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Home My WebLink AboutResurfacing Various Roads Phase VIII Augusta Richmond GA DOCUMENT NAME: ,<eS_"t~L\"S -J6.'(\C0S '(cx:x)~ \X'O~ \.j" \ DOCUMENTTYPE:~~ YEAR: ~ BOX NUMBER: \. ~ FILE NUMBER: \lJ21s~ \ NUMBER OF PAGES: \~ ,...-- I ~ ;j2, T-~ ~~7 I I I I I I I I I IIII . . I ' I I ~ I' ,I I 'Ill I ,I . ... Ii ..,11 I Ii I ~ I IJ I I I I I I I ~ I I I . I i II ___ ....--..-- ___v- .....,_ L " ..,.--...... -. --~~_-.........~........._- .._~-~-.--~-- l-c::: - --- ---- I -. \ - -.. ~ ." .- Bid Item 03-104 $100 JO Resurfacing Various Rds Phase VIII PW Bid Due 8-19, 2003 at 3 p.m. COI~TRAcrf DOCUM~Nr11S FOR RESlJRFA(;ING Vi\RIOUS ROADS PHASE VIII' I ) - I I t i I . (' I III I, III II I PROJECrl' l'JO. 324-04-203824045. ..---- 4~~lC.l~\fO~... " ~' \~ ~ ~.~ rJ.-. ~ ~S\-/ _J~ [] ~ c~'O ~ ,~ I or- :;::::::-:J / -- 0 I ~ 1--..., @J"'-fj ~ ~V / ~ . :::s ( ./~) ~ ~ ~ ~ _, I~~. ~ '" 1\,& ..^- I ~ \ io.(fiF0,-r@bt ~ ~~ tJ\ I ~J:~}-&f ,~I'0'-.J-..~ ~ ~!Op~/ :;#0 ;-. . . Bond No. 545 60 44 <itEM AlVERlC~ INSURANCE COMA\NY .4. OHIO CAUTION: You should use an original AlA document which has this caution printed in red. An original assures that changes will not be obscured as may occur when documents are reproduced. PERFORMANCE BOND The American Institute of Architects, A.IA Document No. A311 (February, 1970 Edition) KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor) Beam's Contracting, Inc. 2335 Atomic Road. Beech Island. South Carolina 29842 as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) GREAT AMERICAN INSURANCE COMPANY 580 Walnut Street, Cincinnati, Ohio 45202 as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Augusta-Richmond County Commission Council 530 Greene Street, Room 605. Augusta. Georgia 30911 as Obligee, hereinafter called Owner, in the amount of One Million Forty Eight Thousand Five Hundred Eighty Six and no/100--------------------------------------------- Dollars ($ 1,048,586.00 ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated 19 , entered into a contract with Owner for Resurfacing Various Road~,Phase VIII Project No. 324-04-203814045 in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. GREAT AMERICAN INSURANCE COMPANY { BY:4~-L---2'~~ At torney-in- Fac t (Title) Countersigned by C"vr~ (2t (,J~ J lh~ . R: Walker Georgia Resid ent Agent NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly 1) Complete the Contract in accordance with its terms and conditions, or 21 Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible bidder, arrange for Signed and sealed this day of Al~Ll ~ ~~ (Witness) ~ ~j(~ 5B 5715b Performance Bond. This bond Is Issued simUltaneously with Labor and Material Bond F.9635 - (3/82). Revised to February, 1970 F.9633F (11/92) a contract between such bidder and Owner, and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiretion of two (2) years from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs axecutors, administrators or successors of the Owner. ' 19 (Seal) BY~ ~ (Title) (Seal) _/ "'tI m ::D "'T1 o :D :s:: )> Z n m OJ o z c )> Z C r- )> "'tIOJ )>0 <::D 3:)> mz Zc -4:s:: IXI)> 0-4 Zm C::D )> r- ~ c: CD c.. -h o .., . Z III .-+ c: .., CD o -h :E o .., 7' C III .-+ CD o -h g :J .-+ .., III ~ o III .-+ CD o -h OJ o :J c.. ~ "f ... ... ." ----- ?.~ GREA14MEmcA.N: INSURANCE COMPANJES TERRORISM COVERAGE RIDER NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM The Terrorism Risk Insurance Act of2002 establishes a program within the Department of the Treasury, under which the federal government shares, with the insurance industry, the risk of loss from future terrorist attacks. The Act applies when the Secretary of the Treasury certifies that an event meets the definition of an Act of Terrorism. The Act provides that, to be certified, an Act of Terrorism must cause losses of at least five million dollars and must have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest to coerce the government or population of the United States. To be attached to and form part of Bond No. 545 60 44 , effective 9-30-03 In accordance with the Terrorism Risk Insurance Act of2002, we are providing this disclosure notice for bonds on which Great American Insurance Company, its affiliates (including, but not limited to Great American Alliance Insurance Company, Great American Insurance Company of New York and Great American Assurance Insurance Company) is the surety. The United States Government, Department of the Treasury, will pay a share ofterrorism losses insured under the terms of the Act. The federal share equals 90% of that portion of the amount of such insured losses that exceeds the applicable insurer retention. This Coverage PartJPo1icy covers certain losses caused by terrorism. In accordance with the Federal Terrorism Risk Insurance Act of2002, we are required to provide you with a notice disclosing the portion of your premium, if any, attributable to the coverage arising from losses for Terrorist Acts Certified under that Act. The portion of your annual premium that is attributable to coverage for Terrorist Acts Certified under the Act is : $:00. ~ e ..; e e > GREAT AMERICAN INSURANCE COMPANY@ Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than THREE No. 017456 Po\VER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corporation organized and existing under and by virtue of the laws of the Stale of Ohio, does hereby nominate, constitute and appoint the person or persons named below its true iUld lawful attorney- in-fact, for it and in its name. place and stead to execute in behalf of the said Company. as surety, any and all bonds, undertaldngs and contracts of suretyship, or other wlitten obligations in the nature thereof; provided that the liability of the said Company on any such bond. undertaking or comract of suretyship executed under this authority shall not exceed the limit stated below. Name Address Columbia. South Carolina Columbia, South Carolina Macon. Georgia Limit of Power all unlimited Barbara H. Register Herbert L. DeCuers John R. Walker This Power of Attorney revokes all previous powers issued in behalf of the attomey(sl-in-fact named above. IN WITNESS WHEREOF the GREAT A!vIERlCAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropliate officers and its corporate seal hereunto affixed this 10th day of June 2002 Attest GREAT AMERICAN INSURANCE COMPANY STATE OF OHIO. COUNTY OF HAMILTON - 5S: OOUGLAS R.BOWEN (513.369-38111 On this 10th day of June, 2002 , before me personally appeared DOUGLAS R. BOWEN, to me known, being duly sworn, deposes and says that he resides in Cincinnati. Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great Amelican Insurance Company. the Company desclibed in and which executed the above insttument: that he knows the seal of the said Company: that the seal affixed to the said instrument is such corporate seal: that it was so affixed by authOlity of his office under the By-Laws of said Company. and that he signed his name thereto by like authority. This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American Insurance Company by unanimous written consent dated March I, 1993. RESOLVED: 1710llhe Division Presidellf, Ihe several Division Vice Prcsidellfs and Assislallf Vice Presidents. or anyone of them. be and hereby is aU/hori~ed, from lime 10 lime, 10 appoinl one or more i\lIomeys-in-Fact 10 exeeUle 011 behalf of Ihe Company. as suref)'. an)' and a// bonds. undertakings alld COllfraclS of suretyship. or other wriTten obligations in the ,1Qture Ihereof" to prescribe their respecliJ:e duties and the respective limifJ of their authority; and to revoke any such appoillfment al any time. RESOLVED FURTHER: 17lQtlhe Company seal and the signature of any of the aforesaid officers and any Secrelary or Assislam Secrelary oj the Company may be affixed byfacsimile /0 anv pOll'er of C1//Omey or eenifiea/e of either given for the execution of any bond. undenaking, comma or suretyship. or olher ll'ritten obligation in the nature thereof sllch signature and seal II'hell.w used being hereby adopled by the Company as tire original signature of such officer and the 0I7gillal seal of lire Company. to be valid (lIld binding upon tire Company with the same force and effect as Ihough manually affixed. CERTIFICATION 1. RONALD C. Ko\ YES, Assistant Secretary of Great American Insurance Company. do hereby celtify that the foregoing Power of Altomey and the Resolutions of the Board of Directors of March I. 1993 have not been revoked and are now in full force and effect. Signed and sealed this day of S 1029T (11/01) ~ . . I ACflBDTM 'CERTIFICATE OF LIABILITY INSURANCE OA TE (MMlDOfYY) 09/30/03 ,PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION " ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Davis-Garvin Agency, Inc. PO Box 21627 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Columbia, SC 29221-1627 800 845-3163 INSURERS AFFORDING COVERAGE .- ------- .' INSURED INSURER A: Capital City Insurance Company Beam's Contracting, Inc . INSURER B: Hartford Insurance Company 2335 Atomic Road INSURER c: Beech Island, SC 29842 -- INSURER D: ----- INSURER E: Client#: 4703 BEAMSCON 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 DESCRIBEO HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR, -- -- -- I POLICr"EFFECTIV(~ P%~fJ l~l::J~tli~\N ------ --+-- LTR, TYPE OF INSURANCE POLICY NUMBER DATE MMlDDfYY LIMITS A lGE~ERAL LIABILITY 108CLOO0845 04/01/03 04/01/04 EACH OCCURRENCE $1 ,QQQ,OOO ___ ~X iCO~MERCIALGENE~~IABILITY t FIRE DAMAGE (Anyone lire) $100,000 ---- -- l -----L-J CLAIMS MADE LX.J OCCUR I MED EXP (Anyone person) $5,00Q___. _. f --1- ------ I I PERSONAL & ADV INJURY .$1,099,909 _ -- . .. . - I , GENERAL AGGREGATE 52,000,000 - ,GEN'L AGGREGATE LIMIT APPLIES PER: I ~RODUCT;-~~~;!'~;i-;"~~ 1.S~,QOQ,~90 _ ~ ....., ~ PRD- - I ! POLICY: I JECT I I LOC I I A ' AUTOMOBILE LIABILITY 108CA00846 04/01/03 04/01/04 COMBINED SINGLE LIMIT 151,000,000 ~ ^~ AO'O (Ea accident) .-- - - - ALL OWNED AUTOS BODILY INJURY I SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON.OWNED AUTOS I I (Per accident) j -' , I --- -- ~.- I PROPERTY DAMAGE 5 I (Per accident) , I GARAGE LIABILITY I I I ^"_ro 0'" ,'^ ACC"'" ~_ _ - ' ANY AUTO , OTHER THAN EA ACC 5.._ I -- - I I I I AUTO ONLY: AGG 5 A EXCESS LIABILITY I08CUlOO5351 04/01/03 04/01/04 EACH OCCURRENCE $5,000,000 __ ~OCCUR 0 CLAIMS MADE AGGREGATE $5,OOO,QQL_ _ .-- 5 --- ~...; DEDUCTIBLE I $ --- ~ $10000 , X I RETENTION I $ A WORKERS COMPENSATION AND 08WCOO0540 04/01/03 04/01/04 ~CSTATU'l 10TH. QEUIMITS ER EMPLOYERS' LIABILITY -------- .- j E~~~HAC<::IO'EN2. . _ _ ~ ~90,Q'O.O EL DISEASE. EA EMPLOYEE 5500,000 - I t- ---.. ----.. - - --- .._- . I I E.L. DISEASE. POLICY LIMIT: $500,000 B OTHER Leased or 22MSBE1528 I 04/01/03 04/01/04 $200,000 Limit iRented Equipment I $2,500 Deductible , DESCRIPTION OF OPERATlONSlLOCATlONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Re: Resurfacing Various Roads, Phase VIII Project No. 324-04-203814045 CERTIFICATE HOLDER ADDITIONAL INSUREO; INSURER LETTER: CANCELLATION Augusta-Richmond County Commission Council 530 Greene Street, Room 605 Augusta, GA 30911 SHOULD ANYOFTHE ABOVE OESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3.0_ DAYS WRITTEN NOTlCETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT, BUT FAILURE TODOSOSHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR ACORD 25-S (7/97) 1 of 2 #S106729/M97124 BHR @ ACORD CORPORATION 1988 ~. IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25-5 (7/97) 2 of 2 #8106729 /M9712 4 ~ 2335 Atomic Road Beech Island, South Carolina 29842 Telephone (803) 827-0136 Fax (803) 827-1868 September 29, 2003 Mr. Robert Clements Augusta Richmond County Public Works Augusta, Georgia Re: Resurfacing Various Roads, Phase VITI Walton Woods Court ,?o 1. Traffic Control LS $10,440.00 2./0 2. Silt Fence Type A 100 LF @ $4.75 475.00 2/0 3. LS Construction LS 47,270.00 LILli 4. 24" x 6" Tp II Concrete Curb & Gutter 2400 LF @ $9.00 21,600.00 5"50 5. Catch Basins 4 EA @ $1545.00 6,180.00 3/0 6. Graded Aggregate Base 5,200 SY @ $6.30 32,760.00 'to? 7. Asphaltic Concrete 12.5 mIll 550 TN @ $44.25 24,337.50 1.(02 8. Bituminous Tack Coat 450 GL @ $2.85 1,282.50 700 9. Grassing LS 3,000.00 S$()_ 10. Reconstruct Drainage Box 2 EA @ $2,300.00 4,600.00 5$0 II. Storm Drain Pipe 18" RCP H 1-10 60 LF @ $70.00 4,200.00 S'$O *12. Junction Box 1 EA @ $1700.00 1,700.00 5$0 13. Storm Manhole 1 EA @ 1800.00 1,800.00 Total $159,645.00 -::::z~ //~ . .-",' /"'J-6~ -- Grego . Beam President INVITATION TO BID Sealed Bids will be received in this office until 3:00 p.m. Tuesday, August 19,2003 BID ITEM #03-104 Resurfacing Various Roads Phase vrn for Augusta GA Public Works Scope: This project includes the patching, milling, leveling, resurfacing and striping of roads and streets located within Augusta in accordance with the plans and specifications. It also includes adjusting to grade manholes and water valves. The City of Augusta Commission hereinafter referred to as the OWNER at the offices of will receive bids at: Geri A. Sams Augusta, Georgia Purchasing Department 530 Greene Street - Room 605 Augusta, Georgia 30911 706-821-2422 At the time and place noted above the bids will be publicly opened and read. BID documents may be obtained at the office of The City of Augusta Purchasing Department, 530 Greene Street - Room 605, Augusta, GA 30911. Copies maybe obtained upon payment of $10.00 (non-refundable). Documents may be examined by appointment only during regular business hours at the offices of City of Augusta Purchasing Department, Augusta, Augusta Dodge Plan Room, and Augusta Builder's Exchange. A cut off date for questions is August 11,2003 at 4:30 p.m. eastern standard time. All questions must be submitted in writing to the office of the Purchasing Department by fax at 706-821-2811 or by mail. No bid will be accepted by fax, all must be received by mail or hand delivered. No BID may be withdrawn for a period of 60 days after time has been called on the date of opening. A 10% Bid bond is required to be submitted in a separate envelope so marked along with the bidders' qualifications; a 100% perfonnance bond and a 100% payment bond will be required for award. It is the wish of the Owner that minority businesses are given the opportunity to bid on the various parts of the work. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provide ample opportunity for business growth and development. The Owners reserves the right to reject any or all bids and to waive technicalities and informalities. The Bid Item number and Project Name must be marked on the outside of the outer envelope. Any objections to the specifications as set forth should be filed in writing prior to bid opening. YOU MUST SUBMIT A MARKED ORIGINAL AND TWO MARKED COPIES Augusta has a Link Deposit program designed to provide loans to eligible local Small, Minority and Women Owned Businesses. For more information regarding this program please contact the Human Resources Department at 706-821-2303. GERI A. SAMS, Purchasing Director Publish: Augusta Chronicle Augusta Focus July 17, 24, 31, August 7, 2003 July 24, 2003 cc: Walter Hornsby Brenda Byrd-Pelaez Teresa Smith Augusta, Georgia Equal Opportunity Augusta, Georgia Human Resources Augusta, Georgia Public Works SEALED BIDS SELECTION METHOD. A method for submitting a bid to perform work on a proposed contract. In general, each party interested submits a bid in a sealed envelope, and all such bids are opened at the same time and the most favorable responsible bid is accepted. Conditions for use. All contracts of Augusta-Richmond County shall be awarded by competitive sealed bidding except as otherwise provided elsewhere in this article (see 9 1-10-45 - Sealed Proposals; 1-10-46 - Professional Services; 1-10-47 - Quotations; 1- 10-49 - Sole Source Procurement; and 1-10-50 - Emergency Procurements, of this chapter). Invitation for bids and specifications. An invitation for bids shall be issued by the Purchasing Office and shall include specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions, applicable to the procurement. Pre-bid conference and addendum. A conference to be conducted by the Purchasing Director and using agency head, if appropriate, hearing will be scheduled at least five (5) working days before receipt of bids. While the pre-bid conference (unless otherwise indicated on the invitation to bid) is not a requirement, it is strongly recommended and widely used to further acquaint interested bidders with the bid requirements and items to be purchased and vendor input. Any substantive changes to specifications resulting from the pre-bid conference or other vendor/contractor sessions shall be documented in an addendum and communicated to all bidders registered for the procurement action. Bid opening. Sealed Bids shall be opened publicly in the presence of one or more witnesses at the time and place designated in the public notice and invitation for bids. The amount of each bid, and such other relevant information as the Purchasing Director deems appropriate, together with the name of each bidder shall be recorded; the record and each bid shall be open to public inspection in accordance with S 1-10-5 (public Access to Procurement Information). Bid acceptance and bid evaluation. Provided that the bids are delivered to the Purchasing Director at the time, place, and under the conditions contained in the Invitation for Bids, the bids shall be conditionally accepted without alteration or correction pending evaluation. Bids shall be evaluated based on the requirements set forth in the invitation for bids, which may include bidder responsiveness, capability and past performance, and criteria to determine acceptability such as inspection, testing, quality workmanship, delivery, and suitability for a particular purpose. Those criteria that will affect the bid price and be considered in evaluation for award shall be objective and clearly measurable, including but not limited to discounts, transportation costs, and total or life cycle costs. The main advantage of using life-cycle costing is that both initial costs and related costs for the life of the item are considered. When the criterion 2 for awarding the contract is based on lowest responsive bidder, it may mean that the contract specifications are just minimally complied with. Selecting of the lowest bidder could result in a higher incidence of maintenance, and down-time could eat up any savings made if the purchasing process considers only the initial cost. Under no circumstance will any bid be accepted by fax or email. All bids must be labeled and received in the Purchasing office by the due date and time. There will be no exceptions made for any late, lost by the post office or express carrier, or misdirected submittals. All bidders must submit a coPy of the companies' business licenses. BACKGROUND INFORMATION ON VENDORS. The Department Head and/or the Administrator is directed to provide the bid amount as submitted, information concerning the vendor's previous performance, the service and quality of the products offered, the availability of the goods and services when needed, adherence to delivery schedules, and other criteria pertinent to that particular item, on vendors who have submitted bids, proposals, or contracts for the Commission's consideration. The information is to be included in the backup documents for the Commission's consideration in awarding the contract. INSPECTION OF PURCHASES. The purchasing agent in conjunction with the using agency or department head shall inspect, or supervise the inspection of, all deliveries of materials, supplies or contractual services to determine their conformance with the specifications set forth in the pertinent purchase order or contract. The purchasing agent may require chemical and physical tests of samples submitted with bids and samples of deliveries, which examinations are necessary to determine quality of the samples and conformance with specifications. Letting the contract. The contract shall be awarded or let in accordance with procedures set forth herein. Award shall occur with reasonable promptness by appropriate written notice to the lowest responsible and responsive bidder whose bid meets the requirements and criteria set forth in the invitation for bids. In addition to price and other material factors, the Purchasing Director, in consultation with the using agency, shall consider the following in the context of award recommendations: (1) The ability, capacity, and skill of the bidder to perform, the contract or provide the services required, (2) The capability of the bidder to perform the contract or provide the service promptly, or within the time specified, without delay or interference, (3) The character, integrity, reputation, judgment, experience, and efficiency of the bidder, (4) The quality of performance on previous contracts, (5) The previous and existing compliance by the bidder with laws and ordinances relating to the contract or services, (6) The sufficiency ofthe financial resources of the bidder relating to his ability to perform the contract, 3 (7) The quality, availability, and adaptability of the supplies or services to the particular use required, and (8) The number and scope of conditions attached to the bid by the bidder. Award to other than low bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the purchase order or other contract elsewhere shall be prepared and signed by the Purchasing Director and/or Administrator and made part of the record file for audit proposes. Uniform Bid. All bid items must be made in the United States of America. EMPLOYEE CONFLICT OF INTEREST: It shall be unethical for any City of Augusta business or participant directly or indirectly in a procurement contract when the employee or official knows that: (a) the employee or official or any member of the employee's or official's immediate family has a substantial interest or financial interest pertaining to the procurement contract, except that the purchase of goods and services from businesses which a member of the Commission or other City of Augusta employee has a fmancial interest is authorized as per O.C.G.A. 36- 1-14, or the procurement contract is awarded pursuant to a.c.G.A. 45-10- 22 and 45-10-24, or the transaction is excepted from said restrictions by O.C.G.A. 45-10-25; (b) Any other person, business, or organization with whom the employee or official of any member of an employee's or officials immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement contract. Any employee or official or any member of an employee's or official immediate family who holds a substantial interest or fmancial interest in a disclosed blind trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that substantial interest or financial interest. USE OF CONFIDENTIAL INFORMATION 1-10-15 It shall be unethical for any Augusta, GA County employee or official to knowingly use confidential information for actual or anticipated personal gain, or for the actual or anticipated gain for any other person. Name: Date: Title: Company: THIS SHEET IS REQUIRED TO BE IN SUBMITTAL. 4 I I I I I I I I rI I I I I I I I I I I LIST OF PROJECT DOCUMENTS Resurfacing Various Roads, Phase VIII Project Number: 324-04-203824045 SECTION PAGES Instruction to Bidders IB-I thru IB-3 Georgia Prompt Pay Act PPA-I Minority and Economically Disadvantaged Business Support ME-1 Special Conditions SP-1 thru SP-2 Agreement A-I thru A-4 General Conditions 1 thru 33 Supplementary Conditions SC-1 thru SC-2 Proposal P- I thru P-5 List of Roads for Resurfacing L-1 Typical Sections TS-1 thru TS-2 Location Maps Maps 30 General Notes G-1 tbru G-16 Traffic Control TC-I thru TC-23 I I I I I I I I , II I .1 I I I I I I I SECTION IB INSTRUCTION TO BIDDERS IB-01 GENERAL All proposals must be presented in a sealed envelope, addressed to the Owner. The proposal must be filed with the Owner on or before the time stated in the invitation for bids. Mailed proposals will be treated in every respect as though filed in person and will be subject to the same requirements. Proposals received subsequent to the time stated will be returned unopened. Prior to the time stated any proposal may be withdrawn at the discretion of the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids have been opened, pending the execution of contract with the successful bidder. IB-02 EXAMINATION OF WORK Each bidder shall, by careful examination, satisfy himself as to the nature and location of the work, the conformation of the ground, the character, quality and quantity of the facilities needed preliminary to and during the prosecution of the work, the general and local conditions, and all other matters which can in any way affect the work or the cost thereof under the contract. No oral agreement or conversation with any officer, agent, or employee of the Owner, either before or after the execution of the contract, shall affect or modify any of the terms or obligations therein. IB-03 ADDENDA AND INTERPRETATIONS No interpretation of the meaning of plans, specifications or other prebid documents will be made to any b.idder orally. Every request for such interpretation should be in writing addressed to the Director of Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, and to be given consideration must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specifications which, if issued, will be sent by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the Contract Documents. TB-t I I I I I I I I II I I I I I I I I I I IB-04 PREPARATION OF BIDS Bids shall be submitted on the forms provided and must be signed by the bidder or his authorized representative. Any corrections to entries made on bid forms should be initialed by the person signing the bid. Bidders must quote on all items appearing on the bid forms, unless specific directions in the advertisement, on the bid form, or in the special specifications allow for partial bids. Failure to quote on all items may disqualify the bid. When quotations on all items are not required, bidders shall insert the words "no bid" where appropriate. Alternative bids will not be considered unless specifically called for. Telegraphic bids will not be considered. Modifications to bids already submitted will be allowed if submitted by telegraph prior to the time fixed in the Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the total amount of either the original or revised bids. Bids by wholly owned proprietorships or partnerships will be signed by all owners. Bids of corporations will be signed by an officer of the firm and his signature attested by the secretary thereof who will affix the corporate seal to the proposal. NOTE: A 10% Bid Bond is required in all cases. IB-05 BASIS OF AWARD The bids will be compared on the basis of unit prices, as extended, which will include and cover the furnishing of all material and the performance of all labor requisite or proper, and completing of all the work called for. under the accompanying contract, and in the manner set forth and described in the specifications. Where estimated quantities are included in certain items of the proposal, they are for the purpose of comparing bids. While they are believed to be close approximations, they are not guaranteed. It is the responsibility of the Contractor to check all items of construction. In case of error in extension of prices in a proposal, uni t bid prices shall govern. IB-2 I I I I I I I ~ 'I II I I I I I I I I I IB-06 BIDDER'S OUALIFICATIONS No proposal will be received from any bidder unless he can present satisfactory evidence that he is skilled in work of a similar nature to that covered by the contract and has sufficient assets to meet all obligations to be incurred in carrying out the work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to working capital available, plant equipment, and his experience and general qualifications. The Owner may make such investigations as are deemed necessary to determine the ability of the bidder to perform the work and the bidder shall furnish to him all such additional information and data for this purpose as may be requested. The Owner reserves the right to reject any bid if the evidence submitted by the bidder or investigation of him fails to satisfy the Owner that such bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein. Part of the evidence required above shall consist of a list of the names and addresses of not less than five (5) firms or corporations for which the bidder has done similar work. IB-07 PERFORMANCE BOND At the time of entering into the contract, the Contractor shall give bond to the Owner for the use of the Owner and all persons doing work or furnishing skill, tools, machinery or materials under or for the purpose of such contract, conditional for the payment as they become due, of all just claims for such work, tools, machinery, skill and terms, for saving the Owner harmless from all cost and charges that may accrue on account of the doing of the work specified, and for compliance with the laws pertaining thereto. Said bond shall be for the amount of the contract satisfactory to the Owner and authorized by law to do business in the state of Georgia. Attorneys-in-fact who sign bonds must file with each copy thereof a certified and effectively dated copy of the power of attorney. IB-08 REJECTION OF BIDS These proposals are asked for in good faith, and awards will be made as soon as practicable, provided satisfactory bids are received. The right is reserved, however to waive any informalities in bidding, to reject any and all proposals, or to accept a bid other than the lowest submitted if such action is deemed to be in the best interest of the Owner. IB-3 I I I I I I I I 'I I I I I I I I I I I 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 provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the provision of this Agreement shall control. All claims, disputes and other matters in question between the Owner and the Contractor arising out of or relating to the Agreement, or the breach thereof, shall be decided in the Superior Court of Richmond Count, Georgia. The Contractor, by executing this Agreement, specifically consents to venue in Richmond County and waives any right to contest the venue in the Superior Court of Richmond County, Georgia. Notwithstanding any provision of the law to the contrary, the parties agree that no interest shall be due Contractor on any sum held as retainage pursuant to this Agreement and Contractor specifically waives any claim to same. NOTICE All references in this document, which includes all papers, writings, drawings, plans or photographs to be used in connection with this document, to "Richmond County Board of Commissioners" shall be deemed to mean "Augusta Richmond County Commission- Council and all references to "Chairman" shall be deemed to mean "Mayor". DISPOSALS Prior to any material from this project being wasted or otherwise disposed of outside the project limits the Contractor shall furnish the Engineer a copy of written permission, signed by the property owner (or his authorized agent) describing the estimated amount and type of material to be placed on said property. If any portland cement concrete, asphaltic concrete, wood or other such materials are to be wasted on the property, a copy of the owner's inert landfill permit, issued by the Environmental Protection Division shall be furnished to the Engineer prior to any such waste being removed from the project. In all cases, regardless of the material being wasted, a grading permit issued by Augusta Richmond County must be furnished to the Engineer. PPA-l I I I I I I I I I I I I I I I I I I I H~NOR~TY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT It is the intent of the Augusta-Richmond County- Council to increase the involvement of qualified minority and economically disadvantaged businesses in the contracted work of County Government. In an effort to support this intention, this project is offered to all qualified firms. The bids will be evaluated based on qualifications, price and construction time. wi th all other items being considered equal, the contract, if awarded will be awarded to a minority and economically disadvantaged firm or a firm that has included such firms as subcontractors on this project. The bidders shall include with their bid a statement of qualification for themselves and/or any qualified subcontractors explaining why they should be considered a minority or economically disadvantaged firm. If the firm does not fall into this category, no information is necessary. ME-l I I I I I I I I I I I I I I I I I I I Resurfacing Various Roads, Phase VITI Project Number: 324-04-203824045 SPECIAL CONDITIONS SCOPE: This project includes the patching, milling, leveling, resurfacing and striping of roads and streets located within Augusta in accordance with the plans and specifications. It also includes adjusting to grade manholes and water valves. (See page G-1) TERMINI AND LENGTH: The beginning and ending of each individual road or street is shown on the tabulation list contained in this document. The total length of this proj ect is 13 .14 miles. PATCHING: Asphaltic Concrete Patching includes removing areas identified by the Engineer and replacing the existing pavement and base (if necessary). Cost will be paid as Asphaltic Concrete Patching, per ton. TRAFFIC LOOPS AND STRIPING: The Contractor shall restore all traffic loops affected by milling and/or resurfacing in this contract. Costs for restoring traffic loops shall be included in the price bid for other items. There will be no separate payment for this work. All striping and pavement markings shall be referenced and documented prior to any milling or resurfacing and will be paid for under the appropriate item. ADJUSTING MINOR STRUCTURES TO GRADE: This item consists of raising or lowering the upper portion of existing manholes, water valve boxes, gas valve boxes or any other miscellaneous structures within the area of construction. There will be no separate payment for this work unless shown as a separate pay item. . Prior to any resurfacing, the contractor shall identify and reference all structures so the precise locations can be determined after resurfacing. This shall be done in the company of the ARC Inspector. This shall be the first order of work where minor structures requiring adjustment are included in the contract. SP-l I I I I I I I I I I I I I I I I I I I MILLING: Milling and Resurfacing: All milled roads must be followed by leveling and/or topping within 21 calendar days. ALTERNATE "A": This alternate includes mill asphaltic concrete, variable depth. Contractor's choice of what he does with the millings. ALTERNATE "B": This alternate is the same as "A" above EXCEPT all millings must be delivered to the ARC Landfill, weighed on landfill scales and dumped in a specified location. A tare weight system will be required because hauling payment will be by the ton. (CONTRACTOR MUST BID BOTH ALTERNATES) _. _ :J SP-2 I I I I I I I I I I I I I I I I I I I SECTION A AGREEMENT THIS AGREEMENT, made on the I (; day of ~ ~, 200 ~by and between Augusta-Richmond County Commission-Council party of the first part, hereinafter called the OWNER, and X. {)Darn '5 Con..JkJrhl>j I #,( party of the second part, hereinafter called the CONTRACTOR. WITNESSETH, that the Contractor and the Owner, for the considerations hereinafter names, agree as follows: ARTICLE I - SCOPE OF THE WORK The Contractor hereby agrees to furnish all ofthe 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: Resurfacing Various Roads, Phase VIll Project No. 324-04-203824045 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 - LIOUIDATED DAMAGES The work to be performed under this Contract shall be commenced within 10 Calendar days after the date of written notice by the Owner to the Contractor to proceed. All work shall be completed within 200 calendar days with such extensions of time as are provided for in the General Conditions. It is hereby understood and mutually agreed, by and between the contractor and the Owner, that the date of beginning, rate of progress and the time for completion of the work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor agrees that said work shall be executed regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed by and between the Contractor and the Owner, that the time for completion of the work described herein is a reasonable time for completion of the same, taking into consideration the average climatic range and construction conditions prevailing in this locality. A-1 I I I I I I I I I I I I I I I I I I I IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the contractor does hereby agree, as a part of the consideration for the awarding of this contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every calendar day that the contractor shall be in default after the time stipulated in the Contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would, in such event, sustain, and said amounts shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this Contract and the specifications wherein a definite portion and certain length of time is fixed for the additional time is allowed for the completion of a work, the new time limit fixed by extension shall be the essence of this contract. ARTICLEill-PAYMENT (a) The Contract Sum The owner shall pay to the Contractor for the performance of the contract the amount as stated in the Proposal and Schedule ofItems. No variations shall be made in the amount except as set forth in the specifications attached hereto. (b) Progress Payment No later than the fifth day of every month, the Contractor shall submit to the Owner's Engineer, an estimate covering the percentage of the total amount of the contract which has been completed from the start of the job up to and including the last working day of the proceeding month, together with such supporting evidence as may be required by the Owner and/or the Engineer. This estimate shall include only the quantities in place and at the unit prices as set forth in the Bid Schedule. On the vendor run, following approval of the invoice for payment, the owner shall after deducting previous payments made, pay to the Contractor 90% of the amount of the estimate on units accepted in place. The 10% retained percentage may be held by the Owner until the final completion and acceptance of all work under the Contract. A.2 I I I I I I I I I I I I I I I I I I: I: Revised (7/1/99 ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT (a) Upon receipt of written notice that the work is ready for final inspection acceptance, the Engineer shall within 10 days, make such inspection and when he finds the work acceptable under the contract and the contract fully performed, he will promptly issue a final certificate, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, including the retained percentage, shall be paid to the Contractor by the owner within 15 days after the date of said final certificate. (b) Before:final payment is due, the Contractor shall submit evidence satisfactory to the Engineer that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness of liens of evidence of payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the Owner, other than those arising from unsettled liens, from faulty work appearing within 12 months after final payment, from requirements of the specifications, or from manufacturer's guarantees. It shall also constitute a waiver of all claims by the contractor except those previously made and still unsettled. (d) If after the work has been substantially completed, full completion thereof is materially delayed through no fault of the Contractor, and the Engineer, so certifies, the Owner shall upon certification of the Engineer, and without terminating the contract, make payment of the balance due for that portion of the work fully completed and accepted. (e) Notwithstanding any provision of the General Conditions, there shall be no substitution of materials or change in means, methods, techniques, sequences or procedures of construction that are not determined to be equivalent to those indicated or required in the Contract Document, without an Amendment to the Contract.. Each payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. A-3 I I I I I I I I I I I I I I I I I I I 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. AUGUST A-RICIDvIOND COUNTY COMMISSION-COUNCIL ? :~~i~6 rJ' Title: Mayor of Augusta-Richmond Count' c Commission-Council 1- CONTRACTO~" ~c...-- B~ Title: ~~L!- Address: Z'3s $ A~ rf2-/ ~ ..e;/~"'( S c:'- ;.. ~ J"2- A-4 -.-~ :.> . . ... . $~PJ I~ fn~'i Wltne /~ A&ud<L .j, ~~ Witness > ,':.~ I" .~ I I I I I I I I I I I I . I I I I I I GENERAL CONDITIONS . I I I I I I I I I I I I I I I I I I I TABLE OF CONTENTS OF GENERAL CONDITIONS Article Number Tille Palfe DEFINITIONS................. ............,........................ 7 :! PRELI~IIN AR Y MA TIERS ........................................ 8 3 CONTRACT DOCUMENTS: INTENT. AMENDING AND REUSE.... ... .............. .......... 9 4 AVAILABILITY OF LANDS: PHYSICAL CONDITIONS: REFERENCE POINTS.............................................. 10 5 BONDS AND INSURANCE ........................................ 11 6 CONTRACTOR'S RESPONSIBILITIES ............................ 14 7 OTHER \VORK ..................................................... 18 8 OWNER'S RESPONSIBILITIES .................................... 19 9 ENGINEER'SSTATUSDURINGCONSTRUCTION .............. 19 10 CHANGES IN THE WORK ......................................... 21 11 CHANGE OF CONTRACT PRICE ....... ........ ............ ....... 21 11 CHANGE OF CONTRACT TIME........ .................. ......... :!4 13 WARRANTY AND GUARANTEE: TESTS AND INSPECTIONS: CORRECTION. REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK........................... 24 14 PA YMENTS TO CONTR.A.CTOR AND COMPLETION ............ 16 15 SUSPENSION OF WORK AND TER.MINATION ....... .......... 29 16 ARBITRATION ... ...... ,... ... ................. '" ....... .......... 31 17 MISCELLANEOUS.................................,..... .......... 32 3 I I INDEX TO GENERAL CONDITIONS I Aniclt! or Paragraph Numht!r Acceptance of Insurance ............................. 5.13 Access 10 Ihe Worle ..................................13.2 Addenda-definicion of (see definition of Specifications) " ........ ......... ..... ... ............. I AlU'eemenl-definition of ................................ I All Risk Insur.lnee ... . . . .. . ... . . . .. . . .. .. .. . . . .. .. . .. .. 5.6 Amendmen t. Written .................,........... 1. 3.1.1 Application for Payment-definition of ................., 1 Application for Payment. Final .......:.............. 14.12 Application for ?regress Payment .................... 14.2 Application for Progress Payment-review of .... 14.4-14.1 Arbitration............................................. 16 Authorized Variation in Worle ......................... 9.5 A'Iailability of Lands .................................. 4.1 A ward. ?'oj otiee of-defined .............................. 1 I I I I I Before Starting Construction ...................... 2.5.2. i Bid-deiinilion of ....................................... 1 Bonds and Insurance-in general ........................ 5 Bonds--definition of . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . .. 1 Bonds. Delivery of ............................. _ 2.1. 5.1 'Bonds. Performance and Other ....................5.1-5.: I I Cash Allowances ..................................... I 1.8 Change Order-derinition of ............................. 1 Change Orders--to be executed ...................... 10.4 Changes in the Work ................................... ) 0 Cairns. Waiver of-on Final Payment ............... 14.16 Clarifications and Interpretations ...................... 9.4 Ceaning ............................................. 6.1 i Completion. . " . . . '" . . .. ....... .. ...... ................ 14 Completion. Substantial.................. ....... 14.8-14.9 Conference. PreconSU'Uction ..........,............... 2.8 Connict. Error. Discrepancy-Contractor 10 Report ...................................... 2,j, 3.3 Construction Machinery. Equipment. etc. ............. 6.4 Continuing Work ...........................,......... 6.19 . Contract Documencs--amending and supplementing ................................... 3.4-3.5 Contract Documencs--definition of ...................... 1 Contract Documents-Intent ...................... 3.1~3.3 Contract Documents-Reuse of ....................... 3.6 Contract Price. Change of .............................. II Contrnct Price--:ietinition ,.............................. I Contrnct Time. Change of .............................. 12 Contrnct Time. Commencement of .................... :.3 Contrnct Time--:iefinition of ..,......................... ( Contractor-derinition of ................................ 1 Contractor May Stop Work or Terminate ............. L5~ Contractor's Continuing Obligation .................. 14.15 Contl"3ctor's Duty to Report Discrepancy in Documents ...............,.................. 2.5.3.2 Contrnctor's Fee--Cost Plus ... 11.4.5.6.11.5.1.11.6-11.'7 Contl"3ctor's Liability Insurance ....................... 5.3 Contr:J.ctor's Responsibilities-in general ................ 6 I I I I I I I I I Contractor's Warranty ofTicle.... ..... .......... ..... 14.3 Contractors--other . . . . . . . . . . .. . . . . . . . . .. . . . .. . . . . . . . . . .. 7 Contractual Liability Insurance........................ 5.4 Coordinating Concractor-detinition of ................ 7.4 Coordination .... -. . . . . .. ...... .. .. .. _ . .. .. ... . .. .... .. 7.4 Copies of Documents....................... ..... ...... 2.1 Correction or Removal of Defective Wort. ........... 13.11 Correction Period. One Year ........................ 13.12 Correction. Removal or Acceptance of Defective Work-in general ........................... 13.11-13.14 Cost-net decrease ...................:............. 11.6.2 Cost of Work .................................... 11.4- 1 1.5 COStS. Supplemental. . . . . . . . .. . .. .. . '. . . ........ . ... 11.4.5 Day-definition of ....................................... 1 Defecrive-definition of ................................. 1 Deft!crive Work. Acceplance of ...................... [] .13 Defective Work. Correction or Removal of .......... 13.11' Difecrive W ork-in general ............... [3. 14.1. 14.11 Deft!Crive Work. Rejecting...,......... ................ 9.6 Definitions .............................................. 1 Delivery of Bonds ..................................... 2.1 Determination for Unit Prices ........................ 9.10 Disputes. Decisions by Engineer................. 9.11-9.11 Documents. Copies of .... .. .. . . . . . . . . . . .. .... '" . .. . .. 2.:: Documents. Record ..................................6.19 Documents. Reuse ....................................3.6 Drawings-.-Oefinition of ................................. 1 Easements ............................................ 4.1 Effective date of Agreement-definition of .. . .. . .. . . . . . .. I Emergencies .........,............................... 6.::: Engineer--<lefinition of .................................. 1 Engineer's Decisions ............................ 9.10-9.12 Engineer's-Notice Work is Acceptable ............. 14.13 Engineer's Recommendation of Payment ...... 14.4. 14.13 Engineer's Responsibilities. Limitations on ................. 6.6,9.11,9.13-9.16,18.2 Engineer's Status During ConsU'Uction-in general ...... 9 Equipment. ubor. Materials and. _..... ........... 6.3-6.6 Equivalent Materials and Equipment ...........,...... 6.1 E.'!.plorations of physical conditions ................... 4.2 Fee. Concractor's-Costs Plus. .............. ......... 11.6 Field Order-definition of ............................... I Field Order-issued by Engineer ................ 3..5.1. 9.5 Final AppliQtion for Payment....................... 14.12 Final Inspection..................................... 14.11 Final Payment and Acceptance ...................... J 4. [3 Final Payment. Recommendation of ........... 14.13-14. 14 General Provisions .............................. J 1.3- J 7.4 General Requiremenls-definition of..... . ... . .. .. .. . . . .. 1 Genernl Requiremenls-principal references to ................. 2.6. 4.4. 6.4. 6.6-6.1. 6.13 ~ I I Giving Notice ............... ... ........... ......... '.' 17.1 Guarantee of W ork-by Contractor................... 13.1 .;- Indemnification ....... . . . . . . . . . . . . . . . . . . . . .. 6.30-6..32. 7.5 Inspection. Final .................................... 14.11 Inspection. Tests and .....~........................... 13.3 Insurance, Bonds aod-in genera! ....................... 5 Insurance. Certificates of ............ . . . . . . . . .. .. . .. Z.7, 5 Insurance-<:ompleted operations. . . . .. . . .. ...... .. . . .. 5.3 Insurance. Contractor's Liability ...................... 5.3 Insurance. Contractual Liability ..,.......,............ 5.4 Insurance. Owner's Liability .......................... 5..5 Insurance. Property .............................. 5.6-5.13 Insurance-Waiver of Rights ,........................ 5.11 Intent of Contract Documents ................... 3.3. 9.14 Interpretations and Clarifications ...................... 9.4 Investigations of physical conditions. . . . . . . .. .. .. . .. . .. 4.2 I I I I I Labor. Materials and Equipment .................. 6.3-6.5 Laws and Regulation~efinition of.......,... .... ...... 1 Laws and Regulations-general ....................... 6.14 Liability Insurance-Concractor's ..................... 5.3 Liab ili ty Ins urance-Owner' s ................. .. .. . ... 5.5 Lien~efinitions of ................................ 14.1 Limitations on Engineer's Responsibilities ..................... 6.6, 9.11, 9.13-9.16 I I Materials and equipment-fumished by Contractor .... 6.3 Materials and equipment-not incorporated in Work ..... ................ ......... 14.2 Materials or equipment--equivalent ................... 6.7 Miscellaneous Provisions. ............ .................. 17 Multi-prime contracts ................................... 7 I I Notice. Giving of.............. ............ ........... 17.1 Notice of Acceptability of Project ................... 14.13 Notice of Award-definition of .......................... I Notice to Proceed-definition of . . . . . . . . . .. . . ... ... . . . . .. I Notice to Proceed-giving of .......................... 2.3 I I "Or-Equal.. Items ..................................... 6.7 Other contractors ............;................,......... 7 Other work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . .. i Overtime Work-prohibition of ........................ 6..3 Owner-detinition of .................................... 1 Owner May Correct Defective Work................. 13.14 Owner May Stop Work ..............................13.10 Owner May Suspend Work. Terminate .......... 15.1-15A Owner's Duty [0 Execute Change Orders ............. 11.8 Owner's Liability Insur:lnce ........................... 5.5 Owner's Representative-Engineer to serve as ........ 9.1 Owner's Responsibilities-in general ..........,......... 8 Owner' 5 Separ:1te Representative :u site ,.............. 9.3 I I I I Partial Utilization ...........,.....,................ 14.10 Partial Utilization-definition of ......................... I Partial Utilization-Property Insurance ............... 5,15 Patent Fees and Royalties ............................ 6.1 ~ Payments. Recommend:ltion of ........... 14.4-14.7. 14.13 Payments to C.mtr:lctor-in generol ...........,........ 14 I I 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 Physic::JJ Conditions-Engineer's review ............. 4.2.4 Physical Conditions-existing structures... . . .... .... 4.2.2 . Physical Conditions-exploracions and reportS... . ... 4.2.1 Physical Conditions-possible document change ..... 4.2.5 Physical Conditions-price and time adjustments .... 4.2.5 Physical Conditions-report of differing ...........,. 4.1.3 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-Concract--definition of ............................ I Progress Payment. Applications for. ... . .. .. .. .. . . . . .. 14.2 Progress Payment-recainage ......................... 14.2 Progress schedule ............... 2.6, 2.9. 6.6.6.29, 15.2.6 Project-1efinition 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 R~ord Documents........... ........ ..... ... ........ 6.19 Reference Points ...................................... 4.4 Regulations. Laws and ............................... 6.14 Rejecting Defective Work ............................. 9.6 Related WorkacSite ..............................7.1-7.3 Remedies Not Exclusive ............................. 17.4 Removal or Correction of Defectivt Work........... 13.11 Resident Project Representative-<lefinition of ........... I Resident Project Representative-provision for ........ 9.3 Responsibilities. Contractor's-in general ............... 6 Responsibilities. Engineer's-in general ................. 9 Responsibilities. Owner's-in general. . . . . . . . . .. . . . ... . .. 8 Recainage ............................................ 14.2 Reuse of Documents .................................. 3.5 Rights of Way.. ......,..................... ........... 4.1 Royalties. Patent Fees and ........................... 6.11 Safety and Protection....... 6.20-6.21, 18.1-18,2 Samples ......................................... 6.23-6.~8 Schedule of progress ........ 2.6.2.8-2.9.6.6.6.19. 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,.................... 6.23-6.18 Shop Drawings-detinition of ....... ..................... I Shop Drawings. use to approve substitutions ...................................... 6.7.3 5 I I Site. Visits to-by Engineer ........................... 9.2 Specifications--defioition of ............................. I Starting Construction. Before... .. . . ... . .. .. ....... 2..5-2.8 Starting the Project ........;........................... 2.4 Stopping Work-by Contractor ............. .......... 15.5 Stopping Work-by Owner.......................... 13.10 Subcootractor--detinition of ........... ......... . .. . .. ... 1 Subcontractors-in general ....................... 6.8..0.11 Subcontracts-required provisions ............5.11.1. 6.11 11.4.3 Substantial Completion-certification of .............. 14.8 Substantial Completion-definition of . . . .. . . . . . . . , . . . . . . " I Substitute or "Or-Equal.. Items ....................... 6.7 Subsurface Conditions.. . . . . ... . . . .. . .. .. . . ... . . ... 4.2-4.3 Supplemental costs ................................. 11.4.5 Supplementary Conditions-definition of ................ 1 Supplementary Conditions-principal references to .. 2.2.4.2.5.1.5.3.5.6-5.8,6.3.6.13.6.13. 7.4,9.3 Supplementing Contract Documents ............... 3.4-3.5 Supplier--definition of .. . . . . . . . . . . . . . . . .. .. . .. . . . . . . . . . '. 1 Supplier-principal references to ... 3.6. 6.5. 6.7-6.9. 6.20. 6.24,9.13.9.16.11.8,13.4.14.12 Surety~onsent to payment ..................14.12,14.14 Surety-Engineer has no duty to ..................... 9.13 Surety-notice to .......................... 10.1,10.5,15.2 Surety~ualification 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 S~perintendence .................. 6.1-6.2 Tues--Payment by Contractor. . . . . . . . . . .. ..... .. . . .. 6.15 Terminatioo-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 I I I I I I I I I I I I I I I I I Time. Computation of ............... ..... ............ 17.2 Tune. Contract-definition of ................... . ..... . .. I Uncovering Work..... .... ............. ...... ... 13.8-13.9 Underground Facilities-detinition of .................... 1 Underground Facilities-not shown or indicated..... 4.3.2 Underground Facilities-protection of ........... 4.3.6.20 Underground Facilities--shown or indicated......... 4.3.1 Unit Price Work--detinition of .......................... I Unit Price Work-general ................. 11.9. 14.1. 14.5 Unit Prices............ .... .......... ............. .. 11.3.1 Unit Prices. Determinations for.....................:. 9.10 Use of Premises ................................. 6.16-6.18 Utility owners .......................... 6.13. 6.20. 7.2-7.3 Values. Schedule of ....... ... ....... ........ 2.6.2.9. 14.1 Variations in Work-Authorized............ 6.25.6.27.9.5 Visits to Site-by Engineer ............................. 9.2 Waiver of Claims-on Final Payment ................ 14.16. Waiver of Rights by insured panies ............. 5.10. 6.11 Warm'nty and Guarantee-by Contractor ....:........ 13.1 Warranty of Title. Contractor's ....................... 14.3 Work. Access to ..................................... 13.2 Work-by others ........................................ 7 Work Continuing During Disputes ..,................. 6.29 Work. Cost of ............................ . . . . . .. 11.4-11.5 Work-definition of ......................................1 Work Directive Change--definition of ......,............ 1 Work Directive Change-principal . references to ............................3.4.3.10.1-10.2 Work. Neglected by Contractor ..................... 13.14 Work. Slopping by Contractor....... ..... ..... ... .... 15..5 Work. Stopping by Owner... .................... 15.1-15.4 Written Amendment-detinition of ...................... 1 Written Amendment-principal references to ..................... 3.4.1. 10.1. 11.2. 11.1 6 I I GENERAL CONDITIONS I ARTICLE I-DEFINITIONS I Wherever used in these General Conditions or in the other Contract Documents the following terms h:lve the me:lnings indicated which :lre applicable to both the singul:lr :lnd plural thereof: I A.ddenda-Written or graphic instruments issued prior to the opening of Bids which clarify. corre..:t \.lr change the bidding documents or the C\.lntract Documents. I AgreenH'l/f- The written :lgreement between OWN ER and CONTRACTOR covering the Work to be performed: other C\.lntract Documents are aU:lched to the Agreement and made a part thereof as provided therein. I Applicatio/l jl)r Pa~'mE'IIf-The form :lccepted by ENGI- N EER which is to be used by CONTRACTOR in requesting progress or final payments and which is to include such sup- porting documentation :IS is required by the Contract Documents. I I Bid-The otTer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work to be performed. I Bonds-Bid. performance and payment bonds and other instruments of security. I Change Order-A document recommended by ENGINEER. which is signed by CONTRACTOR and OWNER :lnd autho- rizes an addition. deletion or revision in the Work. or an adjustment in the Contrnct Price or the Contract Time. issued on or after the Effective Date of the Agreement, I Cvntrt/ct Doculnents- The Agreement. Addenda f which per- tain to the Contract D\.lcuments), 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 tll paragraphs 3A and 3.5 on or after the Effective Date 1.11' the Agreement. I I I I Cu1ltract Pric'e-The m\.lneys payable by OWNER to CON- TRACTOR under the Contract Documents as stated in the Agreement (subject to the provisions of paragroph 11.9. ( in the case of Unit Price Work). I Cu/ltract Time-The number of uays (computed .IS provideu in pamgrnph 17.~) or the date stated in the Agreement for the complc:tion of the: Work. I CONTRACTOR-The: person. firm or corp\.lr.1tion with whl)m OWNER has entered int\.l the Agreement. I defer:t;I'e-An adjective which when modifying the word Work refers to Work that is unsatisfactory. faulty or deficient. or does not conform to the Contract Documents. or does not meet the requirements of any inspection. reference standard. test or approval referred to in the Contract Documents. or has been damaged prior to ENGINEER's recommendation affinal payment (unless responsibility forthe protection thereof has been assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10). Drall'illgs- 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. Effect;,'e Dwe of tire A,l{reemem- The date indicated in the Agreement on which it becomes etTective. but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. E.VGIN EER- The person. firm or corporotion 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. Gf!neral Requirelnents-Sections of Division I of the Speci- fications. Lall's and" Regulations: Laws or Regulations-Laws. rules. regulations. ordinances, codes ancl/or orders. Nutice of Alt'ord- The wrinen notice by OWNER to the apparent successful bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumeroted 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 to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to l'erform CONTRAC- TOR'S oblig:ltions under the Contract Documents. OWNER-The: public body or authority. corporation, asso- ciation. finn or person with whom CONTRACTOR has entered into the Agreement and for whom the Work is to be provided. Pernial Uti!i:ariv/r-Placing a portion of the Work in service for the purpose for which it is intended lor a related purpose) before reaching Substantial Completion for all the Work. Projer:t- The total construction of which the Work to be provided under the Contract Documents may be the whole. or a part as indicated elsewhere in the Contract Documents. Rt'side/lt Prelje,.t RL'prest'lIftltil't!- The authorized represen- t.Hive of ENGIN EER whll is assigned to the site or any part thereof. 7 I I Shop Drawings-All drawings, diagrams. illustrations. schedules and other data which arc 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 CONTRACTOR to illustrate material or equipment for some portion of the Work. I I I Specifications-Those portions of the Contract Documents consisting of written technical descriptions of materials. equipment. const!'uction systems. standards and workman- ship as applied to the Work and certain administrative details applicable thereto. I Subcontractor-An individual. firm or corporation having a direct contract with CONTRAcrOR or with any other Sub- . contractor for the perfonnance of a pan of the Work at the site. I I S ubstanJiaJ Completion-The Work (or a specified part thereoO has progressed to the point where. in the opinion of ENGI- NEER as evidenced by ENGINEER's definitive certificate of Substantial Completion. it is sufficiently complete. in accordance with the Contract Documents. so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if there be no such certificate issued. when final payment is due in accordance with paragraph 14.13. The terms "substantially complete" and "substantially com- pleted" as applied to any Work refer to Substantial Comple- tion thereof. I I I Supplementary C oflditions- The part of the Contract Docu. ments which amends or supplements these General Condi. tions. I Supplier-A manufacturer. fabricator. supplier. distributor. materialman or vendor. I Underground Facilities-All pipelines. conduits. ducts. cables. wires. manholes. vaults. tanks. tunnels or other such facilities or attachments. and any encasements containing such facil- ities which have been installed underground to furnish any of the following services or materials: electricity. gases. Steam. liquid petroleum products. telephone or other communica- tions. cable television. sewage and drainage removal. traffic or other control systems or water. I I Uflit Price Work-Work to be paid for on the basis of unit prices. I Work-The entire completed construction or the various sep- arately identifiable parts thereof required to be furnished under the Contract Documents. Work is the result of per- forming services. furnishing labor and furnishing and incor- porating materials and equipment into the construction. all as required by the Contract Documents. I I Work D;r~ctive Changt-A written directive to CONTRAC- TOR. issued on or after the Effective Date of the Agreement and signed by ('W~ER and recommended by ENGINEER. I 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 Amendment-A written amendment of the Contract Documents. signed by OWNER and CONTRAcrOR on or after the Effective Date of the Agreement and normally deal. ing with the nonengineering or nontechnical rather than strictly Work-related aspects of the Contract Documents. ARTICLE 2-PRELIMlNARY MAnERS Delivery of BoNis: 2.1. When CONTRACTOR delivers the executed Agree- ments to OWNER. CONTRAcrOR shall also deliver to OWNER such Bonds as CONTRACTOR may be required to furnish in accordance with paragraph 5.1. Copies of Documents: 2.2. OWNER shall furnish to CONTRAcrOR 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. Commenc~m.enl ofContrru:t Time: Noti&e 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 orthe thirtieth day after the Effective Date of the Agreement. whichever date is earlier. St.arting the Project: 2.4. CONTRACTOR shall start to perfonn the Work on the date when the Contract Time commences to run. but no Work shall be done at the site prior to the date on which the Contract Time commences to run. B~fore St.arting Construction: 2.5. Before undertaking each part of the Work. CON- TRACTOR shall carefully study and compare the Contract Documents and check and verify peronent figures shown 8 I I thereon and all applicable field measurements, CONTRAC. TOR shall promptly report in writing to ENGINEER any conflict. error or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarifi- cation from ENGINEER oefore proceeding with any Work affected thereby: however. CONTRACTOR shall not be lia- ble to OWNER or ENGINEER for failure to report any conflict. error or discrepancy in the Contract Documents. unless CONTRACTOR had actual knowledge thereof or should reasonably have known thereof. I I I 1.6. 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: I I 1.6. I. an estimated progress schedule indicating the starting and completion dates of the various stages of the Work: I 1.6.1. a preliminary schedule of Shop Drawing sub- missions: and I 1.6.3. 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 payment~ during construction. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work which will be con- finned in writing by CONTRACTOR at the time. of sub- mission. I I 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 (and other evidence of insurance requested by CONTRACTOR> which OWNER is required to purchase and maintain in accordance with paragraphs 5.6 and 5.7. I I I Preconstruction Conference: 1.8. 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. I I I Finali:jng Schedules: 1.9. At I~ast ten uuys before submission ofthc: first Appli. cation for Payment" conference attended by CONTRAC- TOR. ENGINEER nnd others as appropriate will be held to finalize th~ ~chedules submitted in accordance \\'ith para- I I 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 submission~ 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 DOCUME;-.lTS: lNTENT,' AMENDING, REUSE Intent: 3. I. The Contract Documents comprise the entire agree. ment between O\VNER and CONTRACTOR concerning the Work. The Contract Documents are complementary: what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the place of the Project. 3.2. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereot) to be con- structed in accordance with the Contract Documents. Any Work. materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well.known technical or trade meaning are used to describe Work. materials or equipment such words shall be interpreted in accordance with that meaning. Reference to standard specifications. manuals or codes of any technical society. organization or association. or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication. shall mean the latest standard specification. manual. code or Laws or Regulations in effect at the time of opening of Bids lor. on the Effective Date of the Agreement if there were no Bids). e:'tcept as may be otherwise specifically stated. However. no provision of any referenced standard specification. manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of OWNER. CONTRACTOR or ENGINEER. or any of their consuitants. agents or employ- ees from those set forth in the Contract Documents. nor shall it be effective to L\ssign to ENGINEER. or any of ENGI. NEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsi. bility contrary to the provisions of par.lgmph 9.15 or 9.16. Clarifications and interpretations of the Contract Documents ~ha11 be issued by ENGINEER as provided in paragraph 9A. 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 at once and before proceeding with the Work affected thereby shall obtain u written interpretation or clarification 9 I I from ENGINEER: however. CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to repo" any conflict. error or discrepancy in the Contract Documents unless CONTRAcrOR had actual knowledge thereof or should reasonably have known thereof. I I AmeNiing and Supplemeruing Contract Documel'ltS: 3.4. The Contract Documents may be amended to pro- vide for additions. deletions and revisions in the Worle or to modify the terms and conditions thereof in one or more of the following ways: I I 3.4.1. a fonnal Written Amendment. I 3.4.2. a Change Order (pursuant to paragraph ]0.4), or 3.4.3. a Work Directive Change (pursuant to para- graph 10.1). I 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. I 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: I 3.5.1. a Field Order (pursuant to paragraph 9.5), I 3.5.2. ENGINEER.s approval of a Shop Drawing or sample (pursuant to paragraphs 6.26 and 6.27), or I 3.5.3. ENGINEER's written interpretation or clarifi- cation (pursuant to paragraph 9.4}. I Reust! of Documents: 3.6. Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing or fur- nislting any of the Work under a direct or indirect contract with OWNER shall have or acquire any title to or ownership rights in any of the DraWings. Specifications or other docu- ments (or copies of any thereoO prepared by or bearing the sea! of ENGINEER: and they shall not reuse any of them on extensions of the Project or any other project without written consent of OWNER and ENGINEER and specific written verification or adaptation by ENGINEER. I I I I ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL CONDITIONS; REFERENCE POlNTS I A vaiJabiOry of I..tznds: 4.1. OWNER shall furnish. as indicated in the Contract Documents. the lands upon which the Work is to be per- formed. rights-^r_w~y and easements for access thereto. and I such other lands which are designa'ted 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 case- 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 Repons: Reference is made to the Supplementary Conditions for identification of those reports of explorations and tests of subsurface conditions at the site that have been utilized by ENGINEER in prep- aration of the Contract Documents. CONTRACTOR may rely upon the accuracy of the technical data contained in such reports. but not upon nontechnical data. interpreta-' tions or opinions contained therein orforthe completeness thereof for CONTRACTOR's purposes. Except as indi- cated in the immediately preceding sentence and in para. graph 4.2.6. CONTRACTOR shall have full responsibility with respect to subsurface conditions at the siLe. 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 technical data on which CONTRAC- TOR is entitled to rely as provided in paragraphs 4.1. I and 4.1.2 is inaccurate. or 4.2.3.2. any physical condition uncovered or revealed at the site differs materially from that indi- cated. reflected or referred to in the Contract Docu- ments. CONTRACTOR shall, promptly after becoming .aware thereof and before performing any Work in connection therewith (except in an emergency as permitted by para- graph 6.:!:!.). notify OWNER and ENGINEER in writing about the inaccuracy or difference. 10 I I 4.2.4. ENGINEER's Rel'ie1\': ENGINEER will promptly review the pertinent conditions. detennine the necessity of obtaining additional e:~plorations or tests with respect thereto and advise OWN ER in writing (with a copy to CONTRACTORl of ENGINEER's findings and con- clusions. I I 4.2.5, . Pm.rihle Document CllCln.~e: If ENGINEER concludes that there is a material error in the Contract Documents or that because of newly discovered condi- tions a change in the Contract Documents is required. a Work Directive Change or a Change Order will be issued as provided in A.rticle 10 to ret'lect and document the consequences of the inaccuracy or difference. I I 4.~.6. Possihle Price and Tillle Adjustll/ents: 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 e:ttent that they are attributable to any such inaccuracy or difference. If OWNER and CONTRACTOR are unable to agree as to the amount or length thereof. a claim may be made therefor as provided in Articles II and 12. I I I Physical C ondirions-Cnderground F aciIities: 4.3.1. Shown or Indicated: The infonnation and data shown or indicated in the Contract Documents with respect to e:dsting Underground Facilities at or contiguous to the site is based on information and data furnished to OWNER or ENGINEER by the owners of such Underground Facil- ities or by others. Unless it is otherwise e:tpressly pro- vided in the Supplementary Conditions: I I I ,U.l.l. OWNER and ENGINEER shall not be responsible for the accuracy or completeness of any such infonnation or data: and. I .U.1.2. CONTRACTOR shall have full responsi- bility for reviewing and checking all such infonnation and data. for locating all Underground Facilities shown or indicated in the Contrnct 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 paragrnph 6.~0 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. I I I 4.3.1. Not Show/I or II/die-wed. If an Underground Facility is uncovered or revealed at or contiguous to the site which \....as not shown or indicated in the Contract Documents and which CONTRACTOR could not reason- ably have been e~pe:cted to be aware of. CONTRACTOR shall. promptly after becoming aware thereof and before performing any Wl,rk affected thereby (e:tcept in an emer- gency as pe:rmitted by paragraph 6.12). identify the owner of such Underground Facility and give written notice thereof to that owner and h' OWNER and ENGINEER. ENGI- NEER will promptly review the Underground Facility to I I I determine the extent to which the Contract Documents should be modified to reflect and document the conse- quences of the e:tistence 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 arid protection of such Underground Facility as provided in paragraph 6.10. CONTRACTOR shall be allowed an increase in the Con- tract Price or an e:ttension of the Contract Time. or both. to the extent that they are attributable to the e,<:istence of any Underground F:lcility that was not shown or indicated in the Contrnct Documents and which CONTRACTOR could not reasonably have been expected to be aware of, If the parties are unable to agree: as to the amount or length thereof. CONTRACTOR may make a claim therefor as provided in Articles II and 12. Reference Points: 404. OWNER shall provide engineering surveys to estab- lish reference points for construction which in ENGINEER's judgment are necessary to enable CONTR.-\CTOR to proceed with the Work. CONTRACTOR shall be responsible for lay- ing out the Work (unless otherwise specified in the Genernl Requirementsl. 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 re('lon: 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 Perfonnance and Other Bonds: 5.1. CONTRACTOR shall furnish perfonnance 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- trnct Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Supplementary Condi- tions. All Bonds shall be in the fonns prescribed by Law or Regulation or by the Contrnct Documents and be e:tecuted by such sureties as are named in the current list of "Com- panies Holding Certificates of Authority as Acceptable Sure- ties on Federnl Bonds and as Acceptable Reinsuring Com- panies'. as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts. U.S. Treasury Department. All Bonds signed by an agent must be accompanied by a certified copy of the authority to act. 5.2. If the surety on any Bond furnished b~' CONTR.-\C- TOR is declared a bankrupt or becomes insolvent or its right to do business is terminateu in any state where any part of 11 I I 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. I I ColU1'tU:UJr s LillbiJity Insurance: 5.3. CONTRACTOR shall purchase and maintain such comprehensive genera! 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 perionned 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: I I I I 5.3.1. Claims under workers' or workmen's compen- sation. disability benefits and other similar employee ben- efit acts; I 5.3.2. Claims for damages because of bodily injury. occupational sickness or disease. or death of CONTRAC- TOR's employees; . I 5.3.3. Claims for damages because of bodily injury, sickness or disease. or death of any person other than CONTRACTOR's employees; I 5.3.4. Claims for damages insured by personal injury liability coverage which are sustained (a) by any person as a result of an offense directly or indirectly related to the employment of such person by CONTRACTOR. or (b) by any other person for any other reason; I I 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; I 5.3.6, Claims arising out of operation of Laws or Reg- ulations for damages because of bodily injury or death of any person or for damage to property; and I 5.3.7. Claims for damages because of bodily injury or death of any person or property damage arising out of the ownership. maintenance or use of any motor vehicle. I The insurance required by this paragraph S.3 shall include the specific coverages and be written for not less than the limits of liability and coverages provided in the Supplemen- tary Conditions. or required by law, whichever is greater. The comprehensive general liability insurance shall include completed operations insurance. All of the policies of insur- ance so required to be purchased and maintained (or the certificates or other evidence thereoO shall contain a provi- sion or endorsement that the coverage afforded will not be canceUed. mat~.;!>jly> :hanged or renewal refused until at least I I I 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 LitzbiJiry Insuraru:e: 5.4. The comprehensive genera! liability insurance required by paragraph 5.3 will include contractual liability insurance applicable to CONTRACTOR's obligations under paragraphs 6.30 and 6.31. . OWlIerr Liabi/iry Insurance: 5.5. OWNER shall be responsible for purchasing and maintaining OWNER's own liability insurance and. at OWNER's option. may purchaSe and maintain such'insur- ance as will protect OWNER against claims which may arise from operations under the Contract Documents. Property Insurance: 5.6. Unless otherwise provided in the Supplementary Conditions. OWNER shall purchase and maintain property insurance upon the Work at the site to the full insurable value thereof (subject to such deductible amounts as may be pro- vided in the Supplementary Conditions or required by Laws and Regulations). This insurance shall include the interests of OWNER. CONTRACTOR. Subcontractors. ENGINEER and ENGINEER's consultants in the Work. all of whom shall be listed as insureds or additional insured parties. shall insure against the penis of fire and extended coverage and shall include "all nsli:" 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 frcim 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 shaIl purchase and maintain such boiler and machinery insurance or additional property insurance as may be required by the Supplementary Conditions or Laws and Regulations which will include the interests of OWNER. CONTRACTOR. Subcontractors, ENGINEER AND ENGINEER's consultants in the Work. all of whom shall be listed as insured or additional insured parties. 12 I I 5.8. All the policies of insurance (or the certificates or other evidence thereof) required to be purchased and main- tained by OWNER in accordance with paragraphs 5.6 and 5.7 will contain a provision or endorsement that the coverage afforded will not be cancelled or materially changed or renewal refused until at least thirty days' prior written notice has been given to CONTRACTOR by certified mail and will contain waiver provisions in accordance with paragraph 5.11.2. I I I 5.9. OWNER shall not be responsible for purchasing and maintaining any property insurance to protect the interests of CONTRACTOR. Subcontractors or others in the Work to the extent of any deductible amounts that are provided in the Supplementary Conditions. The risk of loss within the deductible amount. will be borne by CONTRACTOR. Sub- contractor or others suffering any such loss and 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. I I I 5.10. If CONTRACTOR requests in writing that other special insurance be included in the property insurance pol- icy. OWNER shall. if possible. include such insurance. and the COSt thereof will be charged to CONTRACTOR by appro- priate Change Order or Written Amendment. Prior to com- mencement of the Work at the site. OWNER shall in writing advise CONTRACTOR whether or not such other insurance has been procured by OWNER. I I Waiver of Rights: 5.11.1. OWNER and CONTRACTOR waive all rights against each other for all losses and damages caused by any of the perils covered by the policies of insurance provided in response to paragraphs 5.6 and 5. i and any other property insurance applicable to the Work. and also waive all such rights against the Subcontractors. 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 other parties named as insureds. None of the above waivers shall extend to the rights that any of the insured parties may have to the proceeds of insurance held by OWNER as trustee or otherwise p?-y_ able under any policy so issued. I I I I I I 5.11.2. OWNER and CONTRACTOR intend that any policies provided in response to pamgraphs 5.6 and 5.7 shall protect all of the parties insured and provide primary coverage for all loss~s and damages caused by the perils co\'~red th~re:by. Accordingly. aU such policic:s shall con- tain provisions to the effect that in the event uf payment of .my loss llr damage the insurer will have no rights of recovery against any of the parties named as insureds or addilional insureds. and if lhe insurers require separate: wniver forms to be signed by ENGINEER or ENGI- NEER's ctlOsultant OWNER will obtain th~ same. anc.l if I I I such waiver forms are required of any Subcontractor. CONTRACTOR will obtain the same. Receipt and Applicarion of Proceeds: 5.12. Any insured loss under the policies of insurance required by paragraphs 5.6 and 5.7 will be adjusted with OWNER and made payable to OWNER as trustee for the insureds. as their interests may appear. subject to the require- ments of any applicable mortgage clause and of paragraph 5.13. OWNER shall deposit in a separate account any money so received. and shall distribute it in accordance with such agreement as the parties in interest may reach. If no other. special agreement is reached the damaged Work shall be repaired or replaced. the moneys so received applied on account thereof and the Work and the cost thereof covered by an appropriate Change Order or Written Amendment. 5.13. OWNER as trustee shall have power to adjust and settle any loss with the insurers unless one of the parties in interest shall object in writing within fifteen days after'the occurrence of loss to OWNER's exercise of this power. If such objection be made. OWNER as trustee shall make set- tlement with the insurers in accordance with such aiz-eement 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 (oss. give bond for the proper per- formance of such duties. Acceptance of Insurance: 5.14. If OWNER has any objection to the coverage afforded by or other provisions of the insurance reqcired to be pur- chased and maintained by CONTRACTOR in accordance with paragraphs 5.3 and 5.4 on the basis of its not complying with the Contract Documents. OWNER shall notify CON- TRACTOR in writing thereof within ten days of the date of delivery 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 :'.7. OWNER and CONTRACTOR shall each provide to the other such addi- tional information in respect of insurance provided by each as the other may reasonably request. Failure by OWNER or CONTRACTOR to give any such notice of objection within the time provided shall constitute acceptance of such insur- ance purchased by the other as complying with the Contract Documents. Partilli Utili:ation-Properry Insurance: 5.l5. If OWNER nnds 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 accordance with paragraph 14.10: provided that no 13 I I I such use or occupancy shall commence before the insurers providing the property insurance have acknowledged notice thereof and in writing effected the changes in coverage neces- sitated thereby. The insurers providing the property insur- ance shall consent by endorsement on the policy or policies. but the property insurance shall not be cancelled or lapse on account of any such partial use or occupancy. 1 I ARTICLE &-CONTRACTOR'S RESPONSIBILITIES I Supflrvision and Su~rinundflncfl: 6.1. CONTRACTOR shall supervise and direct the Work competently and efficiently. devoting such attention thereto. and applying sucb 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 tbe 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. 1 I I I 6.:!. 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 ex.traordinary circumstances. The superintendent will be CONTRACTOR's representative at the site and shall have authority to act on behalf of CON- TRACTOR. All communications given to the superintendent shall be as binding as if given to CONTRACTOR. 1 1 I Lahar, Mali1rio1s and Equipme1U: 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 aU times maintaIn good discipline and order at the site. Ex.cept in connection with the safety or protection of persons or the Work or property at the site or adjacent thereto. and except as otherwise indicated in the Contract Documents. all Work at the site shall be performed during regular working hours. and CONTRACTOR will not permit overtime work or the performance of Work on Sat- urday. Sunday or any legal holiday without OWNER's writ- ten consent given after prior written notice to ENGINEER. 1 1 I. 1 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,compl...___.: =fthe Work. 1 1 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. CONTRACroR shall furnish satisfactory evidence !including reportS of required tests) as to the kind and quality of materials and equipment. All materials and equipment shall be applied. installed. con- nected. erected. used. cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents: but no pro- vision of any such instructions will be effective to assign to ENGINEER. or any of ENGINEER's consultants. agents or employees. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or author- ity to undertake responsibility contrary to the provisions of paragraph 9.15 or 9.16. Adjusting Progress Schflduk: 6.6. CONTRACTOR shall submit to ENGINEER for acceptance (to the extent indicated in paragraph 1.9) 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. Substitutes or "Or.EqUJJl" Items: 6.7.1. Whenever materials or equipment are specified or described in the Contract Documents by using the name of a proprietary item or the name of a panicular Supplier the naming of the item is intended to establish the type. function and quality required. Unless the name is followed by words indicating that no substitution is permined. materials or equipment of other Suppliers may be accepted by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to determine that the material or equipment proposed is equivalent or equal to that named. The procedure for review by ENGINEER will include the following as supplemented in the General Requirements. Requests for review of substitute items of material and equipment will not be accepted by ENGI- NEER from anyone other than CONTRACTOR. If CON- TRACTOR wishes to furnish or use a substitute item of material or equipment. CONTRACTOR shall make writ- ten application to ENGINEER for acceptance thereof. certifying that the proposed substitute will perfonn ade- quately the functions and achieve the results called for by the general design. be similar and of equal substance to that specified and be suited to the same use as that spec- ified. The application will state that the evaluation and acceptance of the proposed substitute will not prejudice CONTRACTOR.s achievement of Substantial Comple- tion on time, whether or not acceptance of the substitute for use in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with OWNER for worle on the Project) to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or 14 I I royalty. All variations of the proposed substitute from that specified will be identified in the applicntion and avnilable maintenance. repair and replacement service will be indi- cated. The application will also contain nn itemized esti- mate of all costs that will result directly or indirectly from ncceptnnce of such substitute. including costs of redesign nnd claims of other contractors affected by the resulting change. all of which shall be considered by ENGINEER in evaluating the proposed substitute. ENG[NEER may require CONTRACTOR [0 furnish at CONTRACTOR's expense ndditional data about the proposed substitute. I I I 6.7.:'. If a specific menns. method. technique. sequence or procedure of construction is indicated in or required by the Contract Documents. CONTRACTOR may furnish or Utilize a substitute means. method, sequence. technique or procedure of construction acceptable to ENGINEER. if CONTRACTOR submits sufficient information to allow ENGINEER to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by E:-.IGINEER will be similar to that orovided in paragraph 6.7.1 as applied by ENGINEER and as may be supplemented in the Gen- eral Requirements. I I I I 6.7.3. ENGINEER will be allowed a rensonable time within which to evaluate ench proposed substitute. ENGI- NEER will be the sole judge of ncceptability. 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 npproved 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 nnd ENGINEER.s consultants for evaluat. ing each proposed substitute. I I I I I Conceming Subcontractors. Suppliers and Others: 6.8.1, CONTRACTOR shall not employ an~' Subcon- tractor. Supplier or other person or orgnnization I including those acceptable to OWNER and ENGINEER as indi- cated in paragraph 6.8.2). whether initially or;lS n substi. tute. against whom OWNER or ENGINEER may ha\"~ rensonnble objection. CONTRACTOR shall not be required to employ nny Subcontractor, Supplier or other person ~)r organization to furnish or perform any of the Work against whom CONTRACTOR has re:J.Sonable objectil1n. 6.~.:.. [f the Supplementary Conditions require the identity of cenain Subcontractors. Suppliers ur other p~r. sons or organizations {including those who are [0 furnish the principal items of materials and cquipmenll [0 be sub- mitted to OWN ERin ad vance of the specified Jntc pril,r to the EO'ective Date: of the A.greement for acce:ptance by I I I I I OWNER and ENGINEER nnd if CONTRACTOR has submitted a list thereof in nccordance with the Supple- mentary Conditions. OWNER's or ENGINEER's accept- ance (either in writing or by failing to make written objec- tion thereto by the dnte indicated for acceptance or objec- tion in the bidding documents or the Contract Documents I 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 cnse CONTRACTO R shall submit an acceptnble substitute. the Contract Price will be increased by the difference in the cost occasioned by such substitution and an appropriate Change Order will be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any such Subcontractor. Supplier or other person or organization shall constitute a waiver of any right of OWN ER or ENG I- NEER to reject defec/il'e Work. 6.9. CONTRACTOR shall be fully responsible to OWNER and ENG INEER 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 CONTR.-'\CTOR just as CONTRAC. TOR is responsible for CONTRACTOR's own acts nnd 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 organizacion except as may otherwise be required by Laws and Regulations. 6.10. The divisions and sections of the Specifications and [he identifications of any Drawings shall not control CON- TRACTOR in dividing the Work among Subcontractors or Suppliers or delineating the Work to be performed by any specific trade. 6.11. All Work performed for CONTRACTOR by a Sub- contractor will be pursuant to an appropriate 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 ENG [NEER and contains waiver provisions as required by parngraph 5.11. CONTRACTOR shall pay each Subcontractor n just share of any insurance moneys received by CONTRACTOR on account of losses under pol- icies issued pursuant to paragraphs 5.6 and 5.7. Patent Fees and Royalties: 6.12. CONTRACTOR shall pay all license fees and roy- alties and assume all costs incident to the use in the p~rfor- mance of the Work or the incorporation in the Work of any invention. design. process, product or device which is the subject of patent rights or copyrights ht:ld by others. If a punicular invention, design. process. product or device is specified in the Cuntract Documents for use in the p~rfor- mance ofth~ Work and if to the actual knowledge of OWN ER 15 I I or ENGINEER its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others. the existence of such rights shall be disclosed by OWNER in the Contract Documents. CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and anyone directly or indirectly employed by either of them from and against all claims, damages. losses and expenses (including anorneys' fees and coun and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in the perfonnance of the Work or resulting from the incorporation in the Work of any invention. design. process. product or device not specified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement of such rights. I I I I I PermiJs: 6.13. Unless otherwise provided in the Supplementary Conditions, CONTRACTOR shall obtain and pay for all con- strUction permits and licenses. OWNER shall assist CON- TRACTOR. when necessary. in obtaining such pennits and licenses. CONTRACTOR shall pay all governmental charges and inspection fees necessary for the prosecution of the Work. which are applicable at the time of opening of Bids, or if there are no Bids on the Effective Date of the Agreement. CON- TRACTOR shall pay al1 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. I I I I lAw: and Regukztioru: 6.14.1. CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to fur. nishing and perfonnance of the Work. Except where oth- erwise expressly required by applicable Laws and Regu- lations. neither OWNER nor ENGINEER shall be respon- sible for monitoring CONTRACTOR's compliance with any Laws or Regulations. I I 6.14.1. If CONTRACTOR observes that the Specifi- cations or Drawings are at variance with any Laws or Regulations. CONTRACTOR shall give ENGINEER prompt written notice thereof. and any necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If CONTRACTOR performs any Work knowing or having reason to know that it is contrary to such Laws or Regulations. and without such notice to ENGINEER. CONTRACTOR shall bear all costs arising therefrom: however. it shall not be CONTRACTOR.s pri- mary responsibility to make certain that the Specifications and Drawings are in accordance with such Laws and Regulations. I I I I I Tazes: 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 I place of the Project which are applicable during the perfor- mance of the Work. Use of Premises: 6.16. CONTRACTOR shall confine construction equip- ment. the storage of materials and equipment and the oper- ations of workers to the Project site and land and areas iden- tified in and permitted by the Contract Documents and other land and areas permitted by Laws and Regulations. rights- of-way, permits and easements. and shall not unreasonably encumber the premises with construction equipmen~ or other materials or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area. or to the owner or occupant thereof or of any land or areas contig- uous thereto. resulting from the performance of the Work. Should any claim be made against OWNER or ENGINEER by any such owner or occupant because of the performance of the Work. CONTRACTOR shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim by arbitration or at law, CONTRACTOR shall. to the fullest extent permined by Laws and Regulations. indemnify and hold OWNER and ENGINEER harmless from and against all claims. damages. losses and expenses (including. but not limited to. fees of engineers. architects. anorneys and other professionals and COUrt and arbitration costs) arising directly. indirectly or consequentially out of any action. legal or equi- table. brought by any such other pany 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 Worle CONTRACTOR shall remove all waste materials. rubbish and debris from and about the premises as well as all tools. appliances. construction equip- ment and machinery. and surplus materials. and shall leave the site clean and ready for occupancy by OWNER. CON- TRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.18. CONTRACTOR shall not load nor pennit any part of any Structure to be loaded in any manner that will endanger the structure. nor shall CONTRACTOR subject any pan of the Work or adjacent property to stresses or pressures that will endanger it. Record Documt!nlS: . 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- 16 I I pletion of the Work. these record documents. samples and Shop Drawings will be delivered to ENGINEER for OWNER. I I Safety and Protection: 6.10. CONTRACTOR shall be responsible for initiating. maintaining and supervising all safety precautions and pro- grams in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of. and shall provide the necessary protection to prevent damage. injury or loss to: I I 6.20.1. all employees on the Work and other persons and organizations who may be atfected thereby: I 6.~0.2. all the Work and materials and equipment to be incorporated therein. whether in storage on or off the site: and I 6.20.3, other property at the site or adjacent thereto. including trees. shrubs. lawns. walks. pavements. road- ways. structures. utilities and Underground Facilities not designated for removal. relocation or replacement in the course of construction. I CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having jurisdiction for th~ safety of persons or property or to protect them from damage. injury or loss: and shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them. and shall cooperate with them in the pro- tection. removal. relocation and replacement of [heir prop- erty. All damage. injury or loss to any property referred to in par:lgraph 6.::0.2 or 6.20.3 caused. directly or indirectly. in whole or in part. by CONTRACTOR. any Subcontractor, Supplic:r 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 mOly 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 :lnyone for whose acts either of them may be liable. and not attributable. dirt:l.:tly or indi- rectly. in whole or in p<1rt. to the f:lult or negligenl.:e of CON. TR.~CTORl. CONTRACTOR's duties and responsibilities for the safety :lnd protection of the Work shall cuntinue until such time as all the Work is completed :lnd ENGI~EER has issued a notice to OWN ER and CONTRACTOR in accurd. ance with parngraph 14,13 that the Work is acceptable lexl.:ept as otherwise expressly provided in connection with Substan- tial Cumpletion), I I I I I I I I 6.:: I. CONTRACTOR shall designate :l resp~'nsible rep- resentative: at the site whose uuty shall be the pren:ntion ~lf acciue:nts. Thi:; persun shall be CONTRACTOR's superin- tendent unless otherwise uesignated in writin~ by CO~- TRACTOR to OWNER. I I Emergencies: 6.:!:!. In emergencies affecting the safety or protection of persons or the Work or property ~t the site or adjacent thereto. CONTRACTOR. without special instruction or authorization from ENGINEER or OWNER. is obligated to act to prevent threatened damage. injury or loss. CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the 'Contract Documents have been caused thereby. IfENGI- NEER determines that a change in the Contract Documents is required because of the action taken in response to an emergency. a Work Directive Change or Change Order will be issued to document the consequences of the .changes or. vari<1tions. Shop Drawings and Samples: 6.13. After checking and verifying all field measurements and after complying with applicable procedures specified in the General Requirements. CONTRACTOR shall submit to ENGINEER for review and approval in accordance with the accepted schedule of Shop Drnwing submissions (see parae. graph :!.9l. or for other appropriate action if so indicated in the Supplementary Conditions. five copies (unless otherwise specified in the General Requirements! of all Shop Drawings. which will bear a stamp or specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsi- biliti\:s 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 ENG INEER 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. :lll samples required by the Contract Doc- uments. All samples will h<1ve 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. 6.2.5.1. Before submission of each Shop Drawing or sample CONTRACTOR shall have determined and veri- fied all quantities. dimensions. specified performance cri- teria. installatiun requirements. materials. catalog num- bers and similar data with respect thereto and reviewed or coordinated e~ch Shup Drawing or sample with other Shop Drawings and s<1mples and with the requirements of the Work and the Contract Documents. 6.2.5.2. At the time uf each submission. CONTRAC- TOR shall give ENGIN EER spedfic written noti-ce uf each variation that the Shop Drawings or samples may have from the requirements ~lf the Cuntrnct Documents. and. in addition. shall c:luse ~I specific notation to be made on 17 I I each Shop Drawing submitted to ENGINEER for review and approval of each such variation. I 6.26. ENGINEER will review and approve with reason- able promptness Shop Drawings and samples. but ENGI- NEER' 5 review and approval will be only for confonnance with the design concept of the Project and for compliance. with the information given in the Contract Documents and shall not extend to means. methods. 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 Documenls) or to safety precaJJtions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. CON- TRACTOR shall make corrections required by ENGINEER. and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval. CONTRACTOR shall direct specific attention in writing to revisions other than the corrections called for by ENGINEER on previous submittals. I I I I I 6.27. ENGINEER's review and approval of Shop Draw- ings or samples shall not relieve CONTRACTOR from responsibility for any variation from the requirements of the Contract Documents unless CONTRACTOR has in writing called ENGINEER.s attention to each such variation at the time of submission as required by paragraph 6.25.2 and ENGINEER has given written approval of each such varia- tion by a specific wrinen notation thereof incorporated in or accompanying the Shop Drawing or sample approval; nor will any approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the Shop Draw- ings or from responsibility for having complied with the pro- visions of paragraph 6.25.1. I I I I 6.28. Where a Shop Drawing or sample is required by the Specifications. any related Work performed prior to ENGI- NEER's review and approval of the pertinent submission will be the sole expense and responsibility of CONTRACTOR. I I Continuing the Work: 6.29. CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with OWNER. No Work shall be delayed or postponed pend- ing resolution of any disputes or disagreements. except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER may otherwise agree in writing. I I 1 rukmnificaJiJJn: 6.30. To the fullest extent pCnnilted 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 o'r consequential (inclUding but not limited to fees and charges of engineers. architects. attorneys and other professionals and court and arbitration costs) aris- ing out of or -''tiil~iig from the performance of the Work. I I I provided that any such claim. damage. loss or expense (a) is attributable to bodily injury. sickness. disease or death. or to injury to or destruction of tangible property (other than the Work itselO including the loss of USe resulting therefrom and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perform orfumish 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 ail claims against OWNER or ENGI- NEER or any of their consultants. agents or employees. by any employee of CONTRACTOR. any Subcontractor. any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liable. the indemnification obligation under paragraph 6.30 shall not be limited in any way by any limitation on the amount or type of damages. compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or othe!" person or organization under workers. or workmen's compensation acts. disability benefit acts or other employee benefit acts. 6.32. The obligations of CONTRACTOR under para- graph 6.30 shall not extend to the liability of ENGINEER. ENGINEER's consultants. agents or employees arising out of the preparation or approval of maps. drawings. opinions. reports. surveys. Change Orders. designs or specifications. ARTICLE 7-OTHER WORK Rela1ed Work at Site: 7. I. OWNER may perform other work related to the Proj- ect at the site by OWNER's own forces. have other work performed by utility owners or let other direct 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 staning any such other work: and. if CONTRACTOR believes that such perfor- mance wiD 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 11 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 che 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- 18 I I TRACTOR shall not endanger any work of others by cutting. excavating or otherwise altering their work and will only cut or alter their work with the written consent of ENGINEER and the others whose work will be affected, The duties and responsibilities of CONTRACTOR under this paragraph are for :he 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. I I I 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 for OWNER>. CONTRACTOR shall inspect and promptly report to ENGINEER in writing any delays. defects or deficiencies in such work that render it unavailable or unsuitable for such proper execution and results. CONTRACTOR's failure so to report will constitute an acceptance of the other work as lit and proper for integra- tion with CONTRACTOR's Work except for latent or non. apparent defects and deficiencies in the other work. I I I C oordinalion: 7.4. If OWNER contracts with others for the perfor- mance of other work on the Project at the site. the person or organization who will have authority and responsibility for coordination of the activities among the various prime con- tractors will be identified in the Supplementary Conditions. and the specific matters to be covered by such authority and responsibility will be itemized. and the extent of such author- ity and responsibilities will be provided. in the Supplementary Conditions. Unless otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any authority or responsibility in respect of such coordination. I I I I ARTICLE S-OWNER'S RESPONSIBILITIES I 8. J. OWNER shall issue all communications to CON- TRACTOR through ENGINEER. I 8.1. In case of termination of the employment of ENGI- NEER. OWNER shall appoint an engineer against whom CONTRACTOR makes no reasonable objection. whose sta- tus under the Contract Documents shall be that of the former ENGINEER. Any dispute in connection with such appoint- ment shall be subject to arbitration. I I 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. I 8.4. OWNER's duties in respect of providing lands and easements and providing engineering surveys to c:stablish reference points are set forth in paragraphs 4.1 and 4.4. Para- graph ~.1 refers to OWNER's identifying and making avail- able to CONTRACTOR copies of reports of explorations and tests of subsurface conditions at the site and in existing struc- I I tures which have been utilized by ENGINEER in preparing the Drawings and Specifications. 8.5. OWNER's responsibilities in respect of purchasing and maintaining liability and property insurance are set forth in paragraphs 5.5 through 5.8. 8.6. OWNER is obligated to execute Change Orders as indicated in paragraph 10.4. 8.7. OWNER's responsibility in respect of certain inspections. tests and approvals is set forth in paragraph 13.4. 8.8. In connection with OWNER's right to stop Work or suspend Work. see paragraphs 13.10 and I). t. Paragraph 15.2 deals with OWNER's right to terminate services of CON- TRACTOR under certain circumstances. ARTICLE 9-ENGINEER'S STATUS DURING CONSTRUCTION Owners Representative: 9. t. ENGINEER will be OWNER's representative dur- ing the construction period. The duties and responsibilities and the limitations of authority of ENGINEER as OWNER's representative during construction are set forth in the Con- tract Documents and shall not be extended without written consent of OWNER and ENGINEER. Visits to Sue: 9.2. ENGINEER will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to deter- mine. in general, if the Work is proceeding in accordance with the Contract Documents. ENGINEER will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. ENGINEER's efforts will be directed toward providing for OWNER a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site observations as an experienced and qualified design profes- sional. ENGINEER will keep OWNER informed of the prog- ress of the Work and will endeavor to guard OWNER against defects and deficiencies in the Work. Project Representation: 9.3. If OWNER and ENGINEER agree. ENGINEER will furnish a Resident Project Representative to assist ENGINEER in observing the performance of the Work. The duties. responsibilities and limitations of authority \)f any such Resident Project Representative and assistants will be as provided in the Supplementary Conditions. If OWNER designates another agent to represent OWNER at the site who is not ENGINEER"s agent or employee, the duties. responsibilities and limitations of authority of such other person will be as provided in the Supplementary Conditions. 19 I I ClIJIijicaJions and ll1Urp~lIllions: 9.4. ENGINEER will issue with reasonable promptness such wrinen clarifications or interpretations of the require- ments of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may detennine necessary, which shall be consistent with or reasonably inferable from the overall intent of the Contract Documents. If CONTRACTOR believes that a wrinen clarification or interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof. CONTRACTOR may make a claim therefor as provided in Article 11 or Article 12. I I I I AutiuJriud yar:.miD1U in Work: 9.S, ENGINEER may authorize minor variations in the Work from the requirements of me 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 perfonn the Work involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the ContraCt Price or an extension of the Contract Time and the 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. I I I I Rejecting Defective Work: 9.6. ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be defective. and will also ha ve authority to require special inspection or testing of the Work as provided in paragraph 13.9, whether or not the Work is fabricated. installed or completed. I I Shop Drawings, Change Ortkn arui PayfMfIlS: 9.7. In connection with ENGINEER.s responsibility for Shop Drawings and samples. see paragraphs 6,13 through 6,29 inclusive. I I 9.8. In connection with ENGINEER.s responsibilities as to Change Orders. see Articles 10. II and 12. I 9.9. In connection with EN.GINEER's responsibilities in respect of Applications for Payment. etc., see Article 14. I DeunniTUllions for Unit PriJ:8S: 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 deliv~ to the other pany to the Agreement and I I I to ENGINgER written notice of intention to appeal from such a decision. Dlcisions on DispulIs: 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 maners 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 I I and 1:2 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 maner 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 pany within sixty days after such occurrence unless ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim. 9.12. When functioning as interpreter and judge under paragraphs 9.10 and 9,ll. ENGINEER will not show par- tiality to OWNER or CONTRAcrOR 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 EN G INEER pursuant to paragraphs 9.10 and 9, I I 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 CONTRAcrOR 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. Limilluions on ENGINEER's ResponsibiJi.ties: 9.13. Neither ENGINEER's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by ENG INEER in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of ENGINEER to CONTRACTOR. any Sub- contractor, any Supplier, or any other person or organization performing any of the Work. 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 tenns of like effect or import are used. or the adjectives "reasonable'.. "suitable'., "acceptable'.. "proper'. or "satisfactory" or adjectives or like effect or import are used to describe a requirement. direction. review or judgment of ENGINEER as to the Work. it is intended that such requirement. direction. review or judgment will be solely to evaluate the Work for compliance with the Contract Docu- ments (unless there is a specific statement indicating other- wise). The use of any such term or adjective shall not be 20 I I 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. I I 9.15. ENGINEER will not be responsible for CON- TRACTOR's means. methods. techniques. sequences or pro- cedures of construction. or the safety precautions and pro- grams incident thereto. and ENGIN EER will not be respon- sible for CONTRACTOR's failure to perform or furnish the Work in accordance with the Contract Documents. I I 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. I I ARTICLE IO--CHANGES IN THE WORK I 10.1. Without invalidating the Agreement and without notice to anv 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 prompdy proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). I I 10.1. If OWNER and CONTRACTOR are unable to agree as to the extent. if any. of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Work Directive Change, a claim may be made therefor as provided in Article II or Article 11. I I 10.3. CONTRACTOR shall not be entitled to an increase in the Contract Price or an ex.tension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended. modified and supple- mented as provided in paragraphs 3.4 and 3.5. except in the case of an emergency as provided in paragraph 6.:!1 anu e.xcept in the case of uncovering Work as provided in para. graph 13.9. I I I 10.4. OWNER and CONTRACTOR shall execute appro. priate Change Orders (or Written Amendments) covering: I 10A.I. I:hanges in the Work which are ordered by OWNER pursuant to paragraph 10.1. are required because of acceptanl.:e of defl!cril'e Work under paragraph 13.1 ~ or correcting dl!fecril'e Work under paragraph 13. [4. or are agreed to by [he parties: I 10.4,1. I.:hanges in the Contract Price or Contract Time which are agrc:ed to by the parties: and I 10.4.3. changes in the Contract Price or Contract Time which embody the substance of any written decision ren- dered by ENGINEER pursuant to paragraph 9.)): provided that. in lieu of executing any such Change Order. an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable Laws and Regulations. but during any such appeal. CON- TRACTOR shall carry on the Work and adhere to tfle prog- ress schedule as provided in paragraph 6.29. 10.5. If notice of any change atTecting the general scope of the Work or the provisions of the Contract Documents (including. but not limited to. Contract Price or Contract. Time) is required by the provisions of any Bond to be given to a surety. the giving of any such notice will be CONTRAC- TOR's responsibility. and the amount of each applicable Bond will be adjusted accordingly. ARTICLE II-CHANGE OF CONTRACT PRICE 11.1, The Contract Price constitutes the total compen- sation (subject to authorized adjustments) payable to CON- TRACTOR for performing the Work. All duties. responsibil- ities and obligations assigned to or undertaken by CON- TRACTOR shall be at his expcnse without change in the Contract Price. /1,2. The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to ENGrNEER 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 I unless ENGrNEER allows an additional period of time to ascertain more accurate data in suPPOrt of the claim) and shan be accompanied by c1aimant's written statement that the amount claimed covers an known amounts (direct. indirect and con- sequential) to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by ENGINEER in accor- dance with paragraph 9.11 if OWNER and CONTRACTOR cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph II.!. 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 shan be determined in one of the following ways: 11.3.1. Where the Work involved is covered by unit prices contained in the Contract Documents. byapplica- tion of unit prices to the quantities of the items involved (subject to the provisions of paragraphs 11.9.1. through 11.9.3. inclusivel. 11 I I 11.3.1. By murua! acceptance of a lump sum (which may include an allowance for overhead and profit not necessarily in accordance with paragraph 11.6.2.1). I 11.3.3. On the basis of the Cost of the Work (deter- mined as provided in paragraphs 11.4 and 11.5) plus a CONTRACTOR's Fee for overhead and profit (deter- mined as provided in paragraphs 11.6 and 11.7). I I Cost of llu Work: 1104. The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR in the proper performance of the Worle. Except as otherwise may be agreed to in writing by OWNER. such costs shall be in amounts no higher than those prevailing in the locality of the Project. shall include only the following items and shall not include any of the costs itemized in paragraph 11.5: I I I 1104.1. Payroll costs for employees in the direct employ ofCONTRAcrOR in the performance of the Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include. but not be limited to. salaries and wages plus the cost of fringe benefits which shall include social security contributions. unemployment. excise and payroll taxes. workers' or workmen's compensation, health and retirement benefitS, bonuses. sick leave. vacation and hol- iday pay applicable thereto. Such employees shall include superintendents and foremen at the site. The expenses of performing Work after regular working hours. on Satur- day, Sunday or legal holidays. shall be included in the above to the extent authorized by OWNER. I I I I 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. I I I I 11.4.3. Payments made by CONTRACTOR to the Subcontractors for Work performed by Subcontractors. If required by OWNER. CONTRACTOR shall obtain competitive bids from Subcontractors acceptable to CON- TRACTOR and shall deliver such bids to OWNER who will then determine. with the advice of ENGINEER. which bids will be accepted. If a subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the Subcontractor's Cost of the Work shall be determined in the same manner as CONTRAC. TOR's Cost of the Work. All subcontracts shall be subject I I I to the other provisions of the Contract Documents insofar as applicable. 1104.4. Costs of special consultants (including but not limited to engineers, architects. testing laboratories, sur- veyors. attorneys and accountants) employed for services specifically related to the Work. 11.4.5. Supplemental costs including the following: 1104.5. 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. IIA..s.~. Cost. including transportation and maio. tenance. of all materials. supplies. equipment. machin- ery. appliances. office and temporary facilities at the site and hand tools not owned by the workers. which are consumed in the performance of the Work. and cost less market value of such items used but not consumed which remain the property of CONTRACTOR. 11.4.5.3. Rentals of all construction equipment and machinery and the parts thereof whether rented from CONTRAcrOR or others in accordance with rental agreements approved by OWNER with the advice of ENGINEER, and the COStS of transportation. loading, unloading, installation. dismantling and removal thereof-all in accordance with terms of said rental agreements. The rental of any such equipment. machin- ery or parts shall cease when the use thereofis no longer necessary for the Work. . 11.4.5.4. Sales. consumer. use or similar taxes related to the Work. and for which CONTRAcrOR is liable. imposed by Laws and Regulations. 11.4.5.5. Deposits lost for causes other than negli- gence of CONTRACTOR. any Subcontractor or any- one directly or indirectly employed by any of them or for whose acts any of them may be liable. and royalty payments and fees for permits and licenses. It .4.5.6. Losses and damages (and related expenses). not compensated by insurance or otherwise. to the Work or otherwise sustained by CONTRACTOR in connection with the performance and furnishing of the Work (except losses and damages within the deductible amounts of property insurance established by OWNER in accordance with paragraph 5.9). pro- vided they have resulted from causes other than the negligence of CONTRACTOR. any Subcontractor, or anyone directly or indirectly employed by any of them 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 22 I I requires reconstruction and CONTRACTOR is placed in charge thereof. CONTRACTOR shall be paid for services a fee proportionate to that stated in paragraph 11.6.2. I I IIA.5.i. The cost of utilities. fud and sanitary facilities at the site. I 1104.5 .8. ~linor expenses such as telelZrams. long distance telephone calls. telephone service- at the site~ expressage and similar petty cash items in connection with the Work. I 1104.5.9. Cost of premiums for additional Bonds and insurance req uired bec:lUse of changes in the Work and premiums for property insurance covernlZe within the limits of the deductible amounts established b\' OWNER in accordance with paragraph 5.9. . 11.5. The term Cost of the Work shall not include any of the following: I I 11.5.1. Payroll costs and other compensation of CON. TRACTOR's officers. executives. principals lof partner. ship and sole proprietorships!. general manal!ers. enlZi- neers. architects. estimators. allo'"rneyS, audito;s. accou-n- tams. purchasing and contracting agents. expeditors. timekeepers. clerks and other personnel employed by CONTRACTOR whether at the site or in CONTRAC. TOR's principal or a branch office for general administra. tion of the Work and not specificallv included in the alZreed upon schedule of job classificatio~s referred to in para. graph 11.4. I or specifically covered by paragraph 11.4.4- all of which are to be considered administrative COStS covered by the CONTRACTOR's Fee. I I I I 11.5.2. Expenses "r CONTRACTOR's principal and branch offices other than CONTRACTOR's office at the site. I 11.5.3. Any part ofCONTRACTOR's capital expenses. including interest on CONTRACTOR'S capital employed for the Work and charges against CONTRACTOR for delinquent p:lyments. I 11.5.4. Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same (except for the cost of premiums covered by sub. paragraph 1104.5.9 :lbove). 11.5.5. Costs due to the negligence of CONTRAC- TOR. any Subcontrn..:tor. or anyone directlv or indirectJ\' employed by any of t;,~m or for who"e act~ any of the~ may be li:l!'ll~. il1.:I'.Iuinj; but not limiteJ to. the ~orrection of Jl!j,'c (iI. \'.'urk. Jisposal l1f materials or equipment wrongly SlJ, -d i:.. ~ "":Iking good any damuge to prop. erty. I I I I 11.5.6. Other o\'erhead or general expense costs or' any kind and the costs of any item not specifically ,md expressly induded in par.lgr.lph II A. I CONTRACTOR's Fee: 11.6. The CONTRACTOR's Fee allowed to CONTRAC- TOR for overhead and profit shall be detennined as follows: /1.6.1. a mutulllly acceptable fixed fee: or if none can be agreed upon. (1.6.2. a fee based on the following percentages of the various portions of the Cost of the Work: 11,6.1.1. for costs incurred under parngrnphs 11.~.1 and 11 A.~. the CONTRACTOR's Fee shall be fifteen percent: 11.6.1.2. forccsts incurred under paragraph 11.4.3. the CONTRACTOR's Fee shall be f.ve percent: and if a subcontract is on the basis of Cost of the Work Plus a Fee, the maximum allowable to CONTRACTOR on account of overhelld and profit of all Subcontractors shall be fifteen percent: 11.6.2.3. no fee sh:lll be payable on the basis of costs itemized under paragraphs II AA. 11 A.5 and 11.5: 11.6.2.4. the amount of credit to be allowed by CONTRACTOR to OWNER for any such change which results in a net decrease in cost will be the amount of the actual net decrease plus a deduction in CONTRAC. TOR's Fee by an amount equal to ten percent of the net decrease: and 11.6.2.5. when both additions and credits are involved in anyone change. the adjustment in CON- TRACTOR's Fee shall be computed on the basis of the net change in accordance with paragmphs 11.6.2.1 through /1.6.204. inclusive. 11.7. Whenever the cost of any Work is to be determined pursuant to paragraph 1104 or 11.5. CONTRACTOR will submit in form acceptable to ENGINEER an itemized cost breakdown together with supporting data. Cash Allowances: 11.8. It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be done by such Subcontractors or Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGI- NEER. CONTRACTOR agrees that: /1.8,1. The allow:lnces include the cost to CON- TRACTOR (less any applicable trade discounts) of mate- rials and equipment required by the allowances to be deliv- ered at the site. and all applicable taxes: :lnd 11.8.2. CONTRACTOR's costs for unloading and handling on the site. la!'lor. installation costs. overhead. profit and other expenses contemplated for the allow,lnces have been includec.l in the Contract Price and not in the 13 I I allowances. No demand for additional payment on account of any thereof will be valid. 1 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. 1 1 Unit Price Work: 11.9.1. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work.. initially the Contract Price will be deemc:d 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 detennining an initial Contract Price. Detenninations of the actual quan- tities and classifications of Unit Price Work perfonned by CONTRACTOR will be made by ENGINEER in accor- dance with Paragraph 9.10. 1 1 I I 11.9.2. Each unit price will be deemed to include an amount considered by CO?'-l1R.ACTOR to be adequate to coverCONTRACTOR.s overhead and profit for each sep- arately identified item. I 1 11.9.3. Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Agreement and there is no corresponding adjustment with respect to any other item of Work and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof. CON- TRACTOR may make a claim for an increase in the Con- tract Price in accordance with Article 11 if the parties are unable to agree as to the amount of any such increase. I I 1 ARTICLE 12--CHANGE OF CONTRACT TIME I 12.1. The Contract Tune may only be changed by a Change Order or a Written Amendment. Any claim for an extension or shortening of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to ENGINEER promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be deliv- ered within sixty days after such occurrence (unless ENGI- NEER allows an additional period of time to ascertain more accurate data in 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 c:hims for adjustment in the Contract Tune 1 I I. 1 shall be detennined 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. 12.1. 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 O\VNER or others performing additional work as contemplated by Article 7, or to fires. floods. labor disputes. epidemics, abnonnal weather conditions or acts of God. 12.3. All time limits stated in the Contract Documents are of the essence of the Agreement. The provisions of this Article- 12 shall not exclude recovery for damages (inCluding but not limited to fees and charges of engineers, architectS, attorneys and other professionals and cOurt and arbitration costs) for delay by either party. ARTICLE 13-W ARRANTY AND GUARANTEE: TESTS AJ.'lD INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK Warranl}' and GlllI1TIIIUe: 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. Accm to Work: 13.2. ENGINEER and ENGINEER's representatives. other representatives of OWNER. testing agencies and gov- ernmental agencies with jurisdictional interests wiU 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 Ot Regulations of any public body having jurisdiction require any Work (or part thereoO to specmcally 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 24 I I be responsible for and shall pay all costs in connection with any inspection or testing required in connection with OWN- ER's or ENGINEER's acceptance of a Supplier of materials or equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to CON- TRACTOR's purchase 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), I I I 13.5. All inspections. tests or approvals other than those required by Laws or Regulations of any public body having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or by ENGI~EER if so specified). I I 13.6. If any Work (including the work of others) that is to be inspected. tested or approved is covered without written concurrence of ENGINEER. it must. if requested by ENGI- NEER. be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given ENGINEER timely notice ofCONTRACTOR's inten- tion to cover the same and ENGINEER has not acted with reasonable promptness in response to such notice. I I 13.i. 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. I I Uncovering Work: D.8. lfany Work is covered contrary to the written request of ENGINEER. it must. if requested by ENGI:-';EER. be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense. I I 13.9. If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or inspected or tested by Others. CONTRACTOR. at ENGINEER's request. shall uncover. expose or otherwise make available for observation. inspection ~r testing as ENGI:-':EER may require, that portion of the Work in question. furnishing ::Ill necessary labor. material and equipment. If it is found that such Work is defecti\','. CONTRACTOR shall.be:J.r:J.1l direct. indirect and consequential costs of such uncovering. expo- sure. observation. inspection and testing and of s.ltisfactor\' reconstruction. (incluuinlZ but not limited to fees :.lOd charlZ':~ of -engineers. architects. -;ttorneys and other pn>tessionaisl. and OWN ER shall be entitled to an appropriute Jecrease in the Contract Price, anJ. if the parties are unable tl.) alZree o.s to the ::Imuunt thereof. may make a claim therefor:1:' pr~videu in Article II. If. ho\\ ev.:r. ~uch Wl.lrk is not fl.lund to t1e deJi'c.tin'. CO~TRACTOR ~hull be allowed an increase in the Cl.lntr..lI;t Pri\.1. ."1' ..il ..::\\c:nsiun or the Contra~t Time. l'r both. Jirectly .1ltritllltabk ll.l such uncovering. c:xposure. observation. inspc:ction. testing and reconstructll'n: :.IOJ. if the parties are unable lU agree as tu the amount I.lr extent I I I. I I I: thereof, CONTRACTOR may make a claim therefor as pro- vided in Articles (I and 12. Owner May Stop the Work: 13.10. If the Work is de/ectil'e. or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will confonn 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 OWN ER to stop the Work shall not give rise to any duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or . any other party. Correction or Removal of Defectille Work: 13./1. If required by ENGINEER. CONTRACTOR shall promptly, as directed. either correct all defectil'e Work. whether or not fabricated. installed or completed. or. if the Work has been rejected by ENGINEER. remove it from the site and replace it with nondefecti\'e Work. CONTRACTOR shaH bear all direct, indirec: :lnd \:onsequential costs of such correction or removal !including but not limited to fees and charges of engineers. architects. attorneys and other profes- sionals) made necessary thereby. One Year Correction Period: 13.12. If within one year after the date of Substantial Completion or such longer period of time as may be pre. scribed by Laws or Regulations or by the terms of any appli- cable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents. any Work is found to be de/mil'e. CONTRACTOR shall promptly. without cost to OWNER and in accordance with OWNER's written instructions. either correct such defective Work. or. if it has been rejected by OWNER. remove it from the site and replace it with Ilondefecti\'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 defe,.th'e Work cor- rected or the rejected Work removed and replaced. and all direct. indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers. architects. attorneys and other professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion of all the Work. the correction period for that item may Slnrt to run from an earlier date if so provided in the Specifications or by Written Amendment. Acceptance of Defective Work: 13.13. If. instead of requiring correction or removal and replacement of dl!fl!t'til'l! Work. OWNER (and.' prior to ENGIN EER's recommenJation of final payment. also ENGIN EERl prefers to uccept it. OWNER may do so. CON- TRACTOR shall bear all Jirecl. indirect and consequential :!5 I I 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 II. If the acceptance occurs after such recommendation. an appropriate amount will be paid by CONTRACTOR to OWNER. I I I I OWNER May Correct D~f~ctiv~ Work: I 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 13.1 I. or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents. or if CON- TRACTOR fails to comply with any other provision of the Contract Documents, OWNER may, after seven days' writ- ten notice to CONTRACTOR. correct and remedy any such deficiency. In exercising the rights and remedies under this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and remedial action. OWNER may exclude CONTRACTOR from all or part of the site. take possession of all or part of the Work, and suspend CON- TRACTOR's' services related thereto. take possession of CONTRACTOR's tools. appliances, construction equipment and machinery at the site and incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow OWNER, OWNER's represen- tatives. agents and employees such access to the site as may be necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct, indirect and con- sequential costs of OWNER in exercising such rights and remedies will be charged against CONTRACTOR in an amount approved as to reasonableness by ENGINEER. and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work: and OWNER shall be entitled to an appropriate decrease in the Contract Price. and, if the parties are unable to agree as to the amount thereof. OWNER may make a claim therefor as provided in Article II. Such direct, indirect and consequen- tial costs will include but not be limited to fees and charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or replacement of CONTRACTOR's defective Work. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in per- formance of the Work attributable to the exercise by OWNER of OWNER's rights and remedies hereunder. I I I I I I. I I I I I I ARTICLE 14-PA YMENTS TO CONTRACTOR AND COMPLETION Sch~duJ~ of Values: 14. I. 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. Application for Progress Paym~Tll: 14.2. At least twenty days before each progress payment is scheduled (but not more often than once a month). CON- TRACTOR shall submit to ENGINEER for review an Appli- cation for Payment filled out and signed by CONTRACTOR covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. Ifpayment 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 OWl':lER has received' the materials and equipment free and clear of all liens , charges. security interests and encumbrances (which are hereinafter in these Genera! Conditions referred to as "Liens") and evidence that the materials and equipment are covered by appropriate property insurance and other arrangements to protect OWNER' s interest therein, all of which will be sat- isfactory to OWNER. The amount of retainage with respect to progress payments will be as stipulated in the Agreement. CONTRACTOR's Wamznty of Title: 14.3. CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any Appli- cation for Payment. whether incorporated in the Project or not, will pass to OWNER no later than the time of payment free and clear of all Liens. R~v~w of Appliauions for Progr~ss Paym~nt: 14.4, ENGINEER will, within ten days after receipt of each Application for Payment. either indicate in writing a recommendation of payment and present the Application to OWNER. or return the Application to CONTRACTOR indi- cating in writing ENGINEER's reasons for refusing to rec- ommend payment. In the latter case. CONTRACTOR may make the necessary corrections and resubmit the Applica- tion. Ten days after presentation of the Application for Pay- ment with ENGINEER's recommendation. the amount rec- ommended will (subject to the provisions of the last sentence of p~ph 14.7) become due and when due will be paid by OWNER to CONTRACTOR. (In accordance with the Georgia Prompt Pay Act ) 14.5. ENGINEER's recommendation of any paymentrequested in an Application for Payment will constitute a 26 I I.. I I I 1 I I I I I I I I I I I I I~ representation by ENGINEER to OWNER. based on ENGI- NEER's on-site observations of tht: 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 the Work as a functioning whole prior to or upon Substantial Completion, to the resulls 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. ENGINEF: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 subsequemly discovered evidence or the results of subsequent inspections or tests. nullify any such payment previously recommended. to such extent as may be necessary in ENGIN EER's opinion to protect OWNER from loss because: 14,7.(, the Work is defecri\'e, or completed Work has been damage? requiring correction or replacement. t-L 7.:!. the Contract Price has been reduced by Writ- ten Amendment or Change Order. 14.7,3. OWNER has been required to correct defftC'- rh'e Work or complete Work in accordance with paragraph 13.14:or I-U.4. of ENGINEER's actual knowledge of the occurrence of any of the eVents enumerated in paragraphs 15.l.1 through 15.l.9 inclusive. OWNER may refuse to make payment of the full amount recommended by ENGINEER because claims have been made against OWNER on account ofCONTRACTOR's per- form::lnce or furnishing of the Work or Liens have heen filt:d in connection with the Work or there 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 ENGINEER) stating the reasons for such action. Substantial Completion: 14.8, When CONTRACTOR considers the entire Work ready for its intended use CONTRACTOR shall notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for items specifically listed by CONTRACTOR as incomplete) and request that ENGI- NEER issue a certificate of Substantial Completion. Within a reasonable time thereafter, OWNER. CONTRACTOR and- ENGINEER shall make an inspection of the Work to deter- mine the status of completion. If ENGIN EER does not con- sider the Work substantially complete. ENGINEER will notify CONTRACTOR in writing giving the reasons therefor. If ENGINEER considers the Work substantially complete. ENGINEER will prepare and deliver to OWNER a tentative certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or cor- rected before final payment, OWNER shall have seven days after receipt of the tentative certificate during whiCh to make written objection to ENGINEER as to any provisions of the certificate or attached list. If, after considering such objec- tions. ENGINEER concludes that the Work is not substan- tially complete, ENGINEER will within fourteen days after submission of the tentative certificate to OWNER notify CONTRACTOR in writing. stating the reasons therefor. If. after consideration of OWNER's objections. ENGINEER considers the Work substantially complete, ENGINEER will within said fourteen days execute and deliver to OWNER and CONTRACTOR a definitive certificate of Substantial Completion (with a revised tentative list of items to be com- pleted orcorrecced) 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 \\lith respect to security, operation. safety. maintenance. heat. utilities, insurance and warranties, unless OWNER and CONTRACTOR agree otherwise in writing and so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Subsl::lntial 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 OWN ER shall allow CONTRACTOR reasonat:>le access to complete or correct items on the tentative list. Partial Uti/i:ation: 14.10. Use by OWNER of any finished part of the Work. which has specifically b~~n identified in the Contract Do~u- 27 I I 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 Worle. may be accomplished prior to Substantial Completion of all the W orle subject to the follow- ing: I I 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 certificatc of Substantial Completion for that part of the Work, CON- TRACTOR at any time may notify OWNER and ENGI- NEER in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substan- tially complete and request ENGINEER to issue a certif- icate of Substantial Completion for that part of the Work. Within a reasonable time after either such request. 0 WNER. CONTRACTOR and ENGINEER shall make an inspec- tion of that part of the Work to detcrmine its S\ams of completion. lfENGINEER does not consider that part of thc 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. 1 I I 1 I I I 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 completc. A copy of such request will be sent to ENGINEER and within a reasonable time there- aftcr 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 completcd 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 rcady for separate operation by OWNER. ENGINEER will finalize the list of items to be completed or corrected and will deliver such list to OWNER and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final payment between OWNER and CONTRACTOR with respect to security. operation. safety, maintenance, utilities, insur- ance. warranties and guarantees for that part of the Work which will become binding upon OWNER and CON- TRACTOR at the time when OWNER takes over such operation (unless they shall have otherwise agreed in writ- ing and so informed ENGINEER). During such operation and prior to Substantial Completion of such part of the Work. OWNER shall allow CONTRACTOR reasonable access to complete or correct items on said list and to complete other related Worle. I I. I. I. I I; I I: 14.10,3. No occupancy or separate operation of part of the Work will be accomplished priorto compliance with the requirements of paragraph 5.15 in respect of property insurance. FinD1lnsp~ction: 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 immcdiately take such measures as are necessary to remedy such defi- ciencies, FinD1 Appliaztion 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 thc Work is acceptable (sub- ject to the provisions of paragraph 14.16). CONTRACTOR may make application for final payment following the pro- cedure for progrcss payments. The final Application for Pay- ment shall be accompanied by all documentation called for in the Contract Documents. together with complete and legally effective releases or waivers (satisfactory to OWNER) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by OWNER. CONTRACTOR may furnish receipts or releases in full: an affidavit of CON- TRACTOR that the releases and receipts include all labor. services, material and equipment for which a Lien could be filed. and that all payrolls. material and equipment bills, and other indebtedness connected with the Work for which OWNERorOWNER's property might in any way be respon- sible, have been paid or otherwise satisfied: and consen.t 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, Final Paym~Tll and Accept/Z1lce: 14,13. If, on the basis of ENGINEER's observation of the Work during construction and final inspection. and ENGINEER's review of the final Application for Payment and accompanying documentation-all as required by the Contract Documents. ENGINEER is satisfied that the Work has been completed and CONTRACTOR's other obligations under the Contract Documents have been fulfilled. ENGI- NEER will. within len days after receipt of the final Appli- cation for Payment. 'indicate in writing ENGINEER's rec- ommendation of payment and present the Application to OWNER for payment. Thereupon ENGINEER will give written notice to OWNER and CONTRACTOR that the Work is acceptable subject to the provisions of paragraph 14,16. 28 I I Otherwise, ENGINEER will return the Application to CON- TRACTOR. indicating in writing the reasons for refusing to recommend final payment, in which case CONTRACTOR shall make the necessary corrections and resubmit the Appli- cation. Thirty days after presentation to OWNER of the Application and accompanying documentation, in appropri- ate form and substance. and with ENGINEER's recommen- dation and notice of acceptability. the amount recommended by ENGINEER will become due and will be paid by OWNER to CONTRACTOR. (In accordance with the Georgia Prompt Pay Act). 14.14. If. through no fault of CONTRACTOR, final com- pletion of the Work is significantly delayed and if ENGI- NEER so confirms, OWNER shall. upon receipt of CON- TRACTOR's final Application for Payment and recommen- dation of ENGINEER. and without terminating the Agree. ment. make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in the Agree- ment. and if Bonds have been furnished as required in para- graph 5. I. the written consent of the surety to the payment of the balance due for that portion of the Work fully com- pleted and accepted shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such payment shall be made under the terms and conditions gl?v- erning final payment, except that it shall not constitute a waiver of claims. I I I 1 I I I I Contractors Continuing Obligation: 14.15. CONTRACTOR's obligation to perform and com- plete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by ENGINEER. nor the issuance of a cer- tificate of Substantial Completion. nor any payment by OWNER to CONTRACTOR under the Contract Documents. nor 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- stitute an acceptance of Work not in accordance with the Contract Documents or a release of CONTRACTOR's obli- gation to perform the Work in accordance with the Contract Documents (except as provided in paragraph 14.16l. I I 1 I I Wah'er of Claims: 14.16. The making and acceptance of final payment will constitute: I 14.16.1. J waiver of all claims by OWNER against CO~TRACTOR, except claims arising from unsettled Liens. from dt',!,'('(in' Work appearing after tinal inspec- tillO pursuant to paragraph 14.11 or from failure tl) comply \\'ith the Contract Documents or the terms of any special guarantees specified therein: however. it will mll consti- tute a waiver by OWN ER of any rights in respect of I I I CONTRACTOR's continuing obligations under the Con- tract Documents; and 14.16.2. a waiver of all claims by CONTRACTOR against OWNER other than those previously made in writ- ing and still unsettled. ARTICLE 15-SUSPENSION OF WORK AND 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 date so fixed. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if CONTRACTOR makes an approved claim therefor as provided in Articles 11 and 12. Owner May Terminate: 15.2. Upon the occurrence of anyone or more of the following events: 15.2.1. if CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code (Title II. United States Code), as now or hereafter in effect, or if CON- TRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency: 15.2.2. if a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing. or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to bankruptcy or insolvency,: 15.2.3. if CONTRACTOR makes a general assignment for the benefit of creditors: 15.2.4. if a trustee. receiver. custodian or agent of CONTRACTOR is appointed under applicable law or under contract. whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such propeny 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 due: 15.2.6. if CONTRACTOR persistently fails to perform the Work in accordance with the Contract Documents 29 I I (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): I I 15.1.7. if CONTRACTOR disregards Laws or Regu- lations of any public body having jurisdiction: 15.1.8, if CONTRACTOR disregards the authority of ENGINEER: or I 15,1.9. if CONTRACTOR otherwise violates in any substantial way any provisions of the Contract Docu- ments: I OWNER may, after giving CONTRACTOR (and the surety. if there be one) seven days' written notice and to the extent permitted by Laws and Regulations. terminate the services of CONTRACTOR. exclude CONTRACTOR from the site and take possession of the Work and of all CONTRACTOR's tools, appliances. construction equipment and machinery at the site and use the same to the full extent they could be used by CONTRACTOR (without liability to CONTRACTOR for trespass or conversion). incorporate in the Work all materials and equipment stored at the site or for which OWNER has paid CONTRACTOR but which are stored elsewhere. and finish the Work as OWNER may deem expedient. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct, indirect and consequential costs of completing the Work (including but not limited to fees and charges of engineers, architects, attor- neys and other professionals and court and arbitration costs) such excess will be paid to CONTRACTOR. If such costs exceed such unpaid balance, CONTRACTOR shall pay the difference to OWNER. Such costs incurred by OWNER will be approved as to reasonableness by ENGINEER and incor- porated in a Change Order, but when exercising any rights or remedies under this paragraph OWNER shall not be required to obtain the lowest price for the Work performed. 1 I I I I I I I I I' 15.3. Where CONTRACTOR's services have been so terminated by OWNER. the termination will not affect any rights or remedies of OWNER against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of moneys due CONTRACTOR by OWNER will not release CONTRACTOR from liability. 15.4. Upon seven days' written notice to CONTRAC- TOR and ENGINEER. OWNER may, without cause and without prejudice to any other right or remedy, elect to aban- don the Work and terminate the Agreement, In such case. CONTRACTOR shall be paid for all Work executed and any expense sustained plus reasonable termination expenses, which will include. but not be limited to, direct. indirect and con- sequential costs (including. but not limited to. fees and charges of engineers. architects. attorneys and other professionals and cOUrt and arbitration costs). ContrTU:tor May 5tDp Work or Terminate: 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 sum finally deter- mined to be due. then CONTRACTOR may, upon seven d:ty:;' writtcn notice to OWNER and ENGINEER. terminate the Agreement and recover from OWNER payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement. if ENGINEER has failed to act on an Appli- cation for Payment or OWNER has failed to make any pay- ment as aforesaid, CONTRACTOR may upon seven days' written notice to OWNER and ENGINEER stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve CONTRACTOR of the obligations under paragraph 6.29 to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with OWNER. . [The remainder of this page was left blank intentionally.] I I I~ 30 I I I I I I I I I I I I I I I I I I I ARTICLE 16--ARBITRATION 16.1 A~ claims, disputes and other matters in question between OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu- ments or the breach thereof shall be decided under Georgia Law in the Superior Court of Richmond County, Georgia. (The remainder of this page was left blank intentionally.) 31 I I I I I I I I I I I I I 1 1 I I I I (This page was left 'blank. intentionally.) 32 I I ARTICLEI7--MUSCELLANEOUS I Gil/ing Notke: 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. I I CompuilJJUJn atTime: 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. I I 17.2.2. A calendar day of twenty-four hours measured from midnight to the next midnight shall constitute a day. I General: 17.3. Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error. omis- I I I I I I I I I I I sion or act of the other party or of any of tbe 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 15,1 and all of the rights and remedies available to . OWNER and ENGINEER thereunder. are in addition to, and are not to be construed in any way as a limitation of. any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations. by special warranty or guarantee or by other provisions of the Contract Documents. and the provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obliga- tion. right and remedy to which they apply. All representa- tions. warranties and guarantees made in the Contract Doc- uments will survive final payment and termination or com- pletion of the Agreement, 33 I I I I , I I I I I I I I : I , I I , I I I I I I 1.1 1.2 SUPPLEMENTARY CONDITIONS OWNER'S LIABllJTY & PROPERTY INSURANCE: Section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General Condition shall be amended as follows: No additional liability or property msurance will be purchased by Augusta Richmond County for this project. Current insurance coverages will remain in effect for the life of this Contract. CONTRACTOR'S LIABILITY: As indicated under Section 5.3 of the General Conditions, the Contractoe s Liability Insurance shall be in an amount not less than $200,000 for injuries, including accidental death, to anyone person, and subject to the same limit for each person, in an amount not less than $500,000 on account of one accident, and Contractor's Property Damage Insurance in an amount not less than $100,000 for all property damage sustained by anyone person in anyone accident; and a limit of liability of not less than $200,000 for any such damage sustained by two or more persons in anyone accident. The Contractor shall either (1) require each of his subcontractors to procure and to maintain during the life of his subcontract, Subcontractor's Liability and Property Damage Insurance of the type and in the same amounts as specified in the preceding paragraph, or (2) insure the activities of his subcontractors in his own policy. 1.3 SPECIAL HAZARDS: The Contractor's and his Subcontractor's Liability and Property Damage Insurance shall provide adequate protection against the following special hazards: (a) Work within the right-of-ways of the Augusta Richmond County Road System, (b ) Work within easements granted by property owners in connection with the construction of the project. ( c) Work in close proximity to existing water lines, power lines, telephone lines, gas lines, other utilities and private structures contiguous to the job site. SC-I I I I I I I I I , Ii Ii I Ii I I I I I I: I I 1.4 1.5 1.6 TESTING LABORATORY All testing and laboratory work in connection therewith shall be petformed by an independent firm and paid for by the Contractor. Copies of all test reports shall be forwarded to Augusta Richmond County Public Wodes. There will be no separate payment for this work. SURVEYS: The Contractor will provide surveying for conStruction staking~ horizontal control and vertical control as necessary. PROGRESS PAYMENT: Section 14.2 of the General Conditions shall be amended as follows: The Contractor may submit monthly estimates for work completed and materials properly stored as approved by the Engineer. When an estimate includes materials stored, a bill of sale, invoice or other documentation warranting that the Owner is receiving the material free and clear of all leins, charges, security interest and other encumbrances shall be attached to the payment request. 1.7 ENGI~EER All references to "Engineer" shall be interpreted to mean the Augusta Richmond County Engineer, or his official designee. 1.8 UNDERGROUND UTILITIES: (References 4.3, 1.4,3.2) The Contractor shall coordinate with all utility companies through the "one call" method Of other appropriate steps to locate and avoid damage to all utilities that may affect or be affected by the Contractor's work. 1.9 SAFETY: (Reference 6.20) The Contractor shall use certified flagmen, barricades and signs as necessary to notify the public, in particular those persons driving in the vicinity of the project, of the construction and its affect on traffic. SC-2 .---.::-- I II II II. il I I I I I I I I I I I I I I SECTION P PROPOSAL Date: 8- /9 - 0 '3 Gentlemen: In compliance with your invitation for bids dated 8 - " , 200L the undersigned hereby proposed to furnish all labor, equipment, and materials, and to perform all work for the installation of drainage improvements referred to herein as: Resurfacing Various Roads, Phase VllI . Project Number: 324-04-203824045 In strict accordance with the Contract Documents and in consideration of the amounts shown on the Bid Schedule' attached hereto and totaling: ALTERNATE A: N;JJ'C..If"I\JOtl.F~ ~oA....7:.. ~ Dol)~.s ) ALTERNATE B: NiAJE HWJeuD +O4.~. S';;;IIEN rtffv..sA-AJtJ ~ U.lJNDAE'O ~:r, ONe i:>olf~ AN. NO,.!,.... '.1 - DOLLARS ($ q 'I? c./~I ~ ) , The undersigned hereby agrees that, upon written acceptance of this bid, he will within 10 days of receipt of such notice execute a formal contract agreement with the OWNER, and that he will provide the bond or guarantees required by the Contract Documents, . The undersigned hereby agrees that, if awarded the contract,. he will commence the work within 10 calendar days after the date of written notice to proceed, and' that he will complete the work within 200 calendar days, The undersigned acknowledges receipt of the following addenda: Respectfully submitted BEAM'5 G'..;rti.Ac7,'AJ1 'I.,.Ic- (Name of Firm) 2335"" -+~ lid. bid :rs~~~, s c. (Business Address) By: ~AAJt ~~ Title: _P/lLS-; ~ P-l I , , , , , , , II II II II II 5-15-03 RESURFACING VARIOUS ROADS, PHASE VIII PROJECT NUMBERS: 323-04.203824045 DETAILED ESTIMATE ALTERNATE A THERMO SOLID STRIPE, 4. t/ () ~ 653-1604 18" white LF 700 30'it> - THERMO SOLID STRIPE, K= 00 653-1804 8" WHITE CROSSWALK LF 400 J.. .7,0 ~- THERMO SKIP STRIPE, ~ 653-3502 5" YELLOW GLF 1,000 O. r, I?o - THERMO SKIP STRIPE, -g~~ 653-6501 5" WHITE GLF 1 ADO O.(j~ PROJECT TOTAL 8S g 9 '1/ ~ . -- - .. - ... - ***PLEASE SEE PAGE SP-1 FOR DETAILS ON MilLING ALTERNATE "A" AND ALTERNATE "8" - - - P-3 I I I I 1 I 1 I I I I I I I I I I I I RESURFACING VARIOUS ROADS PHASE VIII PRIO~ITY SHEET :~~I~~\i:t,STREEr;;_~Ji~ r"~MINI......;/,:~ LENGTH D~~~i~I,CT ;: ;..I\l:"~'~""'i;'t~,';i."":"'>I, .... . t!1';,:;'~~h ',~, "~"'{"':1 :./ ,.'~~\!j l: 111-:( "'liT "','l"""~'" . 'il'j. ..::""'Wi ,'.... ,'it' .., ,,-:1,1.... ...iii!, ;i".'r!, ;::1'~,' [-/- ,~,!it;:1t.i:<~:;~\:';: ".1.11,_ ,; , .-nh-;r:~""" '11_"', . 1:--" ',; '.-""-: -,'_ ";-"-';~'l- R8 2278 Huntinaton Rd. Overton Rd. to Overton Rd. 0.319 1 R8 2228 Oakland Ave. Hiahland Ave. to Monte Sano Ave. 0.24 1 R8 2217 Oakland Ave. Bransford Rd. to Hiahland Ave. 0.492 1 R8 2129 Old Twiaas St. Lanev Walker Blvd. to (New) Twiaas St. 0.123 1 R8 2431 Parnell St. Druid Park Ave. to EmmellSt. 0.063 1 R8 1866 Siblev St. Revnolds St. to Broad St. 0.059 1 R8 2328 Telfair St. Gardner St. to Battle Row 0.14 1 R8 2746 Telfair St. Crawford Ave. to Eve St. 0.153 1 R8 2326 Telfair St. Milledqe Rd. to Hickman Rd. 0.141 1 R8 2420 Holden Dr. #1216 to Holden Ct. 0.154 2 R8 2733 HollvSt. Poolar St. to Steiner Ave. 0.465 2 R8 2071 HollvSt. Roulette La. to Poolar St. 0.101 2 R8 2406 Verderv St. Beman St. to Laurel St. 0.066 2 R8 1614 Heather Dr. W.Lake Forest Dr. to Kamel Dr. 0.477 3 R8 1613 Heather Dr. S.E.Side Of Heather Dr. Bubble 0.1 3 R8 1959 Hiram Rd. Heard Ave. to Beain Turknette Sorinas Rd. 0.085 3 R8 1220 Interstate Parkwav Perimeter Parkway to Wheeler Rd. 0.683 3 R8 1223 J Dewev Grav Cir. (west) Medical Center Dr. to Devore PI. 0.445 3 R8 1222 J.Dewev Grav Cir. (wesll Medical Center Dr. to Devore PI. 0.413 3 R8 1648 Lake Forest Dr. #3049 (E. Of Bransford Rd.) to Camelia Rd. 0.998 3 R8 2174 Lombardv Ct. Peachtree Rd. to Buena Vista Rd. 0.129 3 R8 2753 Meias St. Richmond Ave. to Central Ave. IS/S\ 0.112 3 R8 2193 Meias St. Wriqhtsboro Rd. to Richmond Ave. 0.089 3 R8 2390 Meias St. Walton Way to McDowell St. 0.285 3 R8 2754 Meias St. Central Ave. IMedian) to McDowell St. 0.1 3 R8 1110 Nassau Dr. Jackson Rd. to Jamaica Dr. 0.86 3 R8 2209 Queens Wav. Johns Rd. to Milledqe Road 0.073 3 R8 1098 Ridae Wood Dr. Wriahtsboro Rd to Cui De Sac 0.382 3 R8 1120 Scarlett Dr. Martinique Dr. to Cui De Sac 0.145 3 R8 1108 Sorinafield Cir Tanalewood.Dr. to Tanqlewood Dr. 0.249 3 R8 1105 Wedaewood Dr. Oakridge Dr. to Dead End 0.484 3 R8 1892 Hillsinaer Rd. Kellv St to Cascade Dr. (East side Newer Pavinq) 0.394 5 R8 907 Hooie Rd. Milledaeville Rd. to Rozellz Rd. 0.276 5 R8 1987 Sorina St. Wriahtsboro Rd. to Irvin St. 0.087 5 R8 1521 Inaleside Dr. Henderson Dr. to Boyscout Rd. 0.198 7 R8 1288 Kinas Chaoel Rd. Washinqton Rd.to Crane Ferrv Rd. 0.705 7 R8 1408 Smith St. Glenwood Dr. to Eisenhower Dr. 0.192 7 R8 98 Neotune Dr. Cul-De-Sac to North Side of #1938 0.53 8 R8 2454 R.A. Dent Blvd.l13th St. 0.037 M. S of Walton Wav. to Wriqhts. Rd.lSoell 0.925 12&5 R8 1216 Glennhills Drive Barton Chaoel to Bobbv Jones Ex. 1.035 5 R8 1587 Gordon Ln Battle Row-Milledae Rd 0.17 1 TOTAL MI 13.137 L-1 :< u (") )> r U) rrJ () -; o z ~ 5> CD ,.... ", ~ ~ 5> CD ,.... ", ~ -~.L \ \ ~ \ ~ \~ \ I I fl ~ o ... ";t,- o< ~ '"C ~ n o z n ~ ;;J , ::; + ~ g I gJ I S I ~ I ~ I ~ I ~ I CO) I I I U Z o M ;0 ., ~ CD-o z -< ~ ,." -l ("') x :r: I t/) ...,.., - -i 0'0 :z :z rr1 C) C) Zn.", "'C C),...- )>: - < Z r- ,..., rr1 rr1 :;:: rr1 < ,.., :::0 rr1 Z . r- -i - I Z. "'C C) ~ -i () o .I. 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Ii; ~ S t; MoIAu.v In t; ! i ! j In ; i ~AI'E !'l f !'l ~ ~ ~Ro i llATllHsr , fJ ~ / / ~ N W+E VAUEYWE CT f! S 11IO"'" CREEK RO III llIoGHaJAA\'E t, /; i.NlJfalD l.a 2.BERKtl ) QlOV , YORl( , /----~ s !fl6'tfl.l. N W*E (!i\ i .,pP~ . t / ' "'" Qo Ii! I IJ.UFF r:r I """<EYf() """.Ell "Ill CIR ~ .."""V PI. d WOOD- WINDS N'T' W+E ~ S ~~ N W+E s ~! C;;EORQIA REGIONAL MooAl ""$PITA!. ~ ~ S ~ \'NlE OR "'YIlD RAWlEY ~OR / -------- / N W+E to l 8 / s , l' /. ~ -1~ '0,. \ /j <(j ~ ~~ N W*E s o G .- o.EHI' o ~O~~ ~Cr I " N I W+E I S I I R~$ 1 I ~sr \UluRNsr Sf II I I ~ i i!l ~ t Ii; ! I I I I I I I I I I I I I I I I I I I GENERAL NOTES MASTER COPY REVISED 3 - 06 - 03 RLC GENERAL NOTES ADJUSTING MINOR STRUCTURES TO GRADE: This item consists of raising or lowering the upper portion of existing manholes, water valve boxes, gas valve boxes or any other miscellaneous structures within the area of construction. There will be no separate payment for this work unless shown as a separate pay item. *Prior to any resurfacing the contractor shall identify and reference all structures so the precise locations can be determined after resurfacing. This shall be done in the company of the ARC Inspector. This shall be the first order of work where minor structures requiring adjustment are included in the contract. AGGREGATE SURF ACE COURSE: The item aggregate surface course is for use in inclement weather to facilitate the movement of local traffic along roadway construction and to permit ingress and egress at drives. When used for this purpose, Section 318, Georgia Standard Specifications, is modified to permit truck dumping on unprepared and muddy sub grade. Section 318 is further modified to permit the use of crusher run stone as described in Subsection 806.02. The Contractor will have the choice of the following materials. Graded Aggregate Coarse Aggregate Size 467 Stabilizer Aggregate Type 1 or 2 Crushed Stone Subsection 815.01 Subsection 800.01 Section 803 Subsection 806.02 All materials to be used as directed by the Engineer. AS-BUILT PLANS: The Contractor shall furnish a complete, legible set of "as-built" plans, in good condition, to the Project Inspector prior to the date of the Final Inspection. Such plans shall have all significant changes marked in red. The Project Inspector shall review the marked plans for accuracy, legibility and completeness. After the Project Inspector approves and signs the redlined plans, a qualified engineering firm, selected by the contractor, shall make arrangements to obtain the original approved plans from G-l 1 I 1 I I I I I I I I I I I I I I I I 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. COMPACTION: All compaction shall be as defined in the current edition of Georgia department of Transportation Specifications. Special attention shall be given to the backfill of minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.). Compaction shall be achieved using approved tamps and soil layers of approximately 6 inches (loose measure) and in accordance with Georgia Department of Transportation Standards 1030-D and 1401. Backfilling operations of this nature shall not begin until the Contractor has on hand all equipment in good working condition, and competent operators. The backfilling of pipe and other minor structures shall be in accordance with Georgia Department of Transportation Standard specifications, Current Edition. Backfilling with sand using jetting and/or flooding will not be allowed in any case without the written permission of the Engineer. NOTE: When sand and jetting/flooding method is used the warranty for the backfilled area is extended from 12 months to 24 months, A plan for the jetting/flooding shall be submitted at the 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 slump tests as directed by the Engineer. Tests shall be performed by qualified personnel with a properly cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class "A" concrete shall have a minimum of 611 lbs. Cement per cubic yard. Class "B" concrete shall have a minimum of 470 lbs. Cement per cubic yard. Concrete not meeting these requirements will be rejected by the Engineer. NOTE: No concrete shall be placed 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 I I I I I I I I I I I I I I I I I I I placed without the Inspector present unless otherwise directed by the Engineer. All concrete shall be placed during the Inspectors normal working hours, 8:30 a.m. to 5:00 p.m. unless otherwise directed by the Engineer. Formed surfaces shall receive finish immediately after removing forms. Forms shall be removed as provided in Section 500 of GA.DOT Specifications. CONSTRUCTION: Transition ties of proposed curb and gutter to existing curbs (valley gutter, granite curb, header curb, etc.) shall be paid for in the unit price bid for curb and gutter unless otherwise noted. At locations where new pavement is to be placed adjacent to existing pavement, without an overlay, or where curbing is to be placed across paved parking lots, a joint shall be sawed on a line to ensure pavement removal to be neat. Only those joints sawed in concrete pavement will be paid for under the pay item-Sawed Joints. . . per Linear 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 caused by the new construction. He may place additional fill to provide drain inlets. Compensation will be under the price bid for the appropriate pay item. Driveway profiles may also be altered allowing the concrete pad to slope down outside the back of the curb line not to exceed an algebraic difference of 0.07. This should be used primarily on the high side of super-elevated curves. The Contractor should use caution with standard variance and place special emphasis on hydraulic considerations. The Contractor shall provide borrow and/or waste pits for this project. All pits acquired for use on this project shall be reclaimed in accordance with Subsection 107.23 and Section 160 of the Standard Specifications and page PP A -1 of this document. All storm drain pipe, side drain pipe, pipe culvert wing-walls, steps, retaining walls, curbs and gutters, headwalls, all types of pavement, wooden structures, except those specifically shown as a removal pay item will be removed as Clearing and Grubbing, Grading Complete, 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- W are to be used at all street intersections on this proj ect. G-3 I I I I I I I I I 1 I I 1 I 1 I I I I Asphalt milling where specified for use on existing pavement that is to be resurfaced adjacent to curb and gutter. Finished surface on asphalt pavement shall not exceed W' above the gutter line as shown on Georgia Standard 9031-1. 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: The Contractor shall prepare a schedule identifying the primary construction activities and/or phases for constructing this project. This schedule shall be presented at the Pre-Construction Conference. 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 his/her designated representative. EROSION AND SEDIMENT CONTROL: The Contractor shall be responsible for all soil erosion and sediment control practices. All on-site erosion control shall comply with local Augusta Richmond County erosion and sediment control ordinances. The cost of this work shall be included in the cost of Lump sum Construction unless shown as a separate pay item. EXCESS MATERlAL: All excess material is to be disposed of as directed by the Engineer or as noted in Subsection 107.23 of the Specifications and in accordance with page PP A-I. G-4 I I I I I I I I I I I I I I I I I I I 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 handle traffic, as specified in the Plans or Special Provisions, and as required by the Engineer. All Flaggers shall meet the requirement of part 6F of the MUTCD and must have received training and a certificate upon completion of the training from a Department approved training program. Failure to provide certified Flaggers as required above shall be reason for the Engineer suspending work involving the Flagger(s) until the Contractor provides the certified Flagger(s). Flaggers shall wear a fluorescent orange cap or hat, and a fluorescent orange vest, shirt, or jacket, and shall use a Stop/slow paddle meeting the requirements of Section 6F-2 of the MUTCD for controlling traffic. The Stop/slow paddle shall have a shaft length of seven (7) feet minimum. In addition to the stop/slow paddle, a flagger may use a 24-inch square red/orange flag as an additional device to attract attention. For night work, the vest shall have reflectorized stripes on front and back. Signs for Flagger traffic control shall be placed in advance of the flagging operation in accordance with the MUTCD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of the presence of the flagger shall be placed beyond the point where traffic can reasonably be expected to stop under the most severe conditions for that day's work. FOUNDATION BACKFILL MATERIAL, TYPE I: G-5 I I I I I I I I I I I I 1 I I I I I I Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications. No separate payment will be made for this material or its placement. FOUNDATION BACKFILL MATERIAL, TYPE II: Foundation Backfill Material, Type II shall conform to Georgia Standard 1030-D and Section 207 of the Standard Specifications and shall be used in wet/unstable conditions as directed by the Engineer. It shall also be used beneath all concrete box culverts. Quantities shall be measured for payment in accordance with Georgia Standard 1030-D or as directed by the Engineer. Payment shall be per cubic yard unless otherwise specified in the contract. GRADES: With the approval of the Engineer, grades may be field adjusted to provide for best drainage. GRADING: In contracts where grading, including excavation for drainage structures, is accomplished under Section 210 (Grading Complete or Grading Per Mile) or Section 230 (Lump Sum Construction), the Lump Sum amount bid will include all work necessary to obtain the line, grade and compaction in accordance with the Specifications and other contract documents, There will be no separate payment for any work of this nature including borrow and the removal of unsuitable and/or unstable material. However, the Contractor shall make whatever investigations he deems necessary to determine the extent of any borrow or removal necessary to meet contract requirements. If it develops that removal of unsuitable/unstable materials quantities could not have been predicted by the contractor from a reasonably thorough investigation of project conditions, the Contractor may request negotiation for payment for excavation of this nature in areas where the depth exceeds three (3) feet below sub grade. The Owner will consider negotiation only when this type of removal is excessive and the Contractor provides evidence that he thoroughly investigated project conditions prior to entering his bid. Only those quantities in excess of three (3) below finished 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 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. G-6 I I I I I I I I I I I I I I I I I I I All slope areas are to be grassed unless shown otherwise on plans. Temporary grass is required if permanent grass season is out. The Contractor shall be responsible for all soil erosion and sediment control measures, All on-site erosion control shall comply with local erosion and sediment control ordinances. The cost of this work shall be included in the cost of the project unless shown as a separate pay item, All unpaved and natural areas which are disturbed by the construction of this project are to be returned to the pre-existing shape and slope and then finished and dressed. No separate payment will be made for grassing, fertilizing and mulching of disturbed areas, unless specifically shown as a pay item. Discontinued roads or other areas inside or outside the project construction limits, but within the existing or required right-of-way, shall be obliterated and restored as nearly as possible to the original contour of the ground (see Section 205 of the Standard Specifications). No separate payment will be made for this work. Where item number 700-6001 is shown as a pay item, Georgia Department of Transportation specifications are modified to provide that the lump sum price bid shall be full payment for all fertilizer, lime and nitrogen. No separate measurement for payment will be made for any work or materials required to accomplish a stand of permanent grass. 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. 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 G-7 I I I I I I I I I I I I I I I I I I I will be no separate pay for staking, including Perimeter Staking and for Spring Application of Fertilizer, All costs shall be included in prices bid for Landscape Items. Bag grown plants are not acceptable, 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 conflict with the proposed construction shall be removed and relocated. Where feasible the existing mailboxes and supports may be utilized as approved by the Engineer so long as the supports are of metal PIPE with a maximum diameter of two(2) inches or wood, with a maximum diameter of four(4) inches. Note: There shall be no supports of any material other than the two mentioned above, All existing mailboxes and supports containing brick, masonry of any type, metal, etc. shall be disassembled and all components, not meeting the above requirements, shall be removed from the project and disposed in a proper manner, When not shown as a pay item, payment shall be included in the price bid for Lump Sum Construction and itemized as such. MISCELLANEOUS DRAlNAGE STRUCTURES: All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes, Junction Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or special design shall be paid for Per Each. There will be no separate payment for additional depth unless specifically shown as a pay item. NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., with concrete topslabs shall include manhole rings and covers. 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 of the ARC Inspector when approved by the Engineer. Payment for the contractor's testing company will be the responsibility of the contractor. (See article below on TESTING. PATCHING AND REPAIR OF MlNOR DEFECTS: G-8 I I I I I I I I I I I I I I I I I I I Where needed, the contractor is required to patch and repair existing potholes, minor pavement defects and base failures in accordance with the Specifications. PAVEMENT CUTS: All pavement cuts shall be sawed with a neat vertical edge, regardless of material, consistently straight enough that a roller can follow the edge precisely to achieve the desired compaction. Irregular edges will not be accepted. Payment shall be included in the price of the pipe. PAYMENT FOR PIPE CULVERT INSTALLATION: I. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement and replacing the pavement as specified in accordance with Standard 1401. 2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B" concrete (See Georgia Standard 9031- L). 3. Payment for pipe culvert includes any required Concrete collars (See Georgia Standard 9031-U). 4. All concrete storm drain and longitudinal pipe shall include O-ring gaskets. PIPE CULVERTS: Unless otherwise noted, all storm drain, longitudinal and stub pipes are to be reinforced concrete. All required pipe culverts shall be in accordance with Standard I mO-D. Foundation Backfill Material Type I shall conform to Georgia Standard I030-D. No separate pay item will be made for this material or its placement. Payment for pipe culvert or utility installation includes sawing and/or cutting and removing existing pavement sidewalk, curbing, etc., and replacing same as specified in accordance with Standard 1401. Payment for pipe culvert includes plugging existing pipe with Class "A" or ''E'' concrete and for constructing concrete collars. The contractor shall include in his price bid for pipe, the additional cost of bends, tees, fasteners, appropriate gaskets (see Section 848 of the Standard Specifications), and structure excavation. PRECAST CONCRETE UNITS: Precast Concrete Units, other than those specifically allowed by Georgia Department of Transportation Specifications, such as Drop Inlets, Catch Basins, Manholes, etc., G-9 I I I I I I I I I I I I I I I I I I I shall not be installed without written permission from the Engineer. Any such units installed without such written permission shall be removed from the project. RELOCATED WATER METERS: Relocated water meters and water meter boxes may not be placed in the sidewalk. REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD: It shall be the contractor's responsibility to remove and reset any and all existing ornamental shrubs and bushes and sod in conflict with proposed construction. Coordination with the property owners is essential in this endeavor. The contractor will not be held responsible for care and maintenance after removing and resetting these plants and sod except in cases where the Contractor's equipment causes irreparable damage or where plants and/or sod dies as the result of negligence on the Contractor's part. In which cases, the Contractor will be held responsible for replacement. Sod shall be reset with ground preparation in accordance with Subsection 700,05.A. No additional soil or fertilizer is required for resetting sod. The Contractor shall remove the sod in a manner that will be conducive to insuring that the reset sod will live, At the contractor's option, he may replace any sod he removes with new sod of the same type, No separate payment will be made for this work or replacements unless specifically shown as a pay item, REMOVlNG AND RESETTING OF OBSTRUCTIONS: It shall be the Contractor's responsibility to remove and reset any and all obstructions, such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete entrance columns, etc., which are in conflict with construction. Contractors are responsible for the security of pets and/or personal property through the use of temporary fence if necessary. No separate payment will be made for this work except when shown as a separate pay item. RlGHT-OF-WAY AND EASEMENTS: The Contractor shall not perform any work outside the limits of the right-of-way or easements. In addition, no equipment or material shall be placed outside these areas without written permission of both the property owner and the Engineer. In the event that the Contractor elects to utilize private property for any purpose connected with the project, such as, but not limited to, staging areas, equipment and/or material storage or simply as a convenience, he shall submit a written agreement to the Engineer containing vital information such as limits of both area and time the property is to be utilized and a description of the intended use. The agreement must be signed by both the property owner and the Contractor and will be reviewed and G-IO I I I I I I I I I I I I I I I I I I I recorded by the Engin~er. Such agreements must be submitted pnor to the contractor's use of the property. 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 be paid for separately. Unless specifically noted this does not apply to pipe 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, consideration will be given to extending the contract time in an amount commensurate with the delay caused by such work stoppages provided the Contractor has otherwise pursued the work diligently. SPECIFICATIONS, STANDARDS AND OTHER DATA: G-ll I I I I I I I I I I I I I I I I I I I All references in this document, (includes all papers, writings, documents, drawings, or photographs used, or to be used, in connection with this document), to State Highway of Georgia, State Highway Department, Highway Department, or Department when the context thereof means the Georgia Department of Transportation means, and shall be deemed to mean, Augusta-Richmond County, Augusta-Richmond County Commission-Council Department of Engineering Services. The data, together with all other information shown on these plans, or indicated in any way thereby, whether by drawings or notes or in any other matter, are based upon field investigations and are believed to be indicative of actual conditions. However, the same are shown as information only, are not guaranteed, and do not bind Augusta- Richmond County, Georgia in any way, Only the actual quantities completed and accepted will be paid for. The attention of the bidder is specifically directed to Subsections 102.04, 102,05, and 104.03 of the Standard Specifications, of the Georgia Department of Transportation, current edition, which will be part of this contract. This project is based on, and shall be constructed in accordance with, the State of Georgia Department of Transportation Standard Specifications for Construction of Roads and Bridges, current edition and any supplements thereto. All of these specifications shall be considered as 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 mterpretation 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 project, shall be submitted at the Preconstructnon 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 noted on the plans. Unless otherwise specified, the costs associated with this shall be included in Bid Item 230-1000 Lump Sum Construction and described in the itemization of Lump Sum Construction. STORM DRAIN PIPE: Unless otherwise noted, all storm drain, longitudinal and stub pIpe are to be reinforced concrete and shall include O-ring gaskets. G-12 I I I I I 1 I I I I I I I I I I I I 1 SUBCONTRACTORS: The Contractor shall furnish the official name, plus the name and telephone number of the 24 hour emergency contact of all firms he proposes to use as Subcontractors in the work. This information is to be furnished at the Preconstruction Conference, However, no work shall be done on this project by a Subcontractor until the Contractor receives approval of his Subcontractor(s) from the Engineer. NOTE: All submissions shall include the following information for each Subcontractor: 1) Name of Subcontracting Finn 2) Description of Work To Be Done 3) Contact Person's Name and 24 Hour Phone Number 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 ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS PROPER TO CONTROL THE QUALITY OF THE WORK. All test results are to be submitted to the Engineer. No separate payment will be made for employing the testing laboratory or any required tests. TEST ROLLING: Prior to placing any base course, the sub grade shall be test rolled on six feet centers using a loaded dump truck or other equipment approved by the Engineer. TRAFFIC CONTROL: The Contractor shall provide construction signs in accordance with requirements of ''Manual on Uniform Traffic Control Devices for Streets and Highways", current edition with added supplements and special provisions, The attention of the Contractor is specifically directed to Subsection 107.09 of the Standard Specifications regarding barricades, danger, warning, and detour signs. G-13 1 I I I I I I I I I I I 1 I I I 1 I I All temporary signs, barricades, flashing lights, striping and any other traffic control devices required during construction of this project shall meet all requirements of the M,U.T.C.D., current edition, as directed by the Engineer and be furnished by the Contractor with payment in accordance with Section 150. The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic on the travelway, This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way, traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. The Contractor shall provide all temporary traffic control devices needed to safely direct traffic through the construction area. All temporary traffic control devices are to be placed in accordance with Georgia Department of Transportation Standards and Specifications. TRAFFIC DETOURS: Where detours are required and in accordance with Section 150 of the Standard Specifications and any Supplements thereto, the Contractor shall file for approval a detour plan of operation for this project. This plan shall include details of staging and rerouting of traffic including estimated length of time for use of the detours. The Contractor shall so conduct his operations that there will be a minimum of interference with, or interruption of, traffic upon and along the roadway. This applies to the initial installation and the continuing maintenance and operation of the facility. At least one-lane, two-way traffic shall be maintained at all times unless approved otherwise by the Engineer. As a minimum, the Contractor must comply with the Manual on Uniform Traffic Control Devices, current edition and Georgia Standard 9102. UNIFORMED POLICE OFFICERS: When shown as a pay item Uniformed Off-Duty Police Officers shall be used as directed by the Engineer. The bid price 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. G-14 I I I I I I I I I I I I I I I I I 1 I The Contractor will not be paid for any delays or extra expense caused by utility facilities obstructions or any other items not being removed or relocated to clear construction in advance of his work. All known utility facilities are shown schematically on the plans, and not necessarily accurate in location as to plan or elevation. Utility facilities such as service lines or unknown facilities not shown on the plans will not relieve the Contractor of his responsibility under this requirement except as noted below. "Existing Utility Facilities" means any utility facility that exists on the highway project in its original, relocated or newly installed position. Other than service lines from street mains to the abutting property the contractor will not be held responsible for the cost of repairs to damaged underground utility facilities when such facilities are not shown on the plans and their existence is unknown to the Contractor prior to the damage occurring, providing the Engineer determines the Contractor has otherwise fully complied with the Specifications. The Contractor shall use the one-call center telephone number 1-800-282-7411 for the purposes of coordinating the marking of underground utilities. The Contractor's attention is directed to the probability of encountering private utility installations consisting of sanitary sewers, water, sprinkler systems, omamentallight systems, gas and underground telephone cables that either are obstructions to the execution of the work and need to be moved out of the way or, if not, must be properly protected during construction. No separate payment will be made for this work. Public utilities of this nature except Augusta Utilities and Augusta Traffic Engineering will be handled by the utility owner. THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGlNS: 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. O. Box 457 Wrens, GA 30833 Telephone (706) 547-2167 Attention: Rov Chambers G-15 I I I I I I I I I I I I I I I I I I I Comcast P. O. 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: ATTENTION DENNIS NORVIEL UTILITY ACCOMMODATION POLICY: In so far as possible, work shall be scheduled so that open excavations will not be left overnight. Where trenches, pits or other excavations are within the clear roadside areas and cannot be backfilled before leaving the job site, they shall be covered by timbers or metal plates and protected by reflectorized and/or lighted barricades as appropriate and as directed by the Engineer. Barricades sufficient to prevent a person from falling into an excavated or work area must be erected in areas where these conditions exist. VERTICAL GRADES: No 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 12-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 1 I I I I I I I I I I I I I 1 I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA SPECIAL PROVISION SECTrON 150-TRAFFIC CONTROL August 28, 1995 First Use: October 20,1995 Modification of Special Provision Section 150 - Traffic Control (Rev. June 21, 1994) Retain Section 150 as written and add 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 Detail~ · Typical By-Pass Detour for Two-Lane Highway · Typical Detour Across Median · Transition of 4-Lane Divided Highway to 2-Lane Highway · Traffic Control General Notes, Standard Legend, Miscellaneous Details In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated September 3, 1993. 150.02 WORK ZONES: Delete "Work Zones" and substitute: Temporary Traffic Control Zones. 150,02. 8.2,: Delete last sentence and substitute: Channelization device spacing shall be 10 feet for 200 feet in advance of the temporary gore, and 10 feet for the first 100 feet of the temporary gore. 150.03. F.1. MATERIALS - INTERIM SIGNS: Retain as written and add second paragraph, Posts for all interim signs shall be constructed to yield upon impact unless the posts are protected by guardrail, portable barrier, impact attenuator or other type of positive barrier protection. Unprotected posts shall meet the breakaway requirements of the "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 affecting the undercarriage of a vehicle. 15Q,Q3.H. -CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF WARNING FLAGS. Delete first sentence of second paragraph and substitute: Construction warning signs which are mounted at less than seven feet in height (portable signs) shall have two 18 inch x 18 inch fluorescent red-orange or orange,red warning flags mounted on each sign. ~c-/ 1 I I I I I 1 I I 1 I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 150.04,E.2.a.2.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid lines are required. 150.04, E.2.b,1.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid lines are required, 150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all references to Type 9 and substitute Type 11 {eleven}, 150.10 PAYMENT: ltem No. 641 - Delete reference to Type 9 and substitute Type 11 (eleuen). SPECIAL PROVISION SECTION 150-TRAFFIC CONTROL June 22,1994 First Use: July 24, 1994 Modification of Standard Specifications, 1993 Edition Retain Section 150 as written and add the following: For this project, all references in the Standard Construction Details listed below to Type I Barricades, Type II Barricades, Type "A" flashing-lights and Type "C" steady burn lights are deleted, except that Type "C" lights will be required for tapers in nighttime lane ~losures. Standard Construction Details · Typical By-Pass Detour for Two-Lane Highway · Typical Detour Across Median · Transition of 4-Lane Divided Highway to 2-Lane Highway · Traffic Control General Notes, Standard Legend, Miscellaneous Details In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated September 3, 1993. Detail "A" as shown on Georgia Standard 4960 is deleted. SPECIAL PROVISION SECTION 150-TRAFFIC CONTROL Rev. June 21, 1994 First Use: July 24,1994 Rev,: August 16, 1994 Modification of the Standard Specifications, Current Edition Delete Section 150 as written and substitute the following: 150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTeD shall be considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and removing necessazy traffic signs, barricades, lights, signals, cones, pavement markings and other traffic control de'~~, and shall include flagging and other means for guidance and protection o{vehicular and -r- /"" _ :/ I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA pedestrian traffic through the Work Zone, This Work shall include both maintaining existing devices (excluding Traffic Signals) and installing additional devices as necessary in construction work zones. Wben any provisions of this Specification or the Plans do not meet the minimum requirements of the Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition of the MUTCD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration of the project. A. The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor (WTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's traffic control responsibilities shall have priority over all other assigned duties. As the representative of the Contractor, the WTCS shall have full authority to act on behalf of the Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in safe traffic control practices in accordance with Part VI of the' MUTCD. In addition to the WTCS all others making decisions regarding traffic control must meet the training requirements of Part VI of the MUTCD, On projects where traffic control duties will not require full time supervision, the Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as satisfactory results are obtained. The WTCS shall have a copy of the MUTCD on the job site. Copies of current MUTeD may be obtained from: U.S, Government Printing Office Superintendent of Documents Mail Stop: SSGP Washington, D.C, 20402-9328 The WTCS shall be available on a 24-hour basis as needed to maintain traffic control devices with access to all personnel, materials and equipment necessary to respond effectively to an emergency situation within forty-five (45) minutes of notification of the emergency, The wrcs shall supervise the initial installation of traffic control devices which will be reviewed by the Engineer prior to the begin:ni.ng of construction, Modifications to traffic control devices as required by sequence of operations or staged construction must be reviewed by the WTCS, The WTCS shall regularly perform inspections to ensure that traffic control is maintained, B. All traffic control devices used during the construction of a project shall meet the Standards utilized in the MUTeD, and shall comply with the requirements of these Specifications, Project Plans, and Special Provisions. Reference is made to Subsections 104,05, 107.07, and 107.09. C. All reflectorization for construction (black on orange) signs, object markers, and channelization devices shall meet the requirements of Section 913, Type 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 supplement the approved traffic control plan. Any major changes to .the approved traffic control plan, proposed by the Contractor, are to be submitted to the Department for approval in accordance with Subsection 104.03 of the Standard Specifications. . . . -r-C'-3 . I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Some additional traffic control details will be required prior to any major shifts of traffic. The traffic control details shall include, but not be limited to, the following: 1. A detailed drawing showing traffic location and laneage for each step of the change, 2. The location, size, and message of all signs required by the MUTCD, Plans, Special Provisions, and other signs as required to fit conditions. 3, The method to be used in, and the limits of, the obliteration of conflicting lines and markings. 4, Type, location, and extent of new lines and markings. 5, Horizontal and vertical alignment and superelevation rates for detours, including cross section and profile grades along each edge of existing pavement. 6, Drainage details for temporary and permanent alignments. 7, Location, length, and/or spacing of channelization and protective devices (temporary barrier, guardrail, barricades, etc.) 8, Starting time, duration and date of planned change. 9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing workforce, materials, and equipment necessary to accomplish the proposed work. This will be the minimum resource allocation required in order to start the work. The above details shall be submitted to the Engineer for approval at least 14 days prior to the anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has been approved by the Engineer prior to commencement of the physical shift. All preparatory work relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the designated starting time, The Engineer and the Contractor's representative will verify that all conditions have been met prior to the Contractor obtaining materials for the actual traffic shift. F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be maintained in accordance with Subsection 104.05 throughout the 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. If traffic control devices are left in place for more than ten days after completion of the Work, the Department shall have the right ta 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. Tbe Department reserves the right to restrict construction operations when, in the opinion of the Engineer, the continuance of the Work would seriously hinder traffic flow on days immediately before, on, or after holidays or other days in which unusual traffic conditions exist, including threatening or inclement weather. 150,02 WORK ZONES: A. In addition to the other provisions contained herein, work zone traffic control shall be accomplished using the follOwing means and materials: 1. Portable advance warning signs as required by the contract or meeting the requirements of the MUTCD and Sub-Section 150.03, 2, Portable sequential or flashing arrow panels as shown in the Plans or Specifications for use on T ~~~~tate or multi-lane highway lane closure only, shall be a minimum size of 48" high by 96" ~......., .A I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA wide with not less than 15 lamps used for the arrow. The arrow will occupy virtually the entire size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum legibility distance is that distance at which the arrow panel can be comprehended by an observer on a 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 MUTeD, The sequential or flashing arrow panels shall not be used for lane closures on two- lane, t~o-way highways when traffic is restricted to one-lane operations in which case, appropriate signing, flaggers and when required, pilot vehicles will be deemed sufficient. 3, Portable changeable message signs meeting the requirements of Section 632 and the MUTeD. 4. Channelization devices meeting the standards of the 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. 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 shi.fred to the inside lanes for overnight use, the entrance and exit ramps shall have channelization devices placed on both sides of the ramp, The temporary ramp taper length shall be greater than, or equal to, the existing taper length. Interim EXIT gore signs shall be placed at the ramp divergence, Channelization device spacing in the first 100 feet of the temporary gore shall be 25 feet, . 3, Termination Area: The transition to normal or full width highway at the end of a lane closure shall be a maximum of 150 feet, 4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07, the Contractor shall remove all signs, lane closure markings, and devices immediately when lane closure work is completed or temporarily suspended for any length of time or as directed by the Engineer. C. TRAFFIC PACING METHOD: 1. PACING OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the Contractor up to ten (10) minutes maximum to work in or above all lanes of traffic for the following purposes: a. Placing bridge members or other bridge work. b. Placing overhead sign structures. c. Other work items requiring interruption of traffic. The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing light for each direction of pacing, The police officer, Engineer, and flaggers at ramps shall be provided with a radio which will provide continuous contact with the Contractor. . -rc-s- I I I I I 1 I I I I I I I I I 1 I I 1 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA . . When ready to start the work activity, the police vehicle will pull into the travel lanes and act as a pilot vehicle slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform the Work. Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic, with a flagger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be opened after the police vehicle has passed. Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph non-interstate, The. Contractor shall provide a vehicle to proceed in front of the police vehicle and behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared the area. Traffic will not be permitted to stop during pacing except in extreme cases as approved by the Engineer. 2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72 inch) with a Type ''B" flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY" (See Detail ISO-A). A portable changeable message sign may be used in lieu of the W-special sign. On divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted at the sign, and upon notice that the traffic is to be paced shall turn on the flashing light and reveal the sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered or removed. W-special signs are reflectorized black. on orange, Series "e" letters and border of the size specified. ~c-c I I I I I I I I I 1 I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA ,.,o'lf ffil ~ ~ ~ ~ ~ 10. ,. SZ" -I 10. @~ (Q) '~[D) 1S.,' ~2. 'j1S. ~[HJ~~[D) ~~(Q)~] ,o~~~~ w 1:",oL ~... .Lj- T'nlE -S. 'L~JNC Llewl lJ( lTW'FJC SlOE ,. MMeIN , I~. BCRDER 3. IUDIUS SJ. 19,!l. ,. 12" 12- SER. .C. 72. I-sr'f: C I Al S I Qj (TIW"aWrf ,-os T ~TCO J ,. 1%" 12. SER. .C" Sl~ ~L HA~ BLAO: LECE)c) A"Il I(JtO(R CJl CJUHGE Il[Fl[CTOAllED ISAClCRaJHD DETAIL 150-A S" 12" 12" Slll. .C. - ... I. .. RH. .C. S. D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic unless separated by a positive barrier, or when construction activity necessitates otherwise, and shall not reverse direction except at intersections, interchanges, or approved temporary crossings. E, The Contractor shall ensure that dust, mud, and other debris from construction activities do not interfere with normal traffic operations or acijacent 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 acijacent to traffic, H. For their own protection, workers in or acijacent to traffic during nighttime operation shall wear reflectorized vests, / '7'- '7' 1 I I I I I I I I I I I I I I I I I 1 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 1. The parking of Contractor's and/or workers personal vehicles within the work area or adjacent to traffic is prohibited. J. The Worksite Traffic Control Supervisor (WTCS) shall monitor the work to ensure that all the rocks, boulderS, construction debris, stockpiled materials, equipment, tools and other potential hazards are kept clear of the travel way, These items shall be stored in a location, in so far as practical, where they will not be subject to a vehicle running off the road and striking them. K All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate changes to existing walkways, temporary walkways shall be provided and maintained, with appropriate signs as necessary, to allow safe passage of pedestrian traffic. 150.03 SIGNS: A. When required for proper traffic control during construction of the project, all existing guide, warning, and regulatory signs shall be maintained by the Contractor in accordance with these SpecifiCations. Existing street name signs shall be maintained at street intersections. All existing illuminated signs shall remain lighted and be maintained by the Contractor, B, When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered so as not to be visible to traffic. AIl construction warning signs shall be removed within seven calendar . days after time charges are stopped or pay items are complete, Subsequent punch-list or other work to be performed shall be accomplished utilizing temporary construction warning signs that shall be removed daily. C. The Contractor shall not remove any existing signs and supports without prior approval from the Engineer, All existing signs and supports which are to be removed shall be stored and protected as directed by the Engineer, and become the property of the Department unless otherwise specified in the contract documents, D. Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed, reused and maintained by the Contractor in accordance with the MUTCD, the Plans, Special Provisions, or as directed by the Engineer, These signs shall remain the property of the Contractor. The bottom of all interim signs shall be at least seven feet above the level of pavement edge, E. Existing special guide signs on the Project shall be maintained until conditions require a change in location or legend content. When change is required, existing signs shall be modified and continued in use if the required modification can be made within existing sign borders using design requirements (legend, letter size, spacing, border, ete.) equal to that 'of the existing signs, or of Subsection 150.03.E,5. Differing legend designs shall not be mixed in the same sign. 1. SPECIAL GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that are designed with a message content Oegend) that applies to a particular roadway location. When an existing special guide sign is in conflict with work to be performed, the Contractor shall remove the conflicting sign and reset it in a new, non-conflicting location which has been approved by the Engineer. . 2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize existing signs, either in place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new interim special guide signs in accordance with the Plans or as directed by the Engineer, 3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide sign structures are not required to be lighted unless specifically required by the Plans. If lighting is required the sign shall be lighted as soon as erected and shall remain lighted, during the hours of darkness, until the interim sign is no longer required. The Contractor shall notify the Power ('l-~!;any at least thirty (30) days prior to desiring connection to the power source. -rC' - ,>:J 1 I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 4. The installation of new permanent special guide signs and the permanent modification or resetting of existing special guide signs, when included in the contract, shall be accomplished as soon as practical to minimize the use of interim special guide signs, If lighting is required by the Plans, all new permanent overhead special guide signs shall be lighted as soon as erected. 5, Interim special guide signs that may be required in addition to, or a replacement for, existing expressway and freeway (interstate) signs must be designed and fabricated in compliance with the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways" and Part 2F "Guide Signs Freeways" of the MUTeD, except that the minimum size of all letters and numerals in the names of places, streets and highways on all signs shall be 16 inches Series "E" initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48 inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the exit road name or route shield shall be placed on the exit gore sign. F. MATERIALS - INTERIM SIGNS: 1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green or silver paint may be used in He.u of galvanization for steel posts or structural shape posts. Wood posts are not required to be pressure treated, 2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 of the Specifications except that blanks and panels may be ferrous based or other metal alloys, Type 1 and Type 2 sign blanks shall have a minimum thickness of 0,08 inches regardless of the sign type used. Alternative sign blank materials (composites, poly carbonates, fiberglass reinforced plastics, recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research for use as interim construction signs before these materials are allowed to be incorporated into the work. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum. Plywood blanks or panels will not be permitted. G. All existing, interim and new permanent signs shall be installed so as to be completely visible for an advance distance in compliance with the MUTCD. Limbs, brush, construction equipment and materials shall be kept clear of the driver's line of sight to the signs. H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the MUTeD and shall include a series of at least three advance road construction (W20-1) signs placed at the termini of the project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET, AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILE.) On-ramps and at grade intersecting roadways shall be signed with a minimum of one ROAD WORK AHEAD sign. All construction warning signs shall have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each including the project construction signs (G20-1 and G20-2A.) Project mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest whole mile, All construction warning signs on divided highways shall be double indicated (Le., 00 the left and right sides of the roadway.) I. The sequential or flashing arrow panels shall be placed on the shoulder at or near the point where the lane closing transition begins, The panels shall be mounted on a vehicle, trailer, or other suitable support. Vehicle mounted panels shall be provided with remote controls, Minimum mounting height shall be seven feet above the roadway to the bottom of the panel, except 00 vehicle mounted panels which should be as high as practical, J, The portable changeable message sign, when specified, shall be placed ahead of construction activities and shall meet the requirements of Section 632 and the MUTCD, /c- '7 I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA K The flashing beacon assembly, when specified, shall be used in cOrUunction with construction warning signs, regulatory, or guide signs to inform traffic of special road conditions which require additional driver attention. The flashing beacon assembly shall be installed in accordance with the requirements of Section 647, 150,04 PAVEMENT MARKINGS A. Generally, full pattern pavement markings in accordance with Section 652 and in conformance with Section 3A and 3B, except 3B-3 and 3B-5, of the MUTCD are required on all courses before the roadway is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E, During construction and maintenance activities on all highways open to traffic, both existing markings and markings applied under this Section shall be fully maintained until Final Acceptance, If the pavement markings are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering, or construction activities, they shall be restored immediately. On resurfacing projects pavement markings shall be provided on all surfaces that are placed over existing markings. On widening and reconstruction projects (where the lane configuration is altered from the pre-construction layout) pavement markings will be as required by the Plans or the Engineer. On new construction projects pavement marking plans will be provided, B. MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width and shall conform to the requirements of Section 652, except as modified herein. Raised pavement markers (RPMs) shall meet the requirements of Section 654, Markings on the final surface course which must be removed shall be a removable type. The Contractor will be permitted to use paint, thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise directed by the Engineer. Partial (skip) reflectorization (i,e. reflectorizing only a portion of a stripe) will not be allowed. C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of markings in the final lane configuration at the earliest possible stage, Inappropriate or conflicting existing pavement markings shall be removed, When shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall be removed prior to, during, or immediately after any change so as to present the least interference with traffic. Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the project for immediate use. If marking removal equipment failures occur, the equipment shall be repaired or replaced (including leasing equipment if necessary), so' that the removal can be accomplished without delay. Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course, when approved by the Engineer, When an asphaltic concrete overlay is placed for the sole purpose of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid for only once and further traffic shifts in the same area shall be accomplished with removable markings, Only the minimum asphaltic concrete thickness required to cover lines (generally 60 IbJsq, yd. of Asphaltic Concrete "R") will be allowed. Excessive build.up will not be permitted. When an overlay for the sole purpose of eliminating conflicting markings is not allowed, the markings no longer applicable shall be removed in accordance with Subsection 656.02. The elimination of conflicting pavement markings by overpainting with paint or liquid asphalt is not acceptable. D. Raised pavement markers (RPMs) are required as listed below fO.r all asphaltic concrete pavements before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or final surface and is open to traffic, one calendar day is allowed for cleaning arid drying before the ins~ '1.:.t:t~n of RPMs is required. TC-/CJ I I I I I I I 1 I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 1. On Interstate and limited access highways under construction, excluding projects consisting primarily of asphalt resurfacing items, retro-reflective raised pavement markers CRPMs) shall be placed and/or maintained aD intermediate pavement surfaces opened to traffic as follows: a. SUPPLEMENTING LANE LINES: 80 foot centers on skip lines with curvature less than three degrees. anc1udes tangents.) 40 foot centers on solid lines and all lines with curvature between three degrees and six degrees, 20 foot centers on curves over six degrees. 20 foot centers on lane transitions or shifts. b, SUPPLEMENTING RAMP GORE LINES: 20 foot centers, two each, placed side by side. c. OTHER LINES: As shown on the plans or directed by the Engineer. 2. On other highways under construction RPMs shall be used and/or maintained on intermediate pavement surfaces as follows: a. SUPPLEMENTING LANE LINES AND SOLID LINES: 40 foot centers except on lane shifts, (When required in the Plans or Contract.) 20 foot centers on lane shifts, (Required in all cases.) b, SUPPLEMENTING DOUBLE 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 ll.Q..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 ROADWAYS a. SKIP UNES: 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 ma.'timum 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. -rc-// I I I I I I I" I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA Interim raised pavement markers may be substituted for the interim skip (broken) stripes. If raised pavement markers are substituted for the four foot interim skip stripe, four markers spaced at equal intervals over a four feet distance will be required. No separate payment will be made if the interim raised pavement markers are substituted for interimsldp lines. . Interim raised pavement markers shall be retro-reflective, shall be the same color as the pavement markers for which they are substituted, and shall be visible during daytime,' The type of interim marker and method of attachment to the pavement must be approved by the Office of Materials and Research but in no case will the markers be attached by the use of nails. The interim raised pavement markers must be maintained until the full pattern pavement markings are applied. At the time full pattern pavement markings are applied the interim raised markers shall be removed in a manner that will not interfere with application of the full pattern pavement markings. b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three . calendar days where skip centerlines are in place, no-passing zones may be identified by using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the beginning and at intervals not to exceed 1/2 mile within each no-passing zone. A post or portable mOWlted PASS WITH CARE regulatory sign (R4-1 24" x 30") shall be placed at the end of each no-passing zone, Post mounted signs shall be placed in accordance with the MUTCD. Portable signs must have a minimum vertical height of three feet above the pavement surface to the bottom of the sign and be secured in such a manner as to not be easily blown over or misaligned. 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 of less than 60 calendar days except at bridge approaches, on lane transitions, lane shifts, and in such other areas as determined by the Engineer. On the final surface, edgelines must be placed within 30 calendar days of the time that the final surface was placed. (2) All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that are in use for a period ofless than 30 calendar days except at bridge approaches, on lane . transitions, lane shifts, and in such other areas as determined by the Engineer. On the final surface, edgelines must be placed within 14 calendar days of the time that the surface was placed. d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols, words and other similar markings shall be placed on final surfaces conforming to Section 652 within 14 calendar days of completion of the final surface, On intermediate surfaces these markings will generally not be required unless specified by the Engineer because of special conditions or when the intermediate surface will be in use for more than 45 calendar days. 2. MULTI-LANE illGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S) FOUR FEET OR LESS a. UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE) (1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers shall be restored before nightfall. TC-/2.- I I I 1 I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.1.a. may be used for periods not to exceed three calendar days. (3) Edgelines - Edgelines shall be placed on intermediate and final surfaces within three calendar days of obliteration, b. DMDED HIGHWAYS (GRASS OR RAISED MEDIAN) (1) Lanelines - Full pattern skip stripe shall be restored before nightfall. (2) CenterlinelEdgeline - Solid lines shall be placed on intermediate and final surfaces within three calendar days of obliteration, c, Miscellaneous Pavement Markings Same as Subsection 150.04,E,1,d, 3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER THAN FOUR FEET a. Same as Subsection'150.04,E.2, except as noted in (b) below. b, 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 furnish layout, clean as necessary, and preline the surface for the placement of pavement markings applied under this Section. All existing marking tape on final surfaces shall be removed prior to placement of final markings, Pavement markings shall re-establish No-Passing Zones in the locations and configuration that existed prior to construction. Existing No-Passing Zones shall be clearly identified as to location prior to construction by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new location projects and on projects where either horizontal or vertical alignments have been modified, the location of No-Passing Zones will be identified by the Engineer. G. MOBILE OPERATIONS: When pavement markings (centerlines, lane lines, and edge lines) are applied in a continuous operation by moving vehicles and equipment, the following minimum equipment and warning devices shall be required in addition to the requirements of the MUTCD: 1. A lead vehicle is required for two-way traffic conditions and shall have an approved sequential or flashing aIT'OW 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 traffic applications. . 2. The work vehicle applying markings shall have a sequential or flashing arrow panel mounted on the rear, If the work vehicle is also functioning as the lead vehicle then an approved arrow panel shall be mounted so as to be easily visible to oncoming traffic, The work vehicle shall follow directly behind the lead vehicle. 3. The work vehicle placing cones shall follow directly behind the work vehicle applying the markings, The cone work vehicle shall have a sequential or flashing arrow panel mounted on the re,!:l_~. /2::-/3 I I I I 1 I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 4. For multi.lane roadways a protection vehicle shall follow the above vehicles and the protection vehicle shall also display a prominent sign with the legend PASS ON LEFT (RIGHT). On interstate and limited access roadways, the protection vehicle shall be equipped with a truck mounted attenuatar (TMA) that is certified for impacts not less than 45 mph in accordance with NCHRP 230. 5. All vehjcles shall be equipped with the official slow moving vehicle symbol sign and left and right- side rear mounted flashing yellow lights. 150,05 CHANNELIZATION A GENERAL: Channelization should clearly delineate the travel way through the work zone and alert drivers and pedestrians to conditions created by work activities in or near the travelway. Channelization shall be done in accordance with the plans and specifications, the MUTCD, and the following requirements. 1. Types of Devices Permitted for Channelization in Construction Work Zones: a. DRUMS: (1) DESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be reflectorized as required in Subsection 150.0l.C. (2) APPLICATION: Drums shall be used as the required channelizing device to delineate the full length of a lane closure, shift, or encroachment, except as modified by this Subsection. (a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be used on all transition tapers, The minimum length of the approach transition taper for a lane closure, shift, or encroachment for highways with posted speed of 45 mph or greater shall be equal to the lane width oflateral shift eFt.) x the posted speed limit (Mph), (L = WS), but not less than 150 feet. For multiple lane closures, only one lane may be closed per taper with a minimum tangent length of 2L between tapers. The length of a closed lane, excluding the transition taper, will be limited to two mile, unless otherwise approved or directed by the Engineer, Drums shall be placed the full length of the taper spaced at maximum. intervals in feet equal to the numerical speed limit (EXAMPLE: 55 Mph Speed Limit = 55 feet maximum spacing). For taper lengths on urban, residential or other streets where the posted speed is 40 mph or less, the minimum. length of the approach transition taper may be computed using the formula L = WS2/60, Greater taper length shall be used when required for individual situations, Drums with steady burning lights, for the length of the taper only, are required if the condition exists into the night. (b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for various roadside work conditions except as modified by Subsection 150.06. Spacing shall be used for situations meeting any of the conditions listed as follows: (1) 50 FOOT SPACING MAXIMUM: (a) For difference in elevation exceeding two inches. (b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail lS0-E.. -r-/'> _ /C2. I I I I I I I I I I I I I I 1 I I I 1 DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (2) 100 FOOT SPACING MAXIMUM: (a) For difference in elevation of two inches or less. (b) Flush areas where equipment or workers are within ten feet of the travel lane. (3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane. (a) For paved areas eight feet or greater in width that are paved flush with a standard width travel lane, (b) For disturbed shoulder areas not completed to typical section that are flush to the travel lane and considered a usable shoulder. When the appropriate signs are posted advising of conditions such as soft or low shoulder, drums may be removed after shoulders are completed to typical section and grassed and after guardrail or other safety devices have been installed. b. VERTICAL PANELS: (1) DESIGN: All vertical panels shall have a minimum of 270 square inches ofretro-reflective area facing the traffic and shall meet the requirements of the MUTCD. (2) APPLICATION: Lane encroachment by the drum on the travelway should permit a remaining lane width often feet. When encroachment reduces the travelway to less than ten feet, vertical panels shall be used to restore the travel way to ten feet or greater, No other application of vertical panels will be permitted. c. CONES: (1) DESIGN: All cones shall be a minimum of 28 inches in height regardless of application and shall meet the requirement of the MUTCD, (2) APPUCATION: For longitudinal channelizing only, cones will be permitted for daylight closures or minor shifts, (Drums are required for all tapers.) The use of cones for nighttime work will not be permitted. d., BARRICADES: (1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized as required in Subsection 150.0I.C. (2) APPLICATION: Type III barricades shall be placed as required by the plans, the Standards, and as directed by the Engineer. e. WARNING LIGHTS: (1) DESIGN: All warning lights shall meet the requirements of the MUTeD. (2) APPLICATION: (a) Type A low-intensity flashing lights shall be used as shown in the Plans, the Standards, and as directed by the Engineer. Flashing lights are not required for advance warning signs in Subsection 150.03.H. -rC-/5 I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA (b) Type C Steady-Burn lights shall be used on all tapers when the condition exista into the night. Steady-bum lights shall also be used as shown in the Plans, the Standards, and as directed by the Engineer. . f. PORTABLE BARRIERS: (1) DESIGN: Portable Barriers shall meet the requirements of Section 622 - PRECAST CONCRETE BARRIER. . . (2) APPUCATION: Portable Barriers shall be placed as required by the plans. standards, and as directed by the Engineer, When Portable Barrier is located 20 feet or less from a travel lane, yellow reflectors shall be fixed to the top of the barrier at intervals not greater than 50 feet and shall be mounted approximately two inches above the barrier. The reflectors shall be either 10" x 10" square Type V (or equal) reflective sheeting mounted on flat-sheet panels, or 8" diameter center-mounted sealed prismatic reflex reflectors housed in an aluminum backing with a single grommeted hole. Approach end of Portable Barrier shall be flared or protected by an impact 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 A'ITENUATOR MODULES 1. DESCRIPTION: This work consists of the furnishing, installation, maintenance, relocation, reuse as required, and removal of Temporary Sand Loaded Attenuator Modules for traffic impact attenuators. 2. MATERlAI..S: Materials used in the Attenuatar 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 Attenuator Module installation shall conform to the requirements of Subsection 648,03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be installed at locations designated by the Engineer. . , C. PORTABLE IMPACT ATI'ENUATORS: 1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation, maintenance, relocation, reuse as required, and removal of Portable Impact Attenuators. 2. MATERIALS: Materials used in the Attenuator shall meet the requirements of Section 650 for Type A Portable Impact Attenuators. 3, CONSTRUCTION: Portable Impact Attenuator mstallation 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 - Type 11: 1. DESCRIPTION: This work consists of the furnishing, installation, maintenance and removal of Temporary GuardraiI.Anchorage - Type 11 used for Portable Banier or temporary guardrail end h-A;;tw.ent, -r-~-/L I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 2. MATERIALS: Materials used in the Temporary Guardrail Anchorage - Type 11 shall meet the requiremen~ of Subsection 641.02 of the Standard Specifications and current Georgia Standards and may be new or used. Materials salvaged from the Project which meet the requirements of Standards may be utilized if available. The use of any salvaged materials will require prior approval of the Engineer, 3. CONSTRUCTION: Installation of the Temporary Guardrail Anchorage. Type 11 shall conform U:l 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 U:l within two inches of the existing pavement elevation, or heal the remaining difference in elevation to the traveled way as shown in Detail150-E. Channeliiation devices and placement during the construction period shall conform to the requirements of Subsection 150.05 and Details l50-B, lSO-C, l50-D, and 150-E shown herein. In addition to the signs specified in Section 150 and the MUTCD, a W.20 sign with the legend "(LEFT) (RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream of the point where channelization devices are erected on the paving edge. A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop~ffs in elevation of more than two inches between surfaces carrying, or adjacent to, traffic will not be allowed for more than 24 hours. However, where the Contractor has demonstrated the ability to continuously excavate and back:fill 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. ASPH..~LT BASES/BINDERS: Drop~ffs in elevation of more than two inches between surfaces carrying or adjacent to traffic will not be allowed for more than 48 hours. C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work 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. During the placement period, traffic control devices will be in accordance with Subsection 150.05 and Detail150-B. D, MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRAVELWAY: Work such as drainage structures, utility facilities, or any other work which results in a drop-off adjacent to the travelway shall be performed expeditiously so as to minimize the exposure to the hazard. As soon as practiC31., the excavation shall be backfilled to the minimum requirements of Detail 150-E, In no case will the drop~ffbe allowed to exist more than five calendar days. This may require stage construction, such as plating and backfilling the incomplete work.. -rc- /7 I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA NOTE. Orums reQUIred for thTs locotton,spaced at SO FT. Intervals. If the traveled way wTdth ~ reduced to loss ~hon 10 feet by the use of drums. vertIcal ponels sholl be used In lieu of drums. Locotlon of drums when drop-off exceeds ~ Inches. ----------\ ---_--.:_-------\ ~ t NEW CONSTRUCTION + b TRAVEL LANE DROP-OFF GREATER THAN 4 INCHES DETAIL 150-8 Orums spaced ot 50 feet Intervals. Locotlon of drums when drop-off Is 2+ Inches to <4 Inches. ~:.~~------\ -----------\ II( t NEW CONSTRUCTION ~( TRAVEL LANE b DROP-OFF OF 2+ INCHES TO 4 ~CHES DET AIL 150-C - / ~-/d I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA D,..ums spoced at 100 feet (nte,..vols. Locotlon of d,...."s wnen d,..op-off (5 2 (ncnes Of'" less. ~f::":,,I- ______\ -----------\ < t .NEW CONSTRUCTION + TRAVEL LANE ~ DROP-OFF OF 2 INCHES OR LESS DETAIL 150-D Locotlon of dr-ums rmmed(otely afte"" completIon of heoled sectIon. spoced at 50 ft. Intervals. Compocted g,...oded oQQreQote,&ubbose materfolor dTr't. TOP Ot DRUM TO BE LEVEL 2 ft. +/- ----------\t -----------\ NO STEEPER THAN 4:1 ~ 0( t NEW CONSTRUCTION + TRAVEL LANE 1r--+ HEALED SECTION DET AIL 150-E -rc- If I I I I I I I I I I I I I I I I I I I DEPARTMENT OF TRANSPORTATION STATE OF GEORGIA 150.07 FLAGGING AND PILOT CARS: A. F'Iaggers shall be pro...;ded as required to handle traffic, as specified in the Plans'or Special Provisions, and as required by the Engineer, B, .ful flaggers shall meet the requirements of the MUTCD and must have received training and a certificate upon completion of the training from a Department approved training program. Failure to provid'e 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). C. FIaggers 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 shall be placed in advance of the flagging operation in accordance with the MUTeD, In addition to the signs required by the MUTCD, signs at regular intervals, warning of the presence of the flagger shall be placed beyond the point where traffic can reasonably be 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 minimizing 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. -rc-~o 1 I I I I I I I I I I 1 I I 1 I I I I uJ:.r AKTMbNT U,t<. TRANSPORTATION STATE OF GEORGIA SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE I ORIGINAL TOTAL CONTRACT AMOUNT I I I From More Than To and Including- Daily Charg-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 - 1,500 150.09 MEASUREMENT: A. TRAFFIC CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows: When the first Construction Report is submitted, a payment of 25 (twenty-five) percent of the Lump Sum price will be made. For each progress payment thereafter, the total of the Project percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid Gess previous payments), not to exceed one hundred (100) percent and subject to normal retainage, When no payment item for Traffic Control-Lu.mp Su.m is shown in the Proposal, all of the requirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of complying with tbese 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 Sum or included in the overall bid submitted. 1. Interim ground mounted or interim overhead special guide signs will be measured for payment by the square foot. This payment shall be full compensation for furnishing tbe signs, including supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting, and final removal from the Project. Payment will be made only one time regardless of the number of moves required. 2. Remove and reset existing special guide signs, ground mount or overhead, complete, in place, will be measured for payment per each. Payment will be made only one time regardless of the number of moves required. 3. Modify special guide signs, ground mount or overhead, will be measured for payment by the square foot. The area measured shall include only that portion of the sign modified. Payment shall inclUde materials, removal from posts or supports when necessary, and remounting as required. -r-c-z/ I I 1 I I I I I I I I I I I I I I I I DEPARTMENT OF T~i:)PORTATION . STATE OF GEORGIA C, PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622. D, CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured as specified in Section 632, E. TEMPOR.A..RY GUARDRAIL ANCHORAGE, Type 11: Temporary Guardrail Anchorage - Type 11 will be measured by each assembly, complete in place and accepted according to the details shown in the plans, which shall also include the additional guardrail and appurtenances necessary for transition and connection to Temporary Concrete Barrier. Payment shall include all necessary materials, equipment, labor, site preparation, maintenance and removal. F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation - Temporary will be measured as specified in Section 647. G. FLASIDNG BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in Section 647. H. TEMPORARY, SAND LOADED ATrENUATOR MODULES: Each Sand Loaded Attenuator Module of the type specified includes all material components, hardware, incidentals, labor, site preparation and maintenance, Each module will be measured for payment by the drum only once regardless of the number oflocations installed. Modules to replace those damaged or destroyed by traffic impact will also be measured by the unit for payment. Upon completion of the project, the modules shall be removed and retained by the Contractor, 1. PORTABLE IMPACT ATTENUATORS: Each Portable Impact Attenuator will be measured by the unit which shall include all material components, hardware, incidentals, labor, site preparation, and maintenance, including spare parts recommended by the manufacture for repairing minor accident damage. Each unit will be measured only once regardless of the number oflocations installed, moves required, or number of repairs necessary because of traffic damage. Upon completion of the project, the units shall be removed and retained by the ContractOr: J, PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150. ' 150.10 PAYMENT: When shown in the Schedule ofItems in the Proposal, the following items will be paid for separately. Item No. 150. Traffic Control. . . , . . . . . . . , . . . . . . . . . . , . , . . . . . , , . . . , . . . , . . . . . . , . . . . . Lump Sum Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Color) ............., per Linear Mile Item No. 150, Traffic Control, Solid Traffic Stripe, Thermoplastic Inch, (Color) ..................,......,. per Linear Mile Item No. 150, Traffic Control, Skip Traffic Stripe, Thermoplastic Inch, (Color) . , . . . , . . . . . . . . . . . . . . . . . . . . . per Linear Mile Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors... , . . . .. , ... .. .. per Each Item No. 150, Traffic Control, Raised Pavement Markers - All Types . . , . . . . . . . . . . . . , . ,. per Each Item No, 150, Interim GroWld Mounted Special Guide Signs. . , . . , . . . . . . . . . . . . ,. per Square Foot Item No. 150. Interim Overhead Special Guide Signs .,...,.................... per Square Foot -rLJ:-Z Z I Item No. 150. I Item No. 150, I Item No. 150, I Item No. 150. Item No. 150. I Item No, 150. I Item No. 150. Item No, 150. I Item No, 622, Item No. 632, I Item No. 641 I Item No, 647. Item No. 647. I Item No, 647. I I I I I I I I I ---- .-... ,'......4..................'Ift..I.&., STATE OF GEORGIA '. Remove & Reset Existing Special Guide Signs, GroWld Mount, Complete in Place.. . : . ; .. . .. . .. . . . .. .. . . . . . . . . . . .. per Each Remove & Reset, Existing Special Guide Signs, Overhead,Complete in Place ...,..............,...,.............. Per Each Traffic Control, Temporary Sand Loaded AttenuataI' Modules ............ per Each Traffic Control, Portable Impact Attenuator . . . . . . . . . . . . . . . . . . . . . . . . . . .. Per 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 Precast Concrete Median Barrier. . . . . . , . . . . . . . . . . . . . . . . . . , . . . . . . per Linear Foot Changeable Message Sign, Portable .......,...........,.............. per Each Temporary Guardrail Anchorage, Type 11 ..,..,.................,..... per Each Traffic Signal Installation, Temp .,..,... , . , . , . . . . . . , . . . , . . . . . . . . . . . : Lump Sum Flashing Beacon Assembly, Structure Mounted. . . . . . , . . . . . . . . . . . . , . . , .. pe~ Each Flashing Beacon Assembly, Cable Supported. . : . . . . . . . . . . , . . . . . . . . . . , ,. per Each -rC-Z3