HomeMy WebLinkAboutRichmond Hill Road Sidewalk
Augusta Richmond GA
DOCUMENT NAME: ~\tt1~ \\,\\ vc:ccA S\o.~
DOCUMENT TYPE: c..-cx\\'(o..d-
YEAR: O~
BOX NUMBER: \ ~
FILE NUMBER: \ L/1 ~'1
NUMBER OF PAGES:
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CONTRACT DOCUMENTS
AND SPECIFICATIONS
FOR
RICHMOND HILL ROAD
SIDEWALK
PROJECT NO.
323-04-296823191
v
Bond No. EA 9264
PERFORMANCE BOND
Confonns with The American Institute of Architects
A.I.A. document No. A-311
KNOW ALL BY THESE PRESENTS: that Turner Mechanical, Inc., 1347 Atomic Road, Beech Island, South Carolina 29842
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Contractor, and, Contractors Bonding and Insurance Company, PO Box 9271, Seattle.
Washinqton 98109-0271 (Here Insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and finnly bound unto Augusta/Richmond County Commission, 530 Greene
Street,lMunicipal Building, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, in the amount of One Hundred Forty Six Thousand Five Hundred Seventy Two and
08/100 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dollars ($ 146,572.08 .).
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly
and severally, finnly by these presents.
WHEREAS,
Contractor has by written agreement dated
Dd-o~
~lc;.A-
2003 , entered into a contract
with Owner for Richmond Hill Road Sidewalk for Augusta Public Works
(Here insert full name, address and description of project)
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.
S-1219/GEEF 10/99
Page 1 of 2
V'
PERFORMANCE BOND
EA 9264
NOW, THEREFORE, THE CONDITlON OF THIS OBLIGA TlON is such that, if Contractor shall promptly and faithfully perfonn 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 perfonned
Owner's obligations thereunder, the Surety may promptly remedy
the default, or shall promptly
1) Complete the Contract in accordance with its tenns and
conditions, or
2) Obtain a bid or bids for completing the Contract in accordance
with its tenns and conditions, and upon detennination by Surety of
the lowest responsible bidder, or, if the Owner elects, upon
detennination by the Owner and the Surety jointly of the lowest
responsible bidder, arrange for 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 tenn "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
expiration 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, executors, administrators or successors of the Owner.
Signed and sealed this
3\~
day of
~ -\-0 bea-
2003
, .
V~ V, \)~
(Witness)
~~~~
(Witness)
CIS ;by 7?~ ~ . 7!J~ resident agent
S-1219/GEEF 10/99
Turner Mechanical, Inc., 1347 Atomic Road,
Beech Island, South Carolina 29842
{~
(Seal)
(Principal)
f fleS~M
(Title)
Contractors Bonding and Insurance Company, PO
Box 9271, Seattle, Washington 98109-0271
(Seal)
(Surety)
{
BA~~ L~J
Buck Leigh, Attorne n-Fact
c,
(Title)
Page 2 of 2
"l
LABOR AND MATERIAL PAYMENT BOND
Confonns with The American Institute of Architects
A.I.A. Document No. A-311
Bond No. EA 9264
THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE
OWNER CONDITIONED ON THE FUll AND FAITHFUL PERFORMANCE OF THE CONTRACT
KNOW ALL BY THESE PRESENTS: that Turner Mechanical, Inc., 1347 Atomic Road, Beech Island, South Carolina 29842
(Here insert full name and address or legal title of Contractor)
as Principal, hereinafter called Principal, and, Contractors Bonding and Insurance Company. PO Box 9271, Seattle, Washinqton
98109-0271 (Here insert full name and address or legal title of Surety)
as Surety, hereinafter called Surety, are held and finnly bound unto Augusta/Richmond County Commission, 530 Greene
Street/Municipal Building, Augusta, Georgia 30911 (Here insert full name and address or legal title of Owner)
as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One Hundred Forty
Six Thousand Five Hundred Seventy Two and 08/100 - - - - - - - - - - - - - - - - - - - - - -. Dollars ($ 146,572.08 .).
for the payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and
'severally, finnJy by these presents.
WHEREAS,
Principal has by written agreement dated
~+-o beL ~
2003 , entered into a contract
with Owner for Richmond Hill Road Sidewalk for Augusta Public Works
(Here Insert full name, address and description of project)
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.
S-1220/GEEF 10/99
Page 1 of 2
LABOR AND MATERIAL PAYMENT BOND
EA 9264
~
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise it shall
remain in full force and effect, subject, however, to the following conditions:
I. A claimant is defined as one having a direct contract with the
Principal or with a Subcontractor of the Principal for labor, material, or
both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include that part of water,
gas, power, light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2. The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as herein defined, who
has not been paid in full before the expiration of a period of ninety (90)
days after the date on which the last of such claimant's work or labor was
done or performed, or materials were furnished by such claimant, may sue
on this bond for the use of such claimant, prosecute the suit to final
judgment for such sum or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable for the payment of any
costs or expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the
Principal, the Owner, or the Surety above named, within ninety (90) days
after such claimant did or performed the last of the work or labor, or
furnished the last of the materials for which said claim is made, stating
with substantial accuracy the amount claimed and the name of the party to
whom the materials
were furnished, or for whom the work or labor was done or performed.
Such notice shall be served by mailing the same by registered mail or
certified mail, postage prepaid, in an envelope addressed to the Principal,
Owner or Surety, at any place where an office is regularly maintained for
the transaction of business, or served in any manner in which legal process
may be served in the state in which the aforesaid project is located, save
that such service need not be made by a public officer.
b) After the expiration of one (I) year following the date on which Principal
ceased Work on said Contract, it being understood, however, that if any
limitation embodied in this bond is prohibited by any law controlling the
construction hereof such limitation shall be deemed to be amended so as to
be equal to the minimum period of limitation pennitted by such law.
c) Other than in a state court of competent jurisdiction in and for the county
or other political subdivision of the state in which the Project, or any part
thereof, is situated, or in the United States District Court for the district in
which the Project, or any part thereof, is situated, and not elsewhere.
4. The amount of this bond shall be reduced by and to the extent of
any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed of record against
said improvement, whether or not claim for the amount of such lien be
presented under and against this bond.
Signed and seaJed this
'3l~
day of ~~ beL
~O-l>, 1)~
(Witness)
tt~
(Witness)
S-1220/GEEF 10/99
Page 2 of 2
2003 .
Turner Mechanical, Inc., 1347 Atomic Road,
Beech Island, South olina 29842
(Seal)
(Principal)
(Title)
{
Contractors Bonding and Insurance Company, PO
Box 9271, Seattle, Washington 98109-0271
( Seal)
(Surety)
B~~
Buck Leigh, Attor y-m-Fact
(Title)
Not Vallia:ll for 130illW
JExecu~ed On OlL Aftelt": . JUNE 30TH, 2004
PQwer o~ Attorn. ey
.. Numbelt":u() 817 9 0
iOO1iJJ C~ fJxrnJdJ $5
arfJ ~
Only an unaltered o. riginal of this po.w. . er of Atto...mey documen... tis valid, A v. alid original.oftbiS. d., ocument !sprinted
on gray security paper with black and red ink and bears the seal of Contractors Bonding and Insurance Company
(the "Company"). The original document contains a watemiark with the letters "cbic" embedded in the paper rather
that printed upon it. The watermark.a. PPe<irs in., the blank space beneath the words "Limited p. ower. of Attorney" at
the top of the document and is visible when the document is held to the light This ctocumentis valid solely in
connection with the execution and delivery ofthebondqearing the number indicate(i below, an.d provided also
that the bond is of the type indicated below. This document is valid only if the bond is executed'on or before the
date indicated above. . ..
KNOW ALL MEN BY THESE PRESENTS, that the Company does herebY. make,c;:onst,i,~ute
and appoint the following: BUCK tl!:IGH andG.A. WEATHJ:!:RSBY II its true and
lawful Atto:rney (s) -in-Fact, wi thfull powElr and . authority hereby conferred in
its.name, place. and stead; to, eXElcute, acknowledge and deliver on behalf of the
Company: (1) any and all lJ'ondfJ aIldundertaklngs of suretY13hip given for any
purpose, provided, however, thatnosueh person shall be authorized to execute
and deliver any bond or undertaking that shall obligate the company for any
portion of the penal sum thereof.in excess of $10 ,000,00 0, ~ridprovided,
further, that no Attorney-In-Fact shall hiive.theauthority tib issue a bid or
proposal bond for any project wherej if a contract is a.warded, any bond or
undertaking would be required with penal sum in excess of $10,000,000; and (2)
consents, releases and other $imila:r documentsrequiredbYi!ln obligee under .fl
contract bonded by the Company. This appoirttment is <made under the authority. of
the Board of Directors of the comparty. ------------ -------------- ...--..,.-------- ----'
.... _ _ -- _ --- _ -_.'- -- --.... ...._-:--...; -- _ --- _ .....;.;.. ---- -- _ -.-..--- _ _ _ _.'''';' --'._'-'--- _ -........- - -.;';"" _.... - -.... --...;; -- -... - - - - - - --
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-------------------------....,-----------........-----------....------------------------------
. CERTmcAtE .
I, tbe undersigned seeJetary of Cpntractors Bonding and Insurance Company,. a
Washington corporation} DO HEREBY CERTIFY that this Power of Attorn~y remains iJjfull;
force and effect and has not been revoked, and, furthermore, that the resolutions of the ..
Boan:! of Directors set forth on the reverse are now in full force and effect.
Bond Number FA 9264
~tT:,
....;,/!
l- '\,
il
Signed iUld sealed' this
3\ ~ day Of~()c:3b~
~~~
. Robert:l(. Eland, Secretary
J~~ill ,:.S~ ;Q-?; j
~. .. /"'".;
, 7~ :.Jt;, <
. '-
. . ..
. .
Cl.UCo 1213V~neyStreet~ P.O. Box9,27to Seilttie, WA9&lP9-Q271
. (2Q6) 622-7QS3 0 (800) 76S;'CSIC (Tollrree) ,,. '(800) 950-1558 FAX.
11 I
Certificate of Appointment and Resolutions of the Board of Directors
The undersigned President and Secretary of Contractors Bonding and InsuranceCompany hereby cerHfy that"the
President has appointed the Attorney(s)-in-Factidentified on the front side of this power of attorney, under and by
the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance
Company at a meeting duly held onDecember 15, 1993:
RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant
Secretary, and any other employee as may be specifically authorized by a particular board resolution
(hereafter II Authorized Officer or EmpJoyee") may appoint attorneys-in-fact or agents with authority
as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of
the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings,
recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may
remove any such attorney-in-fact or agent and revoke anY power of attorney previously granted to
such person.
RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall
be valid and binding upon the Company:
(i) when signed by the Authorized Officer or Employee and attested and sealed (if a seal
be required); or
(ii) when signed by the Authorized Officer or Employee, and countersigned and sealed
(if a seal be required) by a duly authorized attorney-in-fact or agent; or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-
fact or agents pursuant to and within the limits of the authority evidenced by the
power of attorney issued by the Company to such person or persons.
RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of
the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing
the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of
the Company (unless otherwise specified in the power of attorney itseJf); and such signature and seal
when so used shall have the same force and effect as though manually affixed.
RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers
of attorney and attorneys-in-fact remain in full force and effect; that all forms of powers of attorney
previously or in the future approved by the Board of Directors, including, but not limited to, so called
"fax or facsimile powers of attorney", where the entire power of attorney is a facsimile, remain in full
force and effect; and that one form of a power of attorney may be attached to one bond (for example,
the form for which this resolution is a part may be attached to a bid bond), and another form of power
of attorney may be attached to another bond (for example, a fax power of attorney may be attached to
the final bond for a project for which the different form of power was attached to the bid bond)
without affecting the validity of either power of attorney or bond.
IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed
by its president and secretary, and its corporate seal to be hereunto affixed this 1st day ofJan ary, 1994.
State of Washington
County of King
~~~
~ ,,,yen A. G'~n'~ ~
Kevin L. Lybeck, Secretary
WITNESS my hand and official seal.
On January 1st, 1994 before me, Molly A. Hudspeth Notary Public, personally appeared Steven A. Gaines and Kevin L.
Lybeck, personally known to me to be the persons whose names are subscribed to the within instrurneDt, and acknowl-
edged to me all that they executed the same in their authorized capacities and that by their signatures t11e entity upon
behalf of which they acted executed the instrument. ----......HU"\\\, - -::' ?/
:-~ ":.....!J"~:..11 --
: OV ,";;SIO~ i:i::"'>-'"
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: :'! ~OTAR\' ~.~ ~
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(seal)
Signature
Policy Number:
ACORO.
CERTIFICATE OF LIABILITY INSURANCE
DATE (MMlODIYY)
10/28/2003
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
I
PRODUCER
First Insurance
3401-C Washington Road
Augusta GA 30907
(706) 210-8771
INSURERS AFFORDING COVERAGE
1347 Atomic Road
Beech Island, SC 29841
INSURER A: Southern Guaranty
I INSURER B: AmComp
f------ --
IINSURER C: _ .__
INSURER 0:
INSURER E:
INSURED
Turner Mechanical
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS.
INSRI TYPE OF IN~~~~- ~ I POLlC~~EF-FE~~E ~~.fJ,~~b~~N -~- .
LTR POLICY NUMBER DATE MMlOO LIMITS
r: GENERAL LIABILITY EACH OCCURRENCE $1,000,000
A *MMERCIAL GENERAL LIABILITY FIRE DAMAGE (Anyone fire) $100,000
w-~ ,~,.,~, C oc,~ 00CPP69085 2/16/2003 2/16/2004 MED EXP (Anyone person) $5,000
"" ~ CAG" "'"'' u." "''''''' "", PERSONAL & ADV INJURY $1,0000
GENERAL AGGREGATE $2,000,000
I PRODUCTS.COM~OPAGG $1,000,000
POLICY r-. jfO- n LOG I
, ECT
, AUTOMOBILE LIABILITY i COMBINED SINGLE LIMIT
t m. $1,000,000
A fX N"Y AUTO (Ee eccident)
I
[2i ALL OV'.NED AUTOS BODILY INJURY
f -=- SCHEDULED AUTOS BAP69805 2/16/2003 2/16/2004 (Per person) $
~ """ "u"', 1----
BODILY INJURY $
I _ :ON-O~ED ~UTOS (Per eccldent)
I l-
i PROPERTY DAMAGE $
I I (Per eccldent)
I
R' ""',un I AUTO ONLY. EAACCIDE~____
I ANY AUTO OTHER THAN .5A ..!-CC $ ______
I I AUTO ONLY: AGG I $
EXCESS LIABILITY EACH OCCURRENCE $
!---c ~ . -- -
..J OCCUR l-.J CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE I $
RETENTION $ 1$
WORKERS COMPENSATION AND X~ATUSLJ3TH.
_ T RY L.!Mill> ,ER
EMPLOYERS' LIABILITY $100,000
B WCV4117594 2/16/2003 2/16/2004 E.L. EACH ACCIDENT
I
I E.L. DISEASE. EA EMPLOYEE $500,000
-
E.L. DISEASE. POLICY LIMIT $100,000
I OTHER I equipment
A Inland Marine I 00CPP69805 2/16/2003 /2/16/2004 leased or $50,000
I (equipment floater) I rented
OESCRIPTlON OF OPERATlONSIlOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Job: Richmond Hill Road Sidewalk
Project #-323-04-203823261
CERTIFICATE HOLDER IXI ADDITIONAL INSUREO; INSURER LETTER: CANCELLATION
City of Augusta SHOULD ANY OF THE ABOVE DESCRlBEO POLICIES BE CN"CELLEO BEFORE lliE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
NOTICE TO lliE CERTIFICATE HOLDER NAMED TO lliE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLlGATlON OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
RE PRESENT A TIVES. ':\
I \UT:r^~ r~TGE;.() C,_ ~ ^-.NQi\.~
ACORD 25-S (7/97) '-' "1i ACORD ~RPORA TION 1988
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LIST OF PROJECT DOCUMENTS
Richmond Hill Road Sidewalk
Project Number: 323-04-296823191
SECTION
PAGES
Instruction to Bidders
IB-I thru IB-3
Georgia Prompt Pay Act
PPA-I
Minority and Economically
Disadvantaged Business Support
ME-I
Spe~ial Conditions
SP-I thru SP-2
Agreement
A-I thru A-4
General Conditions
I thru 33
Supplementary Conditions
SC-I thru SC-2
Proposal
P-I thru P-2
Site and Location Maps
LM-I thru LM-2
Typical Sections
TS-l
General Notes
G-l thru G-I6
Traffic Control
TC-I thru TC-23
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SECTION IB
INSTRUCTION TO BIDDERS
IB-Ol
GENERAL
All proposals must be presented in a sealed envelope, addressed to the
Owner. The proposal must be filed with the Owner on or before the time stated in the
invitation for bids. Mailed proposals will be treated in every respect as though filed in
person and will be subject to the same requirements.
Proposals received subsequent to the time stated will be returned
unopened. Prior to the time stated any proposal may be withdrawn at the discretion of
the bidder, but no proposal may be withdrawn for a period of sixty (60) days after bids
have been opened, pending the execution of contract with the successful bidder.
TB-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 ofthe 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 tem1S or obligations therein.
IB-03
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans, specifications or other prebid
documents will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to the
Purchasing Department, 530 Greene Street, Augusta, Georgia, 30911 and to be given
consideration must be received at least ten working days prior to the date fixed for the
opening of bids. Any and all such interpretations and any supplemental instructions will
be in the form of written addenda to the specifications which, if issued, will be sent to
the Augusta-Richmond County Purchasing Director at least five working prior to
the date fixed for the opening of bids. The Purchasing Director shall send by
certified mail with return receipt requested to all prospective bidders (at the respective
addresses furnished for such purposes), not later than three working days prior to the
date fixed for the opening of bids. Failure of any bidder to receive any such addendum or
interpretation shall not relieve such bidder from any obligation under his bid as
submitted. All addenda so issued shall become part of the Contract Documents.
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IB-04
PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the
bidder or his authorized representative. Any corrections to entries made on bid forms
should be initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid forms, unless
specific directions in the advertisement, on the bid form, or in the special specifications
allow for partial bids. Failure to quote on all items may disqualify the bid. When
quotations on all items are not required, bidders shall insert the words "no bid" where
appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already
submitted will be allowed if submitted by telegraph prior to the time fixed in the
Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the
total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all
owners. Bids of corporations will be signed by an officer of the firm and his signature
attested by the secretary thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bond is required in illlcases.
IB-05
BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended, which
will include and cover the furnishing of all material and the performance of all labor
requisite or proper, and completing of all the work called for under the accompanying
contract, and in the manner set forth and described in the specifications.
Where estimated, quantities are included in certain items of the proposal,
they are for the purpose of comparing bids. While they are believed to be close
approximations, they are not guaranteed. It is the responsibility of the Contractor to
check all items of construction. In case of error in extension of prices in a proposal, unit
bid prices shall govern.
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BIDDER'S QUALIFICATIONS
No proposal will be received from any bidder unless he can present
satisfactory evidence that he is skilled in work of a similar nature to that covered by the
contract and has sufficient assets to meet all obligations to be incurred in carrying out the
work. He shall submit with his proposal, sealed in a separate envelope, a FlNANCIAL
EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable infonnation as to
working capital available, plant equipment, and his experience and general qualifications.
The owner may make such investigations as are deemed necessary to determine the
ability of the bidder to perform the work and the bidder shall furnish to him all such
additional information and data for this purpose as may be requested. The Owner
reserves the right to reject any bid if the evidence submitted by the bidder or investigation
oflum 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 ofthe
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 t~e 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 owner performing 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.
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GEORGIA PROMPT PAY ACT
This Agreement is intended by the Parties to, and does, supersede any and all provisions
of the Georgia Prompt Pay Act, O.C.G.A Section 13-11-1, et seq. In the event any
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 m. connection with this document, to ''Richmond County Board of
Commissioners" shall be deemed to mean "Augusta Richmond COlmty 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 permissio~
signed by the property owner (or his authorized agent) descnomg 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 DivisiQ!l shall
be furnished to the Engineer prior to any such waste being removed from the proj ect
In all cases, regardless of the material being wasted, a grading permit issued by Augusta
Richmond County must be furnished to the Engineer.
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:MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County-Council to increase the
involvement of qualified minority and economically disadvantaged businesses in the
contracted work of County Government.
In an effort to support this intention, this project is offered to all qualified firms.
The bids will be evalUated based on qualifications, price and construction time. With all .
other items being considered equal, the contract, if awarded, will be awarded to a
minority and economically disadvantaged finn or a firm that has included such fums 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 finn. If the :fum does not fall into this .
category, no information is necessary.
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RICHMOND HILL ROAD SIDEWALK
SPECIAL CONDITIONS
SCOPE:
This work consists of concrete curb & gutter, longitudinal & storm drainage pipes, curb
cut ramps, and 5ft. sidewalk along the easterly side of Richmond Hill Road. The
Contractor shall supply all materials, equipment, labor and supervision necessary to
complete this project as specified.
TERMINI AND LENGTH:
Project begins at Lumpkin Road and extends approximate 1100 ft. in a southerly
direction toward Harding Road.
NOTES: The existing pavement shall be sawed in order to obtain a neat, consistent,
vertical edge since overlay is not included. Any wastelborrow disposals required to
accomplish the proposed work shall be paid for under Item 232-1000 Lump Sum
Construction.
Some items have been included that may not be required. These are included to establish
a pay item to eliminate the need for Change Orders and prevent delays involving Change
Orders.
LUMP SUM CONSTRUCTION:
All work and materials without a specific pay item shall be included in the price bid for
Lump Sum Construction. Included but not limited to, clearing, construction layout,
removals and/or disposals not otherwise covered, grading, sawed joints, overhead,
mobilization, etc.
SPECIAL CONDITIONS:
The existing longitudinal drainage system is not located in a desirable position. It will be
necessary to reconstruct several existing drainage structures to accommodate the
proposed 24" x 6", Type 2 curb and gutter and construct new catch basins. In any case,
where existing stub pipes are connected to the existing boxes, the stub pipe shall be
reconnected to the reconstructed 1034 d catch basins.
Stub pipe connection/replacement shall be included in the Bid Price for reconstruct
drainage structure.
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All wheel chair ramps shall be constructed as required by the Americans with Disabilities
Act, includi:qg those needed for accessing the bus stop shelter located in the northeast
quadrant of the Riclullond Hill RoadlLumpkin Road intersection. See Map LM-2.
All metal and/or unsatisfactory RCP shall be replaced with new RCP.
CONCRETE PIPE:
All pipes shall be RCP with O-ring gaskets.
ST AND 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 satisfactory
stand of permanent grass is accepted by the Engineer.
Water sources shall be public streams and/or ponds if ARC watering restrictions prohibit
conventional sources. If for any reason watering is not a viable option (in the opinion of
the Engineer), the Contractor shall treat all unacceptable areas with Loose Sod as
prescribed in Subsections 700.08A and 700.08C. There will be no additional payment for
this work.
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SECTION A
AGREEMENT
THIS AGREEMENT, made on the L day of IJ a- ,2003- by and between the
City of Augusta
party of the first part, hereinafter called the OWNER, and TUil.J\eJ'2...
mW\~lCcJ PC-,
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 of the materials and all of the
equipment and labor necessary, and to perform all of the work shown on the plans and
described in the specifications for the project entitled:
RICHMOND HILL RD SIDEWALK
323-04-296823191
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 in accordance with the contract.
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 san1e, taking into consideration the average climatic range and construction
conditions prevailing in this locality.
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IF THE CONTRACTOR SHALL NEGLECT, FAlL, OR REFUSE TO COMPLETE
THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the contractor does
hereby agree-, as a part of the consideration for the awarding of this contract, to pay the
Owner the sum of Five Hundred Dollars ($500), not as a penalty, but as liquidated
damages for such breach of contract as hereinafter set forth, for each and every calendar
day that the contractor shall be in default after the time stipulated in the Contract for
completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the
Owner because of the impracticability and extreme difficulty of fixing and ascertaining
the actual damages the Owner would, in such event, sustain, and said amounts shall be
retained from time to time by the Owner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this
Contract and the specifications wherein a definite portion and certain length of time is
fixed for the additional time is allowed for the completion of a work, the new time limit
fixed by extension shall be the essence of this contract.
ARTICLE III - PAYMENT
(a) The Contract Sum
The owner shall pay to the Contractor for the performance of the contract
the amount as stated in the Proposal and Schedule of Items. No variations
shall be made in the amount except as set forth in the specifications
attached hereto.
(b) Progress Payment
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 tmit prices as set forth in the Bid Schedule.
On the vendor run, following approval of the invoice for payment, the
owner shall after deducting previous payments made, pay to the
Contractor 90% of the amount of the estimate on units accepted in place.
The 10% retained percentage may be held by the Owner until the final
completion and acceptance of all work under the Contract.
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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 manufachlrer'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 tenninating the contract, make payment of the balance due for that
portion of the work fully completed and accepted.
(e) Notwithstanding any provision of the General Conditions, there shall be
no substitution of materials or change in means, methods, techniques,
sequences or procedures of construction that are not determined to be
equivalent to those indicated or required in the Contract Document,
without an Amendment to the Contract..
Each payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts,' each ofwhich shall be deemed an original, in the year and day fIrst
mentioned above.
AUGUSTA, GEORGIA
~ (Owner)
~~'A0 By:
crv Title: Mayor
f:~
~J:t. UJ )y;~1
- ca.bDv:;'itness q
Title: Y~l~ \-
Address: \,"2>llf) Mum~c ro.
~~nhnD t::J:- d-q~tfJ-
)
SEAL
Attest
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
. Article
Number Tille Page
DEFINITIONS. . . ...... .... .. ..... ... . . .: ..... . ...... . ..'. . . ... ...:.... ; .... 7.
. . . .
. PRELIMINARY MATIERS .......................~..........::.......:. 8 .
CONTRACT DOCUMENTS; . . '" .... '.. ..' .
L'ITENT. AMENDING AND' REUSE........ ...... ..... :::.. ;'..:.; ~:.:..'" ". 9.
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3
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.. .. 4
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6
7
8',
9
10
1 I
12
13
. AVAILABILITY OF LANDS: PHYSICAL CONDITIONS::: <'.,,:' ..",
REFERENCE POlNTS.... '" ......... ....... .....;.. ..... ...... .:; ".:..~......'
...
BONDS ANDINSURAN~E'... .....: .....::.:.. .:,':.~....: ~'~..-:.;..:n;:.:.. :._
CONTRACTOR.S.RESPONSIBILITIES:.......~ :'~;.~'.....: :.'.:;.>i''-::>.'
. OTHER WORK ....~..... ...'.... .... ~.:.:....'.~.:...: ..~;'. ':~"";'H:'''''.~ ...'- '18.'
OWNER.'S RESPONSIBILITIES' ....;. .:. ....... . ..:. :~.: .::......:.:...: . -.. 19
., ~ . I .
ENGINEER"S.STATUS DURING CONSTRUCTION......::.-. ...~:......~_. '..19..
... ",
CHA.l'fGES IN THE WORK..................... ~-... ........... ..:........ .
CHANGE OF CONTRACT PRICE..... ...:.... ., ...... .............
10: .
II: .
14'
21
21
CHANGE OF CONTRACT Th\ilE. " .... ......... .... .., .... ...... .:.._ :!4-c.
WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOV AL OR. .
ACCEPTANCE OF DEFECTIVE WORK.................. .....:....
I.. PA YMENTS TO CONTRACTOR AND COMPLETION ............
15 SUSPENSION OF WORK AND TEIU..HNATION ........ ..........
16 ARBITRATION....... .......................... ......... ...............
24
16
29
31
17 MISCELLANEOUS.. ... ... ................. ......... ....... ... ......... .32
3
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INDEX TO GENERAL CONDITIONS
ArticLe or Paragraph
Numb~r
Acceptance of Insurance ............................. 5.13
Ac~s to the Work ......._ .. . . . . . . . . . . . . . . ... .... . . .. 13.2
Addenda-<ieiinition of (see definition of
Specifications) ........................................ 1
Agreement.-:lefinition of ..................... _ . _. . . . . . .. I
All Risk Insunnce ..................................... 5.6
Amendment. Wrinen ............................. 1.3.1.l
Application for Paymem-definirion'or .................. 1
Application for Payment. Final ...................... 14.12
Application for ?regress Payment .................... 14.2
Application for Progress Payment--review of .... 14.4-14.7
Arbitration ............................................. 16
Authorized Variation in Work .......................... 9.5
A vailabiIiry of Lands .................................. 4.1
Award. Notice oJ--deiined ............................_. I
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Before Starting Consuuction ...................... 1.5-2. i
Bid--deiinition of .......... ". ....~... ......... ....... ....... r.
Bonds and lnsurance-in general' ............. .... ~....... 5.
Bonds--detinition of ........ ...... ............... .... .... ... L
Bonds. Delivery of ......... ..... .......... ....._ ~1. 5.1'
'Boalis. PeIiormance and Other:................... 5.1-5.2
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Cash Allowances:.. ......... ......_..... ......:.. ...... .......: I L8
Change Order--definition of .........~.........._.. ~ _ .... . I.
Change Ordet'S-{O be executed . .... . . .. . . .. .. . . .. .... 10.4'
Changes in the' Work............. ..... .......... ......... 10.-'
Claims. Waiver of~n Final Payment ... ~.... ..... .... 14.16,
Clarifications,and rnterpretations: ......... ......... ... ."..9.41.
Ceaning' .......... ...... ..... ..... ...... .,.... ... ...... .......6017
Completion.... . . .,..... _.... _.. ............ .'.'... ... ..... .... 14-
Completion. Substantial ....,..._...........~.... 1~.8-14.9
Conference. Preconstruction .......... ... ...... ........ 2.8.
Confiict. Error. Discrepancy-Contractor
to RePOrt ................. . . . . . . . . . . . . . . . . . . . .. :2..5. 3.3
1 ConstrUction Macitincry. Equipment. etc. ....... .'. .... 6.4'
. ~~~:~~n~o~::~~~~~d.~~. ~d".'" -. ... -....... 6.19
supplementing ................................... 3.4-3..5'
Contract Documents--detinition of, . . . . . . . . . . . . . .. . . . . . '.' 1:
Contract Documents-lntent. ............ ...... .... 3.1-3.3
Contract Documents-Reuse of .......................3.6
Contract Price. Change of .............................. \1
Contract Price--detinition ............................... 1
Contract Time. Change of .............................. I::
Contract Time. Commencemenc of .................... ::.3
Contract Time-:letinition of ............................ \
Conuactor.-:lennition of ................................ I
Contractor May Stop Work or Terntinate .. ~..,....... 15.5
Contractor's Continuing Obligation ... ...... .... ...... 14.15
ContraCtor's DUty to Report Dis~cy'
in Documents .. .............................._.. :..5.3.:
Contractor's Fee-Cost Plus ... 11.4.5.6. II..S.l. l! .6-\1. 7
Contractor's Liability Insuran~ ....................... S.3
Contr:1Ctor's Responsibilities-in general ................ 6
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Contractor's Warranty of TItle ......,..... ............ 14.3
ContractOrs--other ...................................... 7'
ContractUal Liability InSW'2n~ .................... ~ ... 5.4
Coordinating Contractor~efinition of .. _ . . . . . .. . . . . .. 704
Coordination .... _ . . . . . . . .. . . . . . . .. . . . . . .. . . . . ... . . . . . .. 7 A
Copies of Documents ...................... .. . . . . .. .. . . . 2..1
Correction or Removal of Defective Work ........... 13. II
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-\1.5
Costs. Supplemental ................~............... 1104.5
Day--definitioa of ........................ _ . . . . . . .. . ."'. . .. I
D~f~crivt-definition of ............... .... . .. ...... .. .... 1
D~fecrive Work. Acceptan~ of .. ...... .. . .. .. .. ..... 13.13 .
D~fecrive Work. Correction or Removal of .......... 13.H-' .
D~ecrivt Work-in general. ............... 13.14.7; 14.11'
D~f~~ri.vt Work.. Rejecting...... ..... .... .....; ....... .9.6.
Definitions' ................. .'. ..........;. ......" ..... ...... .'. " t., .
Delivery of Bonds' .......~............ .... .... _...:.... 2~t 0<..
. Detcrminauon.forUni.Prices ....................:..~... 9.11lO-
Disputes. Decisions by Engineer . . . . . .... . ... . ~; _ 9. I 1-9~12: . ':
Documents. Copies of ..'........ ..... ..................;. U' "..'
Documents. Record' ............ _...... _........._ ..... 6.19'
Documents. Reuse. ........................... ~ . .... ~ . ~._ 3.6':.
Drawings--definiuon of ................. .... ; . . . ... . . ... . n. I :
.. .' '.'.. . . :
Easements: . .'........................ .':. ...~. ......... .'; .'..." 4.1.",
Eft"ectivedate ofAgreement-deliniuon of................ 1-
Emergencies ............................. '. . . . . . .. . . .. 6.=:1
Engineer~efinition of . . . . . . . . . . .. . . .. . .. ... . . . .. . . . . . .. I
Engineer's Decisions ............................ 9.10-9.12
Engineer's-Noace Worlds AccCl)table ....._....... \4.13
Engineer's Ret:ommendation of Payment ...... 14.4. \4.13'.
Engineer's ReSl'onsibiIities. Limitations
on ................. 6.6,9.11,9.13-9.16,18.2
Engineer's StatUs During. ConsuucUon-in general " ~ . . _ 9'
Equipment. Labor. Materials and ................... 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
uplorations of physical conditions ...... _ .. .. .. .. ... .. 4.2
Fee. Contractor's-CostS Plus....... .............. ... 11.6'
Field Order~etinition of ........................ _ . .. ... I .
Field Order-issued by Engineer ................ 3.5. I. 9.5,
Final Applicuon for Payment ........ ................ 14.12'
Final InspCl:tion ............................. _ . . . ..... 14. I !..
Final Payment and Acceptance.............. .........14. u--
Final Payment. Recommendation of ... .~...... 14.13--14.\4-
, -
Gcnenu Provisions ............................. _. 17..3:'17.4'
General Requirements-definition of.......... ..... ... ...... r
General Requirements-principal '
references to ................. 2.6. 4.4..5.4'. 6.6-6. 7~ 6.::3
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Giving Notice ...............,...:......... ......,..... 17.1
Guarantee of Work-by Contractor............ ....... 13.1
Indemnification. . , . . . . . . . ~. , . . .. . . . . .. . . . . .. 6.30-6.32. 7.5
Inspection. Final .:......................... ~.. .... .. 14.11
Inspection; Tests and ............... ....... ...... ...... 13.3
Insurance. Bonds and-in general ....................... 5
Insuranc::. Certificates of ........................... 2.7, 5
Insurance-completed operaoons ...................... 5.J
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 .............,..... J .3.9.14
Interpretations and Clarifications ...................... 9.4
Investigations of physical conditions ... . . . . . . . . . . . . . . .. 4.1
Labor. Materials and Equipment ...,.... ~ . . . . . . . . ~ 6.3-6.5
Laws and Reguiation~efinition of ... . , . . . . . . . . . . . . . . .. I
Laws and Regulations-general ........ . . .. .. . .. .. . ... 6.14
Liability Insurance-Contractor.'s ..................... 5.3.
Liability Insurance-Owner's ......................~.. 5.5
Liens-definitions of ................,................ 14.2
Limitations on Engineer's. . .,.. . . .
Responsibilities ..................~... 6.6~ 9.1.1. 9.13-9: I 6,. :
Materials and equipment-fumished bY. ContractOr .. ..' 6.3:
Materials andequipment-not '. .. ..
incorporated in Work ......... ~'..:. ~.'~:.. ~.....~.... l4.2..
Materials or equipmel1t-equivalel1t.. .1........ .... _... 6.7:
M1sceUaneous Provisions................. ..~....... ..... 17.
Multi-prime contracts ..... ... . . . . . . . . . . . . . . .. .. . .. . _. . . .. 1
Notice. Giving. of ......................:..~............ 11.r.
Notice of Acceptability of Project . ... .. . ... ,.... ..... 14.13:
Notice of AW~efinition of:' .. ....;... ................ ... 1: ..
Notice to Proceed~efinition of . . . . . . . . '.' . .... . ,. . . . .. " 1
Notice to Proceed-giving of .......................... 2.3
..Or. Equal" Items . . . . . . . . .. ... . . .. . . . . . ~. .. . .. .. .. . ... 6.7
Other contractors .................. . . . . . . . .. . . . .. . . . . . ... 7
Other work .................... . . . . . . . . . .. . . . . .. . . . . . . . .. i
Overtime Work-prohibirion of ..,.. ...... ............. 6.3
Owner~efinition of ...................... .............. I.
Owner May Correct Defective Work............... _. l3.14-
Owner May Stop Work .............................. 13.10
Owner May Suspend Work. Terminate ... ....... [5.1-15,4
Owner's Duey to E:tec:uce Change Orders ............. ll.S
Owner's Liability [nsur.mce ........................... 5.S.
Owner's Representative-Engineer to serve as ........ 9.1
Owner's Responsibilities-in general .................... 8
Owner's Separ:J.te Representative at site............... 9.3
Partial Utilization .................................. 14.10
Partial Utilization-iefinition of ......................... I
Partial Utilization-Property Insurance ............... 5.15
Patent Fees :lt1d Royalties ............................ 6.12
Payments. Recommend61tion of ...... ~.... 14.4-14.7. 14.13
P:1yments to C\Jntr:1ctor-in gener:1l .......,............ 1.4.
Payments to Contractor-when due .,....... ~. 14.4, 14.13
Payments to Contractor-withholding ................ 14.7
Performance and otb.er Bonds ..................... 5.1-5.2
Permits. . .. . . . . . . .. . . .. . . .. .. . . ... . . . .. . . ..... . . ... .. .. 6.13
Physical Conditions ....... ~ . . . .. . . . .. . . . . . . . . . . . .. . ... 4.2
Physic:a1 Conditions-Engineer's review.... ~........ 4.2.4
Physic:a1 Condition~xisting strUctures.. . .. .. . ... .. 4.2.2
Physical Conditions-explorations 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 ............. 4.2.3
Physic:a1 Conditions-Underground Facilities .......... 4.3
Preconscruction Conference ............................2.8
Preliminary Maners ...................................... 2
Premises. Use of .................................6.16-6.18
Price. Change of Contract .............................. 11
Price.Concract~efinition of ............................ 1
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~efinirioa of ............... " .. . . ... . . . . .. .. .. '" l'
Project Represencation-provls1on for ................. 9.1
Project Representative, Resident~efinition of ,......... 1
Project. Starting. the .., .... .. .. .... . . . ... . .. . . . . . . .. . . ... 2.4..
Property Insurance........... ...... .............. 5.5-5.13 :.
Property Insurance-Partial Utilization ............... 5~ 15.
Property Insurance-Receipt. and Application.. . .
.. of Proceeds .. .............. .............. ....: ...5: lZ:~5~ 13~
Protection. Saietyand ... ..... .................. ..... 6.~.2T..
. Punch list ......................... .... . . . . ~.. ,. ... ... _.. 14. f 1"
.. Reccrnmend:Uion' of Payment.... .. .. ...... ..... 14.4; f4:1J
R~ord Documents. .......... ....... ...... .......... ...., 6~.19;..
Reference. Points. ..... .., . . ... . .... . . . . . . . . . . . . . . . .. . .. ... 4~4'..-
Regulations..Laws and.. ................... .... ...'. ... .....6.14. .
Rejecting. D~fective Worle .... .... . . ... .... . . .. ........ .. 9~6,. ,
Relaccd.Work.alSite. _...... ..... ......_ _.............."-'_..._~.. ..J..l~ 7:3'.
Remedies Not E~'(.clusive .................. ............. 17:4.
Removal or Correction of Defective Work ........... 13.11
Resident Project Represenwive-detinition of ........... r
Resident Project Representative-provision for ........ 9:3
Responsibilities. Contraaor's--in general .......... ...... 6'
Rcs!,onsibilities. Engineer's-in general ................. 9
Resl'onsibilities. Owner's-in general......... ..... ...... 8
Retainage ................,....... ... . . . .. ::-; . . . . ... ... .14.2
Reuse of Documents ................................... 3.5
Rights of Way.....,..............,... ................. 4.1
Royalties. Patent Fees and ........................... 6.12 I
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Safety and Proteccion....... 6.20-6~21, 18.1-18.21
Samples ...........,................... ... . . . . . '.' 6~23-6.18 I
Schedule of progress ........ 1.6. 2.8-2.9. 6.6. 6.19: 15.:!.6 I
Sc:hedule of Shop Dt<lwlng ,
submissions............... ..... ....2.6. 2.8-2.9; 6.2J~ 14.1 ,
Schedule of values ....................... 1.6.2.8-2:9. 14. I
Schedules. Finalizing.. ..... ........... ................... 2.9
, 6 23.-6 .,0. I
Shop Dt<lwmgs and Samples .............. ........, ...;,Q
Shop Dt<lwin8S-'iefinition: of ..... .... ..........". .,....... 1 '
Sho!, Drawings. use to approve.
substitutions ;.............................:....... 6.7.3
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Site. Visits t&>-by Engineer ...............;........... 9.2
Specifications--definition of ................................ 1
Starting ConstrUction. Before..... . . .. . ..... .... ... 2.5-2.8
S . ... . Pro' ., 4
. tarting we ~ect. . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . .. _.
Stopping Work~y CODtractor ....... .... ...... ...... 15.5
Stopping Work-by Owner........................... 13.10
Subcoatractor--definition of ......................... . . " 1
Subcontractors--in'general .................:..... 6.8-6.11
Subconuacts-iequired provisions ............ 5.11.1. 6.11
11.4.3
Substantial Completion-certification of .' . . . .. .. . . . . .. 14.8
Substantial Completion-definition 'of . . . . . . . .. . . . .. . . . . .. 1
Substitute or- "Or-Equal" Items _...................... 6.7
Subsurface Conditions. . . . .. . . . .... . .. . . . " . .. .. . .. 4.1-4.3
Supplemental costs ................................. 11.4.5
Supplementary Conditions-definition of ................. 1
Supplementary Conditions-principal
references to .. 2.2,4.2.5.1.5.3.5.6-5.8.6.3.6.13,' 6.23,
7.4.9.3
Supplementing' Contract Documents ............... 3.4-3.5
. Supplier--definition of . . . . . . . . . . . .'. . . . . .... . .. . . . .. . . .. .. 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'
Surery-consent to payment........... ........ 14.12. 14.14;
Surety-Engineer' has no duty- to .................. H' 9.13:
Surery-ootice to .......................... 10.r.lOS, 15.2 .
Surety--qualification. of ............ ..... . . .'. ... _. ... 5.1-5.2: . .'
Suspending. Work. by Owner ................:.......... 15".r:.
Suspension of Work and Termiaation--in,genc:ral: .'...... 15
Superintendenr--Contracmr.s ......... .~.............. 6.2
Supervision: and Superintendence......... ......... 6d-6.1
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Taxes-Payment by ContraCtor..: .;; . . . ~ .. . ..'.. . . .:... 6.1S
Tennination--:-bv Contractor ...........................' 15.5.,
Termination.-bY Owner. .. ........ ..m__. _....... 15.2-15.4::
Termination. Suspension ofWork'and-in general...... IS
Tests and Inspec:tions ...........................13.3-13.7
Tune. Change of Contract ............ u... . . .. . . . .. . . ... 12
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Tune. Computation of .................._.............17.2
Tune. Contract-definition of .. ...... ~.... ....:.; ........... I
Uncovering Work ............................... 13.8-13.9
Underground Facilities-definition of.................... I
Underground Faci1ities-not shown or indicated ..... 4.3.2.
Underground Facilities-proteaion of............ 4.3. 6.20
Underground Facilities-shown or indicated.......... 4.3.1
U nit Price W ork--definition of .......................... I
Unit Price Work-general ............:.... 11.9. ]4.1. 14.5
U.nit-Prices ... .......:...........................,..... 11.3.1
Unit Prices. Detenninations 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.. ... . . . ... . . . . .... . .. ~ . .' ... 9.1. .
. ,
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. ", ." . . .
Waiver of Claims-on Final Payment . .~........... :.. 14.16,.
Waiver of Rights by insured panies . .......... .:. 5.10.6.11......
Warranty and Guarantee-by ContraCtor ....;........ 13.I.- . .
Warranty of Title. Contractor's .... ..~..... ............. ]4.3.
. 13~'
'Work. Access to; ... ..~.. .,..'.... ...... ......... ........... ._
Work-by others .. ......,~.... ..;.....: .'. .'. ;,. .... ...... ..'.... 7'.:
Work Continuing During Disputes .. ... .. .. .'. . . . . ... . ". 6.19'
Work. Cost. of .............~.... ....~,............... 11.4-1'15
Worle~etinition of .... .... ~............. ...............~. L
Work DireetiveChange~efinition' of.......... ......... H. t:
. Work Dir'ediveChange-priricipal .'. .
. references. to' ... H......;.............. ..304.3, 10. ]-10;2 . .
Work. .Neglected' b.y COntractor ........ ~..... .... ... 13.14':'. '.
Work. Sropping:by'Contractor. ~,....':...... .......... ..155,. ...;
, Worle. Stopping.-b.yOwner-..........;.. ...:........ 15.1-15.4="
Written Amendment-definition or :'. . .-.-.. . : .. ... ..... :.. .., I
Written Amendment-principal. . .
references to .....................,3.4.1.10.1.11.1.11.1
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GENERAL CONDITIONS
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ARTICLE I-DEFINITIONS
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Wherever used in these G'eneraI Conditions or in the other
Contract Documents the following terms have the meanings
indicated which are applicable to both the 'singular and plural
. thereof:
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Addlinda-Written or graphic instruments issued prior to the
opening of Bids which clarify. correct or change the bidding
documents or the Contract Documents. .
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A,qreemenr- The written agreement between OWNER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are attached to the Agreement and made
a part thereof as provided therein.
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Application for Paymellf-The form accepted by ENGI-
NEER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porting documentation as is required by the. Contract
Documents.
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Bid-The offer or proposal of the bidder submitted' on the:
prescribed form. setting forth the prices for the .Work to be
perfonned.
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BOllds-Bid. performance and payment bonds and other.
instruments of security. '
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Cftange Order-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
. rizes an addition. deletion or revision in the Work. or ,10:
adjustment in the Contract Price or the. Contract Time. issued.
on or after the Effective Date'of the Agreement.
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ConrraC't DOCllments- The Agreement. Addendalwhich per-
tain to the Contract Documents). CONTR.O\CTOR.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 Supplemenrary Conditions. the
Specifications and the Drawings as the same are more spe-
cifically identified in the Agreement. together with all amend-
ments. modifications and supplements issued pursuant to
paragraphs 304 and 3.5 on or after the Effective Date of the
Agreement.
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ContrClcr Price-The moneys payable by OWNER to CON.
TRACTOR under the Contract Documents as st:ued in the
Agreement (subject to the provisions of paragraph 11.9.1 in
the case of Unit Price Work).
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C ontrucr TiI1lt'- The number of days (computed as provided
in par:lgrnph 17.1) ur the date stated in thl: Agreement for the
completion of the Work.
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CONTRA.CTOR-The person. finn or corpor.ltion with whom
OWN ER has entered into the Agreement.
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defer:ril'e-An adjective which when modifying the word Work
refers to Work that is unsatisfactory. faulty or deficient. or
does noc conform to the Contract Documents. or does not
meec the requirements of any inspection. referen'ce standard.
test or approval referred co in the Contract Documents. or
has been'damaged 'prior to ENGINEER's recommendation
of final paymenc (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.10l.
Drall'iflgs- The drnwings 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.
EfJer:til'e Dare of the Al?reemelU-The date indicated in the
Agreemenc on which it becomes effective. but if no such date
is indicated ic means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
ENGl N EER- The person. firm or corporation named as such
in the Agreement.
Freid Order-A written order issued by ENGINEER which
orders. minor changes in the Worle in, accordance with para-
graph 9.5 but which does not involve a change in the Contract'
Price,or the Contract Time.
General Requirements-Sections of Division L of the Sped.. .
fications. . . ..
, .
Laws.and Reg({latiofls,~ Laws or Regularions-Laws. rules. . .
regulations.. ordinances., code~ and/or orders.
Notkeof Award-The- written notic~'bY OWNER. to the
apparent successful bidder stating that upon compliance' by. '" '.
the apparent successful bidder with the conditions precedent .
enumernted therein. within the time s'Pecified. OWNER will
sign and deliver che Agreement.
. . .
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Norir:~ ro ProC"eed-A written. notice given by OWNER to,
CONTRACTOR (with acopy to ENGINEER) fi:ting the date
on which the Contract Time will commence to run and on
which CONTR.<\CTOR shall start to ~erfofih CONTRAC-
TOR.S obligations under the Contract Documents. .
OWNER-The public body or authority. corporation. asso-
ciation. firm or person with whom CONTRA.CTOR has entered
into the Agreement and for whom the Work is to be provided.
Panial Urili:atio/l-Placing a portion of the Work in service
for the purpose for which it is intended (or a related purpose)
before reaching Substantial Completion for all the' Work..
Projer:r- The total construction of which the Work to be
provided under the Contract. Documents may be the' whole;
or a 'part as imjicatl:d elsewhere in the Contract !:?ocuments.
Rt!sidmt Project R,'pre.fl!/lwtil'/!-The authorized represen.. .
tative of ENGINEER whu is assigned toche'site or any part'
thereof.
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Shop Drawings-All drawings, diagrams. illustrations,
schedules and other' data. which are specifically prepared by
or for CONTRACTOR to illustrate some portion of the Work
and all illustrations, brochures. standard schedules. perfor.
mance charts. instruc:tions.-diagrams and other information
prepared by a Supplier' and submitted by CONTRAcrOR to
illustra1C material or equipment for some portion of the Work.
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Specfftcarion.r- Those portions of the Contract Documents
consisting of written technical descriptions of materials,
equipment. construction systems, standards and worlcman-
ship as applied to the Work and certain administrative details
apj:l!.icable thereto.
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Subco/U1"Qctor-An individual. firm or corporation having a
d..in:ct contract with CONTRAcrOR or with any other Sub-
contractor for the performance of a pan of the Work at the.
site.
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SubnanriaJ Completion-The Work (or' a specified part thereot)
has progressed to the point where, in the opinion of ENGI-
NEER as evidenced by ENGINEER.s definitive certificate.
. of Substantia! 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. " .
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Supplemenrary Conditions-The pan of the. Contract Docu-
ments which amends, or' supplements these' General Condi-
tions.
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Supplier-A manufactUrer'. fabricator. supplier. distributor.
materialman or vendor.
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Underground Facilities-All pipelines. conduits. ducts. cables.
wires. manholes. vaults. tanks. tunnels or other such facilities
or attachments. and. any encasements' containing such facil-
ities which have been installed underground to furnish any of
the foUowing services or materials: electricity. gases. steam.
liquid petroleum products, telephone Or' other communica-
tions. cable television. sewage and drainage removal. traffic
or other control systems or Water.
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Unit Price Work-Work to be paid for on the basis of unit
prices .
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Work-The entire completed construction or the various sep-
arately identifiable parts thercof required to be furnished
under the Contract Documents. Work is the result of per_
fOrming services. furnishing labor and furnishing and incor-
porating materi.als and equil'ment into the construction. all
as required by the Contract Documents.
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Worlc D;rectiv~ Change--A written directive to CONTRAC-
TOR. issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
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ordering an addition. deletion or revision in the Work. or
responding to differing or unforeseen physical conditions under
which the Work is to be performed as provided in Patagraph
4.2 or 4.3 or to emergencies under' paragraph 6.12. A Work.
Directive Change may not change the Contract Price or the .
Contract TlDle. but is evidence that the panics expect that
the change directed or documented by a. Work Directive
Change will be incorporated in a subsequently issued Change
Oroer foUowmg negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Tune as provided in
paragraph 10.2. '
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Writt~n Amendment-A written amendment of the Contract
Documents, signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally deal-
ing with the nonengincering or nontechnical rather than strictly
Wode.related aspects of the Contract Documents.
ARTICLE 2-PREUMINARY MAITERS
DflUVf!ry of Bo1Ui.r:
2.1. When. CONTRAC!"OR delive%'S the'executed Agree-.
ments to OWNER. CONTRAcrOR shalL also deliver to '
OWNER such Bonds as CONTRAcrOR may be required to
furnish in accordance with paragraph 5. L .
COpWof Doc1l11U1IJ$:
2~2. OWNER shall:fumish to CONTRACTOR up to ten
copies (unless otherwise specified. in the Supplementary Co~: .
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.
COlflmflllClmclll of COnl1TU:t Time: Noaa to Procled:
2.3. The Contract Tune 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..Qj: given at any.
time Within thirty days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
SlIUTing tJu Project:
1.4. CONTRACTOR shall start to perfonn the Work on
the date when the Contract Time commences to run. but no
Work shall be donear the site prior to.the date on which the-'
Contract Time commences to run..
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B'fo~.SlIzrting Construction:
2.5. Before undertaking each part of the, Work. CON-
TRACTOR shall carefully study and compare the. Contract
Documents and check and verify peninent figures shown'
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thereon and ail 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 ENG[NEER before proceeding with any Work
affected thereby: however., CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents,
unless CONTR.-\CTOR had actual knowledge thereof or should
reasonably have known thereof.
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Z.6. Within ten days after the Effective Date of the Agree-.
ment (unless otherwise specified in 'the General Require-
ments). CONTRACTOR shall submit to ENGINEER for
. review:
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2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the'
Work: .
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2.6.2. a preliminary schedule of Shop Drawing sub-
missions: and
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2_6.3. a preliminary schedule of values for all of the...
Work which will include quantities. and prices of items
aggregating the Contract Price and will subdiVide the Work.
into. component pans in sufficient detail to serve as the:
basis' for progress: payments during construction; Such
prices will include an app ropri ace amount of overhead and" .
profit applicable. to each item of'Work" which will be: con;.. ,
firmed in writing by CONTRACTOR at the time of. sub.
mission.
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2. T. Before. any Work at the site is staned. CONTRAC- .
TOR shall deliver to OWNER. with a copy to ENGINEER.,'
certificates land'. other evidence' of insurance requested' by' .
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3- and 5.4. and
OWNER shall deliver to CONTRACTOR certificates (and
other evidence of insurance requested by CONTRACTOR)
which OWNER is required' to purchase and maintain in
accordance \\ith paragraphs 5.6 and 5.7.
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P1"f!CortStrucrion Conference:
Z.3. 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 othe:rs as appropriate will be held to liiscuss the
schedule:s refe:rred to in paragraph 2.6. to discuss procedures
for handling Shop Dmwings and other submittals and for
proce:ssing: Applications for Payment. and to establish a working
understanding among the parties as to the: Work.
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Finali:ing Schedules:
. Z.9. At le::1st ten days before submission of the tirst Appli-
cation for P:J.~'ment a conference attended by CONTRAC-
TOR. ENGINEER and others as appropriate will be held [0
finalize: the: ~..:hedules submitted in accordance with parJ.-
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graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time. but such
acceptance will neither impose on EN GINEER responsibility
for the progress or scheduling of the Work: nor relieve CON-
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schediJle of values will
be acceptable to ENGINEER as [0 form and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
b,lent:
. 3.1. The Contract Documents comprise the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for by one is as binding as if called for by all. The.
Contract Documents will be construed in accordance with:
the law of the place of the Project. . .
3.2. Iris the intent of the Contract Documents to describe,
a,funcrlonallY- complete Project (or. part thereof) to be con~"":. "
stiucted in accordance with the Contract Documents. Any" . ':'
Worlc. materials or equipment that may reasonably be werreet '.,..
from the. Contract Documents as being required to produce~ .'~;. .',.
the intended result will" be supplied whether ornotspecificaily- -.::, :-
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.inaccordance: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 (or, 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 incorpore.ted by reference.
in the Contract Documents) shall be effective to change the
duties and responsibilities of OWNER. CONTRAcrOR or
ENGINEER. or any of their consuitants. agents or employ-
ees from those set forth in the Contract Documents. nor shall
ic be effective to assign to ENGINEER. or any of ENGI-
NEER's consultants. agents or employees. any duty or
authoritv to supervise or direct the furnishing or performance.
of t!'le Work or any duty or authority to undertake responsi-
bility contrary to the provisions of paragr:lph 9.15 or 9.16.
Clarifications and interpretations of the Contract Documents
c;hail be issued by ENGIN EER as provided'in paragroph 9.4~
. 3'.3. If. during the performance of the. Work. <;:ONTRAC~
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 .~ec~ed
thereby shall obtain a written interpretation or c1anticatlon
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. from ENGINEER; however. CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conftict. error or discrepancy in the Contract Documents
unless CONTRACTOR had actual knowledge thereof or should
reasonably have 'known thereof. .
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Anunding ami Supple11U!1Ili.ng Contract Docume1llS:
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3.4. The Contract Documents may be amended to pro-
vide for additions. deletions and' revisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways:
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3.4.1. a formal Wrinen Amendment.
3.4.2. a Change Order (pursuant to paragraph 10.4),
or
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3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
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As indicated in paragraphs 1.1.2 and 12.1; Contract Price and
Contract Time may only be changed by a. Change Order or a
Written Amendment.
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3.5. In addition. the requirements of the Contraa:Docu~.' .
ments may. be' supplemented. and minor. variations and devia.
tions in the Work may be authorized, in one or more of the-'
. following ways:.
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3.5.1. a Field Order (pursuanno paragraph.9SJ,
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3.5.2. ENGINEER.s approvalof a, Shop Drawing or'
sample (pursuant to paragraphs 6.16 and 6.27), or
3.5..3. ENGINEER. s wrinen interpretation or clarifi-, .
cation (pursuant to paragraph 9-.4). .
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Reuse of Doc~na:'
. 3.6. Neither- CONTRACTOR nor any Subcontractor or
. , Supplier or other person or organization performing or fur-.
rUshing 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 thereof) prepared by or bearing me
seal of ENGINEER: and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
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ARTICLE 4-A V AILABILITY OF LANDS; PHYSICAL
CONDmONS: REFERENCE POINTS
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A wzilMiJiry of Lands:
4.1. OWNER shall furnish. as indicated in the Contract
Documents. the lands upon which the Work. is to be per-
formed. rights-of-way and easements for access thereto, and
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such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures'or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER. unless otherwise provided in the Contract
Documents. ,If CONTRACTOR believes that any delay in
.OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an .extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shall.provide: for all
additional lands and access thereto that may be required for
temporary constructior: facilities or storage of materials and
equipment.
P/rysiazl CondiJion.s:
4.2.1. uplorations and R~porrs: 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 oropinions 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 site-.' .
4.2'.2~ auring. Srructures: Reference is made to the, ,
Supplementary Conditions for identification. of those. _ ,-.' .,; .
drawings of physicaL conditions in or relating. to' existing' .
s.urface and subsurface s.trUctures (except. Underground.
Facilities referred to, in paragraph 4.3-) which are. at or:
contiguous to the site thar have' been. utilized: by ENGI,. .
NE.ER. 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 shaH have full respon-
sibility with respect to physical conditions in or relating
to such structures.
4.2.3. R~porr of Differing Conditions: If CONTR.'\C-
TOR belicves~that:
4.2.3.1. any technical data on which CONTRAC-
TOR is entitled to rely as prov;dcd in paragraphs 4.2.1
and 4.1.1 is inaccurate. or
4.2.3.2. any physical condition uncovered or
revealed. at.'the site differs materially' from mat indi-
cated. reflected or referred to in the Conaact Docu.
ments.
CONTRACTOR shall. promptly after becoming. aware.
thereof and before performing any Work in cOl1nection
therewith (except in an emergency as permitted by para-
~h 6.21l, notify OWNER and ENGINEER in writing
about the inaccur.lCY or difference.
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4.:!.4. ENGINEER's Rel'ie\\': ENGINEER will
promptly review the pertinent conditions. detennine the
necessity of obtaining additional e:<plomtions or tests with
respect thereto and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and con-
clusions. .
4.2.5. Possihle Document Change: If ENGINEER
concludes that .there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required. a
Work Directive Change or a C~ange Order will be issued
as provided in Article 10 to reflect and document the
consequences of the inaccuracy or difference.
4.1.6. Possihle Price and Time AdjusTme1lts: In each
such case. an increase or decrease in the Contract Price
or an e:uension or shortening of the Contract Time. or any'
combination thereof. will be allowable to the extent that
they are anributable 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 f I and 11.
Physical CorztfUions-llnderground Facilities: "
4.3. L ShoWTf or Indicated.' The information and data.
shown or'indicatedin the Contr.lCt Documents with respect'c"
to existing, Undergt.ound.Facilitiesat or contiguous to the.'
site is based on information and'data furnished to 0 WNER' .'
or ENGINEER by the' owners of such Underground Filcil..
ities or by others. Unless it is otherwise e:tpressly pro.,
vided in thc-'Supplemencary Conditions:
4,3.1.1. OWNER and ENGINEER shall not be
responsible for' the accuracy or completeness of any
such information or clata: and.
..U.1.2. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown,
or indicated in the Contract Documents. for coordina-
tion of the Work with the owners of such Underground
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6.10 and
repairing any damage thereto resulting from the Work.
the cost of all of which will be considered as having
been included in the Contract Price.
4.3.1. Nor Slrown or Indicated. If an Underground
Facility is uncovered or revealed at or contiguous to the
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have been e:tpected to be aware of. CONTRACTOR
shall. promptly aft~r becoming aware thereof and before
performing any Wllrk affected thereby (except in an emer-
gency as permitted by parngmph 6.11), identify the owner
of such U ndc:rground Facility and give written notice thereof
to that owner and to OWNER and ENGINEER. ENGI-
NEER will promptly review the Underground Facility to
detennine the elttent to which the Contract Documents
should be modified to reflect and document the conse-
.. quences oithe existence of the Underground Facility. and
the Contract Documents will be amended or supplemented
to the e;uent necessary. During such time. CONTRAC...
TOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.10.
CONTRACTOR shall be allowed an increase in the Con~
tract Price or an extension of the Contract Time. or both.
to the extent that they are attributable to the e~istence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which 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 11 and 12.
Reference Points:
4.4: OWNER shall provide engineering surveys to estab-
[ish reference points for construction which in ENGINEER's
judgment are necessary to enab Ie CONTRACTOR to proceed
with the Work. CONTRA,CTOR shall be responsible.for lay-
ing out the Work,(unless otherwise specified in the General
Requirements). shall protect and preserve': the established,
. reference points. and shall make nochanges.or relocations. :>. ,,"
without the prior written approval orOWNER. CONTR.-\C~' :,' _
TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires reloc'ation because of "..-.
necessary changes. in grades or locations. and shall be respon-, . ."
, sible for the, accurate' replacement or relocation of."such ref~, ; ;;.
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erence points by professionally qualified personnel. ' "
ARTICLE 5-BONDS AND INSURANCE
Performtlllce and Other Bonds:
5.1. CONTRACTOR shall furnish performance and pay- '
ment Bonds. each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in effect-aL least until one
year after the date when final payment becomes due. e:tcept
as otherwise provided by Law or Regulation or by the Con-
tmct Documents. CONTRACTOR shall also furnish. such
other Bonds as are required by' the Supplementary Condi-
tions. All Bonds shall be in the forms prescribed by Law or.
Regulation or by the Contmct 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 Federal Bonds and as Acceptable Reinsuring Com-
panies'. as published in Circular 570 (amended) by the Audit
Staff Bure:lu of Accounts. U.S. Treasury Department~. All' "
Bonds sisned by an agent must beaccompanied.by acertified
copy of the authority to act.
5.:!. If the surety on any Bond'fumished byCONTRAC~
TOR is decl:lreda bankrupt or becomes insolvent or its right.
to do business is tenninated in any stllte where any p:lrt of
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the Project is locatc:d or it ceases to meet the requirements
of paragraph 5.1, CONTRACTOR shall within five days
thereafter substitute another Bond and Surety. both of whiclt
must be acceptable to OWNER.
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CDriD-actor'S LiabiJizy InsUlTUJCe:
5.3.' CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide proteetisn from claims set forth below which.
may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other obligations under the Contract Documents. whether it
is to be performed or furnished by CONTRACTOR. by any
Subcontractor. by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable~
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5.3.1. Claims under workers' or workmen' s compen.
sation. disability benefits and other similar employee ben-
efit acts;
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5.3.2. Claims for damages because of bodily injury,
occupational sickness or disease. or death of CONTRAC- .
. . TOR. s employees;'
. 5.3.3. Claims for damages because of bodily injury;
sickness or disease. or death of any person other than
CONTRAcrOR.s employees:'
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5.3.4. Claims for da.magc:s insured by personal injury.
liability coverage which. are sustained' (al by any person'
as a result of an offense directly or indireetly related. to:
the employment of such person by CONTRAcrOR. or
(b) by any other person for any other reason;
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5.3.5. Claims for damages. other than to the Work
itself. because of injury to or destnlction of tangible prop-
erty wherever located. including loss of use resulting
therefrom:
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5.3.6. Claims arising out of operation of Laws or Reg.
ulations for damages because of bodily injury or death of
any person or for damage to property; and
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5.3.7. Claims for damages because of bodily injury or'
death of any persoc or property damage arising OUt of the
ownership, maintenance or use of any motor vehicle~
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The insurance required by this paragraph 5.3 shall include.
the specific coverages and be written. for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions. or required by law, whichever is greater;
The comprehensive general Iiability 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 thereof) shall contain a provi-
sion or endorsement that the CQverage affordc:d will not be
cancelled. materially changed or renewal refusc:d until at least
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thirty days' prior written notice has been 'given to OWNER
and ENGINEER by certified mail. All such insurance shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting. removing or
replacing defecrive W cirk in accordance with paragraph 13.12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two years after tinal payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
Corurru:ru.aJ Ua.biJiry Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CO NTRAcrO R 's obligations under paragraphs
6.30 and 6.31.
Owner's Li.abiJi.&y Insurance:
5.5. OWNER shall be responsible for purcl1asing and.
maintaining OWNER's. own liability insurance and.. at'
OWNl='...;R.s option. may purchase and maintain such insur-
ance as will protect OWNER against claims which. may arise.
from operations under the Contract.D~cuments.'
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Propgry I nsurrurc:e:
5.6. Unless otherwise. provided in the Supplementary.
Conditions, QWNERshall. purchase; and main~ propel"ti
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: . c. .
and Regulationsl~ This insurance' shall' include the' interests .
of OWNER. CONTRACTOR.. Subcontractors', ENGINEER
and ENGINEER. sconsultants in the Work. all of whom shall'
be listed as insureds oradditional insured parties. shall insure.
against the' perils of tire and extended coverage and shall
include "all risk" insurance for physical loss and damage
including. theft. vandalism and malicious mischief. collapse
and water damage, and such other perils as may be provided
in the Supplementary Conditions. and shall iru::Jude damages.
losses and expenses arising out of or n:su.lting frOm any insured
loss or incurred in the repair or replacement of any insured
property (including but not limited to fees and charges of
engineers. architects. anomeys and other professionals I. If
not covered under the "all risk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchase and maintain similar property insurance on portions
of the Work. stored on and off the site or in transit when such
portions of the Work are to be included in an Application.for
Payment.
5.7. OWNER shall purchase and maintain such boiler and,
machinery insurance or additional property insurance as, may
be required by the Supplementary Conditions or Laws. and.
Regulations which will include the interests of OWNER~.
CONTRACTOR.' Subcontractors" ENGINEER AND
ENGINEER:s consultants in the Work. all of.whom shall be'
listed as insured or. additional insured parties.
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5.8. All the policies of insurance (or the certificates or
other evidence thereof) required to be purchased and main-
tained by OWNER in accordance with p~phs 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 untiJ at least thirty days' prior wrinen notice has been
. given to CONTRACTOR 'by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
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5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the interests
of CONTRACTOR. Subcontracton; 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 ifany of them
wishes property insurance coverage within the limits of such
amounts. each may purchase and maintain it at the purchas-
: er's own expense.
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5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy. OWNER shall. if possible. include such insurance. and
the cost thereofwiJ[ be charged to CONTRACTOR by appro-,
priate Change Order or Wrinen Amendment. Prior to com-.:
mencement of the Work at the site. OWNER shalUn writinli
advise CONTRA,CTOR whether or not such other insurance
has been procured by OWNER.
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. Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages. caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any: .:
other' property insurance applicable to the Work..and also'
waive all such rights against the Subcontractors. ENGI-
NEER. ENGINEER's consultants and all other parties
named as insureds in such policies for losses and damages
50 caused. As requin:d by paragraph 6.11. each 5ubcon-'
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!lY-
able under any policy so issued.
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5.11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protel:t all of the parties insured und provide primary'
cover.lge for aU losses and damages caused by the perils
covered thereby. Accordingly. all such policies shall con-
tain provisiuns to the effect that in the event of payment.
of any loss or'ililmage the insurer will have no rights of
recovery aguinst any of the parties named as insureds or
additional insureds. and if the insurers require separnte
waiver fonns to be signet.! by ENGINEER or ENGI-
NEER's cllnsultant OWNER will obtain the ~ame. amI if
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such waiver forms are required of any Subcontractor.
CONTRACTOR will obtain the same.
Receipt and Applit:ation of Proceeds: '
5. 12. Any insured loss under the policies of insurance
required by paragraphs 5,6 and 5.7 will be adj!lSted 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 shaH deposit in a separate account any money
so received. and shalr 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 W orlc 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 set7
tlement with the insurers.in accordance with such aireement ......
as the panies in interest may reach. Ifrequired in writing by.. . :,,';.'
.any party in interest. OWNER' as trustee shall. upon the: ",:~'.
occurrence of an insured loss. give bond for the proper per,;.: . .'
focmance of such. duties. ",
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Acceptance- of liuurance:
5~ 14. If OWNER has any objection to the coverage afforded.
. by or other provisions of the insurance' .reqttired 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 2.7; If CONTRACTOR has any objection to the.
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5'.6 and 5.7 on the basis of
their no~ complying with the Contract Documents. CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection ,within
the time provided shall constitute acceptance of such insur-
ance purchased by the other lIS complying with the Contract
Documents.
PartiJzL Utili:.lztion-Property lnsuranc~:
5. IS. If OWNER finds it necessary to occupy 'or use a,
portion or portions of the W uric prior to Substantial Comple-.
tion of all the Worlc~ such use or occupancy may be accom-
plishetl in accordance with paragraph 14.10: provided ttult no
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such use or occupancy shall commence before the insurers
prov;ding the propen:y insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces-
sitated thereby. The insuren providins the property insur-
ance shall consent by endors.ement on the .policy or policies,
, but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
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ARTICLE &-CONTRACTOR'S RESPONSIBILmES
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Supervision and S~rinundmCt:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently. devoting such anention tbereto
and applying such skills and expertise as may be necessary .
to perform the Work in accordance with the Contract Doc.
uments. CONTRACTOR shall be solely responsible for the.
means, methods. techniques. sequences and procedures of
construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means, method. technique. sequence or procedure
of construction which is indicated' in and required by the. ..
Contract Documents. CONTRACTOR sha1lbe responsible.. '
to see that the finished Work complies accurately with the.
Contract Documents:
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6.2. CONTRACTOR shall Keq:l on the Work atalltimCS'
during its progress a competent resident superintendent. who-
shall not be replaced witbout written notice to OWNER and"
ENGINEER except.underexuaordinary circumstances. The
superintendent w1ll 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 ifgiven to CONTRACTOR.
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LD.bor, Mauri4ls ami Equipment:
6.3. CONTRACTOR shall provide coml'Ctent. suitably
qualifie1i personnel to survey and layout the WorK and per-
form construction as required by the Contract Document.s.
CONTRACTOR shall at all times mainta:ln good discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or propen:y 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-
len consent given after prior wrinen notice to ENGINEER.
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6.4. Unless otherwise specified in the General ~ire-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for alJ materials. equipment. labor. transportation.
construction equipment and machinery. tools. appliances.
fuel. power. light. heat. telephone. water. sanitary facilities.
temporary facilities and all other facilities and incidentals
necessary for the furnishing. performance. testing. start~up
and. completion of the Work.
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6.5. All materials and equipment shall be of good quality
and new. except as otherwise provided in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactOry evidence. (including reports of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed. con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assign to
ENGINEER. or any of ENGINEER.s consultants. agents or .
empJoyees. any duty or authority 10 supervise or direct the
furnishing or performance of the Work or any duty or author-
ity to undertake responsibility contrary to the prov;sions of
paragraph 9.15 or 9.16.
. AdjuSting Pro~s Schetiuk:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph :.9) adjust-
ments in the progress schedule to reflect the impact thereon
H' of new developments: these win conform generally to the
progress schedule then in effect and additionally will comply
. with any provisions of the General Requirements applicable' .',
thereto. ... .
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, Sub$tilulu or "Or-Equtzl" Ite1tU:
6.7.1., ' Whenevermacerials or equipment are. specified:. .
ordescnbed in the Contract Documents by using the. name: .
of a proprietary item or the'. name. of a particular'Supplier .
, the naming, oEthe item~ is intended to establish. the type.
function and quality required.. Unless the name is: followed . .
by words' indicating that no substitution: is pe~tted,.
materials or equipment of other Suppliers may be accepted.
by ENGINEER if sufficient information is sub mined 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. CONTRAcrOR shall make writ-
ten application to ENGINEER for acceptance thereof;
certifying that the- proposed substitute will perform ade-
quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute WIll not prejudice
CONTRAcrOR.s, achievement of Substantial Comple-
tion on time. whether. or not accepcance.of the: substitute-
for .use in the: Wor!c will require a change. in any of the
Contract Documents (or in the provisions. ofariy, other.
direct contract with OWNER for work on the Project) to:-
adapt the design to the proposed substitu~e: and. whether
or not incorporation or use of the substitute in connection. .
with the Work is subject to payment of any license fee: or
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royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi-
cated. The appiication will also contain an itemized esti-
mate of all costs that will result directly or indirectly from
acceptance of such substitute. including costs of redesign
and cla'ims of other contractors atTected by the resulting
change. all of which shall be considered by ENGINEER
in evaluating the proposed substitute. ENGlNEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data ab.out the proposed substitute.
6. i .2. If a specific means. method. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR may furnish or
utilize a substitute means. method. sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow.
ENGINEER to determine that the substitute proposed is
equivalent to that indic:ued or required by the Contract
Documents. The procedure for review by. ENGINEER
will be similar to that provided in parngraph 6.7.1 as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements;
6.7.3. ENGINEER will be allowed a reasonable tim~;..
~ithin which to evaluate. each. proposed substitute. ENGI- ..
NEER will be the sole judge- of acceptability. and no .
substitute will be ordered. installed or utilized. without
ENG INEER '.s prior written acceptance, which will be evi..:
denced by either a Change Order or an approved. Shop..;.
Drawing. OWNER may require CONTRACTOR to fur~..
nish at CONTRACTOR.s e:<pense a.special performance~ ..
guarantee or other surety with respect to any substitute.
ENGINEER will record time. required by ENGINEER.
and ENGINEER.s consultants in evaluating substitutions
proposed by CONTRACTOR and in making changes. in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute. CON-.
TRA.CTOR shall reimburse OWNER for the charges of:
ENGINEER and ENGINEER's consultants for evaluat-
ing ~ach proposed substitute.
Concerning Subcontractors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor. Su p plier or other person or organization (i ncluding
those acceptable to OWNER and ENGINEER as indi-
cated in paragraph 6.8.2). whether initially or as u substi.
tute. against whom OWNER or ENGINEER may ha\'~
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. Supplier or other person I.lr
organization to furnish or pertorm any ofthe Wurk against
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions. r~quire th~
identity of c~rcain Subcontractors. Suppliers ur I.lther p~r-
sons or organizations (including those who are to furnish
the principal items uf materials and cquipmentl to be sub-
mitted to OWNER in advance of the specified date pril,r
to the Effective Datt: of the Agreement for acc~ptance by
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWNER's or ENGINEER's accept-
ance r either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance or objec-
tion in.the bidding documents or the Contract Documents)
of any such Subcontractor. Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute. the
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER I.lr ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiver of any right of OWNER or ENGI-
NEER to reject defectil'e Work.
6.9. CONTRACTOR shall be. fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing any of the. Work under a direct or... ..,.
indirect contract with CONTRACTOR just as CONTRAC- ."
TOR is responsible for CONTRACTOR's own acts' and omis-
sions. Nothing, in the Contract Documents shall. create any,.:
contractual relationship between, OWNER or EN.G.lNEER ':',~_I_~. .....: ~.h'~;:
and any such Subcontrnctor. 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 paymencof', ,...
any-moneys.due any such Subcontractor. Supplier or. other <
person or organization .except. as. may otherwise be required
by Laws and Re~ations.
6.) 0: The divisions and sections of the Specifications and'
the identifications of any Drawings shall not control CON-
TRACTOR in. dividing the Work among, Subcontractors or . ...
Suppliers or delineating the Work to be. performed by any .
specific trade. .
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6.11. All Work perfonned for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cificalJy binds the Subcontractor to the appligble terms and
conditions of the Contract- Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.11. CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs 5.6 and 5.7,
Patent Fees and Ro.valties:
6,12. CONTRACTOR shall pay all license fees and roy-
alties and assume all costs incident to the use in the perfor- .
mance of the Work or the incorpor:1tion in the Work IJf any
inv~ntion. design. process. product IJr device which is the.
subject of patent rights or copyrights held by' others. If a
purcicular invention. design. process. product IJr device is
specified in the Contract Documents for use in the perfor-.
mance of the Work :lnd iftu the actual knowledge ufOWNER
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or ENGINEER its USe is subject to patent rights or-copyrights
calling for the payment of any license fee or royalty to others.
the existence of such- rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmiess OWNER and .ENGINEER and .anyone
directly or indirectly employed by either of them from and
against all claims, damages. losses and expenses (inciuding
attorneys' fees and coun and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design. process.
product or device not specified in the Contract Documents.
and shall defend all such cl.aims in connection with any alleged
infringement of such rights.
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Permils:
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 I in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges'
and inspection fees necessary for the prosecution of the Work._.
which are applicable-at the tUne of opening of Bids, or if there.
are no Bids- on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con--.
. nec.tions to the Work.. and OWNER shall pay all charges of'
SUChlltiliry ownen for capital: costs related thereto such-.as
plant investment' fees.
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lAws aJUi-Regula.tioru:
6.14.1. - CONTRACTOR sli.aJI give all notices and.. .
comply with all Laws and Regulations- applicable to fur--
nishing. and performance of the Work Except wbere 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 Reguiations.
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6-.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations. CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations.. and without. such notice to
ENGINEER. CONTRACTOR shall bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
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Ta:ces:
6.15. CONTRACTOR shall pay all sales. consumer. use
and OthCT similar taxes required to be paid by CONTRAC-
TOR in accordance with the Laws and Regulations of the
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place of the Project which arc applicable during the perfor-
mance of the Work.
U$e of Proni.su:
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 lUU'eaSOnably
encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area. or to
the owner or ocCupant thereof or of any land or areas contig-
uous thereto. resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
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of the Work. CONTRACTOR shall promptly attempt to settie
- with such other parry by agreement or otherwise resolve the-
claim by arbitration or at law. CONTRACTOR shall, to the -,
fullest extent permitted by Laws and Regulations, indemnify
and hold. OWNER and ENGINEER harmless from and against ..
all claiins. damages. losses and expenses (inclUding, bur not:-
limited to. fees of engineers. an:hitects. anorneysand othet-~;. ,,' H_
professionals. and coUrt arid arbitration costs) ariSing_directly; :-' ,_
indirectl.y or consequentially out of any action~ legal or cqui~-: ; ,-
table. brought by any Such other party"against OWNER or"
ENGINEERc to the extent based OD 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' WorL . -
At the completion,ofthe-WorkCONTRAcrORshall-remove'-
all waste materials. rubbisb and debris. from and about the
premises as well as all tools. aPJl\iances. consuuction equip- .
ment and machinery, and sW1'lus materials. and shall leave
the site clean and ready for occullancy by OWNER. CON--
- TRACI"OR shall restore to original condition all propertY not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
of any structUre to be loaded in any manner that will endanger
the structure. nor shall CONTRAcrOR subject any part of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record Docume1Jl:S:
6.19. CONTRACTOR shall maintain in a safe, place- at
the site one record copy of all Drawings. Specifications.,
Addenda, Written Amendments. Change Orden. Work i -
Directive Changes. Field Orders and written interpretations
and cl3ri1ications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during_ con-,
strUction. These record documents together with all approved.'
samples and a counterpart of all. approved Shop Drawings
will be available to ENGINEER for reference. Upon com-
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pletion of the Work. these record documents. -samples and
Shop Drawings will be delivered to EJ."'GINEER for OWNER.
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Safety and Protection:
6.20. CONTRACTOR-shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for the safety of. and shall
. provide the necessary protection to prevent damage. injury
or loss to: -
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6.20. I. all employees on the Work and other persons
and organizations who may be affected thereby:
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6.20.2. all the Work and materials and equipment to
be incorporated therein. whether in storage on or off the
site: and
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- 6.20.3. other property at the site or adjacent thereto. .
including trees. shrubs. lawns. walks. pavements. road-
ways. SU1.lctures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the-
course of construction.
-II
CONTRACTOR shall comply with all applicable Laws and _ _
- Regulations of any public body having- jurisdiction for the':
safety-ofpersons or property ono 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 ofthe Work~.
may affect- them~ and shall cooperate with. them in the, pro-- -
tection. removal. relocation and replacement of their prop- --
ert)'. All damage. injury or loss to any property referred to
in paragraph 6.20.2 or 6.20.3 caused. directly or indirectly._
in whole or in part. by CONTRACTOR. any Subcontractor; .
Supplier or any other person or organization directly or indi-
rectly employed by any of them to perform or furnish any of
the Work or anyone for-whose acts any of them may be liable.
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of" Drawings or Specific<ltions or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by ~ither of them or anyone for whose: acts either
of them may be: liable. and not attributable. direl.:tly or indi-
rectly. in whole: or-in part. to the fault or negligenl.:e: of CON-
TR.-\CTOR). CONTRACTOR's duties and responsibilities
for the safety :lnd procection of the Work shall continue untiJ
such cime as all the Work is completed and ENGINEER has
issuc::d a notice to OWNER and CONTRACTOR in accord-
ance with pumgraph 14.13 that the Work is acceptable (except
as otherwise expressly provided in connection with Subsran-
cial C\.lmpletionl.
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6.': I. CONTRACTOR shall designate a respl1nsible rep--
resent<lcive aC the site whose liuty shull be the pre\'e:ntion llf
accidents. This person shall be CONTRACTOR's superin-
tendenc unless othel"\vise lie-signaled in wricing by CON-
TR.-\CTOR [0 OWNER.
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Emergencies .'
6.22. In emergencies affecting the safety orprotection of
persons or the Work or property at the site or adjacent thereto.
CONTRACTOR. without sp-ecial instruction or authorization
from ENGINEER or OWNER. is obJigated 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. If ENGI-
NEER determines that a change in the Contract Documents
is required because of the action taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
Shop Drawings and Samples.'
6.23. After checking and verifying all field measurements'
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the-.
accepted schedule of Shop. Drawing submissions (see para-.,
graph :.9). 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. :.' .'~' --, c
. - which will bear a stamp or specific written indication. that. ' ~_,- --.
CONTRACTOR has satisfied CONTRACTOR's responsi.- .~
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- bilities under- the Contract Documents with respect to th~
review of the submission. All submissions will be identified..
. as ENGINEER may require. The data shown on the Shop:
Drawings will be complete- with respect to quantities. dimen-: - __
sions. specified performance and design criteria. materials ~ :' ,,-
'-and'-similar data to enable ENGINEER to review the infor-'" --
mation as required.
6.24. CONTRACTOR shall also submit to ENGINEER.
- for review and approval with such promptness as to cause'
no delay in Work. all samples required by the Contract Doc-
uments. All samples will have been checked by and accom-'
panied by a specific written indication that CONTR.6,.CTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respet:t to the review of the sub-
mission and will be identified clearly as to Cffilterial. S4pplier~
pertinent data such as catalog numbers and the use for which
intended.
6.25.1. Before submission of each Shop Drawing or
sample CONTR..l,.CTOR shall have determined and veri-
fied all quantities. dimensions. specified performance cri-
teria. installation requirements. materials. catalog num-
bers <Ind similur data with respect thereto and reviewed
or coordinated each Shop Drawing or swnple with_ other
Shop Drawings <Ind samples and with the requirements of
the Work and the Contract Documents.
, 6..25.2. At the time \.If each submission. CONTR.-\C-
TOR shall give ENGINEER specific written notice- of each
variation that the Shop Drawings or samples- muy ha_ve
from the requirements \Jf the Cl10tract Documents. and.
in additiun. shull cause ;1 specific notation 10 be mude: on
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each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
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6.26. ENGINEER will review and approve with reason-
able promptness Shop Drawingsanct samples. but ENGl- "
NEER" s review and approval will be only for conformanc:
with the design conc:pt of the Project and for compliance
with the information given ill the ContraCt Documents and
shall not extend to means. methods. techniques, sequences
or procedures of coostruction (except where a specific means.
method, technique, sequence or procedure of constrUction is
indicated in or required. by the Coimact Documents) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate.
approval of the assembly in which the item functions. CON- .
TRAcrOR shall make corrections required by ENGINEER.
and shall return the required number of corrected copies of
Shop Drawings and submit as required new samples for review
and approval. CONTRACTOR shall direct specific attention
in writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
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6.27. ENGINEER.s review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the- requirements of the. .
Contract Documents unless CONTRAcrORhas in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 625.2 and:.
.. ENGINEER has given written: approval of each, sucl1varia-
tion by. a specific written notation. thereof incorporated in or..
accompanying the Shop Drawing or sample' approval; nor.
. will any approval. by ENGINEER relieve CONTRAcrOR
from responsibiliryfor errors or omissions in the Shop Draw-.
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25. L
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6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRAcrOR_
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Colllinuing tJu Work...
6.29. CONTRAcrOR 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
permined by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise'agree in writing.
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lrul.ururijiazrin:
6.30. To the fullest extent pennitted by Laws and Regu-
lations CONTRAcrOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants, agents and
employees from and against all claims, damages, losses and
expenses. direct. indirect or consequential (including but not
limited to fees and charges of engineers. architects. aaomeys
and other professionals and coun and arbitration costs) aris-
ing out of or resulting from the performance of the Work,
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provided.that any such claim. damage. loss or expense (a) is
attributable to bodily i~ury, sickness. disease or death. orto
injury to or destruction of tangible property (other than the
Work itself1 including the Joss of use resulting therefrom and
(b) is caused in whole or in pan by any negligent act or
omission ofCONTRAcrOR. any Subcontractor. any person
or organization direetly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them .may be liable. regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such party.
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants, agents or employees. by
any employee of CONTRAcrOR. 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 CONTRAcrOR
or any such Subcontractor or other person or organization
under workers' or workmen's compensation actS. disability
. benefit acts or other employee benefit .acts.. _
5~32. . The obligations of CONTRAcrOR under para- .
graph 6.30 shall not extend to the liability of ENGINEER...
ENGINEER's l:Oosultants. agents or- employees arising out: ...
of the preparation or'approval of maps. drawings. opinions,.
reportS, surveys. Change Orders. designs or specifications.
ARTICLE 1-OTHER WORK
Rl!laud Worlc at SiU:
7.1. OWNER may perform other work related to the Proj_
ect at the site by OWNER.'s own forces. have other work
performed by utility owners or let other direct COntrna5 therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performe!t was not noted:
in the Contract Documents., written notice thereof will be:
given to CONTRACTOR prior to starting any such other
work; and. if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to agree
as to the extent thereof. CONTRAcrOR may make a claim
therefor as provided in Articles I] and. 12.
7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER. if OWNER is performing the additional wo1ic. with
OWNER's employees) proper and safe access to the site and'
a reasonable opportUnity for the introduction and storage of'
materials and equipment and the execution of such w~. and
shall properly connect and coordinate the Work: with. theirs_.
CONTRACTOR shall do ail cuuing. fitting. and patching, of
the Work that may be required to make its several partS come'
together property and integrate with such other worle.. CON-
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.TRACTOR shall not endanger any work of others by cutting.
excavating or otherwise altering their work and will only cut
or alter their work with the written consent of'ENGINEER
and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are
for the benefit of such utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWNER and such utility owners and other contractors.
7.3. If any part of CONTRACTOR.s Work depends for
proper e:<ecution or results upon the work of any such other
contractor or utility owner (or OWNER). CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper ~xecution and
results. CONTRACTOR.s failure so to reporrwill constitute
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work.
Coorrliruuion:
7.4. If OWNER contracts with others for the perfor-
mance of other work on the. Project anhe 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 I"Csponsibilities.wiItbeprovided. inthe:Supplementary~'
Conditions. Unless othetwiseprovided in the Sup'p[ementary::
Conditions. neither OWNER nor.ENGINEERshalLhave any".':
authority or responsibility in. respect of such coordination.
ARTICLE 8-OWNER'S RESPONSIBILITIES
8. I. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
8.2. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRAcrOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of the fonner
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitr:ltion.
8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make PllY-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs 14.4 and 14.13.
8.4. OWNER's,duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4.1 and 4.4. Para-
graph 4.2 refers to OWNER.s identifying and making avail-
able to CONTRACTOR copies of reports of explorations and
tests of subsu rface conditions llt the site and in e:tisting strue-
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 lOA.
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.l0and Ij.I.Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representalive.'
.. . 9,1. ENGINEER will be OWNER's representative du'r~'
, ing'the construction period. The: duties and responsibilities'~
and the,'Iimit3.tions OfauthorilY ofENGINEE..~.as OWN:ER,.i.:.'-
representative during construction are set forth in me. 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: e:tecuted 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 ~ffortS.
will be directed toward providing for OWNER a greater degree.
of confidence that the completed Work wi![ conform to the.
Contract Documents. On the basis of suc~isits and on-site.
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed ofth.: prog,
ress of me Work and will endeavor to guard OWNER :lgainst
defects and deficiencies in the Work.
Project Repnsenlalion:
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 IJf 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 ENG INEER.s agent or employee; theh duties..' .
responsibilities' and limitations' of authority. of such. IJther'
person will be as provided in the Supplementary' Conditions.
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CIarijir:Irtioru arui lnu'11ntll1iDru:
9.4. ENGINEER will issue with reasonable promp01ess
such wrinen clariftcitions or interpretations of the require- .
ments of the Contract Documents (m the fomt of Drawings
or otherwise) as ENGINEER may determine necessary. which
shall be consistent with or, reasonably inferable from the
overall intent of the Contract Documents. IfCONTRACrOR
believes that a written clarification or interpretation justifies
an increase in the Contract Price or an extension of the
,Contract Time and the parties.are unable to agree to the
amount or extent thereof. CONTRAc;:TOR may make a claim
therefor as provided in Ankle 11 or Anicle 11.
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AuJhoriuti Var".atioru in Wor*:
9.5. 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
. CONTRAcrOR who shall perform the Work involved
promptly. If CONTRAC!'OR believes. that a. Field Order
justifies an increase in the Contract Price or an extension of
the ContraCt Time and the parties ~ unable to' agree as to .
the. amount or extent thereof. CONTRAC!'OR may make. a
claim therefor as provided.inArticle 11 or 12. .
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. Rejecti.ng..~feai.vt Work: .
9.6. ENGINEER will bave authority to. disapprove. or.. .
,reject Work which-ENGINEER.believes .to. be defective; and,
will also have authority to require special inspection or.testing.
of the Work as provided in paragraph 13.9. wbether or not
the Work is fabricated. installed. or completed~
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Shop Drawings, ChDnge Orden fl1ui.PayTMnlS:
9.7. In connection with ENGINEER.s responsibility for.
Shop Drawings and samples. see paragraphs 6.23 through
6.19 inclusive.
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9.8. In connection with ENGINEER's responsibilities as
to Change Orders. see Anicles lO, 1 I and 12.
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9.9. In connection with ENGINEER' s responsibilities in
respect of Applications for Payment. etc.. see Anicle 14.
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Dltei"'1ffinatiJJnsfo" UniJ. PriI:n:
9.10. ENGINEER will determine the actual quanutJes
and classifications of Unit Price Worle performed by CON-
TR...-<\crOR. ENGINEER will review with CONTRAC!'OR
ENGINEER.s preliminary determinations on such matters
before rendering a wrincn decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI-
N EER . s written decisions thereon will be final and binding
upon OWNER and CONTRAcrOR. wUcss. within ten days
after the date of any such decision. either OWNER or CON-
TRAcrOR delivers to the other party to the Agreement and,
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to ENGINEER wrinen notice of intention to appeal from
such a decision. .
Dedsi.oru on Dispuus:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acCeptability of the Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
penaining to the performance and furnishing of the Work and
claims under Articles 11 and 12 in respect of changes in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writing with a request for a formal decision
in accordance with this paragraph. which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim. dispute and other matter will be delivered_
by the claimant to ENGINEER and the other party to the,
Agreement promptly (but in no event later than thirty days)
after the oc:currc:nce of the event giving rise thereto. and .
written supporting data will be submitted to ENGINEER and
the other party within. sixty days after such occurrence unless.
ENGINEER allows an additional period of time to asce~_
more accurate data in support of the ~
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9.12. When functioning as interpreter arid judge under' ..:. .-. :,;
paragraphs 9.10dand 9.11. 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',m such" capacity". The rendering ora,decision by": "._
ENGINEER pursuant to paragraphs 9.10and.9 .11 withrcspea: "
to any such claim. dispute, or other matter (except, any which,.
have been waived. by the. making. or acceptance offinal pay-
ment as provided in paragraph 14.16) will be. a condition'. .::: r, ... .
precedent to. any exercise by OWNER. or. CONTRACTOIt .
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 maner.
"-
Umilatioru on ENGINEER's R~~rWbilitUs:
9.13. Neither ENGINEER's authoritv to act under this.
Article 9 or elsewhere in the,ContraCt Documents nor any
decision made by ENGINEER in good faith eitheTto exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRAC!'OR. any Sub-
contractOr. any Supplier, or any other person or organization j
performing any of the Work. ono any surety for any of them.. . I
9.14. Whenever in the Contract Documents the terms"as
ordered.....as directed.....as required.....asaliowed... "as.
approved" or terms of like effect orimpoTt are used. or the
adjectives .'reasonable... ..suitable". ..acceptable..~..proper.. . I . .
or .'satisfactory.' or adjectives of like effect or import are
used to describe a requirement. direction. review orjudgment.
of ENGINEER as to the Work. it is intended trult such.
requirement. direction. review or judgment will be soieJy to
evaluate the Work ,for compliance with the Contract Docu.
ments (unless there is a specific statement indicating.other.
wise). The use of any such term or adjective shall not be .
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effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary
to the provisions of paragraph 9.15 or 9.16.
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9.15. ENGINEER will not be responsible for CON-
TRACTOR's means. methods. techniques. sequences or pro-
cedures of construction. or the safety precautions and pro- '.
grams incident thereto. and ENGINEER will not be respon-
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
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9.16. ENGINEER will nOI be responsible forthe 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.
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ARTICLE IO-CHANGES IN THE WORK
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10.1. Without invalidating theA~ment and without notice
to any surety. OWNER may. at any time. or from time to.
time.. order additions, deletions or revisions in the Work~
these wilt be authorized by a WtittenArnendment. a Change_
Order. or a Work Directive Change. Upon receipt of any such: :
document. CONTRACTOR shall promptly proceed with the '.
Work involved which will be performed'under: the'applicable' .
conditions of the Contract Documents. (excepc as other-wise'
. specifically provided).
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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 shor-tening of. the Ccntmcr,
Time that should beailowed' as a result of a Work Directive
Change. a claim may be made therefor as provided in Article
11 or Article 11.
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10.3. CONTRACTOR shall not be, entitled to an increase
in the Contract Price or an e:ttension of the Contract Time'
with respect to any Work, performed that is not required by
, the Contract Documents as amended. modified and supple-
mented as provided in paragraphs 3.4 and 3.5. except in the
case of an emergency as provided in paragraph 6.22 and
except in the case of uncovering Work as provided in para.'
graph 13.9.
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[004. OWNER and CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendments) covering::
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[0..+.1. changes in the Work which are ordered by
OWNER pursuant to paragraph 10.1. are,required bec:luse
of acceptanl.:e of deft!C"ril'e Work under paragrnph 13. [3 or
correcting clefecri\'(! Work under paragraph 13. L~. or are
agreed to by the parties:
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IO..+.:!. changes in the Contract Price or Contract Time
which are agreed to by the parties: and
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10.4,3, changes in the Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraplr,9.11:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance.
with the provisions of the Contract Documents and applicable'
Laws and Regulations; but during any such appeal. CON-
TRACTOR shall carry on the Work and adhere to'the prog- , '
ress schedule as provided in paragraph ,6.29.
10.5. If notice of any change affecting the general scope
'of the Work or the provisions of the Contract Documents
(including. but not limited to. Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notice will be CONTRAC- '
TOR's responsibility. and the amount of each applicable Bond'
Wlll be adjusted accordingly. '
ARTICLE Il.:......cHANGE OF CONTRACT PRlCE
11. I. 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 as~igned to or undertaken by CON~ : :",;
TRACTOR shall be, at. his expense without change in the: ....
Contract Price:..' . ;1 '. .'
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'11.2. The. Contract Price may only be changed by a Change
Order or by a Written, Amendment. Any claim for an increase
, or decrease in: the Contract- Price shall be' based on written:
notice'd-i:1ivered,by the party making. the claim touthe, other
party and toENGINEERpromptly (but ~n no eventlaterthan "
thirty days) after the occurrence of the event giving rise to-
the claim and stating the general nature of the' claim. Notice
of the amount' of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain,
more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the.
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise a2ree on the amount involved. No claim
for an adjustment i~ the Contract Price will be valid if not
submitted in accordance with this parngraph I I.:!.
11.3. The value of any Work covered by a Change' Order'
or of any claim for an increase or decrease in the' Contract' I
Price sh;U1 be determined in one of the following' ways:
,11.3.1. Where the Work involved is covered by unit.
prices contained in the Contract Documents. by,appliC:l.-
tion of unit prices- to the quantities of the- items involved:
(subject to the provisions of paragraphs 11.9.1. through
11.9.3. inclusive).
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) 1.3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and protit not
necessari,ly in accordance with paragraph 1 1.6.2.1).
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11.3.3. On the basis of the Cost of the Work (deter-
mined as providec in paragraphs I 1.4 and 11.5) plus a
CONTRAITOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
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Cost of th.i! Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER. such costs shall be
in amounts no higher than those prevailing in the locality of
the Project. shall include only the following items and shall
Dot include any of the costs itemized in paragraph 11.5:
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11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees DOl
employed full time on the Work shall be apponioned on.
the basis of their time spent on the Work. Payroll costs
shall include. but not be limited. to" salaries and wages:
plus the cost of fringe benefits which shall include social,
security. contnbutions. unemployment. excise'and payrolL. .
taxes. workers. or. workmen's: compensation, health and:
retirement benefits; bonuses. sick leave.. vacation and hol-
iday pay applicable, thereto. S.uch employees shall include.
superintendents and. foremen at the: site. The. expenses of
performing Work after regular working hours. on. Satur-
day, Sunday or legal holidays. shall be included in the
above to the extent authorized by OWNER.
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11.4.2. Cost of all materials and equipment furnished.
and incorporated in the Work. including costs of trans-
portation and storage thereof. and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
with CONTRACTOR with which to make payments, in
which case the cash discounts shall accrue to OWNER.
All trade discounts, rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained.
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I 1.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors.
If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontr.lCtors 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
Subconcractor is to be paid on the basis of Cost of the
Work Plus a Fee; the SubcontraCtor's Cost of the Work
sball be determined in the same manner as CONTRAC-
TOR's Cost of the Work. All subcontracts shall be subject
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to the other provisions of the Contract Documents insofar
as al'plicable. .
I 1.4.4, Costs of special consultants (including but nor
limited to-engineers. architects. testing laboratories. sur-
veyors, attorneys and accountants) employed for services
specifically related to the Work.
.11.4.5. Supplemental costs including the following:
11.4.5; 1. The proponion of necessary transporta-
tion. travel and subsistence eXl'enses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.1. Cost. including transportation and main-
tenance. of all materials. supplies. equipment. machin-
, ery, appliances, office and temporary facilities at the
site and l1and tools not owned by the workers. which
are consumed in the performance of the W ork~ 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'.
CONTRACTOR or othen in accordance with rerltar
agreements approved by. OWNER with the advice of.
: ENGINEER.. and thc,costs oftransportation.loa.di.i1g.
unloading, installation., dismantling and: removal: .
thereof-all. in accordance with terms of said rental:' .p
agreements. The.rental.ofany such equipment. machin,.,.
cry orpans:shall ceasewhen.the use thereofis.no longer. ,
necessary for the Work.
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11,4.5.4. Sales. consumer, use- or similar taxes.
related to the Work. and for which CONTRACTOR js:;
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 Jiable. and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses). not compensated by insurance or otherwise.
to the Worle 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,act.s any of them may be liable~ Such,". .
iosses shall include settlements made with the ~tten
consent and approval of OWNER. No such losses.
damages and, expenses shall be included in the Cost. of
the Work for the purpose of dete:rnrining CONTRAC--
TOR's Fee. If. however. any such loss or damage'
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requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for
services a fe~ proportionate to. that stated in paragraph
( 1.6.2.
11.4,5,7, The. cost of utilities. fuel and sanitary
facilities at the site..
11.4.5.8. Minor expenses such as tele!!rams. lone
distance telephone calls. telephone service- at the site~
expressage and similar petty C:lsh items in connection
with the Work.
11.4.5,9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for propen:y insurance coverage 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:
11.5.1. Payroll costs and other compensation of CON"
TRACTOR's officers, executives. principals (of partner-
ship and sole proprietorshipsl~ general managers. engi-
neers. architects. estimators.. attorneys.. auditors. accoun-
tants. purchasing-and contractin~ agents. expeditors.. ,.
timekeepers. clerks and other personnel employed by.',.
CONTRACTOR whether at the site or in CONTRAC:. .
TOR's principal or a. branch.office. for general administra-
. tion of the Work and. not specifically included in.the:agreed .
upon schedule of job classifications referred. [0 in para-
graph 11.4. 1 or specifically covered by paragraph I IA.+- .
all of which are to be considered administrative costs
covered by the CONTRACTOR.sFee.
11.5.1. Expenses l,f CONTRACTOR's. principal and.
branch offices other than CONTRACTOR's office at the
site.
t1.5.3, .~y part ofCONTRACTOR's capital expenses.
including interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR for
delinquent payments.
11.5,4, Cost of premiums for all Bonds and for all
insurance whether or not CONTRA,CTOR is required by
the Commct Documents to purchase and maintain the:
same (except for the: cost of premiums covered by sub-
paragraph II A.5.9 above).
11.5.5. Costs due: to the negiigencl: of CONTRAC-
TOR. any Subcontrn~tor. or anyone directly or indirectly
employed by any of l:,em or for whoc;e acts any of them
m~y be liahle:, ! nd'Jdin!; but not limiteJ to. the correction
of Jej,'ui,: \':urk. Jisposal llf m:uenals or equipment
wrongly SUI -.1 i!..': ..,uking good any damage to prop-
erty,
11.5.6. Other uve:rhead or general expense costs of
any kind and the custS of any item not specifically and
expressly induded in paragrolph 1.1.4.
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CONTRACTOR's Fee:
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, 11.6. The CONTRACTOR's Fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11.5.,1. il mutually acceptable fixed fee: or if none can.
be. agreed upon.
11.6.2. a fee based on the following percentages of ttie
various portions of the Cost of the Work:
11.6.2~ I. for costs incurred under paragfaphs 11.4. r
and 11.4.2. the CONTRACTOR's Fee shall be fifteen
percent:
11.6.1.1. for costs incurred under paragraph 11.4.3.
the CONTRACTOR's Fee shall be F.ve percent: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee. the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
11.6.1.3. no fee shall be payable on the basis of . ..
costs itemized under paragraphs 11.4.4. 11".4.5 and. 11.5: .
. 11.6.2.4. the amount of credit to be allowe.d bv.'>: .
CONTRA.CTORto 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 .
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11.6~1.5.. when both additions .and, credits'. a:r~; '.."
involved in anyone change. the. adjustment in CON- .. .
TRACTO~s Fee'shalI be. computed.: on the basis of the::":":
. net' change in accordance with paragraphs n .6.1.1. .
thrOugh 11.6.1:4. inclusive.
" to
11.7. Wheneverthe cost of any Work is to be determinetf
pursuant to paragraph 11.4 or 11.5, CONTRACTOR will. .
submit in form acceptable to ENGINEER an itemized cost.
breakdown together with suppon:ing data.
. Cash AllowQnc~s: .
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be done
by such Subcontractors or Suppliers and for such sums within
the limit of the. allowances as may be acceptable to ENGI-
NEER. CONTRACTOR agrees that:
11.8.1. The allowances include the cost to. CON-
TRACTOR (Jess any applicable trade'discountsl of mate-
rials and equipment required by the allowances to be deli v-
ered at the site. and all applicable t:t.'tes: and
11.8.2. CONTRACTOR's costs for unloading" and
handling on the site. lubor. installation. costs. overhe:lcL
profit and other e:tpensc:s contempluted.for the'allowances
have been incluc.led in the Contract Price and not in the
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allowances. No demand for additional payment on account
of any thereof will be valid.
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Prior to final payment, an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances. and the Contract Price shall be correspOnd-
ingly adjusted.
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UrUt Pria Work:
11.9.1. Where the ContraCt Documents provide that
all or pan of the Work is to be Unit Price Work. initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are aot guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the acwaI quan-
tities and classifications of Unit Price. Work performed by ,
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
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11.9.2. Each. unit price will be- deemed to- include aD
amount considered by CONTRAcrOR to be adequate to
cover CONTRACTOR's overhead and profit for each scp-. . .
arately identified item~
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'ofWorkand'if'.
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Anicle I 1 if the parties are.
unable to agree as. to the amount of any such increase.
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ARTICLE 12~HANGE OF CONTRACT TIME
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12.1. The Contract Tune may only be changeQ by a Change
Order or a Written Amendment. Any claim for an extension
or shortening of the Conmct Time shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER prnmptJy (but in no event later than
thirty days) after the occum:nce of the event giving rise to
the.claim and stating the general n.amre of the claim. Notice
of the extent of the claim with supponing data shall be deliv-
ered within sixty days after such occum:nce (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in SUpport of the claim) and shall be accom-
pailied by the claimant' s written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Tune
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shall be determined by ENGINEER in ~ce with para_ .
graph 9.11 if OWNER and CONTRACTOR cannot otherwise.
agree. No claim for an adjustment in the Contr3Ct Tune will
be valid if not submined in accordance with the requirements
of this parngraph 12.1.
12.1. The Contract Tune 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. Sucb delays shall include, but not be limited to,
acts or neglect by OWNER or others perfonning additional
work as contemplated by Article 7. or to fires. floods, labor
disputes, epidemics, abnormal weather conditions or acts of
God.
11.3. 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 chal'ies of engineers, architects,.
attorneys and othet" professionals and cOurt and arbitr3.tion"
COsts) for delay by either party.
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ARTICLE 13-WARRANTY AND GUARANTEE;~
TESTS AND INSPECTIONS:
CORRECTION. REMOVAL OR
ACCEPTANCE. OF DEFECTIVE" WORK
,.-
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W IIl'l'UJI.ly and GlIll1"GlIUe:
13.1. CONTRACTOR' warrants. and guarantees to' .
OWNER: and ENGINEER that. all Work will be in accor" ' ..
dance with, the Con tract Documents and will not be defecrive;.
Prompt notice of all defects shall be given to CONTRAC-
TOR. All defectiv~.Work.. whether or not in place. may be'.
rejected. corrected or acc~ted as provided in this Article 13;.
A&an to Work:
L3.2. ENGINEER and ENGINEER.s tn'resentatives.
either representatives of OWNER. testing agencies and gov-.
ernmentai agencies with jurisdictional interests will have access
to the Work at reasonable times for their observation. inspecting .
and testing. CONTRACTOR shall provide proper and safe .
conditions for such access.
rem arui Inspections:
L3.3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for ail required inspections. tests or:
approvals.
13.4. If Laws or Regulations of any public body. having
jurisdiction require any Work (or part thereot) to specifically.
be inspected. tested or approved, CONTRACTOR shall.
assume full responsibility therefor. pay all costs inconneetiorr
therewith and furnish ENGINEER the required certificates.
of inspection. testing or approval. CONTRACTOR shall also.
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be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN-
ER's or ENGINEER's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work. or of
materiaJs or equipment submitted for approval prior to CON-
TRACTOR's pUrchase thereof for incorporation in the Work.
The cost of aU inspections., tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwisespecifiedl.
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13.5. All inspections. tests or approvals other than those
required by Laws or Regulations of any public bodv haviOlz '
jurisdiction shall be perfonned by organizations ac~eptabl~
to OWNER and CONTRACTOR (or by ENGINEER if so
specified) .
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13.6. If any Work (including-the work of others) that is
to be inspected. tested or approved is covered without written'
concurrence of ENGINEER. it must. if requested by ENGI- '
NEER. be uncovered for observation. Such uncovering shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER. timely notice of CONTRACTOR's inten-'
tion to cover the same and ENG[NEER has ,not acted with
reasonable promptness in response to such notice.
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13.7. Neither observations by ENGINEER nor inspec-'
tions. tests or approvals by ot.he~ shall relieve CONTRAC~'
TOR from CONTRACTOR's obligations to perfonn the Work .
in accordance with the Conrract.Documents.
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Uncovering Work:
13.8. !fany Work is covered contrary to the written request'
of ENGINEER. it must. if requested by ENGI:-;EER. be:
uncovered for S"IGINEER's observation and replaced ar
CONTRACTOR's expense.
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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 ma\"
require. that portion of the Work in question. furnishing ail
necessary labor. material and equipment. If it is found that
such Work is Jefe(.til'l!. CONTRACTOR shall ,bear all direct.
indirect and consequential costs of such uncovering. expo-
sure. observation. inspection and. testing and of satisfactory
reconstruction. (indudimt but not limited to fees and charges
of engineers. architects. ~ttorneys and other professionals!.
and 0 WN ER shaH be entitled to an appropriate decrease in
the Contract Price. amI. if the parties are unable to agree as
to the amount thereof. may make a claim th~refor:1s provided
in Article II. If. hu\\'t:\'er. 5uch Wllrk. is not fl'und to be
de.lc't"tin', CO:-';TRACrOR shall be allowed an increase in
the Cllnmlct Pril.:l,; ..:r .:i1 ~,\,~nsion of the Contm.:t Time. l'r
both. directly attritlutable III such uncovering. exposure'.
observation. inspection. testing and reconstructk'n: and. if
the parties are unable to agree: as tu the: amount \Jr extent
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thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles 11 and 12.
Owner May Slap du Work.. -
.13.10. . If the Work is defective. or CONTRACTOR faiJs
to supply sufficient skilled workers or suitable materials 'or
equipment. or fails to furnish or perfonn the Work in such a
way that the completed Work will conform to the Contract
Documents. OWNER may order CONTRACTOR to s~op the
Work. or any portion thereof. uncil the cause for such order
has been eliminated: however, this right of OWNER to stop
the Work shall not give rise to any duty on the part of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party.
Correction or Removal of Defective Work:
13.11. If required by. ENGINEER. CONTRACTOR shall.
promptly. as directed. either correct all defective Work.
whether or not fabricated. instalJed or completed. or, if the
Work has been rejected by ENGINEER. remove it from the
site and replace it with nondefectil'e Work. CONTRACTOR.
shall bear alL direct. indirect :lnd consequential costs of such'
correction or removal (including but not limited to fees and,.
charges of engineers. architects. attorneys and other profes-:"
... sionalsl 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-'
scrib.ed, by Laws. or. Regulations or by the terms ohny appli~ ..
cable specialguarantee.requfred by the Contract Documents,
or-by any specifie:.provision of-the ConcractDocuments:. any
Work.is found to be.-defectil'e.. CONTRACTOR shalL promptly:
without cost to OWNER and in accordance'with OWNER.s
written instructions. either correct such defe~ti\'e Work. or.
if it has been rejected by OWNER. remove it from the site.
and replace it with nondefectil'1! 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~tive Work. cor-
rected or the rejected Work removed and replaced. and all
direct. indirect and consequential coses 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 equipm!:nt is placed in continuous service,
before Substantial Completion of all the Work. the correction
period for that item may stan to run from an earlier date if
so provided in the Specifications or by Written Amendment.
Acceptance of D~fective Work:
13.13. If. instead of requiring correction or removal and
replacement of Jefecri1'~ Work. OWNER land.' prior to
ENGIN EER's recommendation of final payment. also
ENGIN EER) prefers to accept it. OWNER may do so. CON-
TRACTOR shall bear all Jirl:ct. indirect and consequential'
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costs attributable to OWNER's evaluation of and determi-
nation to accept such d~f~ctive Work (such costs to be approved
by ENGINEER as to reasonableness and to include but noc
be limited Co 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 nCl:essary 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 Anicle 11. If the acceptance occurs after such
recommendation. an appropriate amount wt1l be paid by
CONTRACTOR to OWNER.
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OWNER May Co~ct Dq~cti'W! Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct def~criv~ Work or to remove and replace rejected.
Work as required. by ENGINEER in accordance with para-
graph 13.11. or if CONTRACTOR fails to perform the Work
in accordance with. the Contract Documents, or if CON-,
TRACTOR fails to comply with any other provision of the: ,
Contract Documents, OWNER may, after seven days' writ-
ten notice to CONTRACtOR. correct and remedy any sucn.
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed ~tious1y. To the extent:
necessary to complete corrective and remedial action. OWNER.
may exclude. CO NTRACTOR from all or pan of the:site, take
possession orall 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 apinst CONTRACTOR in an amount
approved as to reasonableness by EN GINEER. and a Change
Order will be issued incot'l'orating the necessary revisions in
the Contract Documents with respect to the Work: and
OWNER shall be entitled to an atll'ropriate decrease in the
Contract Price. and. if the. parties are unable to agree as to
the amount thereof. OWNER may mue a claim therefor as
provided in Article 11. Such direct. indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers. architects. anomeys 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
d~fective Work. CONTRACTOR shall not be allowed an
extension of the Contract TlDle because of any delay in per-
formance oCthe Work attributable to the exercise by OWNER
ofOWNER.s tights and remedies hereunder.
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ARTICLE l4-PAYMENTS TO CONTRACTOR AND
COMPLETION
Sc:laId:uk ofVabl~s:
14.1. The schedule of values established as provided in
paragral'i1 2.9 will serve as the basis for progress payments
and will be incot'l'ot'ated into a form of Application for Pay- .
ment accel'table to ENGINEER_ Progress payments on
account of Unit Price Work wiU be based on the number of
. units coml'leted. .
Appliaztion for Progress Paymenl:
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 Apl'lication .
and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested
on' the basis of materials and equil'menr 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 accoml'anied by a bill of sale.. invoice .
or other documentation wammting that,OWl':fER has received,'
the materials and equipmem free and clear of all liens, cl1aries, ...
security. interests and encumbrances (which are hereinafter, ..
ilL these General Conditions referred to as "Liens") and'.
evidence. that the materials and equipment are covered. by.:
appropriate pro~ 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 stil'u1ated in. the Agreement.
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CONTRACTOR's Wamuuy afTiIle:
14.3. CONTRAcrORwan-ants and guarantees that title
to all Work. materials and equipment covered by any Appli-
cation for Payment. whether incorporated in the Project or
110~ will pass to OWNER 110 later than the time of payment.
free and clear of all Liens.
Rnuw~A"~~ftr~P~~
14.4. ENGINEER will. within ten days after receil't of
each Application for Payment. either indicate in writing a
recommendation of payment and present the Apl'lication 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 par3.graph 14.7) become due and when due will be ~d by
OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constiWte a
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represenmtion by ENGINEER to OWNER. based on ENGr-
NEER's on-site observations of the Work in progress as an
e:'tperienced and qualified'design professional and on ENGr-
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 ENGr-
N EER' 5 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. ,.
priorto or upon Substantial Completion. Co the results of anv
,subsequent tests called for in the Contract Documents. to ~
final determination of quanti~ies 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 ENGrNEER
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 ENGrNEER in the
Contract Documents or that there may not be other matters
or issues between the panies that might entitle CONTRAC.
TOR to be paid additionally by OWNER or OWNER to..
withhold payment to CONTRACTOR.
14.6. ENGINE~'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 pan: of any payment if. in ENGINEER's opinion. it.
.: would.be incorrect. to make such representations-to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment. or. because of. subsequently discovered evidence or
the results of subsequent inspections or tests, nullify any such
payment previously recommended. to such elCtent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because:
14.7.1. the Work is defer:ri\'e. or completed Work has
been damage? requiring correction or replacement.
14.7.2. the Contract Price has been reduced by Writ-
ten Amendment or Change Order.
14.7.3. OWNER has been required to correct defec-
r;,'!, Work or complete Work in accordance with parngrnph
13.14. or
14.7.4, of ENGINEER's actual knowledge of the
occurrence of any of the events enumernted in paragraphs
15.2.1 through 15.2.9 inclusive.
OWNER may refuse to make payment of the full amount'
recommended by ENGINEER because claims have bet:n
made against OWN ER on account of CONTRACTOR's per-
formance or furnishing of the Work or Liens have been lilt:u
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 ENGr-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENG[NEER shall make an inspection of the Work to deter-
mine the Status of completion. If ENGINEER does not con-
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in. writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliver to OWNER a tentative'
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be 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 ,..
cenificate 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 considerntion of OWNER's objections. ENGINEER.
cons.iders the Work substantially complete. ENGINEER-will
within said fourteen days elCecute and deliver to OWNER
and CONTRActOR a definitive certificate of Substantial
Completion (with a revised. tentative list of items. to be' com,...
pleted or corrected) reflecting such changes from the tentative.
certificate as ENGINEER believes justified after consider-
ation of any objections from OWNER. At the time of delivery:
of the tentative certificate of Substantial Completion ENGI-.
NEER will deliver to OWNERand CONTRACTOR a written
recommendation as to division of responsibilities pending.
final payment between OWNER and CONTRACTOR. with
respect to security. operation. safety, maintenance. heat.
utilities. insurance and warranties. Unless OwNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the definitive
certificate of SubstantioJ Completion. ENGINEER's afore-
said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to exclude CON- ,
TRACTOR from the Work afterthe date of Substantial Com-
pletion. but OWN ER shall allow CONTRACTOR re:lSOnable
access to complete or correct items on the tenmtive list.
Parti4l Utili:Ation:
14.10. U~e by OWNER of any finished part of the Work.
which has specifically been identified in the Contract Do~u-
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ments. or which OWNER, ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and use able
pan of the W ork ~t can be usea by 0 WNER without sig-
nificant interference with CONTRACTOR's performance of
the remainder of the Worle. 'may be accomplished prior to
Substantial Completion of aU the Work subject'to the follow-
ing:
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14.10.1.. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
part of the Work which OWNER believes to be ready for
its. intended use and substantially complete. If CON-
TRACTOR agrees. CONTRACTOR will certify to OWNER
and ENGINEER. that said pan: of the Work is substantially
complete and request ENGINEER to issue a certificate of
Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable time after either such request. OWNER.
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the W orle to determine its s:-.atus of
completion. If ENGINEER does not consider-that part of.
the Work to be substantially complete. ENGINEER will,
notify OWNER and CONTRACTOR in writinggiving-the .
reasons therefor. If ENGINEER. considers thatpart of me ..
Work to be substantially complete. the pr.ovisions ofpara-.: .
graphs 14.& ancU4.9- will apply. with respecttocertification::'.'
of Substantial Completion of that pan.of the Work' and the
division of responsibility in respect thereof and access.
thereto.
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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 Worle although it is nor
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shalL
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items.
remaining to be completed or corrected thereon before-
final payment. If CONTRACTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and W11l deliver such list to OWNER and
CONTRAcrOR 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 beaJme binding upon OWNER and CON-
TRAcrOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER). During such operation
and prior to Substantial Completion of such part of the
Work.. OWNER shall allow CONTRACTOR reasonable'
access to complete or correct items on said list and to
complete other related Work.
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14.10.3. No occupancy or separate operation of pan
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of propeny
insurance.
Firuzl InspWion:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
particulars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
Firuzl AppUs:ation for Payrrulll:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating insO"UcUons. schedules. guaran-
tees. Bonds, certificates of inspection. marked-up recor'!i ,'.'
documents (as provided in paragraph 6.19) and other docu-..
ments.-all as required by the ContraCt Documents. and after ,:. . .
. ENGINEER has indicated that the Workis'acceptable (sulr "';'~'.d
ject to the provisions of paragraph 14.161. CONTRACTOR",...
may make application', for final payment following: the pro-' ~:,::"
cedtire for progress. payments~ The final Application for Pay- : ,'. ':,
meat shall be accompanied by, all documentation' called' for~:
in the Contract Documents. together. with compleceimcilega1ly,'
effective releases or-waivers (satisfactory to OWNER) of alL
Liens arising out. of or tiled in connection with the Work. In.':
. lieu thereof and as approved'by OWNER~ CONTRAcrOR.
may furnish' ret:eipts or releases'in.full~ an. affidavit orCON- ....
TRACTOR that. the releases. and recei'j:ltS include all labor', . .
". .1~ .
services. material and, equipment for which a Lien could be' .
filed. and tbatall payrolls. material and equipment bills, and'
other- indebtedness connected with the Work for which
OWNER orOWNER's property might in any way be respon-
sible. have been paid or otherwise' satisfied: and consent of
the surety, if any. to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac..
tory to OWNER to indemnify OWNER against any Lien.
Firuzl Pay1M1Il tUUi Accq1t1U1u:
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-aU as required by the
Contract Documents. ENGINEER is satisfied that the Work, '
has ~ c~mpleted and CONTRACTOR's other obligations'
under the Contract DocumentS have been fulftllcd~ ENGI-
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NEER will. within ten days after receipt of the final Appli-
cation for Payment. indicate in writing, ENGINEER.s rec-
ommendation of payment and. present. the Application' to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the. Work
is acceptable subject to the provisions of paragraph 14.16.
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Otherwise. ENGINEER will return the Application to CON-
TRACTOR, indicating in writing the reasons for refusing to
recommend final payment. in which' case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
c:J.tion. 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 ENGIN EER will become due and will be paid by OWNER
to CONTRACTOR.
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14.14. If. through no fault of C.ONTRACTOR. final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms. OWNER shall. upon receipt of CON-
TRACTOR's final Applicntion 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 fuHy 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 5.1. the written consent of the surety to the payment
of the balance due for that portion of the' Work fully com-'
pieced and accepted shall be submitted by CONTRACTOR .'
. to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions gov-
erning final payment, except that it shall not constitut~ a
waiver of claims. .
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Contractor's Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work'in-accordance' with the Contract Documents.
shall be absolute. Neither recommendation of any progress:
or final p:J.yment 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 defecril'e Work by OWNER will con-
stitute an acceptance of Work not in accordance with the.
Contract Documents or a release of CONTRACTOR's obli-.
gation to perform the Work in accord:mce with the Contract
Documents (except as provided in pamgraph 14.161.
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Waiver of ClJzims:
[-1..16. The making and acceptance of final payment will
constitute:
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1.-1..16.1. a waiver of all claims by' OWNER against
CO~TRACTOR. except claims arising from unsettled
Liens. from clefecri\'(' Work appearing after finul inspec-
tion pursuant to par.lgraph 14.11 or from failure t\.'l comply
with the Contmct DOl.:uments or the. terms of :my spedal.
guamntees specifieu therein: however. it will nllt consti-
tute a waiver hy OWNER of any rights in resp..:ct llf
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CONTRACTOR's continuing obligations under the Con-
tract Documents: and
14.16.2. a waiver of. alJ claims by CONTRACTOR
agains.t OWNER other than those previously made in writ-
ing and still unsettled,
ARTICLE 15-SUSPENSION OF WORK AND
TERMINA TION
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. CONTRACTORshail 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.
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Owner May TerminaJ.e:
15.2:. Upon 'the occurrence of anyone or more of the'
following events:, '. .
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15.2. r.' if CONTRACTOR commences a vOlunolrycase'.
under any chapter-of the Bankruptcy Code (Title 11. United.:
States' Code). as. now or hereafter in. effect. or if CON-
TRAcrOR takes any equivalentor-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:
15.1.2. if a petition is filed against CONTRACTOR
under any chapter of the. Bankruptcy Code as now or
hereafter in effect at ~he time of filing. or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under :my other federal or state. law in:
effect at the time relating to bankruptcY...Qr insolvency,:
15.:!.3. if CONTRACTOR makes a general assignment
. for the benefit of creditors:
15.2.4. if a trustee. receiver. custodian or agent of
CONTRAcrOR is appointed under applicable law or under
contract. whose appointment. or authority to take charge
of property of CONTRACTOR is for the purpose of
enforcing a Lien against. such property or for the purpose
of general administration of such property for the benefit
ofCONTRACTOR's creditors:'
, 15,2.5. if CONTRACTOR admits in \\"rititlg'an inabil-
ity to pay its debts genet'".llly as they become due:
15.2.6. if CONTRACTOR persistently fails to pert'orm
the Work in accordum:e with the Contmct Documents
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(including. but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to, the pro~s schedule established under
paragraph 2.9 as revised fr~,m time to time):
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15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body h,avingjurisdiction:
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
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15.2.9. if CONTRACTOR oth,erwise violates in any
substantial way any provisions of the Contract Docu-
ments;
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OWNER may, after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations. terminate the services
of CONTRACTOR. exclude CONTRACTOR from the site '
, , and take possession of the Work and of all CONTRACTOR's
tools. appliances. construction equipment and machinery at
the site and use the same to the full extent they could be used
" by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion). incorporate in' the Work all. materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which' are stored elsewhere, and,
finish- the Work as OWNER may deem expedient. In such'
case. CONTRACTOR shall. not, be.- entitiecL 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-
ne.ys and other professionals and,coun and' arbitration costs)'
such excess will be paid,to CONTRACTOR. If such costs.
exceed such unpaid, balance. CONTRACTOR shall pay the,
difference-to OWNER. Such, costs incurred by OWNER will'
be approverl as to reasonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work performed.
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15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRAcrOR 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). .
Corrlrar:tDf'May Stop Work or TenrWuzu:
15.5. If. through no act or fault of CONTRACTOR, the
Work is suspended for a period of more than ninery days by
OWNER or under an order of court or other public authority,
or ENGlliEER fails to act on any Application for Payment ',.,
within thirrydays after it is submitted. or OWNER, fans for.. .'
thirty days to pay CONTRACfOR any sum finally. deter-:':....' " ,
mined to be due. then CONTRACTOR may; upon, seven ': ,:,:": ,
days"written ,notice to OWNERand'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' oftermiDating- ",:
. the' Agreement, if ENGINEER hasfailCd,to8Ct on an,Appii-"', .
cation for Payment or OWNER has failedtomakeany:pay-o';,
'ment as aforesaid; CONTRACfORmay upon seven,days.":"
written notice. to' OWNER and ENGINEER stolT the. Work.
until payment of all amounts then'due: The- provisions- of this,: "
paragraph shall not relieve CONTRACTOR of the obligations.
under paragraph 6.29 to carry on the, Work in accordance. .
with the progress schedule and without delay during disputes
and disagreements with OWNER..
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ARTICLE l6--ARBITRATION
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16 .1 AD. cJ.8.ims, disputes and other mS.tt~s in 'question between
OWNER and GONTRACTOR 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.
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(This page was left blank 'intentionally. )
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ARTICLE 11-MISCELLANEOUS
Giving Notice:
17.1. :whenever any provision of the Contract Docu-
ments requires the -giving of written notice. it will be deemed
to have been validly given if delivered in person to theindi-
vidual or to a member of the linn 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.
CompUllltion of Time:
17.2.1." 'When any period ciftimeis referred tei 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.
11.2.2. A calendar day of twenty-four hours measured,
from midnight to the next midnight shall constitute a day. .
General: '. - - -.
17.3. Sh'ouldciwNER, or CONTRACTOR s~er. inj~
or damage to person or property. because of any eITOr;,omis-
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.: . . ". . . .'. '. . . .
sion or act of th~ other party or of any of the other pclrty' 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
iqjury 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 n:mediesavailable here-
under to the parties hereto. and. in particular but without.
limitation. the warranties. guarantees and obligations imposed
uponCONTRAcrOR by paragraphs 6.30, 13.1, 13.12. 13.14.
14,3 and 15.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder. are in addition to.
. and are not to be coostrUed in any way as a limitation of. any
. rights and remedies availabJe to any or all of them which are
otherwise imposed or available by Laws or Regulations, by
special warranty or guarantee or by other provisioos 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.' . , _.!" ,;c: :'-'
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1.3
SUPPLEMENT ARY CONDITIONS
1.1
OWNER'S LIABILITY & PROPERTY INSURANCE:
Section 5,5, 5.6, 5,7, 5.8, 5.9, 5.10 of the General
Conditions shall be amended as follows:
No additional liability or property msurance will be purchased by Augusta-
Richmond Country for this proj ect.
Current insurance coverages will remain in effect for the life of this Contract.
1.2
CONTRACTOR'S LIABILITY:
As indicated under Section 5.3 ofthe General Conditions, the Contractor's
Liability Insurance shall be in an amount not less than $200,000 for injuries,
including accidental death, to anyone person, and subject to the same limit for
each person, in an amoun~ 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
ofliability 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.
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 cOllilection with the construction of the project.
(c) Work in close proximity to existing water lines, telephone lines,
gas lines, other utilities and private structures contiguous
to the job site
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1.4 TESTING LABORATORY:
All testing and laboratory work in connection therewith shall be performed
by an independent firm and paid for by the contractor. Copies of all test reports
shall be forwarded to Augusta Public Works and Engineering Department. There
will be no separate payment for this work.
1.5 SURVEYS:
The Contractor will provide surveying for construction staking, horizontal
control and vertical control as necessary.
1.6 PROGRESS PAYMENT:
Section 14.2 of the General Conditions shall be amended as
follows:
The Contractor may submit monthly estimate for work completed
and materials properly stored as approved by the Engineer. When an
estimate includes materials stored, a bill of sale, invoice or other
documentation warranting that the Owner is receiving the material free arid
clear of all liens, charges, security interest and of all liens, charges, security
interest and other encumbrances shall be attached to the payment request.
1.7 ENGINEER:
All references to "Engineer" shall be interpreted to mean the Director of
Public Works and Engineering, or his official designee.
1.8 UNDERGROUND UTILITIES: (References 4.3,1.4,3.2)
The Contractor shall coordinate with all utility companies through the
"One Call" method or other appropriate steps to locate and avoid damage to all
utilities that may affect or be affected by the 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 proj ect, of the construction and its affect on traffic.
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SECTION P
PROPOSAL
Date:
Gentlemen:
, In compliance with" your invitation for bids dated ~ ~3, 200.3, the
undersigned hereby proposed to furnish all labor, equipment, d materials, and to "
perform all work for 'the installation of drainage improvements referred to herein as:
RICHMOND HILL ROAD SIDEWALK "
In strict accordance with the Contract Doouments and in consideration of the amounts
shown on the Bid Schedule attached hereto and totaling: 01)
~ S' -J ~ 0 -
($ 14~S-1 ~ ..o-.g "
The undersigned hereby agrees that, upon written acceptance of this bid, he will
within 1 o days of rece~pt 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 75 calendar days. ",?~"
The undersigned acknowledges receipt of the following addenda:
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i.'L ROAD SIDEWALK
,
, 150-1000 TRAFFIC C. LS 1
, CONSTR, M".
163-2051 STRAW EROS LF 60
, ' - 171'-0010 'LF 100
207~0203 CY 50
'.~.::tf"':".".
,
230-1000 LUMP SUM CONSmR'W~~l~tON LS
318-3000 AGGREGATE SUR:FM:~~egs TON 70
, 441-ABCD HANDICAP RAMP EA 8
..
~. 441-0016 . DRIVEWAY CONCRETE - 6" THICK SY 100
441-0104 CONCRETE SIDEWALK - 4" THICK SY 500
~. 441-4020 CONCRETE VALLEY GUTTER - 6" THICK SY 100
441-6022 CONC CURB & GUTTER:" 6" X 24" - TP 2 LF 1100
~ 444-1 000 SAWED JOINTS LF 1100
CLASS BCONCRETE'. BASE OR
, 500-9999 PAVEMENT WIDENING CY 25 ~~...
550-1150 STORM DRAIN PIPE 15" H 1-10 RCP LF 8
~ 550-1180 STORM DRAIN PIPE'l8~,H1-10 RCP IF 8
. -.....
~ 550-1240 STORM DRAINJt>IPEt~4J!j~1 1.10 RCP LF 425
- :: .,,;~~}. -,
611-4001 RECONSTRUC~W~1~~GESTRUCTURE EA 4
~ 611-8050 EA 3
668-1100 EA 1
~ 668-2200 EA 1
~ 668-4300 EA 1
700-5000 LS 1
'.
'. P-2 8/28/03
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RlCHIVIOND HILL ROAD & LUMPKIN ROAD
NO SCALE
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(0) - SLOPEO aACK'ILL, NO OITCIl
(b) - 9LOPf.ll BACKfiLL WI1ll OITCH
Ie) - 'LA T BACKFI U.
ALTERH..TE "A"SH
ALT "..." 0/1"8.
PERMITTED HI! /'7
DETAILS AT LEFT
I" PEa' O. ~
4'_ 8 41.9"'
,," lO, WE!PHOLE3 .-
AT IS O.C.
,. O~n:R ./1' PERMITTE' IF 4oprCVEO
BY llRlDClI: OE5IO 14,
MAXIMUM "H' 0,. 7'-3" HERE"
RA,.,.,e: 13 ON aACX"'u.,
SECTION FOR GRAVITY TYPE. WALL
ERIALS: CLASS "B" CONC. OR IoIORTA/I RU811LI! MASONRY,
DOT STD.
9031 L GRAVITY TYP
N.T.S.
12"
5'-0"
2'-0"
11' -0" AND VARIABLE
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SLOPE 1/2"
PER FOOT
VARIES
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2" OF 12.5MM ASPHALT
6" CLASS NS" CONCRETE
NARROW PAVEMENT WIDENING
CLASS "S"
SIDEWALK
24"x6" CONCRETE
CURB & GUTTER
GA. DOT STD. 9032B
HILL ROAD
SECTION
SIDEWALK
NO.1
RICHMOND
TYP I CAL
N.T.S.
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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
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the Public Works & Engineering Office. After originals have "as built" information
incorporated, they shall be stamped and signed on the cover sheet by a registered
Professional Engineer and returned to the Project Inspector for final processing. The
Project Inspector shall sign the as-builts and place them in the permanent record files.
There will be no separate payment unless otherwise shown.
CASINGS:
All steel casings being installed across any roadway and/or right-of-way shall have
the joints continuously welded to obtain a watertight seal. The Contractor shall notify
the Engineer when welds are ready for inspection. Welded casings backfilled without
the Engineer's approval shall be uncovered for inspection at the Engineer's request.
COMP ACTION:
All compaction shall be as defined in the current edition of Georgia department of
Transportation Specifications. Special attention shall be given to the backfill of
minor structures (pipe, box culverts, manholes, catch basins, drop inlets, etc.).
Compaction shall be achieved using approved tamps and soil layers of approximately
6 inches (loose measure) and in accordance with Georgia Department of
Transportation Standards 1030-D and 1401. Backfilling operations of this nature
shall not begin until the Contractor has on hand all equipment in good working
condition, and competent operators.
The backfilling of pipe and other minor structures shall be in accordance with
Georgia Department of Transportation Standard specifications, Current Edition.
Backfilling with sand using jetting and/or flooding will not be allowed in any case
without the written permission ofthe Engineer.
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 Ibs. Cement per cubic yard. Class "B"
concrete shall have a minimum of 470 Ibs. 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
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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 adj acent
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-I 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- Ware to be used at all street
intersections on this project.
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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-J.
CONSTRUCTION LAYOUT:
Construction layout work shall be performed by the Contractor. See Section 149 of
the Standard Specifications.
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 MATERIAL:
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.
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FENCE:
All new fences called for on the plans and/or contract documents shall meet the
requirements of Section 643 of the Georgia Department of Transportation Standard
Specifications, current edition. New fence not meeting these Specs will be rejected.
In contracts where remove and reset fence items are involved (either as pay items or
as Lump Sum Construction) all replacement fence shall be equal to or better than the
existing fence as approved by the Engineer. This means equal to or better than the
original fence at the time of its installation.
In accordance with Subsection 643.03D, the Contractor must furnish positive locking
devices, padlocks and keys with all gate assemblies.
FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this project
are to be returned to the pre-existing shape and slope and then finished and dressed.
No separate payment will be made for grassing, fertilizing and mulching of disturbed
areas, unless specifically shown as a pay item.
FLAGGING:
Flaggers shall be provided as required to 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:
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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 fmished 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.
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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 proj ect
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
will be no separate pay for staking, including Perimeter Staking and for Spring
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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 DRAINAGE STRUCTURES:
All miscellaneous drainage structure such as Catch Basins, Drop Inlets, Manholes,
Junction Boxes, Spring Boxes, Drain Inlets, special Inlets, etc., whether standard or
special design shall be paid for Per Each. There will be no separate payment for
additional depth unless specifically shown as a pay item.
NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc., with
concrete topslabs shall include manhole rings and covers. 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 MINOR DEFECTS:
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Where needed, the contractor is required to patch and repair existing potholes, minor
pavement defects and base failures in accordance with the Specifications.
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:
1. Payment for pipe culvert or utility installation includes sawing and/or cutting
and removing existing pavement and replacing the pavement as specified in
accordance with Standard 1401.
2. Payment for pipe culvert includes plugging existing pipe with Class "A" or "B"
concrete (See Georgia Standard 9031- L).
3. Payment for pipe culvert includes any required Concrete collars (See Georgia
Standard 9031-D).
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
1030-D.
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D. No
separate pay item will be made for this material or its placement.
Payment for pipe culvert or utility installation includes sawing and/or cutting and
removing existing pavement sidewalk, curbing, etc., and replacing same as specified
in accordance with Standard 1401. Payment for pipe culvert includes plugging
existing pipe with Class "A" or "B" concrete and for 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.,
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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.
REMOV AL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD:
It shall be the contractor's responsibility to remove and reset any and all existing
ornamental shrubs and bushes and sod in conflict with proposed construction.
Coordination with the property owners is essential in this endeavor. The contractor
will not be held responsible for care and maintenance after removing and resetting
these plants and sod except in cases where the. Contractor's equipment causes
irreparable damage or where plants and/or sod dies as the result of negligence on the
Contractor's part. In which cases, the Contractor will be held responsible for
replacement. Sod shall be reset with ground preparation in accordance with
Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod.
The Contractor shall remove the sod in a manner that will be conducive to insuring
that the reset sod will live. At the contractor's option, he may replace any sod he
removes with new sod of the same type. No separate payment will be made for this
work or replacements unless specifically shown as a pay item.
REMOVING AND RESETTING OF OBSTRUCTIONS:
It shall be the Contractor's responsibility to remove and reset any and all obstructions,
such as fences, signs, concrete or brick planters, steps, walkways, brick or concrete
entrance columns, etc., which are in conflict with construction. Contractors are
responsible for the security of pets and/or personal property through the use of
temporary fence if necessary. No separate payment will be made for this work except
when shown as a separate pay item.
RIGHT-OF-WAY AND EASEMENTS:
The Contractor shall not perform any work outside the limits of the right-of-way or
easements. In addition, no equipment or material shall be placed outside these areas
without written permission of both the property owner and the Engineer. In the event
that the Contractor elects to utilize private property for any purpose connected with
the project, such as, but not limited to, staging areas, equipment and/or material
storage or simply as a convenience, he shall submit a written agreement to the
Engineer containing vital information such as limits of both area and time the
property is to be utilized and a description of the intended use. The agreement must
be signed by both the property owner and the Contractor and will be reviewed and
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recorded by the Engineer. Such agreements must be submitted pnor to the
contractor's use of the property.
All buildings located on newly acquired RIW and/or easements shall be relocated by
the Contractor. Such buildings on existing RIW and/or Easements shall be removed
by the owner or will become the property of the Contractor.
SALVAGEABLE MATERIALS:
As directed by the Engineer or his representative, all salvageable materials, such as
drainage pipe, which require removing but are not to be used on this project, are"to be
cleaned and stored within the right-of-way by the Contractor. These materials shall
be picked up and transported by Augusta Richmond County forces. The Contractor is
responsible and shall make restitution to Augusta-Richmond County for materials
damaged through his negligence.
SAW CUTS:
When matching existing conditions, saw cuts shall be used as required by Augusta-
Richmond County. Only saw cuts in Portland Cement Concrete which are shown as
contract pay items will be paid for separately. No saw cuts in asphaltic concrete will
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.
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SPECIFICATIONS, STANDARDS AND OTHER DATA:
All references in this document, (includes all papers, writings, documents, drawings,
or photographs used, or to be used, in connection with this document), to State
Highway of Georgia, State Highway Department, Highway Department, or
Department when the context thereof means the Georgia Department of
Transportation means, and shall be deemed to mean, Augusta-Richmond County,
Augusta-Richmond County Commission-Council Department of Engineering
Services.
The data, together with all other information shown on these plans, or indicated in
any way thereby, whether by drawings or notes or in any other matter, are based upon
field investigations and are believed to be indicative of actual conditions. However,
the same are shown as information only, are not guaranteed, and do not bind Augusta-
Richmond County, Georgia in any way. Only the actual quantities completed and
accepted will be paid for. The attention of the bidder is specifically directed to
Subsections 102.04, 102.05, and 104.03 of the Standard Specifications, of the
Georgia Department of Transportation, current edition, which will be part of this
contract.
This project is based on, and shall be constructed in accordance with, the State of
Georgia Department of Transportation Standard Specifications for Construction of
Roads and Bridges, current edition and any supplements thereto. All of these
specifications shall be considered as though fully contained herein. In cases where
conflicts arise within these specifications, they will be revised to resolve such
conflict. Until the conflict is resolved, the interpretation of the Engineer shall control
the situation.
SPEND OUT SCHEDULE:
A Spendout Schedule beginning with the Notice To Proceed and extending
through the anticipated construction life of the project, shall be submitted at the
Preconstruction Conference. Such schedule shall include the anticipated
earnings on a monthly basis.
STORAGE BUILDINGS:
The existing sheds and/or buildings shown to be relocated will be relocated by the
contractor or reconstructed as required outside of the easement as 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:
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Unless otherwise noted, all storm drain, longitudinal and stub pIpe are to be
reinforced concrete and shall include O-ring gaskets.
SUBCONTRACTORS:
The Contractor shall furnish the official name, 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 ofms Subcontractor(s) from the Engineer.
NOTE: All submissions shall include the following information for each
Subcontractor:
1) Name of Subcontracting Firm
2) Description of Work To Be 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.
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All temporary signs, barricades, flashing lights, striping and any other traffic control
devices required during construction of this proj ect shall meet all requirements of the
M.U.T.C.D., 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 travel way. 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 $15.00Ihour.
UTILITIES:
All utility facilities except those owned by Augusta Utilities Department which are in
conflict with construction, not covered as specified items in the detailed estimate, are
to be removed and relocated to clear construction by the respective owners with the
exception of Augusta Utilities and Augusta Traffic Engineering unless added later to
the contract as a supplemental item. All "above ground" utility structures will be
located as near as possible to the right-of-way line.
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The Contractor will not be paid for any delays or extra expense caused by utility
facilities obstructions or any other items not being removed or relocated to clear
construction in advance of his work.
All known utility facilities are shown schematically on the plans, and not necessarily
accurate in location as to plan or elevation. Utility facilities such as service lines or
unknown facilities not shown on the plans will not relieve the Contractor of his
responsibility under this requirement except as noted below. "Existing Utility
Facilities" means any utility facility that exists on the highway project in its original,
relocated or newly installed position. Other than service lines from street mains to
the abutting property the contractor will not be held responsible for the cost of repairs
to damaged underground utility facilities when such facilities are not shown on the
plans and their existence is unknown to the Contractor prior to the damage occurring,
providing the Engineer determines the Contractor has otherwise fully complied with
the Specifications.
The Contractor shall use the one-call center telephone number 1-800-282-7411 for
the purposes of coordinating the marking of underground utilities.
The Contractor's attention is directed to the probability of encountering private utility
installations consisting of sanitary sewers, water, sprinkler systems, ornamental light
systems, gas and underground telephone cables that either are obstructions to the,
execution of the work and need to be moved out of the way or, if not, must be
properly protected during construction. No separate payment will be made for this
work. Public utilities of this nature except Augusta Utilities and Augusta Traffic
Engineering will be handled by the utility owner.
THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK
BEGINS:
Georgia Power Company
4220 Evans To Lock Rd.
Evans, Georgia 30809
Telephone (706) 667-5633
Attention: David Wattwood
Atlanta Gas Light Co
1840 Wylds Rd.
Augusta, Georgia 30913
Telephone (706) 481-1452
Attention: Carl Corley
Bell South
3841 Wrightsboro Road
Augusta, Georgia 30909
Telephone (706) 860-8582
Attention: Calvin Hambv
Jefferson Energy Cooperative
P. O. Box 457
Wrens, GA 30833
Telephone (706) 547-2167
Attention: Roy Chambers
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Com east
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 Wadlev
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.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTlON 150-TRAFFIC CONTROL
Augost 28, 1995
First Use: October 20, 1995
Modification of Special Prevision
Section "150 - Traffic Control (Rev. June 21,1994.)
Retain. Sedion150 as written a.nd cu:id the following:
For this project, all references to flags on coDStruct:ion waming signs in the Standard Construction Details
listed below are deleted e:xcept for signs which are mounted at less than seven (7) feet in height (portable
signs).
Standard Constrnction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Ac:ross Median
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend., Miscellaneous Deta:iIs
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 su.bstitute: Temporary Traffic Control Zones.
150.02. 8.2.: Delete last sentence and substitute: Chamlelization 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 SJGNS: Retain. as written and add. secondparr:zgruph.
Posts for all interim signs shall be constructed to yield upon impact tmless 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, LnmiTl~ties 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 undercaxriage of a vehicle.
150.03.R CONSTRUCTION WARNING SIGNS: CONSTRUCTION WA:a.NrNG SIGNS THAT ARE
REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE O~
WARNING FT...AGS.
Delete first senten.ce of second paragraph. and su.bstitute:
Construction warning signs which are mounted at less than seven feet in height (p'ortable .signs) shall
have two 18 inch x: 18 inch fluorescent I'ed-orange or orange-red waTTlTng flags mounted on each sign.
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DEPARTMENT OF TRANsPORTATION
STATE OF GEORGIA
150.04.E.2.a.2.: Reta.i.n. as written. rmd add: In lane shift areas .skip lines are not allowed. Solid lines are
required. '.
150.04. E.2.b.1.: Retain. as wrii:bm and add: In lane shift areas skip lines are not allowed. Solid lines are
required.
150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all re;fe.ren.ce.s ta Type 9 and substitute Type
11 (eleuenJ.
150.10 PAYMENT: lton N.o. 541-Delete reference to Type 9 and substituU Type 11 (eleuen.).
SPECIAL PROVISION
SECTION 1SO-TRAFFIC CONTROL
June 22, 1994
First Use: July 24, 1994
Modification of Standard Specifications, 1993 Edition
Retain. Ser:tion. ISO as written. and add tJulolZowing:
For this project, all references in the Standard COIl.Struction Details listed below to Type I Barricades,
Type IT Banicades, Type "A" flashing-lights and Type'''C" steady burn lights are deleted, Em:ept that
Type "C" lights will be required for tapers in nighttime lane closures. .
Standard Construction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Ar::ross Median
· Transition of 4-Lane Divided Highway to 2-Lane Ei~way
· Traffic Control General Notes, Standard Le~end, Miscellaneous Details
In addition, G20-1, G20-2A, and W20-1 signs shown on Ge<lrgia Standards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform. to Part VI of the MUTCn, Revision 3, dated
SepU!mber 3, 1993.
Detail "A" as shown on Georgia Standard 4960 is deleted.
SPECIAL PROVISION
SECTION 1SQ-TRAFFIC CONTROL
Rev. JlJI1e 21, 1994
First Use: July 24, 1994
Rev.: August 16', 1994
Modification of the Standard Specifications, Current Edition
Delete Section.1S0 CZ3 written. cz.nd substitutl! the folLJwin.g:
150.01 CESCRJFTJON: This section as supplementad by the PIms, Spef!iTi~t:inns, ~ Mt1TCD shall be
considered the Traffic Centrel Plan. Activities shall consist of furnisJ.lin2'1 instaIlinr. maint~;nmi. and
remaviII.g Ile""~ traffic siEnS, barricades, ~ts, siEI13ls, cones, pavement raa.rkinp and other traffic
centrol devices and shall include S~ ami other mSllIns far i'Iidance and prated:ion ofVAkit!!'llar and
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DEP AR'I'MENT OF TRANsPORTATION
STATE OF GEORGIA
pedestrian traffic throueh the Work Zone. This Work shall include both maint~inini' aistini'devices
(excluding Traffic Signals) and installini' additional devices as necessary in constrw:tion work zones.
When any provisions of this Specification or the Plans do not meet the mmm,um requirements of the
Manual on Uniform Traffic Control Devices CMUTCD), 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 restloIJ.Sihle for selecting, i.nsta1J.ing and maint~;ning all traffic control devices
in ao:ordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's
traffic control reSJloIlSiJ?ilities shall have priority aver all other assigned duties. .
.As the represent.atIve of the Contractor, the WTCS shall have full authority to act on behalf of the
Contractor in ::Inm;n;~tering the Traffic Control Plan. The WTCS shall have appropriate t:rain:in2' in
safe traffic control practices in accordance with Part V1 of the MUTeD. In addition to the WTCS all
others m::llnng decisions re~ traffic control must meet the training requirements of Part VI of
the MUTCD. On projects where traffic control duties will not require full time supenisicm, 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: SSOP
, Washirigton, 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 effecttvely to an emergency
situation within forty-five (45) minutes of notification of the emeI'i'Sncy. '
The WTCS shall supervise the initial installation of traffic control devices which will be reviewed by
the Engineer prior to the begjnniT'lg- of constrod:ion. Mod;fi~t:inns to traffic control devices as required
by sequence of oper.mons or staged construction must be reviewed by the WTCS. The WTCS shall
regularly perform inspections to ensure that traffic control is maintained.
B. .All traffic control devices used during the construction of a project shall meet the Standards utilized
in the MUTCD, and shall comply with the reqc:irements of these Speci~~tians, Project Plans, and
Special ProvisiOIlS. Reference is made to SubsectioIlS 104.05, 107.07, and 107.09.
C. All ret1ectorization for construction (black on orange) signs, object markers, and chazmeli%ation
devices shall meet the requ:irement.s of Section 913, Type II or m 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 1IIitil the appropriate traffic control devices have been
placed in accordance with. Project requirements. Changes to traffic flow shall not commeoce unless
alllahor, materials, and equipment necessary to make the ~es are available on the Project.
E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation,
sequence of work and methods of providing for the safe pass~e of vehicular and pedestrian traffic
before it is placed in operation. The proposed plan of operation should supplement the ap~~uyed
traffic control plan. Any major changes to the approved traffic control plan, proposed by the
Contractor, are to be sobmitted to the Department for approval in accordance with Subsection 104.03
of the Standard Specifications.
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DEPARTMENT OF TR.ANsPORTATION
STATE OF GEORGIA
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wide with not less than 15 lamps used far the arrow. The arrow will OCCtIpyvirtually the entire
size of the arrow panel and shall have a m;.nTmum, legibility distance of one mile. The min:imum
legibility distance is t.h.a.t distance at which the arrow panel can be comprehended by an abserv'er
on a smmy day, or clear night. Arrow panels shall be equipped with automatic niTT"''''me- feai:ares
for use during hours of darkness. The arrow panels shall also meet the requirements 33 shown
in the MUTeD. The sequential or flashing arrow panels shall not be used for lane closures on two.
lane, two-way highways when traffic is restricted to one-lane operations in which, c:a.se,
appropriate signing, f1aggers and when required, pilot vehicles will be deemed sufficient.
3. Portable changeable message signs meeting the requirements of Section 632 and the MUTCD.
4. Channelization devices meeting the standards of the MUTCD and Subsection 150.05.
5. Precast concreta barrier meeting the requirements of Section 622.
6. Temporary traffic signals meeting the requirements of Section 641.
1. Pavement marking materials complying with Subsection 150.04.A..
B. LANE CLOSURES:
1. All lane closures shall have prior approval of the Engineer. Lane closcres 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, e%cluding tm:n lanes.
2. On multilane highways where traffic has been shifted to the inside lanes for ovemiEht use, the
entrance and e:tit ramps shall ha:ve. channelization devices placed on both sides of the ramp. The
temporary ramp taper length shall be ~eater, than, or equal to, the e:x:isting taper length. Interim
EXIT gore signs shall be placed at the ramp d.i v t.:~ence. ChM'lT1~l,,;ati.on device spa.cin~ 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 ml:lTiTnumof 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 PAClliG METHOD:
1. PACING OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the
Contractor up to ten (10) minutes m~Timum 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 strw:tnres.
Co Other work. items requ.i.ring interruption of t:raflic..
The Contractor shall provide a. uniformed police officer with patrol vehicle and blue f1ash:ing light for
each direction ofpa.cing. The police officer; Engineer, and f1aa-ers at ramps shall be provided with. a
radio which will provide continuous contact with the Contractor.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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D. The Contractor's trucks and other vehicles shall travel in the direction of normalroad.way traffic
tmless separnted by a positive barrier, or when ccnstru.ction aI;!.i v ity 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 a.ctivities do not
interfere with nonnal traffic operations or adjacent properties.
F. E:xist:ing street lighting shall remain lighted as long as pra...t+i~ aD.d until removal is ~IJ.ruv ed by the
~eer.
G. Adequate temporary lighting shall be provided at all nighttime work sites where warkeTs will be
immediately adjacent to traffic.
~ For their own protection, workers in or ~djacent to traffic ~ nifh~me operation shall wear
reflectorized vests.
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DEP ARTMENT OF TRANSPORTATION
STATE OF GEORGIA
I. The parking of Contractor's and/or workers personal vehicles within the Work area or adjacent to
traffic is prohibited.
J. The Worksite Traffic Control Supervisor CWTCS) shall monitor the work to ensure that all the rocks,
boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are
kept clear of the travelway. 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.
It All enstiIJg pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate
changes to existing walkways, temporary wa.1kways shall be provided and maintained, with
appropriate signs as necessazy, to allow safe passage of pedestrian ~~
150.03 SJGNS:
A When required for proper traffic centrol dU1"iD.g construction of the project, all existing guide, warning,
and regulatory signs shall be maintained by the Contractor in accordance with these Specifil"llItions.
Existing street name signs shall be maintained at street intersections. All existing illl1miT1ll1t~d signs
shall remain lighted and be maintained by the Contractor.
B. When not in use, an inappropriate traffic sigIlS or porticns thereof shall be removed, placed or covered
so as not to be visible to traffic. An construction warning signs shall be removed within seven calendar
days aftar time charges are stopped or pay items are complete. Subsequent punch-list or other work
to be perfonned shall be accomplished utilizing temporary construction wa.ming 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 remcived 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. Interi:i:n guide, waming, 01" 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, eristing signs shall be modified and continued
in use if the required modific:ati.on can be made within existine' sign bordeTS using design
requirements Qegend., letter size, spacing, border, ete.) equal to that 'of the existing signs, or of
Subsection 150.03.E.5. Differini legend designs shall not be mixed in the same sign.
1. SPECIAL GUIDE SIGNS: Special guide signs are those e:cpressway or freeway ~de signs that
are designed with a message content Qegend) that applies to a particular roadway location. When
an existing special goide sign is in conf1ict with work to be performed, the Contractor shall remove
the om.tlicting sign and reset it in a new, non-a]nf1icting location which has been approved by the
Engineer.
2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to util.ize existing signs, either in
place or relocated., the Contract:ot'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 STEUCTURES: Interim. overhead special guide sign
structures are not required to be lighted u::cless specifically reqUired by the Plans. Ifliihtinr is
required the sign shall be lidlted as soon as erected and shall remain liihted, during the hours
of darkness, anti! the interim sign is no longer required. The Contractor shall notify the Power
Company at least thirty (30) days prior to desirU:le connection to the power source.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. The installation of new permanent special guide signs and the permanent modifit"'llltion or
resetting of existing special guide signs, when included in the contract, shall be a.o::omplished as
soon as pra.ct:i.cal to m;nhni'7.e the use of interim special guide signs. !flighting is required by the
Plans, all new pennanent 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
e:tpressway 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 miniTT'lum size of allletter.l
aIld numerals in the names of places, streets and highways on all signs shall be 16 inches Series
~" initial npper-case and 12 inches lower-ca.se. 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 lieu of galyani:zation 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. Altemative sign blank materials (composites, poly c:ubonates, fiberglass reinforced plastics,
recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research
for use as interim con.struction signs before these materials are allowed to be inco'Iporated 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 shaD be installed so as to be completely visible for an
advance distance in compliance with the MUTeD. 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
MUTCD and shall include a series of at least three advance road construction CW20-1) signs placed
at the tennini of the project. The series shaD. 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.AB:EAD sign. .
All constrUction wamiDg signs shaD have two 18 inch x 18 inch fluorescent red-orange or o1"3Ilg'e-red
warning flags mounted on each including the project construction signs (G20-1 and G20-2.A..) Project
mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest
whole mile. All coDstrud:ion waming signs on divided highways shall be double indicated (ie., on the
left: and right sides of the roadway.) , .
L The sequential or flashine' arrow panels shall be placed on the shoulder at or near the point where
the lane dosing tr.msiticm begins. The panels shall be mounted on a vehicle, trailer, or other suitable.
support. Vehiele m.mmted panels shall be provided with remote controls. }rinirnum moun~ he~t
shall be seven feet above the roadway to the bottom of the panel, except on vehicle mounted panels
which should be as high as practical.
J. The portable changeable message sign, when specified, shall be placed ahead of construction ad;ivities
and shall meet the requirements of Section 632 and the MUTeD.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
K. The flashing beacon assembly, when specified, shall be used in co~ with construction W'3l'lling
sigD.s, regula,bJry, or guide si~ to inform traffic of special road COnditiOIlS which require additional
driver attention. The f1a.shing beacon assembly shall be installed in accordance with the requirements
of Section 647. '
150.04 PAVEMENT MARl<1NGS
A Generally, full pattern pavement markings in ao:ordance with Section 652 and in conformance with
Section 3A and 3B, euept 3B-3 and 3B-5, of the MUTCD are required on all courses before the
roadway is opened to tl'afiic. 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 con.struction 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 minimmn four inches in width
and shall conform to the requirements of Section 652, e%Cept 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, tmless otherwise
directed by the Engineer. Partial (skip) reflectorization (ie. ret1ectorizing 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 in.stalIation of
markings in the final lane configuration at the earliest possible stage.
Inappropriate or conflicting existing pavement markings shall be removed.
When sbifI:mg of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall
be removed prior to, durin2', 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
a.o:omplished without delay.
Except for the final smface, 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 I!Im,iTB'nng CCTlfnt+.iT'lg 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 obliteTate lines will be paid'
for only once and further traffic shift:s in the same area.shall be accomplished with removable
markings. Only the minimum asphaltic conc:rete thickness required to cover lines (pnerally 60 lbJsq.
yd. of Asphaltic Concrete "HJ will be allowed. Ex.cessi.ve build-up will not be permitted. When an
overlay for the sole purpose of elm,m~H"g conflicting markings is not allowed, the markings no loneer
applicable shall be removed in accordance with Subsection 656.02. The eHTT'li"~t:int1 of conflict:ing
pavement markings by overpainting with paint or liquid asphalt is not acceptable.
D. Raised pavement markers (RPMs) are l'e<<iuired as listed below for all asphaltic concrete pavemenb
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 cle~n;"g and drying before the
installation of RPMs is required.
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DEPARTMENT OF TRANsPORTATION
STATE OF GEORGIA
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1.'. On Interstate and limited accass hienways 11l1der ccZ1Strt1ction, e%cluding- projects ccJJ.Sistine
primarily of asphalt resu:rfacing items, retro-ref1ectfve raised pavement markers CRPMs) shall be
placed and/or maintained on intermediate pavement surfaces opened to t:raflic as follows:
a. SUPPLEMENTING LANE LINES: .
80 foot centers on skip lines with c:urvature less than three degrees. (Includes tangents.)
40 foot centers on solid lines and all lines with curvature between three degrees and six
degrees.
20 foot centers Gn curves over six degrees.
20 foot centers on lane transitions or shifts.
b. SUPPLEMENTING RAMP GORE LINES:
. 20 foot centers, two each, placed side ~ side.
Co OTHER LINES:
As shown on the plans or directed by the Engineer.
2. . On other highways under COnstruction RPMs shall be used and/or maintafued on intennediate
pavement su:rfaces as follows: .
a. SUPPLEMENTING LANE LINES AND SOLID LINES:
40 foot centers except on lane shifts. (When required in the Plans or Contrad:.)
20 foot centers on lane shifl:.s. (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 PlaDS
or Contract.)
20 foot centers on lane shift.s. (Required in all cases.)
RPMs are nl2:t allowed on right edge lines.
E. EXCEPTIONS FOR INTERIM MARKrNGS: Some exx:eptioIlS to the time ofpIacement and pattern
of marl::ing:s are permitted as noted below, however, full pattern pavement mark:ings are required for
the completed project.
1. TWO-LANE, TWO-WAY ROADWAYS
a.. SKIP LINES:.All interim skip <broken) stripe shall confonn to Section 652 e:ept that stripes
shall be at least four feet long with a m~Tin,tm1 gap of 36 feet. On Ctll"V'eS ~ than si::z:
degrees. a two-foot stripe with a m~Tnum 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 line! must b~ replaced
with markings in full compliance with Section 652 prior to e:::piration of the 14 calendar day
p~d. .
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Interim raised pavement markers may be substituted for the interim skip (broken) stripes.
Ifraised pavement marlters are substituted fOT the four foot interim skip stripe, four markers
spaced at equal intervals over a fear feet distance will be required. No separate payment will
be made if the interim raised pavement markers are substituted for interim skip lines.
Interim raised pavement markers sh3n be retro-ref1ective, shall be the same color as the
pavement markers for which they are substituted, and shall be visible dmin~. daytime.
The type ofinterimmarlter and method ofatta.cbment to the pavement must be approved by
the Office ofMatarials and Research but in no case will the markers be attached by the tlSe
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 3D') at the
beginning and at intervals not to exceed 112 IIiiIe within each no-passing zone. A post or
portable mounted PASS WITH CARE regolatory sign (R4-1 24" x 30") shall be placed at the
end of each no-passing zone. Post mountad signs shall be placed in accordance with the
MUTCD. Portable signs must have a miniTT'lum vertical height of three feet above the
pavement surface to the bottom of the sign and be secured in such a manner as to not be
easily blown over or misaligned.
Co EDGELINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intarmediate
surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that
are in use for a period of less than 60 calendar days !!%Cept at bridge approaches, on lane
transitiO:lS, lane shift.s, 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: E~ 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 shifI:s, and in such. other areas as determined by the E.nemeer. On the final
surface, edgelines must be placed within 14 calendar days of the time that the -sc:rfa.ce was
placed.
d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols,
words and other similar marl:ings shall be placed on final smfaces conforming to Section 652
'Within 14 calendar days of completion of the final smf"ace. On intermediate surfa.ces these
markings will generally not be required unless specified by the Eneineer because of spec:iaI
conditions or when the intermediate smface will be in use for more than 45 calendar clays.
MULTI-LANE HIGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOUR FEET OR LESS
a. UNDIVIDED mGHWAYS (INCLUDES PAVED CENTER TORN LANE)
(1) Centerlines and No-Passing Barrier - Full pattern O!nterlines and no-pas~ barriers
shall be restored before nigh~
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.uiiP AKTMENT 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 l!%Ceed three calend..a:r clays.. . . .
(3) EdE'elines - Edgelines shall be placed on intermediate and final surfaces within three
calen.dar days of obliteration. . .
b. DIVIDED 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.Ld.
3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER
THAN FOUR FEET
a. Same as Subsection lS0.04.E.2. except as noted m (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 su:rfa.ce 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: APPUCATION OF PAVEMENT MARKINGS: The Contractor shall fumish layout, clean as
necessaIy, 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 thaf
existed prior to const:rud:ion. ,Emting 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 alig:nments h.an 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 ~ vehicles and equipment, the following minimum
equipment and waming 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
OT flashing aII'OW panel mounted so as to be easilyvisible to oncoming traffic. A lead vehicle is not
required for low volume off-system routes and one-way t:raffic applicatio:as.
2. The work vehicle applying markings shall have a sequential or tlashing- arrow panel mounted on
the rear. If the workvehicle 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 pl~ cones shall follow directly behind the ~rk: vehicle appl~ the
markines. The cone work vehicle shall have a sequential or f1a.shing- arrow panel mounted on the
rear.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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4. For multi.lane roadways a pt"Otection vehicle shall follow the above vehicles and the protection .
vehicle shall also display a pTOminent sign With the legend PASS ON LEFT CRIGET). On
interstate and limited access roadways, the protection vehicle shall be equipped with a. truck.
mounted attenuator (TMA) that is certified for impacts not less than 45 mph in accordance with
NCHRP 230.
5. .All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right-
side rear mounted flashing yellow lights. .
i50.05 CHANNELIZATION
A. GENERAL: Channelization should clearly delineate the travelway thiough the work zone and alert
drivers and pedestri.ans to conditions aeated by work activities in or near the travelway.
Chazmelization shall be done in accordance with the plans and specifications, the MUTeD, and the
, following requirements.
1. . Types of Devices Permitted for Channelization in Construction Work Zones:
a. . DRUMS:
(1) DESIGN: Drums shan meet the miT'limum requirement of the MUTCD and shall be
reflectorized as required in Subsection lSO.Ol.C.
(2) APPUCATION: 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
traDsition tapers. The minimum length of the approach transition taper for a lane closure,
shift, or encro::lr4Tm~T'lt fer highways with posted speed of 45 mph or greater shall be equal
to the lane width oflateral shift (Ft.) x the postad speed limit (Mph), CL = WS), but not
less than 150 feet. For mnltiple lane closures~ only one lane may be closed per taper with .
a minimum tangent length of 2L between tapeI'S. The length of a closed lane, excluding
the transition taper, will be limited to two mile, 1J11less otherwise approved or directed by
the Engineer. Drum::i shall be placed the full length of the taper spaced at m~TT1um
intervals in feet equal to the. numerical speed limit (EXAMPLE: 55 Mph Speed Limit =
55 feet m::l-rn"mn spacing).
For taper lengths on urban. resid~tial 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 humin!; lights, for the length of the taper only, are required if the
condition exists into the night.
(b) LONGITUDINAL CHANNELIzATION: Drams shall be spaced as listed below fer
various roadside work conditions except as modified by Subsection 150.06. Spa.c:ing shall
be used for situations meeting any of the conditions listed as follows:
(1) 50 FOOT SPACING MAXIMUM:
(a) For difference in ~eva.tion exceeding two inches.
(b) For healed. SectiODS no steeper than 4:1 as sbawn in Subsection 150.06, Detail
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.DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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(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 travel1ane. Lateral offset clearance to be four feet from the travel lane.
(a) For paved areas eight feet or greatar 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 ~sed and after guardrail or other safety devices have been installed.
b.. VERTICAL PANELS:
(1) DESIGN: All vertical panels shall have a "";T'Iimnm of 270 square inches of retro-reflective
area facing the traffic and shall meet the requirements of the MUTeD.
(2) APPLICATION: Lane encroachment by the drum on the travelway should pennit a
!"I"m~mTng lane. width often feet. When encroachment reduces the travelway to less than ten
feet, vertical panels shall be used to restore the travelway to ten feet or greater. No other
application of vertical panels will be permitted.
Co CONES:
(1) DESIGN: All cones shall be a minimum of 2S inches in height regardless of application and
shall meet the requirement of the MUTCD.
(2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight
closures or minor .shifts. (Droms 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 ill
barricades shall meet the minimum requirements of the MUTCD and shall be reflectorized
as required in Subsection 150.01.C.
(2) APPLICATION: Type m barricades shall be placed as required by the plans~ the
Stand.artb, and as directed by the Engineer.
e. WARNING LIGHTS:
(1) DESIGN: All warning lights shall meet the requirements of the MUTCD.
(2) APPUCATION:
(a) Type A low-intensity tl::as'hiT'lg' li~ts shall be used as shown in the Plans, the
Standards, and as directed by the Eneineer. F1as~ ~ts are not required for advance
warnmi signs in Subsection 150.03.& .
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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(b) Type C Staa.dy-Btm1I~ts shall be used on all tapers when the condition exiatI 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 BARRIElt .
(2) APPLICATION: Portable Barriers shall be placed as reqaired 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 sh.all be mounted approTim ately 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" di3meter center-mounted sealed prismatic reflex reflectors housed in an alllmmum
b:lC"king with a single grommeted hole. '
Approach end of Portable Barner shall be flared or protected by an impact attenuator (crash
cushion) or other approved treatment in' a.o:ordance with Georgia Standard 4960;
Construction Details and Standard Specifications.
On interstate or other controlled access highways where lane .shifI:s or crossovers cause
opposing traffic to be separated by less than 40 ft., precast concrete hamer shall be used as
a separator.
B. TEMPORARY SAND LOADED ATTENUATOR MODULES
1. DESCRIPTION: This work. consists of the fu:rni!':'hing , instaU.a:tion, maintenance, relocation, rewe
as req1lired, and removal. of Temporazy Sand Loaded Attenuatar Modules for traffic impact
attenuators.
2. MATERIAI..S: Mai:erials used in the Attenuatar shall meet the requirements of Subsection 648.02
for Type 2 Sand Loaded Modules - Cyiindrical D1:ums or Type 2-A Sand Loaded Modules _
Stabilizer Drums with Wine Glass shaped Inner Containers.
3. CONSTRUCTION: Temporary Sand Loaded Attanuator Module installation shall conform to the
requirements of Subsection 648.03, Manufa.ctorer's recommendations, and Georgia Standard
4960 and shall be installed at locations designated by the Engineer.
c. PORTABLE IMPACT ATrENUATORS:
1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation,
mainten:lnce, relocation, reuse as required, and removal of Portable Impact Attenuators.
2. MATElUALS: Ma.terial.9 used in the Attenuator shall meet the requirements of Section 650 for
Type A Portable Impact Attenuatars. '
3. CONSTRUCTION: Portable ImpactAttenuator installation shall conform to the requirements of
Subsection 650.03, Manufacturer's recommendations, and Georgia. Standard 4960 and shall be
installed at,locations designated by the Engineer, and/or shoWlton the plans.
D. TEMPORARY GUARDRAILANCHO~GE - Type 11:
1. DESCRIPI'ION: This work consists of the furnhlhing, installation, maintsm~nre and removal of
Temporazy Guardrail .Anchorage - Type 11 used for Portable Barrier or temporary guardrail end
treatment. .
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
2. MATERIALS: Materials used in the Temporary Gu.ardra:il.Anchorage - Type 11 shall meet the
requirements ofSuhsection 64L02 of the Standard Specifications and ctm'ent 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 Gu3.rdrai1 Anchorage - Type 11 shall conform
to the requirements of the Plans, current Georgia Standards and Subsection 64L03 of the
Standard Specifications. InstaIlation shall also include sufficient additional guardrail and
appurt.PT1~T1t'"('S to effect the transition and connection to Temporary Concrete Barrier as required
, by the details in G~orgi..a Standard 4960.
150.06 EXCAVATION ADJACENT TO A TRAVEL LANE: Constru.d:i.on work involving, trenching adjacent
to a travel way shall not begin until the Contractor is able to continuously place the required typical
section to within two inches of the existing pavement elevation, or heal the rem~';T1iT1g difference in
elevation to the traveled way as shown in DetaillS0-E.
Channelization devices and placement during the construction period shall conform to the requirements
of Subsection 150:05 and Deta:i1s lS0-B, ls0-C, lS0-D, and ls0-E shown hereizi.
In addition to the signs specified in Section ISO and the MUTCD J a W-20 sign with the legend "CLEm
(RIGHT) LANE NARROWS"with two flags shall be k.eptjust off the paving edge and 500 feet upstream
of the point where channelization devices are erected on the pavinE; edge.
A STONE BASES, SOIL AGGREGATE BASES,AND SOIL BASES:Drc~ffs in elevation of more. than
two inches between surfaces C3I!'ying, 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
bacldiIl in a proficient manner, a single. length of excavated area not to exceed 1000 feet may be left
open as a start up area for periods not to exceed 48 hours.
B. ASPHALT BASESlBINDERS: Drop-offs in elevation of more than two inches between surfaces
carrying or adjacent to traffic will not be allowed for more than 48 homs.
c. PORTLAND CEMENT CONCRETE AND CEMENT STABTl:.T7.F.D BASES: CoDStructi.on work
acUac:ent to the traveled way which involves these types of bases shall be healed within 48 hours after
the curing period is complete for each section placed. During the placement period, traffic control
devices will be in accordance with Subsection 150.05 and Detail 150-B.
D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRAYELWAY: Work such a.s
drainage structures, utility facilities, or any other work which results in a chcp-off adjacent to the
t:ra:velway shall be perl"onned expeditiously so as to miT1im;~e the exposure to the hazard. & soon a.s
practical, the excavation shall be ba.cldilled to the miT1imum. requirements of:petaillSO-E. In no case
will the drop-offbe allowed to exist more than five calendar days. This may require stage construction,
such as plating and backfilling the incomplete work.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA.
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NOTEs Drums ,..q.slred 'for 1'hls
loc:crtlon,.oeced aT SO F'T. tn1'ervczta.
If 1'he troveled we":! .rd1'h
13 reduced 1'0 less 1'hc2n
10 fee1' by 1'he u.s. of dnJms.
"er1'Ic:a1 ~nels shC1ll be used
tn lieu of drum& .
Loc:01'ron 01 drUM when
dr'op-off exc:eeds .. tnches.
----------\
---_...:...:._---:----'\
<llli:
t NEW CONSTRUCTION +
TRAVEL LANE
~
DROP-OFF GREATER THAN ~ INCHES
DETAIL 150-8
Or-urns spec.d 01'
50f.e1' 1n1'.....vels.
LoectTon of drums when
drop-off ta 2+ Inches to
.. rnc:t1es.
-.:_~:_-----\.
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NEW CONSTRUCTION
+
TRAVEL LANE
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DROP-OFF OF 2 + INCHES TO ~ INCHES
DET AIL 150-C
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DEPARTMENT OF TRANsPORTATION
STATE OF GEORGIA
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..... .. ....
. . .::..~., ....< ....:~ .'t. .
Dr-una sP<2ced at
100 feet (nter-val&,
Locatr<2n 0'1 dr"una when
dr-Oel-of., Ta 2 Tnd'1es or 1.5&
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<
1"
NEW CONSTRUCTION
+
TRAVEL LANE
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DROP-OFF OF 2 ~C~ES OR LESS
DETAIL ISO-D
Loca1'lon 0'1 dn.mIs ImmedIaTely
011'8t'" com~le1'Ton of healed sec1'lon.
3goced 01" SO f1'. 'nter-v<2ls.
COmDQcted or-oded
oQQr-eQote.aubb<2se
m01'er-rd Or" dTr-1'.
TOP OF ORUN TO BE LEVEL
2 ft. +/-
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NO STEEPER THAN 4:1
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NEW CONSTRUCTION
+
1,r-+
TRAVEL LANE
HEALED SECTION
OET AIL f50-E
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DEPARTMENT OF 'TRANSPORTATION
STATE OF GEORGIA
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150.07 FLAGGJNG AND PILOT CARS:
A. Fla.ggers shall be provided as required to handle ttcaffic, as specified in the Plans or Special Provisions
,
and as required by the Engineer. . . .
B. All flaggers shall meet the requirements of the MUTCD and must have received training and a
certificate upon completion of the training from a Department approved tra.ining 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). '
C. Flaggers shall wear high-visibility clot.hiz,.g in compliance with the MUTCD and shall use a StoplSlow
paddle meeting the requirements of the MUTCD for controlling tra.ffic. 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 an front and back.
D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meet the requirements
ofilie MUTCD.
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 miTlm,i-riT\g confusion and disTuption to traffic flow, shall ha:ve priority over all
other ContractOr activities. Continued failme of the Contractor to comply with the requirements of Section.
150 CTRAFFIc CONTROL) will result in DOn-refundable deductions ofmanies 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, e:tcept erosion control and traffic control, taking corrective action as
specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work
on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to
the deductions for non-performance of traffic control.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF
TRAFFIC CONTROL INSTALLATION AND/OR MAJNTENANCE
ORIGINAL TOTAL CONTRACT AMOUNT
From More Than To and rncl~dine' Daily Ch~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 iIlclude all traffic control not paid for separately, and will be paid as follows:
When the first Constrnction 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
pezcent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid Gess
previous payments), not to aceed one hundred (100) percent and subject to normal retainage.
When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the
requirements of Section 150 and the Traffic Control PIan shall be in full force and effect. The cost of
complying with these requ:irements will not be paid for separately, but shall be included in the overall
bid submittal.
B. SIGNS: When shown as a pay item in the contract, interim special guide signs will be paid for as
listed below..All other regulatory, warning, and guide signs, as required by the Contract. will be paid
for under Traffic Control Lump Sum or included in the overall bid submitted.
1. Interim ground mounted or interim overhead special guide signg will be measuredlOr payment
by the square foot. This payment shall be full compensation for furnishing the signs, inclu.ding
suppott.s as required, erecting, illuminating overhead signs, mainb;n;ng, removing, re-erecting,
and final removal from the Project. Payment will be made only one time re~ess of the number
of moves required.
2. Remove and reset aisting special guide sigDs, ground mount or overhead, complete, in place, will
be measured for pa}'I11ent per each. Payment will be made only one time r,egardless 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 iIlclude acly that portion of the siEn modified. Payment shall
include materials, removal from posts or supports when necessary, and remounting as required.
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DEPARTMENT OF TRANsPORTATION
STATE OF GEORGIA
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.C. PRECAST MEDIAN BARRIER.: Precast Median Ba:nierwi11 be measured as specified in Section 622.
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured
a.s specified in Section 632. .
E. TEMPORARY GUARDRAIL ANCHORAGE, Type 11; Tempor.uy Gu.ardrail.Anchorage _ Type 11 will
be measured by each assembly, complete in place and ao:epted according to the details shown in the
. plans, which shall also include the additional guardrail and appurten~T'lC~ necessary for transition
and connection to Temporazy ConcreiA:! Barrier. Payment shall include all necessary materials,
equipment, labor, site preparation, m.a.intenance and removal.
F. TRAFFIC SIGNAL INSTAlLATION - TEMPORARY: Traffic Signal Installation _ Temporary will be
measured a.s specified in Section 647.
G. FLASHING BEACON .ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in
Section 647.
H. TEMPORARY, SAm) LOADED A'ITENUATOR MODULES: Each Sand Loaded Attenuater Module
of the type specified includes all material components, hardware, incidentals, labor, sits preparatiOll .
and mainteI1ance. Each module will be measured for payment by the drum only once regardless of the
number oflocation.s installed. Modules to replace those d~m~ged 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.
r. PORTABLE IMPACT A'ITENUATORS: Each Portable Impact Attenua.tor 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
rbm ~ ge. Each unit wiII be measured cmIy once regardless of the number of locations installed, moves
required, or number of repairs necessary because of traffic n~mage. Upon completion of the project,
the units shall be removed and retained by the Contractor.
J. PAVEMENT MARKINGS; Pavement m.ar~ will be measured as specified in Section 150.
150.10 PAYMENT:
When shown in the Schedule ofItems in the Proposal, the fonowing items will be paid for separately.
Item No. 150. Traffic Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sam.
Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. perLmear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Color) .............. per Linear Mile
Item No. 150. Traffic Control, Solid Traffic Stripe,
Thennoplastic Inch, (Color) ... ..:.. '. . . . ... . . . . .. ..... . per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe,
ThennopIastic Inch, (Color) ........................... per Linear Mile
Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors .............. . .. per Each
Item No. 150. Traffic Control, Raised Pave;m.ent Markers -.All Types. . . . . . . . . . . . . . . . . .. per Each
Item No. 150. Interim Ground Mounted Special Guide Signs. . . . . . . '. . . . . . . . . . .. per Square Foot
Item No. 150. Interim Overhead Special Guide Si~ .......................... p.er Square Foot
70:-ZZ
,DEPARTMENT OF TRANsPORTATION
STATE' OF GEORGIA '
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Remove &: Reset Existing Special Guide Signs,
Ground Mount, Camplet;e in Place . . . ': . . .. . . . . . . . . . . . . . . . . . . . . . . . . . ~ per Each
Remove &: Reset, Existing Special Gaide Signs~ ,
. Overhead,Complete in Place ...................................... Per Each
Traffic Control, Tempor:uy Sand Loaded .Atten.ua.tor Modules ....... ~ . . ~. per Each
Traffic Control, Portable Impact~nn!lltor. .. .. . ... ... . . . .. .. ... . . . ... Per Each
Traffic Control, Pavement Markers, Words and Symbols ... . . ~ . . . .. per Square Foot
Traffic Control, Pavement.Arrow (Painted) With Raised Reflectors . '. . . . . .. per Each
Modify Special Gaide Sign, Ground Moant . . . . . . . . . . . . . . . . . . : . . .. per Square Foot
Modify Special Guide Sign, Overhead '... . . . . .'. . . . . . . . . . . . . . . . . .. per Square Foot
Precast Concrete Median Barner.. . . . . . . " . . . . . . . . . . . . . . .'. : . . . . . . . per ~ar Foot
Chan~le Message Sign, Portable ....'....;.~'.......,................. per Each
Temporazy Guardrail Anchorage, Type 11 ............................. per Each
Traffic Signal Installation, Temp ...................................: Lam.p Sum
Flashing Beacon Assembl~, Structtlre Mounted. . . . . ~ .' . . . . . . . . . . . . . . . . .. per Each
Flashing Beacon .Assembly, Cable Sapported . . : . . . . .. . . . . . . . . .. . . . . . . .. per Each
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