contract as
a specific pay item.
The Contractor shall provide borrow and/or waste pits for this
project. All pits acquired for use on this project shall be
reclaimed in accordance with Section 160 of the Standard
Specificatiohs. The Contractor's attention is directed to
Subsection 107.23 of the Specifications.
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All storm drain pipe, side drain pipe, pipe culvert wingwalls,
steps, retaining walls, curbs and gutters, headwalls, all
types of pavement, wooden structures, except those
specifically shown as a removal pay item shall be removed as
Lump Sum Construction.
CONSTRUCTION LAYOUT:
No fields surveys have been done on this proj ect. The
Contractor will establish the centerline to conform to the
existing right-of-way. See section 149 of the Standard
Specifications. There will be no separate payment for
construction layout.
DESIGN ALTERATIONS:
The Commission-Council recognizes that various changes in
design may be made as the project progresses. Any requests
for additional payment will be processed based on actual work
in place and the unit prices submitted as a part of this bid.
Items not covered in this bid shall be priced separately and
no work shall be done on these items until approved, in
writing, by the Engineer.
DRIVEWAYS:
Ingress and egress shall be maintained at all times to
adjacent properties, unless otherwise noted in the plans.
All driveways are to be paved to the right-of-way line with
Asphaltic Concrete.
Ingress and egress shall be maintained at all times to
adj acent properties, unless otherwise noted in the plans. All
valley gutter drives shall conform to Standard 6050 or 9031-J.
DRIVEWAYS:
The item aggregate surface course is for use as surface for
unpaved drives and 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
modif ied 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.
All driveways that are to be reconstructed shall be replaced
in kind i.e., asphalt for asphalt, concrete for concrete, and
aggregate surface courses for earth. The driveway locations
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indicated on the plans are from the best available data. The
Contractor shall obtain the approval of the Engineer prior to
making any revisions such as to location, width, and/or number
of drives to be constructed where required.
EROSION AND SEDIMENT CONTROL:
The Contractor shall be responsible for all soil erosion and
sediment control practices. All on-site erosion control shall
comply with local Augusta-Richmond County erosion and sediment
control ordinances. The cost of this work shall be included
in the cost of the project unless shown as a separate pay
item.
EXCESS MATERIAL:
All excess material is to be disposed of as directed by the
Engineer or as noted in Subsection 107.23 of the
Specifications.
FENCE:
All new fence called for on the plans and/or contract
documents shall meet the requirements of Section 643 of the
Georgia Department of Transportation Standard Specifications,
current edition. New fence not meeting these Specs will be
rejected.
In contracts where remove and reset fence items are involved
(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 it's
installation.
In accordance with Subsection 643. 03D the Contractor must
furnish positive locking devices, padlocks and keys with all
gate assemblies.
FINISHING AND DRESSING:
All unpaved and natural areas whiCh are disturbed by the
construction of this project are to be returned to the pre-
existing shape and slope and then finished and dressed. No
separate payment will be made for grassing, fertilizing and
mulching of disturbed areas, unless specifically shown as a
pay item.
FLAGGING:
Flaggers shall be provided as required to handle traffic, as
specified in the Plans or Special provisions, and as required
by the Engineer.
All flaggers shall meet the requirement of part 6F of the
MUTCD and must have received training and a certificate upon
completion of the training from a Department approved training
program. Failure to provide certified flaggers as required
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above shall be reason for the Engineer suspending work
involving the flagger(s) until the Contractor provides the
certified flagger(s).
Flaggers shall wear a fluorescent orange cap or hat, and a
fluorescent orange vest, shirt, or jacket, and shall use a
stop/Slow paddle meeting the requirements of section 6F-2 of
the MUTCD for controlling traffic. The Stop/Slow paddle shall
have a shaft length of six (6) feet minimum. In addition to
the flag as an additional device to attract attention. For
night work, the vest shall have reflectorized stripes on front
and back.
Signs for flagger traffic control shall be placed in advance
of the flagging operation in accordance with the MUTCD. In
addition to- the signs required by the MUTCD, signs at regular
intervals, warning of the presence of the flagger shall be
placed beyond the point where 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
Standard 1030-D and Section
Specifications. No separate pay
material or its placement.
I shall conform to Georgia
207 of the Standard
item will be made for this
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-C or as directed by the
Engineer. Payment shall be per cubic yard unless otherwise
specified in the contract.
GRADING:
In contracts where grading, including excavation for drainage
structures, is accomplished under Section 210 (Grading
Complete or Grading Per Mile) or Section 230 (Lump Sum
Construction) the Lump Sum amount bid will include all work
necessary to obtain the line, grade and compaction in
accordance with the specifications and other contract
documents. There will be no separate payment for any work of
this nature including borrow and the removal of unsuitable
and/or unstable material. However, the Contractor shall make
whatever investigations he deems necessary to determine the
extent of any borrow or removal necessary to meet contract
requirements. If it develops that removal of
unsuitable/unstable materials quantities could not have been
predicted by the Contractor from a reasonably thorough
investigation of project conditions, the Contractor may
request negotiation for payment for excavation of this nature
in areas where the depth exceeds three (3) feet below
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subgrade. The Owner will consider negotiation only when this
type of removal is excessi ve and the Contractor provides
evidence that he thoroughly investigated project conditions
prior to entering his bid. only those quantities in excess of
three (3) feet below finished subgrade and/or normal
excavation for drainage structures, ordered by the Engineer,
will be considered for payment.
GRASSING AND EROSION CONTROL:
The Contractor shall bid on grassing, lump sum, and it shall
be his responsibility to determine the actual area to be
grassed. No claims will be considered for extra compensation
if the Contractor relies on plan information to prepare his
bid.
All slope areas are to be grassed unless shown otherwise on
plans. Temporary grass is required if permanent grass season
is out.
The Contractor shall be responsible for all soil erosion and
sediment control practices including Temporary Grassing,
Temporary Mulch and other temporary measures. All on-site
erosion control shall comply with local erosion and sediment
control ordinances. The cost of this work shall be included
in the cost of the project unless shown as a separate pay
item.
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 pay will be made for grassing, fertilizing and
mulching of disturbed areas, unless specifically shown as a
pay item.
Discontinued roads or other areas inside or outside the
project construction limits, but within the existing or
required right-of-way, shall be obliterated and restored as
nearly as possible to the original contour of the ground (See
Section 405 of the standard Specifications). No separate
payment will be made for this work.
Where item number 700-6001 is shown as a pay item Georgia
Department of Transportation Specifications are modified to
provide that the lump sum price bid shall be full payment for
all fertilizer, lime and nitrogen. No separate measurement
for payment will be made for any work or materials required to
accompliSh a stand of permanent grass.
INFESTATION:
The entire project is considered to be within the limits of an
insect infested area. The Contractor's attention is called to
the following sections of the Standard Specifications: (A)
155 Insect Control (B) 893 Miscellaneous Planting Materials.
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INSPECTION:
This project will be inspected by the Engineer or his
Representative. Inspection of the waterline and associated
incidentals will be inspected by an inspector furnished by the
Suburban Water and Sewer Department (706-796-5000)
MISCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structure such as Catch Basins,
Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain
Inlets, Special Inlets, etc. whether standard or special
design shall be paid for Per Each. There will be no separate
payment for additional depth unless specifically shown as a
pay item. NOTE: All Catch Basins, Drop Inlets, Manholes,
exposed Junction Boxes, etc. with concrete topslabs shall
include manhole rings and covers.
PAYMENT FOR PIPE CULVERT INSTALLATION:
1. Payment for pipe culvert or utility installation includes
sawing and/or cutting and removing existing pavement and
replacing the pavement as specified in accordance with
Standard 1401.
2. Payment for pipe culvert includes plugging existing pipe
with Class "A" or "B" concrete (See Georgia Standard
9031-L).
3. Payment for pipe culvert includes any required concrete
collars (See Georgia Standard 9031-U).
PIPE CULVERTS:
Unless otherwise noted, all cross drain pipe are to be
reinforced concrete.
All required pipe culverts shall be in accordance with
Standard 1030-D.
Foundation Backfill Material Type I shall conform to Georgia
Standard 1030-D. No separate pay item will be made for this
material or its placement.
Payment for pipe culvert or utility installation includes
sawing and/or cutting and removing existing pavement and
replacing the pavement as specified in accordance with
Standard 1401. Payment for pipe culvert includes plugging
existing pipe with Class "A" or "B" concrete and for
constructing concrete collars.
The Contractor shall include in his price bid for pipe, the
additional cost of bends, tees, fasteners, appropriate gaskets
(see Section 848 of the Standard Specifications), and
structure excavation.
PRECAST CONCRETE UNITS:
Precast Concrete Units, other than those specifically allowed
by Georgia Department of Transportation specifications, such
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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.
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
m~intenance 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 pa~ent 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 and are
responsible for the security of pets and/or personal property
through the use of temporary fence if necessary. No separate
payment will be made for this work except when shown as a
separate pay item.
RIGHT-OF-WAY AND EASEMENTS:
The Contractor shall. not perform any work outside the limits
of the right-of-way or easements. In addition, no equipment
or material shall be placed outside these areas without
written permission of both the property owner and the
Engineer.
In the event that the Contractor elects to utilize private
property for any purpose connected with the project such as,
but not limited to, staging areas, equipment and/or material
storage or simply as a convenience, he shall submit a written
agreement to the Engineer containing vital information such as
limits of both area and time the property is to be utilized
and a description of the intended use. The agreement must be
signed by both the property owner and the Contractor and will
be reviewed and recorded by the Engineer. Such agreements
must be submitted prior to the Contractor's use of the
property.
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SALVAGEABLE MATERIAL:
As directed by the Engineer or his Representative, all
salvageable materials, such as drainage pipe, which require
removing but are not to be used on this project, are to be
stored within the right-of-way by the Contractor. These
materials shall be picked up and transported by Augusta-
Richmond County forces.
SHOULDER WORK:
All necessary cleaning of the existing pavement including
clipping of shoulders required prior to resurfacing shall be
the responsibility of the Contractor. The material displaced
shall be removed, lowered or spread over the shoulder to an
elevation and slope which will provide adequate drainage. The
cost of such work shall be included in the prices bid for
other items
SPECIFICATIONS:
This project is based upon, and shall be constructed in
accordance with, the State of Georgia Department of
Transportation Standard specifications for Construction of
Roads and Bridges, current Edition and any supplements
thereto. All of these specifications shall be considered as
though fully contained herein. In cases where conflicts arise
within these specifications, they will be revised to resolve
such conflict. until the conflict is resolved, the
interpretation of the Engineer shall control the situation.
SPECIFICATIONS, STANDARDS AND OTHER DATA:
All references in this document, which includes all papers,
writings, documents, drawings, or photographs used, or to be
used in connection with this document, to State Highway of
Georg ia , sta te Highway Department, Highway Department, or
Department when the context thereof means the Georgia
Department of Transportation mean, and shall be deemed to
mean, Augusta-Richmond County, Augusta-RiChmond County
Commission-Council Department of Engineering Services.
The date, together with all other information shown on these
plans, or indicated in any way thereby, whether by drawings or
notes or in any other matter, are based upon field
investigations and are believed to be indicative of actual
conditions. . However, the same are shown as information only,
are not guaranteed, and do not bind Augusta-RiChmond County,
Georgia in any way. Only the actual quantities completed and
accepted will be paid for. The attention of the bidder is
specifically directed to Subsections 102.04, 102.05, and
104.03 of the Standard Specifications, of the Georgia
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
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Roads and Bridges, current Edition and any supplements
thereto. All of these specifications shall be considered as
though fully contained herein. In cases where conflicts arise
within these specifications, they will be revised to resolve
such conflict. until the conflict is resolved, the
interpretation of the Engineer shall control the situation.
This project shall be constructed in accordance with current
Georgia Department of Transportation Roadway Standards.
SUBCONTRACTORS:
The Contractor shall furnish the official name of all firms he
proposes to use as Subcontractors in the work. This information
should be furnished at the Preconstruct ion Conference. However, no
work shall be done on this project by a Subcontractor until the
Contractor receive written approval of his Subcontractor(s) from
the Engineer. The Engineer shall notify the Contractor, in writing
within 10 calendar days whether or not approval of the
Subcontractor(s) is granted.
SUPERELEVATION:
All horizontal circular curves are to be superelevated in
accordance with Georgia Standard 9028-C as directed by the
Engineer.
TESTING OF THE WORK:
The Contractor shall employ a qualified materials testing
laboratory to monitor more fully the quality of materials and
work and to perform such tests as may be required under the
contract documents as conditions for acceptance of materials
and work. THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS
PROPER TO CONTROL THE QUALITY OF THE WORK.
Concrete compressive strength
project (see Section 500 of
Transportation specifications).
where necessary.
tests are required on this
the Georgia Department of
Other tests may be required
All test results are to be submitted to the Engineer. No
separate payment will be made for employing the testing
laboratory or any required te~ts.
On projects that include asphaltic concrete, cores shall be
cut in the asphaltic concrete at random locations, selected by
the Engineer, to verify thicknesses. A minimum of three (3)
cores per mile or three (3) cores per project, whichever is
greater, shall be cut by the Contractor. If all thicknesses
are satisfactory, in accordance with Section 400 of the
Department of Transportation Specifications, no further cores
will be required. If cores indicate an unsatisfactory
thickness, additional cores, as determined by the Engineer and
at locations of the Engineer's choosing, shall be cut to
determine the extent of the unsatisfactory thickness.
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Corrections as shown in Section 400 of the Department of
Transportation Specifications shall be made where required.
There will be no separate payment for cutting cores, filling
core holes or corrective work. Payment shall be included in
the price bid for asphaltic concrete items or in the overall
bid price of the contract.
TEST ROLLING:
Prior to placing any base course the subgrade shall be test
rolled on six feet centers using a loaded dump truck or other
equipment approved by the Engineer.
TRAFFIC CONTROL:
The Contractor shall provide construction signs in accordance
with requirements of "Manual on Uniform Traffic Control
Devices for Streets and Highways", current edition with added
supplements and special provisions.
The attention of the Contractor is specifically directed to
Subsection 107.09 of the Standard Specifications regarding
barricades, danger, warning, and detour signs.
All temporary signs, barricades, flashing lights, striping and
any other traffic control devices required during construction
of this project shall meet all requirements of the M. U.T.C.D.,
current edition, as directed by the Engineer and furnished by
the Contractor with payment in accordance with Section 150.
The Contractor shall so conduct his operations that there will
be a minimum of interference with, or interruption of, traffic
on the travelway. This applies to the initial installation
and the continuing maintenance and operation of the facility.
At least one-lane, two-way traffic shall be maintained at all
times unless approved otherwise by the Engineer. As a
minimum, the Contractor must comply with the manual on Uniform
Traffic Control Devices, current edition and Georgia Standard
9102.
TRAFFIC CONTROL DEVICES:
The Contractor shall provide all temporary traffic control
devices needed to safely direct traffic through the
construction area.
All temporary traffic control devices are to be placed in
accordance with Georgia Department of Transportation standards
and specifications.
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.
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The Contractor shall so conduct his operations that there will
be a minimum of interference with or interruption of traffic
upon and along the highway. This applies to the initial
installation and the continuing maintenance and operation of
the facility. At least one-lane, two-way traffic shall be
maintained at all times unless approved otherwise by the
Engineer. As a minimum, the Contractor must comply with the
Manual on Uniform Traffic Control Devices, current edition and
Georgia standard 9102.
UTILITIES:
The Contractor's attention is directed to the probability of
encountering private utility installations consisting of
sanitary sewers, water, sprinkler systems, ornamental light
systems, gas and underground telephone cables, etc. that
either are obstructions to the prosecution of the work and
need to be moved out of the way or, if not, must be properly
protected during construction. No separate payment will be
made for this work. Public utilities of this nature will be
handled by the utility owner.
THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS:
Georgia Power Company
Post Office Box 488
Augusta, Georgia 30904
Telephone (706)724-0892
Georgia Natural Gas Company
Post Office Box 1426
Augusta, Georgia 30913
Telephone (706)722-7791
Southern Bell Telephone
440 Walker street
Augusta, Georgia 30901
Telephone (706)828-8500
Jones Intercable, Inc.
1424 Monte Sano Avenue
Augusta, Georgia 30904
Telephone (706)736-6515
Augusta-Richmond Co. Water Works
2760 Peach Orchard Road
Augusta, Georgia 30906
Telephone (706)796-5000
Jefferson E.M.C.
Post Office Box 157
Hephzibah, Georgia 30815
Telephone (706)592-4531
UTILITIES:
All utili ty facili ties which are in conflict wi th
construction, not covered as specific items in the detailed
estimate, are to be removed and relocated to clear
construction by the respective owners, unless added later to
the contract as a supplemental item. All" above ground"
utility structures will be located as near as possible to the
right-of-way line.
The Contractor will not be paid for
expense caused by utility facilities,
other items not being removed or
construction in advance of his work.
any delays or extra
obstructions or any
relocated to clear
All known utility facilities are shown schematically on
highway plans, and not necessarily accurate in location as to
plan or elevation. Utility facilities such as service lines
or unknown facilities not shown on the plans will not relieve
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the Contractor of his responsibility under this requirement
except as noted below. "Existing utility Facilities" means
any utility facility that exists on the highway project in its
original, relocated or newly installed position.
other than service lines from street mains to the abutting
property the Contractor will not be held responsible for the
cost of repairs to damaged underground utility facilities when
such facilities are not shown on the plans and their existence
is unknown to the Contractor prior to the damage occurring,
providing the Engineer determines the Contractor has otherwise
fully complied with the specifications.
The following utility owners have facilities which may
conflict with construction of this project:
NAME OF UTILITY OWNER
TYPE OF FACILITY
Georgia Power Company
Georgia Natural Gas company
Jones Cable T.V.
Southern Bell Telephone
Augusta-Richmond Co. Water
and Sewer
Power
Gas
Cable
Telephone
Water, Sewer
The Contractor shall use the one-call center telephone number
1-800-282-7411 for the purposes of coordinating the marking of
underground utilities.
The Contractor's attention is directed to the probability of
encountering private utility installations consisting of
sanitary sewers, water, sprinkler systems, ornamental light
systems, gas and underground telephone cables that either are
obstructions to the prosecution of the work and need to be
-moved out of the way or, if not, must be properly protected
during construction. No separate payment will be made for
this work. Public utilities of this nature will be handled by
the utility owner.
UTILITY ACCOMMODATION POLICY:
In so far as possible work shall be scheduled so that
open excavations will not be left overnight. Where trenches,
pits or other excavations are within the clear roadside areas
and cannot be backfilled before leaving the job site, they
shall be covered by timbers or metal plates and protected by
reflectorized and/or lighted barricades as appropriate and as
directed by the Engineer. Barricades sufficient to prevent a
person from falling into an excavated or work area must be
erected in areas where these conditions exist.
VERTICAL GRADES:
No design grades are provided. The intent of this contract is
to simply grade the existing road in accordance with the
typical section providing minimum or better cover cross
drains. Grades shall be field adjusted to provide best
drainage, free of dips or bumps, providing a smooth, uniform
riding surface.
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S~ptember 13, 1991
April 7,
AprilS, 1993
First Uset May 28. 1993
First use 1993
July 1, 1993
DEPARTMENT OF TRANSPORTATIbN .
State of Georgia
1992
"
SPECnL PROVISION
HJDIFICATION OF SECnON 150 . ~ TRAFFic CONTROL
150.01 DESCRIPTION
Delete second sentence and substitute:
Activities shall consist of furnishing, installing, maintaining, and
removing necessary traffic signs, barricades, lights, signals, cones,
pavement markings and other traffic control d~vices and shall include
flagging and other means for guidance and protection of vehicular and
~destrian traffic through the Work Zone.
ISO.02 N.
Add:
N. All existinG pedestrian walkaways shall be maintained. Whenever
chang~s to the worksite necessitate changet to existing walkways,
temporary walkways shall be provided and maintained, with
appropriate signs as necessary, to allow safe passage of pedestrian
traffic.
150.03 B. SIGNS:
Retain as written aP..d add I
All construction warning signs shall bl removed within seven
calendar days after time charges are stopped or pay items are
complet~. Subsequent punch-list or other work to be performed
shall be accomplished utilizing temporary construction warning
signs that shall be r.emoved daily.
150.04 A. PAVEMENT MARKINGS:
Delete first sentence and substitute;
Generally, full pattern pavement markings in accordance with
Section 652 and in conformance with Section 3A and 3E, except 3B-3
and 3B-5, of the BUTCD are reouired on all courses before the
roadway is opened to traffic. No passing ~ones shall be marked to
conform to Section 150.04 E.
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150.04 D.l.b. NO PASSING ~
Delete first sentence and substitute:
Full nO~pa5sing zone markings ~hall be marked daily and conform to
Section 652 and in accordance with sections 3A and 3B, except 3B-3
and 3B-5. of the MUTCD. No passing :zonts .shall be marked to
conform to Section lSO.04E.
150.04.D.1.c.
Delete as written and add:
c. ~INESI
(1) Bituminous Surface Treatment Paving: Edgelines will not be
required on intermediate surfaces (including asphaltic
concrete leveling for bituminous surtace treatment paving)
that are in use for a period of less than sixty (60) calendar
days except at bridge approaches, on lane transitions, lane
shifts, and in such other areas as determined by the Engineer.
On the final surface edgelines must bt placed within thirty
(3D) calendar days of the time that the surface was placed.
(2) }Jl Other Types of Pavement: Edgeline! will Dot be required
on intermediate surfaces that are in ule for a period of less
than thirty (30) calendar days except at bridge approaches, on
lane transitions, lane shifts, and 'in such other areas as
determined by the Engineer. On the final surface edgelines
must be placed within fourteen (14) calendar days of the time
that the surface was placed.
150.04 E. Delete -APPLICATION OF TR.21.FFIC StRIPES. in heading of
Paragraph E. and add: APPLICATION OF PAVDIDIT HARKINGS
oelet~ second paragraph and substitut~:
Pavement markings shall re-establish ~o-passing zones in the
locations and configuration that existed prior to
construction. Existing oo.passing tones shall be clearly
identified as to ]ocation prior to construction by staking
or erection of · 00 NOT PASS I and.' PASt WITH CARE" signs. On
new Iocation projects and on projects where eitber
horizontal or vertical alignments h~ve peen modified, the
location of no-passing zones will be identified Py the
Engineer.
.150.05 - FI~ 150.B:
Delete .Note- and substitute:
.Note: Vertical panels or striped drums reauired for this
location, spaced at 50 ft. intervals.-
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ReV. February 25, 1991
Firs~ use: May 24. 1991
IEP.ARI:MrNr OF" '.IRA..~rn
. ' State of Georgia
. SUPPUMENrAL S?.E1:ITICATIOO
,
SECnCN 150 - ~ cntm:L
Delete Section 150 as written end substitute the folloo.ng:
150.01 ~rn; ~s section ~ ~lerrerrted by the Plans,
se:ific.ations, and!1lfI(!) shall be considered the 'IIaffic Control Plan.
kti. vi ties shall consist of furnishing, installing, maintaining, and
r~ing necessary traffic signs, barricades, lights, signals, ccoe.s,
pavement markings and other traffic" control devices and shall include
flagging and other m:ans for guidance and protection of traffic thrOl.lgh
the Work Zone. This W:xk ~l fuel ude 00th" zraint.aining existing
devices (excluding '!raff ic Signals) and inst:.a1ling additional &:vices
as necessary in cons....ruction work.~. ;men any provisions of this
Specification or the plans do not ~t the rni.nimum requirerrents of the
ttoanual on Unifo.r:m !D:affic Control Dev.ices (MIJICD) r c:urrent. edition, the
MI.J'!O) cont..""Ols .
A. '!:he c.ontractor s.~l designate a qUalified indi vi&Jal ~ th2
Worksite Traffic Control Supervisor (WICS) \11m shall I::€ resronsili1e for
selecting, i.ns-...Elling and rnaintai.ni.n9 all traffic control deviCO-5 in
;,""coraancs with the Plans, SoecificatiCl!'lbr S::::ecial Provisions and
M:1'ICO. ~ individual's traffic control resp'::;nsibili ties shall have
priority over ell Qt.her assigned duties.
1-.5 the re?I"esentrt:l ve of the COntractor, the W!CS shall have full
authority to act en l:ehalf of the Contre.ct.or in administering the
Traffic Control Pl~. 'Ihe wrcs shall have tl:ppr~ril!te tra.in.i.ng in safe
traffic control practices in ac:cordance witll Section 6A-6, part. VI of
the WILD. In aodi tic:n to the wrcs all others making ~isicns
regarc1ing traffic control m:JSt neet the training requirerents of
Section 6A-6 of the MIJICD. an projects \oIhere traffic control duties
will not require full t.irre supervision, the Enginee!' nay allCM the
ContractOr's Project Superintendent to serve as the wrcs as long as
satisfactary results are cbt:ained. The wrcs shall have a cqJy of th2
MUTCD, current edition, en the jcb site.
Ccpies of 'the current Mm:D may be cbt.ained fran:
Su:oerinten&mt of D:curents
U.S. ~t Printing Office
Washingtal, D.C. 20402-9325
'!he WICS shall be available 00 a 24-hour basis as need2d to rraintain
traffic ccnt.rol devices with ac:=eSS to all personnel, tnaterials and
equip:rent necessary to reSfCnd eff ecti ve1y to an erergency si tuation
within forty-five (45) minutes of notificatioo of th9 energen.ey.
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':!he wrcs shall SLlpervise the initial installroon of traffic control
_ devices 10lhich wi..ll be. reviewed by the Engi.nee.!- prior to the peginning
of const.rU----tion. M:xtifications to traffic control oevice.s as required
by sequence of cperations or staged const:ruct1on In.,Jst he revie~ by
the WICS. "!he mcs shall regularly perform intpections to ensure 'that
traffic o:ntrol is .rnaintained.
B.- All traffic control c?evices used durinlj the construction of ~
project shall neet the Standards ut";' i 7~ in the MlJ'ICD, and shall
~ly with the requi.rerents of these SpeCifj.cations, Project planS,
and SpeCial Provisions. Reference is made to SUb-secticns 104 . 05, .
107.07, and 107.09.
C. 1Ul ref1ect.arizrtion for traffic cart:rol devices shall neet the
requi.remmts. of Sect.icn 913, Type 1 r unless ot:,herWise specified.
D. No w.:rrk shall be st.a.rted en any ptoject. phase until .the
ap?I'q?rizte t.....-affic caltrol &vices haVe been placed in ttCCOrdance with
Project r~' O\ariges to traffic DCM shall not camence
unless ~l lab:lr, tnaterials, and equiprent peeessary to make the
c:l'Wlges are ~able co the Project.
E. '!he eontract.or shall se=ure 1:he Engineer I S ~roval of t:he
Contractnr's prc;x:>sed plan of ~ticn, seq\>et1ce of 'WOrk lIDd rrethod.s
of providing for the safe passage of traffit: before it is placed in
cperation. 'The ~ed plan of q:;erati~ should supplerrent the
approved traffic contrOl plan. A:rry major changes to the approved
uaffic: control plan, pr~ed by 'the Contractor, ~e to be scl:xni tted
to the oepa..--trrent' far ~roval in accordance \dth ~Se=tiC%l 104.03 of
the standard SpeCificatia1S.
sane additi~ traffic control details will be required prior to Mrj
major shi:fts of traffic. '!he traffic contrOl d2t.ills shall include,
l:r..rt: not be l.imi tea to, the follCJrdng:
1. A detailed ~g sOOrwin9 traffid lccatial and lansage fer
each step of the change ~
2. "n1e lccatico, size, and rressa~ of all signs required by'the
M[1rCO, Plans, SpeCial Provisions, and bthe.r signs as required to
fit conditions.
3. 'The rrethod to be used in, and the 1irni ts of, the OOli teraticn
of conflict.in9 J.ineS and muldngs.
4. 'lyPe, lo::ation, and ertent of -~ li.Jy:>-s and ~kings.
5 . Eori.%onta1 and vertic:al a1 i qnrrent and superelevation rirt.eS
for detours, including crOSS section BJ'ld profile grades along each
edge of e;xi.sti.ng paveaent.
6. Drainage Oetails for tenporary and. permanent alignrrents.
7. I.ccation, length, and/or spacing
prc:r...ect.i ve devices (terporarj barriu I
etc. ) .
of channelizing and
guardrail, barric:a~,
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8- ~ tim2, duration end date Of planned change.
s. For each t.r~ic shift, a paving plan, erection plan, or \oo'QI'k
site plan, as ~rQPriate, detailing rren and equip-rent necessarY
to a.cco:rpl.isii. the prq::osed w=.rk. 'D1i.s ,,;ill be the mi.niJm.nl
resource allc::cation all~d w start. the ~k.
'!he ~ &tails shall be sul:mitted to the. En~...r for Z!p""~nl at.
least 14 days prior to the zmtieipated traf fie shift. '!he Contractor
shall have traffic control eetails for a traffic shift wtUch has been
approved by the Engineer in his possession prior to carm;mcerrent of the
physical sh.i:ft. All preparato-"Y \..urk rtilative to the traffic shift
\.w'hich O::es not interfere with traffic shall be accct1plished a rni.ninuJrn
of t~ h:>urS p-...-j,or to the designat.e.d star....ing tiJre. 'The Engi.neer lIDd
the COntraeter I S representative will verify that all conditions have
been net prior to the Contractor: cbt.a.i.nlng 1I'at.e-"'ials for the actUal
traffic shift. .
r. 'Iraffic centrol deVices sh2l1 be .in acceptable condition ~
first erected on * project and shill be JIaintained in accordanCe wi. th
Sub-Sec-.....ion 1.04 .05 throughout the construetion period. All
unaccep'"'....able traffic control ~C"'...s shal.1 be reol aced within 24 hours.
When not in use, all traffic control devices shall be rem:rved, placed
or covered so as not to 1::e visible to traffic. Ii . traffic contrOl
devices are 1 eft in place for nore than 10 days after r;arpletiro of the
Work, the oepartnent shall have the right to re::It:lVe such &:vices, claim
possession 'ili=>-.reof, ~d ~ct the cost or such rem:rval fIetn any vonies
Cue, or ~ch may becc:xre due, th2 ~tr~.
G. 'lhe oepartnent .reserves the right to restrict const.ructic::n
cperations .men, in the c;pinioo of the Enqine'=>J, the continuance of the
Work w:::1.l1d seriously hinder traffic Dati on days i1mediate1 y before,
on, or ~..er holidays or ot.~ days in which unusual traffic conditions
exist, including threatening or in:::1errent ~theI.
1.50.02 ~ ZCNES:. .,.
A. 'Ir2.ffic control shall be provided'tlSing the follewi-ng materials:
1. parUlble advance warning signs as required by the contract. or
neeting the reguirerents of the arrco and Sub-Section 150.03. .
2. Po;rt.able sequential or nashin~ ~ panels l1S ~ in the
Plans or Specifications for use on Interstate or nul ti-lan2
highway 1 ane closure cn1 y, shall be a JninimJm size of 4 a n high by
96" wi ~ with not 1 ess than 15 lanps used for the arrc;1.o1. 'lhe
a-rr-cM will o:::cupy virtually the entire size of the arr~ panel and
sl--.a1l have a rn.i.n:i.m..ml legiliili ty distance of c:ne mile. '!he mi.niJnum
legibility distanee is that dis-"'....an~ at which the arro-; panel em
be o::xrprehenCed by an cOserver on a sunny day, or clear night.
A;aa.,l pano-ls shall ~ eq1Ji~ wi tb autanatic ditrming features for
use during hc>urs of darkness. '!he arrOH panels shall also rreet
the require:rrents as s~ in the cutrent edi tiro of the MlJI(D. -.rhe
sequential or flashing arrCJ.,; panels shall not be used for lane
closures on two-lane, ~y highways when traffic is restric;:t.ed
to one-lane cperations in -which case, appropriate signing',
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:f1agge--s -and when required, pilot vehicleS \oIill be ~
suffi=-i.ent.
:3. Port.able variable treSsage signs ~g the requi.r~ts of
secticn 632. '
4. O'lar1ne1i.ring deVices ~ the sbndards- of the MUICD and
Sub-Section 1.50.05.
5. }?reCaSt concrete barrier meeting 'the ~ of Secti~
622.
6. ~ traffic signals treeting the requir~ts of Sectico
647.
7. Pa\T=Jt marking 1Dl1terials ~lying with SUb-Sect.ic:n
lS0.04.A.
B. All lane closures shill have previout apprCNal of the Engineer .
;Lane closures that require s~ directicn traffic w split l\XOIIDd 'the
Work ]l.rea will not be a;:proved for roadways with ~ speeds of 35
nph or g1:ea ter , excluding turn lanes.
C. ~..: : Ie PACIlt; ME:lliCD:
1. p.M:JN:; CE' ~: l.c: Hi th prior approval iran t.he Engin2er,
traffic ~ be paced a11a.ring the Contractar up to ten (10)
minutes rnaxiJIuJm to work in or ~ ill lanes of 'traffic for the
foll~g purposes:
~. Placing bridge lt6TberS or other bridge w::xrk
b. Placing overh'='...ad sign stru:t:irres
c. Other work itl:!mS requirin9 ~ of traffic
~ Conuacter shall proviee a _ unif~ 'fOlice officer with
patrol vehicle and blue flashing light for each direction of
pacing. '!he pollce officer, EngIDeeX, end flaggers at ranps shall
be provided with a raciio 'fthich allo;..$ continuous contaCt with the
Contractor .
~Jl reaC:i to st...art the wxk a---ti '/ity , the police vehicle will
pull into the travel lanes and act at a pilot vehicle slc::ANing the
traffic, therel;rJ providi.n9 a ~ in traffic all~ the
Ccotract..or to perform the Work. My rartpS be~ the pace and.
the jd:::l site shall be blcc.ked fu1rihg peeing of traffic, with a
flagger properlY dressed and equi~ with a St~/Sla,.1 paddle.
Each ran:p shoJ.1 d be q:ened after the pollee vehicle haS passed.
pilot vehicles ere to travel at a pace speed of not less than 20
trph interst.a te ?I1d 10 rrph non-interstate. "!he ContI act.er shall
provide a vehicle to pro::::eed in front of the {X)lice vehicle and
behind the other traffic in order to inform the Contra.c;t.Or' S w:u:k
foree wnen_all vehicles have cleared the area.
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Traff ic will not be pe-.~ tted to st.ct> dur:tng p.'!!!:ing except. in
e:x--....reme cases as approved by ~ Engi.n*er.
2. .M::'rnCDS OF SJ;,GNIN3 ~ fJ:RA..q-rC pk:IN:;: At a point not less
than 1,000 feet in advan.::2 of the begituring point of the pace, the
Contractor shall erect and c:::NeI a w-t;pecial si~ (72 inch x 72
;inch) with " Type "En fJashing light, with the legend "Traffic
S1~d Ahead Short relayn (see Detail lSo-A). variable nessage
sign may l:e used :U1 lieu of w-specic1 sign. en divided highways
this sign shall be cbuble indicated. A W""'...rke:i:' with a t\o.O'""'w'aY
radio shall 1:e p::sted at the sign, _ and upon notice that the
traffic is to be paced shall turn en the f1 ~hing light and reveal
the sign. When traffic is not bein~ pa...---ed, the flashing light
shall be turned off and the sign masked or r~. w-special
signs are reflec:t.orized orange and b1~, series "e letterS and
border of the size specified. -
D. Ct1 rrultilane highwayS lolhere traffic hat; been shifted to the inSide
lanes for overnight use,- the entrance aM exist rarrps shall have
channelization devices \oT.i. th steady bum lights placed en OOth sides of
the rat.? '!he t~rary r~ taper' length shall be greater tMn, or
equal to, the existing taper length. Tetp=lra.ry EXIT gore si gn.s shall
l:e pla-r-ed at the ranp divergence. Channelization Cevice spacing in the
first 100 feet of the t:.errpora..ry gore shall be 25 feet.
1:. The tr~.sitial 1:0 nom.a1 or :full widt:h high...-a.yat the end of a
lane closure shall be a max.i.mlro of 150 feet..
F. To provid9 the greateSt fOSsible cdtve.r'.ien....~ to the public in
accordance with SUb-sectiC!'! 107.07, the Contractor shall J:,'em:rve all
signs, lane closure markings, and c:evices i.Jmediately \or'h:=>Jl l~ closure
work is ccopleted or t6rp0rarily suspen&d for any length of tiJIe or as
direc-....ed by the Engineer.
G. '!he Cont:t'actor's tru::.'<5 and if...rer wmcle.s shall travel in the
direction of nocrnal roa~ traffic unless se'?2I'ated by a pcsi ti ve
barrier, or when cons-truction, act.i vi ty hecessi tates otherWise, and
shall not ~eve.rse directicrl except at intersections, interchanges, or
apprO'Ved t.err:p:::lIary cross ings.
R. '!he Contractor shall ensure that dust. mJd, and other debris frtm
his q:eratic:n d:l not inte..rfere with normal traffic: cperations, or
adj a=ent prc:::pert.ies.
I. Ex.isti.ng street lighting shal.l remain lighted as long as prZlctiCa1.
and until ra:roval is approved by the D'1g~.
J. J.Dequate tar;:orary 1i ghting shall bi provi ded at all n.i ghtt.iJIe
WXK. sites ...mere wcu:"kers \olill be i.nrrediately adj acent to traffic.
K. For their On'n protectioo, \t;OI'kers in br adjacent to traffic during
nighttirre ~atic:tl shall \oiIeM reflecto.rized vests.
L. '1he parking of Contra...."1:.Or' 5 and/or "'Dr kers personal vehicl es
within the ~k area or adja-"'eIlt. to traffic is prohibited.
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).. RA;lJUS
~t Y ~ u:Kf ~ u.:.rn: $:lOt
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_ . .... ~. 1 ~.I
~. I ~
,-
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e5~ifRAFFIC ~~.~
10"}- st" 110" ft"
n- SLO WED ~S~.C"
-~.1 o. j-1:I. ~
." f\ H EAD ~_.C" .
SHOR]A.~ELAY" t~-c-
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.. ,,.-,tr,p.,orr \ '
'Y1.~L. Stell U'o~1 ~""~'I '
. 51CH SM~u.. ~.tvr BLt.':l< Lte!:~t) 1111) ~
0..... o~u.:E F'Ln.tt:10RlUD f.,AcxcFWJ:lD.
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FI GURE 150-A
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M. "1lle ~ksi te traffic control supervisor shall J:rOn.i tOr the ~k to
ensure that ill the ro:::.ks, .bc:u1ders, c::onstl:uct.ion debris, stcclcpiled
materials, equiprent, ~~s and other potential hazards are kept clear
of t:M travel way. ~ itans shall be sterad in. a lc:::cation, in so far
as practical, 1Nhere -they will not be subject to a, vehicle running off
-the road and st.ri.ki:ng then1. ~
150 .03
SIQtS:
A. r2here reqmred for prcper traffic cont.tol Curing constructicrl of
the proj ect, all existing guide, warning, an6 regul.atory signs shall be
roaintained by the Contractor in accordance \ri th ~ Specificati ons .
bd.sting street mme signs shall. ~ ~ at street. intersections.
.All exi..sting illmtinated signs shall remain lighted ~d l::e maintained
by the Contra::;tor.
B. ~ not :in use, all inapprq:date 'traffic signs or portiCX1S
'thereof shall be rerroved, placed or covered l;o ~ not to be visible to
traffic.
C. "The Contract.or shall not rerrove any existing signs and ~
wi. t.h::n1t. ap?J:oval of the Engineer. All existing signs and supp:rt:s
\oihi.ch z:.re to l:e rerroved shall be stored and prote::;ted ~ directed by
the D'lgi.neo-r, and ~ the property bf the nepa.rt:rtent unless
ot:he.rwise speeified in the ccntn---t cbc\JI"rentl;.
n. '1'erf:crary gui de, warning, or regulator1r signs required to direct
traffic shall be fmnished, i.nst1ll1ed, reused and maint.ained by the
Contrac""....or in ~ "':::ordance with the MmO:l, the Plans, Special Provisions,
or as directed by the Enginec-r ~ 'I'hese sig:ng shall remain the prq;::erty
of the Contractor. TI1e botton of all t~'Xj~ary signs shall be at least
7 feet above the level of pavenent ~.
E. ~...ing special guide signs en the Project shall be maintained
until ccndi ticns require a change in lccatict1 or legend Content. wnen
change is rcqui.red, existing signs shall ba tn::di.fied and continued in
use if 'the required n-cdi.fication can be made wi thin existing sign
00r0=rs using Cesign_ requirerrents (legend, letter size, spacing ,
00r'd::r, etc.) equal to that of the ex.istin; signs, or of SUb-Section
150.03.E.5., Differing legend designs rre.y not be mixed in the sane
sign.
l. S?eCial guide si gns are those eJtpres~ or: freeway gui~
signs that are desi ;ned with a nesStlge content (legend) that
ap;>lies to a pa...rticul ar roa~ lccaticn. ~ an existing
~ia1 guide sign .is in conflict wi. th work to be perfamed, the
Contractar shall rerrove the. conflicti.bg sign and reset it in a
new, non-canflieting lc:catiro lolhieb has been approved by t:re
b1gineer .
2. ~'qy SPEl:IAL GUIOE SIQ5: hhen it is not p::>Ssible to
utilize existing signs, either in place or re1o:::ated, the
Contractor shall furnish, erect, rraintain, :m::xlify, re 1 cca te , and
Iemve new te:rporary special guic'le signs in accordance with the
'Plans or as directed by the Engineer.
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3. All ~ overhead special guide sign st.ructureS shall be
llc;hted ~ soc:n as erected and shall remain _lighted, during the
baJrs of darkness, \mtil the te::rpor~ sign is no longer requ~.
TI1e Contractor. shall notify the ~ catpa:1Y at least t.hirtY
(30) days prior to ~iring ccnnecticn t.O the ~ source.
. '
4. ~ installation of~new ~ spec;~1 guide signs and the
permanent m:xli.fication or resetting of exis--..ing special guide
signs, \oti2n included in the ccntr~, shall be ~1.i.shed ~
SCXJn as practical to mi...nimize the usrl of ~ary sp:!cial guide
signs. ' All new permanent overhead special gui.~ signs shall be
lighted ~ seen b.S erected.
5 . .~ary spe:::ial 13Uide signs that tray l:e required in
add.i tian to, or b repJ acenent far., exJsting expressway and f:reewcry
(interstate) signs rmlSt be designed ind fabriCAted in c:cn;:>l.iance
\..-i. th the mi..nim.Jrn requirerrerrt:s' for guifi2 si gning contained in part
2E "Guid2 Signs ~ressways" and Part 2F "Guide Signs FreeJays" of
the Mt11'CD, except thirt. the roin.i.m.lm size of ill 1 erters and
rn.merals in the names of places, strerts and highways en all signs
shall be 16 inch'='-s Series "E" initial upper-case and 12 inches
lo,.;er-case. All inte.rstate shields en these signs shall be 48
i..n.ches and 60 ~-s for ~al and three-nurreral roJteS,
r~vely. Additionally, the exit. road ~ or route shield
shall be placed en the exit gore sign.
F. Posts for z:11 t.enporary (guide, warning, regul atory or 'special
guide) sign installations shall be so ~trueted to yield up:n ;Urpact
to mi.ni.mize ha.z.ards to n-otcrists or l:e prot.ected by t~'('ary traffic
barri er or iIrpa.ct 21tt.e.nUatOr.
G. All existing, ~, lIDd new permanent signs shall be
jns-...al1ed so as to be ca-c:plete1 ':I visibl e lor llJ1 advance distm'lCe of at
least 500 feet. Limbs, brush, consuuction egciprent and materials
~U be kept clear of the driver's line of sight to the signs.
E. All constru~....ion warning signs shali have t'r.'O IB inch x 18 in=h
fluorescent red-orange or orange-red warning ~gs nounted 00 ~ wtl:2I1
Clispl ayed during daylight hours and a single direction Type "A'l yel.lCM
flashing light when displayed at night, including the project.
COl"lS'"'_"LJct.ion 51 gns (G2 0-1 and G2 cr- 2) . warning si gns shall be placed
ahead of constructiro in accordance with Part VI of t.h2 l'UlU). All
c::anst.roCtion wanUn9 signs en divided hi ghways shall be CblJble
indicated (Le., a1 the left and right siti2:S of t.h2 roadway).
I. '!he sequential or flashing a.r;rO.l panels sMll be placed on the
shoUlder at or near the point where the lane closing tlansi tiCXl begins.
'!he pano..ls shall be nounted on a vehicl*, trailer, or other sui table
sup?Ort_ vehic:le nounted panels shall be provided with r~
c:ontrols. Min.iJrum rrounting height shall be 7 feet al:ove the roadway to
the oottcrn of the panel, except. en vehicle IrClUIlted panels which sho.lld
l:.e as high as pr ectical.
J. '!he ~le variable nessage si~, when specified, shall be
placed ahead of construeticn activities tnd will neet the regui.r~ts
of section 632.
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1<. '!he nashi. ng beacon as serb 1 y , when cpeclii cd, is userl in
_ 'ccrlj uncticn w"i th CQ:1.St,rU....--tion warning si gns , ~at.ory, or gui ~ si.gns
to .inf CJ:'I!l tr~ic of spec i a] road cenCi tians which require addi tiona.l
driver attentia'l and ,'caution. 'Jhe flashing beam assenbly shall be
installed in ~ 'with the ~ of ,Section 647.
150.04
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FA~'"1' ~
A. Generally, full ~ paverent :markings in accordance with
Secticn 652 and in confonnance with Sections 1A and 3B of the KJTO) are
required 01 all ~es 1:::e.fore the ~oa.d'..;ay is ~ to traffic. During
const.ru=tico ~ xreintenance activities d1 all highways cp:n to
traffic:, 00th existing m:u:-kings and roark.ings bpplied unfur this Section
shall be fully maintained until Fi.n.al k:;ce;.t.ance. If the ~erreI It
roa.rkings are, or becare, unsat.isf;,ct..ory .ih the j udgerent of the
Engineer due to wear, ....eathering, or eonstructiCX'l act.i vities, they
shall be res"....or ed imrediat.el Y . . Ch resurfacing proj ects pavenent
JDarkings shall be provided on all surfaces that are pl aced over
ex:ist.in9 markings. 01 widening, reconstn1Ct.im, and new c:on..strUC'tion
projectS, pavarent. markings will be as r~ by the Plans or t:.he
Enginec-r .
B. ~.LS: All traffic striping applie~ under this Section shall
be a m.iJ1i.rrun four inches in width Md shall confm:m to the requi.rem:mts
of Section 652, except. as m:xll.fied herein. Raised pavenent markers
shall neet the regui.rerrents of Section 654. Markings 00 ~ final
surface ~se which m.ISt be renoved shall te a rerovable tyFe. '.!he
Contractor ",,'ill be pe:rmi tted to use paint, the-"1I'Oplastic::, or t.ape co
pavertent .....meh is to be ove!'laid e.s part of the project, unless
otherwise clirect.ea. by the Engineer. parti~ (skip) refleet.o.ri.zaticn
(i.e., refl~...ori2.ing only a portion of a E;ttipe) will not. be a1.1~.
c. OSASE: ']he Contractor shall seouen::e his \folOt'k in suc::h a manner as
to allCJrl th2 installation of tnarkings in the final lane configuration
at the earliest possible stage.
In~ri~-e or. conflicting existing pavenent markings shall be
renoved. D;t:ept for final surface, rcarkings 00 l!5Phaltic concrete may
be cbli terated by an overlay course, ..'hen awroVed by the Enqi..ne"'J.
rmen an as:m2.1tic conc-...-ete overlay is placed for t.h2 sole ~ of
e1i..rninating conflicting- marking-s and the in pl ace asphaltic conc:::rete
sect:icn will allow, said overl~. \.lill. be eligible for payaent only if
~ignated in the plans. Overlays to cl:>li terate lines will be paid for
on1 y cnce ~d :furth'='.J: traf fie shi..fts in the sane area will be
acccnplished with renovable markings. Cnly the mi.ni.nun asphaltic
concrete thickneSS reguiIed to cover J..i..nes (generally 60 ).bs. /sg. yd.
As::>halt.ic concrete "H") will be all~d. Excessive buildup will not be
peDnitted. ~ m1 overl~ fOI: 1:.hg sole pw:pose of eliminating
conflicting markings is rx:::rt:. all~, the roa.rki.n9s no longer applicable
shall be r~d in accordance with SUb-Secticn 656.02. 'lbe
elimi.naticn of conflicting pavenent narkings by overpa.inting with paint
or liquid asphalt is not a.cceptable.
Far highways cpen to traffic, Il'i\.rld.ng rem:ml equiprent shall ~
present on the project for use irmediately before any change in traff.lC
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lane(s) alignrrent. ~ shifting of traffic necessiUrl:es re:rrcrva.l of
centerlines , lane lines, or edge 1.ines, all. ~uch J.jnes shal.l be rerroved
prior to, eu..--i.ng, or i.1mediate1y after ~ change so ~ to present the
least inte-....-fe:::ence with, traffic. If marking rerroval ~ failures
cx:cur, 'the eq.llptent shall be repaired or replaced (including leasing
equiptent i:f neceSsary), so that the redcva1 can' be accoTP1ished
witiPlt 6alay. ~
Raised ~ wark.e--s (FJ?Ms) are :required as folla.."S:
1. en Interstate and Int.erst.2te type ltighwcYS under ccostrOCtion,
excluding proj ectS ccnsisting prirnariJ. y of a.sphal t resurl acing
iterns, retro-ref1ective raised ~t markers (RPMS) shall be
placed and/or mai.nt.ai.ned en inte-rned.i.at:.e pa\TE!!rent surfaces c:pened
to tr~ic as follorws:
a. ~ I.Jl.NE 1.iW='.....5:
80 feet centerS CX1 skip 1.infls 1Nith c;uz"\Ta~ less than
three degrees-
40 feet ca...nters on solid lines and all lineS with
curvature between three degrees and six degrees.
20 fo:::rt: centerS CO c:u...~ ovSr six degreeS.
:20 feet centers en lane ~i tions or shifts.
b. ~ AAH? G::m: r.na:
20 foot:. eenters, two each, p1aced siee P'j side.
r::. omrn LINES:
As sl'1a.-m en the plans or directed by the ~.
:2 . en other hi~YS under constru=tion RPM5 shall be used and/or
mainUined en intenrediate pavarent gurfa.ees as follCMS:
a. SUPPLDm-.~ LANE LrnES ~ SOLID L1NES:
-40 foot celters exeept Cl1 line shifts. (Woen required in
the Plans or prq:csals.)
20 fcot centers on lane shihs. (ReqUired in all cases.)
b. SU?~ IXX.lELE s::ILlD 1..WES:
40 fo::rt: centers (ore each beside each line) except en
lane shifts. (~required in the Plans or pr~')
20 fo:7t centers co lane shiftS. (Required in ill eases.)
RPt1s are ~ a110.0ed on right edge lineS.
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D. EXLL-..I!ICNS Fffi SRCRT-TI?l1 WIRK]}l;S: . S:rre exeeptions'. to the t.ine
of pJacerrent and pattern of markings are. penni tted as noted below,
b:;:r..1ever, full pattern pave:rent markings erS required fer the c:cnp1eted
project.
1. ~L;A.NE, ~.Y~
a. SKIP LINES: J..ll short-te.nn skip (broken) stripe shall
confoz:m to Section 652 ex.ce:?t t:l1M. .stripes shall be at least
i:cur feet long with a rnaximJm t;cl:p of 36 'feet. CXl cu:r:ves
gre.ate:r than six d2gree.s, a ~foX stripe with B rnax::i.nun
gap of 16 feet shall be used. Ih 14!!ne shift areas skip lines
...,-i-11 not re .a11~.. Solid ~ will be required. stxJrt
term . skip lines will be penuitted for a period not to exceed
14 calendar days. Short-term tkip lines IWSt be repl aced
with markings in full C01'p1.iance with Section 652 priar to
expiraticn of ~ 14 calendar day period.
~ary rrlsed pavarent markert may be substituted for the
sho-yt tenn skip (broken) stripes. . If raised paverent ne:rkers
are Substituted for the four foot. short tenn skip stripe,
five Tn?rkers spaced at. one foot i.nte..."'Vals will be required.
No separate payrrent will be r'Mde if the teITpOrary raised
pavement II\3I~-r-s ~ substituted for short. t.eJ:m skip lineS.
Terrp::lrary raised paven~lt marksrs shall be retro-reflective,
sh..a1.1 be the sane o:>lcr as the paverrent markers for \olhich
th...ay are 51IDsti tut-od, and shall Pe visible during dayti..me.
'!he 1:yFe of t.enp:ll" a....ry marker ant:! method of att..achrrent to the
pavment. m.1St be ~oved byt.he Office of Materials and
Research but. in no case will the markers be attached by the
use of nails.
'!he t.erTporary raised paverrent marke...'"S ltUSt be maintained
until the full pavsrent markings are applied. At t:l~ t..i1t:e
full pavare.nt markings ue Applied 'the t.e:nporary raised
warkers shall be rem:Ned in a Jtanner that will not interfere
with application of the full ~t markings.
P. NJ PJI.sSm:; BARRIER: Full bo-passing zone markings shall
be marked d:iily and conform to Section 652 and in accordcmce
with Sections 3},. and 3B of the Hi1Irn. E~, on -b."o-lime,
~ road\.lays for periods hot to exceed three cal~
days \.here skip centerl ines are in place, n~sS ing :z.coes
nay }::e identified by us ing ~t or port.able tIO\lIlteO. "00 N:JI'
PASS" regulatory signs (R4-1 2" II x 30") lit the begi.nn.ing and
at. int.e.rVals not to' exceed 1/2 mile wi thi.n each no-passing
zone, wi. t.h a post or pxt..ahle rrotmted "PASS w:rrn CARE"
regulatory sign (R4-2 24" * 30" ) at the end of each
n~sing zone. Post trOLmted signs shall be placed in
accordance wi tb the M:1rCO. Portable signs mJSt have ~
mini.mn vertical height of three feet aOOve the pavement
surface to the b::Jttan of the sign and De secured in such a
~er as to not be easily blclm over or misaligned.
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c. :EJ:GELINES: E.d;el i ne.,c; wi 11 not be required r:n
intennediate surfaces that are in use for a perioo of less
than 30 calendar days ~ at l:t.ridge approaches, on lane
transitions, ,.l~ shifts, ~d in such other areas as.
~-ennired bY the Engineer. en final surf aces, eCge.lines
will POt '.be required on a daily basis, but they shall be
placed wi:thin 14 calendar days of the tiJre that the surface
""-as pla::ed. .
d. ~ l?AVU1rnT MARKIN:;S: S::::hcol zc:ne.s,
railroads, stq:lbars, synbols, ~di and etc. shall be pl~ed
en :final surfaces canforming tt) Section 652 within 14
wendar days of. carpletiai of the final surface. en
intenrediate surfaces tho-se. narkihgs will generally not be
regu.ired unl ess specified by the Ehgineer bec&Jse of spe::ial
co:ndi. tians or \olhen the int.eDnediate surfllCe will be in use
for JIOre than 45 ealendar days.
2. MULTI -LANL HI~S
a. Centerlines and No-passing Barrier - Full pattern
centerlines and no-passing baI:riert; shall be restored before
nightfall.
b. Lane.lines - Short-t.e.nn skip (broken) stripe as r5escti!:ed
in SUb-Section 150.04.D.1.a. may te used for periods not to
exce2d three calendar days.
c. E6;e1i.nes - Ed;e.lines shall be pla--ed a1 int.el:7T'edi ate and
final surfaces within three calendar days of oollte.ration.
d. Miscellaneous Pavenellt Markings - Satre as sub-Section
150.04 .D.l. d.
3. LIMITED A--rr:'~~ ~s AND ~S wrm PAVED SECXlL!lERS
GREATER ~~ FOOR FU:I'
a. SaIre as SUb-Secticn 150.04..1).2.
b. Edge.1ines - Edgelines shall be placed on intenred.i~te and
final surfaces prior to cpening to traffic.
E. A.t;pUOJIOO OF ':rnA.."'FIC STRIPES: ~ Contra...."'"tor shall fumi.sh
layoot, clean as necess~, Mld preli..ne the surface for the placemmt
of pavement markings applied under this Seetion. All existing marking
tape a'l final surfaces shall be rerored prior to placerrent. of final
OOI~~. .
Eristing No-Passing ZOneS III.lSt be clearl t de.sisnat.ed ~ to lccatiro
prior to constru:::tian in order that they nay be reestablished for
IDi3Iking purposes. Q1 projec-...s 'w'he.re eith2r hori2ontal or ve.-rtica1
aligrnents have Peen rrod.ified, the lc:x:aticrt of ~Passing Zones \oT.i.ll be
identified by the Engineer.
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When t.raff ic S"'...ripe.s (center 1 ines ,lane lines, and ed;e lines ) are
aw1ied in cart.inuoos operation by m:::wing vehicles and equipre.nt, 'th2
follMng rni.n:irc.zn warning &M.ces shall be required.
1. 'lh2 lead vehicle shall have an approved sequential or
fla.sr-.ing ~~~ panel tro.mted so ~ ~.o be easily visible to
on....-::rni.ng t...~fic. (Required for cern;erline adjacent to cpposing
traffic. )
2. 'The vehicle applying the stripe shall have a sequential or
flashing ~ panel and shall fol1~ directly !:ehi.i1d the lead
vehicle.
3. '!h!= vehicle' putti.ng out. 'the ctnes shall follow directl y
tehinO the stripe applying vehicle and shall have an approved
sequential or flashing ~rCM panel. :In addition, for multilane
hi ghways, the vehic:l e shall a1 SO dispi~ a prc::mi..nent. sign with the
1 egend "PASS rn un _ (RIGBT)" .
4 . All vehie1es shall be equipped with t.he official slew noving
vehicle sy:d:cl sign.
350.05
~CN IEVICES
A. For this Section, the t:e.nn barriead9 shall be deGred to nean a
~ I or Type n barricade or vertical panel that has a rni.n.imurn of 270
squ2Ie i.nc}).:.-s of reflective area facing traffi.c or striped drum as
.specilied by t...l:e .MUIm. Except as noted in the centract &:aments, the
Contrae-...or has the ~ to select;. the type barricade used provided
that barricades of the sc::ne type ~e used within each individual l.in2
of c:hannelizatic:n. Hrtal C=uns will not be all~ as c:ha.nnelizaticn
Q:vic:es.
Channelization d=vices with place!l'ent ag specified in SUb-Sections
150.05 and 150.06 or plans, or precast concrete barrier, if specified,
shall d::.lineat.e the full length of 'a lan2 closure r shift, or
e.ncroachnent.. Barricades ~e required far nightti.ne lane closures,.
shifts, or en~oachm:nts and shall have steady burning lights. When
cendi tions \o.c.rrant. and the COntr act.or c:ho::lses to cease barric:a&
lighting, it is unao=eptable to allOo1 any ba.rrica~ within a line of
Celineatic:n to remain li ghted. For longi. tudinal channelizati en 001 y ,
fl ucresc.ent c:!:' ange traffic: o:mes ( :2 B inches mi.nirt:um h2ight) will be
a11~ for daylight. closures. or shi..ft.$. Bowever barricades r e.s
specified, will be required for all tapers. When the apprcpriate signs
are posted adv"ising of condi tians such as soft or ION shcul ders,
channe.1ization devices nay be removed after shoulders are to typical
sectioo and ~assed and after guardrail d;r other safety devices have
teen i.ns'-....a11 ed.
B. O1a.nn-'='...1i.zati on Oevices shall be spa.ceO as li sted belC1.tl for various
roaaside work conditions or as rrcdi..fied by Sub-Sectioo 150.06. SpacinS
shall be used for situaticns reeting any of the conditiCO$ listed. as
follOrlS:
1. SO FCX:1l' SP1lJ::mG~: Requires steady burn lights il
conditions exist overnight.
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a. For differ~ in e1.evaticn ~g 1:W;:J inches.
b. For healed sections no st~-..r than -4: I as shOw'n in
SUb-5ecticn ~~O. 06, Figure J,SO-C.
2. 100 FCar. SPACJN:i mx:lHl1: Requires st~ay bu...'il lights if .
conditit;n.S exist. overnight.
a. For difference in e1evat.i.a1 ot two inches or less.
b. Flush areas whe..--e eqciprent or workers are within ten
feet of t.h:2 ~ lane.
3. 200 rror SPJ.1:IN3 ~: rihe.rll eouit:nent or ~kers are
In:lr6 than 10 feet fran triIVel lane. t.at.erai offset clearance to
be four feet iran the traVel lane and does not require steady DuI:n
li~. .
a. For paved areas eight feet or greater in width that are
paved flush with a standard width travel lane.
b. For disturbed shoulder areaS 1m ccnpleted to typical
sectiCX1 'that are flush to the ttavel lane and ccnsic3ered a
usable shaul Oer .
4. TR.~~!'I'IOO .rr;..PE:RS AND LANE a.osmu:s: The mi.n.inun length of
the "P?roach transition taper far A lane closure, shift, or
erir::roachTent for highways with p:>st....od speed of 45 nph or greater
sh.all be ecrual to the l1:ne width of lat:.e"al shift (Ft) x the
posted ~ limit (M?h) t (L:: WS) ~ ~ not less tMn 150 feet.
For nult.iple lane closures, only CO2 lame may l:e closed per taper
with a rni..ninnJm t..2ngent length of 2L re~Jl tapers. 'The length of
a closed lane , excluding the tI~itictl taper, will be limited to
'h,1::) miles, unless ot.he.n;ise approved ex directed by the E)'lgineer.
Earricaa=s shall be placed the full lehgth of the uper ~ at
max:innJrn int.erVals in feet equal to the nurrerical speed limit
(:EXAM?LE:. 55 J.?h Speed. Limit = 55 feet ~ Spacing) .
13arricade.s with steaety burning licjhts are.' required if the
condition exists into the night.
For t1!per lengths en urban, resic1enti.al or other streets where the
posted speed is 40 nph or less, the mi.n.inr..:lm lengtl1 of 1:.he ~~
transi tiCl'l taper may be carp.rt:ed using the f~ L .. \is /60.
Greater -taper length shall be used when reqL1ired fa:.- indiviciual
s.i. tuaticns .
s. FR!OSI' ~~ !lA.t1JUER: \-.'hen precast concrete barrier is
used, steady burning lights at So-fc:x:Jt. spacing shall be placed en
~ of the barrier when the barrier u lccated eight feet or less
fran a travel lane. ~ precast cctlcrete barrier is used in a
redi.an or other area which is inac:::es~i.ble for naintenance without
int.erfe.ren:::e to tr affic fl~, 12. x 36" vertical panels rrir:I be
used in lieu of steady burning light3. rihen the barrier wall is
lccated fran eight to 20 feet fran the travel lane, 12" x 36"
vertical panels shall be placed at 50"'foot rraxirnJm inte.rva1s..
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1-.f'?X'oad'l end of prec2St ccnc:::-ete bartier shall be flared 0=-
prc-....e:::"""~d by ~ ..:i.rrpact attenU2.tor (t::raSh cushion) or ct'...he""
~oved t:=e.atItent...in accorQance ....-;.. th cia. Std. 4960, cc.nst:.ruct..i
r:etai.ls and S-~dard Specifications.
On i,nt.a..~...ate or ot.her rontrolled act'f'5S highways where ~
shi:fts or crossovers cause ~ing t:taffic: to be 5epar~ted by
less than -40 ft. r precast c;:oncrete battier shall be used ~ a
separator .
1.50 _ 06 EXChVATICN ID.JJCE1lr "ID A "mAVEI. v.NE: 6:nst.ruction....-ark involving
trenching adjacent to a 'travel way shall not begin until t.he Cartract.ar
is able to c::mtinuously place the required typical section to within
tw;:) inches of t..h2 eri.sting pa\."e'Tent e1evatitm, or heal the retWning
differen---e in elevation to the traveled way As shown in I)et..a.il 150-C.
~-1.iza+-i(;n &vices and. pl~t durint! the constnict.icn ped,od
shall canfo::IIl to the requ.i.remmts of Sub-Sect.ion 150.05 and Details
lSD-B, 15D-C, ~ lSO-D sho.-m herein.
In addition to the signs specified in Sectic:l'l 150 and the MU'IQ), a H-20
sign wit:.h the legend "(LEFT) (RIGET) LANE ~" with two flags shall
be kept just off the paving edge and 500 It. upstream of the p::U.nt
\..here channeli.zation' ~ices :Ie erected CXl t:b;. paving e<Jge.
A. S'lU'iE~, SOIL ~~.TE ]3.b..sES, 1IND SOIL B.b..s:ES: nrcp-offs in
el evation of IIO-"'"e than t.w:> ~..s betweef1 surfaces ~'7Ying r or
aoj a.=ent to, t.....-atfic:: will rot be allCJoole:d far xrore than 24 txJurS .
~ , \o...~. t.he Ccntr~...or has dem:hstrated the ~i1i ty to
c::ont.inu::rosl y ~ mld badcfill in a proficient m:mner, a single
length of excavated area not to exceed 1000 ft. may be left cpen as a
start U? e:rea for periods not to e:ceed 48 lnIrs.
B. JlS?H.;LT at.SES/BnIDERS: D:rcp-offs in ~evatirn of roxe than 'tWO
i.nchc-s bet;.;ee.n surlaces ~..ng, or adjac::6nt to traffic will not he
all~ far ):!lOre than 4 e h:::iurs.
C. PCR'Tl..mD crMEl1I' CCN:?.E.TE .AND c::Dbrr srABn.rzm PASES:
Const..rU.--tion ~k adjacerIt to the traveled way whic::h involves these
types of bases will not be healed provided the Contractor pursuo...s
plad..ng the paverrent as so::n as the curing period is c:atplet;ed. During
the pI a...'"'6TEIIt period, traffic: c::ntrol devices will be in accordance
wi:th ~se::tic:n 150.05 and Detail lSD-B.
D. HI~S E(CAVA1'Irns CR DRCJ?-OFF"S AD.:JN:ENr 'IO 'ffiA~:
Work su::h as &-ainag-e structUres, utility fAcilities, or any other ~
...mi.c::h resul ts in II drcp-off aoj acent ti> ~ travel 'waY shall be
fe-rforned e:xpedi tiously so as to rninimi.%e the exp.')sure to the hazard.
]>.05 seen as pra.-rotical, the e:l(Cavation shall be backfilled to the mi.ni.InlJm
reauirerents of Detail 150-C. In no case will the drop-off be all~
to - exist TrOI'e than five c::alendar days. 'lhi.s may require stage
construct.icn, such as plating and ba.ckfilillg tl:e inccxrplete work.
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NOTE: Vertical Panels 8
reouired fer th,s
location, spaced at
50 ft. intervals.
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N81 COtISTRUCTtOtl
LDcltion of barricade while
dro~-off exceeds 4 inches
---------1
--------~_i
'tRAVEL LANt
~
DROP-OFF GREATER THAN A.INCHES
Fl GURE 150-B
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HO lliE2'fR TH~~,J"~,,..,~" ,::,.,'':!.'' ' - - - - - - - - --\,
------~--~~
. .1... 'TRAVEL ~1lE
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Compacted graded
Aggregate. subbase
I1!terill or dirt.
flnt CcmSiRUmON
, --1
Location of barricade i~ed1~te'Y
after c~'etion of healed section.
spaced ai' 50 ft. intervals.
,,-.-
HEALED SEm ON
FI GURE 150-C
. ~
I "
DROP-OFF OF 4 INCHES O~ LESS
Location of barT'ic~de while -
drop-off is 4 inches Dr less
spaced at 50 ft. interv~'s.
n
o
--+
HnT CONSTRUCTIOU
NOTE: After ~aving ~o ~th1n 2 inches
of the travel lane elev~tion. ~ve
b~rr;c~des to a point 4 feet from the
edge of the travel ~y. SteadY burn
lights ~y be removed ~nd sp~eing
increAsed to 100 ft. interv~ls.
----.....- -~ -- ~
-----------1'
TRAvtl LANE
~
fIGURE 150-D
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1.5Q.07
~ ~ PII.ar CARS:
A., Flagge...""'S shall ,be p-'"OVided e.s reqt.1ired to hzmdle traffic, as
specified in 'the p l~ or Special Prov:i.sil;Ds I mld ~ required by the
Engineer .
,
.
B. 1U..l f1al.:f,=-.e...~ shz.ll n-eet the requ.iretent of Part 6F of the M!1!Q)
m1d nust have received training ~ a c:srt.ifieate lJPOl'l CO'lPletiOl1 of
~ training fron a r:epart::rrent l:pP-rc::roed training p~am. Failure to
provio= certified flagg"'-I'S as regui.red ~ shall t.e reascn far the
Engineer suspen.di..t1g work invol ring the :fltsgger (s ) ,until the Contractor
provi.~ the eertified flagger (5) .
c. Flaggers shall ~ar II fluores..--ent 'orange C2p or hat, ~a a
fl UOI'escent orange vest, shirt I or j ~t., and shall use a St.cp/SlOoJ
paddl e ueet:.i.n9 the requirene:nts of Section 6F- 2 of the MI..1'I'CD for
controlling traffic. 'lhe St.op/Sl~ paddl t slW.l have a shaft length of
six (6) feet mi.n.im1.1m. 111 addi tiCr'l to ~ step/Slaw paddle, a f1 ~gge.r
may use a 24 i..ncll square red/orange fia; as an addi tienal Cevice to
attract atte!t"..icn. For night \oiOI'K, the \1e.st shall have refleet.ori%ed
stri pes on front and b&:K.
D. Pilot 'V""-hicl es shall be prc:rvi Ced it SDeC.if'ied in the Plans or
SpeCifica-...ions ~ neet the reguire::rents bf Part6F-9 of the MIJIO).
E. Signs far f1~gger traffic c::mtrol shall be placed in ~dv'a.nCe of
the fla:,:ging ~~tiC1 in occorda.nce with the MlJ!O). In Z)dditioo to
the si gns reqilied by the WIm, signs ~ regular int.e...-rvals, wa.. -n..ing of
t.he pres en:::s of the f1 a;?"..I shall be placed bey;lnd t.he point \od1ere
tr~rtic can re~on.ably be e:xpe=ted' to stq:) under ~ uost severe
conditions far ~t day's 'roiOI'k.
150.08
~:
'nle safe passage of tr~ic throogh !lnd a:ound the \oIl::lrk Zon2, \olhile
minimizing confusion ~d .d.is~on 1:.0. traffic flow, shall ~
pri o....--i ty over all other Colitrac-'"'....or actiVities. continued faD. ure of
the cmtr8ctOr to c:::rrply with the requiren-ents of Sectic.o 150 (TAA.~C
CeNTRaL) will re.sul tinnon-refundable dedu....""tions of nom es :frCfi: the
ContI' a...."'"t l!.S showri in this S\Jb-$eCt.it:r1 fot' 1la'l-perf0I:m3n-"'e of Work.
Fail ure of th2 Contractor to e:::rrply ,with this Specification shall be
re.ascr1. for the :Engineer suspending all other \oooUt'k en the Project.,
exce;:rt. erosion control and tr a:ffic cant.rQ1, taking corrective a---tion as
specified in SUb- Secticn 105.15, end/or wi thhol cling payrrent of m:nies
due tile Contra---tar for UI'j work C%1 'the Proj ect until traffic c:ont.:'ol
Oefic:iencies are corrected. 'lbese other atticns shall be in addi. tien
to t..~ dedu-~ons for non--perfcrmance of traffic control.
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~ CF ~.LCNS Frn FAC1! ~ W CE ~ C!:
, 'TRAFI".!C ~ ~ Nm/CF.. ~
CF.IGlWIL rom.. a:NIR~ >>nNl'
~ M::1re 'Ihm'1
"l'o 2md Incl.~ :
Oaily 0large
s 0
100,000
1,000,000
5,000,000
20,000,000
40,000,000
..
$ 100,000
1,000,000
5,000,000
20,000,000
40,000,000
$ 100
250
500
750
1,000
1,500
150.09
~:
A. '!:RA. t:"f'IC a:tm<OL: Wnen li~...ed ~ a pay i tan in 'the Prq;:osal ,
payrrent "..ill be made at the Luxtp SUm price bid, which will include ill
traffic: c.::::mt.rol not paid for separately, ~ will be paid e.s follows:
Rren the fi! $l Ccostru;;tiCt'l Re?ort is sui:mi tted, a ~yrrent of ten
(10) percent of the L'l.1lI'P sum pri~ wi.ll be uade. Fer ~
prcgress paytre::"lt thereafter, the Project percent carplete sho,..'I1 0'1
the last pay s"".....atem2rrt' plus ten (10) percent will be paid (less
previous payrrents) not to exceed c:re hoodred (IOD) percent and
subj ect to nonnal reta.inage.
hben no payrte.rrt it~ for Traffic Cmtro1 L~ Sml is sro.m in the
Prcposal, all of the requiIarents of gecti~ 150 and the 'Iraffi.c
Control plan shall be in tull force and effect. 'DIe cost of carplying
\.lith these reqlJirare.nts will not re paid for 5~ately, but shall be
i~lu&:d in the overall bid suUnitted.
B. 5T~: ~ sho..m as a pay ite'D in the Prcp.Jsal, te:lpOrq
special gtllee signs will be paid for as listed belDN. All ot:l-er
regul atary, wanring, and guide t5igns, as regui.red by the Contract, will
be paid for under Traffic Control Ll.mp S\.tn or included in the overall
bid sub-ni tied.
1. ~ary ground IIounted or tentora-ry overhead special guid2
signs will be. measured for payrrent by the square f~. '.Ihis
payn-ent shall be :full carpensaticrl for furnishing the signs,
incl uding supc:orts as required, eracting, ill ur'ninating overhead
sisns, maintaining, rerroving, re-eret:ti.ng, and final reJTJ:JVa1 fran
the Project. payrrent will be made only one t..ine regardless of the
nl..1lTber of m::JVeS required.
2. Re:rove ana reset existing special guide signs, grotmd rrount
or overhead, cc:rtfllete, in place, will be JTeasured for payment per
e adl. P ayrrent will be roade only roe ti.rre reg arOl es 5 of the number
of m:rves required.
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3 . M:::xti.fy spec i al gui~ si gns, grounlS rroLJnt or overhead I ..... ill be
neasured for payment by the. square fc::()t.. 'lhe area xreasu= ed for
paytrent shall incluOe only "that ~on of the sign IDX.ified.
paymmt shall include materials, rf3n:Nal iran ~...s or ~
when necessary,_ and renomting as required.
c. PRECAST M:DIAN EA.~.n:R: ~ Preeast ~ ~--rier will be neasured
es spe--; f ied in Sectia1 622.
D. VARIABLE MESSJ..GE S!~, PCRrAELB: variable ~sage Sign, ~....iilile
will be treasured as specified in Sectic:n 632.
E. ~ c;a;..RDAA1L ~, TiPS 9: 'l6tporary Guardrail
An::;h,orage; 'l'ype 9 will be neasu;red as specified in Se:tial 64.1.
F. 'I'RA: r J.C SI~r.L INSTAI.J..ATICN - ~: Traffic Signal
Installation - ~ -will be rreasured cis spe::ified in sectirn 647.
G. FI..b...sEUN:; ~ ASSEMSLY: Flashing Beacon Ass6Iblies ....ill be
neasured as specified in 5ect.icn &47.
E. ~ I SAND I...OMJED ~ .M:DlILES: '!'eoporary Sand !..:laded
Attenutor !obdules l.-ill be neasured ~ speci:fied in Section l50.
I. 'PAVEMENI' ~: p~~t markings will be ueasured as
specified in Section 150.
1.50.10
l?AY!ell'
Yothen ~ in the s::hedule of I~ :in tile Ftc;csal, the fo11Mng ite'rS
will be paid for separately.
Item No. 150.
Item No. :LSO.
It.em No. 150.
Xten N:l. 150.
lten No. 1.50.
It~ No. ).50.
'!raffic: eo:rrt:rc1......................................Lurtp Sum
Traffic Control, Solid ~fie st...-ipe !nch., (Co1c:a:)
. . . . . . . . . _ . .. .. . . . . . _ _ _ . . . . _ . . . .. _._ _ . . . _ _ _ . . . . . per I..inear ~..i1e
Traffic Control, Skip Traffic Stripe Inch.' l Col~)
. . .. . . . . . . . _ . . ... . .. . . . ... . . . . . .. _. . . . . . . . . . . ..per Lil1ear Mile
Traffic: Control, Solid Traffic: Stripe, ~lastic
InCh, (Coler)... _..... _ _. .'... _ _.... -. .... - - _....~ :Lillear M.i.le
Traffic COntrol, Skip 'lraffie stripe, 'IhernOplastic
InCh, (COlor)......._..._......~......_.......per ~ ~e
Traffic Qxltrcl, paven=nt Harkings, WorOs and
Symbols...-..-._....._.........~...........~..~ SqUare Foot
Control,
paverent
1>.rr0ll
with
RaiSed
It:ero NO. 15 0 _ '!raffi.c
~flecto-""S. _ _... _.... _... _....... _ _..... - -...... -.....per :Each.
Ite'n No. 150_ Traffic Control, Raised paverrent Markers-All Types...per Each
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~ required for traffic control the :follC7Wirlg items shall be. paid for
separa tel y tmder their re.spect..i ve' pay i tern.
Item No. 150. '!aT? Ground M:lunted Special Guide Signs.......per Square Foot
Item No. 150. Tefip OVerhead Spec~al Guide Signs.............per SgU3Ie Foot
.Item No. 150. Rerrove & Reset EXisting Special Guide Signs,
Ground Mount, ~lete in ?lace......................per Ea=h
lten No. 150. Remve & Reset Existing Special duide Signs,
Ove.rhead, Cc:ti'plete in Place...........................per E3ch
Item No. 150. Traffic Control, Terporary Sand Loaded At:t.enuator
~es.................................................. A.............................. ........~ ~
Item No. 150. Traffic Control, pavenent Marker~, Words and Syrrt:ols.... u .. .
.. .. .. .. .. .. .. .. .. .. .. .. ... ... ... .... . . . . .. .. .. .. . .. . .. .. .. .. . .. . . . .. .. .. .. .. . .. .. . ~ ~e FcxJt
Item No. 150. Traffic Control, PaveITeI1t Atrow(Painted) With Raised
Refl~s.. .. ... .. .. .. ...... .. .... .. ... .. .. .. ... ..., .. ... . . .. .. .. .... . .. .. .. .. .. . .. .. .. ~ Ea..cl1
I ten No. ~5 0 . M::x:ii:fy Special Guide Sign, Grc:one M:>unt....... per Sguare Foot
Item No. 150. M:x:li.fy Special Guide Sign, ~...........per Square Foot
Item No. 622. Precast Con::rete ~dian Barrier............... per Lme.ar Foot
Item No. 632. Variable Message Sign, Port.able........ u u..........per Eac:h
Item No. 641. ~ary Guardrail Ancllorage, ~ 9................per Each
Item No. 647. Traffic Signal !nstallation, 'l'alP..... u........... uLunp Sum
lten No. 647. Flashing Beacon Assentlly, St.ruetUre M::xmted..........per Each
Item No. 647. Flashing ~acon Asserrel y, Cable Supported............ per Eacl1
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