HomeMy WebLinkAboutPointe West Drainage
Augusta Richmond GA
DOCUMENT NAME: ~\\\t~ ~-\- c\,(ill~
DOCUMENT TYPE: COO-t\O c+-
YEAR:
BOX NUMBER:, P ~
FILE NUMBER: \l6\ t)
NUMBER OF PAGES:
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CONTRACT DOCUMENTS
AND SPECIFICATIONS
FOR
POINTE WEST DRAINAGE
IMPROVEMENTS PH. IA
(EMERGENCY REPAIRS)
PROJECT NO.
323-04-203823372
[ BID ITEM # 04-121
'.'
.
AlA Document A3l 2'
Performance Bond
BOND NO.1 04196011
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 (Naine and Address):
SOUTHEAST PIPE SURVEY, ,INt.
3523 WILLIAMS STREET
PATTERSON, GEORGIA 31557
SURETY (Name and Principal Place of Business): ,
TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA - ONE' TOWER SQUARE .
HARTFORD, CONNECTICUT 06183
OWNER (Name and Address):
CITY OF AUGUSTA'
1815 MARVIN GRIFFIN ROAD
AUGUSTA, GEORGIA 30906
CONSTRUCTION CONTRACT
Date: , '
Amount: EIGHTY ONE THOUSAND TWO HUNDRED SEVENTY NINE AND 50/100 DOLLARS ($81,279.50)
, '
, ,
, ,
Description (Niune and Location): POINTE WEST IMPROVEMENTS - PHASE IA (EMERGENCY REPAIRS) PROJECT
NUMBER 323-04-203823372 .
BOND
Date (Not earlier than Construction Contract Date):
Amount: EIGHTY ONE THOUSANDTWO HUNDRED SEVENTY NINE AND 50/100 DOLLARS ($81,279.50),
,.
Modifications to this Bond:
CONTP.l~CTOR' AS PRINCIPAL
C,~n~~a:l~:::~~:~'_ HEAStaE' E SURVEY, I
"'\. ,,;}.'~- I"'" '0
{'f' '!;~-;. :"1; . ~.::'. '~,:,':-: ,.'
:.SigJi~#1i9,;'''' ,_ '0G
}tanie:f1f,i(fT~tb: WilJ,is A. Thorntbn::-Vice flEesident
(An~ -ad!:titiona:,s;gnatures appear on page 2.)
(FOR"'I)-/FOiThJATION ONL Y - Name, Address and
Telephoile) AGENT or BROKER: H & H INSURANCE
SERVICES, INC. -3160 CAMPUS DRIVE, SUITE 100
NORCROSS, GEORGIA 30071 (770) 409-0014
1 The Contractor and the Surety, jointly and severally, bind themselves, "
their heirs, executors, . admmistrators, , successors' and assigns to the Owner
for the performance of the Construction Contract, which is incorporated
herein by reference,
2 If the Contractor performs the Construction Contract, the Surety and
the COil tractor 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 Stirety's obligation under this Bond
. shall ari se after: '
3.1 The Owner has notified the Contractor and the Surety at its
address described in Paragraph 10 below that the Owner is considering
declaring a Contractor Default and has requested and attempted to
arrange a conference with the ContraCtor and the Surety to be held not
later than fIfteen days after receipt of such notice to discuss methods of '
performing the Construction Contract. If the Owner, the Contractor aild
the Surety agree; the Contractor shall be allowed a reasonable time to
SURETY 5026 (6-92)
S-1852/GEEF10/99
Notice
The laws of the State of Georgia
proh:bit IDsurers from unfairly
diSCriminating against any person
based upon his or rter status as
6 vlctirn of family Violence, .'
Page 1 of 2
~ None
. ,,"CJ Sfle Page 2
SURETY
Company: TRAVELERS CASUALTY' AND (Corporate Seal)
SURETY COMPANY OF AMERICA.
· Signamre. .~ 6 .~~
Name and Title: CHRI OPHER B. WORTHAM
ATTORNEY-IN-FACT
OWNER'S REPRESENT A TIVE (Architect, Engineer ~r other
party): ' '
perform the Construction Contract, but such an agreement shall
not waive the Own'er'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 be declared earlier than twenty days
after the Contractor and the Surety have received, notice as
provided in Subparagraph 3.1; and
3.3 The Owner has 'agreed to pay the Balillice of the Contract
, Price to the' Surety in accordance with the terms of the
Construction Contract or to a contractor, selected to perform the
Construction Contract in accordance' with the terms of the
contract with the Owner.
4 When the Owner has satisfied the conditions of Paragraph 3, the
'Surety shall promptly and at the Surety's expense take one of the
following actiol1s: '
4.1 Arrange for the C6rttractor, with consent of the Owner, 'to
perform and complekthe Construction Contract; or
4.2 Undertake to perform and' complete the ConstructionContrac,t
itself, through its agents or through independent contractors; or '
4.3 Obtain bids or negotiated 'proposals, from qualified contractors
acceptable' to the' Owner Jor '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 Own,er'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
amoWlt. 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 tope~form and complete, arrange for completion,
or obtain a new contractor and with reasonable promptness Wlder the
circumstailces: ' '
.1 After investigation, cletennine the amount for which it
may be liable to, the O\VIler and~, as soon as practicable
after the amoWlt is determi?ed, tender payment therefor
to the Own.er; or :. , '
.2 Deny liabilitY in whole or in part and notify the Owner
citing reasons therefor: ' , "
5 If the Surety does not proceed as provided in Paragraph 4 with
, reasonable promptness, the Surety shall be deemed to be in default on this
Bond fifteen days after receipt of an additional Written notice from 'the
owner to the Surety demanding that, the Surety perform its obligations
Wld,er this Bond; and the Owner shall be entitled to enforce any remedy
available to' the Owner. If the Surety proceeds as provided in
Subparagraph 4.4, and the Owner refuses the payment tendered or the
, Surety has denied liability, in whole or in part, without further notice the '
Owner shall be entitled to enforce any remedy available to the Owner.
6, After the Owner has terminated theCorttractor's right to complete the
Construction Contract, and if the Surety elects, to act Wlder Subparagraph
4.1,4,2, or 4,3' above, then the responsibilities'of the Surety to the Owner
shall not be greater than those of the Contractor Wlder the Construction
Contract, arid the responsibilities of the OWner to the SuretY shall not be
greater than those of the OWner Wlder the Construction Contract. To the'
limit of the amowit of this Bond, but subject to commitment by the Owner'
of the Balance of the Contract Price to mitigation of costs and damages on
the Cons~ction Contract, the Surety is obligated without duplication for:
6.1 The responsibilities of the Contractor for correction of defective
work and completion of the Construction Contract;, ,
6.2 Additional legal, design professionaF and delay costs resulting
from the Contractor~s Default, and resulting. from the 'actions or
failure to act of the Surety Wlder Paragraph 4; and
6.3 Liquidated damages, or ifno liquidated damages are.specified in '
the. ConstruCtion Contract, actual damages caused by delayed
performance or non-performance of the Contractor.
MODIFICATIONS TO TIllS BOND ARE AS FOLLOWS:
"'; .'
7' The Surety shall not be liable to the6~er 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 accoWlt of
any'such unrelated' obligations, No right of-action shall accrue on this
,Bond to any person or entity other than the Owner or its heirs executors
administrators or succes~ors., ." " " .' , '
~ The Suretyherebx waives no'tice of any change, inciudingchanges of
trme, to the Consu:uctI,on Contract or to relat~d' subcontracts, purchase
orders and other oblIgations. '
'~ '" ~yproceeding, legal or equitable, Wlder this Bond may be
, mstItuted m any court ,of competent jurisdiction in the location in which
the work or part of the work is located and shall be instituted within two '
years after Contractor Default or Within two years after the Contractor
ceased working or within two years after the Surety refuses or fails to
perform its obligations Wlder this Bond, whichever occurs first. If the
provisions of this Paragraph are void or prohibited by law, the minimum
period of limitation available'to sUreties as a defense in the jurisdiction of
the suit shall be applicable,
,10, 'Notice to the'Surety, the Owner or the Contractor shall be mailed or
delivered to the addiess shown on the signatUre page, "
11 When this Bond has been furnished toco~ply with a statutory or
, other legal. requirement in the location where the construction was to be '
p~rformed" any provision, in this Bond conflictmg with said statutory or
legal re9urrement shall be deemed ,deleted herefrom and' provisions '
conformmg 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 amoWlt payable by the
, Owner to the Contractor Wlder the Construction Contract after all
, proper adjustments have beenniiIde; including allowance to' the
Contractor of, any amoWlts received or to be received by the Owner
in settlement of insurance or' other ClilimS for damages to which the
Contractor is, entitled, reduced by all valid and proper payments
made ,to or on behalf of the ContraCtor' Wlder the Construction
, ,Contract.
, ' '
}2.2 Construction Contract The agieement between the O~er and
the Contractor identified on the signature page, including all
Contract Documents and ch~ges thereto., " ,
12.3' Contractor Default: Failure of the Contractor which has
neither been remedied nor waived, to perform orotherwi~e to comply
with the terms of the Construction C.ontract. .
12.4 Owner Default Failure of the Owne~ which has neither been
remedied. nor waived, to pay ,the Contra~tor as required by the
ConstructIOn Contract or to perform and complete or comply with the
other terms thereof" .'
(Space is provided below for additional signatures ofaddedparties, other than those appearing on tliecov~r page,)
, CONTRACTOR AS PRINCIPAL SURETY "
Company: (CorPorate Seal), Company:
Signature:
, Name'andTitle:,
Address:
$-18521GEEF 10/99
(Corporate Seal)
Signature:
Name and Title:
. Address:
Page 2 of 2
AlA Document A3 J 2 '
BOND NO, 104196011
, Payment', B,ond'
, Conforms with the American Instihite.ofArchitects, AlA Document A312, ,
Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SOUTHEAST PIPE SURVEY, INC.
3523 WILLIAMS STREET
PATTERSON, GEORGIA 31557
SURETY (Name and Principal Place of Business):
TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA - ONE TOWER SQUARE
HARTFORD; CONNECTICUT 06183
OWNER (Name and Address):
CITY OF AUGUSTA
1815 MARVIN GRIFFIN ROAD
AUGUSTA, GEORGIA 30906
CONSTRUCTION CONTRACT
Date: .
Amount: EIGHTY ONE THOUSAND TWO HUNDRED SEVENTY NINE AND 50/100 DOLLARS ($8.1,279.50)
, Description (Name and Location): POINTE WEST IMPROVEMENTS~ PHASE IA (EMERGENCY REPAIRS) PROJECT
NUMBER 323-04-203823372
BOND
Date( Not earlier than Construction Contract Date):
Amount: EIGHTY ONE THOUSAND TWO HUNDRED SEVENTY NINE AND 50/100 DOLLARS ($81,279.50)
Modifications to this Bond:
CONTRACTOR AS PRINCIPAL
Co~pany:"SO~THEAST PIPE SURVEY, IN
/:,';~i~:t{~'<: 's
~'SigifuiUre':~:'4' -~d J: .:
~ Nlr1rte'iii\(['fitle:':':'vhius A. Thornton/Vice f,resident
....,. _, ,,1/, -'"/'" .0' .
, (~Y;,addj!1cnalJignatures appear on page 2.)
-. (F9R~OIJI\'f1n:foN ONLY - Name, Address and
Telephone)j\GENT or BROKER: H & H INSURANCE
SERVICES, INC, - 3160 CAMPUS DRIVE,SUITE 100
NORCROSS, GEORGIA 30071 '(770) 409-0014
1 The Contractor and the Surety, jointly and severally, bind themselves,
their heirs, executors, administrators, successors and assigns to the Owner
to pay for labor, materials ,and equipment furnished for use in the
performance of the Construction Contract, which is incorporated herein ;by
reference, '
2 With respect to the Owner, this obligation shall be null and void if the
Contractor: '
2.1 Promptly makes payment; directly or indirectly, for all sums due
Claimants, and '
(Corporate Seal)
2.2 Defends, inderrmifies and holds harmless the Owner from claims,
, demands, liens or suits by any person or entity whosec1aim, demand,
lien' or suit is for the payment for labor, materials or equipment
furnished for use in the performance of the Construction Contract"
provided the Owner has promptly notified the Contractor and the
Surety (at the address described in 'Paragraph 12) of any claims,
demands, liens or suits and tendered defense of such claims, demands,
'liens or suits to the Contractor and the Surety, and provided there is
no Owner Default.
SURETY 5026 (6-92)
S-1853/GEEF 3/00
Notice
The laws of the State of Georgia
, prohibit Insurers' from unfairly
dlscnmlnatlng against any person
based upon hiS or 'her status as
, a victim of family violence,
Page 1 of 2
o None
~ See Page 2
'SURETY
Company: TRAVELERS CASUALTY AND (Corporate Seal)
SURETY COMPANY OF AMERICA
Signature .~ 2).~
Name and Title: CHRI QPHER B. WORTHAM
, ATTORNEY-IN-FACT
OWNER'S REPRESENT A TIVE (Architect, Engineer or other
party): .
3 With respect to Claimants, this obligation shall be null and void if
the Contractor promptly makes payment, directly or indirectly, for all
sums due, "
4 The Surety shall have no obligation to Claimants under this Bond
until:
4.1. Claimants who are employed by or have a direct contract with
the Contractor have given notice to the Surety (at the address
described in' Paragraph '12) and sent a copy, or notice thereof, to
the Owner, stating' that a claim is being made under ,this Bond
and, with substantial accuracy, the amount of the claim,
4.2 Claimants who do not have a direct contract with the
Contractor:
.1 Have furnished written notice to the Contractor and sent a
copy, or notice thereof, to the Owner, within 90 days after
having last performed labor or last furnished materials or
equipment inc1udedin the claim stating, with substantia:!
accuracy, the amount of the claim and the name of the party
to whom the materials were furnished or supplied or for
whOm ~e labor was done or performed; and
-:. ....:. , ..
. ' : I
.2 'Have either received a rejection' in whole or inparf from the
'Contractor, or not received within 30 days of furni'shing the
above notice any communication from the Contractor by which'
the Contractor has indicated the claim will be paid directly or
indirectly; and ' '
.3 Not having been paid within the above 30'days, have sent a
written notice to the Surety (at the, address, ,described in
Paragraph 12) and sent a copy, or notice thereof, to the oWner
stating 'that a claim: is ' being, made under this Bond and
enclosing a copy of the previous written notice furnished to the ,
Contractor.
5 If a notice required by patagraph'4 is given by Owner to the
Contractor or to, the Surety, that is sUfficient compliance. " ,
,6 When the Claimant has satisfied the conditions of Paragraph 4, the
Surety shall promptly, and at the Surety's expense take the following'
actions: ",' I
6.1 'Send an answer to the ciaimant; with a copy to the Owner,
within 45 days after receipt 'of the claim, stating the amounts
that are undisputed and the basis for challenging any amounts
that are disputed,
6:2 Payor arrange for paynieut of any UIidisputed amounts, ,
7 The Surety's total obligation shall not exceed the amount of this' Bo~d;'
and the amount of this Bond shall be credited for any payments made in'
, good faith by the Surety, '
8 Amounts owed by the Owner to the Contractor under the Construction'
'Contract shall be used for the performance of the Construction Contract
and to satisfy claims, if any, under any Construction Performance ,Bond.'
By the Contractor furnishirig and the Owner accepting this Bond, they.
agree that all, funds earned by the Contractor in the 'performance of the
Construction ,Contract are dedicated to satisfy obligations of the Contractor
and the Surety under this Bond, subject to the Owner's priority to use the'
funds for the completion of the, work.
9 The ~urety 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 he liable for payment of any costs or
expenses of any Claimlint UIider this Bond, and shall have UIider this bond:
no obligations to make payments to, give notiges on behalf of, or otherwise~
have obligations to Claimants under this Bond, '
. . ' (
10 The Surety hereby waives notice of any change, inCluding changes of
time, to the Construction Contract orto related subcontracts,purchase
orders and other obligations, '
11 No suit or action shall he ,commenced by a Claimant under this Bond
other than in. a court of competent jurisdiction in the location in which, '
.; .-.
th~ work or p8rt of the work is located or after the expiration of one year
from the date ,(1) on which, the Claimant gave the notice required by
Subparagraph 4,1. or Clause 4,2,3, or (2). on which the last labor or service
was performed by anyone or the last, materials or equipment were
furnished by anyone under the Construction Contract, whichever of (1) or
(2) first occurs, 'If the provisions of this Paragraph are void or prohibited
by law, the minimum period oflirriitation available to sureties as a defense
in the jurisdiction of the suit shall be applicable:
,12 Notice, to the Surety, the Owner or the Contracto~ shall be mailed or
delivered to the address shown on, the' signature page, Actual receipt of
notice by Surety, the Owner or the Contractor, however ,accomplished;
shall be sufficient compliance as' ofthe date received at the address shown
, on the signature page, '
13 ' When this Bond has been furnished to, comply with a statutory or
other, legal requirement' in the location where the' construction was to' be
performed, any provision, in this Bond conflicting with said statutory or
legal requirement shall' be deemed deleted herefrom and provisions
,conforming to such statutory or other legal requirement shall be deemed
incorporated herein, The intent is that this Bond shall be construed as a
statutory bond and not as a common law'bond, , '
14' Upon request by any person or entity appearing to be a potential
beneficiary of this Bond, the, Contractor shall promptly furnish a copy of '.
this Bond or shall permit a copy to be made, '
15 DEFINITIONS
15~1 Ciaimant:, An individual o~ eritity having a direct contract
with" the, Contractor or with a subcontractor of the Contractor, to
furnish .labor, materials or equipment for use in the performance of
the Contract. The intent of this Bond shall be to include without
limitation in teims "labor, materials or equipment"that part of
water, gas, power, light, heat, oil, gasoline, telephone service or
rental equipment used in t.qe Construction Contract, architectural
and engineering services required for performance of the work of the
Contractor ,and the Contractor's subcontractors, and all other items
for 'which a mechanic's lien may be asserted ill the jurisdiction where
the labor, materials or equipment were furriished,
15.2 Construction Contract: The agreem~nt between the Owner
and the, Contractor identified on, the signature' page, including all,
Contract Documents and changes ~ereto,
,15.3' 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 perform and complete or comply with
the other terms thereof
THIS BOND IS HEREBY AMENDED SO THAT THE
PROVISIONS AND LIMITATIONS OF O,C.GA ~ 36-91-93
ANq O:C.GAg 10-7-31 GEORGIA STATUTES~ WHICHEVER,
IS APPLlCABl.E: NlD AlLNOTICE AND TIME ,LIMITATIONS
PROVIDED ,THEREIN ARE INCORPORATED HEREIN
BY AEFRENCE. '
MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:
. . . '. .
. '. . '. .
(Space is provided below for additional, signatures of added parties, other than those appearing on the cover page.)
CONTRACTOR AS 'PRINCIP AL SURETY
Company: (Corporate Seal) Company:
Signature:
Name and Title:
Address:
S-1853/GEEF 3/00
(Corporate Seal)
Signature:
Name and Title:
Address:
Page 2 of 2
~...
Travelers .
~
, "
IMPORTANT DISCLOSURE NOTICE OF TERRORISM
INSURANCE COVERAGE
On November 26, 2002, President Bush signed into law the
Terrorism Risk Insurance Act of 2002 (the "Act"). The Act
establishes a short-term program under which the Federal
Government will share in the payment of covered losses caused by
certain acts of international terrorism. We are providing you with
this notice to inform you of the key features of the Act, and to let
you know what effect, if any, the Act will have on your premium.
Under the Act, insurers are required to provide coverage for certain
losses caused by international acts of terrorism as defined, in the
Act. The Act further provides that the Federal Governmentwill pay
a share of such losses. Specifically, the Federal Government will
pay 90% of the amount of covered losses caused by certain acts of
terrorism which, is in excess of Travelers' statutorily established
deductible for that year. The Act also caps the amount of terrqrism-
related losses for which the Federal Gover'nm"ent or an insurer can
be responsible at $100,000,000,000.00, provided, that the insurer
has met its deductible.' "
Please note that passage of the Act does not result in any change
in. coverage under the attached policy or bond (or the policy or
bond being quoted). Please also note that no separate additional
premium charge has b"een made for the terrorism coverage
required by the Act. The premium charge that is allocable to such
coverage i$ inseparable from and imbedded in your overall
premium, and is no more than one percent of your premium.
... l' ~.
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY CO:MPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY CO:MPANY and FARMINGTON CASUALTY CO:MPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 3rd day of April 2002,
}SS, Hartford
COUNTY OF HARTFORD
TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
FARMINGTON CASUALTY COMPAl"IY
STATE OF CONNECTICUT
.' ~llll'IHJl1t
,,~t-"o SUilt;~
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~ ~ i HAA'iFORo. \ S I
~...\ CONN. / ~ff
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':'ao.( ;"~':,i'
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-
By
'George W. Thompson
Senior Vice President
On this 3rd day of April, 2002 before me personally came GEORGE W. THOMPSON to me known, who, ~eing by me duly sworn,
did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instmment are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof '
~~
C-~'
My commission expires June 30, 2006 Notary Public
Marie C. Tetreault
CERTIFICATE,
I, the undefsigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY CpMPANY ,OF AMERICA,
,TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the f,Qregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors; as set
forth in the Certificate of Authority, are now in force, '
Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut. Dated this
,20
day of
.. '1,lYJ1IIlIlMII.t,
,g~ ~-'I>O SUIltr~
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H~I "--;.0.
~ ~ i HARTi'ORo. \ ~ j
~...: C~, /~#
. ~~'" ....~~
'I -;-- ~':~~
"........
8y~-M-~
Kori M. Johanson
Assistant Secretary, Bond
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ANV'dWO,:) A~IDIDS <INV A~'IVnsv,:) SHa'I:IAVID.
V,:)lliawv .!IO ANVdWQ,:) A~:nmS <INV A.L'IYIlSV':) SHa'I:IA VID.
ACORD~ CERTIFICATE OF LIABILITY INSURANCE CSRKD I DATE (MM/DDIYYYY)
SOUT -13 08/17/04
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
H & H Insurance Services, Inc. ' ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
,MJ, CW, PL,KH HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
3160 Campus Drive, Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Norcross GA 30071
Phone: 770-409-0014 Fax:770-368-0404 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Continental Casualty Compan, 31127
INSURER B: Transportation Insurance Co
Southeast Pi~e Survey, Inc. INSURER C: National Fire Ins. of Hartfc rd
P. O. Box 47 INSURER 0: Ohio Casualty Group
Patterson GA 31557
INSURER E: Great American Insurance Co
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS ~ND CONDITIONS'OF SUCH
POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
'~~~ ~s~a TYPE OF INSURANCE POLICY NUMBER P_qL~~1'! EFF~tf,w;E P8k!fr:Y(~~,bRD~N LIMITS
DATE MMIDD
GENERAL LIABILITY EACH OCCURRENCE $1,000,000.
f--
A X COMMERCIAL GENERAl LIABILITY C020644234l4 10/26/03 10/26/04 PREMISES (Ea occurence) $50,000.
I CLAIMS MADE [!J OCCUR MED EXP (Anyone person) $5,000.
~ Contractual Liab. PERSONAL & ADV INJURY $1,000,000.
A GENERAL AGGREGATE $2,000,000.
f--
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $2 , 000 , 00 0 .
II !xl PRO- n
POLICY X JECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
f-- $1,000,000.
B ~ ANY AUTO BUA2064423459 10/26/03 10/26/04 (Ea accident)
ALL OWNED AUTOS BODILY INJURY
f-- $
SCHEDULED AUTOS (Per person)
f--
~ HIRED AUTOS BODILY INJURY
$
~ NON-OWNED AUTOS (Per accident)
~ $1,000. ColI. Ded , PROPERTY DAMAGE
$
X $1,000. Comp Ded. (Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
R ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: , AGG $
EXCESS/UMBRELLA L1ABILITY~ EACH OCCURRENCE $1,000,000.
l!J OCCUR o CLAIMS MADE -
A , CUP2064423509 10/26/03 10/26/04 AGGREGATE $1,000,000.
Retention $10,000
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND ' ' X I TORY LIMITS I 10TH-
ER
C EMPLOYERS' LIABILITY W2064423557 10/26/03 10/26/04 E,L. EACH ACCIDENT - $500,000.
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED? E,L. DISEASE - EA EMPLOYEE $500,000.
~~~~I~tS~~J:~~c5~s below E.L DISEASE - POLICY LIMIT $500,000.
OTHER -
-
D Excess Liability EC05299,30l0 .. 10/26/03 10/26/04 Limit $5,000,000
E Installation Float IMP 602864700 11/05/03 11/05/04 Limit $1,000,000
DESCRIPTION OF ,OPERATIONS / LOCATIONS / VEHIC:LES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS
Project: pointe West Subdivision Drainage Improvement-Phase lA/project
#323-04-203823372.Certificate holder is included as an additional insured,
under the general 1iabil~ty coverage, as respects work performed by the
named insured at, referenced project. Waiver of Subrogation under the
general liability coverage applies.
CERTIFICATE HOLDER
AUGUSTA
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATIO
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR .
Augusta, GA
Public Works Department
'Teresa c. Smi th P. E.
1815 Marvin Griffin Road
Augusta GA 30906
@ ACORD CORPORATION 1988
ACORD 25 (2001/08)
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LIST OF PROJECT DOCUMENTS
POINTE WEST DRAINAGE IMPROVEMENTS
Project No, 323-04-203823372
SECTION
PAGES
Georgia Prompt Pay Act
PPA-I
Special Conditions
SP-I thru SP-3
Agreement
A-I thru A-4
General Conditions
I thru 33
Supplementary Conditions
SC-I thru SC-2
Proposal'
P-I thru P-6
Site Location Map
SLM-I
General Notes
G-l thru G-16
Traffic Control
'TC-I thru TC-23
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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, O.C.G.A.Section 13-11-1, et seq. In the event any
provisi<;>n of this Agreement is inconsistent with any provision of the Prompt Pay Act, the
provision of this Agreement shall control.
Allc1aims, disputes and other matters in question between the Owner and the Contractor
arising out of or relating to the Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond Count, Georgia. The Contractor, by executing this
Agreement, specifically consents to venue in Richmond County and waives any right to
contest the venue in the Superior Court of Richmond County, Georgia. '
';i:\.
Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to this Agreement and
Contractor specifically waives any claim to same.
NOTICE
All references in this document" which includes all paperS, writings, drawings, plans or
photographs to be used in connection with this document, to "Richmond County Board of
Commissioners" shall be deemed to mean "Augusta Richmond County Commission-
,Council'and all references to "Chairman" shall be deemed to mean "Mayor".
DISPOSALS
Prior to any material from this project being wasted or otherwise disposed of outside the
project limits the Contractor shall furnish the Engineer a copy of written permission,
signed by the property owner (or his authorized agent) describing the estimated amount
and type of material to be placed on said property. If any portland ceinent concrete,
asphaltic concrete, wood or other such materials are to be wasted on the property, a copy
of the owner's inert landfill permit, issued by the Environmental Protection Division shall
be furnished to the Engineer prior to any such waste being removed from the project.
. .
In all cases, regardless of the material being wasted, 'a grading permit issued by Augusta
Richmond CountY must be furnished to the Engineer,
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PPA-l
Rev: 9/1 I/03
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Revised 8/10/2004
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POINTE WEST DRAINAGE IMPROVEMENTS
Project No. 323-04-203823372
SPECIAL CONDITIONS
SCOPE:
\
'-
This project includes the emergency repairs to include CCTV Inspection, cleaning
and lining of existing CMP, Four alternates are provided to all bidders; The
Contractor shall supply all materials, equipment, labor and supervision necessary
to properly complete this proj~ct as specified.
~ '
. TERMINI ,ANn LENGTH:
':r:.~\
(See Location Maps)
LUMP SUM CONSTRUCTION:
Item Number 230-1000 Lump Sum Construction includes, but is not limited to,
the following: Locating, maintaining and reclaiming borrow and/or disposal areas,
right of way considerations, construction staking, removals and relocations not
covered by a separate pay item, excavation, sawing pavement, and any other item
, not covered by a specific pay item. '
CONTRACT TIME:
All bidders must bid all four alternates. Each alternate shall include the amount
of contract time arid shall be in calendar days the bidder anticipates he will require
to complete the project.
The number of, calendar days requested should represent the days required to
construct the project once, the Notice To Proceed has been issued.'
NOTE: It is highly recommended that any fabrication and delivery time be listed
separately for each alternate.
SP-I
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Revised 8/10/2004
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AUGUSTA-RICHMOND COuNTY" uTILiTiEs DEPARTMENT WATER
SYSTEM:
/
No water valves, lines, or services shall be shut off or worked on without
notifying all property owners, businesses, and the Utilities Department 24 hours
in: advance. A Utilities Department representative must, also be present. Any
work done without notification to the Utilities Department will result in the
enforcement of the Augusta-Richmond County Municipal Code Sections 5-2-7
and 5-2-13, which regulates the unauthorized operation of the water system.
Violations of this ordinance, in accordance with Sections 5-2-40 and 1-6-1, shall
be punishable by a fine not exceeding one thousand dollars or by imprisonment
not exceeding sixty (60) days in jail, either or both, in the discretion of the
presiding Magistrate Court Judge.
STAND OF PERMANENT GRASS:
/
If a satisfactory stand of permanent grass has not been obtained prior to the Final
Inspection the 'contractor shall begin watering and continue watering until a
permanent stand of grass is accepted by the engineer, Water sources shall be
public streams and/or farm ponds if Augusta' Richmond County watering
restrictions prohibit other sources. If for any reason watering is not a viable
action, the contractor shall treat all unacceptable areas with loose sod as
prescribed in Subsection 700.08A and 700.08C. There will be no additional
payment for this work.
SP-l
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SECTION A
AGREEMENT
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THIS AGREEMENT, made on the "'i; day Of~, 200 If by and between the
City of Au!!usta
party of the first part, hereinafter called the OWNER, arid
&:'DVTf-{G}to-r ?/~G ~ A.u!:...,.., .:2Nc
,
party of the second part, hereinafter called the CONTRACTOR.
WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter
mgnes, 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:
POINTE wEST IMPROVEMENTS-PHASE IA (EMERGENCY REPAIRS)
PROJECT NUMBER: 323-04-203823372
, And in accordance with the requirements and provisions of the Contract Documents as
defined in the General and Special Conditions hereto attached, which' are hereby made a
part of this agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES:
The work to be performed under this Contract shall be commenced within -14 calendar
day~ after the date of written notice by the Owner to the Contractor to proceed. All work
shall be completed within 14 calendar days.
It is hereby understood and mutually agreed, by and between the contractor and the
Owner, that the date of beginning, rate of progress and the time for completion of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor
agrees that said,work shall be executed regularly, diligently, and uninterruptedly at such
rate of progress as will insure full completion thereof within the time specified. It is
, .
expressly understood and agreed by and between the Contractor and the Owner, that the
time for completion of the work described herein is a reasonable time for completion of
the same, taking into consideration the average climatic range and construction
conditions prevailing in this locality.
A-l
Rev: 9/11103
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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
ex.tension shall be the essence of this contract.
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ARTICLE III - PAYMENT:
(a) The Contract sum
The owner shall pay to the Contractor for the performance of th'e contraCt
the amount as stated in the Proposal and Schedule of Items. No variation~
shall be made in the amount except as set forth in the specifications
attached hereto.
(b) 'Progress Payment
No later than the fifth day of every month, the Contractor shall submit to
the Owner's Engineer, an estimate covering the percentage of the total
amount of the contract which has been completed from the start of the job
up to and including the last working day of the proceeding month, together
. with such supporting evidence as may be required by the Owner and/or the
Engineer. This estimate shall include only the quantities in place and at
the unit prices as set forth in the Bid Schedule.
On the vendor run, following approval of the invoice for payment, the
owner shall after deducting previous payments made, pay to 'the '
Contractor 90% of the amount of the estimate on units accepted in place.
The 10% retained percentage may be held by the Owner until the final
completion and acceptance of all work ,under the Contract.
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Rev: 9/11103
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ARTICLE TV -ACCEPTANCE AND FlNAL pAYMENT:
(a) Upon receipt of written notice that the work is ready for fmal 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 fmal 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.
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(c) ',The making and acceptance of the fmal 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 ofthe work ~lly 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
fmal payment, except that it shall not constitute 'a waiver of claims.
A-3
Rev: 9/11/03
IN WITNESS WHEREOF, the partIes hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first
mentioned above. ' .' \ '
AUGUSTA, GEORGIA ..(AUGUSTA~RICHMOND COUNTY~~ .......
.cOMMISSION COUNCIL l
(Owner)
. ~'J), c'fltle: Me,.' gr gftJa@ If'!, ~
{JI, ~ommigEiElR C9YBsil:
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. ::l~~lLOU;~Sll
Title: Vice President
;".:, #,
~i,"Y
,'\<;nr, Address: 3523 Williams Street
(}f',(
Patterson, Ga. 31557
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SEAL
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Rev: 9/11/03
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number Title
DEFINITIONS.,.,..., ,.", "..,..,. " ,...", ., .,...".. . ....... .,.,
., PRELI~lINARY MA.TTERS .........................................
3 CONTRACT DOCUMENTS:
INTENT.'AMENDING AND RE USE........... . ....... .. .. .. . .. . ..
4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS. . . ,. ,. . . . . ., .. , . . . .,. . .. .. . ., . . , . , , . . . , . , . .. .
5 BONDS AND INSURANCE......................................,.-
6 CONTRACTOR'S RESPONSIBILITIES.,."." ',.,...,.,',."... ~..,
7 OTHER \VORK '.....,.,.,..".".,..,.,.........,.....,...,'.,....,
8 OWNER'S RESPONSIBILITIES",....,...".."...,......,.......,
9 ENGINEER'S STATUS DURING CONSTRUCTION.......... ~...
10 CHANGES IN THE WORK....."................,......,.....,....
II CHANGE OF CONTRACT PRICE..." .,."... " ,.,.,." ., ., ., . . ..,
12 CHANGE OF CONTRACT TIME........,....,.....................
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13 WARRANTY AND GUARANTEE: TESTS AND
INSPECTION'S: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK ....... ...,.."..,'...,..',
14 PA YMENTS TO CONTRACTOR AND-COMPLETION ............
15 SUSPENSION OF WORK AND TERMINATION",.,.. ..,....,.,
16 ARBITRATION,..,., .'.,.."."....,..,',.", ,.,.. '.. ,.,.....,."....
17 MISCELLANEOUS""".,.,...,....,.,.",. ~..".,......,..,.,.,..
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INDEX TO GENEtL\t cbNDlt!ONS
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Article or Paragraph
Number
Acceptance of Insurance ,............................ 5.13
Access to the Work .,....,..................,........ 13.2
Addenda-<iefinition of (see definition of
Specifications) . . . , . . . . . , . , . . . . . . . . . . . . . . . . , . . . .. . . . .-. .. I
Agreement-<iefinition of ................................ l
All Risk Insurance ...'................................. 5.6
, Amendment. Written.............................' 1. 3.1.1
Application for Payment-<iefinition of .,.,.............. I
Application for Payment. Final ,..................... 14.12
Application forPrcgress Payment ,....."............ 14.2
Application for Progress Payment-review of .... 14.4-14.7
Arbitration ..,.,.....,............ .'..................... 16
Authorized Variation in Work......................... 9.5
Availability of Lands .................................. 4.1
Award. Notice of-<iefined .............................. I
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, Before Stanlng Construction ........,....,........ 2.5-2.7
Bid-<iennition of ........,.....,.,.........,....,....... 1
Bonds and Insurance-in general ........................ 5
Bonds-<iefinition 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-<iefinition of ...,......................... 1"
Change Orders-to be executed .,..,................. 10.4
Changes in the Work ......,..................,......... ] 0
Claims. Waiver of-on Final Payment ............... 14.16
Clarifications and Interpretations .'.,.,................. 9.4
Cleaning ,.....,... ~ . . . . , , . , . . . . . . , . . . . . . . . . . . . . . . . . .. 6.17
Completion,., . .. ,.......... ...........,..,. ..........,. 14
I Completion. ~ubstantial ..",.,...,......,......, 14.8-14.9
Conference. Preconstruction ........,.,............... 2.8
Conflict. Error. Discrepancy-Comractor
to Report "..,..,..."........"............... 2.5, 3.3
Construction Machinery. Equipment. etc. ............. 6,4
Continuing Work ......................,.............. 6.29
Contract Documents-amending'and
supplementing .,............,.................... 3.4-3.5
Contract Documents-<ietinition of ',.,.................,. 1
Contract Documents-Intent ,...........,......... 3.1-3.3
Contract Documents-Reuse of ..,."...,..........,.. 3,6
Contract Price. Change of ,........................,.... II
Contract Price-definition ,... ,. . , .. , . . . . . .. .. . '. .. . , , . .., I
Contract Time. Change of .,............................ 12
Contract Time. Commencement of ..,."..,...,.,..... 2'.3
Contract Time-definition of ...'........................ 1
Contractor-<ierlnition of ................................ 1
Contractor May SlOp Work or Terminate ...,'......... 15.5
Contractor's Continuing Obligation,................. .14.15
Contractor's'Duty to Report Discrepancy
in Documents .................................. ~.5. 3.2
Contractor's Fee--Cost Plus ..' 11.4,5.6.] 1.5:1. 11.6-11.'7
Contractor's Liability Insurance....................... 5.3
Contractor's Responsibilities--in general ..............., 6
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Contractor's Warranty of Title.. .. .. .. .. .. .... .. .. .... 14.3
Contractors-<>ther ................. . . . . . . . . . . . . . . . . , . . .. 7
Contractual Liability Insurance. .... .. .... .... .....:... 5,4
Coordinating Comractor-<iefinition of ................ 7.4
Coordination ...-......,............,......,............ 7.4
Copies of Documents. .. . .. .. ... .. .. .. .. .. .. ... . . . .. ... 2.2
Correction or Removal of Defective Work ........... 13 .11
Correction Period. One Year ........................ 13 .12
Correction. Removal or Acceptance of Defective
W ork~in general ...............,..... . .. ... 13.11-13. 14
Cost-net decrease..............:....:...........,. 11.6.2
Cost of Work.................................... 11.4-11.5
Costs. Supplemental. . . . . . . .. . . .. .. . . . . _. . . . . . . . . . .. 11.4.5
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, Day-<iefinition of . . . . . . . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . " I
Defecrive-<ietinition of ................................. 1
Defecrive Work. Acceptance of , . . . . . . . . . . . . . . . .. . . . " 13.13
Defecrive Work. Correction or Removal of '......... 13.11'
Defective Work-in general .............., 13, lA. 7, 14. 11
Defective Work. Rejecting. .... . . ... .. ............. .... 9.6
Definitions ',...,......................................... I
Delivery of Bonds, .. .. . .. . , .. .. .. .. .. .. .. .. .. .. .. .. ... 2.1
Determination for U nit Prices ...........,............ 9.10
Disputes. Decisions by Engineer............,.... 9.11-9.12
Documents, Copies of .......................... ~ .. .'.... 2.2
Documents, Record .................................. 6.19
Documents. Reuse ......... .'...,...., .......... .... .,.. 3.6
Drawings-definition of.. .. .. . .. .. .. ... .. .. . ... .. .. .. ... J
Easements .,......,......... '. . . . . . . . .-. . . . . . . . . . , . . . . .. 4.1
Effective date of Agreement-<iennition of .. ,... ......... 1
Emergencies ,...,.....,........................,...... 6.22
Engineer-<ietinition of '................................. 1
Engineer's Decisions ..........'................. 9.10-9,12
Engineer's--Notice Work is Acceptable......., ..... 14.13
Engineer's Recommendation of Payment ...... ]4':4, 14.13
Engineer's Responsibilities, Limitations
on ................. 6.6 ,9 . 11 ,9 . 13 -9. 16 , 18 .,2
Engineer's Status During Construction-in general ,..... 9
Equipment. Labor. Materials and. '..... .... .. ..... 6.3-6.6
Equivalent Materials and Equipment ...:.............. 6.7
Explorations of physical conditions,. ... . .., .. .. .. ,... 4.2
Fee. Comractor's-Costs Plus.."............;......, 1 1.6
'Field Order-<iefinition of ..,..........,.......,.,.......' I
Field Order-issued by Engineer ,.............,. 3.5.1,9.5
Final Application for Payment......"............... 14.12
Final Inspection.........,.. ........,................ 14.11
Final Payment and Acceptance .,....'................ 14.13
Final Payment. Recommendation of ,.......... 14.13-14.14
General Provisions "......."..,................ ] 1,]-17.4
General Requirements-detinition of . . . . . . , . . . . . . . . . . : . .. 1
General Requirements--principal
references to ..".,."........ 2.6. ~.4, 6:4, 6.6-6.7.6.23
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Giving Notice ...,.................................... 17.1
Guarantee of Work-by Contractor..:.';,......::; ~.: iJ. i
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Indemnification. . . . , . . . . . . . . . . . . . . . . . . . . . . .. 6.3ChS.32. 7.5
Inspection. Final .................................... 14.11
Inspection.Tests and..... ..................,......... 13.3
Insurance, Bonds and-in general ....................... 5
Insurance. Certificates of ........................... 2.7. 5
Insurance-<ompleted operations. . . . . . . . . . . . .. . . . . . . .. 5.3
Insurance. Contract~r'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 Regul;uions--:<lefinition of . . . . . . . . . . . . , . . . . . . .. I
Laws and Regulations-general. ... . ... . ......,..... .. 6.14
Liability Insurance-Contractor's ........,.,.......". 5,3
Liability Insurance-Owner's ......................... 5.5
Liens-definitionsof ................................ 14.2
Limitations on Engineer's (
Responsibilities ..;.................. 6.6, 9.] I. 9. B-9.] 6
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Materials and equipment-furnished by Contractor .... 6.3
Materials and equipment-not '
incorporated in Work .............................. 14.2
Materials or equipment-equivalent ................... 6.7
Misc~l1a~eous Provisions ....................... :', .. .. .. 1 Z
Multl-pnme contracts ................................... I
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Notice, Giving of............ ......................... 17.1
Notice of Acceptability ,of Project ,........,..... '.... 14.13
Notice of Award-detinition of ........................ ..1
Notice to Proceed-detinition of ......................... I
Notice to Proceed-giving of ..............:........... 2.3
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"Or-Equal" Items.. , . .. . .. .. ......... ........... .. . ... 6.7
Other contractors ...,...............,................... ,7
Other work .., . : . , . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . , . . . . . . .. 7
Overtime Work-prohibition of ... .. .. .. .... ..... .,. ... 6:3
Owner-definition of .................................... I
Owner May Correct Defective Work.........,.,..... 13.14
Owner May Stop Work. . . . .. .. .. .. . .. .. ........ . . .,'. 13.10
Owner May Suspend Work. Terminate .......... 15.1-15:4
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Owner's Duty to Execute Change Orders.,....., ,. .., 11.3
Owner's Liability Insurance ..,........................ 5,5
Owner's Representative-Engineer to serve as . .'., .... 9.1
Owner~s Responsibilities-in general .:.................. 3
Owner's Separate Representative at site........... ... .9.3
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Partial Utilization ... -1-. . . .. ... . .. .. . . . . '........ . .. 14.10
'" Partial Utilization-definition of.....,................. .. I
Partial Utilization-Property Insurance,.,......."... 5.15
Patent Fees and Royalties ",........,................ 6,1:
Payments. Recommendation Of ........... 14.4c14,7,14,13
Paymeim to C0ntractor-in general ..........."....... 14
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Payments to Contractor-when due ........... 14.4, 14,13
Payments to Contractor-withholding ,.......,....,.. 14.7
Performance and other Bonds ..................... 5.1-5.2
Permits. . . . . , . . . . . . . . . . . .. . . . . . ; . . . .. . . . . . ... . .'. . . . . ... 6.13
Physical Conditions ...........................:....... 4,2,
Physicil Conditions-Engineer's review ............. 4.2.4
Physical Conditions--existing structures... .. .. . . . . .. 4.2.2
Physical Conditions--explorations and reports. .. . . .. 4.2.1
Physical Cl)nditions-possible document change ..... 4.2.~
Physical Conditions-price and time adjustments ,... 4.2.5
Physical Conditions-report of differing ............. 4.2.3
Physical Conditions-Underground Facilities .......... 4.3,
Preconstruction Conference ............................ 2.8
Preliminary Matters ............................:........ 2
Premises, Use of ".............................. 6.16-6.18
Price. Change of Contract'. . . . . . . . . . . . , . . .. . . . . . . . . ... .. II
Price-Contract-definition of .......,.................... I,
Progress Payment. Applications for:, ...... ....... .... 14.2
Progress Payment-retainage ......................... 14.2, I
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Progress schedule ..:............ 2.6.2.9,6.6.6.29, 15.2.6
Project--definition of ...........................,........ 1
Project Representation-provision for ................. 9.3
Project Representative. Resident--detinition of ,......... I
Project. Starting the ...........................,..,.... 2.4
Property Insurance............................... 5.6-5.13
Property Insurance-Partial Utilization ....... ..,........ 5.15
Property Insurance-Receipt and Application
of Proceeds......................,............ 5.12-5.13
Protection. Safety and ........................... 6.20-6.21
Punch list, ...................................;....... 14.11
Recommendation of Payment. .... .. ,.......... 14.4. 14.13
Record Documents .................,................. 6.19
Reference Points ......,............................... 4.4
Regulations, Laws and ............................... 6.14
Rejecting Defective Work ............................. 9.6
Related Work at Site ........................;..... 7.1-7.3
Remedies Not Exclusive ............................. 17.4
Removal or Correction of Defective Work ,.......... 13.11
Resident Project Representative--definition of ........... I
Resident Project Representative-provision for ..,...,. 9;3
Responsibilities. Contractor'S-:in general ,.............. 6
Responsibilities. Engineer's-,-ingenera! ...............,. 9
Responsibilities. Owner's-in general. ...... .......,...., 8
Retainage ;...........,.............,.,............... i4.2
Reuse of Documents .........................,....:... 3.5
Rights of Way ..,'..............."...,.......,........ 4.1
Royalties. Patent Fees and ........................... 6.12
Safety and Protection.:..... 6.20-6.21, 18.1-18.2
Samples.... ... , .. . ... .. .. .. . . ... . .. .. ,. ...... '" 6.23-6.28
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. 14.1
Schedules, Finalizing. ...... ...... .. . _ .. .. .. .. ......... 2.9
Shop Drawings and Samples. .... ... .... ,.. , ..... 6.23-6.28
Shop DrawingS-definition of . .. , . .. .. .. .. .. .. ..; ..,. , . '" 1
Shop Drawings, use to approve
substitutions. .; , .. .. .... . . . ..... .. .. .... .. .. ....... 6.1.3
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Site, Visits to-by Engineer.......,............. ~..... ,9.2
Specifications-definition of ............................. 1
Staning Construction. Before....... ..........,....., 2.5.2.8
Staning the Project...... .,....... ... .......... .......,. 2.4
Stopping Work-by Contractor.. .. ..."........ ...... 15.5
Stopping Work-by Owner,....... ...........,...... 13.10
Subcontractor-<iefinition of . . . . . . . . . . . . . . . . . . . . . . .. . . ... 1
Subcontractors-in general ....................... 6.8-6.11
. Subcontracts--required provisions ............5.11.1, 6.11
11.4.3
Substantial Completion-certification of .............. 14.8
Substantial Completion-definition of . . . . . . . . . . . . . . . . . . .. 1
Substitute or "Or-Equal" Items '....................... 6.7
Subsurface Conditions. . . . . . . . . . . . . . . . . . . . . . . .. . ... 4.2-4.3
Supplemental costs ..................,...,.......... 11.4.5
SupplementarY Conditions-detinition of ...,.......,..., I
SupplementarY Conditions--pri~cipal
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......:(jefinition 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-consent to payment.,................. 14.12, 14.14
Surety-Engineer has no duty to ,.................... 9,13
Surety'-notice to............ ,......... ..... 10.1,10.5,15.2
Surety-qualification of ........................,.. 5.1.5,2
Suspending Work, by Owner......................... 15.1
Suspension of Work and Termination-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
Terminatio~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
Time. Contract-detinition of .... . .. .. ...... . . ~ ..,. ....... 1
Uncovering Work .........................."... 13.8-13.9
Underground Facilities-definition of , .... .. .. ., ...... .., I
Underground Facilities--not shown or indicated.,... 4.3.2
Underground Facilities--protection of ..,....,... 4.3.6.20
Underground Facilities--shown or indicated, ; .. .. ... 4.3.1
U nit Price W ork-detinition of ...,...................... 1
Unit Price Work-general................. 11.9.14.1. 14.5
Unit Prices..........:.............. .. .............. 11.3.1
Unit Prices. Determinations for..... ...... . .,.......... 9.10
Use of Premise~ ................................. 6.16-6.18
Utility owners.......................... 6.13.6.20. 7.2-7.3
Values, Schedule of ......................... 2.6.2.9, 14.1
Variations in Work-Authorized...... ...... .. 6.25, 6.~7, 9.5 '~:"
Visits to Site:-by Engineer ........................,... 9.2
Waiver of Claims-on Final Payment................ 14,16.
Waiver of Rights by insured panies .....,.".... 5.10, 6.11
Warranty and Guarantee-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 ................................ .'.. 11.4-1 L5
Work-<ietinition of ....,..........,..................... I
Work Directive Change-definition of ...,............... 1
Work Directive Change-principal ,
references to ......:.....................3.4.3,10.1-10.2
Work, Neglected by Contractor ...........,.........13.14
Work. Stopping by Contractor......-....,............. 15.5
Work. Stopping by Owner. .. .. ..... ......... .... 15.1-15.4
Written Amendment-detinition of ...................... I
Written Amendment-principal
references to ....:................ 3.4.1. 10.1, 11.2, 12.1
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GENERAL CONDiTIONS
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ARTICLE I-DEFINITIONS
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Wherever used in these General Conuitions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the singular and plural
thereof: ,
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Addenda.,-Written or graphic instruments issued prior to the
opening of Bids which clarify. correct or change the, bidding
documents or the Contract Documents.
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Agreemelll- The written agreement between OWN ER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to (he Agreement and made
a part thereof as provided therein,
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Application ji)r Paymelll- The form accepted by ENG 1-'
NEER which is to be used by CONTRACTOR in requesting
progress -gr final payments and which is to -include such sup-
porting documentation as is required by the Contract
Documents,
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Bid-c- The offer or proposal of the bidder submitted on the
prescribed form setting forth ~Qe 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 Effective Date of the Agreement. '
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Contract Docllments- The Agreement. Addenda (which per-
tain to the Contract Documents). CONTRACTOR's Bid
(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 3.4 and 3.5 on or after the Effective Date of the
Agreement.
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Cont/'(/('( 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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ContrCl('( Timl!- The number of days (computed as provided
in par:lgraph 17,2) or the Liate stated in the Agreement for the'
completion of ,the Work.
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CONTRACTOR-The person. firm or corporation with whom
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OWN ER has entered into the Agreement.
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'defecril'e-An adjective which when modifying the word Work
refers to Work that is unsatisfactory. faulty or deficient, or
does not conform to the Contract Documents" or does not
meet the requirements of any inspection, reference standard.
test or approval referred to in the Contract Documents, or
has beerr'damagedpriOr, to ENGINEER's recommendation
of final payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14,8 or 14.101,
DraH'ings- The drawings which show the character and scope
of the Work to be performed and which have been prepared
or approved by ENGINEER and are referred to in the Con-
tract Documents,
Effectil'e D(I(e of the Axreement- The date indicated in the
Agreement on which it becomes effective. but if no such date
is indicated it means the date on which the Agreement is, '
signed and delivered by the last of the two parties to sign and"":,
deliver.
E.YGINEER- The person, firm or corporation named as such
in the Agreement. '
Field Order-A, written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9.5 but which does not involve a change in the Contract
Price or, the Contract Time,
General Reqllirements-Sections of Division I of the Speci-
fications.
Lall's and Regulations: Laws or Regulations-Laws. rules.
regulations. ordinances, codes and/or orders,
Notice of Award-The written notice by OWNER 10 the
app~rent 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 deliver the Agreement.
Notice to Proceed-A written notice given by OWNER to
CONTRACTOR(with a copy toENG INEER) fixing the date
on which the Contract Time will commence to run and on
which CONTRACTOR shall start to 1Jerform CONTRAC-
TOR'S obligations under the Contract Documents,
OWNER-The public body or authority. corporation, asso-
ciation. firm or person with whom CONTRI\CTOR has entered
into the Agreement and forwhom the Work is to be provided.
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Partial Utili::.ativlI-Placing a portion of the Work in service
for the purpose f~r which it is intended (or a related purpose)
before reaching Substantial Completion for all the Work,
Project-The total construction of which the Work to be
provided under the Contract Documents may be the whole.
'or a part as inLiicated elsewhere in the Contract Documents.
Resident P/'(~iecr Rl'pre,\'I!/i/Cltil'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 specifically prepared by
or for CONTRACTOR to illustrate some portion of the Work
and all illustrations, brochures, standard schedules; perfor-
mance charts, instructions,-diagrams and other information
prepared by a Supplier and submitted by CONTRAcrOR to
illustrate material or equipment for some portion of the Work.
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Specifications-Those 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 cOf1loration 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 pan thereof)
has progressed to the point where, in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion" it is sufficiently complete. in
accordance with the Contract Documents, so that the Work'
(or specified part) can be utilized for the purposes for which
it is intended; or if there be no such certificate issued. when
final paymeilt is due in accordance ;,vith paragraph 14.13. The
terms .. substantially complete", and .. substantially com-
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
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Supplementary Conditions-The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
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Supplier-A -manufacturer, fabricator, supplier, distributor.
materialman or vendor. '
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Underground Facilities-All pipelines, conduits, ducts. cables.
wires. manholes, vaults. tanks, tunnels or other such facilities
or attachmerits. 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
prices.
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Work-The entire completed construction orthe various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction, all
as required by the Contract Documents.
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Work Directive Change-A written directive to CONTRAC-
TOR. issu~don or after the Effective Date of the Agreement
arid 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 panies expect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order following negotiations by the 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 noriengineering or nontechnical rather than suictiy
Work-related aspects of the Contract Documems.
ARTICLE 2-PRELIMINAR Y MA TIERS
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 Documents:
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.
Commencement of Contract Time: Notice to Proceed:
2.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement. or. if
a Notice to Proceed is given, on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within 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.
Starting the Project:
2.4. CONTRACTOR shall stan to perform the Work on
the date when the Contract Time commences to run, but no
Work shall be done at the site prior to the date on wtJich the
Contract Time commences to run.
Before Starting 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
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thereon and all applicable field measurements, CONTRAC:
TOR shall promptly report in writing to ENGINEER any
conflict. error or discrepancy which CO:r-lTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
affected thereby: however. CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents,
unless CONTRA.CTOR had actual knowledge thereof or should
reasonably have known thereof.
2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Require-
ments). CONTRACTOR shall submit to ENGINEER for
review:
2.6.1. an estimated progress schedul,e indicating the
starting and completion dates of the various stages of the
Work:
2.6.2. a preliminary schedule of Shop Drawing,.sub-
missions: and
2.6,3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub-
mission.
2.7, Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER, with a copy to ENGINEER.
certificates (and 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 land
other evidence of insurance requested by CONTRACTOR)
which OWNE'R is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7,
Preconstruction Conference:
2.8, Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR starts the Work at
the site, a conference attended by CONTRACTOR. ENGI-'
NEER and others as appropriate will be held to discuss the'
schedules referred to in paragraph 2.6. to discuss procedures
for handling Shop Drawings and other submittals and for
processing Applications for Payment. and,to establish a working
understanding among the parties as to the Work.
Fina/i:.ing Schedules:
2,9, At kast ten days before submission of the first Appli-
cation for P.l~'ment a conference attended by CONTRAC-
TOR, ENGINEER and others as appropriate will be held to
finalize the schedules submitted in acconJance with para-
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graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time. but such
acceptance will neither impose on ENGINEER responsibility
for the progress or scheduling'of the Work nor relieve CON-
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGINEER as to form and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
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
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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 bi: interpreted in accordance with
that meaning. Reference to standard specifications. manu~ls
or codes of any technical societv, organization or association.
or to the Law~or Regulations o'f any governmental authority.
whether such reference be specific or by implication. shall
mean the latest standard specification. manual. code or Laws
or Regulations in effect at the time of opening of Bids (or, on
'the Effective Date of the Agreement if there were no Bidsl.
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 assign to ENGINEER. or any of ENGI-
NEER's consultants, agents or employees. any duty or'
authority to supervise or direct the furnishing or. performance
of the Work or any duty or authority to undertake responsi-
bility contrary to the provisions of paragraph 9,15 or 9,16,
Clarifications and interpretations pf the Contract Documents
~hall be issued by ENGINEER as provided in paragraph 9.4,
3-.3. If. during the performance of the Work, CONTRAC-
TOR finds a conflict. error or discrepancy in the' Contract
Documents, CONTRACTOR shall so report to ENGINEER
in writing atl!)nce and before proceeding with the Work atTected
thereby shall obtain a written interpretation or clarification
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from ENGINEER; however. CONTRACTOR shall ri~i 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 thereof.
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Amending and Supplementing Contract Documents:
3.4. The Contract Documents may be amended to pro-
vide for additions. deletions and revisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways:
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3.4.1. a forma! Written Amendment,
3.4.2. a Change Order (pursuant to paragraph 10.4).
or
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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 11.1 and 12.1. Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
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3.5. In addition, the requirements of the Contract-Docu-
ments may be supplemented. and minor variations and devia-
tions in the Work may be authorized. in one or more of the
following ways:
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3.5.1. a Field Order (pursuant to paragraph 9.5),
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3.5.1. ENGlNEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27), or
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3.5.3.' ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4),
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Reuse of Documents:'
3.6., Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
n~shing any or'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 an'y other project without written
consent of OWNER and ENGINEER and specific written
verification 'or adaptation by ENGINEER.
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ARTICLE ~A V AILABILITY OF LANDS; PHYSICAL
CONDITIONS; REFERENCE POINTS
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AvailabiJily 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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shcn otHer lands which are designated for the use of CON.
TRACTOR. Easements for permanent structures or perma-'
nent changes in existing facilities will be obtained and paid
for by OWNER, unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in '
OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con.
tract Time. CONTRACTOR may make a, claim therefor as
provided in Article 12. CONTRACTOR shall.provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference, is made
to the Supplementary Conditions for identification of those .',
reports of explorations and tests of subsurface conditions' ~;\
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents, CONTRACTOR may
rely upon the accuracy of the technical data contained in
such repo"s, but not upon nontechnical data. interpreta-' '
tions or opin'ions contained therein orfor the completeness ". '
thereof for CONTRACTOKs purposes. Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6, CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site. '
4.2.2. Existing Structures: Reference is'made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings, but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in ,the immediately preceding sentence and in
paragraph 4.2.6. CONTRACTOR shall have full respon-
sibility, with respect to physical conditions in or relating
to such structures.
4.2.3. ReporT of Differing. Conditions: If CONTRAC. '\
TOR believes that:
4.2.3.1. any t~chnical data on which CONTRAC~
TOR is entitled to rely as provided in paragraphs 4.2.1
and 4.2.2 is inaccurate: or
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated, reflected or referred to in the Contract Docu-
ments,
CONTRACTOR shall, promptly after becoming aware
thereof and before performing any Wbrk in connection
therewith (except in an emergency as permitted by para-
graph 6.221. notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
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4,2.4, ENGINEER's Re\'il'\\':ENGINEER v.:iii
promptly review the pertinent conditions. detennine the
necessity of obtaining additional explorations or tests with
respect thereto and advise OWN ER in writing( with a copy
to CONT~ACTOR) of ENGINEER's findings and con-
clusions,
4.2.5. Possihle Document Change: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because, of newlvdiscovered condi-
tions a change in the Contract Doc~~ents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to retlect and document the
consequences of the inaccuracy or difference.
4.2.6, Possihle Pricl! and Til/le Adjustl/le/lts: 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 OW~ER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles II and 12,
Physical Conditions-l/nderground Facilities:
4,3,1. Shown or Indicated: The information and data
shown or indicated in the Contract Docu(l1ems with respect
to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER
or ENG IN EER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
4.3.1,1, OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
.+.}.1.2. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents, for coordina-
tion of the, Work with the owners of such Underground
Facilities during construction, for the ,safety and pro-
tection thereof as provided in paragraph 6,20 and
repairing any damage thereto resulting from the Work.
the cost of all of which will be considered as having
been included in the Contract Price.
4,3,2. .vilt Sholl'/I 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
performing any Work affected thereby (except in an emer-
gency as permitted by paragraph 6.22!. identify the owner
of such UndagrounJ Facility and give written notice thereof
to that oi.\iner and tl) OWNER and ENGINEER, ENGI-
N EER will promptly review .the Underground Facility to
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8et~rfuine aid extent to which the Contract Documents
should be modified to reflect and document the eonse-
'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.;0.
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 existence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as 'to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles II and 12.
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Reference Points:
'4.4, OWN ER sha)l provide engineering surveys to estab-
lish reference points for construction which in ENG IN EER 's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for lay- '"
ing out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER, CONTRAC-
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
5.1. CONTRACTOR shall furnish performance and pay-
ment Bonds. each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu- ,
, ments, These Bonds shall remain in effect at least until one
year after the date when final payment becomes due, except
as otherwise provided by Law or Regulation or by the Con-
tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary Condi-
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
panies" as published in Circular 570 (amended) by the Audit
Staff Bureau' of Accounts. U ,S, Treasury Department. All
Bonds signed by an agent must be accompanied by a'certified
copy' of the authority to act.
5.2, If [he surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right
to do business is terminated in any state where any part 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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Contractor'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 insurl:d by personal injury
liability coverage which are sustained (a) by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR, or
(b) by any other person for any other reason:
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5.3.5. Claims for damages. other than to the Work
itself, because of injury to or destruction of tangible prop-
erty wherever located. including loss of use resulting
therefrom:
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5.3.6. Claims arising out of operation of Laws or Reg-
ulation~ for damages because of bodily injury or death of
any person or for damage to property: and
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5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
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The insurance required by this paragraph 5.3 shall include
the specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions, or required by law, whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur-
ance so required to be purchased and maintained (or the
certificates or other evidence thereot) shall contain a provi-
sion or endorsement that' the coverage afforded will not be
cancelled, materially changed or renewal refused until at least
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thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting. removing or
replacing defective 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.
Contractual LiabiJily Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5,3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
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Owner's LiabiJily Insurance:
5.5. OWNER shall pe responsible for purchasing and
maintaining OWNER's own liability insurance and, at
OWNER's option, may purchase and maintain such'insur~
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the SupplementarY
Conditioris, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulations). This insurance shall include the interests
of-OWNER. CONTRACTOR. Subcontractors, ENGINEER
and ENGINEER's consultants in the Work, all of whom shall
be listed as insureds or additional insured panies. shall insure
against the perils, of fire and extended coverage and shall
include "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 f~6m any insured
loss or incurred in the repair or replacement of any insured
property (including but not limited to fees and charges of
engineers, architects, attorneys and other professionals). If
not covered under the "all risk," insurance or otherwise pro-
vided in the Supplementary Conditions, CONTRACTOR shall
purchase and maintain similar property insurance on portions
of the Work stored on and off the site.or in transit when such
portions of the Work are to be included in an Application for
Payment.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional propeny insurance as may
be required by the Supplementary Conditions or Law,s and
Regulations which will include the interests of OWNER.
CONTRACTOR. Subcontractors, ENGINEER AND
ENGINEER's consultants in the Work. all of whom shall be
listed as insured or additional insured panies.
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5.8. All the policies of insurance (or the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in acc'ordance 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 leas,t thirty days' prior written notice has been
given to CONTRACTOR 'by certified mail and will contain
waiver provisions in accordance with paragraph 5. n .2.
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5.9, OWNER shall not be responsible for purchasing and
maintaining any property insurance to 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-
contracror or others suffering any such loss and if any of them
wishes, property insurance coverage within the limits of such
amounts. each may purchase and maintain it at the purchas-
er's own expense.
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5.10. .If CONTRACTOR requests in writing that other
special insurance be included in the ,property insurance pol-
icy. OWNER shall, if possible, include such insurance, and
the cost thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site, OWNER shaH in writing
advise CONTRACTOR whether or not su~h other insurance
has been procured by OWNER.
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Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5,7 and any
other property insurance applicable to the Work. and also
waive all such rights against the Subcontractors, ENGI-
NEER, ENGINEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As 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 otherpanies named as insureds,
None of the above waivers shaH extend to ~herights that .
an'y of the insured parties may have to the proceeds of
insurance held by OWNER as trustee or otherwise pay-
abl~ under any policy so issued.
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),11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs ),6 and ),7
shall protect all of the parties insured and provide primary
coverage for all losses and damages caused by the perils
co\'ered thereby, Accordingly. all such policies shall con-
tain provisions to the effect that in the event of payment
of any loss or damilge the insurer will have no rights ~)f
recovery against any of the parties named as insureds or
additional insureds, and if-the insurers require separate
waiver forms to be signed by ENGINEER or ENGI-
NEER's cllnsultant OWNER will obtain the same, and if
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such waiver forms are required of any Subcontractor,
CONTRACTOR will obtain the same,
, Receipt and Application of Proceeds:
5.12. Any insured loss under the policies of insurance
required by paragraphs 5,6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds, as their interestsmay 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 accordaI)ce 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 req1.:ired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5,3 and 5.4 on the basis,ofits 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, If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their 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 complyin,g with the Contract
Documents,
Partial Utili:;ation-Properry Insurance:
5.15. 'If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Comple-
lion of all the Work, such use or occupancy may be accom-
plished in accordam:e with paragraph 14,1,0: provided lhat 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-
anceshall consent by endorsement on the policy or policies',
but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
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ARTICLE 6-CONTRACTOR'S R~SPONSIBILITIES
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Supervision and Superintendence:
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
s~perintendent 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 bipding as if given to CONTRACTOR.'
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Labor, MaterUzls 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 o'r
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, start-up
and,completion of the Work.
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6.5, All materials and equipment shall be of good quality
and new, except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER, CONTRACTOR shall
furnish satisfactory evidence (including reports of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied.. installed, con-
nected. erected, used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assign to
ENGINEER, or any of ENGINEER'sconsultants, 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 (to the extent indicated in paragraph 2.9) adjust.
ments in the progress schedule to reflect the impact thereon
of new developments: these win conform generally to the
progress schedule then in effect and additionally'will comply
with any provisions of the General Requirements applicable
thereto. '
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Substifutes or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a ,proprietary item or the name of a particular Supplier
the naming of the item is intended ,to establish the type.
function and quality required. Unless the name is followed
by words indicating that no substitution is permitted,
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 oC
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute will perform ade-
, quately the functions and achieve the results called for by
the general design, be similar and of equal substance to
that specified and be suited to the same use as that spec-
ified. The application will state that the, evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time, whether or not acceptance of the substitute
for ,use in the Work' will require a change in any of the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
'adapt the design to the proposed substitute and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment ofany 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 all costs that wilt result directly or indirectly from
acceptance of such substitute. including costs of redesign
and claims of other contractors affected by the resulting
change. all of which shall be considered by ENGINEER
in evaluating the proposed substitute.. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR.s
expense additional data about the proposed substitute.
6,7,:'. If a specific means, method. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR ma~ furnish or
utilize a substitute means. method. sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent.to that indicated or required by the Contract
Documents. The procedure for review by ENGINEER
will be-similar to that provided in paragraph 6.7, I as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
6,7.3., ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute, ENGI-
,N EER will be the sole judge of acceptability, and no
substitute will be ordered. installed or utilized without
ENGINEER's prior written acceptance which will be evi-
, ,denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute,
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in eva:uating substitutions
proposed by CONTRACTOR and in making changes in
the Contract -Documents occasioned thereby, Whether or
not ENGINEER accepts a proposed substitute. CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for'evaluat-
ing each proposed substitute.
Conceming Subcontractors, Suppliers and Others:
6,8.1.' CONTRACTOR shall not employ any Subcon-
tractor. Supplier or other person or organization (including
those acceptable to OWNER and ENGINEER as indi-
cated in paragraph 0.8,:'). whether initially or as a substi-
tute. against whom OWNER or ENGINEER may have
reasonable objection, CONTRACTOR shall not be required
to employ any Subcontractor. Supplier or other person or
organization to furnish or perform any of the Work against
whom CONTRACTOR has reasonable objectiLlO.,
6.8,:'. If the Supplementary Conditions require the
identity of cenain Subcontractors. Suppliers or other per-
sons' or organizations (including those who are to furnish
the principal items of materials and cquipmentl to be sub-
, mitted to OWN ER in advance of the specified date prior
to the Effective Date of the Agreement for acceptance by
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWN ER's or ENGINEER '5 accept-
ance (either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance orobjec-
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
Chan~e Order will be .issued or Written Amendment signed.
No acceptance by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiver of any right of OWNER or ENGI-
NEER to reject defectil'e Work.
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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 trade,
6.11, All Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an approprikte 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 ihsurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs 5;6 and 5,7,
Patint Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and roy~
alties and assume all cost's incident to the use in the perfor-
mance of the Work or the inc.orporalion in the Work of any
invention. design. process. product 'or device w~ichis the
subject of patent rights or copyrights held by others. If a
particular invention. design, process. product or device is
specified in the Contract Documents for use in the perfor-
mance of the Work and if to the actual knowledge of OWN ER
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or ENGINEER its use is subject to patent rights or copyrights
calling for the payment of any'1icense fee or royalty to others,
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and ,ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims, damages, losses and expenses (including
attorneys' fees and court 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 wiih any alleged
infringement of such rights.
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Permits:
6.13: Unless otherwise provided in the Supplementary
Conditions. CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall as'sist 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 'applieable at the time of opening of Bids, or if there
are no Bids on the Effectjve 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 Regulations:
6.14.1. CONTRACTOR, shall give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations. neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations.
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6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations. CONTRACTOR shall give ENGINEER'
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRA<;:TOR 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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Tares:
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.
Use of Premises:
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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 o~cupant 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 hannless from and against
all claims. damages. losses and expenses (including, but not
limited to, fees of engineers, architects, attorneys'and other
professionals and court and arbitration costs) arising directly,
indirectly or consequentially out of any action. legal or equi.
table. brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials, rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remove
all waste materials, rubbish arid debris from and about the
premises as welf as all tools, appliances. construction equip-
ment and machinery, and surplus materials. and shall leave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all property not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any pan
of any structure to be 10Cided in any manner that will endanger
the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record Documents:
, 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 counterpan 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. satnpies ~hd
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 w:
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6..20.1. all' employees on the Work and other persons
and organizations who may be affected thereby:
6,20,2. all the Work and materials and equipment .to
be incorporated therein. whether in storage on or off the
site: and
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6,20.3. other property at the site or adjacent thereto.
incluo'ing trees, 'shrubs. lawns. walks, pavements, road-
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement 'in the
course of construction.
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, CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property orto protect them from damage.
injury or loss: and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and udlity owners when prosecution of the Work
may atfect them, and shall cooperate with them in the pro-
tection: removal. relocation and replacement of their prop-
erty, .-\11 damage. injury or loss to any property referred to
in paragraph 6,20.2 or, 6,20,] caused. directly or indirectly.
in whole or in part. by CONTRACTOR. any Subcontractor.
Supplier or any other person or organization directly or indi-
rectly employed by,any of'them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable.
shall be remedied by CONTRACTOR (except damage or loss
,attributable to the fault of Drawings or Specifications or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose acts either
of them- may be liable. and not attributable, directly or indi-
recily. in whole or in parI. to the fault or negligence of CON-
TRACTOR>. CONTRACTOR's duties and responsibilities
for the safety and protection of the Work shall continue umil
such time as all the Work is completed and ENG I:-lEERhas
issued a notice to OWNER and CONTRACTOR in accord-
ance with paragraph 14,13 that the Work is acceptable (except
as otherwise expressly provided in connection with Substan-
tial Completion>.
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6.21. CONTRACTOR shall designate a respllnsible rep-
resentative at the site whose duty shali be the prevention llf
accidents. This person shall be CONTRACTOR's superin-
tendent unless otherwise Jesignated in writin~ by CON-
TRACTOR 10 OWN ER.
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Em~rginde.i-:
6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent thereto,
CONTRACTOR, without special instruction or authorization
from ENGINEER or OWNER. is obligated to act to prevent
threatened damage, injury or 10ss.'CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes
'that any significant changes in the Work or variations from
the Contract Documents have been caused thereby. If ENGI-
NEERdetermines ,that a change in the Contract Documents
is required because of the action taken in response to an
emergency, a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurement~~.
and after complying with applicable procedures specified in .
the General Requirements, CONTRACTORshall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing, submissions (see para.. ; ,
graph 2.9), odor other appropriate action if so indicated in ,'"
the Supplementary Conditions. five copies (unless otherwise
specified in the General RequirementsJof 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 b'y the Contract Doc-
uments, All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. S4pplier,
pertinent data such as catalog numbers and the use for which
intended,
6,25.1: Before submission of each Shop Drawing or
sample CONTRACTOR shall haY,e determined and veri-
fiedall quantities. dimensions. specified performance cri-
teria. installation requirements. materials. catalog num-
bers and similar data with respect thereto and reviewed
or coordinated each Shop Drawing or sample with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents.
6.25,2. At the time of each submission. CONTRAC-
TOR shall give ENGIN EER specific written notice of each
variation that the Shop Drawings or samples may have
from the req'uirements llf the Cllntracl DO,cuments. and.
in addition. shall cause a specific notation to be made on
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each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
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6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawings and samples. but ENGI-
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance
with the information, given in the Contract Documents and
shall not extend to means. me~hods, techniques, sequences
or procedures of construction (except where a specific means,
method, technique, sequence or procedure of construction is
indicated in or required by the Contract Documents) or to
safety precautions orlprograms 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 correct,ed copies of
Shop Drawings and submit as required new samples for review
and approvaL CONTRACTOR shall direct specific attention
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
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6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.15.2 and
ENGINEER has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in'the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25.1.
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6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work perfonned prior to ENGI-
NEER 's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
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Continuing the Work:
6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNI;R. 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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Indemnification:
6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims, damages. losses and
expenses, direct. indirect or consequential (including but not
limited to fees and ~harges of engineers. architects, attorneys
and other professionals and court and arbitration costs) ari~-
ing out of or resulting from the performance of the Work,
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provided that any such claim, damage, loss or expense (a) is
attributable to bodily injury, sickness, disease or death, 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 perfonn or furnish any of the Work or anyone for whose
acts any of them may be liable, regardless of whether or not
it is caused in part by a party indemnified hereunder or arises'
by or is imposed by Law and Regulations regardless of the
negligence of any such party.
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants. agents or employees, by
any employee of CONTRACTOR, any Subcontractor, any
person or organization directly or indirectly employed by any . I
of them to perfonn orfurnish any of the Work or anyone for :'\';
whose acts any of them may be liable. the indemnification
obligation, under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or tYPe:: of damages.
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization
under workers' or workmen's compensation acts. disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER,
ENGINE'ER'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 at Site:
7,1, OWNER may perfonn other work related to the Proj-
ect at the site by OWNER's own forces, have other work
perfonned by utility owners or let other direct contracts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be perfonned 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 perfonning the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work. and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fining and patching of
the Work that may be required to make its several parts come
together 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 ENG IN EER
and the others whose work will be affected, The duties and
responsibilities of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWNER and such utility owners and other contractors.
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 lor OWNERl. CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays.'defects or deficiencies in such work that render
it unavai'lilble or u,nsuitable 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 autho~-
ity and responsibilities will be provided, in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions. neither OWNER nor ENGINEER shall have ariy
authority or responsibility in respect of such coordination,
ARTICLE 8-0WNER'S RESPONSIBILITIES
8,\. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
8,2. In case of termin'ation of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes ~o reasonable objection, whose sta-
tus under the Contract Documents shall be that of the former
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
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
easem~nts and provieing engineering surveys to establish
reference points are set forth in paragraphs 4, I and 4.4, Para-
graph 4,2 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-
itires Which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5.5 through 5.8.
8.6. . OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4,
8.7. OWNER's responsibility in respect of certain
inspections, tests and approvaJs is set forth in paragraph 13.4.
8,8. [n connection with OWNER's right to stop Work or
suspend Work. see paragraphs I3.1O and I .:i. 1. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
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ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9,\, ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
representative during constructio,n are set forth in the Con-
tract Documents and shall not be extended without' written
consent of OWNER and ENGINEER.
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Visits to Site:
9,2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
,the progress and quality of the executed Work and to deter-
mine, in general. if the Work is proceeding in accordance
with the Contract Documents. ENGINEERwill not be re'luired
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 td 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 assist
ENGINEER in observing the performance of the Work, The
duties, responsibilities and limitations of. authority of any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions, If OWNER
designates another agent to represent OWN ER at the site
who is not ENGINEER's agent or employee. the duties,
responsibilities and limitations of authority of such other
person will be as provided in the Supplementary Conditions.
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Clarifications and InlerpreUUions:
9.4. ENGINEER will issue with reasonable ,promptness
such written clarificafions or interpretations of the require-
ments of the Contract Documents (in the form qf Drawings
or otherwise) as ENGINEER may detennine necessary, which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR
believes that a written clarification or interpretation justifies
an increase in the Contraci Price or an extension of the
Contract. Time and the parties are unable to agree to the
amount or extent thereof. CONTRACTOR may make a claim
therefor as provided in Article 11 or Article 12.
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Aulhorize~ Var.ations in Work:
9.5. EN,GINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order 'and will be binding on OWNER. and also on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increas'e in the Contract Price or an extension of
the Contract Time and the parties are unable to agree as to '
the amount or extent thereof, CONTRACTOR may make a
claim therefor as provided in Article II or 12.
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Rejecting Defective Work:
9.6. ENGINEER wjll have authority to disapprove or
, reject Work which ENGINEER believes to be defective, and
will also have authority to require special inspection orresting
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, Change Orders and Payments:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples, see paragraphs 6.23 through
6.29 inclusive. '
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9.8. In connection with ENGINEER's responsibilities as
to Change Orders. see Articles 10. ll.and 12'.
9.9, In connection with ENGINEER's responsibilities in
respect of Applications for Payment, etc.. see Article 14. '
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Determinations for Unit Prices:
9,10, ENGINEER will determine the actual quantities
and classifications of Unit Price Work performed by CON-
TRACTOR. ENGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on such matters
,before rendering a written decision thereon (by recommen-
dation 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 days
after the date of any such decision, either OWNER or CON.
TRACTOR delivers to the other party to the Agreement and
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to ENGINEER written notice of intention to appeal from
such a decision. '
Decisions on Disputes:
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 Articles 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 supp~rt of the claim.
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9.12. When functioning as interpreter and judge under
paragraphs 9, iO and 9.11, 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, '
Limiuzlions on ENGINEER's Responsibilities:
9,13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents ,nor an'y
decision made by ENGI\:'lEER 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, orany other person or organization
performing any of the Work. orto any surety for any of them.
9'.14. Whenever in the Contract Documents the tenns "as
ordered". .. as directed". .. as required"; .. as allowed". .. as
approved" or terms of like effect or import are used, or the.
adjectives "reasonable", "suitable". "acceptable ...' "proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement. direction. review orjudgment
of ENGINEER as to the Work, it is intended that such
requirement.' direction. review or judgment will be solCly 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.
9.15, ENGINEER will not be responsible for CON-
TRACTOR's means, methods. techniques, sequences or pro-
cedures of construction, or the safety precautions and pro-
grams incident thereto. and ENGINEER will not be respon-
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents,
9.16, ENGINEER will not be responsible for the acts 'or
omissions of CONTRACTOR or of any Subcontractor. any
Supplier, or of any other person or organization performing
or furnishing,any of the Work, '
ARTICLE IO-CHANGES IN THE WORK
10. I. Without invalidating the Agreement and without notice
to any surety. OWNER may. at any time or from time to
time, order additions. deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order, or a Work Directive Change. Upon receipt of any such
document, ,CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
10,2. If OWNER and CONTRACTOR are unable to agree
as to the extent. if any, of an increase or decrease in the
Contract Price or an ext~nsion 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 12.
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 tbe
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.
IDA. OWNER and CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendments) covering:
10.4.1, changes in the Work which are ordered by
OWNER pursuant to paragraph 10.1, are required because
of acceptance of defecril'e Work under paragraph 13. 1 ~ or
correcting ddecril'e Work under paragraph 13,14. or are
agreed to-by 'the parties: '
10.4.2. changes in the Contract Price or Contract Time
which are agreed to by the parties: and
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10:4;3: changes in the Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph9,11:
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 carryon the Work and adhere to the prog-
ress schedule as provided in paragraph 6.29,
10.5, If notice of any change affecting the general scope
of the Work or the provisions of the Contract' Documents
(including, but not limited to, Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notice will be CONTRAC-
TOR's responsibility, and the amount of each applicable Bond
will be adjusted accordingly.
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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.
11,2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
pany and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the,claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9,11 if OWNER and CONTRACTOR
cannot otherwise ag~ee on the amount involved~ No claim
for an adjustment in the Contract Price will be valid if not
submitted in accordance with this paragraph I L2.
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, I. Where the Work involved is covered by unit
prices contained in the Contract Documents. byapplica-
tion of unit prices to the quantities of the items involved
, (subject to the provisions of paragraphs It.9, I. through
11.9,3, inclusivel.
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11.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 11.6.2.1). '
11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as, provided in paragraphs 11.6 and 11.7).
Cost of the Work:
11.4. The tenn Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in'
the proper perfonnance 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:
11.4.1.- Payroll costs for employees in the direct employ
of CONTRACTOR in the perfonnance of the Work under
schedules of job classifications agreed upon by OWNER,
,and CONTRACTOR. Payroll costs for employees not,
employed full time on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll costs
shall include, but not be limited to, salaries and ,wages
plus the cost of fringe benefits which shall include social
security contributions, unemployment. excise and payroll
taxes, workers' or workmen's compensation, health and
retirement benefits, bonuses, sick leave, vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of '
perfonning Work after regular working hours. on Satur-
day, Sunday or legal holidays, shall be included in the
above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of trans-
ponation and storage thereof. and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments, in
which case the cash discounts shall accrue to OWNER.
All trade discounts, rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained.
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work perfonned 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 detennine, 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 dctcnnincd in the same manner as CONTRAC-
TOR's Cost of the Work. All subcontracts shall be subject
to the other provisions of the Contract Documents insofar
as applicable.
11.4.4., Costs of special consultants (including but not
limited to 'engineers, architects, testing laboratories, sur-
veyors, attorneys and accountants) employed for services
specifically related to the Work.
II :4.5. Supplemental costs including the following:
11.4.5. I . The proportion of necessary transporta-,
tion, travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.2. Cost. including transportation and main-
tenance. of all materials, supplies. equipment. machin-
ery, appliances, office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the perfonnance of the Work, and cost
less market value of such items u sed but not consumed
which remain the property of CONTRACTOR.
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11.4.5.3. Rentals of all construction equipment and
machinery and the pans thereof whether rented from
CONTRACTOR or others in accordance with rental
, agreements approved by OWN'ER 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 thereof is no longer
necessary for the Work.
'11.4.5.4. Sales. consumer. use or similar taxes
related to the Work. and for which CONTRACTOR is
liable, imposed by Laws and Regulations.
,11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR, any Subcontractor or any-
one directly or indireCtly employed by any of them or
for whose acts any of them may be liable, and royalty
payments and fees for pennits and licenses.
11.4.5.6, Losses and damages (and related
expenses). not compensated by insurance or otherwise,
to the Work or otherwise sustained by CONTRACTOR
in connection with the perfonnance and furnishing of
the Work (except losses and damages within the
deductible amounts of property insuran,ce establish'ed
by OWNER in accordance with paragraph 5.9), pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR; any Subcontractor, or
anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses,
damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRAC"
TOR's Fee. If. however, any such loss or damage
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requires reconstruction and CONTRACTOR is plac~8
in charge thereof. CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph
11,6,2,
i IA.5,7. The cost of utilities. fuel and sanitary
facilities at the site. '
1104.5,8. ,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.
11.4.5.9. Cost of premiums for additional Bonds
'and insurance required because of changes in the Work
and premiums for property insurance coverage within
the limits 'of the deductible amounts established by
OWNER in accordance with paragraph 5,9,
Ii .5. The term Cost of the 'Nork shall not include any of
the following: '
11.5.1, Payroll co~ts and other compensation of CON .
TRACTOR's officers. executives. principals (of partner.
ship and sole proprietorships). general managers. engi-
neers. architects. estimators. attorneys. auditors. accoun-
tants. purchasing and contracting agents, expeditors.
timekeepers. clerks ,and other, personnel employed by
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 to in para-
graph 11,4,1 or specifically covered by paragraph 11.4.4-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
11.5,2. Expenses ('If CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site.
11,5,3, Any part of CONTRACTOR's capital expenses.
including interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR for
delinquent payments,
11,5.4, Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
t,he Contract Documents to purchase and maintain the
same (except for the cosl\of premiums covered by sub-
paragraph 11.4,5.9 above),
11.5.5, . Costs due to the negligence of CONTRAC.
TOR. any Subcontractor. or anyone directly or indirectl~'
employed by any of I ~cm or for \Vho~e acts any of them
may be li.ible, in..:I'.lding but not limited to. the correction
of de.f(-( Ii" \''-urk. Jisposal of materials' or equipment
wrongly Sli, ~",~. ,: "1aking good any dam,lge to prop.
erty,
11,5.6. Qther overhead or general expense costs l)f
any kiml and the costs of any item not specitically and
expressly included in paragraph 11.4.
CONTRACTOR's Fee.~
11,6. The CONTRACTOR's Fee allowed toCONTRAC.
TOR for overhead and profit shall be determined as follows:
11,6: I, a mutually acceptable fixed fee: or if none can
be agreed upon,
11.6,2. <J, fee based on the following percentages of the
various portions of the Cost of the Work:
11,6,2,1. for costs incurred under paragraphs 11.4.1
and 11.4,2. the CONTRACTOR's Fee shall be fifteen
percent:
11..6,2.2. forccstsincurredunderparagraph 11..4.3:
the CONTRACTOR's Fee shall be f.vepercent: and if '
a subcontract is on the basis of Cost of the Work Plus
.1
a Fee. the maximum allowable to CONTRACTOR on ,fool'.
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, 1104.5 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 any 'one change. the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the "-
net change in accordance with paragraphs 11.6.2,1
through I \'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
'pocuments 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 rless any applicable trade discounts) of mate-
rials and equipment required by the allowances to be deliv-
eredat the site, and all applicable laxes: and
11,8.2, CONTRACTOR's costs for unloading and
handling on the site, labor. installation costs. overhead.
profit and other expenses contemplated for the allowances
ha ve 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 reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances. and the Contract Price shall be correspond-
ingly adjusted.
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Unit PrU:e Work:
11.9.1. Where the Contract Documents provide that
all or part of the Work is to be U nit Price Work. initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
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11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR' s overhead 'and profit for each sep-
arately identified item.
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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 parties are
u'nable 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
o,r shortening of the Contract Time shall be based on written
notice delivered by the party making the claim to, the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in support of the claim) and shall be accom- '
panied by the claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
, has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in 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 Contract Time will
be valid if not submitted in accordance with the requirements
of this paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON.
TRACTOR if a claim is made therefor as provided in para'.
graph 12.1. Such delays shall include. but not be limited to.
acts or neglect by OWNER or others performing additional
work as contemplated 'by Article 7, or to fires, floods. labor
disputes. epidemics. abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this .'
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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-WARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS;
CORRECTION. REMOV AL OR
ACCEPTANCE OF DEFECTIVE WORK
WlU'TrlIIty and GlUUYUllee:
13,1. ' CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be defeCTive.
. Prompt notice of all defects shall be given to CONTRAC-
TOR. All defective Work. whether or not in place. 'may be
rejected. corrected or accepted as provided in this Article 13.
Access to Work:
13.2. ENGINEER and ENGINEER's representatives.
, other representatives of OWNER. testing agencies and gov-
ernmental agencies with jurisdictional interests will have access
to the Work at reasonable times for their observation. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions, for such access,
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for all required inspections. tests or
approvals. '
13.4. If Laws or Regulations of any public body, having
jurisdiction require any Work (or part thereoO to specifically
be inspected. tested or approved, CONTRACTOR shall
assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required certificates
of inspection. testing or approval. CONTRACTOR shall also
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be responsible f9r and shall pay all costs in connection with
any inspection or testing required in connection with OWN-
ER's or ENGINEER's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work, or of
materials or equipment submitted for approval prior to CON-
TRACTOR's purchase thereoffor incorporation in the Work.
The cost of all inspections, tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specified!.
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 ENGI0iEER if so
specified !.
13.6. If any Work (including the work of others) that is
to be inspected, tested or approved is covered without written
concurrence of ENGINEER. it must. if requested by ENGI-
NEER., be uncovered f.or observation. Such uncovering shall
, be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
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.
Uncovering Work:
13,8, If any Work is covered contrary to the w,ritlen request
of ENGINEER. it must. if requested by ENGI:-.iEER. be
uncovered for ENGINEER's observation and replaced at
CONTRACTOR's expense,
13,9. If EN GIN EER considers it necessary or advisable
that' covered Work be observed by ENGINEER or inspected
,or tested by others. CONTRACTOR. at ENGINEER's
request. shall uncover. expose or otherwise make available
for observation. inspection ~r testing as ENGI~EER may
require. that portion of the Work in question. furnishing all
necessary labor. material and equipment. If it is found that
such Work is dt:.fectil'('; CONTRACTOR shall ,bear all direct.
indirect and consequential costs of such uncovering. expo-
sure. observation, inspection and testing and of satisfactory
reconstruction. (including but norlimited to fees andcharges
of engineers. architects. ~ttorneys and other professionals).
and OWN ER shall be entitled to an appropriate decrease in
the Contract Price, and. if the parties are unable lL1 agree as
to the: amount thereof. may make a claim therefor as provided
in Article II, If. ho\\ ':\er. slIch WLlrk is not fl1und to t>e
dej"Cli\'(', CO'-:TR'ACTOR shall be allowed 'an increase in
'the CllOtract Pri~<.: ,'I' ..il c.\,.:nsion of the Contract Time.l1r
both, directly ilttnL1l1tat>le tLl such uncovering, e:>,:pOSllre.
obse:rvation. inspection, testing and reconstruclil1n: and, if
the partie:s are unablt: to' agree as to the: amount or exteOl
thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles I [ and [2.
Owner May Stop the Work: ,
13.10, If the Work is defeetil'e. or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish pr 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 tostop
the Work shall not give rise to any duty on 'the part of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party.
Correction or Removal of Defective Work:
13.11. Ifrequired by ENGINEER, CONTRACTOR shallA
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 nondefecth'e Work. CONTRACTOR
shall bear all direct. indirect and consequential costs of such
correction or removallincluding but not limited to fees and
charges of engineers, architects. attorneys and other profes-
sionals) made necessary thereby.
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One Year Correction Period:
13, [2. If within one year after the date of Substantial
Completion or such Iqnger period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents, any
Work is found to be defectil'e, CONTR.A"CTOR shall promptly.
without cost to OWNER and in accordance with OWNER's
written instructions, either correct such defeetil'e Work. or.
if it has been rejected by OWNER. remove it from 'the site
and replace it with lIondefectil'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 defective 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 professional;) will
be paid by CONTRACTOR. In special cir,cumstances where
a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work. the correction
period for that item may start to run from an earlier date if
so provided in the Specifications or by Written Amendment.
Acceptance of Defective Work:
13.13. If. instead of requiring correction or removal and
replacement of defeetil'/! Work. OWNER land. 'prior to
ENGINEER's recommendation of final payment. also
ENGIN EER) prefers to accept it. OWNER may do so. CON-
TRACTOR shall bear all direct. indirect and consequential
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costs attributable to OWNER's evaluation of and determi-
nation to accept such defective, Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges of engineers. architects. attor-
neys and other professionals), If any such acceptance occurs
prior to ENGINEER's recommendation of final payment. a
Change Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in
the 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. 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 e~ercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action, OWNER
may exclude CONTRACTOR-from all or part of the site, take
possession of all or part of the Work, and suspend CON-
TRACTOR's services related thereto, take possession of
CONTRACTOR's tools, appliances, construction ,equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
tatives, agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct. indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Order will be issued incorporating the necessary ,revisions in
the Contract Documents with respect to the Work: and
OWNER shall be entitled to' an appropriate decrease in the
Contract Price, and, if the' parties are unable to agree as to
the amount thereof; OWNER may make a claim therefor as
provided in Article 11. Such qirect. 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-
fonnance of the Work attributable to the exercise by OWNER
of OWNER's rights and remedies hereunder.
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ARTICLE 14-PA YMENTS TO CONTRACTOR AND
COMPLETION
Schedule of Values:
'14,1. .The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
ApplicaJionfor Progress Paymelll:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACTOR shall submit to ENGINEER for review an Appli- ,I
cation for Payment filled out and signed by CONTRACTOR r,,\
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation 'as is
required by the Contract Documents. If payment is requested
on the basis of materials and equipment not incorporated in
the Work but delivered and suitably stored at the site or at
another location agreed to in writing, the Application for
Payment shall also be accompanied by a bill of sale, invoice
or other documentation warranting that OWNER has received'
the materials and equipment free and clear of an 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.
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CONTRACTOR's Warranty of Title:
]4,3. CONTRACTOR warrants and guarantees that title
to a1] 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.
Revuw of AppliCalions for Progress Paymelll:
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 resubniit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation, the amount rec-
ommended will (subject to the provisions of the last sentence
of paragraph ]4.7) become due and when due will be paid by
OWNER to CONTRACTOR.
i4.5. ENGINEER's recommendation\of any payment
requested in an Application for Payment will constitute a
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representation by ENGINEER to OWNER. based on ENGI-
NEER's on-site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
NEER's review of the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the point indicated: 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 [he Work as a functioning whole
prior to or upon Substantial Completion. to the results of any
,subsequent tests called for in the Contract Documents. to a
final determination of quantities and classifications for Unit
Price Work under paragraph 9, 10. and to any other qualifi-
cations stated in the recommendation): and that CONTRAC-
TOR is entitled to payment of the amount recommended,
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that exhaus-
tive or continuous ,on-site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specifically assigned to ENGINEER in the
Contract Documents or that there may not be other matters
or issues-between the parties that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR,
14,6. ENGIN E~R 's recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
TOR's being entitled to final payment as set forth in paragraph
14.13 have been fulfilled.
'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:
14.7,1. the Work is defecti\'e, or completed Work has
been damage? requiring correction 'or replacement.
14.7.~. the Contract Price has been reduced by Writ-
ten Amendment or Change Order.
14,7.3. OWNER has been required to correct defee-
the Work or complete Work in accordance with paragraph
13.14. or
14,7.4. of ENGINEER's actual knowledge of the
occurrence of any of the events enumerated in paragraphs
15,~.1 through 15,~.9 inclusive,
OWNER may' refuse to make payment of the full amount
recommended by ENGIN EER because claims have been
made against OWNER on account of CONTRACTOR's per-
formance or furnishing of the Work or Liens have been filed
in connection with the Work or [here are other items entitling
OWNER to a set-off against the amount recommended, but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGIN EER) stating the reasons for such
action.
Substantial Completion:
14.8. When CONTRACTOR considers the, entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request' that ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the sratus of completion. If ENGINEER does not con-
'sider the Work substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If1.\o', .
ENGINEER considers the Work substantially complete; ';
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or cor- "
rected before final payment. OWNER shall have seven days .'
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If. after considering such objec-
tions. ENGINEER concludes that the Work is not substan-
tially complete, ENGINEER will within fou~een 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, ENG rNEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive certificate of Substantial
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Completion (with a revised tentative list of items to be com-
pleted or corrected) reflecting such changes from' the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWN ER. At the time of delivery
of the tentative certificate of Substantial Completion ENGI-
NEER will deliver to OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR,with
respect to security, operation. safety, maintenance. heat,
utilities, insurance and warranties. Unless, OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prio~ to ENGINEER's issuing the definitive
certificate of Substantial Completion. ENGIN EER's afore-'
said recommendation will be binding on OWNER.and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion, but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative list.
.Partw.l Utilization:
14.10. Use by OWNER orany finished part of the Work.
,which has specifically b~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:
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 anytime may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan~
tiaily complete and request ENGINEER to issue a certif-
icate of Substantial Completion for,that 'part of the Work.
Within a.teasonable 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.
14.10.1. OWNER may at any time request CON-
. TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the'
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security, operation. safety. maintenance. utilities, insur-
ance. warranties and guarantees for that part of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER), During such operation
and prior to Substantial Completion of such part of the
Work, OWNER shall allow CONTRACTOR reasonable
access to complete or con-ect items on said list and to
complete other related Work,
14.10,3. No occupancy or separate operation of part
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
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 will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures ,as are necessary to remedy such defi-
ciencies.
Final Application for Payment:
14.12. After CONTRACTOR has completed all such cor-
, rections to the satisfaction of ENGINEER and delivered all
maintenance ,and operating instructions, schedules. guaran-
tees. Bonds. certificates of inspection. marked-up 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 1'4.16). 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 Wofk. In
, lieu thereof and as approved by OWNER. CONTRACTOR
may furnish receipts or releases in full: an affidavit of CON.
TRACTOR that the releases and receipts include all labor,
services, materi3J and equipment for which a Lien could be
filed. and that all payrolls. material and equipment bills. and
other indebtedness connected with the Work for which
OWNERorOWNER's property might in any way be respon-
, , sible. have been paid or otherwise satisfied: and consent of
the surety, if any. to final payment. If any Subcontractor or
Supplier fails to furnish a, release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac.
tory to, OWNER to indemnify OWNER against any Lien.
'.t:\
. Final Payment and Acceptance:
14.13. If. on the basis of ENGINEER's observation of
,the Work during construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanying documentation-all as required by the
Contract Documents, ENGINEER is satisfied thai 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 ENGINE,ER's rec.
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER arid CONTRACTOR that the Work
is acceptable subject to .the provisions of paragraph 14.16.
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Otherwise, ENGINEER wili 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 andsubstance. and with ENGINEER's recommen-
dation and notice of acceptability, the amount recommended
by ENGIN EER will become due and will be paid by OWNER
to CONTRACTOR.
14.] 4, 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. r,nake payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is l~ss than theretainage stipulated in the Agree-
ment. and if Bonds have been furnished as required in para-
graph 5,1. the written consent of the surety to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
pay'ment shall be made under the 'terms and conditions gov-
erning final payment,' except that it shall not constitute a
waiver of claims.'
Contractor's Continuing Obligation:
14,15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute, Neither recommendation of any progress
or final'payment by ENGINEER. nor the issuance of a cer-
tificate of Substantial Completion. nor any payment by
OWNER to CONTRACTOR under the Contract Documents.
nor 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 defective Work by OWNER will con-
sii.tUte 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 14.161.
Wah'er of Claims:
14.'16, The making and acceptance of final payment will
constitute:
14,16. I. a waiver of all claims by OWN ER against
CONTRACTOR. except claims arising from unsettled
Liens. from LleF'nil'(' Work appearing after final inspec-
tion pursuant to paragraph 14, II or from failure w comply
with [he Contract Documents or the terms of any special
guarantees specified therein: however. it will not consti-
tute a waiver hy OWNER of any rights in rt:sp<:ct l)t'
20N~RACT6R'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 May Suspend Work:
15.1. OWNER may. at any time and without cause, sus-
pend the Work or any portion .thereof-for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the dater~'.
so fixed. CONTRACTOR shall be allowed an increase in the '
Contract Price or an extension of the Contract Time. or both,
directly attributable to any' suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles II
and 12.
Owner May Terminate:
15.2. Upon the occurrence of anyone or more of the
fallowing events:
15.2.1. if CONTRACTOR commences a voluhtary case)
under any chapter of the Bankruptcy Code (Title 11. United
States Code), as now or hereafter in effect, ,or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or'state
law in effect at such time relating to the bankruptcy or
insolvency:
15,2,2. 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 bankruptc'y or insolvency,;
15.2.3, if CONTRACTOR makes a general assignment
for the benefit of creditors: '
15,2.4. if a trustee. receiver. cuslOdian or agent of
CONTRACTOR is appointed under applicable law or under
contract, whose appointment or authority to take charge
of' property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit
of CONTRACTOR's creditors;
15,2.5, if CONTRACTOR admits in writing an inabil-
ity to pay its debts generally as they become tlue';
, ~
15,2.6. if CONTRACTOR persistently fails to perform
the Work in accordance with [he Contract Documents
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(including. but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to ,the progress schedule established under
paragraph 2.9 as revised from time to time):
15.2.7, if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction: '
15.2.8. , if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.9.. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments;
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 e'xceeds thedirect. 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 ob~in the lowest price for the Work performed,
15.3. Where CONTRACTOR's servic'es 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).
, "
~l.
Contractor May Stop Work or Termintiu:
15.5. If, through no act or fault of CONTRACTOR, the
Work is ,>uspended for a period of more than ninety days\by
OWNER or under an order of court or other public authority. " ,
or ENGINEER fails to act on any Application for Payment
within thirty days after it is submitted, or OWNER fails for
thirty days to pay CONTRACTOR any s'umfinally deter-
mined to be due. then CONTRACTOR may, upon seven
days' written notice to OWNER and ENGINEER, terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement. if ENGINEER has failed to. act on an Appli-
cation for Payment or OWNER has failed to'make any pay.
ment as aforesaid. CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop ,the Work
until payment of all amounts then due, The provisions of this
paragraph shaUnot relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
,(The remainder of this page was left blank intentionally,]
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ARTICLE 16--ARBITRATION
16.1 All claims, disputes and other matters in question getwee~
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 o'f Richmond County, Georgia. ' \
(The remainder of this page was left blank intentionally.)
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(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.
Computation 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
not. 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 aiw 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 como,
pletion of the Agreement.
/
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1.1
1.2
SUPPLEMENTARY CONDiTIONS
OWNER'S LIABILITY & PROPERTY INSURANCE:
Section 5.5, 5.6, 5,7, 5.8, 5.9, 5.10 ofthe General Conditions shall be amended as
follows:
No additional liability or property insurance will be purchased by
Augusta-Richmond Country for this project.
Current insurance coverages will remain in 'effed for the life of this
Contract.
CONTRACTOR'S LIABILITY:
As indicated under Section 5,3 of the General Conditions, the Contractor's
Liability Insurance shall be in an amount not less than $200,000 for injuries,
including accidental death, to anyone person, and subject to the same limit for
each person, in an amount not less than $500,000 on account of one accident, and
Contractor's Property Damage Insurance in an amount not less than $100,000 for
all property damage sustained by anyone person in anyone accident; and a limit
of liability of not less than $200,000 for any such damage sustained by two or
more persons in anyone accident. '
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The contractor shall either (1) require each of his subcontractors to procure and to
maintain during the life of his subcontract, Subcontractor's Liability and Property
Damage Insurance of the type and in the same amounts as specified in the
preceding paragraph, or (2) insure the activities of his subcontractors in his own
policy.
1.3
SPECIAL HAZARDS:
The contractor's and his Subcontractor's Liability and Property Damage
Insurance shall provide adequate protection against the following special hazards:
(a) Work within the right-of-ways of the Augusta-Richmond County
Road System.
(b) Work within easements granted by property Owners in connection
with the construction of the project.
( c) Work in close proximity to existing water lines, telephone lines,
gas lines, other utilities and private structures contiguous to the job
site.
SC-l
Rev: 08/10104
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1.4 TESTING LABORATORY:
All testing and laboratory work in connection therewith shall be performed by an
independent firm and paid for by the contractor. Copies of all test reports shall be
forwarded to Augusta Public Works and Engineering Department., There wil1.be
no separate payment for this work.
. 1.5 SURVEYS:
The Contractor will provide surveying for construction staking, horizontal control
and vertical control as necessary.
1.6 PROGRESS PAYMENT:
Section 14.2 of the General Conditions shall be amended as follows:
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The Contractor may submit monthly estimate for work completed
I
and materials properly stored as approved by the Engineer, When an
estimate includes materials stored, a bill of sale, invoice or other
documentation warranting that the Owner is receiving the material
free and clear of all liens, charges, security interest and of all liens,
charges, security interest 'and other, encumbrances shall be attached
to the payment request. '
1.7 ENGINEER:
All references to "Engineer" shall be interpreted to mean the Director of Public
Works arid Engineering, or his official designee,
1.8 UNDERGROUND UTILITIES: (References 4.3, 1.4,3;2) ,
The Contractor shall coordinate with all utility companies through the, "One
Call" method or other appropriate steps to locate and avoid damage to all utilities
that may affect or be affected by the Con~actor's work.
1.9 SAFETY: (Reference 6.20) j
The Contractor shall use certified flagmen, barricades and signs as necessary to
notify the public, in particular, those persons driving in the vicinity of the project,
of the construction and its affect on traffic.
SC-2
Rev: 08/10/04
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POlNTE WEST DRAINAGE
lJ.\.1PROVEMENTS J?B.ASE I-A
STOR1\i SEWER REPAIRS
PROJECT NO. 323-04-203823372
AUGUSTA, GEORGIA
July 21,2004
( , &MOUNT
ITEM NO. DESCRIPTION. oUANTITY. UNIT & UNIT PRICE,
I. STORM SEWER
1, Mobilization fii9(!;t9.. dV 'fOfr9,w
1 L;S.@ $ /L.S. $
1 '
2. CCTV Inspection of Existing Pi~?:Required by City) ?JIG,?'f
$
~15 L,F. @ $ I, . IL.F . ,I
:~';\
3. Point Repair Allowance forNeeded Repairs to Existing Pipe
Prior to Lining (See Note 2 Below)
Lump Sum $ 5,000.00
Clean & Line 42" Cl\1P from HW #1 to SWT #3 Including
SealiRg Liner at End Points. Minimum 15mm, thickness.
'lOS(8.} rrl ll1}.F. @ $ f).!f'f.'" /L.F,
Clem & Line 54" CMP from SWT #6 to Stonn Box #7
Including Sealing Liner a.t End Points, Minimum 15mm
~)es:;I/1) LF. @ _$ 311:"'" /L.F.
CCTV Inspectipn of Lined Pipe (If Required by City)
215 L.F, @ $ /,15 " fL.F. '
, 7. Remove and Replace Existing Drainage Structure Tops
1, ' Each @ . $ B ;).;5 t? pO /Each
4.
$ ~71tJP~
5.
$' 36 Lf11- eO
f '
s J ? G LJ. '5
$ h; vO:;. -
$ ~/7-9i:(tl '
6.
TOTAL
, Notes:
1. All bids will be on a unit price basis md final payment Vlill be based on actual work performed..
2. Prior to p~onningany point repairs, any and all costs must be approved in the field by the. .
inspector.
. Submitted By:
l-ufJ;/~ t./f pt'?$#
Address ~
By:
Title:
, Date:
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GENERAL NOTES MASTER COpy
REVISED 3 - 06 - 03
RLC
./
GENERAL NOTES
,ADJUSTING NllNOR 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 tbis work unless shown
, as a separate pay item.
* Prior to any resurfacing the contractor shall identify and reference' all .;~, .
structures so the precise locations can be determined after resurfacing. This
shall be done in the company of the ARC Inspector. This shall be the first order '
of '-work where minor structures requiring adjustment are included in the
contract.
AGGREGATE SURFACE COURSE:
The item aggregate surface course is for use in inclement weather to facilitate the
movement of local traffic along roadway construction and to permit ingress and
egress at drives. When used for this purpose, Section 318, Georgia Standard
Specifications, IS modified to permit truck dumping on unprepared and muddy
subgrade. Section 318 is further modified to permit the use of crusher run stone as
described in Subsection 806.02, The Contractor will have the choice of the following
materials.
Graded Aggregate
Coarse Aggregate Size 467
Stabilizer Aggregate Type 1 or 2 '
Crushed Stone
, Subsection 815.01
Subsection 800.01
Section 803
Subsection 806.02
All materials to be used as directed by the Engineer.
AS-BUILT PLANS:
The Contractor shall furnish a complete, legible set of "as-built" plans, in good
condition, to the Project Inspector prior to the date of the Final Inspectio~. Such
plans shall have all significant changes marked in red. The Project Inspector shall
review the marked plans for accuracy, legibility and completeness. After the Project
Inspector approves and signs the redlined plans, a qualified engineering finn, selected
by the contractor, shall make arrangements to obtain the original approved plans ,from
G-l
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the Public Works & Engineering Office; After originals have "as built" information
incorporated, they shall be stamped and signed on the cover sheet by a registered
Professional Engineer and returned to the Project Inspector for final processing. The
Project Inspector shall sign the as-builts and place them in the permanent record files,
There will be no separate payment unless otherwise shown.
CASINGS:
All steel casings being installed across any roadway and/or right-of-way shall have
the joints continuously welded to obtain a watertight seal, The Contractor shall notify
the Engineer when welds are ready for inspection. Welded casings backfilled without
the Engineer's approval shall be uncovered for inspection at the Engineer's request.
COMP ACTION:
, .
All compaction shall be as defined in the current edition of Georgia department bf:i,~"
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
'concijtion, 'and competent operators. '
The backfilling of pipe and other minor structures shall be in accordance with
Georgia Department of Transportation Standard specifications, Current Edition.
Backfilling with, sand using jetting and/or flooding will not be allowed in any case
without the written permission of the Engineer.
NOTE: When sand and jetting/flooding method is used the warranty for the backfilled
are~ is extended from 12 months to 24 months. A plan fqr the jetting/flooding shall be
,submitted at the PreConstruction Conference.
CONCRETE:
The Contractor shall have a slump cone on the project at all times when concrete is
being placed. He shall, in the Engineer's presence, perform shimp 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 of611 lbs. Cement per cubic yard.. Class '~B"
concrete shall have a minimum of 470 lbs. Cement per cubic yard. Concrete not
meeting these requirements will be rejected by the Engineer.
NOTE: No concrete shall be placed until all required equipment such as slump cone,
curing compound and dispensor, etc., all in good working condition, are on the site.
Inspectors must be given a minimum one-hour advance notice. No concrete shall be
"
G-2
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plaoed without the Inspector present Wiiess 6tlletWis~ directed by the Engineer. All
concrete shall be placed during the Inspectors normal working hours, 8:30 a.m. to
~:OO p.m. unless otherwise directed by the Engineer. Formed surfaces shall receive
fiiiish immediately after removing forms. Forms shall be removed ,as provided in
Section 500 of GA.DOT Specifications,
CONSTRUCTION:
Transition ties of proposed curb and gutter to existing curbs (va,lley gutter, granite
curb, header curb, etc,) shall be paid for in the unit price bid for curb and gutter unless
otherwise noted.
At locations where new pavement is to be placed adjacent to existing paveinent, ,
without an overlay, or where curbing is to be placed across paved parking lots, ajoint
, shall be sawed on a line to ensure pavement removal to be neat. Only those joints "
sawed in'concretepavement will be paid for under the pay item-Sawed Joints. . . per :~,\
Linear Foot.
Where curb and gutter is used and the shoulder elevations are higher than adjacent
ground, the actUal direction of drainage runoff shall be determined by the Contractor.
He shall make such provisions as necessary to ensure that no ponding is c~used by the
, new construc,tion. He may place additional fill to provide drain inlets. Compensation
will be under the price bid for the appropriate pay item. Driveway profiles ma~ also
be altered allowing the concrete pad to slope down outside the back of the curb line
not to exceed an algebraic difference of 0.07. This should be used primarily on the
high side of super-elevated curves. The Contractor should Use caution with standard'
variance and place special emphasis on hydraulic considerations.
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The Contractor' shall provide borrow and/or' waste pits for this project. All, pits
acquired for use on this project shali be reclaimed in accordance with Subsection
107.23 and Section 160 of the Standard Specifications and page PPA-l of this
document. '
All storm drain pipe, side dra41 pipe, pipe culvert wing-walls, steps, retaining walls,
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curbs and gutters, headwalls, all types of pavement, wooden structures, except those
specifically shown as aremoval pay item will be removed as Clearing and Grubbing,
Grading Complete, Grading Per Mile or Lump Sum,Construction.
Cut and fill slopes outside of clear zones may be adjusted on construction where
necessary to remain within the right of way. '
Curb cut ramps in ,accordance with Standard 9031-Ware to be used at all street
intersections on this proj ect.
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Asphalt milling where specified fot us~ ori existing pavement that is to be resurfaced
adj acent to curb and gutter. Finished surface on asphalt pavement shall not exceed
W' above the gutter line as shown on Georgia Stand8.rd 9031-J.
-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 W. R. Toole
Engineers, 722-4114.
CONSTRUCTION SCHEDULE:
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The Contractor shall prepare a schedule identifying the' primary construction activities
and/or phases ~or constructing this project. ' This schedule shall be presented at the
Pre-Construction Conference, When significant events occur that impacts the,
schedule a revised construction schedule shall be submitted.
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 ms/her designated representative.
EROSION AND SEDIMENT CONTROL:
The Contractor shall be responsible for all soil erosion and sediment control practices,
All on-site erosion control shall comply with local Augusta Richmond County
erosion and sediment control ordinances. The cost of this work shall be included in
the cost of Lump sum Construction unless shown as a separate pay item.
EXCESS MATERIAL:
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All excess materi'al is to be disposed of as directed by the Engineer or as noted in
Subsection 107.23 of the Specifications and in accordance with page PP A-I.
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FENCE:
All new fences called for on the plans and/or contract documents shall meet the
requirements of Section 643 of the Georgia Department of Transportation Standard
Specifications, current edition. New fence not meeting these Specs will be rejected.
In contracts where remove and reset fence items are involved (either as pay items or
as Lump Sum Construction) all replacement fence shall be equal to or better than the
eXisting fence as approved by the Engineer. This means equal to 'or better than the
original fence at the time of its installation.
In accordance With Subsection 643,03D, the Contractor must furnish positive locking
devices, padlocks and keys with all gate assemblies, '
FINISHING AND DRESSING: '~,
All unpaved and natural areas which are disturbed by the construction of this project
are to be returned to the pre-existing shape and slope and then finished and dressed.
No separate payment will ,be made for grassing, fertilizing and mulching of disturbed
areas, unless specifically shown as a pay item. '
FLAGGING:
Flaggers shall be provided as required to hindle traffic, as specified in the Plans or
Special Provisions, and as required by the Engineer. '
All Flag'gers shall meet the requirement of part 6F of the MUTeD arid must have
received training and a certificate upon completion of the training from a Department
approved training program, Failure to provide- certified Flaggers as required above
shall be reason for the Engineer suspending work involving the Flagger(s) until the
Contractor provides the certified Flagger(s).
Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest,
shirt, or jacket, and shall use a Stop/slow paddle meeting the requil-ements of Sectio'n
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 flaggiIig operation
in accordance with the MUTCD. 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.
FOUNDATION BACKFILL MATERlAL, TYPE I:
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Foundation Backfill Materiai Type I shaii coDform to Georgia Standard 1030-D and
Section 207 of the Standard Specifications, No separate payment will be made for
this material or its placement. '
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FOUNDATION BACKFILL MATERIAL, TYPE II:
Foundation Backfill Material, Type'n 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 rg.ay 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 :Pel" Mile) or Section
230 (Lump Sum Construction), the Lump Sum. amount bid will include all work
necessary to obtain the line, grade and compaction in accordance with the
Specifications and other contract documents'. There will be no separate payment for' .
any work of this nature including borrow and the removal of unsuitable andlor
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 thorougWy investigated
project conditions prior to entering his bid. Only those quantities in excess of three
(3) below finished sub grade 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 '
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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. ,
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'All slope areas are to be grassed,uliie~s s116Wll otherwise on plans. Temporary grass
is required ifpermanent grass season is out.
The Contractor shall be responsible for all soil erosion and sediment control
measures, . Allan-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 distuibed by the construction of tms 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.
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 tllls work.
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Where, item number 700-6001 is shown as a payitein, Georgia Department of
Transportation specifications are modified to provide that the lump sum price bid
shall be full payment for all fertilizer, lime and nitrogen. No separate measurement
for payment will be made for any work or materials required to accomplish a stand of
pernianent grass. ' I '
If a satisfactory stand of permanent grass has not been obtained prior to the Final
Inspection the contractor shall begin watering and continue watering until a
permanent stand ,of grass is accepted by the Engineer, Water sources shall public,
streams and/or farm, ponds if Augusta Richmond County watering, restrictions '
prohibit other sources. If for 'any reason watering is not a viable option. the contractor
shall treat all unaccepted areas with loose sod as described in Subsection 700.08A and
700.08C. There will be no additional pay for this work. ,
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INFESTATION:
The entire project is considered to be within the limits of an insect infested area. The
contractor's attention is called to the following sections of the Standard
Specifications: (A) 155 Insect control (B) 893 MiscellaneoUs Planting Materials.
INSPECTIONS:
This project will be inspected by the Engineer or his Representative.
LANDSCAPING:
All the requirements of Section 702, of the Georgia Department of Transportation
Specifications, current edition, are applicable to this projeCt except as follows: there
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will be no separate pay for staking, including Perimeter' Staking and for Spring
Application, of Fertilizer. All costi ~1iRil pe included in prices bid for Landscape
Items,
Bag grown plants are not acceptable.
LUMP SUM CONSTRUCTION:
The Contractor shall provide breakdowns on all components that make up Lump Sum
Construction. The breakdown shall provide the unit price assigned to each
component. Forms designed specifically for these breakdowns
MAILBOXES:
EXisting mailboxes that are in conf1j.ct with the proposed construction shall be
removed and relocated. Where feasible the existing mailboxes and supports
may be utilized as approvedby the Engineer so long as the supports are of metal
PIPE with a maXimum diameter of two(2) inches or woo~ with a maximum
diameter of four(4) inches.
Note: There shall be no supports of any material other than the two mentioned
above. All existing mailboxes and supports containing brick, masonry of any type,
metal, etc. shallbe disassembled and all components, not meeting the above
reqUirements, shall be removed from the project and disposed in a proper manner,
When not shown as a pay item~ paynient shall be included in the price bid for Lump
Sum Construction and itemized as such.
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:MISCELLANEOUS DRAINAGE STRUCTURES:
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All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes,
('Junction Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or
special design shall be paid for Per Each, There will be no..-separate payment for
additional depth unless specifically shown as a pay item.
NOTE: All Catch Basins, Drop Inlets, manholes, exposed 'Junction Boxes, etc., with
concrete topslabs shall include manhole rings and covers. ' The Contractor shall install
the manhole rings and covers such that the steps can be easily accessed.
NORMAL WORKING HOURS:
The normal working hours for ARC Inspectors are from 8:30 AM to 5:00 PM,
When the contractor elects to work outside these hours he shall be billed for the
Inspectors salary plus benefits unless' such work is initiated by the Owner. The ,
contractor may utilize a certified testing company in lieu ofthe ARC Inspector when
approved by the Engineer. Payment for the contractor's testing company will be the
responsibility ofthe contractor; (See article below on TESTING.
PATCHING AND REPAIR OF MlNOR DEFECTS:
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Where needed, the contractor is required to patch and repair existing potholes, minor
pavement defects and base failures in accordance with the Specifications.
P A VEJvfENT CUTS:
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All pavement cuts shall be sawed with a neat vertical edge, regardless of material,
consistently straight enough that a roller can follow the edge precisely to achieve the
desired compaction. Irregular edges will not be accepted. Payment shall be included,
in the price oft4e pipe.
PAYIvfENT FOR PIPE CULVERT INSTALLATION:
1.
Payment for pipe culvert or utility installation includes sawing and/or cutting
and removing existiilg pavement and replacmg the pavement as specified in:~':':
accordance with Standard 1401. '
Payment for pipe culvert includes plugging existing pipe with Class "A" or "B"
concrete (See Georgia Standard 9031-L). '
Payment for pipe culvert includes any required Concrete collars (See Georgia
Standard 9031-U),
All concrete storm drain and longitudinal pipe shall include O-ring gaskets.
2.
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4.
PIPE CULVERTS:
Unless otherwise noted, all storm drain, longitudinal and stub pipes, are to be,
reinforced concrete. All required pipe culverts shall be iIi accordaIice with Standard
1030-D.
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-:0, 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 sidewalk, curbing, etc" and replacing same as specified
in accordance with Standard 1401. Payment for pipe culvert inc1udesplugging
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:
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Precast Concrete Units, other than those specifically allowed by Georgia Department
of Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc.,
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shall not be installed without Written pefmission from the Engineer. Any such units
installed without such written permission shall be removed from the project.
RELOCATED WATER 11ETERS:
Relocated water meters and water meter boxes may not be placed in the sidewalk.
'REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD:
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It shall be the contractor's responsibility to remove 'and reset any and all existing
ornamental shrubs and bushes and sod in conflict with proposed construction.
Coordination with the property owners is essential in this endeavor. The contractor
will not be held responsible for care and maintenance after removing and resetting
these plants and sod except in cases where the Contractor's equipment causes 'r.:,
irreparable damage or where plants and/or sod d.ies as the result of negligence on the
Contractor's part. In which cases, the Contractor will be held responsible for
replacement. Sod, shall be reset with ground preparation in accordance with
Subsection 700.0S.A. No add.itional soil or fertilizer is required for resetting sod.
The Contractor shall remove the sod in a manner that will be conducive to insuring
that the reset sod will live. At the contractor's option, he may replace any sod he
removes with new sod of the same type. No separate' payment Will be made for this
work or replacements unless specifically shown as a pay item. '
, REMOVING AND RESETTING OF OBSTRUCTIONS:
It shall be the Contractor's responsibility to remove and reset any andall obstructioils,
such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete
entrance coluinns, 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. '
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" 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 pennission 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
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recorded by the Engineer. Such agreements must be submitted pnor to the
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contractor's use of the property,
All buildings located on newly acquired RJW and/or easements shall be relocated by
the Contractor. Such buildings on existing R/W and/or Easements shall be removed
by the owner or will become the property of the Contractor.
,SALVAGEABLE MATERIALS:
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 existing conditions, saw cuts shall be used as required by, Augusta-
Richmond County. Only saw cuts in Portland Cement Concrete which are shown as
contract pay items will be paid for separately. No saw cuts in asphaltic concrete will
b,e paid for separately. Unless specifically noted this does not apply to pip~ trenches.
'SHOULDER WORK:
All necessary cleaning of the existing pavement, including clipping of shoulders,
required prior to resurfacing shall be the responsibility of the Contractor, The
material displaced shall be removed, lowered or spread over the shoulder to an
elevation and slope which will provide adequate drainage, The cost of such work
shall be included in the prices bid for other items.
SOD:
Sod will not be paid for separately when used to match or replace sod on adjacent
,lawns as replacement in kind. See GDOT specifications, subsection 700.04.E.
SPECIAL EVENTS:
When SpeCial Events occur, such as the Augusta Masters Golf Tournament, all work'
shall be safed up, shut down and maintained until the Engineer okays the resumption
of work No project is exempt without the expressed approval of the Engineer. If
these type work stoppages impose a hardship, contract time wise, cOIisideration will
be given to extending the, contract time in' an amount commensurate with the delay
caused by such work stoppages provided the Contractor has otherwise pursued the
work diligently,
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SPECIFICATIONS, STANDARDS .ANJj OTHER DAtA:
All references in this document, (includes all papers, writings, documents, drawings,
or photographs used, or to be used, in connection with this document), to State
Highway of Georgia, State Highway Department, Highway Department! or
Department when the context thereof means the Georgia Department of
Transportation means, and shall be deemed to mean, Augusta-Richmond County,
Augusta-Richmond County Commission-Council Department of Engineering
Services.
The data, together with all other information shown on these plans, or indicated in
any way thereby, whether by drawings or notes or in any other matter, are based upon
field investigations and are believed to be indicative of actual conditions. However,
the same, are shown as information only, are not-guaranteed, and do not bind Augusta-
Richmond County, Georgia in any way. ,Only the actual quantities completed and
accepted will be paid ,for. The attention of the bidder is specifically directed to
Subsections 102.04, 102,05" and 104.03, of the Standard Specifications, 'of the
Georgia Department of Transportation, current edition, which will be part of this
contract.
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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
spec~fications 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.
SPENDOUT SCHEDULE:
A Spendout Schedule beginning with the Notice To Proceed and extending \
through the anticipated construction life of the proj ect, shall be submitted ,at the
'Preconstruction Conference. Such, schedule shall include the anticipated
earnings on a monthly basis.
STORAGE BUILDINGS:
The existing sheds and/or buildings shown to be relocated will be relocated by the'
contractor or reconstructed as required outside of the easement as rioted on the plans.
Unless otherwise specified, the costs associated with this shall be included in Bid
Item 230:- 1 000 Lump' Sum Construction and described in the itemization of Lump'
Sum Construction.
STORM DRAIN PIPE:
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Unless otherwise noted, ali stofiri cifaln, loiigitudinal and stub pIpe are to be
reinforced concrete and shall include O-ring gaskets.
SUBCONTRACTORS :
The Contractor shall furnish the official name, plus the name and telephone number
of the 24 hour emergency contact of all :firms he proposes to use as Subcontractors in
the work. This information is to be furnished at the PrecoIistruction Conference.
However, no work shall be done on this project by a Subcontractor until the
Contractor receives approval ofms Subcontractor(s) from the Engineer.
'NOTE: All submissions shall include the following information for each'
'Subcontractor:
1) Name of Subcontracting Firm
2) Description of Work To Be bone 'r~\
3) Contact Person's Name and 24 Hour Phone N1lIDber
SUPERELEV ATION:
All horizontal circular curves are to be superelevated in accordance with Georgia
Standard 9028-C as directed by the Engineer,
TESTING OF THE WORK:'
The Contractor shall employ a qualified materials testing laboratory to monitor more
fully the quality of materials and work and to perform such tests as'may be required
under the contract documents as conditions for acceptance of materials and work
THE ENGlNEER MAY ORDER TESTING AT ANY TTh1E HE DEEMS PROPER
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TO CONTROL THE QUALITY OF THE WORK.
All test results are to be submitted to the Engineer, No separate payment will be
made for employing the testing laboratory or any required tests. '
TEST ROLLING:
Prior to placing any base course, the sub grade shall be test rolled <m six feet centers
using a loaded dump truck or other equipment approved by the Engineer.
TRAFFIC CONTROL:
The Contractor shall provide construction signs in accordance with requirements of
"Manual on Uniform Traffic Control Devices for Streets and Highways", current
edition with added supplements and special provisions"
The attention of the Contractor is specifically directed to Subsection 107.09 of the
Standard Specifications regarding barricades, danger, warning, and detour signs~
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All temporary signs, barricades, flashing iighis, striping and any other traffic control
devices required during construction of this proj ect shall meet all requirements of the
M.U,T,C.D., cutrent edition, as directed by the Engineer and be :furi:llshed by the
Contractor with payment in acc9rdance 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 tirrles unless approved
otherwise by the Engineer. As a minimum, the Contractor must comply with the
Manual on Uniform Traffic Control Devices, current edition and Georgia Standard
9102.
The Contractor shall provide all temporary traffic control devices needed to safely
direct traffic through the construction aiea,.,
All temporary traffic control devices are to be placed in accordance with Georgia
, Department of Transportation Standards and Specifications.
TRAFFIC DETOURS:
Where detours are required and in accordance with Section 150 of the Standard
Specifications and any Supplemen~sthereto, the Contractor shall file for approval a
detour plan of operation for this project. This plan shall include details of staging and
rerouting of traffic including estimated length of time for use of the detours.
The Contractor shall so conduc.t his operations that there will be a minimum of ,
interference with, or interruption of, traffic upon and along the roadway. Tbis applies '
to the initial installation and thle 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 bevices, current edition and Georgia Standard
9102. '
. UNIFORMED POLICE OFFICERS:
When shoWn as a pay item Uniformed Off-Duty Police Officers shall be used as
directed by the Engineer, The bid prige shall be $15.00/hour.
UTILITIES:
All utility facilities except those owned by Augusta Utilities Department which are in
conflict with construction, not covered as specified items in the detailed estimate, are
to be removed and relocated to clear construction by the respective owners' with the
exception of Augusta Utilities and Augusta Traffic Engineering Unless added later to
the contract as a supplemental item. All "above ground" utility structures will be,
located as near as possible to the right-of-way line. '
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The Contractor will not be paid for any deiays or extra expense' caused by utility
facilities obstructions or any other items not being removed or relocated 'to clear
construction in advance of his work.
All known utility facilities are shown schematically on the plans, and not necessarily
accurate in location as to plan or elevation. Utility facilities such as service lines or
unknown facilities not shown on the plans will not relieve the Contractor of his '
responsibility under this requirement except as noted below. "Existing Utility
Facilitie~" means any utility facility that exists on the highway project in its' origiD.al~
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.
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The Contractor shall use the one-call ce:q.ter telephone number 1-800-282-7411 for
the purposes of coordinating the marking of underground utilities,
The Contractor's attention is directed to the probability of encountering private utility
installations consisting of sanitary sewers, water, sprinkler systems, ornamental light
systems, gas and underground telephone cables that either are obstructions to the
execution of the work and, need to be moved out of the way or, if not, must be
properly protected during construction. No separate payment will be made for this
work. Public utilities of this nature except Augusta Utilities and Augusta Traffic
Engineering will be handled by the utility owner. ,
THE FOLLOWING UTILITY CO:MP ANTES SHALL BE NOTIFIED BEFORE WORK
BEGINS:
Georgia Power Company
4220 Evans To Lock Rd.
Evans, Georgia 30809
Telephone (706) 667-5633
Attention: David Wattwood
Atlanta, Gas Light Co
1840 Wylds Rd.
Augusta, Georgia 30913
Telephone (706) 481-1452
Attention: Carl Corley
Bell South
3841 Wrightsboro Road
Augusta, Georgia 30909
Telephone (706) 860-8582
Attention: Calvin Hamby
Jefferson Energy Cooperative
P. 0, Box 457
Wrens, GA 30833
Telephone (706) 547-2167
Attention: Roy Chambers
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Comcast
P. 0, Box 3579
Augusta, Georgia 30904
Telephone (706) 739-1865
Attention: Kevin O'Meara
AugUsta Utilities
360 Bay Street, Suite 180
Augusta, Georgia 30901
Telephone (706) 312-4132
Attention: Max Hicks
AT&T
937 Greene St.
Augusta, Georgia 30901
Telephone 706-836-2240
Attention: ,Bill Wadley
Knology
3714 Wheeler Road
Augusta, GA 30909
Telephone (706) 294-2975
Attention: Patrick Casey ,
KMC
Telephone: ,
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ATTENTION DENNIS NORVIEL
UTILITY ACCOM:MODATION POLICY:
, In so far 'as possible, work shall be scheduled so that open excavations will not be left
overnight. Where trenches, pits or other excavations are within the clear roadside
areas and cannot be backfilled, before leaving the job site, they shall be covered by
timbers or metal plates and protected by reflectorized and/or lighted barricades as
appropriate and as directed by the Engineer. Barricades sufficient to prevent a person
from falling into an excavated or work area must be erected in areas where these
conditions exist.
VERTICAL GRADES:
No existing or design grades are provided on this project. It is the Contractor's
responsibility to provide his own grades ifhe so desires.
WARRANTY:
Unless otherwise specified, all contract work is subject to a l2~month warranty. The
12-month warranty is hereby modified to include the following: Any repairs,
corrections or modifications performed within the last six months of the original 12-
month warranty shall have the original 12-month warranty extended 180 calendar
days past the date of such repairs, corrections or modifications.
G-16
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STATE OF GEORGIA
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SPECIAL PROVISION
SECTION 150- TRAFFIC CONTROL
, August 28, 1995
First Use: October 20,1995
Modification of Special Provision
Section 150 - Traffic Control (Rev, June 21, ~994)
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 mounted 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-Lan,e Highway ,
Traffic Control General Notes, Standard Legend, Miscellaneous Details
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In addition, G20-1, G20-2.A, 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. '
150.02 WORK ZONES: Delete "Work Zon~s" and substitute: Temporary Traffic Control Zones.
150.02. 8.2,: Delete last sentence and substitute: Channelization device spacing shall,be 10 feet for 200
feet in advance of the temporary gore, and 10 feet for the first 100 feet of the temporary gore.
150.03. F.1. MATERIALS - INTERIM SIGNS: Retain as written and'add second paragraph.
Posts for all interim signs shall,pe 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 ground line
to lessen the possibility of affectIDg 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 waming signs which are mounted at less than seven (eet 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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STATE OF GEORGIA
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150.04,E.2.a.2~: Retain as written and add: In l.ane shift areas skip lines are not allowed. Solid line's are
required,
150.04. E.2.b.1.: Retain as written and add: In lane shift areas skip lines are not allowed, Solid Imes are
required.
150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute Type
11 (eleven).
150;10 PAYMENT: Item No. 641 - Delete reference to Type 9 and substitute Type 11 (eleven).
SPECIAL PROVISION
SECTION 15(}-T,RAFFIC CONTROL
June 22, 1994
First Use: July 24, 1994
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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 De.tails shall conform to Part VI of the MUTCD,- Revision 3, dated
September 3, 1993. '
Detail "A" as shown on Georgia Standard 4960 is deleted.
SPECIAL PROVISION
, SECTION 15(}- TRAFFIC CONTROL
Rev. June 21, 1994
First Use: July 24, 1994
, Rev.: August 16, 1994
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Modification of the Standard Specifications, Current Edition
Delete Section 150 as written and substitute the (allowing: .
150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, andMUTCD 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
control devices and shall include flagging and other means for guidance and protection ofvehicU1ar and
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STATE OF GEORGIA..
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pedestrian traffic through the Work Zone. This, Wbrk shall illclude both maintaining existing devices
(excluding Traffic Signals) and installillg additional devices as necessary ill construction work zones.
When any provisions of this Specification or the Plaris do not meet the minimum requirements of the
Manual on Uniform Traffic Control Devices (MU';I'CD), 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
(WTCS) who shall be responsiqle for selecting, illstalling and maintaining all traffic, control devices
ill accordance with the Plans, Specifications, Special Provisions arid 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 ill administering the Traffic Control Plan. The WTCS shall have appropriate training ,in
safe traffic control practices in accordance With Part VI of the MUTCD, In addition to the WTCS all
others making decisions regarding traffic control must meet the training requirement.S 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. '
'TIle 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 aU personnel, materials and equipment necessarJ to respond effectively to an emergency
, situation withill 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 WTQS. The WTCS shall
reguhirly 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 uWized
in the MUTCD, and shall comply with the requirements of these Specifications, Project Plans, and
Special Provisions. Reference is tnade 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 passage of vehicular and pedestrian traffic
before it is placed in operation. The proposed plan of operation should supplemimt the approved
traffic control plan. Any major changes to the approved traffic control plan, proposed by the '
. Contractor, are tabe submitted to the Department for approval in accordance With Subsection 104,03
of the Standard Specifications. .
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STATE OF GEORGIA .
Som,e additi~nal traffic control details Will be tequir~a prior to any major shifts of traffic. J'he tiaffic '
control details shall include.. but not be limited to, the following:
1. A detailed drawing showing traffic location andlaneage for each step of the change.
2. The location, size, and message of all signs required by the MUTeD', 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.
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4. Type, location, and extent of new lines and markings.
5. Horizontal and vertical aligninent 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.
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7. Location, length, and/or spacing of channelization and protective devices (temporary barrier,:~\',
guardrail, barricades" ete,) .
8. -Starting time, duration and date ofplaIined 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 '
desii;nated starting ,time. The Engineer and the Contractor's representative will verify that all
conditions have been met prior to the Contractor obtaining materials fot the actual traffic shift. '
F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be
maintaine,d in accordance with Subsection 104.05 throughout the construction period. All
unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic
control devices shall be removed, placed or covered so as not to be visible to traffic, Iftraffic control
devices are left in placefor more than ten days after completion of the Work, the Department shall
have the right to remove such devices, claim possession thereof, and deduct the cost of such removal
from any monies due~or which may become due, the Contractor.
G, The Department reserves the right to restrict construction operations when, in the opinion of the
Engineer, the continuance of the Work would seriously hinder traffic flow on days immediately before,
'on, or after holidays or other days in which unusual traffic conditions exist, including threatening or
inclement weather.
150.02 WORK ZONES:
A In addition to the other provisions contained herein, work zo~e 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 ofthe
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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STATE OF GEORGIA
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wide with not l~ss than 15 lamps used for ffi~ [rtow: 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 surmy 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 MUTCD. 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 MUTCD.
4. Channelization devices meeting the standards of the MUTCD 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. ,
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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 shan have chanrielization 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 cll:)sure
shall be a maximum of 150 feet.
4. To provide the greatest possible convenience to the public in accordanc~ 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:
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1. PACrnG OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the
Contractor up to ten (10) ,minutes maximuni to work in or above all lanes of traffic for the
following purposes:
a. Placing bridge members or other bridge .work.
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b. Placing overhead sign structures.
C. Other work items requiring interruption of traffic.
The Contractor shall provide a unifonned police officer with patrol vehicle and blue flashing light for
each direction of pacing. '.tne police officer, Erigineer, and flaggers at ramps shall be provided with a
radio which will provide continuous contact with the' Contractor.
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STATE OF GEORGIA
When ready to start the work activity, the pC;iic~ 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...Any on-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 fu extreme cases a.s 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 Contr:actor shall erect and cover a W-special sign (72 inch x 72
inch) with a Type "B" flashing light, with the legend "TRAFFICSLOWED 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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STATE OF GEORGIA
T~ ~. F'LlSHllIC LICHT ON TlUrF'IC SID(
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DETAIL 150-A
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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 dir~ction 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. Existing street lighting shall remain lighted as long as practical and until removal is approved by the
Engineer, .
G. Adequate temporary lighting shall be provided at all nighttime work sites where workers will be
immediately 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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STATE OF GEORGIA
1. The parking of Contractor's andlor workers persorial vehicles within the work area or adjacent to
traffic is prohibited.
J. The Worksite Traffic Control Supervisor CWTCS) 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 alocation, in so far as practical, where,they
will not be subject to a vehicle running otTthe road and striking them.
K.. All existing pedestrian walkways shall be maintained. Whenever changes to theworksite necessitate
changes to existing walkways, temporary walkways shall be provided and maintained; with
appropriate signs as necessary, to allow safe passage of pe.destrian traffic.
150.03 SIGNS:
A. When required for proper tIaffic 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 l.ightedand 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 beacc'omplished utilizing temporary construction warning signs that shall be
removed daily. '
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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 mairitained by the Contractor in accordance with the MUTCD, the Plans, Special
Provisions, or as directedby the Engineer. These signs shall remain the propeTtyofthe Contra,ctor,
The bottom of alhnterim 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 canl be made within existing sign borders using design
requirements (legend, letter size, spacing, border, etc.) equal to that 'of the existing signs, or of
, Subsection lSO.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 :ql.essage content (legend) that applies to a particular roadway location. When
an existing special guide sign is in conflict with work to be performed, the Contractor shall remove
the conflicting sign and reset it in a new, non-conflicting location whiCh has been approved by the
Engineer.
2. INTERIM SPECIAL GuIDE SIGNS: When it is not possible to utilize existing signs, either in
place or relocated, t1)e 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 S,TRUCTURES: Interim overhead special guide sign
structures are not required to be lighted unless specifically required by the Plans. Iflighting 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 UI' TKAN~.PURTATIU.N
STATE OF GEORGIA
4. The installation of new permanent speCial guide signs and the permanent modification or
resetting of existing special guide signs, when in'cluded in the contract, 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 fre,eway (interstate) signs must be designed arid fabricated in compliance with
the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways"
and Part 2F "Guide Signs Freeways" of the 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.
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F. MATERIALS - INTERIM SIGNS:
1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green
or silver paint may be used in lieu of galvanization for steel posts or structural shape posts, Wood
posts are not required to be pressure treated,
2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 9120fthe
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, ete,) shall have :iletter 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,
Plywoodblariks or panels will not be pemiitted. ' '
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 Pari Vl of the
MUTCD and shall include a series of at least three advance road construction (W20-1) signs placed,
at the termiIii of the project. The series shall have th~ 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 mOlll1ted on each including the project construction signs (G20-1 and G20-2.AJ Project
mileage indicated on the G20-1 sign shall be the actual project mileage rOlll1ded 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.) "
1. The sequential or flashing arrow panels shall be placed on the shoulder ator near the point where
the lane closing transition begins, The panels shall be mOlll1ted on a vehicle, trailer, or other suitable
support. Vehicle mounted panels shall be provided with remote controls. Minimum mounting height
shall be seven feet above the roadway to the bottom of the panel, except on vehicle mounted panels
which should be as high as practical, ' ,
J. The portable changeable message sign, when specified, shall be placed ahead of construction activities
, and shall meet the requirer:nents of Section 632 and the MUTCD.
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STATE OF GEORGIA,
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:I<. The flashing beacon assembly, when specified, s1:lall pe used in conjunction with construction warning
signs, regulatory, or guide signs to inform traffic of speCial road conditions which require additional
driver attention. The flashing beacon assembly shall be installed in accordance with the requirements
of Section 64-7, .
150.04 PAVEMENT MARKINGS
A, Generally, full pattern pavem~nt markings in acco~dance with Section 652 and in conformance with
Section 3A and 3B, except 3B-3 and 3B-5, of the MUTeD are required on all courses before the
roadway is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E, During
construction and maintenance activities on all highways open to traffic, ?oth existing markings and
inarkings 'applied under tbis 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 sequen~e the work in such a manner as to allow the installation of
markings in the fmallane configuration at the earliest possible stage.
Inappropriate or conflictirigexisting 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, selid 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 "H") will be allowed. Excessive build-up will not be permitted. When an
overlay forthe 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 liquid asphalt is not acceptable.
D, Raised pavement markers (RPMs) are required as listed below for all asphaltic concre~ pavements
before the roadway is open to traffic. When Portland Cement Concrete is an intermediate' or fInal
surface and is open to traffic, one calendar day is allowed for cleaning and drying before the
, installation of RPMs is required.
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1. On Interstate and limited access highwayi. ililder cohstru.ction; excluding projects consisting
primarily of aspHalt resurfacing items, retro-reflective raised pavement markers (RPMs) shall be
placed and/or maintained on intermediate pavement surfaces opened to traffic as folloW's:
a SUPPLEMENTING LANE LINES:
80 foot centers on skip lines with curvature less than three degrees. (Includes tangents.)
40 foot centers on solid lines and all lines with curvature between three degrees and six
degrees.
20 foot centers on curves over six degrees,
20 foot centers onlane transitions or shifts.
b. SUPPLEMENTING RAMP GORE LINES:
20 foot centers, two each, placedside by side,:~\: '
c. OTHER LINES:
A1; shown on the plans or directed by the Engineer. ' ,
2. On other highways under construction RPMs shall be used and/or maintained on intermediate
pavement surfaces as follows:
a SUPPLEMENTING LANE LINES AND SOLID LINES:
40 foot centers except on lane shifts, (Wben 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 lli2.t 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 ROAJJWAYS
a. SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes
shall be at least four feet long with a 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. In lane shift areas
skip lines will not be allowed, Solid Lines will be required. Interim skip lines will be
permitted for a period not to exceed 14 calendar days. Interim skip lines must be replaced
with markings in full compliance with Section 652 prior to expiration of the 14 calendar day
period.
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Interim raised pavement markers may H~ substituted for the interim skip (broken) stnpes,
If raised pavement markers are substituted for the four foot interim skip stripe, four markers
spaced at equal intervals over a fOUI 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 Dlarkers be attached by the use
of nails. '
The interim raised pavement markers must be maintained nntil 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 '!i:'
calendar days where skipcenterlines are in place, no-passing zones maybe 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
port.able mounted PASS WITH CARE regulatory sign (R4-124" x qO") 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 sigri and be secured in such a manner as to not be
easily blown over or misaligned. '
c, EDGELINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that
are in use for a period ofless than 60 calendar days except at bIidge 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).An 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, siopbars, 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 tlSe for more than 45 calendar days.
,2. MULTI-LANE HIGHWAYS ~ WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOUR FEET ORLESS
a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN TANE) ,
(1) Centerlines and No-Passing Barriet - Full pattern centerlines and no-passing barriers
shall be restored before nightfall.
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(2) Lanelines '. Interim skip (broken) strip~ as described in Subse~tion 150.04.E.1.a. may be'
used for periods not to exceed three calendar days.
(3) Edgelines . Edgelmes shall be placed on intermediate and finaJ. surfaces within three
calendar days of obliteration. '
b, DIVIDED HIGHWAYS (GRASS OR RAISED MEDIAN)
(1) Lanelines - Full pattern skip stripe shall be restored before nightfall.
(2) Centerline/Edgeline - 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 ~oted in (b) below.
,b. EDGELINES-
(1) Asphaltic Concrete Pavement. Edgelines shall be placed on intermediate and final
surfaces prior to opening to traffic.
(2) Portland Cement Concrete Pavement- Edgelines shall be placed on any surface open to
traffic no later than one calendar day after work is completed on a section of roadway. All.
water and residue shall be removed prior to daily striping,
F. APPLICATION OF PAVEMENT MARKINGS: The Contractor shall fumish layout, clean as
necessary, and preline the surface for the placement of pavement markings applied under this
Sectio'n, 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 tD construction, Existing No-Passing Zones shallbe 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 Engirieer.
G. MOBILE OPERATIONS: When pavement markings (centerlin~s, 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 off-system routes and one-way tI:affic applications. '
2. The work vehicle applying markings sh~l have a sequential or flashing arrow panel mounted on
the rear. lfthe work vehicle is also functioning as the lead vehicle then an approve,d 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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4. 'For multi-lane roadways a protection vehicle ~hall follow the above vehicles and the protection
vehicle shall also display a prominent sign with the legend pAss ON LEFT' (RIGHT). On
interstate and liniited aCGess roadways, the protection vehicle shall be equipped with a truck. ,
mounted attenuator (TMA) that is certified for iinpacts not less than 45 mph in accordance with
NCHRP 230. '
S, 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 travelway through the work zone and alert
drivers and pedestrians to conditio'ns created by work activities in or near the travel way,
Channelization shall be done in accordance with the plans and specifications, the MUTeD, and the
folloWing requirements.
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1. Types of Devices Permitted for Channelization in Construction Work Zones:
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a DRUMS:
(1) DESIGN: Drutns shall meet the miniinum requirement of the MUTCD and shall be
reflectorized as required in Subsection lS0.0l.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 liighwayswith posted speed of 45 mph or greater shall be equal
'to the lane width of lateral shift (Ft.) x the posted speed liinit (Mph), (L = WS), but not
less than lS0 feet, 'For multiple lane closures, only one lane may be closed per taper with
a miriiinum 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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lJHP ARTMENT U..I:' T..K.AN~tuKl'ATlU.N
STATE OF GEdRGrA.
(2) 100 FOOT SPACING MAXIMU:M:
(a) For difference in elevation of two inches or less.
(b) Flush areas where equipment or workers are'within ten feet of the travel lane.
(3) 200 FOOT SPACING MAxIMUM: Where equipment or workers, are more than
ten feet from travel lane. Lateral offset clearance to be fciur 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.
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b. VERTICAL PANELS:
(1) DESIGN: Jill vertical panels shall have a minimum of 270 square inches of retro-reflective
area,facing the traffic and shallmeet the requirements of the MUTeD.
(2) APPLICATION: Lane encroachment by the drum on thetravelway should permit a
remaining lane width often feet. When encroachment reduces the travelwayto 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 longitudin'al 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 reflectorlzed
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. WARNINGLIGHTS:
(1) DESIGN: All warning lights shall meet the requirements of the MUTeD.
(2) APPLICATI01>J:-,
(a) Type A low-intensity flashing lights shall be used' as shown in the Plans, the
StandarcLs, and as directed by the Engineer. Flashing lights are not required for advance
warning signs in Subsection 150.03,H. ' \
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STATE OF GEORGIA " '
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(b) Type C Steady-Burn lights shall be used on all tapers when tbe condition ex:istl into
the nighl Steady-burn lights shall also be used as shown in the Plans, the Standards, and
, as directed by the Engineer,
f. PORTABLE BARRIERS:
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(i) DESIGN: Portable Barriers shall meet the ~equirements of Section 62'2 - PRECAST
CONCRETE BARRIER.
(2) APPLICATION: 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 either 10" x 10" square Type V (or equal) reflective sheeting mounted pn flat-sheet panels,
or 8" diameter center-mounted sea1ed prismatic reflex reflectors hou.sedin an aluminum
backing with a single grommeted hole.
Approach end of Portable Barrier shall be flared or protected by an impact attenuatar (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. DESCRIPTI,ON: Th:is work consists of the furnishing, installation, m~tenance, relocation, reuse
as required, and removal of Temporary Sand Loaded Attenuator Modules for traffic impact
attenuatars.
2. MATERIAI...S: Materials used in the Attenuator shall meet the requirements of Subsection 648.02
for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules -
Stabilizer Drums with Wine Glass shaped Inner Containers.
3. CONSTRUCTION: Temporary Sand Loaded Attenuatar 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 AttenuatoT 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 the plans.
D. TEMPORARY GUARDRAIL ANCHORAGE -1)nJp.l~:
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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STATE OF GEORGIA
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2. MATERIALS: Materials used in the Temporary Guardrail Apchorage - 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 mate1;ials will require 'prior
approval of the Engineer.
3, CONSTRUCTION: Installation of the Temporary Guardrail Anchorage - Type 11 shall' confOml
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 adjacent
to a travelway 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 Detail 150-E.
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Channelization devices and placement during the construction period shall conform to the requirements, to,'
of Subsection 150.05 and Details 150-B, 150-C, 150-D, and 150-E shown herein.
In addition to the signs specified in Section 150 and the MUTeD, a W-20 sign with the legend "(LEFT)
(RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream
of the point where channelization devices are erected on the paving edge. '
A. STONE BASES, SOIL,AGGREGATE BASES, AND SOIL BASES: Drop-offs in elevation of more than
two inches between surfaces carrying, or adjacent to, traffic will not be allowed for mor.e 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 BASESIBINDERS: Drop-off's in elevation of more than two inches between surfaces
carrying or adjacentto traffic will not be allowed for more than 48 hours.
C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work
adjacent 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. D.llring the placement period, traffic control
devices will be m accordance with Subsection 150.05 and Detail 150-B.
D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRAVELWAY:Worksuch as
drainage structures, utility facilities, or any other workwhich results in a drop-off adjacent to the
travelway shall be performed expeditiously so as to minimize the exposure to the hazard. As soon as
, ,practical, the excavation shall be backfilled to the minimum requirements of De tail 1 50-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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STATE OF GEORGIA
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NOTE. Drums reQUIred for thIs
locatlon.sPaced at 50 F'T. Intervals.
If the traveled way wIdth '
Is reduced "to less thon
10 feet by, the use of drums.
vertIcal ponels snail be used
In neu of drums.
LocatIon of drums when
drop-off exceeds ~ Inches.
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1" NEW CONSTRUCTION ~(
TRAVEL LANE
~'
DROP-OFF GREATER THAN 4 INCHES
DETAIL 150-8
Drums spaced ot
50 feet Tntervols.
t
NEW CONSTRUCTION
LocatIon of drums when'
drop-off 152+ Inches to
~Inches.
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TRAVEL LANE
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DROP-OFF OF 2 + INCHES TO 4 INCHES
DET AIL 150-C
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STATE OF GEORGIA
Drums spoced at
100 feet Intervola.
Locotlon of drt.nl5 when
drop-off Is Z Inches or les$.
~ft :..1- ______~.'
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+ ,-'f
t NEW CONSTRUCTION TRAVEL LANE' b' ~;,
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DROP-OFF OF 2 INCHES OR LESS ' '
DET AIL 150-D
Locetlon of drums Immedlately
ofter completJon, of heeled sectIon.
spoced 01', 50 ft. Intervols.
Compacted Qroded
OQQreQete.subbese
moterlelor dlrt.
TOP OF DRUM TO BE LEVEL
NO STEEPER THAN 4:1 2 ft. +1-
~ ----~----~\
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<( t NEW CONSTRUCTION + TRAVEL' 'LANE 1r--+
HEALED SECTION
DET AIL ISO-E
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STATE OF GEORGIA
150,07 FLAGGING AND PILOT CARS:
A F1aggers 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 Depa.rtnlent approved ,training program. Failure
to provide certified flaggers as required above shall be reason for the Engineersuspending work
involving the flagger(s) until the Contractor provides the certifiedflagger(s). '
C. F1aggers shall wear high-visibility clothing in compliance with the MUTeD and shall use a Stop/Slow
paddle meeting the requirements of the MUTCD for controlling traffic. The Stop/Slow paddles shall
have a shaft length of seven (7) feet minimum. 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 control shaJl be placed in advance of the flagging operation in accordance with
th~ MUTeD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of
the prese:nce 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 temporary
traffic control zone, while mini.ri1izing confusion and disruption to traffic flow, shall have priority over all
other Contractor activities. Continued failure of the Contractor to comply with the requirements of Section
150 (TRAFFIC CONTROL) will result in non-refundable deductions of monies from the Contract as shown
in this Subsection for non-performance of Work.
Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending
all other work on the Project, except erosion control and traffic control, taking corrective action as
specified in Subsection 105,15, and/or withholding payment of monies due 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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81' ATE OF GEORGIA
,
SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF
TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE
r ORIGINAL TOTAL CONTRACT AMOUNT I I
From More Than To and Including' Daily Char2'e
$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
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150.09 MEASUREMENT:
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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 Constmction Report is submitted, a payment of 25 (twenty-five) percent of the
LUmp Sum price will be made. For each progress payment thereafter, the tota] of the Project
percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid. Gess
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 160 and the Traffic Control Plan shall be in full force and effect. The cost of
complying witb 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 otber regulatory, warning, and guide signs, as required by the Contract, will be paid
for under Traffic Control Lump.Bum 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 re~oval from the Project. Payment will be made only one time regardless of the number
of moves required.
2. Remove and reset existing specIal guide signs, ground mount or overhead, complete, in place,will
be measured for payment per each. Payment will be made only one time regardless of the number
of moves required. .
3. Modify special guide signs, ground mount or overhead, will be measured for payment by the
square foot. The area-measured shall include only that portion of the sign modified. Payment shalf
. include materials, removal from posts or supports when necessary, and remounting as required.
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STATE OF GEORGIA
C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Sectio'n 622.
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured
as specified in Section 632.
E. TEMPORARY GUARDRAIL ANCHORAGE, Type Ii: 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 cOImection to Temporary Concrete Barrier. Payinent shall include all necessary materials,
equipment, labor, site preparation, maintenance and removal:
F. TRAFFIC SIGNAL INSTALIATION - 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 ATTENUATOR MODULES: Each Sand Loaded Attenuator Module:~\
of the type specified includes all material components,hatdware, 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.
1. PORTABLE IMPACT ATrENUATORS: Each Portable ImpactAttenuatorwiIl be measured by the .
unit which shall include all material components, hardware, inci!ientals, labor, site preparation, and .
maintenance, including spare parts recommended by the manufacture for repairing ri:linor accident
damage. Each tmit will be measured only once regardless of the number oflocations installed, moves
required, or number of repairs necessary because of traffic damage. Upon completion ofthe 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, Soli.d Traffic Stripe _ Inch, (Color). . . .. . . . . . . . . per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Color) ............. ~ per Line~ 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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STATE OF GEORGIA
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Remove & Reset Existing Special Guide Signs,
Ground Mount, Complete in Place. .. :. . ... '" .. . . . . . .. . . . . . .. " . .. per Each
Remove & Reset, Existing Special Guide Signs, ,
, Overhead,Complete in Place ..................................... PeT Each
Traffic Control, Temporary Sand Loaded Attenuator Modules ............ per Each
Traffic Control, Portable Impact AttenuatoT . . . . . . . . . . . . .. . . . . . . . . . . '. . .. PeT Each
Traffic Control, Pavement Markers, Words and Symbols. . . . . . . . . " per Square Foot
Traffic Control, Pavement Arrow (Painted) With Raised Reflectors ........ per Each
Modify Special Guide Sign, Ground Mount. . . . . . . . . . . . . . . . . . . . . .. per Square Foot
Modify Special Guide Sign, Overhead ... . . . . . . . . . . . . . . . . . . . . . . .. per Square Foot
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Precast Concrete Median B~er . . . . . . . . . . . . . . . . . '. . . .. . . . . . . . . . . per Lin,ear 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. . : . . ; . . . . . . . . . .. . . . . :. . . .. peT Each
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