HomeMy WebLinkAboutPepperidge Pointe Retention Pond Repair
Augusta Richmond GA
DOCUMENT NAME ~~id~ ?J\\\\e.- '(e\--.ermen ~ repcur
DOCUMENT TYPE: c..O<'\W Ot+
YEAR:C1C\
BOX NUMBER: 0 <2)
FILE NUMBER:\l\~\ \
NUMBER OF PAGES: l\l\
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, CONTRACT DOCUMENTS
.FOR
PEPPERIDGE POINT.E
RETENTION POND
. REPAIR
PROJECT NOo323-04-299823647
-:'
, JULY 1999
\" "
AlA Document A312
115103170496
Performance Bond
Conforms with the American Institute of Architects, AlA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Mabus Brothers Construction Co, Inc
920 Molly Pond RD, Augusta, GA 30901
OWNER (Name and Address):
The Augusta-Richmond County Commission
530 Greene St, Augusta, GA 30911
CONSTRUCTION CONTRACT
Date:
Amount: $35,900.00
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
Description (Name and Location): Pepperidge Point, Retention Pond Repair, Augusta, GA
BOND
Date (Not earlier than Construction Contract Date):
Amount: $35,900.00
Modifications to this Bond:
CONTRACTOR AS PRfNCIP AL
Company:""';"',,,,~.,.. ""
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Mabus~i:3[oi:hers^Con$tr. 'r. .
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(Any;aodttlona[ stgnaturesappear on page 2.)
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(FOR1NRQ;RNtA'nON~0~1L Y - Name, Address and
TelephdrLe) A1JB~':b}BltOKER: Palmer & Cay of Georgia, Inc
P. o. Boxl'5'2~z.7","';'::i1anta, GA 30355
4045048150
1 '111e Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner
for the performance of tlle Constmction Contract, which is incorporated
. herein by reference.
2 If the Contractor performs the Construction Contract, the Surety and
the Contractor shall have no obligation under this Bond, except to
participate in conferences as provided in Subparagraph 3.1.
3 If there is no Owner Default, the Surety's ohligation under this Bond
shall arise after:
3.1 'DIe Owner has notitied the Contractor and the Surety at its
address described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with the Contractor and the Surety to be held not
later than tifteen days after receipt of such notice to discuss methods of
performing the Constmction Contract. If the Owner, the Contractor and
the Surety agree, the Contractor shaH be allowed a reasonable time to
SURETY 5026 (6-92)
S-1852/GEEF10/98
Page 1 of 2
~ None
D See Page 2
SURETY
Company: Travelers Casualty
and Surety Company of America
(Corporate Seal)
w4~~~:
Signature:
Name and Title: W. G. Van Buskirk, Attorney in Fact
", :/ .'
OWNER'S REPRESENT A T1VE (Architec{E;gine~r-' o'/other
party):
perfonn the Constmction Contract, but such an agreement shall
not waive the Owner's right, if any, subsequently to declare a
Contractor Default; and
3.2 The Owner has declared a Contractor Default and fonnally
terminated the Contractor's right to complete the contract. Such
Contractor Default shall not he declared earlier than twenty days
atter the Contractor and the Surety have received notice as
provided in Subparagraph 3.1; and
3.3 The Owner has agreed to pay the Balance of the Contract
Price to the S.urety in accordance with the terms of the
Construction Contract or to a contractor selected to perfoml the
Construction Contract in accordance with 'the terms of the
contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety's expense take one of the
following actions:
4~1,Arral~ge for the Contractor, with consent of the Owner, to
perform and complete the Construction Contract; or
4.2 Undertake to perfonn and complete the Construction Contract
itselC through its agents or through independent contractors; or
4.3 Obtain bids or negotiated proposals trom qualified contractors
acceptable to the Owner for a contract for performance and
completion of the Construction Contract, arrange for a contract to be
prepared for execution by the Owner and the contractor selected with
the Owner's concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the bonds
issued on the Construction Contract, and pay to the Owner the
amount of damages as described in Paragraph 6 in excess of the
Balance of the Contract Price incurred by the Owner resulting from
the Contractor's default; or
4.4 Waive its right to perfonn and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness under the
circumstances:
.1 After investigation, detennine the amount for which it
may be liable to the Owner and, as soon as practicable
after the amount is detennined, tender payment therefor
to the Owner; or
.2 Deny liability in whole or in part and notify the Owner
citing reasons therefor. .
5 If the Surety does not proceed as provided in Paragraph 4 with
reasonable promptness, the Surety shall be deemed to be in default on this
Bond titleen days after receipt of an additional written notice from the
Owner to the Surety demanding that the Surety perfonn its obligations
under this Bond, and the Owner shall be entitled to enforce any remedy
available to the Owner. If the Surety proceeds as provided in
Subparagraph 4.4, and the Owner refuses the payment tendered or the
Surety has denied liability, in whole or in part, without further notice the
Owner shall be entitled to enforce any remedy available to the Owner.
6 After the Owner has tenninated the Contractor's right to complete the
Constmction Contract, and if the Surety elects to act under Subparagraph
4.1,4.2, or 4.3 above, then tile responsibilities of the Surety to the Owner
shall not be greater tilall those of the Contractor under the Construction
Contract, and the responsibilities of fue Owner to the Surety shall not be
greater than those of the Owner under the Construction Contract. To the
limit of the amount of this Bond, but subject to commitment by the Owner
of the Balance of the Contract Price to mitigation of costs and damages on
fue Constmction Contract, tile Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor [or correction of defective
work and completion oUhe Construction Contract;
6.2 Additional legal, design professional and delay costs resulting
from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in
the Constmction Contract, actual damages caused by delayed
perfonnance or non-perfOID18nCe orthe Contractor. .
..
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
7 The Surety shall not be liable to tile O"mer or others for obligations
of the Contractor that are unrelated to the Construction Contract and the
Balance of the Contract Price shall not be reduced or set off on a~count of
any such unrelated obligations. No right of action shall accme on this
Bond to any person or entity otiler than the Owner or its heirs, executors,
administrators or successors.
8 The Surety hereby waives notice of any change, including changes of
time, to the Construction Contract or to related subcontracts, purchase
orders and other obligations.
9 Any proceeding, legal or equitable, under t]lis Bond may be
instituted in any court of competent jurisdiction in the location in which
tile work or part of tile work is located and shall be instituted witilin two
years after Contractor Default or within two years after fue Contractor
ceased working or within two years after the Surety refuses or fails to
perfornl its obligations under tilis Bond, whichever occurs first If the
proyision.s .of. thi.s Paragraph are void or prohibited by law, the minimum
penod of IlImtatlOn avallable to sureties as a defense in the jurisdiction of
tile suit shall be applicable.
10 Notice to tile Surety, the Owner or the Contractor shall be mailed or
delivered to the address ShO\\11 on tile signature page.
11 When this Bond has been furnished to comply with a statutory or
other legal requirement in the location where the construction was to be
pertonned,. any provision in this Bond conflicting Witil said statutory or
legal re9U1rement shall be deemed deleted herefrom and provisions
confonnmg to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a
statutory bond and not as a common law bond.
12 DEFINITIONS
12.1 Balance of the Contract Price: The total amount payable by the
Owner to the Contractor under the Construction Contract aiter all
proper adjustments have been made, including allowance to tile
Contractor of any amounts received or to be received by the Owner
in settlement of insurance or other claims for damages to which tile
Contractor is entitled, reduced by all valid and proper payments
made to or on behalf of the Contractor under the Construction
Contract
12.2 Construction Contract: The agreement between the Owner and
the Contractor identitied on tile signature page, including all
Contract Documents and changes tilereto.
12.3 Contractor Default: Failure of the Contractor which has
neither been remedied nor waived, to perfonn or otherwi'se to comply
with the tenns of the Construction Contract.
12.4 Owner Default: Failure of the Owner which has neither been
remedied nor waived, to pay the Contra~tor as required by the
Construction Contract or to perfonn and complete or comply with the
other terms thereof
(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-1852/GEEF 10/98
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
'"
"'>
AlA Document A3l2
115103170496
~ 'Payment
Conforms with the American Institute of Architects, AlA Document A312.
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
Bond
CONTRACTOR (Name and Address):
Mabus Brothers Construction Co, Inc
920 Molly Pond Rd, Augusta, GA 30901
OWNER (Name and Address):
The Augusta-Richmond County Commission
530 Greene St, Augusta, GA 30911
CONSTRUCTION CONTRACT
Date:
Amount: $35,900.00
SURETY (Name and Principal Place of Business):
Travelers Casualty and Surety Company of America
One Tower Square, Hartford, CT 06183
Description (Name and Location): Pepperridge Point, Retention Pond Repair, Augusta, GA
BOND
Date( Not earlier than Construction Contract Date):
Amount: $35,900.00
Modifications to tllis Bond:
- ,- ._'-~i'--
CONTR.A.:G'F0R~AS"RRINCIP AL
~. "". "'" /' .~
COmpaIl\;~' ... . r l' ~ .
......... "..:J...~'_ ~.: 't"~ /1' ....~
Mat5usBrothe'rS'.(}onst ction Co, Inc
::::,;,,;::: ~',' /' - '. '::.
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Sig"flature: ~ ~\.tY: .~. ~
NaJ~a-1'itie:,~- ..: if'K0 & OLSB V tI. .
(Any frd@ti.oflal'slgnat'tlre.s"'uppear on page 2.)
'/. '''('-~ - .~,... ,'\
(FOR INF0Rj;Jb.J10N'ONL Y - Name, Address and
Telephone) AGENT or BROKER: Palmer & Cay of Georgia, Inc
P. O. Box 52427, Atlanta, GA 30355
404 504 8150
1 The Contractor and the Surety, jointly and severally, bind themselves,
tlleir heirs, executors, administrators, successors and assigns to the Owner
to pay for labor, materials and equipment funlished tor use in tile
performance of the Construction Contract, which is incorporated herein by
reference.
2 With respect to the Owner, this obligation shall be null and void if the
Contractor: .
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants,. and
(Corporate Seal)
2.2 Defends, indemnifies and holds harmless the Owner from claims,
demands, liens or suits by any person or entity whose claim, 'demand,
lien or suit' is for the payment for labor, materials or equipment
turnished tor use in the perfonnance of the Construction Contract,
provided the Owner has promptly notified the Contractor and the
Surety (at the address described in Paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands,
liens or suitsto the Contractor and the Surety, and provided there is
no Owner Detault.
SURETY 5026 (6-92)
S-1853/GEEF 2/98
Page 1 of 2
~ None
o See Page 2
SURETY " :
Company: Travelers Casualty :(~orPorate Sea~)
and Surety Company of America _ ,. :-
Signature: t/ ~/~/~...:
Name and Title: W. G. Van Buskirk, AttorneY-iifFact
OWNER'S REPRESENTATIVE .(Archite~ct, Engineer or other
party):
3 With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for all
sums due.
4 The Surety shall have no obligation to Claimants under this Bond
un ti 1:
4.1 Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in Paragraph 12) and sent a copy, or notice thereof: to
the Owner, stating that a claim is being made under this Bond
and, with substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the
Contractor:
.1 Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last perfonned labor or last furnished materia1s or
equipment included in the claim stating, with substantial
accuracy, the amount of the claim and the nmne of the party
to whom the materials were furnished or supplied or for
whom the labor was done or pertonned; and
:2 '. Have either received a rejcction in wholc or in part from the
Contractor, or not received within 30 days of furnishing tlle
above notice any communication trom the Contractor by which
the Contractor has indicated the claim will bc paid directly or
indirectly; and
.3 Not having been paid within tile above 30 days, have sent a
written notice to the Surety (at the address described in
Paragraph 12) and scnt a copy, or notice thereof, to the Owner
stating ti1at a claim is being made under this Bond and
enclosing a copy of the previous written noticc furnished to the
Contractor.
5 If a notice required by paragraph 4 is given by Owner to the
Contractor or to the Surety, that is sufficient compliance.
6 When tlle Claimant has satisfied the conditions of Paragraph 4, the
Surety shall promptly and at tile Surety's expense take the following
actions:
6.1 Send an answer to the Claimant, with a copy to tlle O\\11er,
within 45 days aiter receipt of the claim, stating the amounts
tilat are undisputed and the basis for challcnging any amounts
that are disputed.
6.2 Payor arrange for payment of any undisputed amounts.
7 The Surety's total obligation shall not exceed the amount oftllis Bond,
and the amount of this Bond shall be credited for any payments made in
good faith by the Surety.
8 Amounts owed by the Owner to the Contractor under the Constmction
Contract shall. be used for the pcrfonnance of the Construction Contract
and to satisfy claims, if allY, under any Construction Perfonnance Bond.
By the Contractor furnishing and the Owner accepting this Bond, they
agree that all funds earned by the Contractor in the performance of the
Construction Contract are dedicated to satisfy obligations of tile Contractor
and tlle Surety under this Bond, subject to the Owner's priority to use the
funds tor the completion of the work.
9 The Surcty shall not be liable to the Owner, Claimants or others for
obligations of the Contractor that are unrelated to the Construction
Contract. The Owner shall not be liable for payment of any costs or
expcnses of any Claimant under this Bond, and shall have under this bond
no obligations to make payments to, give notices on behalf 0[, or otherwise
have obligations to Claimants under tilis Bond.
10 The Surety hereby waives notice of any change, including changes of
time, to the Constmction Contract or to related subcontracts, purchase
orders and other obligations.
11 No suit or action shall be cOlmnenced by a Claimant under this Bond
other than in a court of competent jurisdiction in the location in which
;'.
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
the work or part of the work is located or atlcr the expiration of one year
from tllc date (I) on which the Claimant gave the notice rcquired by
Subparagraph 4. lor Clause 4.2.3, or (2) on which the last labor or service
was performed by anyone or the last materials or equipment were
furnished by anyone under the Construction Contract, whichevcr of (I) or
(2) first occurs. If the provisions of tilis Paragraph are void or prohibited
by law, the minimum period of limitation available to sureties as a defense
in the jurisdiction of the suit shall be applicable.
12 Notice to the Surety, tile Owner or the Contractor shall be mailed or
delivercd to the address shown on tile signature page. Actual receipt of
notice by Surcty, the Owner or thc Contractor, however accomplished,
shall be sufticient compliance as of the date received at tlle address shown
on the signature page.
13 When tllis Bond has been furnished to comply with a statutory or
other legal requirement in the location where tlle construction was to be
perfonned, any provision in this Bond contlicting with said statutory or
legal requirement shall be decmed deleted herefrom and provisions
confonning to such statutory or other legal requirement shall be deemed
incorporated herein. The intent is that this Bond shall be constmed as a
statutory bond and not as a cOlmnonlaw bond.
14 Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, tile Contractor shall promptly furnish a copy of
tilis Bond or shall pennit a copy to be made.
15 DEFINITIONS
15.1 Claimant: An individual or entity having a dircct contract
with the Contractor or with a subcontractor of the Contractor to
furnish labor, materials or equipment for use in the perfonnance of
the Contract. The intent of this Bond shall be to include without
limitation in tenns "labor, materials or equipment" that part of
water, gas, power, light, heat, oil, gasoline, telephone service or
rental cquipment used in the Construction Contract, architectural
and engineering serviccs required for perfonnance of thc work ofthe
Contractor and thc Contractor's subcontractors, and all other items
for which a mechanic's lien may be asserted in the jurisdiction where
thc labor, materials or equipment were furnished.
15.2 Construction Contract: The agreement between the O\\11er
and thc Contractor identitied on the signature page, including all
Contract Documents and changes thercto.
15.3 Owner Default: Failure of the Owner, which has neither been
remedied nor waived, to pay the Contractor as required by the
Construction Contract or to per[onn and complctc or comply Witil
the other tenns thercof.
(Space is provided below for additional signatures of added parties, other tllan those appearing on the cover page.)
CONTRACTOR AS PRINCIPAL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-1853/GEEF 2/98
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
...~...,..........~~. FARMlNGTON CASUALTY COMPANY
_,,<~ ',_.,~ .:~:. "'~" """'" Hartford, Connecticut'06183-9062
::,- ,-~":-'-' .TRAvELERS CASUALTY AND SURETY COMPANY OF ILLINOIS
::: " -. ~,-..
j :" . _ ::: ~ Naperville, llIinois 60563-8458
_ -:<" ~ C
pDWER O~?&TTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEY(S)-IN-FACT
\;~.:--._ v 2' . l
KNOW ALL P~~9~S.P.Y.THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRA~J;ERS. CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,
corporations duly orgailized-under the laws of the State of Connecticut, and having their principal offices in the City of Hartford,
County of Hartford, State of Connecticut, and TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, a
corporation duly organized under the laws of the State of illinois, and having its principal office in the City of Naperville, County of
DuPage, State of Illinois, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make,
constitute and appoint: W. Pat Hopkins, Jr., W. G. Van Buskirk, James R. Williams, Cynthia M. Ward or Renee A. Lauth * *
-.
of Atlanta, GA, their true and lawful Attomey(s)-in-Fact, with full power and authority hereby conferred to sign, execute and
acknowledge, at any place within the United States, or, if the following line be filled in., within the area there designated
the following instrument(s):
by hislher sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the
nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto
and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the .duly authorized officers
of the Companies, and all the acts of said Attorney(s)~in-Fact, pursuant to the authority herein given, are hereby ratified and
confirmed.
This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are
now in full force and effect:
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any
Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact
and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe
to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts ofindernnity, and other writings obligatory in
the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such
appointee and revoke the power given him or her.
VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President
may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is
in writing and a copy thereof is filed in the office of the Secretary.
VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional
undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any
Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any
Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if
required) by one or more Attorneys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or
by one or more Company officers pursuant to a written delegation of authority.
This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following
Standing R~solution voted by the Boards of Directors of .TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY, FARMINGTON CASUALTY COMPANY and
TRAVELERS CASUALTY AND SURETY COMPANY OF ILLINOIS, which Resolution is now in full force and effect:
VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice
President, any Assistant Vice President, any Secretary, any Assistant -Secretary, and the seal of the Company may be affixed by facsimile to any
power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for
purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney
or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and
certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or
undertaking to which it is attached.
(8-97)
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LIST OF PROJECT DOCUMENTS
PEPPERIDGE POINTE RETENTION POND REPAIR
Project Number:
SECTION
PAGES
Instruction to Bidders
IB-l thru IB-3
Georgia Prompt Pay Act
PPA-l thru PPA-2
Minority and Economically
Disadvantaged Business Support
ME-l
Special Conditions
SP-l
Agreement
A-I thru A-4
General Conditions
1 thru 33
Supplementary Conditions
SC-l thru SC-2
Proposal
P-l thru P-3
General Notes
G-l thru G-13
Location Map
LM-I
Traffic Control
TC-l thru TC-23
Scope of Work
SW-l
Cross Section & Standards
CS-I thru CS -3
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SECTION IB
INSTRUCTION TO BIDDERS
IB-O 1 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 INTERPRET A nONS
No interpretation of the meaning of plans, specifications or other pre-bid
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.
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IB-04
PREP ARA TION 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 advertis~ment, on the bid form, or in the special specifications
allow for partial bids. Failure to quote on all items may disqualify the bid. When
quotations on all items are not required, bidders shall insert the works "no bid" where
appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already
submitted will be allowed if submitted by telegraph prior to the time fixed in the
Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the
total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all
owners. Bids of corporations will be signed by an officer of the firm and his signature
attested by the secretary thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bonds is required in illlcases.
IB-OS
BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended, which
will include and cover the furnishing of all material and the performance of all labor
requisite or proper, and completing of all the work called for under the accompanying
contract, and in the manner set forth and described in the specifications.
Where estimated, quantities are included in certain items of the proposal,
they are for the purpose of comparing bids. While they are believed to be close
approximations, they are not guaranteed. It is the responsibility of the Contractor to
check all items of construction. In case of error in extension of prices in a proposal, Unit
bid prices shall govern.
IB-2
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IB-06
BIDDER'S OUALIFICATIONS
No proposal will be received from any bidder unless he can present
satisfactory evidence that he is skilled in work of a similar nature to that covered by the
contract and has sufficient assets to meet all obligations to be incurred in carrying out the
work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL
EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to
working capital available, plant equipment, and his experience and general qualifications.
The owner may make such investigations as are deemed necessary to determine the
ability of the bidder to perform the work and the bidder shall furnish to him all such
additional information and data for this purpose as may be requested. The Owner
reserves the right to reject any bid if the evidence submitted by the bidder or investigation
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.
PERFORMANCE BOND
IB-07
At the time of entering into the contract, the Contractor shall give bond to
the Owner for the use of the Owner and all persons doing work or furnishing skill, tools,
machinery or materials under or for the purpose of such contract, conditional for the
payment as they become due, of all just claims for such work, tools, machinery, skill and
terms, for saving the Owner harmless from all cost and charges that may accrue on
account of the doing of the work specified, and for compliance with the laws pertaining
thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and
authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof a
certified and effectively dated copy of the power of attorney.
IB-08
REJECTION OF BIDS
These proposals are asked for in 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 Agreement is intended by the Parties to, and does,
supersede any and all provisions of the Georgia Prompt Pay Act,
Q.C.G.A. Section 13-11-1, et seq. In the event any provision of
this Agreement is inconsistent with any provision of the Prompt
Pay Act, the provision of this Agreement shall control.
All claims, disputes and other matters in question between the
Owner and the Contractor arising out of or relating to the
Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond County, Georgia. The Contractor, by
executing this Agreement, specifically consents to venue in
Richmond County and waives any right to contest the venue in the
Superior Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the
parties agree that no interest shall be due Contractor on any
sum held as retainage pursuant to this Agreement and Contractor
specifically waives any cla~ to same.
NOTICE
All references in this document, which includes all papers,
wri tings, drawings, plans or photographs to be used in
connection with this document, to "Richmond County Board of
Commissioners" shall be deemed to mean "Augusta-Richmond County
Commission-Council and all references to "Chairman" shall be
deemed to mean "Mayor".
DISPOSALS
Prior to any material from this project being wasted or
otherwise disposed of outside the project limits the Contractor
shall furnish the Engineer a copy of written per.mission, signed
by the property owner (or his authorized agent) describing the
estimated amount and type of material to be placed on said
property. If any portland cement concrete, asphaltic concrete,
wood or other such materials are to be wasted on. the property, a
PPA-l
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copy of the owner's inert landfill permit, issued by the
Environmental Protection Division shall be furnished to the
Engineer prior to any such waste being .removed from the project.
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In all cases, regardless of the material being wasted, a grading
permit issued by Augusta-Richmond County must be furnished to
the Engineer.
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MINORITY AND ECONOMICALLY DISADV ANT AGED 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. lfthe firm does not fall into this category, no
information is necessary.
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PEPPERIDE POINTE RETENTION POND REPAIR
PROJECT NUMBER: 323-04-299823647
SPECIAL CONDITIONS
SCOPE:
This project includes the construction of a new structure, new piping,
grading and grassing in accordance with the specifications and plans. The
Contractor shall supply all materials, equipment, labor and supervision
necessary to properly complete this project.
PROJECT LOCATION:
Proj ect is located off Smoke Tree Road on the south side of the road
adjacent to old Tobacco Road.
LUMP SUM CONSTRUCTION:
Item Number 230-1000 A Lump Sum Construction includes, but is not
limited to the following: Construction layout, all removals and/or
disposals without specific pay items, saw cut existing 54" RCP, obtaining,
maintaining and, restoration of waste and/or borrow pits, backfilling
junction box and 54" pipe, link fence and permanent grass and any other
item without a specific pay item.
CONTRACT DOCUMENTS:
In the event that plan quantities or plan notes differ from those shown in
the contract proposal, the contract proposal shall govern.
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SP-l
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SECTION A
AGREEMENT
THIS AGREEMENT, made on the~ day of cflttlf ' I91%y and between
Augusta-Richmond County Commission-Council
party of the first part, hereinafter called the OWNER, and
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter
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:
Pepperidge Pointe Retention Pond Repair
Project Number: 323-04-299823647
and in accordance with the requirements and provisions ofthe 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 immediately
after the notice by the Owner to the Contractor to proceed. All major items of work shall
be completed no later than 14 days after Notice to Proceed 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 insure full completion thereof within the time specified. It is
expressly understood and agreed by and between the Contractor and the Owner, that the
time for completion of the work described herein is a reasonable time for completion of
the same, taking into consideration the average climatic range and construction
conditions prevailing in this locality.
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IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO
COMPLETE THE WORK WITHIN THE TIME 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 a 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) Progress Payment
On no later than the fifth day of every month, the Contractor shall submit
to the Owner's Engineer, an estimate covering the percentage of the total amount of the
Contract which has been completed from the start of the job up to and including the last
working day of the proceeding month, 'together with such supporting evidence as may be
required by the Owner and/or the Engineer. This estimate shall include only the
quantities in place and at the unit prices as set forth in the Bid Schedule.
On the vendor run, following approval of the invoice for payment, the
Owner shall after deducting previous payments made, pay to the Contractor 90% of the
amount of the estimate on units accepted in place. The 10% retained percentage may be
held by the Owner until the final completion and acceptance of all work under the
Contract.
A-2
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Revised (7/1/99
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 specifications, or from manufacturer's guarantees. It
shall also constitute a waiver of all claims by the contractor except those
previously made and still unsettled.
(d) If after the work has been substantially completed, full completion thereof
is materially delayed through no fault of the Contractor, and the Engineer,
so certifies, the Owner shall upon certification of the Engineer, and
without terminating the contract, make payment of the balance due for that
portion of the work fully completed and accepted.
( e) Notwithstanding any provision of the General Conditions, there shall be
no substitution of materials or change in means, methods, techniques,
sequences or procedures of construction that are not determined to be
equivalent to those indicated or required in the Contract Document,
without an Amendment to the Contract..
Each payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first
mentioned above.
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AUGUSTA-RICHMOND COUNTY
COMMISSION-COUNCIL
(Owner) (;) ~ ,
By: . rJfIvJ
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ta-Richmond-Coun
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Commission-Council
CONTRACTOR: I!lIlI3US 75r?o 711~t2f:",CIi~7:.~ C -:Z;c.
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Arricle
Number Title
DEFINITIONS.............,....................................... .
PRELIMINARY MATTERS....................,...................
CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE ...............................
A V AILA.BILITY OF LANDS: PHYSICAL CO:--lDITIONS:
REFERENCE POINTS..............................................
BONDS AND INSURANCE........................................
CONTRACTOR'S RESPONSIBILITIES............................
OTHER WORK .. ..... ..... .... .....................................
OWNER'S RESPONSIBILITIES....................................
ENGINEER'S STATUS DURI:-IG CONSTRUCTION ..............
CHANGES IN THE WORK......,..................................
CHANG E OF CONTRACT PRICE. . . . . ., .. . , . . . . .. .. .. .. . . . . . . .. . . .
CHANGE OF CONTRACT TIME................ ...................
WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK,.... _.....................
l~ . PA YMENTS TO CONTRACTOR AND COMPLETION ............
15 SUSPENSION OF WORK AND TERMINATION....... ,...... ~..
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8
9
10
II
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16 ARBITRATION.....,................... ............ ................
17 MISCELLANEOUS.................................................
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INDEX TO GENERAL CONDITIONS
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Artici~ or Paragraph
Numb~r
Acceptance of Insurance ............................. 5.13
Access 10 the Work ..................................13.2
Addenda-definition of (see definition of
S peciiications) ........................................ 1
Agreemenr-definition of ................................ J
All Risk !nsur:lnce ..................................... 5.6
Amendment. Written ............................. I. 3.1.1
Application for Paymenr-derinition of ........ _......... 1
Appiication for Payment. Final ...................... 14.12
Application for ?regress Payment .................... 14.2
Application for Progress Payment-review of .... 14.4-14. i
Arbitration ........ -.................................... 16
Authorized Variation in Work ......................... 9.5
A'IaiJaoility of Lands .................................. 4.1
A ward. !'iotice of-defined .............................. 1
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Before Starting Construction ................. _. '" 2.5.2. i
Bid--.ieiinition of ....................................... I
Bonds and Insurance-in general ........................ 5
Bonds--<ieiinition of . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . .. 1
Bonds. Delivery of ............................. _. 2.1. 5.1
Bonds. Performance and Other .................... 5.1 -5.2
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Cash Allowances ..................................... 11.8
Change Order-definition of ............................. I
Change Orders-to be executed ...................... 10.4
Changes in the Work .......... _ .. .. . .. . .. .. . . . .. . . .. . .. 10
Claims. Waiver of~n Final Payment ............... 14.16
Clarifications and Interpretations ....... _.............. 9.4
Cleaning ............................................. 6.1 i
Compie~ion .. . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. ] 4
Compie~ion. Substantial......................... 14.8-14.9
Conference. Preconstruction .......................... 2.8
Conflict. Error. Discrepancy-Contractor
to Rcport ...................................... 2.5. J..3
Construction Machinery. Equipment. ctc. ............. 6.~
Continuing Work..................................... 6.29
Contract Documents-amending and
supplementing ................................... 3.4-3.5
Contract Documents-Oeiinition of ....................... 1
Contract Documents-Inrent ...................... 3.1-3..3
Concrac: Documents-Reuse of ....................... 3.6
Contract Price. Change of .............................. 1 I
COntr.lCl Price........:iefinition ............................... 1
Contr.lC: Time. Change of .............................. 12
Contr.lC: Time. Commencemenr of .................... 2..3
COntr.lc: Time--.ietinition of ............................ I
Contraclor-delinition of .................... _........... 1
Conrr.lctor May Stop Work or Terminate ..... _....... 15.5
Contractor's Continuing Obligation................. _ 14.15
Concr.lctor's Dury to Report Discrepancy
in Documents .................................. 2.5. 3.2
C.:>ntr.lctor's Fce-Cost Plus ... 11.4.5.6. 11.5.1. 11.6-11. i
COncr.lCIOr'S Liability Insurance ....................... 5..3
COntr.lclor's Responsibilities-in general ................ 6
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Contractor's Warranty of Title . . ... ... . ...... .. .. . . ... 14.3
Contracto!"'S--Other ...................................... 7
Contractual Liability Insurance ........................ 5.4
Coordinating Contractor.-:iefinition of ................ 7.4
Coordination ...................................... _... 7.4
Copies of Documems .................................. 2.2
Correction or Removal of Defective Work ........... 13.11
Correction Period. One Year ........................ 13.12
Correction. Removal or Acceptance of Defective
Work-in general ........... ................. 13.11-13.]4
Cost-net decrease. .... .......... .................. 11.6.2
COSt of Work .................................... 11.4-11.5
Costs. Supplemental ................................ ] 1.4.5
Day-deiinition of . . . . . . . . . . . . . " . . . . . . . . . . . . .. . .. _ . . . . .. 1
Defective.-:ieiinition of ................................. I
Defective Work. Acceptance of ..... _................ 13.13
Defective Work. Correction or Removal of .......... 13.11 '
Defeclive Work-in general.... ........... 13.14.7.14.11
Defective Work. Rejecting... .. .. ...... .......... ...... 9.6
Definitions ........ _ . . . . . . . . .. . . . . . . .. . . . . . .. . . . . . . .. .. .. 1
Delivery of Bonds ..................................... .2.1
Determination for Unit Prices ........................ 9.10
DispUtes. Decisions by Engineer. . . . .. . . . . . .. .... 9. Il-9.1.2
Documents. Copies of ................................. 2.2
Documents. Record .................................. 6. 19
Documents. Reuse......... .......... ................. 3.6
Drawings--<ietinition of ................................. 1
Easements ............................................ 4.1
Effective date of .~greemenl-detinition of ......... ...... I
Emergencies ..................... _ . . . . _ . . . . . . . . . . . . .. 6.21
Engineer.-:iefinition of .............. _ . . . . . . . . . . . . . . . . . .. ]
Engineer's Decisions . - ... . .... .... . _ .. .......... 9.10-9.12
Engincer'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. wbor. Materials and... ........ ....... 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
Explorations of physical conditions.. . .. . ....... ...... 4.2
Fee. ComractOr's--CoSts Plus.............. _......... 11.6
'Field Order-<Jetinition of ........................ _ . . . . .. I
Field Order-issued by Engineer ................ 3.5. I. 9.5
Final .~ppiic:ltion for Payment....................... 14.12
Final Inspection ..................................... 14.1 1
Final Payment and Acceptance ...................... 14.13
Final Payment. Recommendation of ........... 14.13-14.14
General Provisions ....,......................... 17.3-li.4
General Requirements--definition of. . . .. ... . . . . . . .. . . . .. I
Gcner.ll Requirements--principal
references to ................. 2.6. 4.4. 6.4. 6.6-6.7. 6.23
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Giving Notice ........................................ 17.1
Guarantee of Work-by Contractor................... 13.1
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Indemnification . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.30-6.32. 7.5
Inspection. Final .................................... 14.11
Inspection. Tests and ................................. 1J.3
Insurance. Bonds and-in general ....................... 5
Insurance. Certificates of ........................... 2.7, 5
Insurance-completed operations. . . . . . . . '. ... . . . . . . . .. 5.3
Insurance. Contractor's Liability ...................... 5.3
Insurance. Contractual Liability....................... 5.4
Insurance. Owner's Liability .......................... 5.5
Insurance. Property.............................. 5.6-5.13
Insurance-Waiver of RightS ......................... 5.11
Intent of Contract Documents ................... 3.3.9.14
Interpretations and Clarifications ...................... 9.4
Investigations of physical conditions................... 4.2
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Labor. Materials and Equipment .................. 6.3-6.5
Laws and Regulations-detinition of ............... . . . . .. I
uws and Regulations-general ....................... 6.14
Liability Insurance-Concractor's ..................... 5.3
Liability Insurance-Owner's ......................... 5.5
Liens-definitions of ................................ 14.2
Limitations on Engineer's
Responsibilities ..................... 6.6, 9.11, 9.13-9.16
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Materials and equipmenc-fumished by Contractor .... 6.3
Materials and equipment-not
incorporated in Work .............................. 14.2
Materials or equipmenc--equivalent ................... 6.7
Miscellaneous Provisions ............................... 17
Multi-prime contracts ................................... 7
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Notice. Giving of................................. .... 17.1
Notice of Acceptability of Project ................... 14.13
Notice of A ward-definition of .......................... I
Notice to Proceeci-<iefinition of ......................... I
Notice to Proceed-giving of .......................... 2.3
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'.Or-Equal.' Items... ................... _.......... _.. _ 6. i
Other contractors .................................. _ . _ .. i
Other work ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. i
Overtime Work-prohibition of . . . . . . . . . . . .. .. . . . . . ; . .. 6.3
Owner-<iefinition of ............ _. ...... _......... ...... I
Owner May Correct Defective Work................. 13.14
Owner May Stop Work. . ............................ 13.10
Owner :vtay Suspend Work. Terminate .......... 15.1-15A
Owner's Duty ro Execute Change Orders ............. 11.3
Owner's Liability Insur:lnce ........................... 5.5
Owner's Representative-Engineer to serve as ........ 9.1
Owner's Responsibilities-in general .................... 8
Owner's Separ:lte Representative at site ............... 9.3
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Partial Utilization .................................. 14.10
Partial Utilization-<ierlnition of ......................... 1
Partial Utilization-Property Insurance... _........ '" 5.15
Patent Fees and Royalties ............................ 6. 1 ~
Payments. Recommendation of ........... 14.4-14. i. 14.13
Payments to C\Jntr:lctor-in genernl .................... 14
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Payments to Contractor-when due ........... 14.4, 14.13
Payments to Contractor-withholding ................ 14.7
Performance and otber Bonds ..................... 5.1-5.2
Permi ts ..... . - . . . . . . . . . . . .. . . . .. . . . . . . . : . .. . . . . . . . . ... 6.13
Physical Conditions ................................... 4.2
Physical Conditions-Engineer's review ............. 4.2.4
Physical Conditions--existing structures..... .. . . .. .. 4.2.2
Physical Conditions--explorations and repons ....... 4.2. I
Physical Conditions-possible document change ..... 4.2.5
Physical Conditions-price and time adjustments .... 4.2.5-
Physical Conditions-report of differing ............. 4.:U
PhysiCal Conditions-Underground Facilities .... _. .. .. 4.3
Preconstruction Conference ........................... 2.8,
Preliminary Matters ...............,..................... 2
Premises. Use of ................................ 6.16-6.18
Price. Change of Contract .............................. 11
Price-Coiltract-<iefinition of ............................ I
Progress Payment. Applications for. .................. 14.2
Progress Payment-retainage ......................... 14.2
Progress schedule ............... 2.6.2.9,6.6.6.29, 15_2.6
Project~efinition of .................................... 1
Project Representation--provision for ................. 9.3
Project Representative, Resident~efinition of .......... I
Project. Starring 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 CorrectioD of Defective Work ........... lJ.ll
Resident Project Representative~efinition of ........... I
Resident Project Representative-provision for........ 9.3
Responsibilities. Contractor's-in general ............... 6
Responsibilities. Engineer's-in general ................. 9
Responsibilities. Owner's-in general.................... 8
Retainage ...................................... _ _.... 14.2
Reuse of Documents .................................. 3.5
Rights of Way...,................. _............ ....... ~.I
Royalties. Patent Fees and ........................... 6.12
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. 15.2.6
Schedule of Shop Drawing
submissions. .... ................. 2.6. 2.8-2.9.6.23. 14.1
Schedule of values ...................... 2.6. 2.8-2.9. I~.l
Schedules. Finalizing .................................. 2.9
Shop Drawings and Samples. ...... ........ .. .... 6.23-6.28
Shop Drawings--<lerinition of. ................ ........... 1
Shop Drnwings. use to approve
substitutions ...................................... 6.7.3
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Site. Visits t~y Engineer ........................... 9.2
Specifications-<iefinition of .............................. 1
Starting Construction. Before.. . . . . . ... . . . .. ... . ... 2.5-2.8
Starting the Project....... .............................. 2.4
Stopping Work-by Contractor....... ................ 15.5
Stopping Work-by Owner ............ .............. 13.10
Subcootractor--<letinition of _......;........... . ... . . . . .. 1
Subcontractors-in general ....................... 6.8-6.11
Subcomracts--requil'ed provisions ............5.11.1. 6.11
11.4.3
Substantial Completion-certification of .............. 14.8
Substantial Completion-definition of. . .. .. . . . . . . . . . . .. .. I
Substitute or "Or-Equal.. Items _...................... 6.7
Subsurface Conditions. . . . . . . . . . . . . . . .... . . . . . . . . .. 4.2-4.3
Supplemental costs ................................. 11.4.5
Supplementary Conditions-definition of ................ 1
Supplementary Conditions-principal
references to .. 2.2.4.2.5.1. 5.3. 5.6-5.8. 6.3. 6.13. 6.23.
7.4.9.3
Supplementing Contract Documents............... 3.4-3.5
Supplier-definition 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
Surety-<::onsent 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
Suspending Work. by Owner ...................;..... 15.1
Suspension of Work and Tennination-in general....... 15
Superintendent--Contractor.s ......................... 6.2
Supervision and Superintendence.................. 6.1-6.2
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Taxes-Payment by Contractor....................... 6.15
Termination-by Contractor.......................... 15.5
Termination-by Owner ......................... 15.2-15.4
Termination. Suspension of Work and-in general...... 15
Tests and Inspections ........................... 13.3-13.7
Time. Change of Contract .............................. 12
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Time. Computation of ................................17.2
Tune. Contract-definition of .... . . . .. . . .. . . . . ; ... .. . ... .. I
Uncovering Work ............................... 13.8-13.9
Underground Facilities-definition of ................. ... 1
Underground Facilities-not shown or indicated..... 4.3.2
Underground Facilities-prolcCtion of .......... .4.3.6.20
Underground Facilities-shown or indicated......... 4.3.1
Unit Price Work-definition of .......................... I
Unit Price Work-general ................. 11.9. 14.1. 14.5
Unit Prices......................................... 11.3.1 '
Unit Prices. Determinations for....................... 9. JO
Use of Premises................................. 6.16-6. J8
Utility owners .......................... 6. J3. 6.20. 7.2-7.3
Values. Schedule of ......................... 2.6.2.9. 14.1
Variations in Work-Authorized............ 6.25.6.27.9.5
Visits to Site-by Engineer ........................ ~ ... 9.2
Waiver of Claims-on Final Payment................ 14.16.
Waiver of Rights by insured panies ............. 5.10.6.11
Warranty and Guaramee-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
Work-definition of ..................................... 1
Work Directive Change-definition of ................... I
Work Directive Change-principal
references to ............................ 3.4.3. 10.1.10.2
Work. Neglected by Contractor .....................13.14
Work. Stopping by Contractor........................ 15.5
Work. Stopping by Owner....................... 15.1-15.4
Written Amendmenr-definition of ...................... I
Written Amendment-principal
references to ..................... 3.4.1. 10.1. 11.2. 11.1
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GENERAL CONDITIONS
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ARTICLE I-DEFlN lTIONS
Wherever used in these Gc:neral Conditions or in the other
Contract Documents the following [c:rms have the mc:anings
indicated which are applicable to both the singular and plural
thereof:
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Addenda- Written or graphic instruments issued prior to the
opening of Bids which clarify. correct or change the bidding
documents or the Contract Documc:nts.
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.4grumellf- The written agreement between OWN ER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
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Application JiJr Paymellf- The form accepted by ENGI-
NEER which is to be used by CONTRACTOR in requc:sting
progress or final payments and which is to include such sup-
porting documentation as is required by the Contract
Documents.
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Bid-The offer or proposal of the bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed.
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Bonds-Bid. performance and payment bonds and other
instruments of security.
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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 Agreement.
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Contra('{ DOclllllents- The Agreement. Addenda (which per-
tain !O the Contract Documentsl. CONTRACTOR's Bid
I inclUding documentation accompanying the Bid and any post-
Bid documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement. the Bonds.
these General Conditions. the Supplementary Conditions. the
Specifications and the Drawings as the same are more spe:-
cifically identified in the: Agreement. together with all amend-
ments. modifications and supplements issued pursuant to
'paragraphs 3..+ and 3.5 ~m or after the Effective Date of the
Agreement.
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Contract Price-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement (subject to the: provisions of paragraph 11.9.1 in
the case: of Unit Price Work).
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Contra('( Till/('- The number of days (computed as provide:d
in paragraph 17.~1 or the date st~lted in the Agreement for the
completion of the Work.
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CONTRACTOR-The person. tirm or corpor.!tion with whnm
OWN ER has entered into the Agreement.
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defecth'e-An adjective which when modifying the word Work
refers to Work that is unsatisfac!Ory. 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 14.10).
Drall'ings- The drawings which show the character and scope
of the Work to be performed and which have been prepareq
or approved by ENGIN EER and are refe:rred to in the Con-
tract Documents.
Effecri,'e D(/{e IIf rhe A!;reemell!- The date indicated in the
Agreement on which it becomes etTective. but if no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
E.VGINEER- The person. firm or corporation named as such
in the Agreement.
Field Order-.~ 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 Requirements-Sections of Division I of the Speci-
fications.
Lall's and Regulations: Lall's or Regulations-Laws. rules.
regulations. ordinances. codes and/or orders.
Notice of A I\'ard- The written notice by OWNER to the
apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein. within the time specified. OWNER will
sign and deli\'er the Agreement.
Notic!! ro Proc!!ed-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing [he date
on which the Contract Time will commence [0 run and on
which CONTRACTOR shall start to ~erform CONTRAC-
TOR.S obligations under the Contract Documents.
ow,vER- The public body or authority. corporation. asso-
ciation. firm or person with whom CONTRACTOR has entered
into the A.greement Jnd for whom the Work is to be pro\'ided.
Parrier! Urili::atioll-Placing a portion of [he Work in service
for the purpose for which i( is intended (or a related purpose)
before reaching Substantial Completion for all the Work.
Project-The total construction of which the Work 10 be
provided under the Contract Documents may be the whole.
or a.part as indicated elsewhere in Ihe Contract Documents.
Rt'sidellt Projecr R"pre.H'I/I{/Ii1'e- The authorized represen-
tative of ENGINEER who is assigned to the site or any part
thereof.
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Shop Drawings-All drawings, diagrams. illustrations.
schedules and other data which are speciiically prepared by
or for CONTRACTOR to illustrate some portion of the Work
and all illustrations. brochures. standard schedules. perfor-
mance charts. instroctions.-diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR to
illustrate material or equipment for some portion of the Work.
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Sp~cifications- Those portions of the Contract Documents
consisting of written technical descriptions of materials.
equipment. construction systems. standards and workman-
ship as applied to the Work and certain administrative details
appliCable thereto.
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Subcontractor-An individual. firm or corporation having a
direct contract with CONTRACTOR or with any other Sub-
contractor for the performance of a part of the Work at the
site.
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Substantial Completion- The Work (or a specified part thereoO
has progressed to the point where. in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion. it is sufficiently complete. in
accordance with the Contract Documents. so that the Work
(or speciiied part) can be utilized for the purposes for which
it is intended: or if there be no such certificate issued. when
final payment is due in accordance with paragraph 14.13. The
terms "substantially compiete.' and .. suostantiaily com-
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
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Supplementary Conditions-The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
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Supplier-A manufacturer. fabricator. supplier. distributor.
materialman or vendor.
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Underground Faciliries-AJJ pipelines. conduits. ducts. cables.
wires. manholes. vaults. tanks. tunnels or other such facilities
or attachments. and any encasements containing such facil-
ities which have been installed underground to furnish any of
the following services or materials: electricity. gases. steam.
liquid petroleum products. telephone or other communica-
tions. cable television. sewage and drainage removal. traffic
or other control systems or water.
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Unit Price Work-Work to be paid for on the basis of unit
pnces.
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Work-The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
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Work Directive Change-A written directive to CONTRAC-
TOR. issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
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ordering an addition. deletion or revision in the Work. or
responding to differing or unforeseen physical conditions under
which the Work is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
Directive Change may not change the Contract Price or the
Contract Time. but is evidence that the parties expect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect. if
any, on the Contract Price or Contract Time as provided in
paragraph 10.2.
Written Amendmenr-A written amendment of the Contract
Documents. signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally deal-
ing with the nonengineering or nontechnical rather than stric:tly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MAITERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of Docum~lUS:
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.
Comm~nceme1Zl o/Contract Time: Notil:e 10 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 thirty days after the Effective Date of the Agree-
ment. In no event will the Contract Time' commence to run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
SlIU"ting the Project:
2.4. CONTRACTOR shall start to perform the Work on
the date when the Contract Time commences to run. but no
Work shall be done at the site prior to the date on which the
Contract Time commences to run.
Before SlIU"ting Construction:
2.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent figures shown
8
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thereon and all applicable field measurements. CONTRAC-
TOR shall prompcly report in wriring to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall obcain a writcen interpretacion or clarifi-
cation from ENGINEER before proceeding with any Work
affected thereby: however. CONTRACTOR shall nor be lia-
ble CO OWNER or ENGINEER for failure co report any
conflict. error or discrepancy in [he Contract Documents.
unless CONTRACTOR had actual knowledge thereof or should
reasonably ha ve known thereof.
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~.6. Within ten days afcer the Effective Dare of the Agree-
ment (unless otherwise specified in the General Require-
ments!. CONTRACTOR shall suhmit to ENGINEER for
review:
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2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
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2.6.2. a preliminary schedule of Shop Drawing sub-
missions: and
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~.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub-
mission.
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2.7. Before any Work at the site is started. CONTRAC-
TOR shall deli\.er to OWNER. with a copy to ENGINEER.
certificates land other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4. and
OWNER shall deliver to CONTRACTOR certificates (and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
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Preconstruction Conference:
~.8. Within twentv days after the Effective Date of the
. Agreement. but before CONTRACTOR starts the Work at
[he site. a conference artended by CONTRACTOR. ENGI-
NEER and llthers as :lppropriate will be h'eld to discuss the
schedules referred to in paragraph 2.6. to discuss procedures
for handling Shop Drawings and other submittals and for
processing Applications for Payment. :lnd to establish a working
understanding among the parties as to the Work.
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Finali:ing Schedules:
~.9. At least ten days before submission of the first Appli-
cation for Pa\ment a conference anended by CONTRAC-
TOR. ENG IN EER and others as appropriate will be held to
finalize the ~chedules submitced in accordance with para-
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graph ~.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time. but such
acceptance will neither impose on ENGINEER responsibility
for the progress or scheduling of the Work nor relieve CON-
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions, The finalized schedule of values will
be acceptable to ENGINEER as to form and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
1 ment:
3.1. 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 (or part thereon to be con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supplied whether or not specifically
called for. When words which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
or codes of any technical society. organization or association.
or to the Laws or Regulations of any governmental authority.
whether such reference be specific or by implication. shall
mean the latest standard specification. manual. code or Laws
or Regulations in effect at the time of opening of Bids lor. 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 consuitants. agents or employ-
ees from those set forth in the Contract Documents. nor shall
it be effective to ;l.ssign to ENGINEER. or any of ENGI-
NEER's consultants. agents or employees. any duty or
authority to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility contrary to the provisions of par<lgraph 9,15 or 9.16.
Clarifications and interpretations of the Contract Documents
~hall be issued by ENGINEER as provided in paragraph 9,4.
3.3. If. during the performance oflhe Work. CONTRAC-
TOR finds a conflict. error or discrepancy in the. Contract
Documents. CONTRACTOR shall so report to ENGINEER
in writing at once and before proceeding with the Work affected
thereby shall obtain a written interpretation or clarification
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from ENGINEER: however. CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to repo" any
conflict. error or discrepancy in the Contract Documents
unless CONTRACTOR had actual knowledge thereof or should
reasonably have"known mereof.
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Amending and SuppLeme1lling Conl1'act Documems:
3.4. The Contract Documents may be amended to pro-
vide for additions. deletions and revisions in the Work or to
modify the terms and conditions thereof in one or more of
me following ways;
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3.4.1. a formal Written Amendment,
3.4.2. a Change Order (pursuant to paragraph 10.4),
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3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
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As indicated in paragraphs 11.2 and 11.1. Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
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3.5. In addition. the requirements of the Contract Docu-
ments may be supplemented. and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
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3.5.1. a Field Order (pursuant to paragraph 9.5).
3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27), or
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3.5.3. EN G IN EER' s written interpretation or clarifi.
cation (pursuant to paragraph 9.4).
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Reuse of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
n~shing an y 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 thereof) prepared by or bearing the
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
verification or adaptation by ENGINEER.
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ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL
CONDITIONS: REFERENCE POINTS
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AI1aiUzbiJily of Lands:
4.1. OWNER shall furnish. as indicated in the Contract
Documents. the lands upon which the Work is to be per-
formed. rights-of-way and easements for access.thereto; and
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such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER. unless otherwise provided in the COntract
Documents. .If CONTRACTOR believes that any delay in
OWNER.s furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in A"icle 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 Coruiilions:
4.2.1. Explorations and Reports: Reference is made
to the Supplementary Conditions for identification of those
repo"s of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRA.CTOR may
rely upon the accuracy of the technical data contained in
such repo"s. 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.
4.1.2. Existing Structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the ,site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in ,the immediately preceding sentence and in
paragraph 4.1.6. CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to such structures.
4.2.3. Reporr of Differing Conditions: If CONTR..~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 4.2.~ is inaccurate. or
4.2.3.2. 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 6.22). notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
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4.2.*, ENGINEER's Rel'iell': ENGINEER will
promptly review the pertinent conditions. detennine the
necessity of obtaining additional c:xplorations or tests with
respect thereto and advise OWN ER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and con-
clusions.
4.2.5. Possihle Document Cltan(!e: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
4.2.6. Possihle Price and Time Adjustments: In each
such case. an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles j I and 12.
physical Conditions-Cnderground Facilities:
4.3.1. Sholl'n or Indicated: The information and data
shown or indic:lted in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the
site is based on infonnation 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:
..U. I. I. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
.U.I.:. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina-
tion of the Work with the owners of such Underground
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6.20 and
repairing any damage thereto resulting from the Work.
the cost of all of which will be considered as having
been included in the Contract Price.
4.3.2. Not Sholl'n or Indicated. If an Underground
Facility is uncovered or revealed at or contiguous to the
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have been expected to be aware of. CONTRACTOR
shall. promptly after becoming aware thereof and before
perfonning any Work affected thereby (except in an emer-
gency as permitted by paragraph 6.22>. identify the owner
of such Underground Facility and give written notice thereof
to that owner and to OWNER and ENGINEER. ENGI-
NEER will promptly review the Underground Facility to
determine the extent to which the Contract Documents
should be modified to reflect and document the conse-
, quences of the existence of the Underground Facility. and
the Contract Documents will be amended or supplemented
to the extent necessary. During such time. CONTRAC-
TOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time. or both.
to the extent that they are attributable to the e-.;istence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOK
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 11 and I:.
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 OWN ER. CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and pay-
ment Bonds. each in an amount at least equal to (he 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 C ondi-
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 '.C om-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
panies" as published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts. U.S. Treasury Department. All
Bonds signed by an agent must be accompanied by a certiried
copy of the authority to act.
5.2, If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right
to do business is lerminateLl in any st:lle where any p:Jrt of
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the Project is located or it ceases to meet the requirements
of paragraph 5.1. CONTRACTOR shall within five days
thereafter substitute another Bond and Surety. both of which
must be acceptable to OWNER.
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CO~IQr's Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR.s
other obligations under the Contract Documents. whether it
is to be performed or furnished by CONTRACTOR. by any
Subcontractor. by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable:
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5.3.1. Claims under workers' or workmen' s compen-
sation. disability benefits and other similar employee ben-
efit acts;
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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 (a) by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR. or
(bl by any other person for any other reason:
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5.3.5. Claims for damages. other than to the Work
itself. because of injury to or destruction of tangible prop-
erty wherever located. including loss of use resulting
therefrom;
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5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages because of bodily injury or death of
any person or for damage to property: and
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5.3. i. Claims for damages because of bodily injury or
death of any person or propeny damage arising out of the
ownership. maintenance or use of any motor vehicle.
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The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions. or required by law. whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur-
ance so required to be purchased and maintained (or the
certiticates or other evidence thereoO shall contain a provi-
sion or endorsement that the coverage afforded will not be
cancelled. materially changed or renewal refused until at least
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thirty days. prior written notice has been given to OWNER
and ENGINEER by cenified mail. All such insurance shall
remain in effect until tinal payment and at all times thereafter
when CONTRACTOR may be correcting. removing or
replacing defective Work in accordance with paragraph 13.12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two years after final payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
Co~ruaJ. Liabiliry Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include conrractualliability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
Owner's LitJbiliry Insurance:
5.5. OWNER shall be responsible for purchasing and
maintaining 0 WNER . 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 Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions. OWNER shall purchase and maintain propeny
insurance upon the Work at the site to the full insurable value
thereof(subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulations!. This insurance shall include the interests
of OWNER. CONTRACTOR. Subcontractors. ENGINEER
and ENGINEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured panies. shall insure
against [he perils of tire and extended coverage and shall
include "'all risk'. insurance for physical loss and damage
including theft. vandalism and malicious mischief. collapse
and water damage. and such other perils as may be provided
in the Supplementary Conditions. and shall include damages.
losses and expenses arising out of or resulting from any insured
loss or incurred in the repair or replacement of any insured
property (including but not limited to fees and charges of
engineers. architects. attorneys and other professionals!. If
not covered under the "'all risk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchase and maintain similar propeny insurance on ponions
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 propeny 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 panics.
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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.
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance [0 protect the intert: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.
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.
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. i and any
other property insurance applicable to the Work. and also
waive all such rights against the Subcontractors. ENG 1-
NEER. ENGINEER's consultants and all other parties
named as insureds in such pOlicies for losses and damages
so caused. A.s required by paragraph 6.11. each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's consultants and all other parties named as insureds.
None of [he above waivers shall extend to [he rights that
any of the insured parties may have to the proceeds of
insur<lnce held by OWNER as trustee or otherwise par-
able: under ;'InY policy so issued.
5.11.2. OWNER and CONTRACTOR intend that anr
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide primary
coverage for all losses and damages caused by [he perils
co\'ered thereby. Accordingly. all such policies shall con-
tain provisions to the effect that in the event of payment
of any loss or damage the insurer will have no rights l)f
reco\'ery ag;'linst any of the parties named as insureds or
additional insureds. ;,md if the insurers require separate
waiver forms to be signed by ENGINEER or ENGI-
NEER.s CllOsultant OWNER will obtain the s;.\me. and if
such waiver forms are required of any Subcontractor.
CONTRACTOR will obtain the same.
Receipt and Appiu:ation of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds. as their interests may appear. subject to the require-
ments of any applicable mortgage clause and of paragraph
5.13. OWNER shall deposit in a separate account any money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made. OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the parties in interest may reach. If required in writing by
any party in interest. OWNER as trustee shall. upon the
occurrence of an insured loss. give bond for the proper per-
formance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded
by or other provisions of the insurance reql.:ired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5.4 on the basis of its not complying
with the Contract Documents. OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such certificates to OWNER in accordance with
paragraph :".7. rf 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 no~ 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 other as complying with the Contract
Documents.
Parriai ~'tiii:.J1tion-Properry Insurance:
5.15. If OWNER finds it necessary to occupy' or use a
portion or portions of the Work prior to Substantial Comple-
tion of all the Work. such use or occupancy may be accom-
plished in accordance with paragraph 14.10: provided that no
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such use or occupancy shall commence before the insurers
providing the property insurance have .acknowledged notice
thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insur-
ance shall consent by endorsement on the policy or policies.
but the property insurance shall not be cancelled or lapse on
account o[ any such panial use or occupancy.
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ARTICLE &-CONTRACTOR'S RESPONSIBILITIES
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Supervision and Superiruendence:
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 shall be solely responsible for the.
means. methods. techniques. sequences and procedures of
construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means. method. technique. sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to 'see that the finished Work complies accurately with the
Contract Documents.
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6.2. CONTRACTOR shall keep on the Work at 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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Labor. MaJerUzls and Equipment:
6.3. CONTRACTOR shall provide competent. suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or
adjacent thereto. and except as otherwise indicated in the
Contract Documents. all Work at the site shall be performed
during regular working hours. and CONTRACTOR 'will not
permit overtime work or the performance of Work on Sat-
urday. Sunday or any legal holiday without OWNER's writ-
ten consent given after prior written notice to ENGINEER.
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6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment. labor. transportation.
construction equipment and machinery. tools. appliances.
fuel. power. light. heat. telephone. water. sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing. performance. testing. stan-up
andcomp/etion of the Work.
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6_5. All materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence (including reports of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed. con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assign to
ENGINEER. or any of ENGINEER's consultants. agents or
employees. any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or author-
ity to undertake responsibility contrary to the provisions of
paragraph 9.15 or9.16.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance Ito the extent indicated in paragraph :.9) adjust-
ments in the progress schedule to reflect the impact thereon
of new dev.:lopments: these win conform generally to the
progress scheduie then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
SubstiJules or "Or-EqlUll" Items:
6.7. I. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the naming of the item is intended to establish the type.
function and quality required. Unless the name is followed
by words indicating that no substitution is permined.
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI.
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute will perform ade-
quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time, whether or not acceptance of the substitute
for, use in the Work will require a change in any of the.
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitu~e and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license fee or
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royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of aJJ.costs that will resull 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 ENGIN EER
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 furnish or
utilize a substitute means. method. sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitUle proposed is
equivalent to that indicated or required by the Contract
Documents. The procedure for review by E~GlNEER
will be similar to that orovided in paragraph 6.7. I 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
ENG IN EER' s prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in eva:uating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby. \Vhether or
not ENGINEER accepts a proposed substitute. CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluat-
ing c:ach proposed substitute.
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Concerning Subcontractors. Suppliers and Others:
6.8.1. CONTRACTOR shall not employ an\' Subcon-
tractor. Supplier or other person or organization I including
chose acceptable to OWNER and ENGINEER as indi-
cated in paragraph 6.8.2). 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 llr
organization to furnish or pert'orm any of the Wllrk against
whom CONTRACTOR has reasonable objectillO.
6.8.2. If the Supplementary Conditions require the
identity of certain Subcontractors. Suppliers llr other per-
sons or organizations jincluding those who are to furnish
the principal items llf materials and cquipmenll [0 be sur.-
mined to OWN ER in advance of the specified datc prior
to the Effective DatI: of the Agreemenl for acc.:pcance r.y
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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 ENGINEER.s accept-
ance (either in writing or by failing to make written objec-
tion thereto by the dale 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 waiverofany right of OWNER or ENGI-
NEER to reject defee/h'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 part of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subcontractor. Supplier or other
person or organization except as may otherwise be required
by Laws and Regulations.
6. 10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific tmde.
6.1 I. .-\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 [0 paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and roy-
allies and assume all COSlS incident 10 the use in the perfor-
mance of the Work or the incorporation in the \Vork of any
invention. design. process. product or device which is the
subject of patent rights or copyrights held by others. If a
particular invention. design. process. product or device is
specified in [he Contract Documents for use in the pert'or-
mance of the Work and iftllthe actual knowledge of OWN ER
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or ENGINEER its use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to others.
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmless OWNER, and ,ENGINEER and anyone
directlX or indirectly employed by either of them from and
against all claims. damages. losses and expenses (including
attorneys' fees and coun and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the performance of the Work or resulting from the
incorporation in the Work of any invention. design. process.
product or device not specified in the Contract Documents.
and shall defend all such claims in connection with any alleged
infringement of such rights.
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Pmnia:
6.13. Unfess otherwise provided in the Supplementary
Conditions. CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR. when necessary. in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
which are applicable at the time of opening of Bids. or if there
:u;e no Bids on the Effective Date of the Agreement. CON-
. TRACTOR shall pay all charges of utility owners for con-
nections to the Work. and OWNER shall pay all charges. of
such utility owners for capital costs related thereto such as
plant investment fees.
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LAws and Regulalions:
6.14.1. CONTRACTOR shall give all notices and
comply witb all Laws and Regulations applicable to fur-
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations. neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations.
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6.14.:. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations. CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations. and without such notice to
ENGINEER. CONTRACTOR shall bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
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Taxes:
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6.15. CONTRACTOR shall pay all sales. consumer. use
and other similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
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place of the Project which are applicable during the perfor-
mance of the Work.
Vse of Premises:
6.16. CONTRACTOR shall confine constrUction equip-
ment. the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations. rights-
of-way. permits and easements. and shall not unreasonably -
encumber the premises with constrUction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area. or to
the owner or occupant thereof or of any land or areas contig-
uous thereto. resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work. CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall. to the
fullest extent permitted by Laws and Regulations. indemnify
and hold OWNER and ENGINEER harmJess from and against
all claims. damages. losses and expenses (including. but not
limited to. fees of engineers. architects. attorneys and other
professionals and court and arbitration costs) arising directly.
indirectly or consequentially out of any action. legal or equi-
table. brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6_17; During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remove
all waste malerials. 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 property not
designated for alteration by the Conlract Documents.
6. 18. CONTRACTOR shall not load nor permil any part
of any structure to be loaded in any mannerthat will endanger
the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record Documellls:
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings. Specifications.
Addenda. Written Amendments. Change Orders. Work
Directive Changes. Field Orders and written interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available to ENGINEER for reference. Upon com-
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pletion of the Work. these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
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Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for the safety of. and shall
provide the necessary protection to prevent damage. injury
or loss to:
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6.20.1. all employees on the Work and other persons
and organizations who may be 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 ofT the
site: and
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6.20.3. other propeny at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pavements. road-
ways. structures. utilities and Underground Facilities nOl
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 LJ nderground
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-
eny. All damage. injury or loss to any propeny referred to
in paragraph 6,20.2 or 6.20.3 caused. directly or indirectly.
in \...hole or in pan. by CONTRACTOR. any Subcontractor.
Supplier or any other person or organization directly or indi-
rectly employed by any of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable.
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose acts either
of them mav be liable. and not attributable. directly or indi-
'rectly. in whole or in pan. to the fault or negligence of CON-
TR.~CTOR). CONTRACTOR's duties and respllOsibilities
for the safety :lnd protection of [he Work shall continue until
such lime as all the Work is completed and ENGI~EER has
issueu a nmice to OWNER and CONTRACTOR in accord-
ance with par.lgraph 14./3 that the Work is acceptable (except
as otherwise expressly provideu in connection wilh Substan-
tial Completion l.
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6.: I. CONTRACTOR shall designate a respllnsible rep-
resentative at [he site whose duty shall be the pre\'entilln lH'
accidents. Thi~ person shall be CONTRACTOR' s superin-
tendent unless otherwise uesignated in writin~ by CO;--.i-
TR.~CTOR 10 OWN ER.
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Emergencies:
6.22. In emergencies affecting the safety or protection of
persons or the Work or propeny 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 ur 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 a~
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions (see para-'
graph 2.91. or for other appropriate action if so indicated in
the Supplementary Conditions. five copies (unless otherwise
specified in lhe 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 ENGINEER
for review and approval with such promptness as to cause
no delay in Work. all samples required by the Contract Doc-
uments. All samples will 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.
peninent data such as catalog numbers and the use for \vhich
intended.
6.25.1, Before submission of each Shop Drawing or
sample CONTR.~CTOR shall h:l\'e determined and veri-
fied all quantities. dimensions. specified performance cri-
teria. installation requirements. materials. calalog num-
bers and similar data \\'ith respect thereto and reviewed
or coordinateueach Shop Drawing or sample with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents.
6.25.2. ,Al the time llf each submissiun. CONTR.~C-
TOR shall give ENGIN EER specific wrilten notice of each
variation that [he Shop Drawings or samples may have
from the requirements llf the Cllntract Documenls. and.
in addition. shall cause: a specific notation [u be made on
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each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
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6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and samples. but ENGI-
NEER's review and approval will be only for coniormance
with the design concept of the Project and for compliance
with the information given in the Contract Documents and
shall not extend to means. methods. lechniques. sequences
or procedures of construction (except where a specific means.
method, lechnique. 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 anention
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 6.25.2 and
ENGINEER has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval: nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.2.5 .1.
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6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
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Conlinuing 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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1 ruUmnificalion:
6.30. To the fullest extent permined by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims. damages, losses and
expenses. direct. indirect or consequential (including but not
limited to fees and charges of engineers. architects. attorneys
and other professionals and court and arbitration costs) aris-
ing out of or resulting from the performance of the Work.
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provided that any such claim. damage. Joss or expense (a) is
attributable to bodily injury. sickness. disease or death. or to
injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting therefrom and
(b) is caused in whole or in 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 an y 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
Related Work aJ Sue:
i. I. 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 contr.lCts 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. written notice thereof will be
given to CONTRACTOR prior to starting any such other
work: and. if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to agree
as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Articles II and 12.
7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER. if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work. and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting. fitting and patching of
the Work that may be required to make its several parts come
together properly and integrate with such other work. CON-
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TRACTOR shall not endanger any work of others by cutting.
excavating or otherwise altering their work and will only cut
or alter their work with the written consent of ENGINEER
and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct comracts between
OWNER and such utility owners and other comractors.
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 OWNERl. 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.
Coordination:
7.4. If OWNER contracts with others for the perfor-
mance of other work on the Project at the site. the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions,
and the specific matters to be covered by such authority and
responsibility will be itemized, and the extent of such author-
ity and responsibilities will be provided. in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions. neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination.
ARTICLE 8-0WNER'S RESPONSIBILITIES
8.!. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
8.::. In case of termination of the employment of ENGI-
NEER, OWNER shall appoint an engineer agains.t 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 appoinl-
ment shall be subject to arbitration.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER.s duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.1 and 4.4. Para-
graph 4.:: refers to OWNER.s identifying and making avail-
able to CONTRACTOR copies of reportS of explorations and
tests of subsurt'ace conditions 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. 0 WN ER. 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 I j.!' Paragraph 15.::
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and quality of [he executed Work and to deter-
mine, in general. if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required
to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. ENGINEER's efforts
will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform to the
Contract Documents. On the basis of such visits and on-site
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 Representation:
9.3. If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Project Representative to Jssist
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 represenl OWNER at the site
who is not ENGINEER's agent or employee. the duties.
responsibilities and limitations of authority of such other
person will be as provided in the Supplementary Conditions.
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Clarifications and. InurpreuuiDns:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings
or otherwise) as ENGINEER may determine necessary. which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR
believes that a written clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree to the
amount or extent thereof. CONTRACTOR may make a claim
therefor as provided in Article II or Article 12.
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AlIlhoriud Var".m:ions in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Cont:ract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contraer Documents. These may be accomplished by a
Field Order and will be binding on OWNER. and also on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the panies are unable to agree as to
the amount or extent thereof. CONTRACTOR may make a
claim therefor as provided in Article 11 or 12.
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R~j~cting Def~ctive Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective. and
will also have authority to require special inspection or testing
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. CJumge Orden and Paym~nts:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples. see paragraphs 6.23 thrOUgh
6.29 inclusive.
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9.8. In connection with ENGINEER's responsibilities as
to Change Orders, see Anicles 10. II and 12.
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.9.9. In connection with ENGINEER.s responsibilities in
respect of Applications for Payment. etc.. see Anicle 14.
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Determiruuions for UniJ Prit:es:
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed bv CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER.s preliminary determinations on such matters
before rendering a written decision thereon (by recommen-
c1ation of an Application for Payment or otherwise). ENGI-
NEER.s written decisions thereon will be final and binding
upon OWNER and CONTRACTOR. unless. within ten clays
after the c1ate of any such decision. either OWNER or CON-
TRACTOR delivers to the other party to the Agreement and
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to ENGINEER written notice of intention to appeal from
such a decision.
Decisions on DupUles:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and jUdge of the
acceptability of the Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements 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. iO and 9. I 1. ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.10 and 9.11 with respect
to any such claim, dispute or other matter (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or other matter.
Limiullions 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 exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor. any Supplier. or any other person or organization
performing any of the Work. or to any surety for any of them.
'9.14. Whenever in the Contract Documents the terms ..as
ordered'". ..as directed... ..as required.'. "as allowed... "as
approved'. or terms of like effect or impon are used. or the
adjectives . 'reasonable '., .. suitable'.. '. acceptable". .. proper"
or ..satisfactory'. or adjectives of like effect or impon are
used to describe a requirement. direction. review or judgment
of ENGINEER as to the Work. it is intended that such
requirement. direction. review or judgment will be solely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wise). The use of any such term or adjective shall not be
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effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary
to the 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 ENGIN EER will not be respon-
sible for CONTRACTOR.s failure to perform or furnish the
Work in accordance with the Contract Documents.
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9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor. any
Supplier. orof any other person or organization performing
or furnishing any of the Work.
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ARTICLE l{}-CHANGES IN THE WORK
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10.1. Without invalidating the Agreement and without notice
to any surety. OWNER may. at any time or from time to
time. order additions. deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
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10.:!. rfOWNER 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 Article I:!.
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10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended. modified and supple.
mented as provided in paragraphs 3.4 and 3.5. except in the
case of an emergency as provided in paragraph 6.22 and
.except in the case of uncovering Work as provided in para-
graph 13.9.
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10.4. OWNER and CONTRACTOR shall execute appro-
priate Change Orders tor Written Amendments) covering:
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10.4.1. changes in the Work which are ordered by
OWNER pursuant to paragraph 10.1. are required because
of acceptance of defectil'e Work under paragraph 13. I ~ or
correcting J,:'ecril'e Work under paragraph 13.I~. or 3re
agreed to by the parties:
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IDA.:!. changes in the Contract Price or Contract Time
which are :Jgreed to by the p:Jrties: am!
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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 genera! 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 Il-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.
II.:!. 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 davs) after the occurrence of the event giving rise to
the ~lai~ and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence I 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 claim
for an adjustment in the Contract Pric:: will be valid if not
submitted in accordance with this paragraph 11.2.
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Contract
Price shall be determined in one of the following ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents. by. applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9. I. through
11.9.3. inclusivel.
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11.3.2. By mutual acceptance of a Jump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph I J .6.2. J).
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11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs I I A and I 1.5) plus a
CONTRACTOR.s Fee for overhead and profit (dercr-
mined as provided in paragraphs I 1.6 and 11.7).
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. Cost a/tire Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper !)erformance 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
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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1104.1. 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. heaJthand
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 wjth 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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J 1.4.3. 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 of 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 transporta-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
I \.4.5.2. Cost. including transportation and main-
tenance. of all materials. supplies. equipment. machin-
ery. appliances. office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the Work. and cost
less market value of such items used but not consumed
which remain the property of CONTRACTOR.
I 1.4.5.3. Rentals of all construction equipment and
machinery an,d the parts thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER, and the costs of transportation. loading,
unloading, installation. dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The rental of any such equipment. machin-
ery or pans shall cease when the use thereofis no longer
necessary for the Work.
I I .4.5.4. Sales. consumer, use or similar taxes
related to the Work. and for which CONTRACTOR is
liable. imposed by Laws and Regulations.
1\.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.
\\.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 shaH 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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II A.5. 7, The cost of utilities. fuel and sanitary
facilities at the site.
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11 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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11.4.5.9. Cost of premiums for additional Bonds
and insurance requireu because of changes in the Work
and premiums for properlY insurance coverage within
the limits of the deuuctible amounts established by
OWNER in accordance with paragraph 5.9.
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11.5. The term COSt of the 'Nork 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 partner-
ship and sole proprietorships). general managers. engi-
neers. architects. estimators. altomeys. auditors. accoun-
tams. 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 branch office for general administra-
tion of the Work and not specifically included in the agreed
upon schedule of job classifications referred 10 in para-
graph 1 1.4.1 or specifically covered by paragraph 11.4.~
all of which are to be considered administrative COStS
covered by the CONTRACTOR's Fee.
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11.5.2. Expenses 0f CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site.
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11.5.3. Any part of CONTRACTOR 's capital e.xpenses.
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 che cost of premiums covered by sub-
paragraph 1I,~.5.9 above).
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11.5.5. Costs due to the negligence of CONTRAC-
TOR. any Subcontra..:tor. or anyone uirectly or indirectl~'
employed by any of i;,.:m or for who<:e acts ;iny of them
may be liahle ir.':/'IUin!; but nOI limiteJ to. the correction
of "1:'./('( ti.. '.' 'or!':. Jisposal llf materials or equipment
wrongly SUI ~,f ,'., ~ ...,aking goot! any dam;lge [0 prop-
erty.
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11.5.6. Other o\.erhead or general expense costs l)!
any kint! anu the CllstS of any item not specifically :lnu
expressly indudet! in paragraph II A.
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CONTRACTOR's Fee:
11.6. The CONTRACTOR's Fee allowed to CONTRAC-
TOR for overheau 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. ;) fee based on the following percentages of the
various ponions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 1\ A.J
and 11.4.2. the CONTRACTOR's Fee shall be fifteen
percent:
11.6.2.2. for costs incurred under paragraph II A.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 an 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
thro.Jgh 11.6.2.4. inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraph 11.4 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. I. The allowances include the cost to CON-
TRACTOR (Jess 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 costs for unloading and
handling on the site. bbor. instalhltion Costs. overhead.
profit and other expenses contemplated for the allowances
have been included in the Contract Price and not in the
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allowances. No demand for additional payment on accoUnt
of any thereof will be valid.
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Prior to final payment. an appropriate Change Order will be
issued as recommended by ENGINEER to retlect actual
amounts due CONTRACTOR on account of Work covered
by allowances. and the Contract Price shall be correspond-
ingly adjusted.
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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.]0.
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11.9.2. Each unit price will be deemed to include an
amount considered by CO~1RACTOR to be adequate to
cover CONTRACTOR. s overhead and profit for each sep-
arately identified item.
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11.9.3. Where the quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Article II if the panies are
unable to agree as to the amount of any such increase.
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ARTICLE 12-CHANGE OF CONTRACT TIME
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'12.1. The Contract 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 patty making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accom-
panied by the claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the 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 Contr.lCt Time will
be valid if not submitted in accordance with the requirements
of this paragraph 12.1.
]2.1. The Contr.lCt Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include. but not be limited to.
actS or neglect by OWNER or others performing additional .
work as contemplated by Article 7, or to fires. tloods. labor
disputes. epidemics. abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contr.lCt Documents
are of the essence of the Agreement. The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers. architects.
attorneys and other professionals and court and arbitration
costs) for delay by either party.
ARTICLE 13-W ARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS:
CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Wal"TlUIl}' and G lUU"tUJUe:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be defective.
Prompt notice of all defects shall be given to CONTR.o\C-
TOR. All defective Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13.
Accns to Wark:
13.2. ENGINEER and ENGINEER's representatives.
other representatives of OWNER. testing agencies and gov.
ernmental agencies with jurisdictional. imerests will have access
to the Work at reasonable times for their observation. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
Tests and InspecluJIIs:
13.3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for all required inspections. tests or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) to specifically
be inspected. tested or approved. CONTRACTOR shall
assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required certificates
of inspection. testing or approval. CONTRACTOR shall also
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be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN-
ER's or ENGINEER's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work. or of
materials or equipment submitted for approval prior to CON-
TRACTOR's purchase thereof for incorporation in the Work.
The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract 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. [f any Work (including the work of others) that is
to be inspected. tested or approved is covered without written
concurrence of ENGIN EER. it must. if requested by ENG 1-
NEER. be uncovered for observation. Such unco\'ering shall
be at CONTRACTOR's expense unless CONTR.-\CTOR 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. [fany Work is covered contrary to the written request
of ENG[NEER. it must. if requested by ENGl~EER. be
unco\.ered for ENG[NEER's observation and reolaced at
CONTRACTOR's expense. .
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13.9. [f ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others. CONTRACTOR. at ENGINEER's
request. shall uncover. expose or otherwise make available
for observation. inspection ~r testing as ENGI:\EER may
require. that portion of the Work in question. furnishing all
,necessary labor. material and equipment. [f it is found that
such \Vork is "~fe('til'('. CONTRACTOR shall bear all direct.
indirect and consequential costs of such uncovering. expo-
sure. observation. inspection and testing and of ~atisfaclOry
reconstruction. I includine but not limited to fees and charees
of engineers. architects. ;norneys and other prufessionaisl.
and OWN ER shall be entitled to an appropriate decrease in
the Contract Price. and. if the parries are unable t~) aeree as
to the amount thereof. may make a claim therefor:ls pr~vided
in Articlt: II. If. ho\\ ever. such Work is not t'~'und to be
de.ti'('(i\'('. CO:\TRACTOR ~hall be allowetl an increase in
the Contract Pric\. .r ...1 c\;cns;on of the Contract Time. ~'r
both. directly ;lnrioulablc 10 such uncovering. e:xposure.
obser..ation. inspection. testin!:! and reconstructil'n: and. if
the parries are unabk to agre~ as 10 the amount or extent
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thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles 11 and 12.
Owner May SLOp the Work:
13.10. If the Work is defectil'e. or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents. OWNER may order CONTRACTOR to s~op the
Work. or any portion thereof. until the cause for such order
has been eliminated: however.. this right of OWNER to stop,
the Work shall not give rise to any duty on the parr of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party.
Correcrion or Removal of Defecrive Work:
13.11. If required by ENGINEER. CONTRACTOR shall
promptly, as directed. either correct all defectil'e Work.
whether or not fabricated. installed or completed. or. if the
Work has been rejected by ENGINEER. remove it from the
site and replace it with nOlldefectil'e Work. CONTRACTOR
shall bear all direct. indirec: :lOd consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers. architects. anorneys and other profes-
sionals) made necessary thereby.
One Year Correclion 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 defectiJ'e. CONTRACTOR shall promptly.
without cost to OWNER and in accordance with OWNER's
wrinen instructions. either correct such defectil'e Work. or.
if it has been rejected by OWNER. remove it from the site
and replace it with llondefectiJ'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 defecril'e Work cor-
rected or the rejected Work removed and replaced. and all
direct. indirect and consequential COSts of such removal and
replacement (including but not limited to fees and charges of
engineers. architects. attorneys and other professionals) will
be paid by CONTRACTOR. In special circumstances where
a particular item of equipment is placed in cOn!inuous service
before Substantial Completion of all the Work. the correction
period for that item may start to run from an earlier date if
so provided in the Specifications or by Written Amendment.
Acceprance of Defective Work:
13.13. [f. instead of requiring correction or removal and
replacement of J(:ii.('ti\'(' Work. OWNER land. prior to
ENGIN EER's recommendation of final payment. also
ENGINEER) prefers to accept it. OWNER may do so. CON-
TRACTOR ~hall bear all dirc:ct. indirect and consequential
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Costs attributable to 0 WNER' s evaluation of and determi-
nation to accept such defective Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges ,of engineers. architects. attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment, a
Change Crder will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Work:
and OWNER shall be entitled to an appropriate decrease in
the Contract Price, and. if the parties are unable to agree as
to the amount thereof. OWNER may make a claim therefor
as provided in Article II. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
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OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13 .11. or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents. or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents. OWNER may. after seven days' writ-
ten notice to CONTRACTOR. correct and remedy any such
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action. OWNER
may exclude CONTRACTOR from all or pan of the site, take
possession of all or part of the Work, and suspend CON-
TRACTOR's services related thereto. take possession of
CONTRACTOR's tools. appliances. construction equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER.s represen-
tatives. agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct. indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Grder will be issued incol1'orating the necessary revisions in
the Contract Documents with respect to the Work: and
OWNER shall be entitled to an appropriate decrease in the
Contract Price. and. if the parties are unable to agree as to
the amount thereof. OWNER may make a claim therefor as
provided in Article 11. Such direct. indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers. architects. attorneys and other professionals.
all 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
extension of the Contract Time because of any delay in per-
formance ofthe Work attributable to the exercise by OWNER
ofOWNER's rights and remedies hereunder.
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ARTICLE 14-PA YMENTS TO CONTRACTOR AND
COMPLETION
SciudW.e of VaJues:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incol1'orated 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.
Appii.cation for Progress Paymeru:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a monthl. 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 incol1'orated in
the Work but delivered and suitably stored at the site or at
another location agreed to in writing. the Application for
Payment shall also be accompanied by a bill of sale. invoice
or other documentation warranting that 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 WlZ1TtUJty ofTitk:
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.
Revi4w of Appii.cJzlions 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 afterpresentation 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 ENGl-
NEER's review of the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the point indicated: that. to the best of ENGI-
NEER's knowledge. information and belief. the quality of
the Work is in accordance with the Contract Documents
(subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. io the results of any
,subsequent tests called for in the Comract Documents. to a
final determination of quantities and classifications for Unit
. Price Work under paragraph 9.10. and to any other qualifi-
cations stated in the recommendation!: and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that exhaus-
tive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specitically assigned to ENGINEER in the
Contract Documents or that there may not be O!her 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. ENGINEER'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 to protect OWNER from
loss because:
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l~. 7.1. the Work is defecril'e. or completed Work has
been damage? requiring correction or replacement.
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1...7.:. the Comract Price has been reduced by Writ-
ten Amendment or Change Order.
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rh'e Work or complete Work in accordance with paragraph
13.1-+. or
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1-+.7.4. of ENGINEER.s actual knowledge of the
occurrence of any of the events enumerated in paragraphs
15.::./ through 15.::.9 inclusive.
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OWNER may refuse to make payment of the full amount
recommended by ENGINEER because claims have been
made against OWNER on account ofCONTRACTOR's per-
formance or furnishing of the Work or Liens have heen fikd
in connection with the Work or there are other items entitling
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OWNER to a set-off against the amount recommended. but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for such
action.
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
ENGIN EER shall make an inspection of the Work to deter-
mine the status of completion. If ENGIN EER does not con-
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete.
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If. after considering such objec-
tions. ENGINEER concludes that the Work is nor substan-
tially complete. ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing. stating the reasons therefor. If.
after consideration of OWNER's objections. ENGINEER
considers the Work substantially complete. ENGINEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
Completion (with a revised tentative list of items to be com-
pleted or corrected I reflecting such changes from the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWNER. At the time of delivery
of the tentative certificate of Substar.rial Completion ENGI-
NEER will deliver to OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR with
respect to security. operation. safety. maintenance. heat.
utilities. insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the definitive
certificate of Substantial Completion. ENGINEER's afore-
said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14,9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion. but OWN ER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative list.
Pani4l Utili:.ation:
14.10. Use by OWN ER of any finished part of the Work.
which has specifically bt:t:n identified in the Contract Do!:u-
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ments. or which OWNER. ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
part 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
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees. CONTRACTOR will certify to OWNER
and ENGINEER that said part of the Work is substantially
complete and request ENGINEER to issue a certificate of
Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable time after either such request. OWNER.
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its s,atus of
completion. If ENGINEER does not consider that part of
the Work to be substantially complete. ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of the
Work to be substantially complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
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14.10.2. OWNER may at any time request CON-
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and wiil prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security. operation. safety. maintenance. utilities. insur-
ance. warranties and guarantees for that part of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such part of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to
complete other related Work.
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14.10.3. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect ofpropeny
insurance.
Final Inspection:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and wijj notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
Final Appii.calion for Payml!1U:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating ins01lctions. schedules. guaran-
tees. Bonds. certificates 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 Work. In
lieu thereof and as approved by OWNER. CONTRACTOR
may furnish receipts or releases in full: an affidavit of CON-
TRACTOR that the releases and receipts include aU labor.
services. material and equipment for which a Lien could be
filed. and that all payrolls. material and equipment bills. and
other indebtedness connected with the Work for which
OWNER or OWNER's property might in any way be respon-
sible. have been paid or otherwise satisfied: and consent of
the surety. if any, to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
FiTUJ1 Paymem arui Acceptance:
14.13. If. on the basis oi ENGINEER's observation of
the Work during construction and final inspection. and
ENGINEER's review of the final Application for Payment
and accompanying documentatio~ll 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
wrinen notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of paragraph 14.16.
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Otherwise. ENGINEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final payment. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thirty days after presentation to OWNER of the
Application and accompanying documentation. in appropri-
ate form and substance. and with ENGINEER's recommen-
dation and notice of acceptability. the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR.
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14.14. If. through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms. OWNER shall. upon receipt of CON-
TRACTOR's final Application for Payment and recommen-
dation of ENGINEER. and without terminating the Agree-
ment. make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
balance [0 be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
menr. and if Bonds have been furnished as required in para-
graph 5.1. the written consent of the surety to the payment
of the balance due for that ponion of the Work fully com-
pleted and accepted shall be submilled 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 Oh/igaJion:
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 any use or occupancy of the Work or any part thereof by
OWNER. nor any act of acceptance by OWNER nor any
failure to do so. nor any review and approval of a Shop
Drawing or sample submission. nor the issuance of a notice
of acceptability by ENGINEER pursuant to paragraph 14.13.
nor any correction of defectil'e Work by OWNER will con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
'Documents (except as provided in paragraph 14. ]61.
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Wai~'er ofC/aims:
14.16. The making and acceptance of final payment will
constitute:
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14.16.1. a waiver of all claims by OWNER against
CO~TRACTOR. except claims arising from unsellkd
Liens. from "e.f(-ni!'/' Work appearing after final inspec-
lion pur,~uant to paragraph 14. II ur from failure III comply
with [he Cuntract Documents or [he terms of any special
gU:lranlc:es specitieu [herein: however. it will nll( consti-
lUle a w;J;\'er hy OWN ER of any rights in r.:sp.:ct of
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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 IS-SUSPENSION OF WORK AND
TERMINATION
Owner Ma_v 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 I I
and 12.
Owner May Termiruue:
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 I I. United
States Code). as now or hereafter in effect. or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency:
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing. or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvenq~:
15.2.3. if CONTRACTOR makes a general assignment
for the benefit of creditors:
15.2A. if a trustee. receiver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract, whose appointment or authority to take charge
of property of CONTRACTOR is for the pU'l'ose of
enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit
of CONTRACTOR's creditors:
15.2.5. if CONTRACTOR admits in writing an inabil-
ity to pay its debts generally as they become uue:
15.2.6. if CONTRACTOR persistently fails to perform
the Work in uccordance with the Cuntr.lct 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 lime to time):
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15_2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body havingjurisdiction:
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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 court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance. CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work performed.
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15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER. OWNER may. without cause and
without prejudice to any other right or remedy. elect to aban-
don the Work and terminate the Agreement. In such case.
CONTRACTOR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses. which
will include. but not be limited to. direct. indirect and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects. attorneys and other professionals
and court and arbitration costs).
Col'Urttttor May Stop Work or Termintlle:
15.5. If. through no act or fault of CONTRACTOR. the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public authoriry.
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. te:minate
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 seve'n days.
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
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ARTICLE 16--ARBITRATION
16.1 All claims, disputes and other matters in question. between
OWNER and. CONTRACTOR arising out of, or relating to, the Contract Docu-
ments or the breach thereof shall be decided under Georgia Law in the
Superior Court of Richmond County, Georgia.
(The remainder of this page was left blank intentionally.)
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ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provIsIon of the Contract Docu-
ments requires the giving of written notice. it will be deemed
to have been validly given if delivered in person to the indi-
vidual or to a member of the firm or to an officer of the
corporation for whom it is intended. or if delivered at or sent
by registered or certified mail. postage prepaid. to the last
business address known to the giver of the notice.
CompuJiJlion 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.
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury
,or damage to person or property because of any error. omis-
sion or act of the other party or of any of the other party's
employees or agents or others for whose acts the other party
is legally liable. claim will be made in writing to the other
party within a reasonable time of the first observance of such
injury or damage. The provisions of this paragraph 17.3 shall
nol. be construed, as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here.
under to the parties hereto. and. in particular but without
limitation. the warranties. guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.30. 13.1.13.12.13.14,
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 particular duty. obliga-
tion. right and remedy to which they apply. All representa-
tions. warranties and guarantees made in the Contract Doc-
uments will survive final payment and termination or com-
pletion of the Agreement.
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SECTION P
PROPOSAL
Date:
Gentlemen:
In compliance with your invitation for bids dated , 19_, the
undersigned hereby proposes to furnish all labor, equipment, and materials, and to
perform all work for the installation of streets, and appurtenances referred to herein as:
PEPPERIDGE POINTE RETENTION POND REPAIR
Project Number: 323-04-299823647
in strict accordance with the Contract Documents and in consideration of the amounts
shown on the Bid Schedule attached hereto and totaling:
DOLLARS ($
)
The undersigned hereby agrees that, upon written acceptance of this bid, he will
within 10 days of receipt of such notice execute a formal contract agreement with the
OWNER, and that he will provide the bond or guarantees required by the Contract
Documents.
The undersigned hereby agrees that, if awarded the contract, he will commence
the work immediately after the date of written Notice to Proceed, and that he will
complete all major items of work no later than 14 days after Notice to Proceed.
The undersigned acknowledges receipt of the following addenda:
Respectfully submitted
(Name of Firm)
(Business Address)
By:
Title:
P-l
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PeplPeridge Point, Retention Pond Repair
Detailed Estimate
ITEM NO. DESCRIPTION UNIT QTY UNIT PRICE AMOUNT
171-0010 TEMP. SILT FENCE. L.F. 150 $ $
TYPE A 3.50 .5 25.00
207-0203 FOUND. BKFILL. e.Y. 20 $ $
MATL. TYPE II (6"
THICKNESS) 25. DO SOC>. DO
*230-1000 LUMP SUM LUMP 1 $ $
CONSTRUCTION 750a.oCJ "7. sao. 00
500-3800 CLASS" A" CONe. C.Y. 5.83 $ $
~CL,RETINF.STEEL
(1125 OUlLET
HEADWALL FOR 54"
PIPE) es~.oo 4- 955.50
603-2997 FIL TER FABRIC S.Y. 50 $ $
/.00 356,00
603-1012 STONE PLAIN RIP S.Y. 50 $ $
RAP, TYPE 1, 18~. 3ct.otJ /, 7 tJe) . ao
550-1540 STORM DRAIN PIPE 54 L.F. 56 $ $
~ - (HI-IO) (RCP) /50.00 8 4t>t). ()()
668-5000 JUNCTION BOX (9031- EACH 1 $ $
'* U-SPECIAL DESIGN)
(USE 48" PIPE
DIMENSIONS) ~, OtJO. ao ~, tJtJt:J. tJO
668-5000 REMOVE AND EACH 1 $ $
RECONSTRUCT
SANITARY SEWER
MANHOLE 6 (JcJC. ao b,o~.t:Jo
TOTAL $ 3s-.930.StJ
*LUMP SUM CONSTRUCTION ~CLUDES, BUT IS NOT LIMITED TO: CONSTRUCTION
LAYOUT, ALL REMOVALS AND/OR DISPOSALS WITHOUT SPECIFIC PAY ITEMS,
SAW CUT EXIST~G 54" RCP, OBTAlNING, MAINTAINING AND, RESTORATION
OF WASTE AND/OR BORROW PITS, BACKFILL~G JUNCTION BOX AND 54" PIPE,
LINK FENCE AND PERMANENT GRASS.
*' 't'f<lCE &s~t) ON 11?e. tAr-r S"X.
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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.
AGGREGA TE 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
sub grade. Section 318 is further modified to permit the use of crusher run stone
as described in Subsection 806.02. The Contractor will have the choice of the
following materials.
Graded Aggregate
Coarse Aggregate Size 467
Stabilizer Aggregate Type I or 2
Crushed Stone
Subsection 815.01
Subsection 800.01
Section 803
Subsection 806.02
All materials to be used as directed by the Engineer.
AS-BUILT PLANS:
The Contractor shall furnish a legible set of "as-built" plans, in good condition, to
the Project Inspector no later than the date of the Final Inspection. Such plans
shall have all significant changes marked in red. The Project Inspector shall
review the marked plans for accuracy, legibility and completeness. As-built
plans, approved by the Project Inspector, must have the Inspector's signature on
the cover sheet. No "as-built" plans will be accepted without the approval of the
Project Inspector. '
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COMP ACTION:
All compaction shall be as defined in the current edition of Georgia Department
of Transportation Specifications. Special attention shall be given to the backfill
of minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.).
Compaction shall be achieved using approved tamps and soil layers of
approximately 6 inches (loose measure) and in accordance with Georgia
Department of Transportation Standards 1030-D and 1401. Backfilling
operations of this nature shall not begin until the Contractor has on hand all
equipment, in good working condition, and competent operators.
The backfilling of pipe and other minor structures shall be in accordance with
Georgia Department of Transportation Standard Specifications, Current Edition.
Backfilling with sand using jetting and/or flooding will not be allowed in any case
without the written permission ofthe 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.
The Contractor shall provide borrow and/or waste pits for this project. All pits
acquired for use on this project shall be reclaimed in accordance with Section 160
of the Standard Specifications. The Contractor's attention is directed to
Subsection 107.23 of the Specifications.
All storm drain pipe, side drain pipe, pipe culvert wingwalls, steps, retammg
walls, curbs and gutters, headwalls, all types of pavement, wooden structures,
except those specifically shown as a removal pay item will be removed as
Clearing and Grubbing, Grading Complete, Grading Per Mile or Lump Sum
Construction.
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All miscellaneous construction details shall be m accordance with Georgia
Standard 9031-H.
CONSTRUCTION LAYOUT:
Construction layout work shall be performed by the Contractor. See Section 149
of the Standard Specifications. The survey for this project was made by
CONSTRUCTION SCHEDULE:
The Contractor shall prepare a schedule identifying the primary construction
activities and/or phases for constructing this project. This schedule shall be
presented at the Pre-Construction Conference.
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.
ENGINEER:
In all contract documents, specifications, supporting documents, etc., the term
"ENGINEER" means, and shall be deemed to mean, the Augusta-Richmond
County Public Works Director or his designated representative.
EROSION AND SEDIMENT CONTROL:
The Contractor shall be responsible for all soil erosion and sediment control
practices. All on-site erosion control shall comply with local Augusta Richmond
County erosion and sediment control ordinances. The cost of this work shall be
included in the cost of the project unless shown as a separate pay item.
EXCESS MA TERlAL:
All excess material is to be disposed of as directed by the Engineer or as noted in
Subsection 107.23 ofthe Specifications and in accordance with page PPA-1 and
PP A-2
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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 ofthe training from a
Department approved training program. Failure to provide certified Flaggers as
required above shall be reason for the Engineer suspending work involving the
Flagger(s) until the Contractor provides the certified Flagger(s).
Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest,
shirt, or jacket, and shall use a Stop/Slow paddle meeting the requirements of
Section 6F-2 of the MUTCD for controlling traffic. The Stop/Slow paddle shall
have a shaft length of seven (7) feet minimum. In addition to the Stop/Slow
paddle, a Flagger may use a 24 inch square red/orange flag as an additional device
to attract attention. For night work, the vest shall have reflectorized stripes on
front and back.
Signs for Flagger traffic control shall be placed in advance of the flagging
operation in accordance with the MUTCD. In addition to the signs required by
the MUTCD, signs at regular intervals, warning of the presence of the Flagger
shall be placed beyond the point where traffic can reasonably be expected to stop
under the most severe conditions for that day's work.
FOUNDATION BACKFILL MATERIAL, TYPE I:
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D
and Section 207 of the Standard Specifications. No separate payment will be
made for this material or its placement.
FOUNDATION BACKFILL MATERIAL, TYPE II:
Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D
and Section 207 of the Standard Specifications and shall be used in wet/unstable
conditions as directed by the Engineer. It shall also be used beneath all concrete
box culverts. Quantities shall be measured for payment in accordance with
Georgia Standard 1030-D or as directed by the Engineer. Payment shall be per
cubic yard unless otherwise specified in the contract.
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GRADES:
With the approval of the Engineer, grades may be field adjusted to, provide for
best drainage.
GRADING:
In contracts where grading, including excavation for drainage structures, is
accomplished under Section 210 (Grading Complete or Grading Per Mile) or
Section 230 (Lump Sum Construction), the Lump Sum amount bid will include
all work necessary to obtain the line, grade and compaction in accordance with
the Specifications arid other contract documents. There will be no separate
payment for any work of this nature including borrow and the removal of
unsuitable and/or unstable material. However, the Contractor shall make
whatever investigations he deems necessary to determine the extent of any borrow
or removal necessary to meet contract requirements. If it develops that removal
of unsuitable/unstable materials quantities could not have been predicted by the
Contractor from a reasonably thorough investigation of project conditions, the
Contractor may request negotiation for payment for excavation of this nature in
areas where the depth exceeds three (3) feet below subgrade. The Owner will
consider negotiation only when this type of removal is excessive and the
Contractor provides evidence that he thoroughly investigated project conditions
prior to entering his bid. Only those quantities in excess of three (3) 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
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 payment will be made for grassing, fertilizing and mulching
of disturbed areas, unless specifically shown as a pay item.
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Discontinued roads or other areas inside or outside the project construction limits,
but within the existing or required right-of-way, shall be obliterated and restored
as nearly as possible to the original contour of the ground (see Section 205 of the
Standard Specifications). No separate payment will be made for this work.
Where item number 700-6001 is shown as a pay item, Georgia Department of
Transportation Specifications are modified to provide that the lump sum price bid
shall be full payment for all fertilizer, lime and nitrogen. No separate
measurement for payment will be made for ariy 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.
INSPECTIONS:
This project will be inspected by the Engineer or his Representative.
MISCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structures such as Catch Basins, Drop Inlets;
Manholes, Junction Boxes, Spring Boxes, Drain Inlets, Special Inlets, etc.,
whether standard or special design shall be paid for Per Each. There will be no
separate payment for additional depth unless specifically shown as a pay item.
NOTE: All Catch Basins, Drop Inlets, Manholes, exposed Junction Boxes, etc.,
with concrete topslabs shall include manhole rings and covers.
PATCHING AND REPAIR OF MINOR DEFECTS:
Where necessary, the contractor is required to patch and repair existing potholes,
minor pavement defects and base failures in accordance with the Specifications.
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PAYMENT FOR PIPE CULVERT INST ALLA nON:
1. Payment for pipe culvert or utility installation includes sawing and/or
cutting and removing existing pavement and replacing the pavement
as specified in accordance with Standard 1401.
2. Payment for pipe culvert includes plugging existing pipe with Class
"A" or "B" Concrete (See Georgia Standard 9031-L).
3. Payment for pipe culvert includes any required Concrete Collars (See
Georgia Standard 9031-U).
4. All storm drain and longitudinal pipe shall include O-ring gaskets.
PIPE CULVERTS:
Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be
reinforced concrete with a-Ring gasket joints.
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 as Drop Inlets, Catch Basins,
Manholes, etc., shall not be installed without written permission from the
Engineer. Any such units installed without such written permission shall be
removed from the project.
PROPERTY CONRNERS AND MARKERS:
All right-of-way markers where required shall conform to Standard 9003. Right-
of-way markers shall be flush with the finished ground-line when so directed by
the Engineer.
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REMOVING AND RESETTING Of OBSTRUCTIONS:
It shall be the Contractor's responsibility to remove and reset any and all
obstructions, such as fences, signs, concrete or brick planters, steps, walkways,
brick or concrete entrance columns, etc., which are in conflict with construction.
Contractors are responsible for the security of pets and/or personal property
through the use of temporary fence if necessary. No separate payment will be
made for this work except when shown as a separate pay item.
RIGHT-Of-WAY AND EASEMENTS:
The Contractor shall not perform any work outside the limits of the right-of-way
or easements. In addition, no equipment or material shall be placed outside these
areas without written permission of both the property owner and the Engineer.
In the event that the Contractor elects to utilize private property for any 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.
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 cleaned and stored within the right-of-way by the Contractor. These
materials shall be picked up and transported by Augusta Richmond County forces.
The Contractor is responsible and shall make restitution to Augusta Richmond
County for materials damaged through his negligence.
SAW CUTS:
When matching eXIstmg conditions, saw cuts shall be used as required by
Augusta-Richmond County. Only saw cuts in Portland Cement Concrete which
are shown as contract pay items will be paid for separately. No saw cuts in
asphaltic concrete will be paid for separately.
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SPECIFICA nONS, STANDARDS AND OTHER DATA:
All references in this document, (includes all papers, wntmgs, documents,
drawings, or photographs used or to be used in connection with this document), to
State Highway of Georgia, State Highway Department, Highway Department, or
Department when the context thereof means the Georgia Department of
Transportation means, and shall be deemed to mean, Augusta-Richmond County,
Augusta-Richmond County Commission-Council Department of Engineering
Services.
The data, together with all other information shown on these plans, or indicated in
any way thereby, whether by drawings or notes or in any other matter, are based
upon field investigations and are believed to be indicative of actual conditions.
However, the same are shown as information only, are not guaranteed, and do not
bind Augusta-Richmond County, Georgia in any way. Only the actual quantities
completed and accepted will be paid for. The attention of the bidder is
specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard
Specifications, of the Georgia Department of Transportation, current edition,
which will be part of this contract.
This project is based on and shall be constructed in accordance with the State of
Georgia Department of Transportation Standard Specifications for Construction
of Roads and Bridges, current edition and any supplements thereto. All of these
specifications shall be considered as 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 and Construction Details.
STORM DRAIN PIPE:
Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be
reinforced concrete and shall include O-ring gaskets.
SUBCONTRACTORS:
The Contractor shall furnish the official name of all firms he proposes to use as
Subcontractors in the work. This information should be furnished at the
Preconstruction Conference. However, no work shall be done on this project by a
Subcontractor until the Contractor receives written approval of his
Subcontractor(s) from the Engineer. The Engineer shall notify the Contractor in
writing within 10 calendar days whether or not approval of the Subcontractor(s) is
granted.
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NOTE: All submission shall include the following information for each
Subcontractor.
1) Name of Subcontracting Firm
2) Description of Work To Be Done
3) Contact Person's Name and Phone Number
Copies of all submission shall be submitted to:
Ms. Brenda Byrd-Pelaez
Room 211 Municipal Building
530 Greene Street
Augusta, Georgia 30911
TESTING OF THE WORK.:
The Contractor shall employ a qualified materials testing laboratory to monitor
more fully the quality of materials and work and to perform such tests as may be
required under the contract documents as conditions for acceptance of materials
and work. THE ENGINEER MAY ORDER TESTING AT ANY TIME HE
DEEMS PROPER TO CONTROL THE QUALITY OF THE WORK..
Concrete compressive strength tests are required on this project (see Section 500
ofthe Georgia Department of Transportation Specifications). Other tests may be
required where necessary.
All test results are to be submitted to the Engineer. No separate payment will be
made for employing the testing laboratory for any required tests.
On projects that include asphaltic concrete, cores shall be cut in the asphaltic
concrete at random locations, selected by the Engineer, to verify 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.
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.
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TEST ROLLING:
Prior to placing any base course, the sub grade 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
be furnished by the Contractor with payment in accordance with Section 150.
The Contractor shall so conduct his operations that there will be a minimum of
interference with, or interruption of, traffic on the 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.
UTILITIES:
The Contractor's attention is directed to the possibility of encountering private
utility installations consisting of sanitary sewers, water, sprinkler systems,
ornamental light systems, gas and underground telephone cables that either are
obstructions to the execution of the work and need to be moved out of the way or,
if not, must be properly protected during construction. No separate payment will
be made for this work. Public utilities of this nature will be handled by the utility
owner.
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THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK
BEGINS:
Georgia Power Company
Post Office Box 488 .
Augusta, Georgia 30904
Telephone (706) 724-0892
Attention: Parker Land
Georgia Natural Gas Co
Post Office Box 1426
Augusta, Georgia 30913
Telephone (706) 722-7791
Attention: Carl Pearso
Bell South
3841 Wrightsboro Road
Augusta, Georgia 30909
Telephone (706) 828-8500
Attention: Bert Neese
Jones Intercable, Inc.
1424 Monte Sano Avenue
Augusta, Georgia 30904
Telephone (706) 736-6515
Attention: Kevin O'Meara
Urban Services Water & Sewer
2760 Peach Orchard Road
Augusta, Georgia 30906
Telephone (706) 796-5000
Attention: Robin McMillon
UTILITIES:
All utility facilities which are in conflict with construction, not covered as
specified items in the detailed estimate, are to be removed and relocated to clear
construction by the respective owners, unless added later to the contract as a
supplemental item. All "above ground" utility structures will be located as near
as possible to the right-of-way line.
The Contractor will not be paid for any delays or extra expense caused by utility
facilities, obstructions or any other items not being removed or relocated to clear
construction in advance of his work.
All known utility facilities are shown schematically on highway plans, and not
necessarily accurate in location as to plan or elevation. Utility facilities such as
'service lines or unknown facilities not shown on the plans will not relieve the
contractor of his responsibility under this requirement except as noted below.
"Existing Utility Facilities" means any utility facility that exists on the highway
project in its original, relocated, or newly installed position.
Other than service lines from street mains to the abutting property the Contractor
will not be held responsible for the cost of repairs to damaged underground utility
facilities when such facilities are not shown on the plans and their existence is
unknown to the Contractor prior to the damage occurring, providing the Engineer
determines the Contractor has otherwise fully complied with the Specifications.
The following utility owners have facilities which may conflict with construction
of this project:
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NAME OF UTILITY OWNER
TYPE OF FACILITY
Georgia Power Company
Georgia Natural Gas Company
Jones Intercable T.V.
BellSouth
Augusta- Richmond
County 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 execution ofthe 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 work area must be erected in areas
where these conditions exist.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 1SD-TRAFFIC CONTROL
August 28, 1995
First Use: October 20, 1995
Modification of Special Provision
Section ISO - Traffic Control (Rev. JWle 21, 1994)
Retain Section 150 as written and add the following:
For this project, all references to flags on COnstruction warning signs in the Standard Construction Details
listed below are deleted except for signs which are mOWlted at less than seven (7') feet in height (portable
signs).
Standard Construction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Across Median
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscellaneous Details
In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated
September 3, 1993.
1~O.02 WORK ZONES: Delete "Work Zones" and substitute: Temporary Traffic Control Zones.
150.02. B.2.: Delete last sentence and substitute: Channelization device spacing shall be 10 feet for 200
feet in advance of the temporary gore, and 10 feet for the first 100 feet of the temporary gore.
150.03. F.1. MATERIALS - INTERIM SIGNS: Retain as written and add second paragraph.
Posts for all interim signs shall be constructed to yield upon impact unless the posts are protected
by guardrail, portable barrier, impact attenuator or other type of positive barrier protection.
Unprotected posts shall meet the breakaway requirements of the "1985 AASHTO Standard
Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals".
Unprotected post splices will not be permitted any higher than four inches above the gToWld line
to lessen the possibility of affecting the undercarriage of a vehicle.
150.03.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE
REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF
WARNING FLAGS.
Delete first sentence of second paragraph and substitute:
Construction warning signS which are mOWlted at less than seven feet in height (portable signs) shall
have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each sign.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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150.04.E.2.a.2.: Retain as written and add: In lane shift. areas skip lines are not allowed. Solid lines are
required.
150.04. E.2.b.1.: Retain as written and add: In lane shift. areas skip lines are not allowed; Solid lines are
required.
150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute TJ'pe
11 {eleven}.
150.10 PAYMENT: Item No. 641- Delete reference to Type 9 and substitute Type 11 (eleven).
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
June 22, 1994
First Use: July 24, 1994
Modification of Standard Specifications, 1993 Edition
Retain Section 150 as written and add the following:
For this project, all references in the Standard Construction Details listed below to Type I Barricades,
Type II Barricades, Type "A" flashing-lights and Type "C" steady burn lights are deleted, except that
Type "C" lights will be required for tapers in nighttime lane closures.
Standard Construction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Across Median .
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscellaneous Details
In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform to Part VI of the MUTeD, Revision 3, dated
September 3,1993.
Detail "A" as shown on Georgia Standard 4960 is deleted.
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
Rev. June 21, 1994
First Use: July 24,1994
Rev.: August 16,1994
Modification of the Standard Specifications, Current Edition
Delete Section 150 as written and substitute the following:
150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTeD shall be
considered the Traffic Control Plan. Activities. shall consist of furnishing, installing, maintaining, and
removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic
CXlntrol devices and shall include flagging and other means for guidance and protection of vehicular and
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
pedestrian traffic through the Work Zone. This Work shall include both maintaining existing devices
(excluding Traffic Signals) and installing additional devices as necessary in construction work zones.
When any provisions of this Specification or the Plans do not meet the minimum requirements of the
Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition of the
MUTCD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration of the
project.
A. The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor
CWTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices
in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's
traffic control responsibilities shall have priority over all other assigned duties.
As the representative of the Contractor; the WTCS shall have full authority to act on behalf of the
Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in
safe traffic control practices in accordance with Part VI of the MUTeD. In addition to the WTCS all
others making decisions regarding traffic control must meet the training requirements of Part VI of
the MUTCD. On projects where traffic control duties will not require full time supervision, the
Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as
satisfactory results are obtained.
The WTCS shall have a copy of the MUTCD on the job site. Copies of current MUTCD may be
obtained from:
U.S. Government Printing Office
Superintendent of Documents
Mail Stop: SSOP
Washington, D.C. 20402-9328
The WTCS shall be available on a 24-hour basis as needed to maintain traffic control devices with
access to all personnel, materials and equipment necessary to respond effectively to an emergency
situation within forty-five (45) minutes of notification of the emergency.
The WTCS shall supervise the initial installation of traffic control devices which will be reviewed by
the Engineer prior to the beginning of construction. Modifications to traffic control devices as required
by sequence of operations or staged construction must be reviewed by the WTCS. The 'WTCS shall
regularly perform inspections to ensure that traffic control is maintained.
B. All traffic control devices used during the construction of a project shall meet the Standards utilized
in the MUTCD, and shall comply with the requirements of these Specifications, Project Plans, and
Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09.
C. All reflectorization for construction (black on orange) signs, object markers, and channelization
devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other
signs shall meet the requirements of Type I unless otherwise specified.
D. No work shall be started on any project phase until the appropriate traffic control devices have been
placed in accordance with Project requirements. Changes to traffic flow shall not commence unless
all labor, materials, and equipment necessary to make the changes are available on the Project.
E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation,
sequence of work and methods of providing for the safe pass~e of vehicular and pedestrian traffic
befol e it is placed in operation. The proposed plan of operation should supplement the approved
traffic control plan. Any major changes to the approved traffic control plan, proposed by the
Contractor, are to be submitted to the Department for approval in accordance with Subsection 104.03
of the Standard Specifications.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Some additional traffic control details will be required prior to any major shifts of traffic. The traffic
control details shall include, but not be limited to, the following:
1. A detailed drawing showing traffic location and laneage for each step of the change.
2. The location, size, and message of all signs required by the MUTCD, Plans, Special Provisions,
and other signs as required to fit conditions.
3. The method to be used in, and the limits of, the obliteration of conflicting lines and markings.
4. Type, location, and extent of new lines and markings.
5. Horizontal and vertical alignment and superelevation rates for detours, including cross section
and profile grades along each edge of existing pavement.
6. Drainage details for temporary and permanent alignments.
7. Location, length, and/or spacing of channelization and protective devices (temporary barrier,
guardrail, barricades, etc.)
8. Starting time, duration and date of planned change.
9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing
workforce, materials, and equipment necessary to accomplish the proposed work. This will be the
minimum resource allocation required in order to start the work.
The above details shall be submitted to the Engineer for approval at least 14 days prior to the
anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has
been approved by the Engineer prior to commencement of the physical shift. All preparatory work
relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the
designated starting time. The Engineer and the Contractor's representative will verify that all
conditions have been met prior to the Contractor obtaining materials for the actual traffic shift.
F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be
maintained in accordance with Subsection 104.05 throughout the constrnction period. All
unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic
control devices shall be removed, placed or covered so as not to be visible to traffic. If traffic control
devices are left in place for more than ten days after completion of the Work, the Department shall
, have the right to remove such devices, claim possession thereof, and deduct the cost of such removal
from any monies due, or which may become due, the Contractor.
G. The Department reserves the right to restrict construction operations when, in the opinion of the
Engineer, the continuance of the Work would seriously hinder traffic flow on days immediately before,
on, or after holidays or other days in which unusual traffic conditions exist, including threatening or
inclement weather.
150.02 WORK ZONES:
A In addition w the other provisions contained herein, work zone traffic control shall be accomplished
using the following means and materials:
1. Portable advance warning signs as required by the contract or meeting the requirements of the
MUTCD and Sub-Section 150.03.
2. Portable sequential or flashing arrow panels as shown in the Plans or Specifications for use on
Interstate or multi-lane highway lane closure only, shall be a minimum size of 48" high by 96"
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
wide with not less than 15 lamps used for the arrow. The arrow will occupy virtually the entire
size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum
legibility distance is that distance at which the arrow panel can be comprehended by an observer
on a sunny day, or clear night. Arrow panels shall be equipped with automatic dimming features
for use during hours of darkness. The arrow panels shall also meet the requirements as shown
in the MUTeD. The sequential or flashing arrow panels shall not be used for lane closures on two-
lane, two-way highways when traffic is restricted to one-lane operations in which case,
appropriate signing, flaggers and when required, pilot vehicles will be deemed sufficient.
3. Portable changeable message signs meeting the requirements of Section 632 and the MUTeD.
4. Channelization devices meeting the standards of the MUTeD and Subsection 150.05.
5. Precast concrete barrier meeting the requirements of Section 622.
6. Temporary traffic signals meeting the requirements of Section 647.
7. Pavement-marking materials complying with Subsection 150.04.A.
B. LANE CLOSURES:
1. All lane closures shall have prior approval of the Engineer. Lane closures that require same
direction traffic to be split around the Work Area will not be approved for roadways with posted
speeds of 35 mph or greater, excluding turn lanes.
2. On multilane highways where traffic has been shifted to the inside lanes for overnight use, the
entrance and exit ramps shall have channelization devices placed on both sides of the ramp. The
temporary ramp taper length shall be greater than, or equal to, the existing taper length. Interim
EXIT gore signs shall be placed at the ramp divergence. Channelization device spacing in the first
100 feet of the temporary gore shall be 25 feet.
3. Termination Area: The transition to normal or full width highway at the end of a lane closure
shall be a maximum of 150 feet.
4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07,
the Contractor shall remove all signs, lane closure markings, and devices immediately when lane
closure work is completed or temporarily suspended for any length of time or as directed by the
Engineer.
c. TRAFFIC PACING METHOD:
1. PACING OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the
Contractor up to ten (10) minutes maximum to work in or above all lanes of traffic for the
follOwing purposes:
a. Placing bridge members or other bridge work..
b. Placing overhead sign structures.
c. Other work items requiring interruption of traffic.
The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing light for
each direction of pacing. The police officer, Engineer, and flaggers at ramps shall be provided with.a
radio which will provide continuous contact with the Contractor.
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DEPARTMENT OF TRANSPORTATION
. STATE OF GEORGIA
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When ready to start the work activity; the police vehicle will pull into the travel lanes and act as a
pilot vehicle slowing the traffic thereby providing a gap in traffic allOwing the Contractor to perform
the Work. Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic,
with a flagger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be opened
after the police vehicle has passed.
Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph
non-interstate. The Contractor shall provide a vehicle to proceed in front of the police vehicle and
behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared
the area.
Traffic will not be permitted to stop during pacing except in extreme cases as approved by the
Engineer.
2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of
the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72
inch) with a Type "B" flashing light, with the legend ''TRAFFIC SLOWED AHEAD SHORT DELAY'
(See Detail 150-A). A portable changeable message sign may be used in lieu of the W -special sign. On
divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted
at the sign, and upon notice that the traffic is to be paced shall turn on the flashing light and reveal
the sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered
or removed. W-special signs are reflectorized black on orange, Series "C"letters and border of the size
specified.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic
unless separated by a positive barrier, or when construction activity necessitates otherwise, and shall
not reverse direction except at intersections, interchanges, or approved temporary crossings.
E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not
interfere with normal traffic operations or adjacent properties.
F. Ez:isting street lighting shall remain lighted as long as practical and until removal is approved by the
Engineer.
G. Adequate temporary lighting shall be provided at all nighttime work sites where workers will be
immediately adjacent to traffic.
H. For their own protection, workers in or adjacent to traffic during nighttime operation shall wear
reflectorized vests. .
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
I. The parking of Contractor's and/or workers personal vehicles within the work area or adjacent to
traffic is prohibited.
J. The Worksi~ Traffic Control Supervisor (WTCS) shall monitor the work to ensure that all the rocks,
boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are
kept clear of the travel way. These items shall be stored in a location, in so far as practical, where they
will not be subject to a vehicle running off the road and striking them.
K. All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate
changes to existing walkways, temporary walkways shall be provided and maintained, with
appropriate signs as necessary, to allow safe passage of pedestrian traffic.
150.03 SIGNS:
A When required for proper traffic control during construction of the project, all existing guide, warning,
and regulatory signs shall be maintained by the Contractor in accordance with these Specifications.
. Existing street name signs shall. be maintained at street intersections. All existing illuminated signs
shall remain lighted and be maintained by the Contractor.
B. When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered
so as not to be visible to traffic. All construction warning signs shall be removed within seven calendar
days after time charges are stopped or pay items are complete. Subsequent punch-list or other work
to be performed shall be accomplished utilizing temporary construction warning signs that shall be
removed daily.
C~ The Contractor shall not remove any existing signs and supports without prior approval from the
Engineer. All existing signs and supports which are to be removed shall be stored and protected as
directed by the Engineer, and become the property of the Department unless otherwise specified in
the contract documents.
D. Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed,
reused and maintained by the Contractor in accordance with the MUTCD, the Plans, Special
Provisions, or as directed by the Engineer. These signs shall remain the property of the Contractor.
The bottom of all interim signs shall be at least seven feet above the level of pavement edge.
E. Existing special guide signs on the Project shall be maintained until conditions require a change in
location or legend content. When change is required, existing signs shall be modified and continued
in use if the required modification can be made within existing sign borders using design
requirements Oegend, letter size, spacing, border, etc.) equal to that .of the existing signs, or of
Subsection l50.03.E.5. Differing legend designs shall not be mixed in the same sign.
1. SPECIAL GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that
are designed with a message content Oegend) that applies to a particular roadway location. When
an existing special guide sign is in conflict with work to be performed. the Contractor shall remove
the conflicting sign and reset it in a new, non-conflicting location which has been approved by the
Engineer.
2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize existing signs, either in
place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new
interim special guide signs in accordance with the Plans or as directed by the Engineer.
3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide sign
structures are not required to be lighted unless specifically required by the Plans. If lighting is
required the sign shall be lighted as soon as erected and shall remain lighted, during the hours
of darkness, until the interim sign is no longer required. The Contractor shall notify the Power
Company at least thirty (30) days prior to desiring connection to the power source.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. The installation of new permanent special guide signs and the permanent modification or
resetting of existing special guide signs, when included in the contTact, shall be accomplished as
soon as practical to minimize the use of interim special guide signs. Iflighting is required by the
Plans, all new permanent overhead special guide signs shall be lighted as soon as erected.
5. Interim special guide signs that may be required in addition to, or a replacement for, existing
expressway and freeway (interstate) signs must be designed and fabricated in compliance with
the minimum requirements for guide signing contained in Part2E "Guide Signs Expressways"
and Part 2F "Guide Signs Freeways" ofthe MUTCD, except that the minimum size of all letters
and numerals in the names of places, streets and highways on all signs shall be 16 inches Series
"E" initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48
inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the
exit road name or route shield shall be placed on the exit gore sign.
F. MATERIALS - INTERIM SIGNS:
1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that gTeen
or silver paint may be used in lieu of galvanization for steel posts or structural shape posts. Wood
posts are not required to be pressure treated.
2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 of the
Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1
and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regardless of the sign type
used. Alternative sign blank materials (composites, poly carbonates, fiberglass reinforced plastics,
recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research
for use as interim construction signs before these materials are allowed to be incorporated into
the work. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum.
Plywood blanks or panels will not be permitted.
G. All existing, interim and new permanent signs shall be installed so as to be completely visible for an
advance distance in compliance with the MUTCD. Limbs, brush, construction equipment and
materials shall be kept clear of the driver's line of sight to the signs.
H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the
MUTeD and shall include a series of at least three advance road construction (W20-1) signs placed
' at ilie termini ofilie project.. The series shall have ilie legend ROAD WORK (1500 FEET, 1000 FEET,
AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend
ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILE.) On-ramps and at grade intersecting roadways
shall be signed with a minimum of one ROAD WORK AHEAD sign.
All COnstruction warning signs shall have two 18 inch x 18 inch fluorescent red-orange or orange-red
warning flags mounted on each including the project construction signs (G20-1 and G20-2A.) Project
mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest
whole mile. All COnstruction warning signs on divided highways shall be double indicated (i.e., on the
left and right sides of the roadway.)
I. The sequential or flashing arrow panels shall be placed on the shoulder at or near the point where
the lane closing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable
support. Vehicle mounted panels shall be provided with remote controls. Minimum mOWlting height
shall be seven feet above the roadway to the bottom of the panel, except on vehicle mOWlted panels
which should be as high as practical.
J. The portable changeable message sign, when specified, shall be placed ahead of construction activities
and shall meet the requirements of Section 632 and the MUTeD.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
K. Thef]ashing beacon assembly, when specified, shall be used in conjunction with construction warning
signs, regulatory, or guide signs to infon::O traffic of special road conditions which require additional
driver attention. The flashing beacon assembly shall be installed in accordance with the requirements
of Section 647.
150.04 PAVEMENT MARKINGS
A Generally, full pattern pavement markings in accordance with Section 652 and in conformance with
Section 3A and 3B, except 3B-3 and 3B-5, of the MUTCD are required on all courses before the
roadway is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E. During
construction and maintenance activities on all highways open to traffic, both existing markings and
markings applied under this Section shall be fully maintained until Final Acceptance. If the pavement
markings are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering,
or construction activities, they shall be restored immediately. On resurfacing projects pavement
markings shall be provided on all surfaces that are placed over existing markings. On widening and
reconstruction projects (where the lane configuration is altered from the pre-construction layout)
pavement markings will be as required by the Plans or the Engineer. On new construction projects
pavement marking plans will be provided.
B. MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width
and shall conform to the requirements of Section 652, except as modified herein. Raised pavement
markers (RPMs) shall meet the requirements of Section 654. Markings on the final surface course
which must be removed shall be a removable type. The Contractor will be permitted to use paint,
thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise
directed by the Engineer. Partial (skip) reflectorization (Le. reflectorizing only a portion of a stripe)
will not be allowed.
C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of
markings in the final lane configuration at the earliest possible stage.
Inappropriate or conflicting existing pavement markings shall be removed.
When shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall
be removed prior to, during, or immediately after any change so as to present the least interference
with traffic.
Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the
project for immediate use. If marking removal equipment failures occur, the equipment shall be
repaired or replaced (including leasing equipment if necessary), so that the removal can be
accomplished without delay.
Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course,
when approved by the Engineer. When an asphaltic concrete overlay is placed for the sole purpose
of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay
will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid
for only once and further traffic shifts in the same area shall be accomplished with removable
markings. Only the minimum asphaltic concrete thickness required to cover lines (generally 60 lbJsq.
yd. of Asphaltic Concrete "If') will be allowed. Excessive build-up will not be permitted. When an
overlay for the sole purpose of eliminating conflicting markings is not allowed, the markings no longer
applicable shall be removed in accordance with Subsection 656.02. The elimination of conflicting
pavement markings by overpainting with paint or liqu:d asphalt is not acceptable.
D. Raised pavement markers (RPMs) are required as listed below for all asphaltic concrete pavements
before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or fmal
surface and is open to traffic, one calendar day is allowed for cleaning and drying before the
installation of RPMs is required.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
1. On Interstate and limited access highways under construction, excludingproject.s consisting
primarily of asphalt resurfacing items, retro-reflective raised pavement markers <RPMs) shall be
placed andlor maintained on intermediate pavement surfaces opened to traffic as follows:
a. SUPPLEMENTING LANE LINES:
80 foot centers on skip lines with curvature less than three degrees. anc1udes tangents.)
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40 foot centers on solid lines and all lines with curvature between three degrees and six
degrees.
20 foot centers on curves over six degrees.
20 foot centers on lane transitions or shifts.
b. SUPPLEMENTING RAMP GORE LINES:
20 foot centers, two each, placed side by side.
c. OTHER LINES:
As shown on the plans or directed by the Engineer.
2. On other highways under construction RPMs shall be used andlor maintained on intermediate
pavement surfaces as follows:
a. SUPPLEMENTING LANE LINES AND SOLID LINES:
40 foot centers except on lane shifts. (When required in the Plans or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
b. SUPPLEMENTING DOUBLE SOLID LINES:
40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans
or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
RPMs are mzt allowed on right edge lines.
E. EXCEPTIONS FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattern
of markings are permitted as noted below, however, full pattern pavement markings are required for
the completed project.
1. TWO-LANE, TWO-WAY ROADWAYS
a. SKIP LINES: AD interim skip (broken) stripe shall conform to Section 652 except that stripes
shall be at least four feet long with a maximum gap of 36 feet. On curves greater than six
degrees, a two-foot stripe with a maximum gap of 18 feet shall be used. l!1lane shift areas
skip lines will not be allowed. Solid Lines will be required. Interim skip lines will be
permitted for a period not to exceed 14 calendar days. Interim skip lines must be 'replaced
with markings in full compliance with Section 652 prior to expiration of the 14 calendar day
period.
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DEP ART.MENT OF TRANSPORTATION
STATE OF GEORGIA ..
Interim raised pavement markers may be substituted for the interim skip (broken) stripes.
Ifraised pavement markers are substituted for the four foot interim skip stripe, four markers
spaced at equal intervals over a four feet distance will be required. No separate payment will
be made if the interim raised pavement markers are substituted for interim skip lines.
Interim raised pavement markers shall be retro-reflective, shall be the same color as the
pavement markers for which they are substituted, and shall be visible during daytime.
The type of interim marker and method of attachment to the pavement must be approved by
the Office of Materials and Research but in no case will the markers be attached by the use
of nails.
The interim raised pavement markers must be maintained until the full pattern pavement
markings are applied. At the time full pattern pavement markings are applied the interim
raised markers shall be removed in a manner that will not interfere with application of the
full pattern pavement markings.
b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three
calendar days where skip centerlines are in place, no-passing zones may be identified by
using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the
beginning and at intervals not to exceed 1/2 mile within each no-passing zone. A post or
portable mounted PASS WITH CARE regulatory sign (R4-1 24" x 30") shall be placed at the
end of each no-passing zone. Post mounted signs shall be placed in accordance with the
MUTCD. Portable signs must have a minimum vertical height of three feet above the
pavement surface to the bottom of the sign and be secured in such a manner as to not be
easily blown over or misaligned.
Co EDGELINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that
are in use for a period of less than 60 calendar days except at bridge approaches, on lane
transitions, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 30 calendar days of the time that the final surface
was placed.
(2) All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that
are in use for a period of less than 30 calendar days except at bridge approaches, on lane
transitions, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed Within 14 calendar days of the time that the surface was
placed.
d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols,
words and other similar markings shall be placed on final surfaces conforming to Section 652
within 14 calendar days of completion of the final surface. On intermediate surfaces these
markings will generally not be required unless specified by the Engineer because of special
conditions or when the intermediate surface will be in use for more than 45 calendar days.
2. MULTI-LANE HIGHWAYS - WIn! NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOUR FEET OR LESS
a UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE)
(1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers
shall be restored before nightfall.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.1.a. may be
used for periods not to exceed three calendar days.
(3) Edgelines ~ Edgelines shall be placed on intermediate and final surfaces within three
calendar days of obliteration.
b. DIVIDED IDGHWAYS (GRASS OR RAISED MEDIAN)
(1) Lanelines - Full pattern skip stripe shall be restored before nightfall.
(2) CenterlinelEdgeline - Solid lines shall be placed on intermediate and final surfaces within
three calendar days of obliteration.
c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.1.d.
3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER
THAN FOUR FEET
a. Same as Subsection 150.04.E.2. except as noted in (b) below.
b. EDGELlNES-
(1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and fmal
surfaces prior to opening to traffic.
(2) Portland Cement Concrete Pavement - Edgelines shall be placed on any surface open to
traffic no later than one calendar day after work is completed on a section of roadway. All
water and residue shall be removed prior to daily striping.
F. APPLICATION OF PAVEMENT MARKINGS: The Contractor shall furnish layout, clean as
necessary, and preline the surface for the placement of pavement markings applied under this
Section. All existing marking tape on final surfaces shall be removed prior to placement of final
markings.
Pavement markings shall re-establish No-Passing Zones in the locations and configuration that
existed prior to construction. Existing No-Passing Zones shall be clearly identified as to location prior
to construction by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new
location projects and on projects where either horizontal or vertical alignments have been modified,
the location of No-Passing Zones will be identified by the Engineer.
G. MOBILE OPERATIONS: When pavement markings (centerlines, lane lines, and edge lines) are
applied in a continuous operation by moving vehicles and equipment, the following minimum
equipment and warning devices shall be required in addition to the requirements of the MUTeD:
1. A lead vehicle is required for two-way traffic conditions and shall have an approved sequential
or flashing arrow panel mounted so as to be easily visible to oncoming traffic. A lead vehicle is not
required for low volume ofT-system routes and one-way traffic applications.
2. The work vehicle applying markings shall have a sequential or flashing arrow panel mounted on
the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel
shall be mounted so as to be easily visible to oncoming traffic. The work vehicle shall follow
directly behind the lead vehicle.
3. The work vehicle placing cones shall follow directly behind the work vehicle applying the
markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the
rear.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the protection
vehicle shall also display a prominent sign with the legend PASS ON LEFT fRIGHT). On
interstate and limited access roadways, the protection vehicle shall be equipped with a truck
mounted attenuator (TMA) that is certified for impacts not less than 45 mph in accordance with
NCHRP 230.
5. All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right-
side rear mounted flashing yellow lights.
150.05 CHANNELIZATION
A GENERAL: Channelization should clearly delineate the travel way through the work zone and alert
drivers and pedestrians to conditions created by work activities in or near the travelway.
Channelization shall be done in accordance with the plans and specifications, the MUTCD, and the
following requirements.
1. Types of Devices Permitted for Channelization in Construction Work Zones:
a. DRUMS:
(1) DESIGN: Drums shall meet the minimum requirement of the MUTeD and shall be
reflect.orized as required in Subsection l50.01.C.
(2) APPLICATION: Drums shall be used as the required channelizing device to delineate the
full length of a lane closure, shift, or encroachment, except as modified by this Subsection.
(a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be used on all
transition tapers. The minimum length of the approach transition taper for a lane closure,
shift, or encroachment for highways with posted speed of 45'mph or greater shall be equal
to the lane width oflateral shift (Ft.) x the posted speed limit (Mph), (L = WS), but not
less than 150 feet. For multiple lane closures, only one lane may be closed per taper with
a minimum tangent length of 2L between tapers. The length of a closed lane, excluding
the transition taper, will be limited to two mile, unless otherwise approved or directed by
the Engineer. Drums shall be placed the full length of the taper spaced at maximum
intervals in feet equal to the numerical speed limit (EXAMPLE: 55 Mph Speed Limit =
55 feet maximum spacing).
For taper lengths on urban, residential or other streets where the posted speed is 40 mph
or less, the minimum length of the approach transition taper may be computed using the
formula L = WS2/60. Greater taper length shall be used when required for individual
situations.
Drums with steady burning lights, for the length of the taper only, are required if the
condition exists into the night.
(b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for
various roadside work conditions except as modified by Subsection 150.06. Spacing shall
be used for situations meeting any of the conditions listed as follows:
(1) 50 FOOT SPACING MAXIMUM:
(a) For difference in elevation exceeding two inches.
(b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail
150-E..
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) 100 FOOT SPACING MAXIMUM:
(a) For differe~ce in elevation of two inches or less.
(b) Flush areas where equipment or workers are within ten feet of the travel lane.
(3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than
ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane.
(a) For paved areas eight feet or greater in width that are paved flush with a
standard width travel lane.
(b) For disturbed shoulder areas not completed to typical section that are flush
to the travel lane and considered a usable shoulder.
When the appropriate signs are posted advising of conditions such as soft or low
shoulder, drums may be removed after shoulders are completed to typical section
and grassed and after guardrail or other safety devices have been installed.
b. VERTICAL PANELS:
(1) DESIGN: All vertical panels shall have a minimum of270 square inches ofretro-reflective
area facing the traffic and shall meet the requirements of the MUTCD.
(2) APPLICATION: Lane encroachment by the drum on the travel way should permit a
remaining lane width often feet. When encroachment reduces the travel way to less than ten
feet, vertical panels shall be used to restore the travelway to ten feet or greater. No other
application of vertical panels will be permitted.
c. CONES:
(1) DESIGN: All cones shall be a minimum of28 inches in height regardless of application and
, shall meet the requirement of the MUTCD.
(2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight
closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime
work will not be permitted.
d. BARRICADES:
(1) DESIGN: The use of Type I and Type II barricades will not be permitted~ Type III
barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized
as required in Subsection 150.01.C.
(2) APPLICATION: Type III barricades shall be placed as required by the plans, the
Standards, and as directed by the Engineer.
e. WARNING LIGHTS:
(1) DESIGN: AIl warning lights shall meet the requirements of the MUTeD.
(2) APPLICATION:
(a) Type A low-intensity flashing lights shall be used as shown in the Plans, the
Standards, and as directed by the Engineer. Flashing lights are not required for advance
warning signs in Subsection 150.03.H.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(b) Type C Steady-Bum lights shall be used on all tapers when the condition exista into
ilie night. Steady-burn lights shall also be used as shown in ilie Plans, ilie Standards, and
as directed by ilie Engineer.
f. PORTABLE BARRIERS:
(1) DESIGN: Portable Barriers shall meet the requirements of Section 622 . PRECAST
CONCRETE BARRIER.
(2) APPUCATION: Portable Barriers shall be placed as required by the plans. standards, and
as directed by the Engineer. When Portable Barrier is located 20 feet or less from a travel
lane, yellow reflectors shall be fixed to the top of the barrier at intervals not greater than 50
feet and shall be mounted approximately two inches above the barrier. The reflectors shall
be eiilier 10" x 10" square Type V (or equal) reflective sheeting mounted on fla~sheet panels,
or S" diameter center-mounted sealed prismatic reflex reflectors housed in an aluminum
backing with a single grommeted hole.
Approach end of Portable Barrier shall be flared or protected by an impact attenuator (crash
cushion) or other approved treatment in accordance with Georgia Standard 4960,
Construction Details and Standard Specifications.
On interstate or other controlled access highways where lane shifts or crossovers cause
opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as
a separator.
'B. TEMPORARY SAND LOADED ATTENUATOR MODULES
1. DESCRIPTION: This work consists ofilie furnishing, installation, maintenance, relocation, reuse
as required, and removal of Temporary Sand Loaded Attenuator Modules for traffic impact .
attenuators.
2. MATERIALS: Materials used in ilie Attenuator shall meet ilie requirements of Subsection 648.02
for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules _
Stabilizer Drums with Wine Glass shaped Inner Containers.
3. CONSTRUCTION: Temporary Sand Loaded Attenuator Module installation shall conform to the
requirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard
4960 and shall be installed at locations designated by the Engineer.
C. PORTABLE IMPACT ATTENUATORS:
1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation,
maintenance, relocation, reuse as required; and removal of Portable Impact Attenuators.
2. MATERIALS: Materials used in the Attenuator shall meet the requirements of Section 650 for
Type A Portable Impact Attenuators.
3. CONSTRUCTION: Portable Impact Attenuator installation shall conform to the requirements of
Subsection 650.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be
installed at locations designated by the Engineer, and/or shown on ilie plans.
D. TEMPORARY GUARDRAIL ANCHORAGE - Type 11:
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance and removal of
Temporary Guardrail Anchorage - Type 11 used for Portable Barrier or temporary guardrail end
treatment.
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DEPARTMENT OF TRANSPORT AnON
STATE OF GEORGIA
2. MATERIALS: Materials used in the Temporary Guardrail Anchorage - Type 11 shall meet the
requirements of Subsection 641.02 of the Standard SpecificationS and current Georgia Standards
and may be new or used. Materials salvaged from the Project which meet the requirements of
Standards may be utilized if available. The use of any salvaged materials will require prior
approval of the Engineer.
3. CONSTRUCTION: Installation of the Temporary Guardrail Anchorage - Type 11 shall conform
to the requirements of the Plans, current Georgia Standards and Subsection 641.03 of the
Standard Specifications. Installation shall also include sufficient additional guardrail and
appurtenances to effect the transition and connection to Temporary Concrete Barrier as required
by the details in Georgia Standard 4960.
150.06 EXCAVATION ADJACENT TO A TRAVEL LANE: Construction work involving trenching acljacent
to a travel way shall not begin until the Contractor is able to continuously place the required typical
section to within two inches of the existing pavement elevation, or heal the remaining difference in
elevation to the traveled way as shown in Detail150-E.
Channelization devices and placement during the construction period shall conform to the requirements
of Subsection 150.05 and Details l50-B, 150-C, lSO-D, and lSO-E shown herein.
In addition to the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT)
(RIGHT) LANE NARROWS" with two flags shall be kept just off'the paving edge and 500 feet upstream
of the point where channelization devices are erected on the paving edge.
A STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-offs in elevation of more than
two inches between surfaces carrying, or acljacent to, traffic will not be allowed for more than 24
hours. However, where the Contractor has demonstrated the ability to continuously excavate and
backfill in a proficient manner, a single length of excavated area not to exceed 1000 feet may be left
open as a start up area for periods not to exceed 48 hours.
B. ASPHALT BASES/BINDERS: Drop-off's in elevation of more than two inches between surfaces
carrying or adjacent to traffic will not be allowed for more than 48 hours.
C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work
aclja.cent to the traveled way which involves these types of bases shall be healed within 48 hours after
the curing period is complete for each section placed. During the placement period, traffic control
devices will be in accordance with Subsection 150.05 and Detail 150-B.
D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRAVELWAY: Work such as
drainage structures, utility facilities, or any other work which results in a drop-off adjacent to the
travel way shall be performed expeditiously so as to minimize the exposure to the hazard. & soon as
practical, the excavation shall be backfilled to the minimum requirements of Detail ISO-E. In no case
will the drop-offbe allowed to exist more than five calendar days. This'may require stage construction,
such as plating and backfilling the incomplete work.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
NOTEI Druru ,.egulr-ed for- thla
locot'on.800Ced crt' 50 F'T. Inter-vola.
If the tr-oveled way wIdth
la r-educed to leas thon
10 feet by the use of dnJma.
v.,..tlcol pone'. snail be used
In lieu of dr"'um-..
Location of dr-urns when
droop-off exceeds ~ 'nChe..
----------\
---_...:_-------'\
.:
t NEW CONSTRUCTION +
t--+
TRAVEL LANE
DROP-OFF GREATER THAN ~ INCHES
DETAIL 150-8
Druma apaced at
50 f.et Int.,..yol..
Location of dr"'uma when
drop-off la 2+ Inches to
.. Inche..
--:..:.------\1.
--------,---\
.
t
NEW CONSTRUCTION
+
TRA VEL LANE
t--+
DROP-OFF OF Z+ INCHES TO ~ INCHES
DET AIL ISO-C
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Dr-uma sC)aced at
100 fe.t Inter-va's.
c
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Camoacfed or-aded
aoor-eoate.8Ubbase
mater-tal ar- dJr-t.
NO STEEPER THAN 4:1
~
NEW CONSTRUCTION
Location of dr-~ when
dr-oC)-aff ts 2 Inches or less.
~~.:..:~------\
-----------\
+
TRAVEL LANE
b
DROP-OFF OF Z mCHES OR LESS
DETAIL 150-0
Loccrtlon of drums Immed1crtefy
crffer- comC)letJon of hecrled section.
spaced crt SO ft.lnter-vols.
TOP OF DRUM TO BE LEVEL
c
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NEW CONSTRUCTION
HEALED SECTION
DET AIL 150-E
2 ft. +/-
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+
TRAVEL LANE
1r--+
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.07 FLAGGING AND PILOT CARS:
A. Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions,
and as required by the Engineer.'
B. All flaggers shall meet the requirements of the MUTCD and must have received training and a
certificate upon completion of the training from a Department approved training program. Failure
to provide certified flaggers as required above shall be reason for the Engineer suspending work
involving the flaggerCs) until the Contractor provides the certified flaggerCs).
C. Flaggers shall wear high-visibility clothing in rompliance with the MUTCD and shall use a Stop/Slow
paddle meeting the requirements of the MUTeD for controlling traffic. The Stop/Slow paddles shall
have a shaft length of seven (7) feet minimum. In addition to the Stop/Slow paddle, a flagger may use
a 24 inches square red/orange flag as,an additional device to attract attention. For night work, the
vest shall have reflectorized stripes on front and back.
D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meet the requirements
of the MUTeD.
E. Signs for flagger traffic rontrol shall be placed in advance of the flagging operation in accordance with
the MUTeD. In addition to the signs required by the MUTeD, 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..
150.08 ENFORCEMENT: The safe passage of pedestrians and traffic through and around the temporalY
traffic control zone, while minimizing confusion and disruption to traffic flow, shall have priority over all
'other Contractor activities. Continued failure of the Contractor to romply with the requirements of Section
150 CTRAFFIC CONTROL) will result in non-refundable deductions of monies from the Contract as shown
in this Subsection for non-performance of Work..
Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending
all other work on the Project, except erosion control and traffic control, taking corrective action as
specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work
on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to
the deductions for non-performance of traffic control.
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DEP ARTMENr OF TRANSPORTATION
STATE OF GEORGIA
SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF
TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE
"
ORIGINAL TOTAL CONTRACT AMOUNT
From More Than To and Including Daily C~arge
$0 $100,000 $100
100.000 1.000.000 250
1.000.000 5,000.000 500
5.000.000 20.000.000 750
20.000.000 40.000.000 1.000
40.000.000 - 1.500
150.09 MEASUREMENT:
A. TRAFFIC CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump
Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows:
When the first Construction Report is submitted, a payment of25 (twenty-five) percent of the
Lump Sum price will be made. For each progress payment thereafter, the total of the Project
percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid Oess
previous payments), not to exceed one hundred (100) percent and subject to normal retainage.
When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the
requirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of
complying with these requirements will not be paid for separately, but shall be included in the overall
bid submittal.
B. SIGNS: When shown as a pay item in the contract, interim special guide signs will be paid for as
listed below. All other regulatory, warning, and guide signs, as required by the Contract, will be paid
for under Traffic Control Lump Sum or included in the overall bid submitted.
1. Interim ground mounted or interim overhead special guide signs will be measured for payment
by the square foot. This payment shall be full compensation for furnishing the signs, including
supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting,
and final removal from the Project.. Payment will be made only one time regardless of the number
of moves required.
2. Remove and reset existing special guide signs, ground mount or overhead, complete, in place, will
be measured for payment per each. Payment will be made only one time regardl ess of the number
of moves required.
3. Modify special guide signs, ground mount or overhead, will be measured for payment by the
square fool The area measured shall include only that portion of the sign modified. Payment shall
include materials, removal from posts or supports when necessary, and remounting as required.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622.
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured
as specified in Section 632.
E. TEMPORARY GUARDRAIL ANCHORAGE, Type 11: Temporary Guardrail Anchorage _ Type 11 will
be measured by each assembly, complete in place and accepted according to the details shown in the
plans, which shall also include the additional guardrail and appurtenances necessary for transition
and connection to Temporary Concrete Barrier. Payment shall include all necessary materials,
equipment, labor, site preparation, maintenance and removal.
F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation _ Temporary will be
measured as specified in Section 647.
G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in
Section 647.
H. TEMPORARY, SAND LOADED ATrENUATOR MODULES: Each Sand Loaded Attenuator Module
of the type specified includes all material components, hardware, incidentals, labor, site preparation
and maintenance. Each module will be measured for payment by the drum only once regardless of the
number oflocations installed. Modules to replace those damaged or destroyed by traffic impact will
also be measured by the unit for payment. Upon completion of the project, the modules shall be
removed and retained by the Contractor.
I. PORTABLE IMPACT ATTENUATORS: Each Portable ImpactAttenuatorwiII be measured by the
unit which shall include all material components, hardware, incidentals, labor, site preparation, and
maintenance, including spare parts recommended by the manufacture for repairing minor accident
damage. Each unit will be measured only once regardless of the number oflocations installed, moves
required, or number of repairs necessary because of traffic damage. Upon completion of the project,
the units shall be removed and retained by the Contractor.
J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150.
150.10 PAYMENT:
When shown in the Schedule of Items in the Proposal, the following items will be paid for separately.
Item No. 150. Traffic Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sum
Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Color) .............. per Linear Mile
Item No. 150. Traffic Control, Solid Traffic Stripe,
Thermoplastic Inch, (Color) ........................... per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe,
Thermoplastic Inch, (Color) ........................... per Linear Mile
Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors ............... .. per Each
Item No. 150. Traffic Control, Raised Pavement Markers - All Types. . . . . . . . . . . . . . . . . .. per Each
Item No. 150. Interim Ground Mounted Special Guide Signs. . . . . . . . . . . . . . . . . . .. per Square Foot
Item No. 150. Interim Overhead Special Guide Signs .......................... per Square Foot
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Item No. 150.
I
Item No. 150.
I Item No. 150.
I Item No. 150.
Item No. 150.
I Item No. 150.
I Item No. 150.
Item No. 150.
I Item No. 622.
Item No. 632.
I Item No. 641
Item No. 647.
I Item No. 647.
I Item No. 647.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Remove & Reset Existing Special Guide Signs,
Ground Mount, Complete in Place. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. per Each
Remove & Reset, Existing Special Guide Signs,
Overhead,Complete in Place ..................................... Per Each
Traffic Control, Pavement Arrow (Painted) With Raised Reflectors ........ per Each
Traffic Control, Pavement Markers, Words and Symbols ..... . . . . .. per Square Foot
Traffic Control, Portable Impact Attenuator . . . . . . . . . . . . . . . . . . . . . . . . . . .. Per Each
Traffic Control, Temporary Sand Loaded Attenuator Modules ............ per Each
Modify Special Guide Sign, Ground Mount. . . . . . . . . . . . . . . . . . . . . .. per Square Foot
Modify Special Guide Sign, Overhead ........................... per Square Foot
Precast Concrete Median Barrier. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . per Linear Foot .
Changeable Message Sign, Portable .................................. per EaCh
Temporary Guardrail Anchorage, Type 11 ~........................ ~ . .. per Each
Traffic Signal Installation, Temp ................................... ~ Lump Sum
Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . . . . . .. per Each
Flashing Beacon Assembly, Cable Supported. . . . . . . . ... . . . . . . . . . . . . . . . .. per Each
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SCOPE OF WORK
PEPPERIDGE POINTIPEPPERIDGE SUBDIVISION RETENTION POND REPAIR
The following work will be required:
1. Remove portion of six (6') foot c"hain link fence with three strarlds of barbed wire from area
in need of repair. The fence shall be saved and reinstalled by the Contractor.
2. Locate the two - eight (8") inch PVC sanitary sewer lines. Currently, one line runs at the
edge of existing 54" RCP joint. Extreme caution must be exercised in removing pipe in this
area.
3. Excavate any existing backfill material necessary. Based on the length required to construct
the junction box, a portion of the 54" RCP joint remaining shall remain in the existing catch
basin.
4. Remove and reconstruct the existing sanitary sewer manhole utilizing the existing risers.
5. Sawcut the existing 54" RCP to provide the required distance into the new junction box.
6. Construct the new junction box per GDOT Standard 9031-U utilizing the dimensions for a
48" pipe. The junction box can be cast-in-place or precast.
7. Install 54" RCP pipe.
8. Construct the outlet end headwall per GDOT Standard 1125 for a 54" pipe.
9. Place 50 square yards of 18" -Type I Rip Rap with filter fabric at the outlet end of the
headwall. The Filter Fabric shall be placed under the 18" -Type 1- Rip Rap.
10. Conduct all backfilling and finish dressing of the slope to match the existing slope.
11. Construct an earth berm a minimum 12" high X 12" wide X 20 feet long located at the
bottom of the chain link fence. This berm is intended to prevent surface runoff water from
entering the retention pond above the junction box.
12. Reinstall chain link fence.
13. Place permanent grass and mulch as required.
Notes:
1. All construction, workmanship and materials shall be in accordance with the GDOT Standard
Specifications.
2. The total contract time on this project shall be 14 calendar days from the date of the Notice
to Proceed.
3. Due to the emergency nature of this situation, if the junction box is precast, it will not
require a GDOT stamp.
4. Changes were made due to price negotiation meeting 7/20/99
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