HomeMy WebLinkAbouttraffic Engineering Phase II
Augusta Richmond GA
DOCUMENT NAME: -1x~c.. ~()ee.I(\DS \XD~ \ \
DOCUMENTTYPE:~~c}
YEAR: 03
BOX NUMBER: \q
FILE NUMBER: \ 19. ~ 3
NUMBER OF PAGES: Cf\
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, ' CONTRACT DOCUMENTS
FOR
TRAFFIC ENGINEERING
PHASE II
..
PROJECT NO.
323 -04'- 200823591
. .'~,
. Bond No. 545 60 43
GtEAT AlVERlC-\N INSURMI(.E COM~
OHIO
CAUTION: You should use an original AlA document which has this caution printed in red. An original assures that
changes will not be obscured as may occur when documents are reproduced.
PERFORMANCE BOND
The American Institute of Architects, AlA Document No, A311 (February. 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor)
Beam's Contracting, Inc.
2335 Atomic Road, Beech Island, South Carolina 29842
as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety)
GREAT AMERICAN INSURANCE COMPANY
580 Walnut Street, Cincinnati, Ohio 45202
as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner)
City of Augusta
530 Greene Street, Augusta, Georgia 30911
as Obligee, hereinafter called Owner, in the amount of
Five Hundred Thousand Two Hundred Forty One and 25/100----
Dollars ($ 500~241.25 ),
for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly
by these presents.
WHEREAS,
Contractor has by written agreement dated 19 , entered into a contract with Owner for Traffic
Engineering, Phase II Project Number: 323-04-200823591
in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
GREAT AMERICAN INSURANCE COMPANY
Cyi~-u-.:2"") ~
Attorney-in-Fact (T'~
Countersigned by ~~ (2. &J~
~h~' R:- Walker
Georgia Resident Agent
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is
such that, if Contractor shall promptly and faithfully perform said
Contract, then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
The Surety hereby waives notice of any alteration or extension of time
made by the Owner.
Whenever Contractor shall be, and declared by Owner to be in default
under the Contract, the Owner having performed Owner's obligations
thereunder, the Surety may promptly remedy the default, or shall
promptly
1) Complete the Contract in accordance with its terms and conditions,
or
2) Obtain a bid or bids for completing the Contract in accordance with
its terms and conditions, and upon determination by Surety of the lowest
responsible bidder, or, if the Owner elects, upon determination by the
Owner and the Surety jointly of the lowest responsible bidder, arrange for
Signed and sealed this day of
~~
.d-~rJ~
(Witness)
(jjJPtu ryy~
5B 5715b
Performance Bond. This bond Is Issued sImultaneously
with Labor and Material Bond F.9635 - (3/82).
Revised to February, 1970
F,9633F (11/92)
a contract between such bidder and Owner, and make available as Work
progresses (even though there should be a default or a succession of
defaults under the contract or contracts of completion arranged under this
paragraph) sufficient funds to, pay the cost of completion less the balance
of the contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder, the amount set forth in the
first paragraph hereof. The term "balance of the contract price," as used in
this paragraph, shall, mean the total amount payable by Owner to
Contractor under the Contract and any amendments thereto, less the
amount properly paid by Owner to Contractor.
Any suit under this bond must be instituted before the 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. '
19
Beam's Contractin
Inc.
(Principal)
(Seal)
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(Title)
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GREA"!4MERlCAN:
INSURANCE COMPANIES
TERRORISM COVERAGE RIDER
NOTICE-DISCLOSURE OF TERRORISM COVERAGE AND PREMIUM
The Terrorism Risk Insurance Act of2002 establishes a program within the Department
of the Treasury, under which the federal government shares, with the insurance industry,
the risk ofloss from future terrorist attacks. The Act applies when the Secretary ofthe
Treasury certifies that an event meets the definition of an Act of Terrorism. The Act
provides that, to be certified, an Act of Terrorism must cause losses of at least five
million dollars and must have been committed by an individual or individuals acting on
behalf of any foreign person or foreign interest to coerce the government or population of
the United States.
To be attached to and form part of Bond No. 545 60 43 , effective 9-30-03
In accordance with the Terrorism Risk Insurance Act of 2002, we are providing this
disclosure notice for bonds on which Great American Insurance Company, its affiliates
(including, but not limited to Great American Alliance Insurance Company, Great
American Insurance Company of New York and Great American Assurance Insurance
Company) is the surety.
The United States Government, Department ofthe Treasury, will pay a share ofterrorism
losses insured under the terms of the Act. The federal share equals 90% of that portion of
the amount of such insured losses that exceeds the applicable insurer retention.
This Coverage Part/Policy covers certain losses caused by terrorism. In accordance with
the Federal Terrorism Risk Insurance Act of2002, we are required to provide you with a
notice disclosing the portion of your premium, if any, attributable to the coverage arising
from losses for Terrorist Acts Certified under that Act.
The portion of your annual premium that is attributable to coverage for Terrorist Acts
Certified under the Act is : $:00.
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GREAT AMERICAN INSURANCE COMPANY@
Administrative Office: 580 WALNUT STREET. CINCINNATI, OHIO 45202 . 513-369-5000 . FAX 513-723-2740
TIle number of persons authorized by
this power of attorney is not more than THREE
No. 017456
POWER OF ATTORNEY
KNOW ALL l'vlEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY. a corporation organized and ex.isting
under and by vin:ue of the laws of the State of Ohio, does hereby nominate. constitme and appoint the person or persons nanled below its true and lawful attorney-
in-fact, for it and in its name. place and stead to execute in behalf of the said Company. as surety. any and all bond~. undertakings and contracts of suretyship, or
other written obligations in the nature thereof; provided that the liability of the said Company on any such bond. undertaking or contract of suretyship executed
under this amhority shall not exceed the limit stated below.
Name
Address
Columbia, South Carolina
Columbia. South Carolina
Limit of Power
all unlimited
Barbara H. Register
Herbert L DeCuers
John R. Walker
Macon. Georgia
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above,
IN WITNESS WHEREOF the GREAT AIvIERlCAN INSURANCE COMPANY has caused these presents to be signed and attested by its appropriate
officers and its corporate seal hereunto affixed this 10th day of June 2002
Attest GREAT AMERICAN INSURANCE COMPANY
STATE OF OHIO. COUNTY OF HAMILTON - ss: DOUGLAS R,BOWEN (513-369-3811)
On this 10th day of June. 2002 . before me personally appeared DOUGLAS R. BOWEN. to me known.
being duly sworn, deposes and says that he resides in Cincinnati. Ohio, that he is the Divisional Senior Vice President of the Bond Division of Great American
Insurance Company, the Company described in and which executed the above instmmelll: that he knows the seal of the said Company; that the seal affixed to the
said instrument is such corpomte seal: that it was so affixed by auth01;ly of his office under the By-Laws of said Company. and that he signed his name thereto by
like authority.
This Power of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great Amer;can Insurance Company
by ummimous wrinen consent dated IVlarch 1. 1993.
RESOLVED: 7710t the Dipision Presidem, the several Division I'lee Presidems and A.uislam Hce Presidenls, or anyone oj them, be and hereby is
alllhori~ed. Jrom time to lime. 10 appoilll one or more Allol71eys-in-Facl 10 execL/le on behalf of Ihe Company. as surely, any and all bonds. undertakings and
contraclS oJsllretyship. or other wrilfen obligalions inlhe llaWre Ihereof' to prescribe Iheir respecli\'e dUlies and Ihe respecliI'e limils oJlheir aUlhoritv: and 10
revoke any IlIch appoilllmem at any tillle.
RESOLVED FURTHER: That rhe Componv seal and the signature oj an)' of the aforesaid officers and any Secrerary N Assislam Secrelary of Ihe
Compan)' may be affixed by facsimile TO any pOII'er of allome)' or cert([icare (}f eirher gh'enfor the execlllion of any bond, IInderlaking, comracr or suretyship. or
other wrillcn obligation in the naTllre thereof slleh signorllre and scalwhen w IIsed being hereby adopted by rhe COil/pan)' as the original signature ofsllch officer
and the original seal of rhe Company. to be valid and binding IIpon Ihe Company wiTh rhe same force and cffecr as Ihough manllally afjixed.
CERTIFICATION
I. RONALD C. HAYES. Assistant Secretar)' of Greal Americanlnsllrance Company. do hereby cellify that the foregoing Power of Anorney and the
Resolutions of the Board of Directors of March I. 1993 have not been revoked and are now in full force and effect
Signed and sealed this
day of
S 1029T (11/01)
ACOBD'M CERTIFICATE OF LIABILITY INSURANCE I DATE (MMlDDIYY)
09/30/03
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTEA OF INFORMATION
Davis-Garvin Agency, Inc. ONLY' AND CONFERS NO' RIGHTS UPON THE CERTIFICATE
PO Box 21627 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Columbia, SC 29221-1627
800 845-3163 INSURERS AFFORDING. COVERAGE
-----
INSURED INSURER A: Capital City Insurance Company
Beam's Contracting, Inc -~_._-.-- --
INSURER B: Hartford Insurance Company
2335 Atomic Road ---" -----
INSURER C:
Beech Island, SC 29842 INSURER 0:
I INSURER E:
CUent#: 4703
BEAMSCON
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING
ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MA Y 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,
1~4'~ I I Pg~.fEY(~:~g~~~ ,P%~fJ (~XJt~t~I~\N I ~~_. ~ -
TYPE OF INSURANCE POLICY NUMBER LIMITS
A 'GE~ERAL LIABILITY j 08CLOO0845 104/01/03 104/01/04 EACH OCCURRENCE $1,OOO,QQQ_
--
X ,COM M ERCIAL GENERAL LIABILITY ' I FIRE DAMAGE (Anyone fire) $1 OO,OOJL _
- .~ . . --
H-= CLAIMS MADE W OCCUR MED EXP (Anyone person) $5,000
PERSONAL & ADV INJURY $1 000 000
LJ GENERAL AGGREGATE $2 000,000
M'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $2 000,000
POLICY n rr& n LOC
A ~OMOBILE LIABILITY 08CA00846 04/01/03 04/01/04 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $1,000,000
II ALL OWNED AUTOS i
, I BODILY INJURY $
, (Per person)
, _ .; SCHEDULED AUTOS I I -
X , HIRED AUTOS BODILY INJURY
~ NON-OWNED AUTOS (Per accident) $
\
PROPERTY DAMAGE $
I I (Per accident)
I GARAGE LIABILITY ~9NL Y - EA ACCIDENT $ - -, .. -----
H ANY AUTO I OTHER THAN EA ACC $
AUTO ONLY: AGG $
A ~ESS LIABILITY 08CUL005351 104/01/03 04/01/04 EACH OCCURRENCE $5,000,900___
X OCCUR II CLAIMS MADE t'~G"'G."~,- -- - - - -.., :;,000,000
I I I
~ DEDUCTIBLE ,
I I I ---------,--- ~-~-~---~---~.- -
I X I RETENTION $10000 I 1$
A I WORKERS COMPENSATION AND 108WCOO0540 04/01/03 04/01/04 X IT~~-1nJI~s I IOJ~-
EMPLOYERS' LIABILITY $500,000
I I E,L EACH ACCIDENT
EL DISEASE. EA EMPLOYEE $500,000
EL DISEASE - POLICY LIMIT $500,000
B OTHER Leased or 22MSBE1528 04/01/03 04/01/04 $200,000 Limit
rented Equipment $2,500 Deductible
DESCRIPTION OF OPERATIONSlLOCATIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Re: Traffic Engineering, Phase II Project Number: 323-04-200823591
CERTIFICATE HOLDER I I AD D mONAllNSURED; INSURER LETTER: CANCELLATION
SHOULD ANYOFTHEABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Augusta DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30_ DAYS WRITTEN
543 Greene Street NOTICETOTHE CERTIFICATE HOLDERNM'lED TOTHE LEFT, BUTFAJLURE TODOSOSHALL
Augusta, GA 30911 IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES,
AUTHORIZED RE7SENTA~.4 I
I -2''1. ,..,~ ';r- Ii I/_P'M~~
.
ACORD 25-S (7/97) 1 of 2
#S106730/M97124
BHR
<;) ACORD CORPORATION 1988
...
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
I.
ACORD 25-5 (7/97) 2 of 2 #8106730 /M9712 4
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LIST OF PROJECT DOCUMENTS
TRAFFIC ENGINEERING PHASE IT
Project Number: 323-04-200823591
SECTION
PAGES
Instruction to Bidders
IB-l thru IB-3
Georgia Prompt Pay Act
PPA-l
Minority and Economically
Disadvantaged Business Support
ME-I
Special Conditions
SP-l thru SP-2
Agreement
A-I thru A-4
General Conditions
1 thru 33
Supplementary Conditions
SC-lthru SC-2
Proposal
P-l thru P-8A
Construction Exit
CE-l
General Notes
G-l thru G-16
Traffic Control
TC-l thru TC-23
07/03/03 :pp
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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.
IB-02
EXAMINATION OF WORK
Each bidder shall, by careful examination, satisfy himself as to the nature
and location of the work, the conformation ofthe ground, the character, quality and
quantity of the facilities needed preliminary to and during the prosecution of the work,
the general and local conditions, and all other matters which can in any way affect the
work or the cost thereof under the contract. No oral agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of the
contract, shall affect or modify any of the terms or obligations therein.
IB-03
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans , specifications or other prebid
documents will be made to any bidder orally.
Every request for such interpretation should be in writing addressed to the
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 A\VARD
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 estinlated, quantities are included in certain items of the proposal,
they are for the purpose of comparing bids. While they are believed to be close
approximations, they are not guaranteed. It is the responsibility of the Contractor to
check all items of construction. In case of error in extension of prices in a proposal, unit
bid prices shall govern.
IB-2
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IB-06
BIDDER'S QUALIFICATIONS
No proposal will be received from any bidder unless he can present
satisfactory evidence that he is skilled in work of a similar nature to that covered by the
contract and has sufficient assets to meet all obligations to be incurred in carrying out the
work. He shall submit with his proposal, sealed in a separate envelope, a FINANCIAL
EXPERIENCE AND EQUIPMENT STATEMENT, giving reliable information as to
working capital available, plant equipment, and his experience and general qualifications.
The owner may make such investigations as are deemed necessary to determine the
ability of the bidder to perfonn 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 ifthe evidence submitted by the bidder or investigation
of him fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations ofthe contract and to complete the work contemplated therein. Part of the
evidence required above shall consist of a list of the names and addresses of not less than
five (5) firms or corporations for which the bidder has done similar work.
IB-07
PERFORMANCE BOND
At the time of entering into the contract, the Contractor shall give bond to
the owner for the use of the owner and all persons doing work or furnishing skill, tools,
machinery or materials under or for the purpose of such contract, conditional for the
payment as they become due, of all just claims for such work, tools, machinery, skill and
terms, for saving the owner harmless from all cost and charges that may accrue on
account of the 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.
IB-3
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GEORGIA PROMPT PAY ACT
This agreement is intended by the parties to, and does, supersede any and all provisions
of-the Georgia Prompt Pay Act, O.C. G. A Section 13-11-01, et seg. In the event any
provision of the Contract is inconsistent with any provision of the Prompt Pay Act, the
provision of this contract 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 thereot: shall be decided in the
Superior Court of Richmond County, Georgia. The Contractor, by executing this
Agreement, specifically consents to venue in Richmond County and waives any right to
contest the venue in the Superior Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to this Agreement and
Contractor specifically waives any claim to same.
NOTICE
All references in this document, which includes all papers, writings, drawings, plans or
photographs to be used in connection with this document, to "Augusta-Richmond County
Commission-Council and all references to "Chairman" shall be deemed to mean
"Mayor".
DISPOSALS
Prior to any material from this project being wasted or otherwise disposed of outside the
project limits the Contractor shall furnish the Engineer a copy of written permission,
signed .by the property oWner (or his authorized agent) describing the estimated .amount
and type of material to be placed on said property. If any portland cement concrete,
asphaltic concrete, wood or other such materials are to be wasted on the property, a copy
of the owner's inert landfill permit, issued by the Environmental Protection Division shall
be furnished to the Engineer prior to any such waste being removed from the project.
In all cases, regardless of the material being wasted, a grading permit issued by Augusta
Richmond County must be furnished to the Engineer.
PP A-I
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:MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta Richmond County-Council to increase the
involvement of qualified minority and economically disadvantaged businesses in the
contracted work of County Government.
In an effort to support this intention, this project is offered to all qualified firms.
The bids will be evaluated based on qualifications, price and construction time. With all
other items being considered equal, the contract, if awarded will be awarded to a minority
and economically disadvantaged firm or a firm. that has included such firms as
subcontractors on this project.
The bidders shall include with their bid a statement of qualifications for
themselves and/or any 'qualified subcontractors eXplaining why they should be considered
a minority or economically disadvantaged firm. If the firm does not 'fall into this
category, no information is necessary.
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TRAFFIC ENGINEERING PHASE II
Project No: 323-04-200823591
SPECIAL CONDITIONS
SCOPE:
This project will cover several intersections within the city and consists of the
. installation of new concrete curb and gutter, concrete driveway aprons, storm drainage
piping, pavement widening and signal installation. The Contractor shall furnish all
materials, equipment, labor and supervision needed to properly complete this project.
CONSTRUCTION SEOUENCE:
1) If Alternate A is awarded, the work shall be done in the following order: 1st North
Leg @ Gordon Hwy.; 2nd Augusta West Parkway @ Wheeler Rd.; 3rd Lincolnton
Parkway @ Windsor Spring Rd.; 4th Ruby Drive @ Richmond Hill Rd. Traffic
Signal.
2) If Alternate B is awarded, the order of work shall be: 1st North Leg @ Gordon Hwy.;
2nd Augusta West Parkway at Wheeler Rd.; 3rd Ruby Drive at Richmond Hill Rd.
Traffic Signal.
CONTRACTOR MUST BID BOTH ALTERNATES
LUMP SUM CONSTRUCTION:
item Number 230-1000 Lump Sum Construction, includes, but is not limited to the
following: Bonds, insurance, locating, maintaining and reclaiming borrow and/or disposal
areas, construction staking, removals and relocations not covered by a separate pay item,
sawing pavement, removing and resetting of other obstructions and any other item not
covered by a specific pay item. The contractor shall submit an itemized breakdown of all
items included in the price bid for Lump Sum Construction. This includes all items for
which there are no specific pay item. This will provide accuracy when partial payments
are requested for Lump Sum Construction.
DETAILED ESTIMATE:
The detailed estimate on Plan Sheet E-l is voided. All bids shall be based on the items
included in the detailed estimate on sheets P-2 thru P-7 of the contract documents. The
Contractor must bid on Alternate A and Alternate B.
STORM DRAIN PIPE:
All Rep shall include O-ring gaskets.
SP-l
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UTILITY CONFLICTS:
The Contractor shall coordinate with ALL utility owners the providing of a schedule
addressing in detail, when, where, and how long each utility will be involved in the utility
conflict(s) resolution and/or relocation. Each utility will provide input in compiling such
schedule. This schedule must be compatible with the construction schedule prepared and
submitted by the Contractor.
A weekly meeting including all utility reps, as selected by the Contractor and the ARC
Inspector, will be scheduled to address utility concerns on a regular basis.
AUGUSTA-RICHMOND COUNTY, UTILITIES DEPARTMENT WATER
SYSTEM:
No water valves, lines, or services shall be shut off or worked on without notifying all
property oWners, businesses, and the Utilities Department 24 hours in advance. A
Utilities Department representative must also be present. Any work done without
notification to the Utilities Department will result in the enforcement of the Augusta-
Richmond County Municipal Code Sections 5-2-7 and 5-2-13, which regulates the
unauthorized operation of the water system. Violations of this ordinance, in accordance
with Sections 5-2-40 and 1-6-1, shall be punishable by a fine not exceeding one thousand
dollars or by imprisonment not exceeding sixty (60) days in jail, either or both, in the
discretion of the presiding Magistrate Court Judge.
STAND OF PERMANENT GRASS:
If a satisfactory stand of permanent grass has not been obtained prior to the final
inspection, the Contractor shall begin watering and continue watering until a 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.
CONSTRUCTION NOTES:
All utility facilities which are in conflict with construction, not covered as specific items
in the detailed estimate, are to be removed and relocated by the respective owners with
the exceptions of Augusta Traffic Engineering and augusta Utility Department. All
"above ground" utility structures will be relocated as near as practical to the Right-Of-
Way (ROW) lines.
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, SECTION A
AGREEMENT
THIS AGREEMENT, made on the ~ day of .5t?~r ' 200.3- by and between City
of Augusta
party of the first part, hereinafter called the OWNER, and 'X ~ . S
~~ /3~ '
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:
TRAFFIC ENGINEERING, PHASE IT
Project Number: 323-04-200823591
And in accordance with the requirements and provisions of the Contract Documents as
defined in the General and Special Conditions hereto attached, which are hereby made a
part of this agreement.
ARTICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
The work to be performed under this Contract shall be commenced within 10
Calendar days after the date of written notice by the Owner to the Contractor to proceed.
All work shall be completed within 135 calendar days with such extensions of time as are
provided for in the General Conditions.
It is hereby understood and mutually agreed, by and between the contractor and
the Owner, that the date ofbeginniIig, rate of progress and the time for completion of the
work to be done hereunder are ESSENTIAL CONDITIONS of this contract. Contractor
agrees that said work shall be executed regularly, diligently, and uninterruptedly at such
rate of progress as will insure full completion thereof within the time specified. It is
expressly understood and agreed by and between the Contractor and
the Owner, that the time for completion of the work described herein is a reasonable time
for completion of the same, taking into consideration the average climatic range and
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construction conditions prevailing in this locality.
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO
COMPLETE THE WORK WITIllN THE TThffi 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 sumofFive 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 ill - P A Y1vfENT
(a) The Contract Sum
The owner shall pay to the Contractor for the performance of the contract
the amount as stated in the Proposal and Schedule ofItems. No variations
shall be made in the amount except as set forth in the specifications
attached hereto. .
(b) Pro~ess 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 comple!ed from the start of the job up
to and including' the last working day of the proceeding month, together with such
supporting evidence as may be required by the Owner and/or the Engineer. This
estimate shall include only the quantities in place and at the unit prices as set forth in the
Bid Schedule.
On the vendor run, following approval of the
invoice for payment, the owner shall after deducting previous payments made, pay to the
Contractor 90% of the amount of the estimate on units accepted in place. The 10%
retained percentage may be held by the Owner until the final completion and acceptance
of all work under the Contract.
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Revised (7/1/99
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(a) Upon receipt of written notice that the work is ready for final inspection
acceptance, the Engineer shall within 10 days, make such inspection and
when he finds the work acceptable under the contract and the contract
fully performed, he will promptly issue a final certificate, over his own
signature, stating that the work required by this Contract has been
completed and is accepted by him under the terms and conditions thereof,
and the entire balance found to be due the Contractor, including the
retained percentage, shall be paid to the Contractor by the owner within 15
days after the date of said final certificate.
(b) Before final payment is due, the Contractor shall submit evidence
satisfactory to the Engineer that all payrolls, material bills, and other
indebtedness connected with work have been paid, except that in case of
disputed indebtedness of liens of evidence of payment of all such disputed
amounts when adjudicated in cases where such payment has not already
been guaranteed by surety bond.
(c) The making and acceptance of the final payment shall constitute a waiver
of all claims by the Owner, other than those arising from unsettled liens,
from faulty work appearing within 12 months after final payment, from
requirements of the specifications, or from manufacturer's guarantees. It
shall also constitute a waiver of all claims by the contractor except those
previously made and still unsettled.
(d) If after the work has been substantially completed, full completion thereof
is materially delayed through no fault of the Contractor, and the Engineer,
so certifies, the Owner shall upon certification of the Engineer, and
without terminating the contract, make payment'ofthe balance due for that
portion of the work fully completed and accepted.
(e) Notwithstanding any provision of the General Conditions, there shall be
no substitution of materials or change in means, methods, techniques,
sequences or procedures of construction that are not determined to be
equivalent to those indicated or required in the Contract Document,
without an Amendment to the Contract..
Each payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement in three (3)
counterparts, each of which shall be deemed an original, in the year and day first
mentioned above.
AUGUST A, GEORGIA
COMMISSION-COUNCIL
~ ~:wner) ~l~
~r Title: Mayor
_"Jl.."U'IJ.'tl.'l.':iI....
~':P "I"" '\~"
_ '~\''- ".~r.",. .ollh
.,. /' "t; '1Q
#'c;.,\~- .........~.. t;,.,.)
:;"" A~'" t'eo. .~... ""~ ~
ee' ~ ." .,~ .\'!~'~;l
...., " f.\' -',r, ,,~
f-.:: ~A,',' 'It'~,;. . ~
Co ~ ' 6-,..9, ,~1
f! · 8 ~'~~-:':i(~ I': ~
~ ~ ~ t,.;",C);;,;" .... ~ >of (J.
II ~ 0 'I" ..;".:',,,~ :~. ... 'f fJ
'i, ,. aJJ,"-' --- . '" " /";
~ ~"o oi' If
Q .0
CONTRACTOR~ ~ Jl--
By:6~~
()
~~; W h7#~tu
Witnes 1
Title: ~ g....'oLr-
SEAL
Address: 2..3 3o~-
~
*1'~ I.J
:?!:>l~r) s i..-
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t '"7 8' 'I' J-.--
/!L-
Attest
/-J.P p~~ }; ~y}/l
Witness ~ c1
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GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Arricle
Number Title
~
DEFINITIONS... ......... ...... .................. ......... ... ......
PRELIMIN AR Y MA TIERS .....................................,..
CONTRACT DOCUMENTS:
INTE~T. AMENDING AND REUSE...............................
AVAILABILITY OF LANDS: PHYSICAL CO~DmONS:
REFERENCE POINTS.... ...... ...,.... ..... ... ......... .... ..... ...
BONDS AND INSURANCE........................................
CONTRACTOR'S RESPONSIBILITI;ES ............................
OTHER WORK .......................................,.............
OWNER'S RESPONSIBILITIES....................................
ENGINEER'S STATUS DURI:-IG CONSTRUCTION .......,......
CHANGES IN THE WORK.........................................
CHANGE OF CONTRACT PRICE......... ...................... ...
CHANGE OF CONTRACT TIME...................................
WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK...........................
PA YMENTS TO CONTRACTOR AN D COMPLETION ............
SUSPENSION OF WORK AND TERMINATION ....... ..........
,o\.RBITRA TION ......,..............................................
MISCELLANEOUS .... '" ........ ,.... ....... ................ ......
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4
5
6
7
8
9
to
II
11
13
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15
16
17
3
Page
7
8
9
10
II
14
18
19
19
21
21
:!4
24
26
29
31
32
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INDEX TO GENERAL CONDITIONS
I Arricl~ or Paragraph
Num;,~r
\cceptance of Insurance ............................. 5.13
.ess 10 the Work ..................................13.1
.pe;c~~~~~~;ti~~. ~.f.(.S.~ ~~~~~~~.~ .o.~ .. .......... ..... I
.greemenr--definition of ........................... . .... 1
IRiSk !nSUr:lnci:: ........................ ............. 5.6
ndmenl. Written ............................. I. 3.!.!
. lic:ation for Payment--Jelinition of .................. 1
.p'plic:ation for Payment. Final ...................... 14.12
11ic:ation for Progress Payment .................... 14.2
i~:C~:~ :~~.~~~~~. ~~.~~.~~~~~~~~~ ~.f.::::. ~~:~~4i~
"thorized Variation in Wort ......................... 9.5
tJabilitY of Lands .... ..... ..... .... .......... ...... 4.1
d. Notice of--denned .............................. 1
~~ re Starting Construction ...................... 2.5-2. i
eiinition of ....:.................................. I
ds and Insurance-m general ........................ 5
onds--<ieiinition of. ... .......... .......... ...... ....... I
Ids. Delivery of ........................... .._ 2.1,5.1
ds. Perfo,rmance and Other .................... 5.1.5.:
~h AlJowances ..................................... 11.8
Ise Order--defini tion of ............................. 1
ge Orders-to be executed ...................... 10.4
ges in the Wort ................................... J 0
",ims. Waiver of-on Final Payment ............... 14.16
IfiCations and Inte:-pretations ...................... 9.4.
ning ............................................. 6.1 i
ompletion . .. . . .. ... . .. .. .. .. ... . .. ..... .. . . . .. " .. . '" 14
'-npletio'n. Sucstantial ......................... 14.8-14.9
Icre nce. Pre::onstTUctio~ .. . . .. .. . .. .. .. .. . .. ... ... :. g
ic:. E:TOr. Discrepancy-Contractor
to RepOrt ...... '... . .. .... .. .. . . ...... . . . . .. .... :.5. 3.3
IS,truc:ion Machinery. Equipment. etc. ............. 6..1
unumg Work . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.:9
tnc: Documents--amending and
<~pplementing .................................. 3.4-3.5
ItnCt D .~ ... - 1
ocume:lt.o--yennmon or ............... '.. . . . ,.
tr:lCt Documents-Intent...................... 3.J-3.3
lrolC, Documen ts-Reuse of ....................... 3.6
- ltne: Price. Change of .............................. II
Ir:lCt P , < - . ,
ne e--.ennulon ............................... 1
r:lC, Time. Chang.e of .............................. 12
:Jnt!":lCt Time. Commencement of ................ ." " :.3
't!":let Time-Jefinition of ............................ 1
IraCtor--... . " .
--.enOltJon or ................................ I
r:lCtor May SlOP Work or Terminate ............. 15.S
Jnlr:lCtor' 5 Continuing Obligation .................. I.US
lI!":lctor's Duty to Report Disaepancy
.Documents .................................. ~.S. 3,1
r:lCtor's Fec:-Cost Plus ... 11.4.5.6. 11.5.1. 11.6-11.:-
,,,tr:lCtor's Li:J.bility Insurance....................... 5..3
lr:J.ctor"s R 'b'I' . '-, .
esponsl IltIes--tn gene..... ................ b
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Contractor's WarrantyofTitJe ........................ 14.3
Contrac:tors--other ...................................... 7
Contractual Liability Insurance........................ 5.4
Coordinating Contractor-definition of ,............... 7.4
Coordination .......................................... 7.4
Copies of Documen~s .................................. 2.:
COrTCction or Removal of Defective Wort ........... 13.11
Correction Period. One Year ........................ 13.12
Correction. Removal or Acceptance of Defective
Work-in general ............:.............. 13.11-13.14
Cost-net decrease ...................:............. 11.6.2
Cost of Wort .................................... 11.4-11..5
Costs. Suppiemental ................................ 11.4.5
Day--definition of ..................... .. . . .. . .. . . . . . . . .. I
Dej~crive-delinition of ................................. 1
D~f~criv~ Work. Acc..-ptance of .. . . .. . ... ..... . . .. ... 13.13
Def~crivf! Work. COrTCction or Removal of .......... J3 .11 .
Def~crive Work-in general............... 13.14.7, 14.11
Def~crive Work. Rejecting....... ...... ............ .... 9.6
Definitions ..........................................,... I
Delivery of Bonds....... ..... .................. ... .... 2.1
Determination for Unit Prices ........................ 9. J 0
Disputes. Decisions by Engineer. .. .. .. '" . . .. ... 9.11-9.12
Documents. Copies of ..:.............................. :L2
Doc:umelus. Record .................................. 6.19
Documents. Reuse ....................................3.6
Drawings---definition of ................................. I
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~ements ............................................ 4.1
Effective date of Agreemem--dennition of ...... . . . . .. ... I
Em~eneies ......... " . . . .. . . . . . . . . . .. .. . . . .. . . . . . . .. 6.~
Engineer-dennition of ......................... . . . . .. . .. I
Engineer's Decisions ............................ 9. 10-9.12
Engineer's-Notice Wort is Acceptable .............14.13
Engineer's Recommendation of Payment ...... (4..4. 14.13
Engineer's Responsibilities. Limitations
on ................. 6.6,9.11,9.13-9.16,18.2
Engineer's Status During ConsU'Uction-in general ...... 9
Equipment. L:1bor. Mat~rials and .................. 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
E.'l.plor:uions oi physical conditions.... ..... .. .. . ... .. 4.1
Fee. Contra,ctor's-Costs Plus........................ 11.6
Field Order--derinition of ............................... I
Field Order-issued by Engineer...... .......... 3.5.1. 9.5
Final Applie.:1tion for Payment....................... 14.12
Final Inspection ..................... '. . . . . . . .. . . . . . .. \4.11
Final Payment and Acceptance ...................... 14.13
Final Payment. Recommendation of ........... 14.13-14.14
General Provisions .............................. 11.3-17.4
General Requirements-derinition of........ .. .. ...... ... I
General Requirements-principal
references 10 .......,......... 2.6. 4.4, 6.4. 6.6-6.7. 6.:3
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Giving Notice........... ..... .......... .............. 11.1
I Guarantee of Work-by Contractor. ...... ............ IJ.I
Indemnification. . . . . . . .. . .. . . . .. " .. . . . . . . .. 6.30-6.32. 1.5
I Inspection. Final ..............................,......14.11
Inspection. Tests and ................... .. . .. ; .. " . . .. 13.3
Insurance. Bonds and-in genera! ....................... 5
Insurance. Certificates of ........................... 2.7,5
I Insurance--completed operations....... ... ... ......... 5..3
Insurance. Contractor's Liability...................... 5.3
Insurance. Contractual Liability.............. ......... 5.4
Insurance. Owner's Liability .......................... 5.5
I Insurance. Property .............................. 5.6-5.13
Insurance-Waiver of Rights... .............. ........ 5.11
Intent of Contract Documents..............,.... 3.3.9.14
Interpretations and Clarifications ...................... 9.4
I Investigations of physical conditions. . . . . .. .. , . .. .. . . .. 4.1
Labor. Materials and Equipment .................. 6.3-6.5
I Laws and Regulations-definition of ..................... I
Laws and Regulations-genera! ........ . . .. ... .. . .. ... 6.14
Liability Insurance~ontractor's ..................... 5..3
Liability Insurance-Owner's ......................... 5.5
I Liens-det1nitions of ................................ 14.2
Llmimtions on Engineer's
Responsibilities ..................... 6.6, 9.11. 9.13-9.16
I Materials and equipment-furnished by Contractor .... 6.3
Materials and equipment-not
incorporated in Work .............................. 14.2
I Materials or equipment~quivalent ................... 6.7
MisceUaneous Provisions ............................... Ii
Multi-prime contracts ................................... i
I Notice. Giving of .....................................17.1
Notice of Acceptability of Project ................... 14.13
Notice of Award--definition of .......................... 1
Notice to Proceed--dennition of ............... .... .. ..., I
Notice to Proceed~ving of .......................... :.3
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"Or-Equal" Items............................. .. ...... 6. i
Other contr:1ctol'S ....................................... i
lather work. " . . .. ...... ........ ............... .. '" ,.. " i
Overtime Work-prohibition of . '" ..... . .............. 6.3
Owner--dennition of .................................... I
I Owner May Correct Defecrive Work..... ...... ...... 13.14
Owner May S top Work .............................. 13.10
Owner May Suspend Work. Tenninate .......... 15.1.15.~
I Owner's Duty to E:tecute Change Orders ............. 11.S
I Owner's Liabilitv [nsur:1nce ........................... 5.5
Owner's Repres~ntative-Engineer to serve as ........ 9.1
Owner's Responsibilities-in general .................... 8
Owner' s S~p:lr:lte Representative at site ............... 9.3
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P:utial Utiliuuion .................................. 14.10
Partial Utiliz:ltion-ierinition of ......... ................ 1
I P:utial Utilimtion-Propen:y Insurance ............... 5.15
~(enc F.:es and Royalties............................ 6.1:
Payments. Recommcnd::uion of ........... 14.4-1~. 7. 14.13
~yments to C"ntr:lctor-in gener:1l .................... l.l.
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Paymenu to ConU'actor-when due ........... 14.4, 14.13
Payment.5 to Contractor-withholding ................ J4.7
Performance and other Bonds ..................... 5.1-5.2
Permits. .. . . . . . . . . . . .. . . . . . .. . . . . . .. .. ...... .. . . . . .. .. 6.13
Physic::u Conditions ................................... 4.2
Physic::U Conditions-Engineer's review ............. 4.2.4
Physical Condition.s-cxisting Stnlctures ............. 4.2.2
Physical Conditioo.s---<xplorations and rcpons ....... 4.2.1
Physical Conditions-possible document change ..... 4.2~
Physic:l! Conditions-price and time adjustments .... 4.2.5
Physic:l! Coriditions-report of differing ............. 4.2.3
Physical Conditions-Underground Facilities .......... 4.3
?reconstruction Conference ........................... 2.8
Preliminary Matters ..................................... 2
Premises. Use of ................................ 6.1~.18
Price. Change of Contract .............................. II
Price-Concract--definition of ............................ 1
Progress Payment. Applications for. . . .. .. ... . . .... . .. 14.2
Progress Payment-retainage ......................... 14.2
Progress schedule ............... 2.6.2.9.6.6. 6.29. 15.2.6
Project--defin:tion of .................................... 1
Project Representation-provision for ................. 9.3
Project Representative, Resident-definition of .......... I
Project. Starting the ................................... 2.4
Property Insurance............................... 5.6-5.13
Property Insurance-Partial Utilization ............... 5.15
Property Insurance-Receipt and Application
of Proceeds .................................. _ 5.12-5.13
Protection; Safety and ............ _ . .. . .. . .. . . . .. 6.20-6.21
Punch list ........................................... 14.11
Recommendation of Payment.................. 14.4. 14.13
Record Documents ................................... 6; 19
Reference Points ................. _. . . ...... . . . . .. .... ~ 4.4
Regulations. Laws and ............................... 6.14
Rejecting Defecrive Work ............................. 9.6
Related Work at Site .............................. 7.1-i.3
Remedies Not E:<clusive ............................. 17 A
Removal or Correction of Defective Work ........... 13.11
Resident Project Representative--deiinition of ........... I
Resident Project Reprcsentative-provision for........ 9.3
Responsibilities. Concraaor's-in general ..;............ 6
Responsibilities. Engineer's-in general. ........ _ . . . . .. ., 9
Responsibilities. Owner's-in general. .; .. . . . . . . . . . . . . . .. 8
Retainage ............................................ 14.2
Reuse oi Documents .................................. ~.5
Righu of Way.............. .......... ................. ~.I
Royalties. Patent Fees and ........................... 6.12
Safety and Protection....... 6.20-6.21, 18.1-18.2
Samples ......................................... 6.13-6.28
Schedule of progress ........ 2.6. 2.8-2.9.6.6.6.29. 15.2.6
Schedule of Shop Drawing
submissions. .. .. ......... ... .. ... 2.6. 2.8-2.9. 6.13. 14.1
Schedule of values .................... ~. 2.6. 2.8-2.9. I~.I
Schedules. Fin:l!izing ....... ....... .................... 2.9
Shop Ora wings and Samples ..................... 6.23-6.28
Shop Dnwings--jc:finition of... .................. ....... 1
Shop Dr:1wings. use to approve
substitutions ...................................... 6.7.3
5
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I. Visits t~y Engineer ........................... 9.2
ipecifications--aefinition of ............................. I
E'ng Construction. Before....................... 2..5-2.8
ing the Project ........;........................... 2.4
; ping Work-by Contractor................. ...... 15.5
:topping Work-by Owner.......................... 13.10
ICoCtr3.Ctor--dCfinitiOC of ............. . . . . . . . . . . . . . . .. 1
contrActors-in general ....................... 6.8-<i.ll
u contrActs--required provisions ............5.11.1. 6.11
11.4.3
Istantial Complctio~rtification of .............. 14.8
stantial Cornplction-defiaition of........... ......... 1
ubstitute or "Or. Equal" Items _...................... 6.7
I' surface Conditions. ... . .. . . . . . ... .. . .. .. . .. . ... 4.2-4.3
plemental costs ................................. 11.4.5
plemcnwy Condition~efiaition of ................ I
upplemenwy Conditions-principal
[erences to .. 2.2.4.2.5.1.5.3.5.6-5.8.6.3,6.13.6.23.
, 7.4.9.3
lementing Contract Documents............... 3.4-3.5
"-oplier--definition of . . . . . .. . . . . . . . . ... . " . . . . . . . . . . .. .. 1
rlier-PrinCiPal references to '" 3.6.6.5. 6. i-<i.9. 6.20.
6.24,9.13.9.16.11.8.13.4.14.12
W'cty-consent to payment....... ........... 14.12. 14.14
"ety-Engineer has no duty to ,.................... 9.13
Ity-notice to . .............. ... ........ 10.1. 10.5. 15.2
ty-qualification of ........................... 5.1-5.2
JSpending Work. by Owner ......................... 15.1
Jension of Work and Termination-in general....... 15
rintendent-Contractor's .....:................... 6.2
rvision and Superintendence. . . . . . . .. " .. . . . .. 6.1-6.2
Is-Payment by Contractor.. . . .. .. .. . . '" .. .. .. . .- 6~ 15
'nation--bv Contractor............ .............. 15.5
- ination--by Owner ......................... 15.2-15.4
"mlination. Suspension of Work and--in general ...... 15
I and Inspections ........................... 13.3-13.7
. Change of Contract .............................. 12
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Tune. Computation of ................................ 17.2
Tunc. Contract-definition of .... . .. . . . . .. .. .... . . . . .. . .. 1
Uncovering Work............................... 13.8-13.9
U nderg:round Facilities-definition of .................... 1
Under2TOund Facilities-not shown or indicated..... 4.3.2
Underiround Facilities-protection 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. 14.1. 14.5
Unit Prices......................................... 11.3.1
Unit Prices. Determinations for... .. .......... ........ 9.10
Use of Premises ................................. 6.16-6.18
Utility owners .......................... 6.13. ,6.20. 7.2.7.3
Values. Schedule of ......................... 2.6.2.9. 14.1
Variations in Work-Authorized............ 6.25.6.27.9.5
Visits to Site-by Engineer ........................ ~ ... 9.2
Waiver of Claims-on Final Payment................ 14.16.
Waiver of Rights by insured panies ........ ..... 5.10.6.11
Warranty and Guarantee-by Contractor .... ~.....; .. 13.1
Warrantv of Title. Contractor's ....................... 14.3
Work. Access to ..................................... 13.2
Work-byothers ... ............ ....... ...... ............7
Work Continuing During Disputes .................... 6.29
Work. Cost of ................................... 11.4-11.5
W ork--definition of ..................................... 1
Work Directive Change-definition of ................... 1
Work Directive Change-principal ,
references to '............................ 3.4.3,10.1-10.2
Work. Neglected by ContrActor ..................... 13.14
Work. Stopping by Contractor..................... ~.. 15.5
Work. Stopping by Owner....................... 15.1-15.4
Written Amendmenr-definition of ...................... I
Written Amendment-principal
references to ..................... 3.4.1.10.1. 11.2. I~.I
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GENERAL CONOlTIONS
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ARTICLE I-DEFINITIONS
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Wherever used in these Gener.lJ Conl1ition5 or in the other
Contract Documents [he following terms h:lve the me:lnings
indicated which are applic:lble to both [he singular and plural
thereof:
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.{dd~nd(/.-..Wrilten or grClphic instruments iS5ued prior to the
opening of Bid5 which clarify. correct or change the bidding
documents or the Contract Documents.
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.-t,'1rE'emellf- The written agreement between OWN ER and
CONTRACTOR covering: the Work to be performed: other
Contract Documents Clre altached to [he A.greement Clnd made
a part thereof as provided therein.
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AppliC'arirlll jf)r Paymellt- The form accepted by ENGI-
1'1 EER which is to be used by CONTRACTOR in requesting
progress or fin:ll payments Clnd which is to include such sup-
porting Ilocument:ltion as is required by the Contract
Documents.
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Bid-The offer or proposCll of the bidder submitted on the
prescribed fonn setting forth the prices for the Work to be
performed.
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BOllds-Bid. pen'ormance and payment bonds and other
inStruments of security.
ChangE' Order-A document recommended by E~G INEER.
which is signed by CONTRACTOR Clnd OWNER and autho-
rizes an addition. deletion or- revision in the Work. or an
adjustment in the Contmct Price or the Contract Time. issued
on or after the Effective Date of the Agreement.
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Conrracr DO"lIl71enrs- The Agreement. AddendCl (which per-
tain to the Conm:u;t Documents). CONTRACTOR's Bid
(including documentation accomponying the Bid ond any post-
Bid documentation submitted prior to the Notice lJf Aword 1
when attached as an exhibit to the Agreement. the Bonds.
these General Conditions. the Supplementary Conditions. the
Specificutions and the Drawings as the same are more spe-
cific:llly identified in the Agreement. together with all amend-
ments. modifications and supplements issued pursuant tu
paragraphs 3.4 and 3.5 lJn or after the Effective Date of the
Agreemen t. '
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CVI/rra('/ Price-The muneys payable by OWNER to CON-
TRACTOR under the Contmct Documents as stuted in the
Agreement (subject to thi: provisions of p:lragraph 11.9.1 in
the case of Unit Price Workl.
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Cm/rracr Till//!- The number of uaY5 (computed :IS providell
in par.1gmph I i.:l or thi: uate Slated in thi: Agreement for the
compl..:tion of the Work.
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CONTR.1. CTOR- Thi: person. lirm or corpor.1tion with whllm
OWN ER has c:ntered into the Agreement.
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defe('(il'e-An adjective which when modifying the word Work
refers to Work that is unsatisfactory. faulty or deficient. or
does not conform to the Contrllct Documents. or does not
meet the requirements of any inspection. reference standard.
test or approval referred to in the Contract Documents. or
has been damaged prior to ENGINEER's recommendation
of final payment (unless responsibility for the protection thereof
has been assumed by OWNER :It Substantial Completion .in
accordance with paragraph 14.8 or 14./01.
Dr(lll'ill,!.'s- The dmwings which show the character and scope
of the Work to be pert'ormed and which have been prepared
or approved by ENGINEER and are referred to in the Con-
tract Documents.
Effecri\'e DClfe of rlre A,l;'reeme/l{- The date indicated in the
Agreement on which it becomes etTective. but if no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
E.VG IN EER- The person. firm or corporlltion named as such
in the Agreement.
Field Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9.5 but \\ihich does not involve a change in the Contrllct
Price or the Contract Time.
Gelleral RequirE'menrs-Sections of Division I of the Speci-
fications.
Lall's and Regulariol/s: Laws or Regulations-Laws. rules; ,
regulations. ordinances. codes and/or orders.
NvriC'e of Award-The written notice by OWNER to the
apparent successful bidder stating thut upon compliance by
the apparent successful bidder with the conditions precedent
enumemted therein. within the time specified. OWNER will
sign and deliver the Agreement.
iVvr;ce to PrOCE'l!d-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEERllixing the d:lte
on which the Cont!':lct Time will commence to run and o'n
which CONTRACTOR shall start to ~erfonn CONTRAC-
TOR'S obligations under the Contract Documents.
ow,vER- The public body or outhority. corporation. asso-
ci:uion. linn lJr perSlJn with whom CONTR.-\CTO R has entered
into the Agreement ;lnd for whom the Work is to be provided.
Parrial Uri!i:arioll-Placing a portion of the WlJrk in service
for the purpose for which it is intended (or a related purpose 1
before reaching Substantial Completion for all the WlJrk.
Projecr- The totul construction of which the Work to be
provided under the Contmct Documents may be the whole.
or a part as indicuteu c:lsewhe:re in the: Contract Documents.
R.'sidenr PI'tljeer R,'prt',H'JI((/{il'e- The authorized reprc:sen-
rative of E:-IGIN EER who is assigm:d to the site or any part
the:reof.
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Ip Drawings-All drawings. diagrams. illustrations,
:hedules and other data which are specifically prepared by
Ir CONTR.A.crOR to illustrate some pornon of the Worle
all illustrations. brochures. standard schedules. perfor-
. ce charts. inStn.lctions. diagrams and other information
repared by a Supplier and sub mined by CONTRACTOR to
Itrate material or equipment for some portion of the Work.
oec[/icarions- Those portions of the Contract Documents
listing of written technical descriptions of materials.
pment. const..-uction systems. standards and workman-
as applied to the Work and certain administrative details
,plicable thereto.
"onrracror-An individual. firm or corporation having a
~ contract with CONTRACTOR or with any other Sub-
,"tractor for the perfonnance of a pan of the Work at the
J"""';a/ Comp/,rio_ Tb, W 0", (or' ,..cified p."'"=at)
~OgreSSed to the point where. in the opinion of ENGI-
as evidenced by ENGINEER's definitive certificate
ubscantial Completion. it is sufficiently complete, in
:cordance with the Contract Documents. so that the Work
'~ecified part) can be utilized for the purposes for which
intended; or if there be no such,certificate issued. when
payment is due in accordance with paragraph 14.13. The
rms "substantially complete" and "substantially com-
~.. as applied to any Worle refer to Substantial Comple-
.thereof.
ll~plem~nlary Candirions--The part of the Contract Docu-
t which amends or supplements these General Condi-
llier-A manufacturer. fabricator. supplier. distributor.
rialman or vendor.
ruier-grollnd Faciliries-All pipelines. conduits. ducts. cables.
E. manholes. vaults. tanks. tunnels or other such'facilities
chments. and any encasements containing such facil-
which have been inst.ailed underground to furnish any of
e fOllOWing services or materials; electricity, gases. steam.
[petroleum products. telephone or other communica-
. cable television. sewage and drainage removal. traffic
o er control systems or water. ,
IPrice Work-'-Work to be paid for on the basi~ of unit
s. ,
1'- ~e entire completed construction or the various sepo
Iy Identifiable pans thereof required to be furnished
, r the Contract Documents. Work is [he result of per-
rming services. furnishing labor and furnishing and incor-
Ifng materials and equipment into the constnJction. all
ruired by the Contract Documents.
"".k Dir~r:rive Chang~A wrinen directive to CONTRAC-
I', issued on or after the Effective Date of the Agreement
Igncd 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 periormed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
Directive Change may not change the Contract Price or the
Contract Time. but is evidence that the panies expect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect. if
any. on the Contract Price or Contract Tune as provided in
paragraph 10.1.
WriTren Am~ndm~n.{-A wrinen amendment of the Contract
Documents. signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and norm::illy deal-
ing with the nonengineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELTh1INARY MATTERS
D~liv~ry of Bonds:
1.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER. CONTRACTOR sball also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of DOCWTrelUS:
.,., OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the SupplementarY Con-
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished. upon request. at the cost of reproduction.
Commenc~mt!1U of Contnzct Time: Notice (() Proce~d:
2.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement. or. if
a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thirty days after the Effective Date of the Agree-
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
Starring Ure Project:
1.4. CONTRACTOR shall start to perform the Work on
the date when the Contract Time commences to run. but no
Work shall be done at the site prior to the date on which the
Contract Time commences to run.
B~fore Starring Construction:
1.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify pertinent tiguresshown
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thereon and all applicable tield 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 c1arifi.
cation from ENGINEER before proceeding with any Work
affected thereby: however. CONTRACTOR shall not be lia.
ble to OWNER or ENGINEER for failure to report any
conilict. error or discrepancy in the Contract Documents.
unless CONTRACTOR had actual knowledge thereofor should
reasonably have known thereof.
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~.6. Within ten days aft.:rrhe Effective Date of the Agree-
ment (unless otherwise specified in the General Require-,
ments). CONTRACTOR shall submit to ENGINEER for
review:
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~.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
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~.6.~. a preliminary schedule of Shop Drawing sub.
missions: and
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~.6.3. :l. preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress paYI:TlI:nts during construction. Such
prices will include an appropriate amount of ov.:rhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub-
mission.
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:2.7. Before any Work at the site is started. CONTRAC-
TOR shall 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 land
other evidence of insurance requested by CONTR.-\CTORJ
which OWNER is required to purchase and maintain in
accordClnce with paragr:lphs 5.6 and 5.7.
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Preconsrruction Conference:
2.3. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR starts th~ Work ;:lC
the site. a cone'erence attended by CONTRACTOR. ENGI-
NEER and \,It hers as :J.ppropri<ue will be held to discuss the
schedules rc:t'erred to in paragraph 2.6. to discuss procedures
for handling Shop Drawings and otht::r submittals ::Ind fIJr
processing Applications for Payment. and to establish a working
understanding among the panies as to tht:: Work.
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Finali:ing Schedules:
2.9. At IC:lst ten days before submission ofthc: nrst Appli-
cCltiun for P~\yment a conference attended by CONTRAC-
TOR. ENG IN EER anu others as appropriate will be hc:ld to
finalize the: ~.:h~dules submitted in uccr.m.lunce with purol-
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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 complc:tion within the Contract Time. but such
acceptance will neither impose on ENGINEER responsibility
for the progress or scheduling of the Work nor relieve CON-
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGINEER as to form and subStance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
Intent:
3.1. The Contract Documents comprise t~e entire agree-
ment between O'YVNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for bv one is as binding as if called for by all. The
Contract D~cuments will be construed in accordance with
the law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereot) to be con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
, the intended result will be supplied whether or not specifically
called for. When words which ,have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordClnce with
that meaning. Reference to standClrd specifications. manuals
or codes of any technical societv. organization or association.
orco the Law~ or Regulations o"fany governmental authority.
whether such reference be specific or by implication. shall
mean the latest standard specification. manual. code or Laws
or Regulations in etTect at the time of opening of Bids lor. on
the Effective Date of the Agreement if there were no Bids).
except as may be otherwise specifically stated. However. no
provision of any referenced standard specification. manual '
or code I whether or not specifically incorporated by reference
in the Contract Documents) shall be etTective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGINEER. or an\' of their consultants. agents or employ-
e~s from those set f~rth in the Contract Documents. nor shall
it be effective to "ssign to ENGINEER. or any of E~GI-
NEER's consultants. agents or' employees. any duty or
authoritv to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake n:sponsi.
bility contrary to the provisions of paragr:lph 9.15 IJr 9.16.
Cl:uifications and interpretations of [he Contract Documents
~hall be issued by ENG IN EER as provided in pClragraph 9.4.
3.3. If. during the pcrfllrmunce of the Work. CONTRAC-
TOR nnds a conflkc. ~rror or discrepClncy in the C oncrac[
Documents. CONTRA.CTOR shall so report to ENGINEER
in writinlZ at once ami befon: proceeding with the Work atTected
thereby -shall obtain u written interpretlltion or clarilication
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I ENGINEER: however. CONTRACTOR shall not be
able to OWNER or ENGINEER for failure to report any
~ict. error or discrepancy in the Contract Documents
.5S coN1itACTOR had actual knowledge thereof or should
:asonably have known thereof.
In.ding aruJ Supplemeruing C01llrrU:t Documents:
3.4. The Contract Documents may be amended to pro-
:1-' for additions. deletions. ~d revisions, in the Work or to
ify the terms and condlUons thereof In one or more of
. allowing ways:
13.4.1. a formal Wrinen Amendment.
3.4.2. a Change Order (pursuant to paragraph IDA).
or
1304.3. a Work Directive Change (pursuant to para-
graph 10.1).
ILdicated in paragraphs II.: and 11.1. Contract Price and
.-ract Time may only be changed by a Change Order or a
lrinen Amendment.
15. In addition. the requirements of the Contract Docu-
ts may be supplemented. and minor variations and devia-
,ons in the Work. may be authorized. in one or more of the
lwing ways:
3.5.1. a Field Order (pursuant to paragraph 9.5).
I 3.5.2. ENGINEER's approval of a Shop Drawing or
~ple (pursuant to paragraphs 6.26 and 6.:m. or
3.5.3. ENGINEER's wrinen interpretation or c1arifi-
ttion (pursuant to paragraph 9.4). ,
'.'ISt! of Documents:
16. Neither CONTRACTOR nor any Subcontractor or
"'lier or other person or organization perfonning or fur-
ishing an y of the Work under a direct or indirect contract
I O,WNER shall have or acquire any title to or ownership
ts In any of the Drawings. Specifications or other docu-
.. ts (or copies of any thereof) prepared by or bearing the
o<>! of ENGINEER: and they shaH not reuse any of them on
Insions of the Project or any other project without written
cnt of OWNER and ENGINEER and specific written
enncation or adaptation by ENGINEER.
-lCLE 4-A Y AILABILITY OF LANDS: PHYSICAL
CONDITIONS: REFERENCE POINTS
LilU, of lAnds:
A .1. OWNER shall furnish. as indicated in the Contract
~mcnts. the lands upon which the Work is to be per_ '
.cd. rights-of-way and casements for access thereto. and
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such other lands which are designa'ted for the use of CON-
TRACTOR. Easements for pennanent structures or penna-
nent changes in existing facilities will be obtained and paid
for by OWNER. unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furniShing these lands. rights-of-way or case-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in Article 11. CONTRACTOR shalL provide for all
additional lands and access thereto that may be required for
temporary constructior: facilities or storage of materials and
equipment.
Physical CorrdiJ:Wru:
4.2.1. Explorations and Repons: Reference is made
to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such reports. but not upon nontechnical data. interpreta-'
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6. CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site.
4.2.2. Exiscing Structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in ,the immediately preceding sentence and in
paragraph 4.:.6. CONTRACTOR shaH have, full respon-
sibility with respect [0 physical conditions in or relating
to such Structures.
4.2.3. Reporr of Differing Condirions: If CONTRAC.
TOR believes that:
,4.2.3.1. any technical data on which CONTRAC.
TOR is entitled to rely as provided in paragraphs 4.2.1
and 4.2.: is inaccurate. or
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4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated. reflected or referred to in the Contract Docu-
ments.
CONTRACTOR shall. promptly after becoming aware
the,reof and before performing any Work in connection
therewith (except in an emergency as permitted by para-
graph 6.21). notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
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1 ~.2.~. ENGINEER's R/!I'i~II': ENGINEER will
promptly review the pertinent conditions. determine the
necessity of obtaining additional e.'(plorations or tests with
I respect thereto and advise OWN ER in writing (with a copy
to CONTRACTOR> of ENGINEER's findings and con-
clusions.
I 4.1.5. Possible Document ChCln.r(e: If ENGINEER
concludes that chere is a material error in [he Contract
Documents or that because of newly di$covered condi-
1 tions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to reflect and document the
consequences of the inaccumcy or difference.
I 4.1.6. Possible Price (l1lI} Tillie Adjusrmellls: In each
such case. an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time. or any
Icombination thereof. will be allowable to the extent that
they are attributable to any such inaccuracy or difference.
IrOWNER and CONTRACTOR are unable to agree as to
I' the amount or length thereot'. a claim may be made therefor
as provided in Articles i I and 12.
ISical Condjo:ons-Clrderground Facilities: '
4.3.1. Sholl'nor IIrdicated: The ,information and data
shown or indic::ned in the Contract Documents with respect
Ita existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER
or ENGINEER by the owners of such Underground Facil-
ities or by others. Unless it is otherwise expressly pro-
IVided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
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4.3.1.:. CONTR.'\CTOR shall have full responsi-
bility for reviewing and checking al1 such information
I 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
I Facilities during construction. for the safety and pro-
tection thereof as provided in paragmph 6.10 and
repairing any damage thereto resulting from the Work.
the cost of all uf which will be considered as having
I been included in the Contract Price.
4.3.1, tVm S/rOIl'/! or 'mJiC'ured. If an Underground
. Facility is uncovered or revealed at or contiguous [0 the
ISite which was not shown lJr indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have bl:en expo::cted to be aware of. CONTRACTOR
IShnl.1. pr,omptly afto::r becoming awnre thereof und before
pertormmg any Wl)rk affecto::d thereby (except in an emer.
g~ncy as po::rmitteu t'ty parogmph 0.11). identify the owner
ot such U ndo::rgrounu Facility ::lnd give written notice thereof
.~ lhat owno::r and (~) OWNER and ENGINEER. ENGl-
... EER will promplly review the Untlerground Facility to
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determine the extent to which the Contmct Documents
should be modified to reflect and document the conse-'
quences of the e:~istence of tho:: Underground Facility. and
the Contract Documents will be amended or supplt:mented
to the extent necessary. During such time. CONTRAC-
TOR shall be responsible fnr 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'(iscence 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 parries are unable to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles II and 12.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in [he General
Requirements). shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written :lpproval of OWNER. CONTRAC-
, TOR shall report to ENGINEER whenever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shall be respon-
sible for the accurate replacement or relocation of such ref.
erence points by professionallY qualified personnel.
ARTICLE 5-BONDS AND INSURANCE
Performance and OtherBonds:
5,1. CONTR.~CTOR 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 paymo::nt of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in dIect at le::lst until one
year after the date when final payment becomes due; except
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-
[ions. All Bonds shall be in the forms prescribed by L::lw or
Reszulation or bv the Contmct Documents and be executed
bv -SUCh suretie~ as are named in tho:: current list of "Com-
p~nies Holding Certificates of Authority as Acceptable Sure-
ties on Federol Bonds and as Acceptable Reinsuring Com-
panies" as published in Circular 5iO (amended) by the Audit
Staff Bureau of Accounts. U.S. Treasury Department. All
Bonds signed by an agent must be accompanied by a certified
copy of the authority [0 act.
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5.1. [1' the ~uretr on any Bond furnished by CONTRAC-
TOR is declared a bankrupt ur becomes insolvent or its right
to do business is rerminatedin any state where any pnrt of
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the Project is located or it ceases to meet the requirements
of paragraph 5.1. CONTRACTOR shall within five days
I thereafter substitute another Bond and Surety, both of which
must be acceptable to OWNER.
I COM1't1.ClDrr Liabiliry Insurance:
5.3. CONTRACTOR shall purchase and maintain such
- comprehensive general liability and other insurance as is
I appropriate for the Work being pert'ormed and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
I 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
I anyone for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen' s compen.
I sation. disabilitY benefits and other similar employee ben.
efit acts;
I
5.3.2. Claims for damages because of bodily injury.
occupational sickness or disease. or death of CONTRAC-
TOR's employees;
I
5.3.3, Claims for damages because of bodily injury,
sickness or disease. or death of any person other than
CONTRACTOR's employees:
I
5.3.4. Claims for ciamages'insured by personal injury
liability coverage which are sustained (al by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR. or
(b) by any other person for any other reason:
I
5.3.5. Claims for damages. other than to the Work
itself. because of injury to or destruction of tangible prop-.
erty wherever located. including loss of use resulting
therefrom:
I
I
5.J.6. Claims arising out of operation of Laws or Reg.
ulations for damages because of bodily injury or death of
any person or for damage to property: and
I
5.3.i. Claims for damages because of bodily injury or
death of any person or property damage arising out of the.
ownership. maintenance or use of any motor vehicle.
~e insurance required by this paragraph 5.3 shall include
e specific coverages and be written for not less than the
irnits of liability and coverages provided in the Supplemen.
. t.ary Conditions. or required by law. whichever is greater.
IIrhe comprehensive general liability insurance shall include
aompleted opelfltions insurance. All of the policies of insur.
. ance so required to be purchased and maintained (or the
El'tifiCatcs or other evidence thereof) shall contain a provi.
ion or eridorscment that the coverage afforded will not be
celled, materially changed or renewal refused until at least
I
thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance shall
remain in effect until final payment and at all times thereafter
when CONTItACTOR may be com:cting. removing or
replacing def~r:riY~ Work in accordance with paragraph 13.12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two years after final payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
Cof'll1'aJ:tWzi LiabiIiry lruuranc8:
5.4. The comprehensive general liability insurance required
by paragraph 5.J will include contractual liability insurance
'applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
Ownerr l.iJ:JbiJiry Insuranc8:
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and, at
OWNER's option. may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents.
Propflrry. Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions. OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be prtr
vided in the Suppiemencary Conditions or required by Laws
and Regulations). This insurance shall include the interests
orOWNER. CONTRACTOR. SubcontraCtors. ENGL'lEER
and ENGL'lEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured parties. shall insure
against the perils of fire and extended coverage and shall
include "all riSK" insurance for physical loss and damage
including theft. vandalism and malicious mischief. collapse
and Water damage. and such other periJs as may be provided
in the Supplementary Conditions. and shall include damages.
losses and expenses arising OUt of or resulting from an y insured
loss or incurred in the repair or replacement of any insured
property (including but not limited to fees and cha~es of
engineers. architects. attorneys and other professionalsl. If
not covered under the "all risk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchase and maintain simila.r property insurance on portions
of the Work. stored on and ofT 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 consult:lnts in the Work. all of whom shall be
listed as insured or additional insured parties.
12
I
15.8. All the policies of insurance (or the certificates or
other evidence thereof) required to be purchased and main-
I'ned by OWNER in accordance with paragraphs 5.6 and
will contain a provision ,or endors:ment that the coverage
orded will not be cancelled or matenally changed or renewal
refused until at least thirty days' prior written notice has been
I' en to CONTRACTOR by certified mail and will contain
iver provisions in accordance with paragraph 5.11.2.
5.9. OWNER shall not be responsible for purchasing and
~ncaining any property insurance to protect the intert:slS
.CONTRACTOR. Subcontractors or others in the Work to
the extent of any deductible amounts that are provided in the
Ic:" pplemencary Conditions. The risk of loss within the
uctible amount. will be borne bv CONTRACTOR. Sub-
ntractor or others suffering any such loss and If any of them
wishes property insurance coverage within the limits of such
lounts. each may purchase and maintain it at the purchas-
s own expense.
5.10. If CONTRACTOR requests in Writing that other
(Cial insurance be included in the property insurance pol-
, OWNER shall. if possible. include such insurance. .and
t e cost thereofwiIl be charged to CONTRACTOR by appro-
"riate Change Order or Written Amendment. Prior to com-
Incement of the Work at the site, OWNER shall in writing
ise CONTR.-1.CTOR whether or noc such ocher insurance
has been procllred by OWNER.
iver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights
lagainst each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5. i and any
other property insurance applicable to the Work. and also
Iwaive all such rights against the Subcontractors. ENGI-
~EER. ENGINEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11. ~ach subcon-
Itract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
INEER's consultants and all otherpanies named:lS insureds.
None of the above w<livers shall e:uend to the rights that
any of the insured parties m<lY have to the proceeds of
insurance held by OWNER <lS trllstet: or otherwise pay-
lab~~ under any policy so issued.
:-.l I .2. OWN ER and CONTRACTOR intend that any
pulicit:s provided in response to ptlI'ugraphs 5.6 and 5.i
IShall protel.:t all of the parties insured '-lnd provide primury
covt:r.lge for all losses and d<lmages I.::l.used by the perils
CO\'ered therc:by. Accordingly. all such polides shall con.
tuin provisi0ns to the effect that in the event IJf p<lyment
tf any loss or u:lm:u!e tht: insurer will havt: no rilthts of
eCO\'ery against <ln~' of the parties named as insureds IJr
auuitional insureds. :Ind if the insurers require sc:parate
f,oaiVt:r forms [0 be signed by ENGINEER or ENGI-
. EER's cl1nsultant OWNER will ubtain the S<lme. and if
I
such waiver forms are required of any Subcontractor. '
CONTRACTOR will obtain the same.
Receipt and Application of Proceeds:
5.12. 'Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds. as their interests may appear, subject to the require-
ments of any applicable mortg<lge clause and of paragraph
5.13. OWNER shall deposit in a separate account any money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and [he Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have powereo adjust and
settJeany loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after'the
occurrence of loss to OWNER's exercise of this power. If
such objection be made. OWNER as trustee shall make set-
tlement with the insurers in <lccordance with such agreement
as the parties in interest may reach. If required in writing by
any party in interest. OWNER as trustee shall. upon the
occurrence of an insured loss. give bond for the proper per-
fonnance of such duties.
Accepumce of InSurance:
5.14. !fOWNER has any objection to the coverage afforded
by or ocher provisions of the insurance reqcired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5A on the basis of its not complying
with the Contract Documents, OWNER shall notify CON-
TRACTOR in writing thereof within ten days or the date of
delivery of such certilicates to OWNER in accordunce with
paragraph 2.7. [f CONTRACTOR has any objection to the
coverage afforded by or othcr provisions of thc policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their not. complying with the Contract Documents. CON-
TR.-\CTOR shall notify OWNER in writing thereof within ten
'days of the date of delivery of such certilic<ltes to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR sh<lll each provide to the other such addi-
tional information in respect of insurance provided by each
as the other may re~onnbly request. F:lilure by OWNER or
CONTRACTOR to give any"such notice of objection within
the time provided shall constitute acceptance of such insur-
ance purchased by the other as complying with the Contract
Documents.
Parti4i C:lili:arion-Proptrty In~urance:
5..15. If OWNER nnds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Comple-
tion of all the Work. such use or occupancy may be accom.
plisheu in <lcclJrd<lnce with paragraph 14.10: provided that no
13
I
!'h u.se 0' o',"p.n,y shell <ommenee befo," the insu",.,
I'" viding the propen:y insurance have acknowledged notice
reorand in writing eft'ectcrl the changes in coverage neces-
ted thereby. The insurers providing the property insur-
ance shall consent by endorsement on the policy or policies.
I the propen:y insurance shall not be cancelled or lapse on
ount of any such partial use or occupancy.
InCLE &-CONTRACTOR'S RESPONSIBILmES
lervuion and SUIHrinundence:
.1. CONTRACTOR shall supervise and direct the Work
:ompetently and efficiently. devoting such attention thereto
I" applying such skills and expenise as may be necessary ,
erform the Work in accordance with the Contract Doc-
ents, CONTRACTOR shall be SOlely responsible for the'
neans. methods. techniques. sequences and procedures of
IstruCtion. but CONTRACTOR shall not be responsible
the negligence of others in the design or selection of a
, cinc means. method. technique. sequence or procedure
)f construction which is indicated in and required by the
Itract Documents. CONTRACTOR shall be responsible
ee that the finished Work complies accurately with the
- traCt Documents.
11. CONTRACTOR shall keep on the Work at all times
'ng its progress a competent reSident supenntendent. who
hall not be replaced without written notice to OWNER and
"~GL~EER except under extraordinary circumstances. The
lrintendent will be CONTRACTOR's representative at
. site and shall have authority to act on behalf of CON-
"RACTOR. AU communications given to the superintendent
II be as binding as ifgiven to CONTRACTOR.
4hor. MazerUzls and Equipment:
13. CONTRACTOR shall provide competent. suitably
Ii tied personnel to survey and layout the Work and per-
Jnn construction as required by the Contract Documents.
"NTRACTOR shall at all times maintaIn good discipline
lord,er at the site. Except in connection with the safety or
ectlon of persons or the Work or property at the site or
jjacent thereto. and except as otherwise indicated in the
I' tract Documents. all Work at the site shall be perfonned
ng regular working hours. and CONTRACTOR will not
it overtime work or the performance of Work. on Sat-
-d,ay. Sunday or any legal holiday without OWNER's writ-
lonsent given after prior written notice to ENGINEER.
.4. Unless Otherwise specified in the General Require-
1tS. CONTRA,CTOR shall furnish and assume full rc:spon-
Ity for all materials. equipment. labor. transportation.
truction equipment and machinery. tools. appliances.
e1. POWer. light. heat. telephone. Water, sanitary facilities.
iOl<lry facilities and all other facilities and incidentals
sat')' for the furniShing. performance. testing. Start-up
ompletion of the Worle.
I
6.5. All materials and equipment shall be of good quality
and new. except as otherwise provided, in the Contract Doc-
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence (including reportS of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed. con-
nected. erected. used. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents: but no pro-
vision of any such instructions will be effective to assign to
ENGINEER. or any of ENGINEER's consultants. agents or
employees. any duty or authority to supervise or direct the
fUrnishing or perfonnance of the Work or any duty or author-
.ity to undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16.
Adjusting Progrr:ss Schedule:
6.6. CONTRACTOR shall submit 10 ENGINEER for
acceptance (to the extent indicated in paragraph 1.9) adjust.
ments in the progress schedule to reflect the impact thereon
of new developments: these win confonn generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Rcquirc:meilts applicable
thereto.
SubSlimus or "Or.Equ.ai" Items:
6.7.1. Whenever materials or equipment are specificrl
or described in the Contract Documents by using the name
of a proprietary item or the name of a partiCular Supplier
the naming of the item is intended to establish the tYpe.
function and quality required. Unless the name is followcrl
by words indicating that no substitution is permitted.
materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient infonnation is submitted by
CONTRACTOR to allow ENGINEER to detennine that
the material or equipment proposed is equivalent or equal
to that named. The procedun: for review by ENGrN,EER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be acceilted by ENGI-
NEER from anyone other than CONTRACTOR. IfCON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof.
certifying that the proposed substitute will perform ade-
quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that Spec-
iticrl. The application will state that the evaluation and
acceptance of the proposed substitute will nOl prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time. whether or not acceptance of the substitute
for. use in the Work will require a change in any of the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitu~e and whet?er
or not incorporation or use of the substitute in connection
with the Worle is subject to'payment of any license fee or
14
I
I rovaltv. All variations of the proposed substitute from that
sp~cifi'ed will be identifieu in the application and available
maintenance. repair and replacement service will be indi-
I cated. The application will also contain an itemized esti-
milte or all costs that witl result directly or indirectly from
acceptance of such substitute. including costs of redesign
I and claims of other contractors affected by the resulting
change. all of which shall be considered by E;-.IGINEER
in evaluating the proposed substitute. E;-.IGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
I.:xpense additional data about the propos.:d substitute.
.6. i.::!. If a specific means. method. technique. sequence
or procedure of construction is indicated in or required by
I the Contract Documents. CONTRACTOR mav t'umish or
utilize a substitute means. mo::thod. sequence. technique
or procedure of construction acceptable to ENGINEER,
I if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent [0 that indicated or required by the Contract
Documents. The procedure for review by E~GINEER
I will be similar to that orovided in paragraph 6. i. I as applied
by E;-.IGINEER and as may be supplemented in the Gen-
eral Requirements.
I 6.7.3. E~GINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. E:-.IGI-
NEER will be the sole judge of acceptability. and no
I substitute will be ordered. installed or utilized without
ENGINEER's prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRA.CTOR to fur-
l, 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 E:-.IGINEER's consultants in eva:uating substitutions
I proposed by CONTRACTOR dnd in making changes in
the Contract Documents occasioned thereby. \Vhether or
not E;-.IGINEER accepts a propose:d substitute. CON-
TRACTOR shall reimburse OWNER for the charges 0['
I ~NGIN EER and ENGINEER's consultants fIJr evaluat-
Ing ~ach proposed substitute.
Inceming Subcontracro~, Suppliers and Others:
0.8.1. CONTRACTOR shall not employ anr Subcon-
tractor. Supplier or other person or organization I including
Ithose ac:cept:lble tu OWNER and E:-.IGINEER as indi-
cated in paragraph 0.8.::!l. whether initially or as a ,substi-
tUte. against whom OWNER or ENGINEER may hav~
reasonllble objection. CONTRACTOR shall not be: required
Ita employ any Subcontractor. Supplier or other person ~lr
org::lniz:ltion 10 fumish or perform any of the Wurk against
whom CONTRACTOR has reasonable objeclilln.
I o.8.::!. If the Supplement:lry Conditions r~quire the:
identity of cel1ain Subcontrnctors. Suppliers llr other pe:r-
sons or ort::lnizations I includin2 those: who arc: to furnish
the princip-:11 items uf materials ~nd equipment! I\) be sub-
Imitteu to OWNER in advance of the specific:u uate prior
10 the EO'c:ctive Date: of the Agreement fur accr:ptance br
I
OWNER and ENGINEER :lnd if CONTRACTOR has .
submitted a list thereof in accordance with the Supple.
mentary Conditions. OWNER's or ENGINEER's accept-
ance I 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
CONTRACTO R shall submit an acceptable substitute. the
Cont~ct Price will be increased by the difference in the
COSt occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiver of any right of OWNER or ENGI-
NEER to reject dl!ff!('[il'f! Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions, Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor. Supplier or other person or
organization. nor shall it create any obligation on the pan of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subcontractor. Supplier or other
person or organization e;'(cept as may otherwise be required
by Laws and Regulations.
6. 10. The divisions and sections of the Specifications and
theidentitications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work [0 be performed by any
specific trade.
6.11. All Work pt:r1'onned for CONTRACTOR by a Sub-
contractor will be pursuant to :In appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable te~s and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by parngraph 5./1. CONTR.-\.CTOR shall pay
eo.ch Subcontractor u just share of any insur.lnce moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to par-.lgraphs 5.6 and 5.7.
Parent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and roy-
alties and :1ssume ull costs incident to the use in the perfor-
mance of the Wurk iJr the incorpor.ltion in the W\)rk iJf any
invention. uesign. process, product or devic<: which is the
subject of putent rights or copyrights helLl by IJthers. If 0.
purticular invention. design. process. prouuct ur device is
specified in [ho:: Cuntract Documents for use in the perfor-
mance of the: Work and if to the actual knowleuge of OWNER
15
I
I or ENG INEER its use is subject to patent rights or copyrights
calling for the payment of any license iee or royalty to others,
I the existence of such rights shall be di3closed by OWNER in
the ContraCt Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and ENGINEER and anyone
I directly or indirectly employed by either of them from and
against all claims. damages, losses and expenses (including
attorneys' fees and court and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
I the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process.
product or device not specified in the Contract Documents.
and shall defend all such claims in connection with any alleged
I infringement of such rights.
P e 17f'lia:
I 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-
I TRACTOR. when necessary. in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
I' which are applicable at the time of opening of Bids. orifthere
are no Bids on the Etfective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work. and OWNER shall pay all charges of
I' such utility owners for capital costs related thereto such as
plant investment fees. ,
I Laws and RegulaD.oru:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and perfonnance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations. neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
I any Laws or Regulations.
1
I
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 J.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 nor be CONTRACTOR's pri.
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
1
1
I Tuts:
I. 6.15. CONTRACTOR shall pay all sales. consumer. use
and o~her similar taxes required to be paid by CONTRAC.
TOR 10 accordance with the Laws and Regulations of the
1
place of the Project which are applicable during the perfor-
mance of the Work.
Use of Premises:
6.16. CONTRAcrOR shall confine constrUction equip-
ment. the storage of materials and equipment and the oper.
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations. rights-
of-way, permits and easements. and shall not unreasonably
encumber the premises with constrUction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any su'ch 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 E.'!I.lGINEER
by any such owner or occupant because of the performance
of the Work. CONTRACTOR shall promptly attempt to settle
with such other pany 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 claims. damages. losses and expenses (including, but not
limited to. fees of engineers. architects. attorneys and other
professionals and COUrt and arbitration costs) arising directly,
indirectly or consequentially out of any action. legal or equi-
table. brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work. CONTRACTOR
shall' keep the premises free from accumulations of waSte
materials. rubbish and other debris resulting from the Work.
At the completion of the Work CONTRACTOR shall remove
all waste materials. rubbish and debris from and about the
premises as well as all tools. appliances. construction equip-
menl and machinery. and surplus materials. and shall leave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all property not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor pennit any part
of any structure to'be loaded in any manner that will endanger
the structure. nor shall CONTRACTOR subject any pan of
the Work or adjacent property to stresses or pressures that
will endanger it.
Record Documenis:
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
Directive Changes. Field Orden and written interpretations
and clarifications (issued pursuant to paragraph 9.41 in good
order and annotated 10 show all changes made during con-
struction. These record documents togcther with all approved
samplcs and a counterpart of all approved Shop Drawings
will be available 10 ENGINEER for reference. Upon com-
16
I
'etiOn of the Work. these record documents. samples and
Shop Drnwings will be delivered to ENGINEER for OWNER.
I
Safery and Proteclion:
16.20. CONTRACTOR shall be responsible for initiating.
aintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
Ie all necessary precaution~ for the safety of. and. s.hall
ovide the necessary protection to prevent damage. Injury
1055 to:'
6.20.1. all employees on the Work and other persons
I and organizations who may be atfected thereb~':
6.20.2. all the Work and materials and equipment to
I be incorporated therein. whether in storage on or off the
site: and
6.20.3. other property at the site or adjacent thereto.
I including trees. shrubs. lawns. walks. pavements. road.
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
IONTRACTOR shall comply with all applicable .Laws and
~egulations of any pllblic body having jurisdiction for the
Eety of persons or property ono protect them from damage.
jury or loss: and shall erect and maintain all necessary
eguards for such safety and protection. CONTRAcrOR
c,hall notify owners of adjacent property and of Underground
.acilities and utility owners when prosecution ot' the Work
liar affect them. and shall cooperate with them in the pro-
tec tion. removal. relocation and replacement of their prop-
'n:y. .~1I damage. injury or loss to any property referred co
I par.lgraph 6.::0.2 or 6.::0,] c:lused. directly or indirectly.
whole or in part. by CONTRACTOR. any Subcontractor.
Supplier or :lnr other person or organization directly or indi-
I' ctly employed by any of them to perform or furnish any of
e \V ark or any'one for whose acts any of them m:ly' be liable.
all be remedied by CONTRACTOR (e:<cept damage or loss
:mributable to the fault of Dmwings or Specific:uions or to
f' e acts or omissions orOWNER or ENGINEER or anyone
ployed by either of them or anyone tor whose acts either
f them may be liable. and not attributable. dire\:tly or indi-
~ectly. in whole or in part. to the fault or negligen..:e of CON-
1R.-\CTORl. CONTRACTOR's duties and responsibilities
r the safety :'Ind protection of the Work shall continue until
such time: us all the Work is completed :lnd ENGI~EER has
>sued a notice to OWNER anJ CONTRACTOR in accord-
Ice: with .paragraph 1~.13 th~t th: Work is a~cePt:lble: te::<cept
othe:rwlsc: e.'<pressly provujeu In connection with Subs tan-
t~al Cumpletiunl.
10,: I. CONTRACTOR shull designate a respl1nsible rep-
sentativt: at the site whose Juty shall be the prr:\'entillO lIt'
"cciu<::nts. This persun shall he CONTRACTOR's superin-
Indt:nt unless utherwise uesignated in writinl; by CO:-;-
R..-\CTOR to OWNER.
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Emergerrci4s:
6.11. In emergencies affecting the safety or protection of
persons or the Work or property :lt the site or adjacent thereto.
CONTRACTOR. without special instruction or authorization
from ENGINEER or OWNER. is obligated to act to prevent
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice ifCONTRA.CTOR believes
that any significant changes in the Work or variations from
the Concmct Documencs have been caused thereby. IfENGI-
NEER determines that a change in the Contract Documents
is required because of the action taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to documenc the consequences of the changes or
variations.
Shop Drawings and Samples:
6.:!3. After checking and verifying all field me:lsurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drnwing submissions (see 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.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions will be identified
as ENGINEER may require. The dam 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 10 E:--lGINEER
for review and approval with such promptness as to cause
no delay in Work. all samples required by tbe Cuntmct Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR'
has satisfied CONTRACTOR's responsibilities under the
COntract Documents with respect to the review of the sub-
mission and will be identified cle:u-Iy as to material. S4pplier.
pertinent data such as catalog numbers and the use for which
intended.
6.:5.1. Before submission of e:lch Shop Drnwing or
sample CONTR.-\CTOR shall have determined and veri-
fied all quantities. dimensions. specified performance cri-
teria. installation requirements. materials. c:ltalog num-
bers :lnd similar uata with respect thereto and reviewed
or coordinated each Shop Drawing or sample with other
Shop Drawings and samples and with the requirements of
the Work and the Contract Documents.
6.:5.::. At the time l,r each submissiun. CONTRAC-
TOR shall give ENGINE ER s pel.: itic written notice ufeach
variatiun that the: Shop Drawing:; or samplc:s may have
from the requirements \.It' the CllOtrnct Documents. :lnd.
in addition. shull cause: a specilic notation [0 be made on
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I",ch Shop Drnw;n,submi",d to ENGINEER fo, "vi..,
~d approval of each such variation.
126. ENGINEER will review and approve with reason-
ble promptness Shop Drawings and samples. but ENGI-
rR'S review and approval will be only for confonnance
the design concept of the Project and for compliance
the information given in the Contract Documents and
1.3l1 nor extend tp means. methods. techniques. sequences
lrocedures of constrUction (except where a specific means.
od. technique, sequence or procedure of construction is
I lcated in or required by the Contract Documents) or to
'Fery precautions or programs incident thereto. The review
lapproval of a sep~te it~m as s~ch will ~ot indicate
oval of the assembly In whIch the Item functlons. CON-
RAcrOR shall make corrections required by ENGINEER.
I' shall return the required number of corrected copies of
Drawings and submit as required new samples for review
approval. CONTRACTOR shall direct specific attention
, writing to revisions other than the corrections called for
.NGINEER on previous submittals.
'27. ENGINEER's review and approval of Shop Draw-
,,~ or samples shall not relieve CONTRACTOR from
10nSibi!ity for any variation from the requirements of the
tract Documents unless CONTRACTOR has in writing
ed ENGINEER's attention to each such variation at the
-e of submission as required by paragraph 6.15.1 and
II:;INEER has given written approval of each such varia-
. by a specific written notation thereof incorporated in or
:companying the Shop Drawing or sample approval: nor
~ any approval by ENGINEER relieve CONTRACTOR
I responsibility for erro~ or omissions in the Shop Draw-
or from responsibility for having complied with the pro-
si,ons of paragraph 6.15.1.
IS. Where a Shop Drawing or sample is required by the
ifications. any related Work performed prior to ENGI-
J:;ER's review and approval of the pertinent submission will
Ie sole expense and responsibility of CONTRACTOR.
'rr-Muing lire Wark:
129. CONTRACTOR shall carry on the Work and adhere
e progress schedule during all disputes or disagreements
I OWNER. No Work shall be delayed or postponed pend-
treSOlution of any disputes or disagreements. except as
lttcd by paragraph 15.5 or as CONTRACTOR and
ER may otherwise agree in writing.
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ImnificaJion:
.30. To the fullest extent permitted by Laws and Regu-
">ns CONTRACTOR shall indemnify and hold hannless
INER and ENGINEER and their consultants. agents and
.!oyees from and against all claims, damages. losses and
:~enses. direct. indirect or consequential (includinsz but not
~. ed to fees and charges of engineers. architects. attorneys
other professionals and court and arbitration costs) ans-
ut of or resulting from the performance of the Work.
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provided that any such claim. damage. loss or expense (a) is
attributable to bodily injury. sickness. disease or death, orto
injury to or destrUction of tangible property (other than the
Work itselO including the loss of use resulting therefrom and
(b) is caused in whole or in pan by any negligent act or
omission of CONTRACTOR. any Subcontractor. any pe~on
or organization directly or indirectly employed by any of them
to perfonn or furnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in part by a party indemnified hereunder or arises
,by or is imposed by Law and Regulations reg:ardless of the
negligence of any such party.
6.3 \. In any and all claims against OWNER or ENGI-
NEER or any of their consultants. agents or employees, by
any employee of CONTRACTOR, any Subcontractor. any
pe~on or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose actS any of them may be liable, the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or type of damages.
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other pe~on or orpnization
under worke~' or workmen's compensation acts. disability
benefit acts or other employee benefit acts.
, 6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend to the liability of ENGINEER.
ENGINEER's consultants. agents or employees arising out
of the preparation or approval of maps. drawings. opinions,
reportS, surveys. Change Orders, designs or specifications.'
ARTICLE 7-OTHER WORK
Relaled Work al Sue:
i .1. OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces. have other work
performed by utility owners or let other direct contractS therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contract Documents. written notice thereof will be
given to CONTRACTOR prior to starting any such other
work: and. if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to agree
as to the extent thereof. CONTRACTOR may make a claim
therefor as provided in Anicles 11 and 12.
7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER. if OWNER is perfonning the additional wor1c with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work, and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting, fitting and patching of
the Worle that may be required to make its several partS come
together properly and integr:Lte with such other work. CON-
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lACTOR shall not endanger any work of others by cutting.
e,'(cavating or otherwise al.tering their work and will only cut
I alter their work with the written consent of ENGINEER
d 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
I the extent that there ar~ coo:par:able provisions for the
netit of CONTRACTOR In said direct contracts between
OWN ER and such utility owners and other contractors.
11.3. Cf 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
lall inspect and promptly report to ENGINEER in writing
y delays. defects or deficiencies in such work that render
it unavailable or unsuitab.le for such proper execution and
I-GSUlts. CONTRACTOR' s failure so to report will constitute
acceptance of the other work as fit and proper for integra-
n with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work.
IOrdimUion:
7 A, If OWNER contracts with others for the perfor-
.nce of other work on the Project at the site. the person or
.anization who will have authority and responsibility for
coordination of the activities among the various prime con-
--actors will be identified in the Supplementary Conditions.
Id the specific matters to be covered by such authority and
ponsibility will be itemized, and the extent of such author-
ity and responsibilities will be provided. in the Supplementary
1- nditions. Unless otherwise provided in the Supplementary
nditions. neither OWNER nor ENGINEER shall have anv
chority or responsibility in respect of such coordination.
ITICLE 8-QWNER'S RESPONSIBILITIES
If..!. OWNER shall issue all communications to CON-
~CTOR through ENGINEER.
8.~. In case of termination of the employment of ENGI.
lifER. OWNER shall appoint an engineer against whom
-='NTRACTOR makes no reasonable objection. whose sta-
tus under the Contract Documents shall be that of the former
I"IGINEER. .~ny dispute in connection with such appoint-
ne shall be subject to arbitr.ltion.
; 8.3. OWNER shall furnish the data required of OWNER
rer the Contract Documents promptly and shall make pay-
nes to CONTRACTOR promptly after they are due as
vided in paragraphs 14.4 and 14.13.
IA. OWNER's duties in respect of providing lands and
. ements and providing engineering surveys to establish
re erenc!,: points are set forth in paragmphs 4.1 and 4.4. Pal':l-
'ph 4.~ refers to OWNER's identifying and making avail-
Ie to CONTRACTOR copies of reports of explorations and
ts of subsur1'ace conuitions at the site and in existing struc.
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tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections. tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.10 and Ii.!. Paragraph 15.Z
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owner's Representative:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
representative during constructiun an: Sl:t furth in Lhe Cun-
tract Documents and shall not be extended without \vritten
consent of OWNER and ENGINEER.
Visits to Sue:
9.2. ENGINEER will make visits to the site :1.[ intervals
appropriate to the various stages of construction to observe
the progress and quality of the executed Work and to deter-
mine. in general. if the Work is proceeding in accord:ll1ce
with the Contract Documents. ENGINEER will not be required
to make exhaustive or continuous on-site inspections to check
,the quality or quantity of the Work. ENGINEER's efforts
will be directed toward providing for OWNER a grel!-ter degree
of confidence that the completed Work will conform 10 the
Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed ofthc: prog.
ress oflhe Work and will endeavorro guard OWNER against
defects and deficiencies in the Work.
Project Representarion:
9.3. If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties. responsibilities and limitations of authoritY of any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWN ER at the site
who is not ENGINEER's agent or employee. the Juties.
responsibilities and Iimit:1tions of authority of such other
pc:rson will be as provided in the Supplementary Conditions.
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= /JJ.rijic arUJns and I tUi!rprellJJiDns:
14. ENGINEER will issue with reasonable promprness
written clarifications or interpretations of the require-
nents of the Contract Documents (in the form of Drawings
'I" ocherwise) as ENGINEER may determine nec~sary, which
.1 be consistent with or reasonably inferable from the
~I intent of the Contract Documents. If CONTRACTOR
elieves that a written clarification or interpretation justifies
'"ncrease in the COntract Price or an extension of the
tract Time and the parties are unable to agree to the
unt or extent thereof. CONTRACTOR may make a claim
1erefor as provided in Aniele I] or An:icle 12.
IOriud Var.JUions in Work:
9.5. ENGINEER may authorize minor variations in the
~ from the requirements of the Contract Documents which
.ot involve an adjustment in the Contract Price or the
:oncract Time and are consistent with the overall intent of
le Contract Documents. These may be accomplished by a
. Order and will be. binding on OWNER. and also on
I-iTRACTOR who shall perform the Work involved
romptiy. If CONTRACTOR believes that a Field Order
E."ties an increase in the Contract Price or an extension of
ontract Time and the parties are unable to agree as to
ount or extent thereof. CONTRACTOR may make a
.aim therefor as provided in Article 1] or 12.
Lg Defective Work:
9.6. ENGINEER will have authority to disapprove or
It Work which ENGINEER believes to be defective, and
Lso have authority to require special inspection orcesting
: e Work as provided in paragraph 13.9. whether or not
Ie Work is fabriCltcd. installed or completed.
I Drawings. CJuznge OrrU1"$ aJUi PaymentS:
-tQ i. In connection with ENGINEER's resi'onsibility fol"
Drawmgs and samples. see paragraphs 6.23 through
inclusive. '
K' In connection with ENGINEER's responsibilities ~
Ihange Ol'ders. see Articles 10. 11 and I:!.
9.9. In connection with ENGINEER's responsibilities in
fct of Applications for Payment. etc.. see Anicle 14.
~Uf'r7li1l4lions for UniI. Prices:
10. ENGINEER will determine the actual quantities
classifications of Unit Price Work performed by CON-
CTOR. ENGINEER will review with CONTRACTOR
l"'"'INEER'S preliminary determinations on such matters
e rendering a written decision thereon (by recommen-
n of an Application for Payment or otherwisel. ENGI-
EER's written decisions thereon will be final and binding
I OWNER and CONTRACTOR. unless. within ten days
the date 0: any such decision. either OWNER or CON-
. CTOR dehvers to the other pan:y to the Agreement and
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to ENGINEER written notice of intention to appeal from
such a decision.
Decwns on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requiremeDts of the Contract Documents and judge of tile
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
pen:aining 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 maner will be delivered
by the claimant to ENGINEER and the other party to the
Agreement promptly (bUt in no event later than thirty days)
after the occurrence of the event giving rise thereto. and
written supporting data will be submitted to ENGINEER and
the other pany within sixty days after such occurrence unless
ENGL'\lEER allows an additional period of time to ascertain
more accurate data in suppon: of the claim.
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9.12. When functioning as interpreter and judge under
paragraphs 9.10 and 9.11. ENGINEER will not show par-
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
good faith in such capacity. The rendering of a decision by
ENGINEER pursuant to paragraphs 9.]0 and 9.] 1 with respect
to any such claim. dispute or other matter (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14. ]6) will be a condition
precedent to any e:<ercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise ha ve under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or other matter.
Limiuu:ions on ENGINEER's ResponsibiliJies:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith eitherco exercise
or not exercise such authority shall give: rise to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor. any Supplier, or any other person or organization
performing any of the Work. ono any surety for any of them.
9.14. Whenever in the Contract Documents the terms "as
ordered.....as directed", "as required", "as allowed", "as
approved" or terms of like effect or impon: are used. or the
adjettives "l'C:1Sonable", .. suitable", " acceptable". ,. proper"
or "satisfactory" or adjectives of like effect or import are
used to describe a requirement. direction. review or judgment
of ENGINEER as to the Work. it is intended that such
requirement. direction, review or judgment will be solely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wisel. The use of any such term or adjective shall not be
20
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lectiVe to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performa~c7?f the Work
lany duty or authority to undertake responsibility contrary
the provisions of paragraph 9.15 or 9.16.
9.15. ENGINEER will not be responsible for CON.
.CTOR's means. methods, techniques. sequences or pro-
.ures of construction. or the safety prec.autions and pro-
~rams incident thereto, and ENGINEER Will not be r~spon'
:~e for CONTRACT~R's failure to perform or furnish the
Irk in accordance with the Contract Documents.
9. 16. ENGINEER will not be responsible for the acts or
issions of CONTRACTOR or of any Subcontractor. any
.~Iier. or of any other person or organization performing
Jlfurnishing any of the Work.
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~ RTICLE IO-CHANGES IN THE WORK
10.1. Without invalidating the Agreemem and without notice
o any surety. OWNER may. at any time or from time to
I. order additions. deletions or revisions in the Work:
e will be authorized by a Written Amendment. a Change
raer. or a Work Directive Change. Upon receipt of any such
I~~ument. CONTRACTOR shall promptly proceed with the
Irk involved which will be performed under the applica~le
ditions of the Contmct Documents (except as otherwise
pecifically provided).
1.1. If OWNER and CONTRACTOR are unable to agree
o the extent. if any. of an increase or decrease in the
:omract Price or an extension or shortening of the Contmct
_' e that should be allowed as a result of a Work Directive
nge. a claim may be made therefor as provided in Article
r Article 12.
10.3. CONTRACTOR shall not, be entitled to an incre.ase
he Contmct Price or an e:uenslon of the Contmct Time
lith respect to any Work pert'ormed that is not required by
, Contmct Documents as amended. modified and supple,
Ited as provided in paragraphs 3.4 and 3.5. except in the
of an emergency as provided in paragraph 6.11 ::lOd
xcept in the C:lse of uncovering Work as provided in par.l-
(h 13.9.
.~. OWNER and CONTRACTOR shall execute appro-
"ute Change Orders lor Written Amendments) covering:
110....1. changes in the Work which are ordered by
OWN ER pursuant to paragraph 10.1. are required becau$~
II t" acCeptiln~e of Jt!fl!C'/i\'t! Wurk under paragrnph lJ.lJ IJr
orrecting ,h~r/!ctil'f! Work under pamgraph 13.1-l.. or arc:
grc:ed to by the parties:
IIO..+.~. changes in [he Contract Price or CIJntmct Time:
hich are agreed to by the punies: anll
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10.4.3. chll!lges in the Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENG INEER pursuant to paragraph 9.11:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations. but during any such appeal. CON.
TRACTOR shall carry on the Work and adhere to the prog.
ress schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to. Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notice will be CONTRAC-
TOR's responsibility. and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE Il-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the tocal compen-
sation (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties. responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENG INEER promptly (but in no event later than
thinv davs) after the occurrence of the event giving rise to
the ~I::urn" and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence I unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant' 5 written statement that the amount
claimed covers all known amounts (direct. indirect and con-
sequentiall 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 CONTRACT~R
Cilnnot otherwise allree' on the amount involved. No claim
for an adjustment i~ the Contract Pric~ will be valid if not
submitted in accordance with this paragraph 11.1.
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Cuntract
Price sh~lI be determined in one of the following ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the C\Jntract Documents. by, applica-
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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11.3.2. By muruaJ acceptance of a lump sum (which
may indude an allowance for overhead and profit nOt
necessarily in accordance with paragraph 11.6.2.1).
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11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as provided in paragraphs 11.6 and 11.7).
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Cost of tiu Work:
11.4. The tenn Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper perfonnance of the Work. Except as otherwise
may be agreed to in writing by OWNER. such costs shall be
in amounts no higher than those prevailing in the localitY of
the Project. shall include only the following items and shall
nOt include any o( the costs itemized in paragraph 11:5:
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I 1.4 .1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll costs
shall include. but not be limited to. salaries and wages
plus the cost of fringe benefits which shall include social
security conaibutions. unemployment. excise and payroll
taxes. workers' or workmen's compensation. health and
retirement benefits, bonuses. sick leave. vacation and bol-.
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours. on Satur-
day, Sundar or legal bolidays. 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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11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors.
If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine, with the advice ofE.'lo,jGINEER. which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee. the Subcontractor's Cost of the Worle
shall be detennined in the same manner as CONTRAC-
TOR's COSt of the Work.. All subcontracts shall be subject
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to the other provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
limited to en~neers. architects. testing lacoratories. sur-
veyors. attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. SupplemencaJ COStS including the following:
11.4.5.1. The proportion of necessary transporta-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.1. Cost. inclUding transportation and main-
tenance. of all materials. supplies. equipment. machin-
ery, appliances. office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the W orle. and cost
less market value of such items used but not consumed
which remain the property of CONTRACTOR.
11.4.5.3. Reneals ofall constrUction equipment and
machinery and the pans thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER, and the costs of transportation. loading,
unloading. installation. dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The reneal of any such equipment. machin-
ery or partS shall cease when the use thereof is no longer
necessary for the Work.
11.4.5.4. Sales. consumer. use or similar taXes
related to the Worle. and for which CONTRACTOR is
liable. imposed by Laws aild Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTR.A.CTOR. any Subcontractor or any-
one directly or indirectly employed by any of them or
for whose acts any of them may be liable. and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses. and damages (and related
expensesl. not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the
deductible amounts of property insurance established
by OWNER in accordance with paragraph 5.91. pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR. any Subcontractor. or
anyone directly or indirectly employed by any of them .
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses,
datnaies and e:cpenses shall be included in the Cost of
the Worle for the purpose of detennining 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 ~hall be paid for
services a fee proportionate to that stated in parograph
11.6.2.
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1104.5.7. The cost of utilities. fuc:1 and sanitary
facilitje:s at the: site.
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II 04.5.8. ~linor e.'(penses such as telegrams, long
distance telephone c:llls. telephone service at the site.
expressage and similar petty cash items in conn~ction
with the Wurk.
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1104.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for property insurance cover.lge within
the limits of the deuuctible amounts established by
OWNER in accordance with paragraph 5.9.
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11.5. The term Cost of the Work shall not include any of
the following:
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11.5.1. Payroll COSts and other compensation or CON.
TR.-\CTOR's officers. executives. principals lar pllrtner.
ship and sole proprietorships). general managers. engi.
neers. architects. estimators. attorneys. auditors. accoun-
tants. purchasing and contracting agents. expeditors.
timekeepers. clerks and other personnel emcloved b\'
CONTRACTOR .....hethe.. 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 aszreed
upon schedule of job classifications referred to in para.
graph 11.4. I or specifically covered by paragraph 11.4.4-
all of which are to be considered administrative cOSts
covered by the CONTRACTOR's Fee.
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11.5.2. Expenses "r CONTRACTOR's principal and
branch offices other than CONTRACTOR's \.It1ice :It the
site.
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11.5.J. .,l..ny pan: ofCONTRACTOR's capital e:'(penses.
including interest on CONTR.~CTOR'S capital emploved
for the Wurk and charges against CONTRACTOR'fur
delinquent payments.
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11.5.4. Cost or premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the COnlr.lct Documents to purchase and maintain the:
sume (e.xce:pt for the cost of premiums coven:d by sub.
parngrnph II .4.5.9 a~oveJ.
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11.5.5. C0Sts due to the negligence of CONTRAC.
TOR. any Subcontr.l..:tor. or anyone lIirectlv or indirect!\'
employed by any of l;,~m or fo'r who~e act~ :In\' of then,
may b~ liahlc:, ir...:JoJdin!; but not limiteu to. the ~orrection
of J~/('C,.il, ,,' 'urk. JiSpOSill lIt' mat~ri:lls or equipment
wrongly :\u, ,01 i~. ~ '"'laking goou any damage to prop.
erty.
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11.5.0. Other o"erhe:ld or generol expense costs oi
any kind :lnU the CllstS \.If any item not specirically and
expressly indul.lel.l in puragmph 11.4.
CONTRACTOR's Fu:
11.6. The CONTRACTOR's Fee allowed to CONTRAC.
TOR for overhead and protit shall be determined as follows:
11.6.1. a mutually acceptable tixed fee: or if none can
be agreed upon.
11.6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs II A. (
and 11.4.:. the CONTRACTOR's Fe:e shall be fifteen
percent:
11.6.:.:. for costs incurred under paragraph 11.4.3.
the CONTRACTOR's Fee shall be five percent: and if
a subcontrocl is on the basis of Cost of the Work Plus
a Fee. the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
11.6.2.3. no fee shall be payable on the basis of
COStS itemized untier paragraphs 11.404. 11..+.5 and II j:
11.6.2.~. the amount of credit to be allowed bv
CONTRACTOR to OWNER for any such change '....hich
results in a net decrease in cost will be the amount of
theactuw net decrease plus a deduction in CONTRAC-
TOR's Fee by a'1 amount equal to ten percent of the
net decrease: and
11.6.2.5. when both additions and credits are
involved in any one change. the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the
net 'change in accordance with parogrophs 11.6.2.1
through 11.6.:"+. inclusiv~.
11,7. Whenever the cost of any Work is to be determined
pursuant to paragraph II A or 11.5. CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and $hall ..:ause the Work so covered to be done
by such Subcontroctors or Suppliers and for such sums within
the limit oi the allowances as may be acceptable to ENGI-
NEER. CONTRACTOR agrees that:
1(.8.1. The allowances include the cost to CON-
TRACTOR (less any applicable trade discounts) of mate.
rials and equipment required by the allowances to be deliv-
ered llt [he site. and all applicable taxes: and
11.8.~. CONTRACTOR's com for unloading and
handling un the site. labor. installution costs. overhead.
profit and other e.'(pens~~ contemplated for the allowances
have been included in the Contract Price and not in the
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allowances. No demand for additional payment on account
of any thereof will be valid.
Prior to final payment. an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
I amounts due CONTRACTOR on account of Work covered
by allowances. and the Contract Price shall be correspond-
ingly adjusted.
I Unit Price Work:
11.9.1. Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work. initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of Unit Price
Work times the estimated quantity of each item as indi-
cated in the Agreement. The estimated quantities of items
of Unit Price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
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11.9.1. Each unit price will be deemed ,to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sep-
arately identified item.
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11.9.3. Where the quantity of any item of Unit Price
Work perfonned by CONTRACTOR differs materially
and significantly from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TR..o\CTOR may make a claim for an increase in the Con-
tract Price in accordance with Article II if the parties are
unable to agree as to the amount of any such increase.
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I ARTICLE 12~HANGE OF CONTRACT TIME
11.1. The Contract Tune may only be changed by a Change
I Order or a Written Amendment. Any claim for an extension
or shortening of the Contract Time shall be based on written
notice delivered by the party making the claim [0 the other
party and to ENGINEER promptly (but in no event later than
I thirty dayS) after the occurrence of the eVent giving rise to
the claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
I ereel within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in support of the c1aiml and shall be accom-
panied by the claimant's written statement that the adjust-
I ment claimed is the entire adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said eVent. All claims for adjustment in the Contract Time
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shall be determined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment in the Contnct Time will
be valid if not submitted in accordance with the requirements
of this paragraph 12.1.
12.2. The Contract Tl!I1e will be extended i~ an amount
equal to time lost due to delays beyond the concrol of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include. but not be limited to,
acts or neglect by OWNER or others performing additional
work as contemplated by Article 7, or to fires. floods. labor
disputes. epidemics, abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this
Anicle 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers. architectS.
anorneys and other professionals and court and arbitration
costs) for delay by either party.
ARTICLE 13-WARRANTY AND GUARANTEE;'
TESTS AND INSPECTIONS:
CORREctiON, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
WIU'TlUUJ' and Guarrznue:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be defective.
Prompt notice of all defectS shall be given to CONTRAC-
TOR. All defective Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13.
Act:e;U to Work:
D.2. ENGINEER and ENGINEER's representatives.
either representatives of OWNER. testing agencies and gov-
ernmental agencies with jurisdictional interests will have access
to the Work at reasonable times for their observation. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
Tem and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for all required inspections. tests or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereof) [0 specifically
be inspected. tested or approved. CONTRACTOR shall
assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required certificates
of inspection. testing or approval. CONTRACTOR shall also
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be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN-
ER's or ENGINEER's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work. or of
materials or equipment submitted for approval prior to CON-
TRACTOR's purchase thereof for incorporation in the Work.
I The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract Documents
. shall be paid by OWNER (unless otherwise specifiedl.
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13.5. All inspections. tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
to OW~ER and CONTRACTOR (or by ENGIl'<'EER if so
specified).
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13.6, If any Work (including the work of others) that is
to be inspected. tested or approved is covered without written
concurrence of ENG INEER. it must. if requested by ENGI-
NEER. be uncovered for observation. Such uncovering shall
be at CONTRACTOR's expense unless CONTR.,CTORhas
given ENGINEER timely notice ofCONTRACTOR's inten-
tion to cover the same and E>lGINEER has not acted with
reasonable promptness in response to such notice.
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13. i. Neither observations by ENGINEER nor inspec-
tions. tests or approvals by others shall relieve CONTRAC"
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
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I Uncovering Work:
L~.8. lfany \Vork is covered contrary to the written request
I of ENGINEER. it must. if requested by ENGI>iEER. be
uncovered for E>lGI:'-IEER's observation and reolaced :It
,CONTRACToR's expense. .
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13.9. If ENGINEER considers it necessarv or advisable
that covered Work be observed by ENGINEER or inspected
or tested by Qthers. CONTRACTOR. at ENGI:'-IEER's
reque'st. shall uncover. e.,<;pose or otherwise make available
for observation. inspection ~r resting as 'ENGI~EER ma\'
require. that portion of the Work in question, furniShing :lit
necessary labor. material and equipment. If it is found that
such \Vork is Ut'Jt!Cril'L', CONTRACTOR shall bear all direct.
indirect and consequential costS of such uncovering. expo-
sure. observath.>n. inspection and testing :lnd of ~atisfactor\'
reconstruction. (including but not limited to fees :lnd charg:e~
of engineer~. architects. attorneys and other professionals).
and OWN ER shall b.: e:ntitled to an appropriate decrease in
the C ontr:lct Price. anti. if [he parties are unable to agree as
~o the: amuuntthereof. may make a c:Iuim therefor:1:1 provided
In Article II, If. ho\\ e:ver. such Wurk is not f\'und to c-e
ue,f,'('ril'('. CO:-':TR.-\CTOR ,hull be: alluwed an increase in
the: C 1.1ntr.lct Prtl,l" : r ..i\ .; \ i..:nsiun of the: Contr.l.:t Time. ~lr
both. tlirectly ;mril'utable lu :luch uncoverin~. .::xposure.
obser\'atilln. inspl:ctiun. testing and reconstructk'n: and, if
the: P;lrties are: unuble: (0 ayree: as tu the amount ur extent
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thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles II and 12.
Ol+1nl!r May Stop the Work:
13,10. If the Work is defecril'e, or CONTR.A.CTOR fails
to supply sufficient skilled workers or suimble materials or
equipment. or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents. OWNER may order CONTRACTOR to s~op the
Work. or any portion thereof. until the cause for such order
has been eliminated: however:, this right of OWN ER to stop
the Work shall not give rise to any duty on the part of OWNER
[0 exercise this right for the benefit of CONTRACTOR or
any other party.
Correction or Removal of Defective Work:
13.1 I. Ifrequired by ENGINEER. CONTRACTOR shall
promptly, as directed. either correct aU defectil'e Work.
whether or not fabricated. installed or completed. or. if the
Work has been rejected by ENGINEER, remove it from the
site and replace it with nondefecri\'e Work. CONTRACTOR
shall bear all direct. indirecr and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers. architects. attorneys, and other profes-
sionals) made necessary thereby.
One Year Correction Peril:Jd:
13.12. If within one yellr after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents, any.
Work is found to be defecri\'e. CONTR.~CTOR shall promptly.
without cost to OWNER and in accordance with OWNER;s
written instructions. either correct such defer:ril'e Work. or.
if it has been rejected by OWNER. remove it from the site
and replllce it with lIondefer:tive 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('ril'e Work cor-
rected or the rejected Work removed and replaced. and all
direct. indirect and consequentilll costs of such removlll and
replacement fincluding but not limited to fees and charges of
engineers. architects. attorneys and other professionals) will
be paid by CONTRACTOR. In special circumstances where
a particular item of equipment is placed in continuous service
before Substantial Completion of all the Work. the correction
period for that item may start to run from an earlier date if
so provided in the Specifications or by Written Amendment.
Acceptance of Defective Work:
D.13. If. instead of requiring correction or removal and
replacement of ,h/I!('r;,'<' Work. OWN ER I :lnd. prior to
ENGINEER's recommenuution of final puyment. also
ENGINEERI prefers [0 accept it. OWNER may do so. CON-
TRACTOR shull beur all Jirect. indirect and consequ.:ntial
15
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losts attributable to OWNER's evaluation of and determi-
arion to accept such defective Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
I limited to fees and charges ,of engineers, architects. attor-
ys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment, ~
Ihange Order will be issued incorpor:ating the necessary revI-
ons in the Contract Documents With respect to the Work;
d OWNER shall be entitled to an appropriate decrease in
the Contract Price, and. if the panies are unable to agree as
I the amount thereof, OWNER may make a claim therefor
provided in Anicle 11. If th~ acceptance oc~urs afte~ such
recommendation, an appropnate amount will be paid by
.ONTRACTOR to OWNER.
OWNER May Correct Defective Work:
113.14. If CONTRACTOR fails within a reasonable time
ter written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
fork as required by ENGINEER in accordance with para-
aph 13.11. or if CONTRACTOR fails to perform the Worle
accordance with the Contract Documents. or if CON-
TRACTOR fails to comply with any other provision of the
lonmct Documents, OWNER may, after seven days' writ-
n notice to CONTRACTOR. correct and remedy any such
deficiency. In exercising the rights and remedies under this
~aragraPh OWNER shall proceed expeditiously. To the extent
ecessary to complete corrective and remedial action. OWNER
ay exclude CO NTRACTOR from all or pan of the site, take
possession of all or part of the Work, and suspend CON-
I~RACTOR'S' services related thereto. take possession of
ONTRACTOR's tools, appliances, construction equipment
d machinery at the site and incorporate in the Worle all
materials and equipment stored at the site or for which OWNER
las paid CONTRACTOR but which are stored elsewhere.
ONTRACTOR shall allow OWNER. OWNER's represen-
tatives. agents and employees such access to the site as may
',e necessary to enable OWNER to exercise the rights and
lemedies under this paragraph. All direct. indirect and con-
equential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
(proved as to reasonableness by ENGINEER. and a Change
rder will be issued incorporating the necessary revisions in
e Contract Documents with respect to the Work: and
0WNER shall be entitled to an appropriate decrease in the
lontract Price, and. if the parties are unable to agree as to
e amOunt thereof. OWNER may make a claim therefor as
provided in Anicle II. Such direct, indirect and consequen-
ial costs will include but not be limited to fees and charges
If engineers, architects. attorneys and other professionals,
I coun and arbitration costs and all costs of repair and
replacement of work of others destroyed or damaged by
IITeCtion, removal or replacement of CONTRACTOR's
iecrive Work. CONTRACTOR shall not be allowed an
tension of the Contract Time because of any delay in per-
'"'Jrmance of the Worle attributable to the exercise by OWNER
r OWNER's rights and remedies hereunder.
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ARTICLE 14-PA YMENTS TO CONTRACTOR AND
COMPLETION
Schedule ofVahles:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for progress payments
and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER. Progress payments on
account of Unit Price Work will be based on the number of
units completed.
AppiKation for Prognss Paymelll:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supponing documentation as is
required by the Contract Documents. If payment is requested
on the basis of materials and equipment not incorporated in
the Work but delivered and suitably stored at the site or at
another location agreed to in writing, the Application for
Payment shall also be accompanied by a bill of sale. invoice
or other documentation warranting that OWl':lER has received .
the materials and equipment free and clear of all liens. charges.
security interests and enCumbrances (which are hereinafter
in these General Conditions referred to as "Liens") and
evidence that the materials and equipment are covered by
appropriate propeny insurance and other arrangements to
protect OWNER's interest therein. all of which will be sat-
isfactory to OWNER. The amount of. retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Wan-anty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work. materials and equipment covered by any Appli-
cation for Payment. whether incorporated in the Project or
not, will pass to OWl':lER no later than the time of payment
free and clear of all Liens.
Review of ApplicJJti.ons for Prognss Paymeru:
14.4. ENGINEER will. within ten days after receipt of
each Application for Payment. either indicate in writing a
recommendation of payment and present the Application to
OWNER, or return the Application to CONTRACTOR indi-
cating in writing ENGINEER's reasons for refusing to rec-
ommend payment. In the latter case, CONTRACTOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation. the amount rec-
ommended will (subject to the provisions of the last sentence
of p~ph 14.7) become due and when due will be paid by
OWNER to CONTRACTOR. (In accordance with
the Georgia Prompt Pay Act )
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
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lepresenClltiOn by ENGlNEER to OWNER. based on ENGl-
N EER's on.sice observations of che Work in progress :lS an
f:,:perienCed and qualified design profession:ll :lnd on ENGl-
EER's review of the Applicalion for P<lymenc and che
ccompanying d:lc:J. and schedules thac che Work has pro-
gressed co the point indicated: lhac. to the best of ENGI-
f EER's knowledge. information and belief. the quality of
he Work is in accordance with che Contract Documen[s
subjecl to an evaluation of the Work as :l functioning whole
prior to or upon Substanlial Completion. to the results of any
IUbsequenc lests called for in the Contract Documents. [0 a
n<ll determination of quantities and classifications for Unit
Price Work under pamgraph 9.10. <lnd to <lny other qua/ifi-
Ir-ations stated in the recommendation): and that CONTRAC-
OR is entitled to payment of the :lmount recommended.
owever. by recommending any such p<lyment ENGINEER
will not thereby be deemed to have represented that exhaus-
I've or continuous on-site inspections have been made [0
heck the quality or the quantity of the Work beyond the
sponsibilities specilic<llly assigned to ENGINEER in the
~ontract Documents or that there may not be other matters
'r issues between the parties that might entitle CONTRAC-
OR to be paid additionally by OWNER or OWNER to
ithhold payment to CONTRACTOR.
114.6. ENGINE;ER's recommendation of fin<l[ payment
ill constitute an additional representation by ENGINEER
to OWNER that the conditions precedent to CONTRAC-
IrOR's being entitled to final payment as set forth in paragraph
.13 have been fulfilled.
14.7. ENGINEER may refuse to recommend the whole
I any part of any payment'if. in ENGINEER's opinion. it
ould be incorrect to make such representations to OWNER.
NGINEER may also refuse to recommend any such pay-
"!lent, or. because of subsequently discovered evidence or
Ie results of subsequent inspections ortests. nullify any such
yment previously recommended. to such e:<.tent as may be
necessary in ENGINEER's opinion to protect OWNER from
:lSS because:
I l~. 7.1. the Work is defecri\'e, or completed Work has
been damage~ requiring correction or replacement.
I 14.7.:. the Cuntract Price has been reduced by Writ-
ten Amendment or Ch<lnge Order.
I 14. i.J. OWN ER h<ls been required to correct defe,'-
til'e Work orcomplete Work in accord<lnce with pamgmph
13.14. or
I 14.7A. or ENGINEER's actual knowlc:dt!e of [he
occurrence of any or [he eVents enumemted in p:lIu.graphs
15.2.1 through 15.2.9inc1usive.
tN E R may refuse to make p:lymenr of the full amount
ommendeu bv ENGINEER because claims have been
lT1<lde :1guinSl O\VN ER on :lccuunt of CONTRACTOR's per-
Imo.nce or fumishin!! uf the Work or Liens have been filed
l;onnection with (he Work or there are other items entitling
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OWN ER to a set-off against the amounr 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 [he entire Work is
substantially complete (except for item~ specifically listed by
CONTRACTOR as incomplete) <l!1C request that ENGI-
NEER issue ex certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENGIN EER shall make an inspection of the Work to deter-
mine the status of completion, If ENGIN EER does not con-
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete.
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
'certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If. after considering such objec.
tions. ENGINEER concludes that the Work is not substan-
tially complete. ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing. stating the reasons therefor. If.
after consideration of OWNER's objections. ENGINEER
considers the Work substantially complete. ENGINEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a definitive cenificate of Substantial
Completion (with a revised tentative list of items to be com-
pleted urcorrected) renecting such changes from the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWN ER. At [he time of delivery
of [he tentative certificate of Substar.tiaJ Completion ENG 1_
NEER will deliver to OWNER and CONTRACTOR a written
recommendation as to division of responsibilities pending
final payment between OWNER and CONTRACTOR with
respect to securi ty. uperation. safety. maintenance. heat.
utilities. insurance and warranties. linless OWNER:lnd
CONTRACTOR agree otherwise in writing ::md so inform
ENGINEER prior to ENGINEER's issuing the: definitive
certific:lte of Substantial Completion. ENGINEER's afore-
said recommendation will be binding on OWNER <lntl CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to ,:,'(clude CON-
TRACTOR from the Work after the date of Substantia! Com-
pletion. but OWN ER shall allow CONTRACTO R reasonable
:lccess to complete or correct items on the tentative list.
Parriall./ti/i:.ation:
14.10. Use by OWN ER of any finished part of the Work.
which has specitically been iuentified in the Cuntmct Do~u.
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Its, or which OWNER. ENGINEER and CONTRAC-
'OR agree constitutes a separately functioning and useable
'of the Work that can be used by OWNER without sig-
ant interference with CONTRACTOR's performance of
1 remainder of the Work.. 'may be accomplished prior to
ubsuntial Completion ofall the Work subject to the follow-
114.10.i. OWNER at any time may request CON.
TRACTOR in writing to permit OWNER to use any such
lart of the Work which OWNER believes to be ready for.
s intended use and substantially complete. If CON.
TRA.CTOR agrees. CONTRACTOR will certify to OWNER
and ENGINEER that said part of the Work is substantially
10mPlete and request ENGINEER to issue a certificate of
ubstantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENOl.
lEER in writing that CONTRACTOR considers any such
art of the Work ready for its intended Use and substan-
ally complete and request ENGINEER to issue a certif.
icate of Substantial Completion for that part of the Work.
lithin a reasonable time after either such request. O\VNER.
ONTRACTOR and ENGINEER shall make an inspec-
on of that pan: of the Work to detennine ItS SlaWS of
completion. If ENGINEER does not consider that part of
.e Work to be substantially complete. ENGINEER will
letify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of the
Work to be substantially complete. the provisions of para.
Lhs 14.8 and 14.9 will apply with respect to certification
.. Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
liereto.
.14.10.1. OWNER may at any time request CON-
TRACTOR in writing to pennit OWNER to take over
I' eration of any such part of tbe Work although it is not
bstantially complete. A copy of such request will be
nt to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
lake an inspection of that part of the Work to detennine
st~t~s of completion and will prepare a list of the items
malOtng to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
~ to OWNER and ENGINEER that such part of the
ork is not ready for separate operation by OWNER.
GINEER will finalize the list of items to be completed
"'r corrected and wiIl deliver such list to OWNER and
~NTRAcrOR together with a written recommendation
. to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
I-CUrity. operation. safety. maintenance. utilities. insur-
e!:. Warranties and guarantees for that part oithe Work
hich will become binding upon OWNER and CON-
n."crOR at the time when OWNER takes over such
leration (,unless they shall have otherwise agreed in writ-
and so Informed ENGINEER). During such operation
d prior to Substantial Completion of such part of the
Work, OWNER shall allow CONTRACTOR reasonable
Icess to complete or correct items on said list and to .
mplete Other related Work.
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14.10.3. No occupancy or separate operation of pan
of the Work will be accomplished priono compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
FiruU Inspection:
14,11. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereofis complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
paniculars in which this inspection reveals that the Work is
incomplete or defecrive. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi.
ciencies.
FiruU Appliazlion for Paymeru:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instructions. schedules. guaran-
tees. Bonds. certificates of inspection. marked-up reco~
documents (as provided in paragraph 6.19) and other docu-
ments-aJI as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub.
ject to the provisions of paragraph 14.16). CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Conmct Documents. together with complete and legally
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. CONTRACTOR
may furnish receipts or releases in full: an affidavit of CON-
TRACTOR that the releases and receipts include all labor.
services, material and equipment for which a Lien could be
filed. and that all payrolls. material and equipment bills. and
other indebtedness connected with the Work for which
OWNER orOWN:f;R'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.
FiruU Payment and Acceprance:
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 documentaLion-all as required by the
Contract Documents. ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled. ENGI-
NEER will. within ten days after receipt of the final Appli-
c:1tion for Payment. indicate in writing ENGINEER's rec-
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGIN EER 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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I Otherwise. ENGINEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final payment. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
I cation. Thirty days after presentation to OWNER of the
Application and accompanying documentation. in appropri-
ate form and substance. and with ENGINEER's recommen-
dation and notice of acceptability. the amount recommended
I by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR. (In accordance with the
G~orgia Prompt Pay Act).
I 14.14. If, through no fault of CONTRACTOR, final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms, OWNER shall. upon receipt of CON-
TRACTOR's final Application for Payment and recommen-
I dation of ENGINEER. and without terminating the Agree.
ment. make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
I balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree-
ment. and if Bonds have been furnished as required in para-
graph 5. I. the written consent of the surety to the payment
I of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions g<;>v-
I erning final payment, except that it shall not constitute a
waiver of claims.
I Contractors Continuing Obligation:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
I shall be absolute. Neither recommendation of any progress
or final payment by ENGINEER. nor the issuance of a cer-
tificate of Substantial Completion. nor any payment by
OWNER to CONTRACTOR underthe Contract Documents.
I 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
I of acceptability by ENGINEER pursuant to paragraph 14.13.
nor any correction of defective Work by OWNER will con-
stitute an acceptance of Work not in accordance with the
I Contract Documents or a release of CONTRACTOR's obli-
gation to pettorm the Work in accordance with the Contract
Documents (except as provided in paragraph 14.161.
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14,16.1. a waiver of all claims by OWNER against
CO~TRACTOR. except claims arising from unsettleu
Liens. from "~f('('(i\'(' Work appearing after nnal inspec-
tilJn pursuant to paragraph 14.11 or from failure tt) comply
with the Contract Documents or the terms of any special
guarantees specifieJ therein: however. it will Ol)t consti-
tute a waiver hy OWNER of any rights in respect llf
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CONTRACTOR's continuing obligations under the Con-
tract Documents; and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE 15-SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
IS.!. OWNER may. at any time and without cause. sus-
pend the Work or any portion .thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time, or both.
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles II
and 12.
Owner May Terminate:
15.2. Upon the occurrence of anyone or more of the
following events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code (Title II. United
States Code), as now or hereafter in effect, or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency:
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing. or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency,:
15.2.3. if CONTRACTOR makes a general assignment
for the benefit of creditors:
15.2.4. if a trustee. receiver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authority to take charge
of property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit
of CONTRACTOR's creuitors:
, 15.2.5. if CONTRACTOR admits in writing an inabil-
ity to pay its debts generally as they become due:
15.2.6. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documents
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l(including. but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure [0 adhere to the progress schedule established under
Ipangraph 2.9 as revised fr,om time to time);
15.1.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction:
15.2.8. if CONTRACTOR disregar!1s the authority of
ENGrNEER: or
115.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
anents:
LER may, after giving CONTRACTOR (and the surety,
f there be one) seven days' written notice and to the extent
fitted by Laws and Regulations. terminate the services
ONTRACTOR. exclude CONTRACTOR from the site
take possession of the Work and ofall CONTRACTOR's
091s. appliances. constrUction equipment and machinery at
lite and use the same to the full extent they could be used
ONTR..<\CTOR (without liabilitv to CONTRACTOR for
pass orconversionl. incorporate In the Work all materials
--d equipment stored at the site or for which OWNER has
I CONTRACTOR but which are Stored elsewhere. and
h the Work as OWNER may deem expedient. In such
ase CONTRACTOR shall not be entitled to receive any
mer payment until the Work is finished. If the unpaid
tce of the Contract Price exceeds the direct. indirect and
equential costs of completing the Work (including but
at limited to fees and charges of engineers. architects. attor-
I', and other professionals and court and arbitration costs)
excess will be paid to CONTRACTOR. If such costs
ed such unpaid ' balance. CONTRACTOR shall pay the
iiference to OWNER. Such costs incurred by OWNER will
IPpro.ved as to reasonableness by ENGINEERand incor-
ted In a Change Order. but when exercising any rights
medies under this paragraph OWNER shall not be required
'obtain the lowest price for the Work performed.
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15,3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRA.CTOR 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 l'CaSonable termination expenses. which
will include. but not be limited to. direct. indirec:t and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects. attorneys and other professionals
and court and arbitration costs).
Conlr'rZalJ,. May Stop Work or TemrUrau:
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 ENGINEER fails to act on any Application for Payment
within thirty days after it is submitted. or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due. then CONTRACTOR may. upon seven
'days' Written notice to OWNER and ENGINEER. terminate
the Agreement and recover from OWNER payment for all
Work executed and any expense sustained plus reasonable
termination expenses. In addition and in lieu of terminating
the Agreement. if ENGINEER has failed to act on an Appli-
cation for Payment or OWNER has failed to make any pay-
ment as aforesaid. CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The- provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to cairy on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
. [The remainder of chis page was left blank intentionally.]
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I ARTICLE 16--ARBITRATION
16.1 All claims, d1~putes and other matters in question betveen
I OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu-
ments or the brE7ach thereof shall be decided under Georgia Lav in the
Superior Court of Richmond County, Georgia. '
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I>.RTICLE 17-MISCELLANEOUS
Giving Noti&e:
17.1. Whenever any provision of the Contract Docu-
aents requires the giving of written notice. it will be deemed
~ have been validly given if delivered in person to the indi-
vidual or to a member of the finn or to an officer of the
~rporation fo r who~ it is int~nded. or if deliv:red at or sent
y registered or cerufied mail. postage prepaid. to the last
usiness address known to the giver of the notice.
lompuuuion ofTim~:
17.2.1. When any period of time is referred to in the
Contract Documents by days. it will be computed to exclude
I 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 wiH be omitted from the computa-
I tion. .
17.2.2. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
leneral:
17.3. Should OWNER or CONTRACTOR suffer injury
i damage to person or property because of any error, omis-
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sion or act of the other party or of any of the other party's
employees or agents or others for whose acts the other party
is legafly liable. claim will be made in writing to the other
party within a reasonable time of the first observance of such
injury or damage. The provisions of chis paragraph 17.3 shall
not be construed as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the parties hereto. and. in particular but without
limitation. the warranties. guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.30.13.1.13.12.13.14.
14.3 and 15.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder, are in addition to.
and are not to be constrUed in any way as a limitation of. any
rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations. by
special warranty or guarantee or by other provisions of the
Contract Documents. and the provisions of this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty. obliga-
tion. right and remedy to which they apply. AU representa-
tions. warranties and guarantees made in the Contract Doc.
uments will survive final payment and termination or com-
pletion of the Agreement.
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1.3
SUPPLEMENTARY CONDITIONS
1.1
OWNER'S LIABILITY & PROPERTY INSURANCE:
Section 5.5,5.6,5,7,5.8,5.9,5.10 of the General
Conditions shall be amended as follows:
No additional liability or property msurance will be purchased by Augusta-
Richmond Country for this proj ect.
Current insurance coverages will remain in effect for the life of tIus Contract.
1.2
CONTRACTOR'S LIABILITY:
As indicated under Section 5.3 of the General Conditions, the Contractor's
Liability Insurance shall be in an amount not less than $200,000 for injuries,
including accidental death, to anyone person, and subject to the same limit for
each person, in an amount not less than $500,000 on account of one accident, and
Contractor's Property Damage Insurance in an amount not less than $100,000 for
all property damage sustained by anyone person in anyone accident; and a limit
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 oflus 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 ofthe Augusta-Richmond County
Road System.
(b) Work within easements granted by property
Owners in connection with the construction of the project.
(c) Work in close proximity to existing water lines, telephone lines,
gas lines, other utilities and private struchlres contiguous
to the job site
SC-l
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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 ofthe General Conditions shall be amended as
follows:
The Contractor may submit monthly estimate for work completed
and materials properly stored as approved by the Engineer. When an
estimate includes materials stored, a bill of sale, invoice or other
documentation warranting that the Owner is receiving the material free and
clear of all liens, charges, security interest and 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 flagn1en, barricades and signs as
necessary to notify the public, in particular, those persons driving in the vicinity
of the project, of the construction and its affect on traffic.
SC-2
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@@IJ?>W
SECTION ,p " .
PROPOSAL
Date: AUGU.s:T .a~.I2.'CD.3
Gentlemen:
In compliailce with your invi4ltlOli for bids dated ~ClL- Y 2."1 , 200 ~ the
undersigned hereby proposed to furnish aU labor, equipment~ and materials, and to
perform: all work for the installation of drainage improvements, ~d ~ppurtenances
referred to herein as:' .
TRAFFIC ENGINEERING, PHASE II
Project Number: 323.:04..;200823591
ip. strict accordance with the Contract Documents and in c.oD$idetationofthe amounts
,shown on the Bid Sched~eattached'heteto and totaling:
'ALTE~ATE A:,:" , ':j.~7f ~
F: v ~ H~,..A,.. ~ Tf.-cD sa........J T ~Q /.{o......J~...l ~ () ^- 'e-
DOLLARS ($ ~ 2.c...: I. 2,-;,.
, ~
a-..J ,T <oJ __:+)' ~,; \II!?.. f....".. + .s.
) .', ' ,
, ALTERNATE'B: ,
, Tl~~o~"~D~LLtlf~$~T"";;i.:~~~u~~)~~4~N;~~'~ Z~'~~A~' '
, ,
. The undersigned htieby agrees that, ~pon written acceptance of this b'id, he will
" within 10 days ofr-eceipt of .such notice execute a formal contract agreement with the
OWNER, and that he ,Will provide th~ bop.d or guaran.te~ required by the Cbn~t
Documents. .
The miderSigned hereby agrees :that, if awarded the contr~t, he will commence
the work immediately after the date of written notice to proceed, ~d that he will
complete an.majqI ~tei:ns of work within lli calendar ~ys.
, ,
The "undersigned ackD.owl~dge's receipt'ofthe'follo.Wing addenda: '
.....".;tJt'l I J T::JiL+~ ?iJ!t:fol - AID.?, D....~ 1>.!/~/{")'3.- No.3" n....,I,d !1./ J"f./CL"'t
~ c.. ~~ O~ <A,N.t:l
ttV;~'.'A 1
Re~pectfully subniitted
'~ s.. r.bAJI~(~r"'JIJ.j,r..
(Name of Firm) ,
~33-SA+O.Mlc:. ~
, 1> ~ecl.. :L:.c::. 1.-.-A,'s'L 2. 9 Ji82-
(B~~inesSA-d ess)
By. ---------=-
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Title; 'kJL-;-
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ALT~AT~ /lAII
. LUMP SUM CONSTRUCTION
NO,TE: _ List all Lump Sum Constniction items in detail with asso'ciated costs. Failure to
provide this may ~squalify th~ bid. .
ITEM
. COST
$ 2:.l6~~ .6 CI
$ &." OOl':l #06
$ I~.OOO .00
$ ?ClO ^^
$ ~ DOb 06
$ I . So 0#00
$ </ J '50. 00.
$ . Ie;, 000. c.~ .
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. LUMP SUM' CONSTRUCTION
15)
16)
17.)
18)
19)
20)
21)
22)
23)
. 24)
25)
26)
27)
28)
TOTAL LuMP SUM AMOUNT
U:se,'additional sheets if needed. ..
P-8A
$'
$
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, $
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Hard Sunaca,
Public Road
/
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N.S.A. R-2 (1.5'"-3.5j
Coars. ~rwtJ81e
G80lextns Undsrflnef
CRUSHED STONE CONSTRUCTION EXIT
TO BE USED 1tS CIREC'ttD BY 'THE ENGINEER WHERE CONSTRUcnOH TRAFFlc IS ENTERINC'" PUBUC PAVED RD.'.C.
PA'l'MEM' TO BE fNQ.UOED IN' "RIO!: BID FOR LUJ.lP SUU CONS"mUCTlON OR OiHER CONTRACT BID lTn(S.
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GENERAL NOTES MASTER COPY
REVISED 3 - 06 - 03
RLC
GENERAL NOTES
ADmSTING :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 irrst order
of work where minor structures requiring adjustment are included in the
contract.
AGGREGATE SURFACE COURSE:
The item aggregate surface course is for use in inclement weather to facilitate the
movement of local traffic along roadway construction and to permit ingress and
egress at drives. When used for this purpose, Section 318, Georgia Standard
Specifications, is modified to permit truck dumping on unprepared and muddy
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.
C011P 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 pe~ssion of the Engineer.
NOTE: When sand and jetting/flooding method is used the warranty for the backfilled
area is extended from 12 months to 24 months. A pIan for the jetting/flooding shall be
submitted at the PreConstruction Conference.
CONCRETE:
The Contractor shall have a slump cone on the project at all times when concrete is
being placed. He shall, in the Engineer's presence, perform slump tests as directed by
the Engineer. Tests shall be performed by qualified personnel with a properly
cleaned slump cone. Allowable slumps are 2" minimum and 4" maximum. Class
"A" concrete shall have a minimum of 611 lbs. Cement per cubic yard., Class "B"
concrete shall have a minimum of 470 lbs. Cement per cubic yard. Concrete not
meeting these requirements will be rej ected 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 Engip.eer, 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 PPA-l 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 903l-W are 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 9031-1.
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 hislher 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 ~ 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.
FlNISHING 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 rea,sonably 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 r~ova1 of unsuitable and/or
unstable material. However, the Contractor shall make whatever investigations he
deems necessary to determine the extent of any borrow or removal necessary to meet
contract requirements. If it develops that removal of unsuitable/unstable materials
quantities could not have been predicted by the contractor from a reasonably thorough
investigation of project conditions, the Contractor may request negotiation for
payment for excavation of this nature in areas where the depth exceeds three (3) feet
below sub grade. The Owner will consider negotiation only when this type of removal
is excessive and the Contractor provides evidence that he thoroughly investigated
project conditions prior to entering his bid. Only those quantities in excess of three
(3) below finished subgrade and/or normal excavation for drainage structures, ordered
by the Engineer, will be considered for payment.
GRASSmG 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 lrrass.
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
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will be no separate pay for staking, including Perimeter Staking and for Spring
Application of Fertilizer. All costs shall be included in prices bid for Landscape
Items.
Bag grown plants are not acceptable.
LillvfP 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,
JunctioD: 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.
NO~\1AL 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-U).
4. All concrete storm drain and longitudinal pipe shall include O-ring gaskets.
PIPE CULVERTS:
Unless otherwise noted, all storm drain, longitudinal and stub pipes are to be
reinforced concrete. All required pipe culverts shall be in accordance with Standard
. . 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.
REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD:
It shall be the contractor's responsibility to remove and reset any and all existing
ornamental shrubs and bushes and sod in conflict with proposed construction.
Coordination with the property owners is essential in this endeavor. The contractor
will not be held responsible for care and maintenance after removing and resetting
these plants and sod except in cases where the Contractor's equipment causes
irreparable damage or where plants and/or sod dies as the result of negligence on the
Contractor's part. In which cases, the Contractor will be held responsible for
replacement. Sod shall be reset with ground preparation in accordance with
Subsection 700.05.A. No additional soil or fertilizer is required for resetting sod.
The Contractor shall remove the sod in a manner that will be conducive to insuring
that the reset sod will live. At the contractor's option, he may replace any sod he
removes with new sod of the same type. No separate payment will be made for this
work or replacements unless specifically shown as a pay item.
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 ill 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 EASE:MENTS:
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.
SALVAGEABLE MATERIALS:
As directed by the Engineer or his representative, all salvageable materials, such as
drainage pipe, which require removing but are not to be used on this project, are to be
cleaned and stored within the right-of-way by the Contractor. These materials shall
be picked up and transported by Augusta Richmond County forces. The Contractor is
responsible and shall make restitution to Augusta-Richmond County for materials
damaged through his negligence.
SAW CUTS:
When matching existing conditions, saw cuts shall be used as required by Augusta-
Richmond County. Only saw cuts in Portland Cement Concrete which are shown as
contract pay items will be paid for separately. No saw cuts in asphaltic concrete will
be paid for separately. Unless specifically noted this does not apply to pipe trenches.
SHOULDER WORK:
All necessary cleaning of the existing pavement, including clipping of shoulders,
required prior to resurfacing shall be the responsibility of the Contractor. The
material displaced shall be removed, lowered or spread over the shoulder to an
elevation and slope which will provide adequate drainage. The cost of such work
shall be included in the prices bid for other items.
SOD:
Sod will not be paid for separately when used to match or replace sod on adjacent
lawns as replacement in kind. See GDOT specifications, subsection 700.04 E.
SPECIAL EVENTS:
When Special Events occur, such as the Augusta Masters Golf Tournament, all work
shall be safed up, shut down and maintained until the Engineer okays the resumption
of work. No project is exempt without the expressed approval of the Engineer. If
these type work stoppages impose a hardship, contract time wise, consideration will
be given to extending the contract time in an amount commensurate with the delay
caused by such work stoppages provided the Contractor has otherwise pursued the
work diligently.
SPECIFICATIONS, STANDARDS AND OTHER DATA:
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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.
SPENDOUT SCHEDULE:
A Spendout Schedule beginning with the Notice To Proceed arid 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:
Unless otherwise noted, all storm drain, longitudinal and stub pIpe are to be
reinforced concrete and shall include a-ring gaskets.
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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 Pre construction Conference.
However, no work shall be done on this project by a Subcontractor until the
Contractor receives approval of his Subcontractor(s) from the Engineer.
NOTE: All submissions shall include the following information for each
Subcontractor:
1) Name of Subcontracting 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 subgrade shall be test rolled on six feet centers
using a loaded dump truck or other equipment approved by the Engineer.
TRAFFIC CONTROL:
The Contractor shall provide construction signs in accordance with requirements of
"Manual on Uniform Traffic Control Devices for Streets and Highways", current
edition with added supplements and special provisions.
The attention of the Contractor is specifically directed to Subsection 107.09 of the
Standard Specifications regarding barricades, danger, warning, and detour signs.
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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 travelway. This applies to the
initial installation and the continuing maintenance and operation of the facility. At
least one-lane, two-way, traffic shall be maintained at all times unless approved
otherwise by the Engineer. As a minimum, the Contractor must comply with the
Manual on Uniform Traffic Control Devices, current edition and Georgia Standard
9102.
The Contractor shall provide all temporary traffic control devices needed to safely
direct traffic through the construction area.
All temporary traffic control devices are to be placed in accordance with Georgia
Department of Transportation Standards and Specifications.
TRAFFIC DETOURS:
Where detours are required and in accordance with Section 150 of the Standard
Specifications and any Supplements thereto, the Contractor shall file for approval a
detour plan of operation for this project. This plan shall include details of staging and
rerouting of traffic including estimated length of time for use of the detours.
The Contractor shall so conduct his operations that there will be a minimum of
interference with, or interruption of, traffic upon and along the roadway. This applies
to the initial installation and the continuing maintenance and operation of the facility.
At least one-Iane~ two-way traffic shall be ,maintained at all times unless approved
otherwise by the Engineer. As a minimum, the Contractor must comply with the
Manual on Uniform Traffic Control Devices, current edition and Georgia Standard
9102.
UNIFORMED POLICE OFFICERS:
When shown as a pay item Uniformed Off-Duty Police Officers shall be used as
directed by the Engineer. The bid price shall be $15.00/hour. .
UTILITIES:
All utility facilities except those owned by Augusta Utilities Department which are in
conflict with construction, not covered as specified items in the qetailed 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, omamentallight
systems, gas and underground telephone cables that either are obstructions to the
execution of the work and need to be moved out of the way or, if not, must be
properly protected during construction. No separate payment will be made for this
work. Public utilities of this nature except Augusta Utilities and Augusta Traffic
Engineering will be handled by the utility owner.
THE FOLLOWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK.
BEGINS:
Georgia Power Company
4220 Evans To Lock Rd.
Evans, Georgia 30809
Telephone (706) 667-5633
Attention: David Wattwood
Atlanta Gas Light Co
1840 Wylds Rd.
Augusta, Georgia 30913
Telephone (706) 481-1452
Attention: Carl Corley
Bell South
3841 Wrightsboro Road
Augusta, Georgia 30909
Telephone (706) 860-8582
Attention: Calvin Hamby
Jefferson Energy Cooperative
P. O. Box 457
Wrens, GA 30833
Telephone (706) 547-2167
Attention: Roy Chambers
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Comcast
P. O. Box 3579
Augusta, Georgia 30904
Telephone (706) 739-1865
Attention: Kevin O'Meara
AT&T
937 Greene St.
Augusta, Georgia 30901
Telephone 706-836-2240
Attention: Bill Wadley
KMC
Telephone:
ATTENTION DENNIS NORVIEL
UTILITY ACCOMMODATION POLICY:
Augusta Utilities
360 Bay Street, Suite 180
Augusta, Georgia 30901
Telephone (706) 312-4132
Attention: Max Hicks
Knology
3714 Wheeler Road
Augusta, GA 30909
Telephone (706) 294-2975
Attention: Patrick Casey
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 back:filled 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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STATE OF GEORGIA
SPECIAL PROVISION
SECTION 1SD-TRAFFIC CONTROL
August 28, 1995
First Use: October 20, 1995
Modification of Special Provision
Section ISO - Traffic Control (Rev. June 21, 1994)
Retain Section 150 as written and. add the following:
For this project, all references to flags on construction warning signs in the Standard Construction Details
listed below are deleted except for signs which are mounted at less than seven (7') feet in height (portable
signs).
Standard Construction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Across Median
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscellaneous Details
In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated
September 3, ,1993.
150.02 WORK ZONES: Delete 'Work Zones" and substitute: Temporary Traffic Control Zones.
150.02. 8.2.: Delete last sentence and. substitute: Channelization device spacing shall be 10 feet for 200
feet in advance of the temporary gore, and 10 feet for the first 100 feet of the temporary gore.
150.03. F.1. MATERIALS - INTERIM SIGNS: Retain as written and add second paragraph.
Posts for all interim signs shall be constructed to yield upon impact unless the posts are protected
by guardrail, portable barrier, impact attenuator or other type of positive barrier protection.
Unprotected posts shall meet the breakaway requirements of the "1985 AASHTO Standard
Specifications for Structural Supports for Highway Signs, Luminaries and Traffic Signals".
Unprotected post splices will not be permitted any higher than four inches above the ground line
to lessen the possibility of affecting the undercarriage of a vehicle.
l50.03.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION wARNING SIGNS THAT ARE
REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF
WARNING FLAGS.
Delete first sentence of second paragraph and substitute:
Construction 'Warning signs which are mounted at less than seven feet in height (p'ortahle .signs) shall
have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each sign.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.04.E.2.a.2.: Retain as written and add: In lane shift areas skip lines are not allowed. Solid lines are
required. -.
150.04. E.2.b.1.: Retain as wri.tten and add: In lane shift areas skip lines are not allowed. Solid lines are
required.
150.05 . D. TEMPORARY GUARDRAJL ANCHORAGE: Delete all references to Type 9 and substitute Type
11 (eleuen).
150.10 PAYMENT: Item Np. 641-Delete reference to Type 9 and substitute Type 11 (eleven).
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
June 22, 1994
First Use: July 24, 1994
Modification of Standard Specifications, 1993 Edition
Retain Section 150 as written and add the following:
For this project, all references in the Standard Construction Details listed below to Type I Barricades,
Type II Barricades, Type "A" flashing-lights and Type-"e" steady burn lights are deleted, except that
Type "C" lights will be required for tapers in nighttime lane closures.
Standard Construction Details
· Typical By-Pass Detour for Two-Lane Highway
· Typical Detour Across Median
· Transition of 4-Lane Divided Highway to 2-Lane Highway
· Traffic Control General Notes, Standard Legend, Miscellaneous Details-
In addition, G20-1, G20-2A, and W20-1 signs shown on Georgia Standards 9102, 9106, 9107, and
applicable Standard Construction Details shall conform to Part VI of the MUTCD, Revision 3, dated
September 3, 1993.
D etall n A" as shown on Georgia Standard 4960 is deleted.
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
Rev. June 21, 1994
First Use: July 24, 1994
Rev.: August 15, 1994
Modification of the Standard Specifications, Current Edition
Delete Section 150 as written and substitute the following:
150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTCD shall be
considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and
removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic
control devices and shall include flagging and other means for guidance and protection of vehicular and
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
pedestrian traffic through the Work Zone. This Work shall include both maintaining existing devices
(excluding Traffic Signals) and installing additional devices as necessary in construction work zones.
When any provisions of this Specification or the Plans do not meet the m;n;mum requirements of the
Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition of the
MUTCD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration of the
project.
The ContTactor shall designate a qualified individual as the Worksite Traffic Control Supervisor
cwrcS) who shall be responsible for selecting, installing and maintaining all traffic control devices
in accordance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's
traffic control responsibilities shall have priority over all other assigned duties. .
As the representative of the ContTactor, the WTCS shall have full authority to act on behalf of the
Contract.orin anmin;~tering the Traffic Control Plan. The WTCS shall have appropriate training in
safe traffic control practices ii1 accordance with Part VI of the MUTCD. In addition to the WTCS all
others m~king- decisions regarding traffic control must meet the training requirements 'of Part VI of
the MUTCD. On projects where traffic control duties will not require full time supervision, the
Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as
satisfactory results are obtained. .
The WTCS shall have a copy of the MUTCD on 'the job site. Copies of current MUTCD may be
obtained from:
U.S. Government Printing Office
Superintendent of Documents
Mail Stop: SSG?
Washington, D.C. 20402-9328
The 'WTCS shall be available on a 24-hour basis as needed to maintain traffic control devices with
access to all personnel, materials and equipment necessary to respond effectively to an emergency
situation within forty-five (45) minutes of notification of the emergency.
The WTCS shall supervise the initial installation of traffic control devices which will be reviewed by
the Engineer prior ~ the beginning of construction. Modifications to traffic control devices as required
by sequence of operations or staged construction must be reviewed by the WTCS. The WTCS shall '
regularly perform inspections to ensure that traffic control is maintained.
All traffic control devices used during the constroction of a project shall meet the Standards utilized
in the MUTeD, and shall comply with the requirements of these Specifications, Project Plans, and
Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09.
All reflectorization for constroction (black on orange) signs, object markers, and channelization
devices shall meet the requirements of Section 913, Type II or ill unless otherwise specified. .All other
signs shall meet the requirements of Type I unless otherwise specified.
D. No work shall be started on any project phase until the appropriate traffic control devices have been
placed in accordance with, Project requirements. Changes to traffic flow shall not commence unless
alllahor, materials, and equipment necessary to make the changes are available on the Project.
The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation,
sequence of work and methods of providing for the safe passage of vehicular and pedestrian traffic
before it is placed in operation. The proposed plan of operation should supplement the approved
traffic control plan. Any major changes to the approved traffic control plan, proposed by the
Contractor, are to be submitted to the Department for approval in accordance with Subsection 104.03
of the Standard Specifications.
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STATE OF GEORGIA
Some additional traffic control details will be required prior to any major shifts of traffic. The traffic
control details shall include, but not be limited to, the following:
1. A detailed drawing showing traffic location and laneage for each step of the change.
2. The location, size, and message of all signs required by the MUTCD, Plans, Special Provisions,
and other signs as required to fit conditions.
3. The method to be used in, and the limits of, the obliteration of conflicting lines and markings.
4. Type, location, and extent of new lines and markings.
5. Horizontal and vertical alignment and superelevation rates for detoQr8, including cross section
and profile grades along each edge of existing pavement. .
6. Drainage details for temporary and permanent alignments.
7. Location, length, and/or spacing of channelization and protective devices (temporary barrier,
guardrail, barricades, etc.)
8. Starting time, duration and date of planned change.
9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing
workforce, materials, and equipment necessary to accomplish the proposed work.. :I'his will be the
minimum resource allocation required in order to start the work..
The above details shall be submitted to the Engineer for approval at least 14 days prior to the
. anticipated traffic shift. The Contractor shall have traffic contral details for a traffic shift which has
been approved by the Engineer prior to commencement of the physical shift. All preparatory work
relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the
designated starting time. The Engineer and the Contractor's representative will verify that all
conditions have been met prior to the Contractor obtaining materials for the actual traffic shift.
F. Traffic control devices shall be in acceptable condition when.first erected on the. project and shall be
maintained in accordance with Subsection 104.05 throughout the construction period. All
unacceptable traffic control devices shall be replaced within 24.hours. When not in use, all traffic
control devices shall be removed, placed or covered so as not to be visible to traffic. If traffic control
devices are left in place for more than ten days after completion of the Work, the Department shall
have the right to remove such devices, claim possession thereof, and deduct the cost of such removal
from any monies due, or which may become due, the Contractor.
G. The Department reserves the right to restrict construction operatioWl when, in the opinion of the
Engineer, the continuance of the Work would seriously hinder traffic flow on days immediately before,
on, or after holidays or other days in which unusual traffic conditions exist, including threatening or
inclement weather.
150.02 WORK ZONES:
A In addition to the other provisions contained herein, work zone traffic control shall be accomplished
using the following means and materials:
1. Portable advance warning signs as r.equired by the contract or meeting the requirements oftha
MUTCD and Sub-Section 150.03.
2. Portable sequential or flashing arrow panels as shown in the Plans or SpecificatioWl for use on
Interstate or multi-lane highway lane closure only, shall be a m;n;mum size of 48" high by 96"
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STATE OF GEORGIA
wide with not less than 15 lamps used for the arrow. The arrow will occupyvirtuaIly the entire
size of the aITOW panel and shall have a minimum legibility distance of one mile. The minimum
legibility distance is that distance at which the arrow panel can be comprehended by an observer
on a sunny day, or clear night. Arrow panels shall be equipped with automatic nimming features
for use during hours of darkness. The arrow panels shall also meet the requirements as shown
in the MUTCD. The sequential or flashing arrow panels shall not be used for lane closures on two-
lane, two-way highways when traffic is restricted to one-lane operations in which case,
appropriate signing, flaggers and when required, pilot vehicles will be deemed sufficient.
3. Portable changeable message signs meeting the requirements of Section 632 and the MUTeD.
4. Channelization devices meeting the standards of the MUTCD and Subsection 150.06.
5. Precast concrete barrier meeting the requirements of Section 622.
6. . Temporary traffic signals meeting the requirements of Section 647.
7. Pavement marking materials complying with Subsection 150.04.A.
B. LANE CLOSURES:
1. All lane closures shall have prior approval of the Engineer. Lane closures that require same .
direction traffic to be split around the Work Area will not be approved for roadways with posted
speeds of 35 mph or greater, excluding turn lanes.
2. On multilane highways where traffic has been shifted to the inside lanes for overnight use, the
entrance and exit ramps shall have channelization devices placed on both sides of the ramp. The
temporary-ramp taper length shall be greater than, or equal to; the existing taper length. Interim
EXIT gore signs shall be placed at the ramp divergence. Channelization . device spacing in the first
100 feet of the temporary gore shall be 25 feet.
3. Termination Area: The transition to normal or full width highway at the end of a lane closure
shall be a maximum of 150 feet.
4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07,
the Cont:ractOr shall remove all signs, lane closUre marki.i:LgS, and devices immediately when lane
closure work is completed or temporarily suspended for any length of time or as directed by the
Engineer.
C. TRAFFIC PACING METHOD:
1. PACING OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the .
Contractor up to ten CI0) minutes maximum to work in or above all lanes of traffic for the
following purposes:
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a. Placing bridge members or other bridge work.
b. Placing overhead sign structures.
c. Other work items requiring interruption of traffic.
The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing light for
each direction ofpacing. The police officer; Engineer, and flaggers at ramps shall be provided with a
radio which will provide continuous contact with the Contractor. .
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STATE OF GEORGIA
When ready to staJt the work activity, the police vehicle will pull into the travel lanes and act as a
pilot vehicle slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform
the Work. Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic,
with a flagger properly dressed and equipped with a StoplSlow paddle. Each ramp should be opened
after the police vehicle has passed.
Pilot vehicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph
non-interstate. The Contractor shall provide a vehicle to proceed in front of the police vehicle and
. behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared
the area.
Traffic willl:1ot be permitted to stop during pacing except in extreme cases as approved by the
Engineer.
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METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of
the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72
inch) with a Type "B" flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY"
(See Detail150-A). A portable changeable message sign may be used in lieu of the W-special sign. On
divided highways this sign shall be double indicated. A worker with a two-way radio shan be posted
at the sign, and upon notice that the traffic is to be paced shall turn on the flashing light and reveal
the sign. When traffic is not being paced, the flashing light shall be turned off arid the sign covered
or removed. W-special signs are reflectorized black on orange, Series "C" letters and border of the size
specified.
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STATE OF GEORGIA
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D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic
unless sepaxated by a positive barrier, or when construction activity necessitates otherwise, and shall
not reverse direction except at intersections, interchanges, or approv_ed temporary crossings.
E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not
interfere with normal traffic operations or adjacent properties.
F. Existing street lighting shall remain lighted as long as practical 'and until removal is approved by the
Engineer.
G. Adequate temporary lighting shall be provided at all nighttime work sites where workers will be
immediately adjacent to traffic.
H. For their own protection, workers in or ~djacent to traffic during nighttjme operation shall wear
retlectorized vests.
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STATE OF GEORGIA
1. The parking of Contractor's and/or workers personal vehicles within the work area or adjacent to
traffic is prohibited. '
The Worksite Traffic Control Supervisor CWTCS) shall monitor the work to ensure that all the rocks,
boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are
kept clear of the travel way. These items shall be stored in a location, in so far as practical, where they
will not be subject to a vehicle running off the road and striking them.
K. .All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate
changes to existing walkways, temporary walkways shall be provided and maintained, with
appropriate signs as necessazy, to allow safe passage of pedestrian ~c.
150.03 SIGNS:
When required for proper traffic control during construction of the project, all existing guide, warning,
and regulatory signs shall be maintained by the Contractor in accordance with these Specifications.
Existing street name signs shall be maintained at street intersections. All existing illuminated signs
shall remain lighted and be maintained by the Contractor.
B. When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered
so as not to be visible to traffic. All construction warning signs shall be removed within seven calendar
days after time charges are stopped or pay items are complete. Subsequent punch-list or other work
to be performed shall be accomplished utilizing temporary construction warning signs that shall be
removed daily.
The Contractor shall not remove any existing signs and supports without prior approval from the
Engineer. All existing signs and supports which are to be removed shall be stored and protected as
directed by the Engineer, and become the property of the Deparbnent unless otherwise specified in
the contract documents.
D. Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed,
reused and maintained by the Contractor in accordance with the MUTCD, the Plans, Special
Provisions, or as directed by the Engineer. These signs shall remain the property of the Contractor.
The bottom of all interim signs shall be at least seven feet above the level of pavement edge.
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Existing special guide signs on the Project shall be maintafued until conditions require a change in
location or legend content. When change is required, existing signs shall be modified and continued
in use if the required modification can be made within existing sign borders using design
requirements Gegend, letter size, spacing, border, etc.) equal to that .of the existing signs, or of
Subsection 150.03.E.5. Differing legend designs shall not be mixed in the same sign.
1. SPECIAL GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that
are designed with a message content Geg-end) that applies to a particular roadway location. When
an existing special guide sign is in conflict with work to be perl'ormed, the Contractor shall remove
the conflicting sign and reset it in a new, non~nt1icting location which has been approved by the
Engineer.
2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize. existing signs, either in
place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new
interim special guide signs in accordance with the Plans or as directed by the Engineer.
3. INTERIM OVERHEAD GUlDE SIGN STRUCTURES: Interim overhead special guide sign
structures are not required to be lighted unless specifically required by the Plans. !flighting is
required the sign shall be lighted as soon as erected and shall remain lighted, during the hours
of darkness, until the interim sign is no longer required. The Contractor shall notify the Power
Company at least thirty {30) days prior to desiring connection to the power source.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. The installation of new permanent special guide signs and the permanent modification or
resetting of eristilig special guide signs, when included in the contract, shall be accomplished as
soon as practical to minimize the use of interim special guide signs. Iflighting is required by the
Plans, all new permanent overhead special guide signs shall be lighted as soon as erected.
5. Interim special guide signs that may be required in addition to, or a replacement for, existing
expressway and 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 MUTCD, except that the minimum size of all letters
and numerals in the names of places, streets and highways on all signs shall be 16 inches Series
"E" initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48
inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the
exit road name or route shield shall be placed on the exit gore sign.
F. MATERIALS - INTERIM SIGNS:
1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that greei?-
or silver paint may be used in lieu of galvanization for steel posts or structural shape posts. Wood
posts are not required to be pressure treated. "
2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 of the
Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1
and Type 2 sign blanks shall have a minimum. thickness ofO.OS inches regardless of the sign type
used Alternative sign blank materials (composites, poly carbonates, fiberglass reinforced plastics,
recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research
for use as interim construction signs before these materials are allowed to be incorporated into
the work. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum..
Plywood blanks or panels will not be permitted.
G. All existing, interim and new permanent signs shall be installed so as to be completely visible for an
advance distance in compliance with the MUTCD. Limbs, brush, construction equipment and
materials shall be kept clear of the driver's line of sight to the signs.
H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the
MUTeD and shall "include a series of at least three advance road construction CW20-1) signs placed
at the termini ofilie project.. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET,
AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the.legend
ROAD WORK (2 MILES, 1 MILE, AND 1J2 MILE.) On-ramps and at grade intersecting roadways
shall be signed with a minimum of one ROAD WORKAHEAD sign.
All constrUction warning signs shall have two 18 inch x 18 inch fluorescent red-orange or orange-Ted
warning flags mounted on each including the project construction signs (G20-1 and G20-2A.) Project
mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest
whole mile. All construction warning signs on divided highways shall be double indicated (i.e., on the
left and right sides of the roadway.) "
1. The sequential or flashing arrow panels shall be placed on the shoulder at or near the point where
the lane closing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable
support. Vehicle mOWlted panels shall be provided with remote controls. Minimum mounting height
shall be seven feet above the roadway to the bottom of the panel, except on vehicle mounted panels
which should be as high as practical.
J. The portable changeable message sign, when specified, shall be placed ahead of construction activities
and shall meet the requirements of Section 632 and the MUTeD.
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STATE OF GEORGIA
The flashing beacon assembly, when specified, shall be used in conjunction with construction warning
signs, regulatory, or guide signs to inform traffic of special road conditions which require additional
driver attention. The flashing beacon assembly shall be installed in accordance with the requirements
I of Section 647.
150.04 PAVEMENT MARKINGS
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Generally, full pattern pavement markings'in accordance with Section 652 and in conformance with
Section 3A and 3E, except 3E-3 and 3B-5, of the MUTCD are required on all courses before the
roadway is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E. During
construction and maintenance activities on all highways open to traffic, both existing markings and
markings applied under this Section shall be fully maintained until Final Acceptance. If the pavement
m.ark:ings are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering,
or construction activities, they shall be restored immediately. On reswfacing 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.
MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width
and shall conform to the requirements of Section 652, except as modified herein. Raised pavement
markers CRPMs) shall meet the requirements of Section 654. Markings on the final surface course
which must be removed shall be a removable type. The Contractor will be permitted to use paint,
thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise
directed by the Engineer. Partial (skip) reflectorization (i.e. reflectorizing only a portion of a stripe)
will not be allowed.
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USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of
markings in the final lane configuration at the earliest possible stage.
Inappropriate or conflicting existing pavement markings shall be removed.
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When shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall
be removed prior to, during, or immediately after any change so as to present the least interference
with traffic.
Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the
project for immediate use. If marking removal equipment failures occur, the equipment shall be
repaired or replaced (including leasing equipment if necessary), 50' that the removal can be
accomplished without delay.
I D.
Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course,
when approved by the Engineer. When an asphaltic concrete overlay is placed for the sole purpose
of e}irnin:1Hng conflicting markings and the in place asphaltic concrete section will allow, said overlay
will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid'
for only once and further traffic shifts in the same area'shall be accomplished with removable
markings. Only the minimum asphaltic concrete thickness required to cover lines (generally 60 lbJsq.
yd. of Asphaltic Concrete '1r) will be allowed. Excessive build-up will not be permitted. When an
overlay for the sole purpose of eHmin~Hng conflicting markings is not allowed, the markings no longer
applicable shall be removed in accordance with Subsection 656.02. The elimination of cori.f1icting
pavement markings by overpainting with paint or liquid asphalt is not acceptable.
Raised pavement markers CRPMs) are required as listed below for all asphaltic concrete pavements
before the roadway is open to traffic. When Portland Cement Concrete is an intermediate or final
surface and is open to traffic, one calendar day is allowed for cleaning and drying before the
installation of RPMs is required.
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STATE OF GEORGIA .
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i. On Interstate and limited access highways under construction, excluding projects consisting
primarily of asphalt resmfa.cing items, ratro-reflective raised pavement markers (RPMs) shall be
placed and/or maintained on intermediate pavement surfaces opened to traffic as follows:
a. SUPPLEMENTING LANE LINES:
80 foot centers on skip lines with curvature less than three degrees. (Includes tangents.)
40 foot centers on solid lines and all lines with curvature between three degrees and six
degrees.
20 foot centers on curves over six degrees.
20 foot centers on lane transitions or shifts.
b. SUPPLEMENTING RAMP GORE LINES:
20 foot centers, two each, placed side by: side.
c. OTHER LINES:
As shown on the plans or directed by the Engineer.
2. On other highways under construction RPMs shall be used and/or maintained on intermediate
pavement surfaces as follows:
a. SUPPLEMENTING LANE LINES AND SOLID LINES:
40 foot centers except on lane shifts. (When required in the Plans or Contract.)
20 foot centers on lane shifts. (Required in all cases.)
b. SUPPLEMENTING DOUBLE SOLID LINES:
40 foot centers (one each beside each line) except on lane shifts. (When required in the Plans
or Contract.)
20 ~oot centers on lane shifts. (Required in all cases.)
RPMs are nQ.t. allowed on right edge lines.
E. EXCEPrIONS FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattern
of markings are permitted as noted below, however, full pattern pavement markings are required for
the completed project. .
1. TWO-LANE, TWO-WAY ROADWAYS
a. SKIP LINES: All interim skip (broken) stripe shall conform to Section 652 except that stripes
shall be at least four feet long with a maximum. gap of 36 feet. On curves greater than six
degrees, a two-foot stripe with a maximum gap of 18 feet shall be used. In lane shift; areas.
skip lines will not be allowed. Solid Lines will be required. Interim skip lines will be
permitted for a period not to exceed 14 calendar days. Interim skip lines must be replaced
with markings in full compliance with Section 652 prior to expiration of the 14 calendar day
period.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Interim raised pavement markers may be substituted for the interim skip (broken) stripes.
If raised pavement markers are substituted for the four foot interim skip stripe, four markers
spaced at equal intervals over a foor feet distance will be required. No separate payment will
be made if the interim raised pavement markers are substituted for interim skip lines.
Interim raised pavement markers shall be retro-reflective, shall be the same color as the
pavement markers for which they are substituted, and shall be visible during daytime.
The type of interim marker and method of attachment to the pavement must be approved by
the Office of Materials and Research but in no case will the markers be attached by the use
of nails.
The interim raised pavement markers must be maintained until the full pattern pavement
markings are applied. At the time full pattern pavement markings are applied the interim
raised markers shall be removed in a manner that will not interfere with application of the
full pattern pavement markings.
b. NO PASSING BARRIER: On two-lane, two.way roadways for periods not to exceed three
calendar days where skip centerlines are in place, no-passing zones may be identified by
using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the
beginning and at intervals not to exceed 1/2 niile within each no-passing zone. A post or
portable mounted PASS WITH CARE regulatory sign (R4r-l 24" x 30") shall be placed at the
end of each no-passing zone. Post mounted signs shall be placed in accordance with the
MUTeD. Portable signs must have a minimum vertical height of three feet above the
pavement surface to the bottom of the sign and be secured in such a manner as to not be
easily blown over or misaligned.
c. EDGELINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
SUlfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that
are in use for a period ofIess than 60 calendar days except at bridge approaches, on lane
transitiO:lS, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, "edgelines must be placed within 30 calendar days of the time that the final smface
was placed.
(2) All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that
are in use for a period ofless than 30 calendar days except at bridge approaches, on lane
transitions, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 14 calendar days of the time that the surface was
placed.
d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols,
words and other similar marki.ngs shall be placed on final surfaces conforming to Section 652
within 14 calendar days of completion oftha final surface. On intermediate surfaces these
markings will generally not be required unless specified by the Engineer because of special
conditions or when the intermediate surface will be in use for more than 45 calendar days.
2. MULTI-LANE IDGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOUR FEET OR LESS
a. UNDIVIDED IDGHWAYS (INCLUDES PAVED CENTER TURN LANE)
(1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers
shall be restored before nigh~all.
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STATE OF GEORGIA
(2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.1.a. may be
used for periods not to exceed three calendar days.
(3) Edgelines - Edgelines shall be placed on intermediate and final surfaces within three
calendar days of obliteration.
b. DMDED IDGHWAYS (GRASS OR RAISED MEDIAN)
(1) Lanelines - Full pattern skip stripe shall be restored before nightfall..
(2) CenterlinelEdgeline - Solid lines shall be placed on intermediate and final. surl"aces within
three calendar days of obliteration.
c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.1.d.
3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER
THAN FOUR FEET
a. Same as Subsection 150.04.E.2. except as noted hi. (b) below.
b. EDGELINES-
(1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and final
surfaces prior to opening to traffic.
(2) Portland Cement Concrete Pavement - Edgelines shall be placed on any surface open to
traffic no later than one calendar day after work is completed on a section of roadway. All
water and residue shall be removed prior to daily striping.
F. APPLICATION OF PAVEMENT MARKINGS: The Contractor shall furnish layout, clean as
necessary, and preline the surface for the placement of pavement markings applied under this
Section. All existing marking tape on final surfaces shall be removed prior to placement of final
markings.
Pavement markings shall re-establish No-PaSsing Zones in the locations and configuration that
existed prior to construction. .Existing No-Passing Zones shall be clearly identified as to location prior
to construction by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new
location projects and on projects where either horizontal or vertical alignments have been modified,
the location of No-Passing Zones will be identified by the Engineer. .-
G. MOBILE OPERATIONS: When pavement markings (centerlines, lane lines, and edge lines) are
applied in a continuous operation by moving vehicles and equipment, the following minimum
equipment and warning devices shall be required in addition to the requirements of the MUTCD:
1. A lead vehicle is required for two-way traffic conditions and shall have an approved sequential
or flashing arrow panel mounted so as to be easiIyvisible to oncoming traffic. A lead vehicle is not
required for low volume off-system routes and one-way traffic applications.
2. The work vehicle applying markings shall have a sequ~ntial or flashing arrow panel mounted on
the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel
shall be mounted so as to be easily visible to oncoming traffic. The work vehicle shall follow
directly behind the lead vehicle.
3. The work vehicle placing cones shall follow directly behind the w~rk vehicle applying the
markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the
rear.
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lJ..I:l' AKl~ 1 UJ:<,fl<.AN;:).t"UKTAT1UN
STATE OF GEORGIA
4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the protection
vehicle shall also display a prominent sign With the legend PASS ON LEFT (RIGHT). On
interstate and limited access roadways, the protection vehicle shall be equipped with a truck
mounted att:enuator (TMA) that is certified for impacts not less than 45 mph in accordance with
NCHRP 230.
6. All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right-
side rear mounted flashing yellow lights.
150.05 CHANNELIZATION
A. GENERAL: Channelization should clearly delineate the travelway tbr'ough the work zone and alert
drivers and pedestrians to conditions created by work activities in or near the travelway.
Channelization shall be done in accordance with the plans and specifications, the MUTCD, and the
following requirements.
1. Types of Devices Permitted for Channelization in Construction Work Zones:
a..' DRUMS:
(1) DESIGN: Drums shall meet the minimum requirement of the MUTCD and shall be
reflectorized as required in Subsection 150.01.C.
(2) APPLICATION: Drums shall be used as the required channelizing device to delineate the
full length of a lane closure, shift, or encroachment, except as modified by this Subsection.
(a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be used on all
transition tapers. The minimum length. of the approach transition taper for a lane closure,
shift, or encroachment for highways with posted speed of 45 mph or greater shall be equal
to the lane width oflateral shift (Ft.) x the posted speed limit (Mph), (L = WS), but not
less than 150 feet For multiple lane closures" only one lane may be closed per taper with .
a minimum tangent length of 2L between tapers. The length of a dosed lane, excluding
the transition taper, will be limited to two mile, unless otherwise approved or directed by
the Engineer. Dru.m.n shall be placed the full length of the taper spaced at maximum
intervals in feet equal to the.numerical speed limit (EXAMPLE: 55 Mph Speed Limit =
55 feet maximum spacing).
For taper lengths on urban. residential or other streets where the posted speed is 40 mph
,or less, the minimum length of the approach transition taper inay be computed using the
formula L = WS2/60. Greater taper length shall be used when required for individual
situations.
Drums with steady burning lights, for the length of the taper only, are required if the
condition exists into the !light
(b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for
various roadside work conditions except as modified by Subsection 150.06. Spacing shall
be used for situations meeting any of the conditions listed as follows:
(1) 50 FOOT SPACING MAXIMUM:
(a) For difference in e~evatione:xceeding two inches.
(b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail
150-E..
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) 100 FOOT SPACING MAXIMUM:
(a) For difference in elevation of two inches or less.
(b) Flush areas where equipment or workers are within ten feet of the travel lane.
(3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than
ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane.
(a) For paved areas eight feet or greater in width that are paved flush with a
standard width travel lane. '
(b) For disturbed shoulder areas not completed to typical section that are flush
to the travel lane and considered a usable shoulder.
When the appropriate signs are posted advising of conditions such as soft; or low
shoulder, drums may be removed after shoulders are completed to typical section
and gTassed and after guardrail or other safety devices have been installed.
b. VERTICAL PANELS:
(1) DESIGN: All vertical panels shall have a minimum of 270 square inches of retro-reflective
area facing the traffic and shall meet the requirements of the MUTCD.
(2) APPLICATION: Lane encroachment by the drum on the travelway should permit a
rpm::linine-Iane width often feet. When encroachment reduces the travelway to less than ten
feet, vertical panels shall be used to restore ilie travelway to ten feet or greater. No other
application of vertical panels will be permitted.
c. CONES:
(1) DESIGN: All cones shall be a minimum of 28 inches in height regardless of application and
shall meet the requirement of the MUTCD.
(2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight
closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime
work will not be permitted.
d. BARRICADES:
(1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III
barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized
as required in Subsection 150.01.C.
(2) APPLICATION: Type III barricades shall be placed as required by the plans~ the
Standards, and as directed by the Engineer.
e. WARNING LIGHTS:
(1) DESIGN: All warning lights shall meet the requirements of the MUTeD.
(2) APPLICATION:
(a) Type A low-intensity flashing lights shall be used as shown in the Plans, the
Standards, and as directed by the Engineer. Flashing lights are not required for advance
warning signs in Subsection 150.03.H. .
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lJJ:U' Al<.T~.NT Uf'" TKAN ~.PORTAnON
STATE OF GEORGIA
(b) Type C Steady-Burn lights shall be used on all tapers when the condition existI into
the night. Steady-bum lights shall also be used as shown in the Plans, the Standards, and
as directed by the Engineer.
f. PORTABLE BARRIERS:
(1) DESIGN: Portable Barriers shall meet the requirements of Section 622 - PRECAST
CONCRETE BARRIER.
(2) APPUCATION: Portable Barriers shall be placed as requ:iI-ed by the plans. standards, and
as directed by the Engineer. When Portable Barrier is located 20 feet or less from a travel
lane, yellow reflectors shall be fixed to the top of the barrier at intervals not greater than 50
feet and shall be mounted approximately two inches above the barrier. The reflectors shall
be either 10" x 10" square Type V (or equal) reflective sheeting mounted on flat-sheet panels,
or 8" diameter center-mounted sealed prismatic reflex reflectors housed in an aluminum
backing with a single grommeted hole.
Approach end of Portable Barrier shall be flared or protected by an impact attenuator (crash
cushion) or other approved treatD:lent in" accordance with Georgia Standard 4960,-
Construction Details and Standard Specifications.
On interstate or other controlled access highways where lane shifts or crossovers cause
opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as
a separator.
B. TEMPORARY SAND LOADED A'ITENUATOR MODULES
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance, relocation, reuse
as required, and removal of Temporary Sand Loaded Attenuator Modules for traffic impact
attenuators. .
2. MATERIALS: Materials used in the Attenuatar shall meet the requirements of Subsection 648.02
for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules _
Stabilizer Drums with Wine Glass shaped Inner Containers.
3. CONSTRUCTION: Temporaxy Sand Loaded Attenuatar Module installation shall conform to the
requirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard
4960 and shall be installed at locations designated by the Engineer.
c. PORTABLE IMPACT ATTENUATORS:
1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation,
maintenance, relocation, reuse as required, and removal of Portable ImpactAttenuators.
2. MATERIALS: Materials 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 showo" on the plans.
D. TEMPORARY GUARDRAIL ANCHO~GE - Type 11:
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance and removal of
Temporary Guardrail Anchorage - Type 11. used for Portable Barrier or temporary guardrail end
treatment.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
2. MATERIALS: Materials used in the Temporary Guardrail Anchorage - Type 11 shall meet the
requirements of Subsection 641.02 of the Standard Specifications and current Georgia Standards
and may be new or used. Materials salvaged from the Project which meet the requirements of
Standards may be utilized if available. The use of any salvaged materials will require prior
approval of the Engineer.
3. CONSTRUCTION: Installation of the Temporary Guardrail Anchorage - Type 11 shall conform
to the requirements of the Plans, current Georgia Standards and Subsection 641.03 of the
Standard Specifications. Installation shall also include sufficient additional guardrail and
appurtenances to effect ilie transition and connection to Temporary Concrete Barrier as required
by the details in Georgia Standard 4960.
150.06 EXCAVATION ADJACENT TO A TRAVEL LANE; Construction work involving, trenching aQjacent
to a travelway shall not begin until the Contractor is able to continuously place the required typical
section to within two inches of the existing pavement elevation, or heal the rem~ining difference in
elevation to the traveled way as shown in Detail 150-E.
ChaDnelization devices and placement during the construction period shall conform to the requirements
of Subsection 150:05 and Details 150-B, 150-C, 150-D, and 150-E shown hereiIi.
In addition to the signs specified in Section 150 and the MUTeD, a W-20 sign with the legend "(LEFT)
(RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream.
of the point where channelization devices are erected on the paving edge.
A. STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-<>ffs in elevation of more. than
two inches between surfaces carrying, or adjacent to, traffic will not be allowed for more than 24
hours. However, where the Contractor has demonstrated the ability to continuously excavate and
backfill in a proficient manner, a single length of excavated area not to exceed 1000 feet may be left
open as a start up area for periods not to exceed 48 hours.
B. ASPHALT BASES/BINDERS: Drop-offs in elevation of more than two inches between surfaces
carrying or adjacent to traffic will not be allowed for more than 48 hours.
C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work
adjacent to the traveled way which involves these types of bases shall be healed within 48 hours after
the curing period is complete for each section placed. D~ring 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 TRA VELWAY: Work such as
drainage stroctures, utility facilities, or any other work which results in a drop-off adjacent to the
travelway shall be performed expeditiously so as to minimize the exposure to the hazard. As soon as
practical, the exx:avation shall be backfilled to the minimum. requirements of Detail 150-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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DEP AL<..TM..CNT Ul' T..KAN~rUKTATION
STATE OF GEORGIA
LocatIon of drums when
.drol'-off exceeds ~ Inches.
NOTEI Drums requrred for th15
10cotlon.5l'oced at 50 FT. Intervals.
tf the traveled way wrdth
rs reduced to less than
to feet by the use of drums..
vertIcal panelS snail be used
rn neu of druna.
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t NEW CONSTRUCTION l'
TRAVEL LANE
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DROP-OFF GREATER THAN 4 INCHES
DETAIL 150-8
Drums spaced at
SO fee't In'tervols.
t
NEW CONSTRUCTION
LocatIon of drums when
drop-off Is 2+ Inc:t1es to
~ Inches.
--:'~------\t '
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~c
TRAVEL LANE
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DROP-OFF OF 2 + INCHES TO 4 INCHES
DET AIL 150-C
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Drums spaced 01'
100 1e.1' Intervals.
LocatIon of drt..rns when
dl"'op-01'1 Is 2 Inches or less.
~ft ~~______\
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NEW CONSTRUCTION
+
. TRAVEL LANE
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DROP-OFF OF 2 INCHES OR LESS
DETAIL 150-0
LocatIon of drums ImmedIately
after completIon of healed sectIon.
spaced a1' SO ft. Intervals.
Compoc1'ed or-oded
aQore~ote,subbose
mOTerlalor dIrt.
TOP OF DRUM TO BE LEVEL
NO STEEPER THAN 4:1
-<:
2 ft. +/- _
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1"
NEW CONSTRUCTION
+
TRAVEL LANE
1r--+
HEALED SECTION
DEI AIL 150-E
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.07 FLAGGING AND PILOT CARS:
A Flaggers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions,
and as required by the Engineer.
B. All flaggers shall meet the requirements of the MUTeD 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). .
C. Flaggers sball wear high-visibility clothing in compliance with the MUTCD and shall use a Stop/Slow
paddle meeting the requirements of the MUTCD for controlling traffic. The Stop/Slow paddles shall
have a shaft length of seven (7) feet minimum. In addition to the Stop/Slow paddle, a .flagger may use
a 24 inches square red/orange .flag as an additional device to attract attention. For night work, the
vest shall have retlectorized stripes on front and back.
D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meet the requirements
of the MUTeD.
E. Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with
the MUTeD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of
the presence of the flagger shall be placed beyond the point where traffic can reasonably be expected
to stop under the most severe conditions for that day's work..,
150.08 ENFORCEMENT: The safe passage of pedestrians and traffic through and around the temporary
traffic control zone, while rnin;m;~g confusion and disruption to traffic flow, shall have priority over all
other Contractor activities. Continued failure of the Contractor to complYwith the requirements of Section
150 (TRAFFIC CONTROL) will result in non-refundable deductioDS of monies from the Contract as shown
in this Subsection for non-performance of Work.
Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending
all other work on the Project, except erosion control and traffic control, taking corrective action as
specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work
on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to
the deductions for non-performance of traffic control.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
. "_'1.':"
SCHEDULE OF DEDUCTIONS FOR EACH CAlENDAR DAY OF DEFICIENCIES OF
TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE
ORIGINAL TOTAL CONTRACT AMOUNT
From More Than To and Includin2' Dailv 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 include all traffic control not paid for separately, and will be paid as follows:
When the first Construction Report is submitted, a payment of 25 (twenty-five) percent of the
Lump Sum price will be made. For each progress payment thereafter, the total of the Project
percent complete shown on the last pay statement plus 25 (twenty-five) percent will be paid Gess
previous payments), not to exceed one hundred (100) percent and subject to normal retainage.
When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the
requirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of
complying with these requirements will not be paid for separately, but shall be included in the overall
bid submittal.
B. SIGNS: When shown as a pay item in the contract, interim special guide signs will be paid for as
listed below. All other regulatory, 'warning, and guide signs, as required by the Contract, will be paid
for under Traffic Control Lump Sum. or included in the overall bid submitted.
1. Interim ground mounted or interim overhead special guide signs will be me8.SUl'ed for payment
by the square foot. This payment shall be full compensation for furnishing the signs, including
supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting,
and final removal from the Project. Payment will be made only one time regardless of the number
of moves required.
2. Remove and reset existing special guide sigDs, ground mount or overhead, complete, in place, will
be measured for payment 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 include only that portion of the sign modified. Payment shall
include materials, removal from posts or supports when necessary, and remounting as required.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
C. .PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622.
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured
as specified in Section 632.
E. TEMPORARY GUARDRAlLANCHORAGE, Type 11: Temporcuy Guardrail Anchorage - Type 11 will
be measured by each assembly, complete in place and accepted according to the details shown in the
plans, which shall also include the additional guardrail and appurtenances necessary for transition
and connection to Temporary Concrete Barrier. Payment shall include all necessary materials,
equipment, labor, site preparation, maintenance and removal.
F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation - Temporary will be
measured as specified in Section 647.
G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in
Section 647.
TEMPORARY, SAND LOADED A'ITENUATOR MODULES: Each Sand Loaded Attenuator Module
of the type specified includes all material components, hardware, incidentals, labor, site preparation'
and maintenance. Each module will be measured for payment by the drum only once regardless of the
number oflocations installed.. Modules to replace those damaged or destroyed by traffic impact will
also be measured by the unit for payment. Upon completion of the project, the modules shall be
removed and retained by the Contractor.
PORTABLE IMPACT ATI'ENUATORS: Each Portable Impact Attenuatorwill 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
d.amage. Each unit will be measured only once regardless of the number oflocations installed, moves
required, or number of repairs necessary because of traffic damage. Upon completion of the project,
the units shall be removed and retained by the Contractor.
J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150.
150.10 PAYMENT:
When shown in the Schedule ofItems in the Proposal, the following items will be paid for separately.
Item No. 150. Traffic Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sum
Item No. 150.. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (C~lor) .............. per Linear Mile
Item No. 150. Traffic Control, Solid Traffic Stripe,
Thermoplastic Inch, (Color) ... .... . . . . . .. . . . . . . .. . . ... .. per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe,
Thermoplastic Inch, (Color) .......................:... per Linear Mile
Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors .......... . . . . . .. per Each
Item No. 150. Traffic Control, Raised Pave;ment Markers _ All Types. . . . . . . . . . . . . . . .. .. per Each
Item No. 150. Interim. Ground Mounted Special Guide Signs. . . . . . . . . . . . . .. . . . .. per Square Foot
Item No. 150. Interim Overhead Special GUide Signs ........................... per Square Foot
7c;z Z
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I Itam No. 150.
I Item No. 150.
Item No. 150.
I Item No. 150.
I Item No. 150.
Item No. 150.
I' Item No. 150.
Item No. 150.
I Item No. 622.
Item No. 632.
I Item No. 64:1
I Item No. 64:7.
ItemNoo 64:7.
I Item No. 64:7.
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DEPARTMENT OF TRANSPORTATION
STArn OF GEORGIA
. ..".:::, ::; :.:' :.. ~". :'
Remove &: Reset Existing Special Guide Signs.
Ground Mount, Complet;e in Place.. . : . . . . .0 . . 0 . . . . . . . . . . . . . . . .. . .. per Each
Remove &: Reset. Existing Special Guide Signs, ,
, Overhead.Complete in Place ........ 0 . . . . . . . . . . . . . . . . . . . . . . . . . . .. Per Each
T:raffic Control, Temporary Sand Loaded Attenuator ModUles ............ per Each
Traffic Control, Portable Impact Attenuator . . . . . . . . . . . . . . . . . . . . . . . . . . .. Per Each
Traffic Control. Pavement Markers, Words and Symbols .. . . . . . . . .. per Square Foot
Traffic Control. Pavement Arrow (Painted) With Raised Reflectors. . . . . . . .. per Each
Modify Special Guide Sign, Ground Mount. . . . ~ . . . . . . . . . . . . . : . . .. per Square Foot
Modify Special Guide Sign, Overhead . . . . . . . . . . . . . . . 0 . . . . . . . . . .. per Square Foot
Precast Concrete Median Barrier ". . . . . . . . . . 0 . . .. . . .. . . . . . : . . . . . .. per Lin~ar Foot
Changeable Message Sign, Portable ............ 0 . . . . . . . . . . . . . . . . . . . . . . per Each
Temporaxy Guardrail Anchorage, Type 11 ... ~ 0 . 0 . . . 0 . . . . . . . . 0 . . . . . . . .. per Each
T:rafiic Signal Installation, Temp ...................................: Lump Sum
Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . . . . . .. per Each
Flashing Beacon Assembly. Cable Supported .. : . . . . . . . . . . . . . . . 0 . . . . . . .. per Each,
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