HomeMy WebLinkAboutWillis Foreman Road Drainage Improvements
Augusta Richmond GA
DOCUMENT NAME: W ~ \ \; s . +O'C~VY\.CM'V '1..0<A6. \)y- 0-.; V'-.(A~~
'I\'"Y\ '?" 0 Ve.. ~.~\-S
DOCUMENT TYPE: l 0 n--\-'1 C,- ~ -\-
YEAR: 0 ()
BOX NUMBER: \ CJ
FILE NUMBER: ~ y ~ '6 ~
NUMBER OF PAGES:
~3
~r
1....1
:1
:~
",
'I
:...1:1. 0.....
-t ._<
,.:-,1
,II
-~I
.~..\I D.-.
.'1 ..
~l
,ii
1~
'.'/"\
!I
)1
',!
ill
III
-I
,.11
- :It
'f
iI.
'....1.!
"
I
,../)
II
-, l.l.l.
'Jf
'II
ill
J!.
~i
i/I
j
.ji
.:1'1
.j
.\
Il,
:1'
'\
j(
'II
;J)
'II
!;
'ji
'1)
'1
'~
,1;
. '.11.
il
:)!
JI
:ji
:11
ill
JI .
'11
'I'
ill
,II
11:
IIi
'II
]
:;1
II
ill
'.ll
II
'11
II!
ill
I i
U
[.'.l
.j
o
U
LJ
U
U
o
t-1
I
J
U
lJ
[j
D
o
o
u
U
L_'~r
"
I~ i
li\- ii(
I-'-~
/F"'-~~~~~~~~ ---
/1J'/li '.." - ~ .
11 f f
nl1i' .
- ~t~lt--
ili!
'[JI
;\,
it.t
1)1'\.....1:..
I"
1I ~
lif
I il,\
l~ I
"Ii
~ji
'I\!
~i\
'I,.i\
Jill;
I Ii I
]';;
JII'
Ill.ll..;
n(1
]\il
'!\i\
il-
tl.i1
11,
.11
J(ll
II,
III,
lql
II-!
'I'
"I'
1."
I !llr..
11 !
1 !
lIlt
'1 i.
Ii. If
III
Iii!
Hli
Ii
Il~.
II'
in
11,11
I,ll
\~
Ii (
III
II: '
it!
\I'i
11l~
i Wi
Ii I
III
Jll!
~Il
\(11
I"
ill
1111
pi
~fl:
, I
u .
'~Jt t -=
--""'::',...{- -
~-l---.- =--~~-
~
I ' ( f ;
:'::'T-"o4:l:~~,,-.:;a,~ ~:.::'/_'~{:,
. . -. c- . -~_
....,....,...., __ __n ___
~ _ .___ _ .. _ _'...c.,... _ _'_ '-'- _
~'.,...,._._.'
fl".'1 I{ '.)\;"1 V.H.T..)f. }\..A. .lryFJLl'l
It .. ~\ ~{ ,'\ h J\JI.!\.. \;! l
')r )1 (r )) f(\ 'n I 'IVJ'1.'T4.1'l'-T '1"1 ~--.:
l?\),."~' ",)I\_,lAl'l~~k1
Jf~i (fi Jf,~J;
'Wi 'j; ..1.i' -~I H~} ,1[[.:'41-((\) l'lC': l~~i 11\'/1: l~, l~l .J';-! 11".>>1&.. '1ft)
\! oj -'" ,d,~}!-. j L~)). ~J.'; \: ,j. 1\." '\] .', '0 ~A.' . J\..,J
.,1! "J') )\ .t,..,f\;_\ ! . '1\. '1.: .t'~)\..~_,.~.J'~']-.~.',4~.. -If "[\/11" 'j!ii 'I: Del \\I1H"lI~.\, fij '.'Jl.ii l\J vT' ~~
. ~.,., '. ~.J< ........~.\,.;'-" 1,\,\\;1 ~ ),l.!.\J.JL.LI._ \l- .JL 1',<'
'.,P) ,H~ f)-,~rll.~\ ft'.') 'Ii \
.' , A ~ \LJi ~JILl Il., ..'
'1\1'1 ('1.:)\ ()
\:\ ( I'
. ~ ,/ () I,)
,,:) t, Ji (, )) " ff'tr At
I ;; r: ;1 f.! ,~_. It}! LJI.. ~
G }I i7 )i. (,)) (;}) 'if; O. .J, r' ; (("D.' ..,1
, .- '-\." (I \.. . .; \L..,. n
~~) (,i)/ i'<,;} \.t,) t<:-} r___....J Ir "f..L.l ...Ll....
:,y;~;7, ~\<< '\ V1T l\~I!?)' "... '" '>
,/;<' ..Jt\\~JJl kIvA ~i/V JI;; ~-;,
it... --- "\ ./7', ~ .\ i -....::: /; // "-
", ."._~, ff L'_.:- -, . ..~___ L }!X\H'. \ ""-, ,<..,;.:..
f I,,") f-~ '1-'-,...... -J i' ' ,,\;\ A (,,.,-'"
/ r~{/~-J1Z~) J :(H)(\'Y \:f!:~ ..,.
If '.,t'l ~ ~-,~ ' ;/ T. II . ~ . '-'i I,
\\~\;;K, 1" "1- V~<if~y ) '
'\:~}'''-1,'-.'<.,~_ f,i'.;/ /, '\\\ -I
"'. '\2' //f.;'~', -=.'"""~~ ".~'} .#
'-::-. .-<t [I Y -~ :-' . \ V 4
''''''''~5--. . '1' v;lr'<<~'l 1\ )~l(\~)j:f"
-".-v II r ), ~ ,\ '-" , . ,/
'-:::'~.. v ~,.J" ~ \'1 \. .",.-"
"
---'----.:=..;, -
..
--- ----.-- ---
--'~~.- .~";"--------~-,..~-------------~.---~----
I
I'
:
I
I
{;
Ii
Ii
I;
p
I
}
.n
,.1. ~.I.
, 111
ii? .
'11:1
!I Ii
,.lH:
W it ";.~
:- \1 II "
:' II ~
!j-'
:!r~ ~-
<< ~i
H
~F il
II :i
I .:
.r it .
,n:
!},.,;1
,II i!-,
i.. if!
, ;1 ',I
Il"
if;"
H
)I:!
I) ;i,
,:\1 ;; ."
.., 1\ ,.
:-:I ~ .'
H_II n
"j i
)1 II
~r:l i:
'.r'l
.:.!'( J
.ij!' :...>
Ii
I :i
" .n
.ll. ~
I.;
"II' ,
!'-
:'i{-;j
.11 :'
: \I L,'
, ) <
:'-' 11 it..
H:.f:
L,. .
'J ,\ '
11,1
f Ii
._.l!i 1.: -,.J
. ;;0, :~ '2 _ '~ll~
..jl i.. ~.
-' 'j . 'I
il "41
. ~! -L '1 P
Ii;! , "rr
ilil ' , ,)
'IIIL... .1 -'
I ii,
i ., ,
~'11:; ,
'I'i
~-11 \1 'j
., ~ t "
II ~
n.,.
~ ,,'
, .. Ij~! .)
'H
II ii ,
liP'
H
\I'i'
I ; c
Ij ;::
<it; ; 1
"-'Ii j; jl
\1 ~.-' .~...
il "
, 'i)'" 'IJ
I.
I
I
f
t
t
,
{
I
,':\.. ~..
THE AMERICAN INSTITUTE OF ARCHITECTS
I
AlA Document A311
Performance Bond
Bond No. GA3520
KNOW ALL MEN BY THESE PRESENTS: that
Nordmann Contracting, Inc.
P.O. Box 16103
Augusta, GA 30906
As Principal, hereinafter called the Contractor, and
Merchants Bonding Company
6850 Austin Center Blvd., #200
Austin, TX 78731
as Surety, hereinafter called the Surety, are held and firmly bound unto
Augusta-Richmond County Commission
181 5 Marvin Griffin Road
Augusta, GA 30906
As Obligee, hereinafter called the Owner, in the amount of
Three Hundred Ninety Eight Thousand Three Hundred Fifty Nine Dollars and No/lOa
Dollars ($398,359.00),
for the payment whereof Contractor and Surety, bind themselves, their heirs, executors, administrators, successors and -
assigns, jointly and severally, firmly by these presents.
WHEREAS,
Contractor has by written agreement dated
. ,
2000, entered into a contract with Owner for
Willis Foreman Road Improvements Project # 322-04-2928-22791
In accordance with Drawings and Specifications prepared by
Which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
-;:~
.>'
.,.
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, a 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
Contraa 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 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 the 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.
SO,O'" .,dS..""",,.;:)5.g, Do, of it. ,,... + 20 00
. () ) 11~ Nordmann Contracting, Inc.
10~_CCCk~ ./11J.1P_wy { ~
~ (WItness) va
~---- -.- ~
-
:/;;" ~' , /;.\
. -.....- ~ ~ : .
: .: \ -~ ~ -., , ;.f ~ -
'r .
'-"'~_ (Seal) ~__." ,,'
V/t' ~--::-~ ~.' ~"a
{
'(Seal) ._
Mary Mulcahey, A
2
,;;-
."
THE AMERICAN INSTITUTE OF ARCHITECTS
I
A/A Document A311
Labor and Material Payment Bond
KNOW ALL MEN BY THESE PRESENTS: that
Nordmann Contracting, Inc.
P.O. Box 16103
Augusta, GA 30906
As Principal, hereinafter called the Principal, and
Merchants Bonding Company
6850 Austin Center Blvd., #200
Austin, TX 78731
as Surety, hereinafter called the Surety, are held and firmly bound unto
Augusta-Richmond County Commission
181 5 Marvin Griffin Road
Augusta, GA 30906
As Obligee, hereinafter called the Owner, for the use and benefit of claimants as herein below defined, in the amount of
Three Hundred Ninety Eight Thousand Three Hundred Fifty Nine Dollars and No 00/100
Dollars ($398,359.00),
for the payment whereof Contractor and Surety, bind themselves, their heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents.
WHEREAS,
Principal has by written agreement dated
2000, entered into a contract with Owner for
Willis Foreman Road Improvements Project #322-04-2928 22791
In accordance with Drawings and Specifications pr,epared by
Which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
3
.:-t 'f.
~~
-,
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as herein
defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be
void; otherwise it shall remain in full force and effect, subject, however, to the following conditions.
1.
A Claimant is defined as one having a direct contract with
the principal or with a Subcontractor of the Principal for
labor, material, or both, used or reasonably required for
use in the performance of the Contract, labor and material
being construed to include that part of water, gas, power,
light, heat, oil, gasoline, telephone service or rental of
equipment directly applicable to the Contract.
2.
The above named Principal and Surety hereby jointly and
severally agree with the Owner that every claimant as
herein defined, who has not been paid in full before the
expiration of a period of ninety (90) days after the date on
which the last of such claimant's work or labor was done
or performed, or materials were furnished by such
claimant, may sue on this bond for the use of such
claimant, prosecute the. suit to final judgement for such
sum or sums as may be justly due claimant, and have
execution thereon. The Owner shall not be liable for the
payment of any costs of expenses of any such suit.
3.
No suit or action shall be commended hereunder by any
claimant:
a) Unless claimant, other that one having direct contract
with the Principal, shall have given written notice to any 4.
two of the following: the Principal, the Owner, or the
Surety above named, within ninety (90) days after such
claimant did or performed the last of the work or labor, or
furnished the last of the materials for which said claim is
made, stating with substantial accuracy the amount
claimed and the name of the party to
Whom the materials were furnished, or for
whom the work or labor was done or performed. Such
notice shall be served by mailing the same by registered
mail or certified mail, postage prepaid, in an envelope
addressed to the Principal, Owner or Surety, at any place
where an office is regularly maintained for the
transaction of business, or served in any manner in
which legal process may be served in the state in which
the aforesaid project is located, save that such service
need not be made by a publiC officer.
b) After the expiration of one (l) year following the date
on which Principal ceased Work on said Contract, it
being understood, however, that if any limitation
embodied in this bond is prohibited by any law
controlling the construction hereof such limitation shall
be deemed to be amended so as to be equal to the
minimum period of limitation permitted by such law.
c) Other than is a state court of competent jurisdiction in
and for the county or other political subdivision of the
state in which the Project, or any part thereof, is
situated, or in the United States District Court for the
district in which the Project, or any part thereof, is
situated, and not elsewhere.
d)
The amount of the bound shall be reduced by and to the
extent of any payment or payments made in good faith
hereunder, inclusive of the payments by Surety of
Mechanics' liens which may be filed of record against said
improvement, whether or not claim for the amount of such
lien be presented under and against this bound.
Signed and Sealed this c:0..~
Day of A-~usf-
20
00,
~~ra/~ ,J,0 Mci1
~,(~/J{
Nordmann Contracting, Inc.
.......~.... . .....;....
_. :.~':.:.'-:.. f. ".
. :- -::-' "":{s...ea/) -::-- ~
:CJ~:,> l' --
.
{
Cl~Z"-
(Tit/e)
Merchants Bonding Company
{
(Seal) .
Mary Mulcahey, Attorney-in-Fact.
4
~. c" 1::
".,...
LYl.erCnanl::; our lUU 19 LUlllpCU LY
(NfliTUAU .
POWER OF ATTORNEY
;"
Know All Persons By These Presents. that the ME?lC:,ANTS BONDING COMPANY (MUnJAL), a corporation duly organized under me
laws of the Slate of Iowa. and having its principal office in the City of Des Moines, County of Polk. Slate of Iowa. hath made. c:;nsntuted
and appointed. and does by these presents make. constitute and appoint
Fitzhugh K. Powell, Fitzhugh K. Powell, Jr./ Robert T. Theus,
Wendy Dygert and/or Mary Mulcahey
of Jacksonville and State of Florida its true and lawful Attomey-in-FaC'.. with full power
and authority hereby conferred in its name. place and stead. to sign. exec:.Jte. acknowledge and deliver in its :Jehalf as surety any and all
bonds. undertakings, recognizances or orher written obligations in the nature thereaf. subjea to the limitation thai any suct, inStrUment shall
not exceed the amount at
'IWO MILLION ($2/000/000.00) Dollars
and to bind the MERCHANTS BONDING. COMPANY (MUTUAL) thereby as tully and to the same extent as if sue:: band or undertaking was
signed by the duly authorized officers of'tf1e ME::lCHANTS 30NDING CO,'"IP.o,NY (MUTUAL). and ail such aC'.s of said Attomey-in-Fac:.
pursuant to the.autf1ority herein given. are hereby ratified and confirmed.
This Power-af-Attom.ey is made and eXeC'.Jted pursuant to and by authority of the following Amended Substituted and Restated 3y-Laws
adopted by me Board at DireC:ors of the ME.=lCHANTS BONDING COMPANY (MUTUAL) an Oc:ober 3.1992.. -
ARTICLE II. SECTION 8. - The Cl1airman at the Board or President or any Vice Presicent or Secretary si':aJl have power and autf1or-
ity :0 appoint .-l.ttorneys-in-Fac:. ana to authorize them to exec:.Jte on jenalf at the C.::lmpany. and attae:: ;he Seal of the ~mpany
theretO. bonds and undertakings. recognizances. ccrrrrac:s at indemnity ana other writings obligarory in ;he nature thereoi.
ARTICLE II. SECTION 9. - The signature at any autt,orized officer anc the Seal at the C.::lmpany may be affixed by facsimile to arr<!
Power at Attorney or Certification thereat au!i'1orizing the exec:.Jtion a.~a ,jeiivery at 3.ny bond. '.Jnder.a.~ng. rec:gnizance. or omer
sure!yship obligations oi the C.::lmpany, and such sic;;:;arure and seal when 50 usad si':all have tne same force and eitae: as though
manually fixed.
In Witness Whereat ME;:;cHANi'S BONDING COMP.~,'JY (MUi'UAL) has caused these ~resants ;0 be sigr:ed by its President and its
corporate saal to be hereto affixed. this 1st day oi January . 1999 .
.......
.. ~G C .. ME;:;CHANTS BONDING COMPANY (MUTUAL)
. 0 ~ '\) :. . . . . . . ~."";o. . .
:'()~..,~ ~ PO t9 ".~..
. _ : " -1..... '. ~ .
:~:'~ -0- ~:_:
._w ""0.3:
.~'. 1933 ::
. .f_", : " .
. --'C;l' . :-,..
.. ~'" .,~~ 0
. ~!.I~...:..,\,,\ ..
. ~r ...- '.
. .... .
.......
" /~-"1
r
.~f'U1(1S1tt
7;4-
57;",: OF IOWA
COUNTY OF ?OLK
55.
On this 1st ,cay oi Jaril,.lary . 1999 . beiora me ac:eared '..3.TT"1 i'aylor. to me
personally ~nown, who being by :ne culy sworn did 5ay thai he is .~residenr at the ME;:;CHANTS SONDING COMPANY (MUTUAL;, u~e
corporation desc:ibed in the foregoing insrrument. ana that the Seal affixec :0 the said ins,Iumenr is the C.:rporate Seal oi the said
Corporation and that ;he said insrrumen, was signed and sealed in Oehall of saie Corporation oy authority or its :loara Of qirecors.
~
In Testimony Whereat. I have hereunto set my hand and affixed my Official Seal at the City at Des Moines. Iowa. the day and year firs,
above written.
STA~ OF IOWA
COUNTY OF POLl( ss.
......
..- -'.
. M 0
:0 -?- 'f... c: c...
. " ,., .-.... (~ .
.' ~ .00 00 .", a.
.a:: '.z.
: : IOWA J :
.. .
. ~ 00 .: -.../ .
.. 0,. ........... '<,~ :
... -4iTJA\..c; ...
a, .-
.........
~ ;( lJ?(~;,
Notary P:/blic. .=otk C,Junry. Iowa
I. William Warner. Jr.. Sec;eiary ot ttle ME::iCHANTS BONDING COMPANY (MUTUAL), do hereby certify that the above and foregoing
is a true and correa copy at ;he POWE::i-QF.ATTORNEY. executed by said ME.=iCHANTS BONDING COMPANY (MUTUAL). wOiC.1 is SlI11
in force and effect.
In Witness Whereat, I have hereunto set my hand and affixed the Seal ot tf1e Company on
this day at ....... h~J. s.a.~~?t.
..'\~G CO... U.J '
. ~'\) ....... "';0.
..~~..<:; ~P 0 ,f.; .."'; 00
.." ......;.4.
. c.,:~ - I"f\'..
:~;- -0- c:--
MSC 08'" (2198) :. 4.:. 1933 .: ~:
.~'. :;;.
.""0:' ..~:
.0 :;ii;''':''''\''\~,.
. . . ":.Z . . .
......
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
LIST OF PROJECT DOCUMENTS
WILLIS FOREMAN ROAD DRAINAGE IMPROVEMENTS
Project Number: 322-04-292822791
SECTION
PAGES
Instruction to Bidders
IB-l thruIB-3
Georgia Prompt Pay Act
PPA-l thru PPA-2
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-l thru SC-2
Proposal
P-l thru P-4
General Notes
G-l thru G-13
Traffic Control
TC-l thru TC-23
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 of the ground, the character, quality and
quantity of the facilities needed preliminary to and during the prosecution of the work,
the general and local conditions, and all other matters which can in any way affect the
work or the cost thereof under the contract. No oral agreement or conversation with any
officer, agent, or employee of the Owner, either before or after the execution of the
contract, shall affect or modify any of the terms or obligations therein.
IB-Q3
ADDENDA AND INTERPRET A TIONS
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
Director of Public Works, 1815 Marvin Griffin Road, Augusta, Georgia 30906, and to be
given consideration must be received at least seven 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 days 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.
IB-l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
IB-04
PREPARATION OF BIDS
Bids shall be submitted on the forms provided and must be signed by the
bidder or his authorized representative. Any corrections to entries made on bid forms
should be initialed by the person signing the bid.
Bidders must quote on all items appearing on the bid forms, unless
specific directions in the advertisement, on the bid form, or in the special specifications
allow for partial bids. Failure to quote on all items may disqualify the bid. When
quotations on all items are not required, bidders shall insert the works "no bid" where
appropriate.
Alternative bids will not be considered unless specifically called for.
Telegraphic bids will not be considered. Modifications to bids already
submitted will be allowed if submitted by telegraph prior to the time fixed in the
Invitation for Bids. Modifications shall be submitted as such, and shall not reveal the
total amount of either the original or revised bids.
Bids by wholly owned proprietorships or partnerships will be signed by all
owners. Bids of corporations will be signed by an officer of the firm and his signature
attested by the secretary thereof who will affix the corporate seal to the proposal.
NOTE: A 10% Bid Bonds is required in all cases.
IB-OS
BASIS OF AWARD
The bids will be compared on the basis of unit prices, as extended, which
will include and cover the furnishing of all material and the performance of all labor
requisite or proper, and completing of all the work called for under the accompanying
contract, and in the manner set forth and described in the specifications.
Where estimated, quantities are included in certain items of the proposal,
they are for the purpose of comparing bids. While they are believed to be close
approximations, they are not guaranteed. It is the responsibility of the Contractor to
check all items of construction. In case of error in extension of prices in a proposal, unit
bid prices shall govern.
IB-2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 perform the work and the bidder shall furnish to him all such
additional information and data for this purpose as may be requested. The Owner
reserves the right to reject any bid if the evidence submitted by the bidder or investigation
of him fails to satisfy the Owner that such bidder is properly qualified to carry out the
obligations of the contract and to complete the work contemplated therein. Part of the
evidence required above shall consist of a list of the names and addresses of not less than
five (5) firms or corporations for which the bidder has done similar work.
IB-07
PERFORMANCE BOND
At the time of entering into the contract, the Contractor shall give bond to
the owner for the use of the owner and all persons doing work or furnishing skill, tools,
machinery or materials under or for the purpose of such contract, conditional for the
payment as they become due, of all just claims for such work, tools, machinery, skill and
terms, for saving the owner harmless from all cost and charges that may accrue on
account of the doing of the work specified, and for compliance with the laws pertaining
thereto. Said bond shall be for the amount of the contract satisfactory to the owner and
authorized by law to do business in the State of Georgia.
Attorneys-in-fact who sign bonds must file with each copy thereof, a
certified and effectively dated copy of the power of attorney.
IB-08
REJECTION OF BIDS
These proposals are asked for in good faith, and awards will be made as
soon as practicable, provided satisfactory bids are received. The right is reserved,
however to waive any informalities in bidding, to reject any and all proposals, or to
accept a bid other than the lowest submitted if such action is deemed to be in the best
interest of the Owner.
IB-3
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
GEORGIA PROMPT PAY ACT
This Agreement is intended by the Parties to, and does, supersede any and all provisions
of the Georgia Prompt Pay Act, a.c.G.A. Section 13-11-1, et seq. In the event any
provision of this Agreement is inconsistent with any provision of the Prompt Pay Act, the
provision of this Agreement shall control.
All claims, disputes and other matters in question between the Owner and the Contractor
arising out of or relating to the Agreement, or the breach thereof, shall be decided in the
Superior Court of Richmond Count, Georgia. The Contractor, by executing this
Agreement, specifically consents to venue in Richmond County and waives any right to
contest the venue in the Superior Court of Richmond County, Georgia.
Notwithstanding any provision of the law to the contrary, the parties agree that no interest
shall be due Contractor on any sum held as retainage pursuant to this Agreement and
Contractor specifically waives any claim to same.
NOTICE
All references in this document, which includes all papers, writings, drawings, plans or
photographs to be used in connection with this document, to "Richmond County Board of
Commissioners" shall be deemed to mean "Augusta Richmond County Commission-
Council and all references to "Chairman" shall be deemed to mean "Mayor".
DISPOSALS
Prior to any material from this project being wasted or otherwise disposed of outside the
project limits the Contractor shall furnish the Engineer a copy of written permission,
signed by the property owner (or his authorized agent) describing the estimated amount
and type of material to be placed on said property. If any portland cement concrete,
asphaltic concrete, wood or other such materials
PPA-l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
are to be wasted on the property, a copy of the owner's inert landfill permit, issued by the
Environmental Protection Division shall be furnished to the Engineer prior to any such
waste being removed from the project.
In all cases, regardless of the material being wasted, a grading permit issued by Augusta
Richmond County must be furnished to the Engineer.
PPA-2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 proj ect 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 proj ect.
The bidders shall include with their bid, a statement of qualification for
themselves and/or any qualified subcontractors explaining why they should be considered
a minority or economically disadvantaged firm. If the firm does not fall into this
category, no information is necessary.
ME-l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
WILLIS FOREMAN ROAD DRAINAGE IMPROVEMENTS
Project No: 322-04-292822791
SPECIAL CONDITIONS
SCOPE:
This project consists primarily of drainage related work which includes,
but is not limited to, piping, ditch construction, drop inlets, manholes, yard
drains, rip rap and asphalt overlay in accordance with the plans and
contract documents. The Contractor shall furnish all materials, equipment,
labor and supervision needed to properly complete this project.
TERMINI AND LENGTH:
an Willis Foreman Road: Line "A" begins approximately 1900' North of
Jimmy Buffet Road and extends southerly to Jimmy Buffet Road.
Line "B" begins just east of Hunter's Glen Road and extends southerly
approximately 950' along the rear of lots fronting on Hunter's Glen Road.
an Fox Den Road: Line "c" begins south of Walton Acres Drive and
extends southerly approximately 380' to an existing drop inlet.
The existing roadway ditch along the easterly side of Fox Den Road shall
be regraded and stabilized from the existing concrete paved ditch at 1056
Fox Den Road to the beginning of Line "C".
LUMP SUM CaNSTRUCTIaN:
Item Number 230-1000 Lump Sum Construction, includes, but is not
limited to, locating, maintaining, and reclaiming waste and/or disposal
areas, construction layout, removals and/or relocations not covered by a
pay item, and any work not covered by a pay item such as those listed
under lump sum construction beneath the detailed estimate on plan sheet
No.3.
STORM DRAIN PIPE:
All RCP shall include O-ring gaskets.
REGRADE ROADWAY DITCH:
an Fox Den Road the contractor shall extend the existing concrete paved
ditch at 1056 Fox Den Road to the nearest driveway pipe (approximately
30'). The remainder of the ditch (approximately 1000') shall be regraded
to match existing driveway pipe inverts. The ditch shall then be stabilized
SP-l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
NOTr CE:
with permanent grass and/or sod. NOTE: All work described under
REGRADE RaADWAY DITCH shall be included in the price bid for
Item 230-1000, Lump Sum Construction.
All bidders should note the changes to Article IB-03, Addenda and
Interpretations on page IB-l. This may seriously affect how far in
advance of the proposed bid opening date you examine the contract
documents.
Changes are in bold letters!
SP-2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTIaN A
AGREEMENT
THIS AGREEMENT, made on the J5!!aay of 54u q
Augusta-Richmond County Commission
, 2~ by and between
party of the first part, hereinafter called the aWNER, and NO(Z.:7?M~ J
C.a,rrfW>c.:'n r.../ 0 I I,..J <::: .
party of the second part, hereinafter called the CaNTRACTOR.
WITNESSETH, that the Contractor and the awner, for the considerations hereinafter
named, agree as follows:
ARTICLE I - SCaPE OF THE WaRK
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:
Willis Foreman Road Drainage Improvements
Project Number: 322-04-292822791
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 - LIaUIDATED 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 185 calendar days with such extensions oftime as are
provided for in the General Conditions.
It is hereby understood and mutually agreed, by and between the Contractor and
the Owner, that the date of beginning, rate of progress and the time for completion of the
work to be done hereunder are ESSENTIAL CONDITIaNS of this contract. Contractor
agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such
rate of progress as will insure full completion thereof within the time specified. It is
expressly understood and agreed by and between the Contractor and the awner, that the
time for completion of the work described herein is a reasonable time for completion of
the same, taking into consideration the average climatic range and construction
conditions prevailing in this locality.
A-I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO
COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the .
Contractor does hereby agree, as a part of the consideration for the awarding of this
contract, to pay the Owner the sum of Five Hundred Dollars ($500), not as a penalty, but
as liquidated damages for such breach of contract as hereinafter set forth, for each and
every calendar day that the Contractor shall be in default after the time stipulated in the
Contract for completing the work.
The said amount is fixed and agreed upon by and between the Contractor and the
Owner because of the impracticability and extreme difficulty of fixing and ascertaining
the actual damages the awner would, in such event, sustain, and said amounts shall be
retained from time to time by the awner from current periodical estimates.
It is further agreed that time is of the essence of each and every portion of this
Contract and the specifications wherein a definite portion and certain length of time is
fixed for the additional time is allowed for the completion of a work, the new time limit
fixed by extension shall be the essence of this contract.
ARTICLE III - PAYMENT
(a) The Contract Sum
The owner shall pay to the Contractor for the performance of the contract
the amount as stated in the Proposal and Schedule of Items. No variations shall be made
in the amount except as set forth in the specifications attached hereto.
(b) Progress Payment
On no later than the fifth day of every month, the Contractor shall submit
to the Owner's Engineer, an estimate covering the percentage of the total amount of the
Contract which has been completed from the start of the job up to and including the last
working day of the proceeding month, together with such supporting evidence as may be
required by the Owner and/or the Engineer. This estimate shall include only the
quantities in place and at the unit prices as set forth in the Bid Schedule.
On the vendor run, following approval of the invoice for payment, the
awner shall after deducting previous payments made, pay to the Contractor 90% of the
amount of the estimate on units accepted in place. The 10% retained percentage may be
held by the Owner until the final completion and acceptance of all work under the
Contract.
A-2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
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 fmds
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 fmal 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) Each payment shall be made under the terms and conditions governing
final payment, except that it shall not constitute a waiver of claims.
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.
A-3
();{I j)/)j Au M t OA.l1iYl~ TlltJ (; / ;..J (! .
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
AUGUSTA-RICHMOND CaUNTY COMMISSION
(awner)
By:
SEAL
Title:
Address: IO.6~ /6/05
tiU~~h~
Attest
~J
-
. ~... \ -
- -.... -
~ IJ ,V>'\~
Secretary
go ~.(;-~
~
A-4
.- :. -
~-
..,.1'--;'
. -:: .: -
- '" -
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
GENERAL CONDITIONS
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number
Title
.,
DEFINITIONS. ......... . . ............. .......... .... .... ........ ...
PRELIM IN AR Y MA TIERS ........................................
CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE...............................
A V AILABILlTY OF LANDS: PHYSICAL CO:--lDITIONS:
REFERENCE POINTS....... .......................................
BONDS AND INSURANCE........................................
CONTRACTOR'S RESPONSIBILITIES ............................
OTHER \VORK .................................. ........... ........
OWNER'S RESPONSIBILITIES....................................
ENGINEER'S STATUS DURI:--IG CONSTRL'CTION ..............
CHA;\IGES IN THE WORK............... .... .. ..... .. ... ...... ....
CHANG E OF CONTRACT PRICE.. .. .... ... .. .. .. .. .. .. .... .. .. .. .
CHANGE OF CONTRACT TIME....... ............................
WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK............... ......... ...
PA Y~lENTS TO CONTRACTOR AND COMPLETION ............
SUSPENSION OF WORK AND TERMINATION....... ..........
ARBITRATION.................................................... .
MISCELLANEOUS................................................ .
3
4
5
6
7
8
9
10
11
11
13
14
15
16
17
3
Page
.,
I
8
9
10
II
14
18
19
19
21
21
24
24
26
29
31
32
I
I
INDEX TO GENERAL CONDITlaNS
I
Article or Paragraph
Number
Acceptance ofIns urance ............................. 5.13
Access to the Work .................................. 13.2
Addenda-<fetinition of (see detinition of
Specifications I ...........:............................ I
Agreement-<fefinition of ................................ I
All Risk !nsunnce ..................................... 5.6
Amendment. Written............................. 1. 3.1.1
Application for Pa yment-definition or .................. 1
Application for Pa yment. Final ...................... 14.12
Application for Progress Payment .................... 14.2
Application for Progress Payment-review or .... 14.4- 14. 7
Arbitration ............................................. 16
Authorized Variation in Work......................... 9.5
A vailabiIity of Lands .................................. 4.1
Award. Notice of--<lefined .............................. 1
I
I
I
I
I
Before Starting Construction ...................... 2.5.2.7
Bid-:iefinition of ....................................... 1
Bonds and Insurance-in general ........................ 5
Bond~efinition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 1
Bonds. Delivery of ............................. _. 2.1. 5. I
Bonds. Performance and Other .................... 5.1-5.2
I
I
Cash Allowances ..................................... 11.8
Change Order-:iennition of ............................. 1
Change Orders-to be executed ...................... 10.4
Changes in the Work................................... 10
Claims. Waiver of-on Final Payment ............... 14.16
Clarifications and Interpretations ...................... 9.4
Cleaning ......,...................................... 6.17
Compietion . .. . . .. ............... . .............. ........ 14
Compietion. Substantial......................... 14.8-14.9
Conference. Preconstruction .......................... 2.3
Conflict. Error. Discrepancy-Contractor
to Report ..,................................... 2.5. 3.3
Construction Machinery. Equipment. etc. ............. 6,4
Continuing Work ..................................... 6.29
Contract Documents-amending and
supplementing ............ ....................... 3.4-3.5
Contract Documents--definition of ....................... I
Contract Documents-Intent...................... J.I~3.3
Contract Documents-Reuse of ....................... 3.6
Contract Price. Change of .............................. 11
Contract Price--.:lerinition ...............................1
Contract Time. Change of .............................. I:
Contract Time. Commencement of ....................2.3
Contract Time--.:lefinition of ........................ ..... 1
Contractor-derinition ot" ................................ 1
COntraclor May Stop Work or Terminate ............. 15.5
Contractor's Continuing Obligation .................. 14.15
Contnctor's Duty to Report Discrepancy
in Documents .................................. 2.5. 3.:
Contr:lctor's Fee-Cost Plus ... 11.4.5.6. 11.5.1. 11.6-11.:'-
Contr:lctor's Liability Insurance....................... 5.3
Contractor's Responsibilities-in general ................. 6
I
I
I
I
I
I
I
I
I
Contractor's Warranty of TitJe ........................ 14.3
Contractors--other ...................................... 7
Contractual Liability Insurance ........................ 5.4
Coordinating Contractor-<iefinition of .......... .'..... 7.4
Coordination .......................................... 7.4
Copies of Documents............. .... .... ............. 2.2
Correction or Removal of Defective Work ........... 13.11
Correction Period. One Year ........................ 13.12
Correction. Removal or Acceptance of Defective
Work-in general ........................... 13.11-13.14
Cost-net decrease ...................:............. 11.6.2
Cost of Work.................................... 11.4-11.5
Costs. Supplemental. . .. . . . . . . . . . . . .. . .. . . . . . . . . . '" 11.4.5
Day-definition of ....................................... 1
Defective-definition of ................................. I
Defective Work. Acceptance of . .. .... ........ ....... 13.13
Defective Work. Correction or Removal of .......... 13.11'
Defective Work-in general............... 13.14.7.14.11
Defective Work. Rejecting ..... .. .. .. . . .. . .. .. .. .. . .... 9.6
Definitions .............................................. 1
Delivery of Bonds ..................................... 2.1
Determination for Unit Prices ........................ 9.10
Disputes. Decisions by Engineer. ................ 9.11-9.12
Documents. Copies of ................................. 2.2
Documents. Record ..................................6.19
Documents. Reuse .............................. .'..... 3.6
Drawings-definition of ................................. I
Easements ............................................ 4.1
Effective date of Agreement-definition of . . . . . . . . . . . . . .. 1
Emergencies ......................................... 6.:::
Engineer-<iefinition of .................................. I
Engineer's Decisions............................ 9.10-9.]2
Engineer's-Notice Work is Acceptable............. 14.13
Engineer's Recommendation of Payment ...... 14.4. 14.13
Engineer's Responsibilities. Limitations
on ................. 6 . 6 ,9. 11 ,9.13 -9 .16 , 18 . 2
Engineer's Status During Construction-in general ...... 9
Equipment. ubor. Materials and.. ................ 6.3-6.6
Equivalent Materials and Equipment .................. 6. i
Explorations of physical conditions ................... 4.2
Fee. Concractor's-Costs Plus....... ................. 11.6
Field Order-<iefinition of ............................... 1
Field Order-issued by Engineer ................ 3.5. I. 9.5
Final Applic:llion for Payment....................... 14.12
Final Inspection ..................................... /4.1]
Final Payment and Acceptance...................... /4.13
Final Payment. Recommendation of ........... 14.13-14.14
General Provisions .............................. 17.3-1 i.4
General Requirements-definition of. . .................... I
General Requirements-principal
references to ................. 2.6. '*.4. 6.4. 6.6-6.7.6.23
J.
I
I
Giving Notice. ...................... ...... ........... 17.1
Guarantee of Work-by Contractor................... lJ.I
:1
Indemnification ............................. 6.30-6.32. 7.5
Inspection. Final . '.. ... ........................,..... 14.11
Inspection . Tests and ................................. lJ.3
Insurance. Bonds and-in general ....................... 5
Insurance. Certificates of ........................... Z. 7. 5
Insurance-completed operations...................... 5.3
Insurance. Contractor's Liability ...................... 5.3
Insurance. Contractual Liability ..................,.... 5.4
Insurance. Owner's Liability .......................... 5.5
Insurance. Property .............................. 5.6-5.13
Insurance-Waiver of Rights ......................... 5.11
Intent of Contract Documents ................... 3.3.9.14
Interpretations and Clarifications ...................... 9.4
Investigations of physical conditions................... 4.2
I
I
I
I
Labor. Materials and Equipment .................. 6.3-6.5
Laws and Regulations-<iefinition of ..................... I
Laws, and Regulations-general..................... .. 6.14
Liability Insurance-Contractor's ..................... 5.3
Liability Insurance-Owner's ......................... 5.5
Liens-<iefinitions of ................................ 14.2
Limitations on Engineer's
Responsibilities ..................... 6.6. 9.11. 9.13-9.16
I
I
M.aterials and equipment-furnished by Contractor .... 6.3
Materials and equipment-not
incorporated in Work .............................. 14.2
Materials or equipmem-equivalent .......,..,........ 6.7
Miscellaneous Provisions ............................... 17
Multi-prime contracts ................................... 7
I
I
Notice. Giving of ..................................... li.l
Notice of Acceptability of Project ................... 14.13
Notice of A ward-definition of .......................... I
Notice to Proceed-detinition of . . ..... .... ..... ... ...... I
Notice to Proceed-giving of ................,......... 2.3
I
I
"Or-Equal" Items..................................... 6.7
Other contractors ....................................... 7
Other work .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . " 7
Overtime Work-prohibition of ....... ... ,........... .. 6.3
Owner-definition of .................................... 1
Owner May Correct Defective Work................. 13.14
Owner May Stop Work. . ... ... .. .......... .......... 13 .10
Owner May Su'spend Work. Tenninate .......... 15.1.15A
Owner's Duty co Execute Change Orders ............. 11.8
Owner's Liabilicy Insumnce ........................... 5.5
Owner's Representative-Engineer to serve as ........ 9.1
Owner's Responsibilities-in general .................... 8
Owner's Separ:lte Representative at site............... 9.3
'1'
I
I
I
Partial Utilization .................................. 14.10
Partial Utilization-dennition of .....,................... I
Partial Utilization-Property Insurance............... 5.15
Patent Fees and Royalties............................ 6.12
Payments. Recommendation of ........... 14.4-14.7.14.13
Payments to C)Ocractor-in geneml .................... 14
I
I
Payments to Contractor-when due ........... 14.4. 14.13
Payments to Contractor-withholding ................ 14.7
Perfonnance and other Bonds ..................... 5.1-5.2
Pennits ..... ...... .................. ........., ........ 6.13
Physical Conditions ................................... 4.2
Physical Conditions-Engineer's review ............. 4.2.4
Physical Conditions-existing structures... .. .. . . .. .. 4.2.2
Physical Conditions-explorations and repons ....... 4.2.1
Physical Conditions-possible document change ..... 4.2.5
Physical Conditions-price and time adjustments .... 4.2.5
Physical Conditions-report of differing ............. 4.2.3
Physical Conditions-Underground Facilities .......... 4.3
Preconstruction Conference ........................... 2.8
Preliminary Matters ..................................... 2
Premises, Use of ................................ 6.16-6.18
Price. Change of Contract .............................. 11
Price.Contract-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-definition of .................................... 1
Project Representation--provision for ................. 9.3
Project Representative, Resident-detinition of .......... 1
Project. Starting the ..................,................ 2,4
Property Insurance ............................... 5.6-5.13
Property Insurance-Partial Utilization ............... 5.15
Property Insurance-Receipt and Application
of Proceeds ................................... 5.12-5.13
Protection. Safety and........................... 6.20-6.21
Punch list ........................................... 14.11
Recommendation of Payment.. ... .... ......... 14.4. 14.13
Record Documents ................................... 6.19
Reference Points ...................................... 4,4
Regulations. Laws and ............................... 6.14
Rejecting Defective Work ............................. 9.6
Related Work at Site .............................. 7.1-7.3
Remedies Not E:'Cclusive ............................. 17.4
Removal or CorrectioD of Defective Work .........., 13.11
Resident Project Representative-<lefinition of . . . . . . . . . .. I
Resident Project Representative-provision for...... .. 9.3
Responsibilities. COOlractor's-in general ............... 6
Responsibilities. Engineer's-in general ................. 9
Responsibilities. Owner's-in general.................... 8
Retainage ............................................ 14.2
Reuse of Documents .............,..................., 3.5
Rights of Way ......................................... 4.1
Royalties. Patent Fees and ........................... 6.12
Safety and Procection ....... 6.20-6.21, 18.1-18.2
Samples. .. .... . .. . ... ... '" ......... .......... " 6.23-6.28
Schedule of progress ........ 2.6.2.8-2.9.6.6.6.29. 15.2.6
Schedule of Shop Drawing
submissions...................... 2.6.2.8-2.9.6.23. 14.1
Schedule of values ...................... 1.6.2.8-2.9. 14.1
Schedules. Finalizing. ........ .... . ... ...... ...... ..... 2.9
Shop Drawings and Samples. .. .... .............. 6.23-6.28
Shop Drawings-definition of . .. ...... ...... .... ........ " 1
Shop Drawings. use to approve
substitutions...................................... 6.7.3
5
I
I
I
Site, Visits to-by Engineer ........................... 9.2
Specifications-definition of ............................. 1
Starting Construction. Before..... . . . .. . . . . . . . . . . .. 2.5-2.8
Starting the Project ..................................... 2.4
Stopping Work-by Contractor....................... 15.5
Stopping Work-by Owner.......................... 13.10
Subcontractor-definition of . . . . . . . . . . . . . .. . . . . . .. . . . . . " 1
Subcontractors--in general ....................... 6.8-6.11
S ubcontracts--required provisions ............ 5.11.1. 6.11
11.4.3
Substantial Completion-cenification of .............. 14.8
Substantial Completion--<lefinition of . . .. . . . . . . . . . . . . . . .. I
Substitute or "Or-Equal" Items....................... 6.7
Subsurt'ace Conditions. . . . . . " . . . . . . . . .. . . . . . . . . . .. 4.2-4.3
Supplemental costs ................................. 11.4.5
Supplementary Conditions-<iefinition of ................ 1
Supplementary Conditions-principal
references to ., 2.2,4.2.5.1. 5.3, 5.6-5.8, 6.3. 6.13,6.23,
7.4, 9.3
Supplementing Contract Documents. .. . . . . . .. .. . . " 3.4-3.5
Supplier-definition of . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . .. 1
Supplier-principal references to ... 3.6. 6.5. 6.7-6.9. 6.20.
6.24,9.13.9.16.11.8.13.4.14.12
Surety-consent to payment......... ..,...... 14.12, 14.14
Surety-Engineer has no duty to ..................... 9.13
Surety-notice to '" .. .. .. .. .. .. .. . .. .. .... 10.1. 10.5, 15.2
Surety-qualification of ........................... 5.1-5.2
Suspending Work. by Owner ......................... 15.1
Suspension of Work and Termination-in general....... IS
Superintendent-Contractor's ......................... 6.2
Supervision and Superintendence. . . . . . . . . . . . . . . . .. 6.1-6.2
I
I
I
I
I
I
I
I
Taxes--Payment by Contractor... ....... ............. 6.15
Termination-by Contractor.......................... 15.5
Termination-by Owner... .. .... ................ 15.2-15.4
Termination. Suspension of Work and-in general...... 15
Tests and Inspections ........................... 13.3-13.7
Time. Change of Contract .............................. 12
I
I
I
I
I
I
I
I
Time. Computation of ................................ 17.2
Time. Contract-definition of ..... .. ..........;.......:.. 1
Uncovering Work ............................... 13.8-13.9
Underground Facilities-<iefinition of .................... I
Underground Facilities-not shown or indicated..... 4.3.2
Underground Facilities-protection of ........... 4.3.6.20
Underground Facilities-shown or indicated......... 4.3.1
Unit Price Work-definition of .......................... 1
Unit Price Work-general .................11.9.14.1.14.5
Unit Prices ......................................... 11.3.1
Unit Prices. Determinations for. .. .. .. .. .. . .. . .. . .. ... 9.10
Use of 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 parties............. 5.10. 6.11
Warranty and Guarantee-by Contractor ....;........ 13.1
Warrantv of Title. Contractor's ....................... 14.3
Work. Access to ..................................... 13.2
Work-by others ........................................ 7
Work Continuing During Disputes .................... 6.29
Work. Cost of ................................... 11.4-11.5
Work-definition of ..................................... I
Work Directive Change-<iefinition of ................... 1
Work Directive Change-principal .
references to ............................ 3.4.3,10.1-10.2
Work. Neglected by Contractor .....................13.14
Work. Stopping by Contractor... . ..... .. .. .. .. ....... 15.5
Work. Stopping by Owner....................... 15.1-15.4
Written Amendment-<iefinition of ...................... I
Written Amendment-principal
references to ..................... 3.4.1. 10.1. 11.2. 12.1
6
I
I
GENERAL CONDITIONS
I
ARTICLE I-DEFINITIONS
I
Wherever used in these General Conditions or in the other
Contract Documents the following terms have the meanings
indicated which ure applicable to both the singular and plural
thereof:
I
Addenda-Written or graphic instruments issued prior to the
opening of Bids which clarify. correct or change the bidding
documents or the Contract Documents.
I
Agreeme/lt- The written agreement between OWN ER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are auached to the Agreement and made
a part thereof as provided therein.
I
I
Applicatio/l Jill' Paymellf- The form accepted by ENG 1-
NEER which is [0 be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porting documentation as is required by the Contract
Documents.
I
Bid-The offer or proposal of the bidder submitted on the
prescribed form seuing forth the prices for the Work to be
performed.
I
BOllds-Bid. performance and payment bonds and other
instruments of security.
I
Change Order-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition. deletion or revision in the Work. or an
adjustment in the Contract Price or the Contract Time. issued
on or after the Effective Date of the Agreement,
I
I
Contract DOClIlIlents- The Agreement. Addenda I which per-
tain to the Contract Documents). CONTRACTOR's Bid
!including documentation accompanying the Bid and any post-
Bid documentation submitted prior to the Notice of Award)
when attached as an exhibit to the Agreement. the Bonds.
these General Conditions. the Supplementary Conditions. the
Specifications and the Drawings as the same are more spe-
cifically identified in the Agreement. together with all amend-
ments. modifications and supplements issued pursuant to
paragraphs 3A and 3.5 ~)n or after the Effective Date of the
Agreement.
I
I
I
CUI!t/'C/ct Price-The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Agreement lsubject to the provisions of paragraph 11.9.1 in
the case of Unit Price Workl.
I
Co/ltra('( Tim/!- The number of days I computed ;IS provided
in paragraph 17.2) or the date staled in the Agreement for the
completion of the Work.
I
CONTRACTOR-The person. firm or corpor..ltion with whllm
OWN ER has entered into the Agreement.
I
defeeth'e-An adjective which when modifying lhe word Work
refers to Work that is unsatisfactory. faully or deficient. or
does nOl conform 10 the Contract Documents. or does not
meet the requirements of any inspection. reference slandard.
leSl or approval referred to in the Contract Documents. or
has been damaged prior to ENGINEER's recommendation
of final payment (unless responsibility for the protection thereof
has been assumed by OWNER at Substantial Completion in
accordance with paragraph 14.8 or 14.10).
Drall'illgs- The drawings 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.
. Effecti,'e D(l/e of the Agreemelll- The date indicated in the
Agreemenl on which it becomes effective. but if no such dale
is indicated it means the date on which the Agreement is
signed and delivered by the last of [he two parties to sign and
deliver.
E'vGINEER- The person. firm or corporation named as such
in the Agreement.
Field Order-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para-
graph 9.5 but which does not involve a change in the Contract
Price or the Contract Time.
General Requirelllellts-Sections of Division I of the Speci-
fications.
Lall's and Regulatiolls: Lall's or Regulations-Laws. rules.
regulations. ordinances. codes and/or orders.
NUlice of AII'ard- The written notice by OWNER to the
apparent successful bidder stating that upon compliance by
the apparent successful bidder with the conditions precedent
enumerated therein. within the time specified. OWNER will
sign and deliver the Agreement.
NOlice to Proceed-A written notice given by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixing the date
on which the Contract Time will commence to run and on
which CONTRACTOR shall start to !,erform CONTRAC-
TOR'S obligations under the Contract Documents.
O\I,-'NER- The public body or authority. corporation. asso-
ciation. firm or person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be provided.
Parrill! 0'tili::atiulI-Placing a portion of the Work in service
for the purpose for which it is intended (or a related purpose)
before reaching Substantial Completion for all the Work.
Prujecl- The total construction of which the Work to be
provided under the Contract Documents may be the \vhole.
or a.part as indicated elsewhere in the Contract Documents.
Rt'sident Project R('pres/!/I!(/til'e- The authorized represen-
t~ltive of ENGINEER whu is assigned to the site or any part
thereof.
7
-I
I
I
Shop Drawings-All drawings. diagrams. illustrations,
schedules and other data which are specifically prepared by
orforCONTRACTOR to illustrate some portion of the Work
and all iIlustrations, brochures. standard schedules. perfor-
mance charts. instnJctions.-diagrams and other information
prepared by a Supplier and submitted by CONTRACTOR to .
illustrate material or equipment for some portion of the Work.
I
I
Specijications- Those portions of the Contract Documents
consisting of written technical descriptions of materials.
equipment. const!"uction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
I
I
Subcontractor-An individual. firm or corporation having a
direct contract with CONTRACTOR or with any other Sub-
contractor for the performance of a part of the Work at the
site.
I
Substantial Completion-The Work (or a specified part thereoO
has progressed to the point where. in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive certificate
of Substantial Completion. it is sufficiently complete. in
accordance with the Contract Documents. so that the Work
(or specified part) can be utilized for the purposes for which
it is intended: or if there be no such certificate issued. when
final payment is due in accordance with paragraph 14.13. The
terms .. substantially complete" and .. substantiaily com-
pleted" as applied to any Work refer to Substantial Comple-
tion thereof.
I
I
I
Supplementary Conditions-The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
I
Supplier-A manufacturer. fabricator. supplier. distributor.
materialman or vendor.
I
Underground Facilities-All pipelines. conduits. ducts. cables.
wires. manholes. vaults. tanks. tunnels or other such facilities
or attachments. and any encasements containing such facil-
ities which have been installed undc:rground to furnish any of
the following services or materials: electricity. gases. steam.
liquid petroleum products. telephone or other communica-
tions. cable television. sewage and drainage removal. traffic
or other control systems or water.
I
I
I
Unit Price Work-Work to be paid for on the basis of unit
prices.
I
Work-The entire completed construction or the various sep-
arately identifiable parts thereof required to be furnished
under the Contract Documents. Work is the result of per-
forming services. furnishing labor and furnishing and incor-
porating materials and equipment into the construction. all
as required by the Contract Documents.
I
Work Directive Change-A written directive to CONTRAC-
TOR. issued on or after the Effective Date of the Agreement
and signed by OWNER and recommended by ENGINEER.
I
ordering an addition. deletion or revision in the Work. or
responding to differing or unforeseen physical conditions under
which the Work is to be performed as provided in paragraph
4.2 or 4.3 or to emergencies under paragraph 6.22. A Work
Directive Change may not change the Contract Price or the
Contract Time. but is evidence that the parties expect that
the change directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect. if
any, on the Contract Price or Contract Time as provided in
paragraph 10.2.
Written Amendment-A written amendment of the Contract
Documents. signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and normally deal-
ing with the nonengineering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATIERS
Delivery of Bonds:
2.1. When CONTRACTOR delivers the executed Agree-
ments to OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with paragraph 5.1.
Copies of DocumenlS:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con-
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished, upon request, at the cost of reproduction.
Commencement of Contrcu:t Time: Notice to Proceed:
2.3. The Contract Time will commence to run on the
thinieth 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.
Slarting the Project:
2.4. CONTRACTOR shall start to perform the Work on
the date when the Contract Time commences to run, but no
Work shall be done at the site prior to the date on which the
Contract Time commences to run.
Before Starting Construction:
2.5. Before undertaking each part of the Work. CON-
TRACTOR shall carefully study and compare the Contract
Documents and check and verify peninent figures shown
8
I
I
.1
thereon and all applicable field measurements. CONTRAC-
TOR shall promptly report in writing to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
affected thereby: however. CONTRACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents.
unless CONTR.-\.CTOR had actual knowledge thereof or should
reasonably have known thereot'.
I
I
I
:.6. Within ten days after the Effective Date of the Agree.
ment I unless otherwise specified in the General Require-
ments), CONTRACTOR shall submit to ENGINEER for
review:
I
2.6.1. an estimated progress schedule indicating the
starting and completion dates of the various stages of the
Work:
I
2.6.2. a preliminary schedule of Shop Drawing sub-
missions: and
I
2.6.3. a preliminary schedule of values for all of the
Work which wii! include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component parts in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which \vill be con-
firmed in writing by CONTRACTOR at the time of sub-
mission.
I
I
I
2.7. Before any Work at the site is started. CONTRAC-
TOR shall deliver to OWNER. with a copy to ENGINEER.
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with paragraphs 5.3 and 5.4. and
OWNER shall deliver to CONTRACTOR certificates land
other evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
I
I
Preconstructioll Conference:
::.8. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR starts the Work at
the site. a conference attended by CONTRACTOR. ENGI-
NEER and \)thers as appropriate will be held to Jiscuss the
schedules referred to in paragraph 2.6. to discuss procedures
for handling Shop Drawings and other submittals and for
processing Applications for Payment. and to establish a working
understanding among the parties as to the Work.
I
I
I
I
Finali:ing Schedules:
2.9. At le.1st ten days before submission of the tirst Appli-
cation for Payment a conference attended by CONTRAC-
TOR. ENG Il'i EER and others as appropriate will be held to
finalize' the ~chedule.s submitted in accordance with par:.!-
I
graph 2.6. The finalized progress schedule will b~ acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Tim~. but such
acceptance will neither impose on ENG INEER 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 the entire agree-
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or part thereot) to be con-
structed in accordance with the Contract Documents. Any
V'/ork. mal~rials or ~quipment that may reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supplied whether or not specifically
called for. When words which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall be interpreted in accordance with
that meaning. Reference to standard specifications. manuals
or codes of any technical society. organization or association.
or to the Laws or Regulations of any governmental authority.
\I;'hether such reference be specific or by implication. shall
mean the latest standard specification. manual. code or Laws
or Regulations in effect at the time of opening of Bids lor. on
the Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated. However. no
provision of any referenced standard specification. manual
or code (whether or not specificall y incorporated by reference
in the Contract Documents) shall be effective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGIN EER. or any of their consultants. agents or employ-
ees from those set forth in the Contract Documents. nor shall
it be effective to <1ssign to ENGINEER. or any of E~GI-
NEER's consultants. agents or employees. any duty 0,"
authority to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi-
bility contrary to th~ provisions of paragraph 9.15 or 9.16.
Clarifications and interpretations of the Contract Documents
~haIl be issued by ENGINEER as provided in paragraph 9.4.
3.3. If. during the performance of the Work. CONTRAC-
TOR finds a contlil:t. error or discrepancy in the' Contract
Documents. CONTRACTOR shall so report to ENGINEER
in writing at once and before proceeding with the Work atl"ected
thereby shall obtain a written interpretation or c1aritication
9
ql
I
I
from ENGINEER; however, CONTRACTOR shall not be
liable to OWNER or ENGINEER for failure to report any
conflict. error or discrepancy in the Contract Documents
unless CONTRACTOR had actual knowledge thereof or should
reasonably have'known thereof.
I
I
Amending and Supplementing ConuaJ:t Documents:
3.4. The Contract Documents may be amended to pro-
vide for additions. deletions and revisions in the Work or to
modify the terms and conditions thereof in one or' more of
the following ways:
I
3.4.1. a formal Written Amendment.
I
3.4.2. a Change Order (pursuant to paragraph 10.4),
or
I
3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
I
As indicated in paragraphs 11.2 and 12. I. Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
I
3.5. In addition. the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized. in one or more of the
following ways:
I
3.5.1. a Field Order (pursuant to paragraph 9.5).
3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27). or
I
3.5.3. ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
I
Reuse of Documents:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person or organization performing or fur-
n~shing any of the Work under a direct or indirect contract
with OWNER shall have or acquire any title to or ownership
rights in any of the Drawings. Specifications or other docu.
ments (or copies of any thereot) prepared by or bearing the
seal of ENGINEER: and they shall not reuse any of them on
extensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
I
I
I
I
ARTICLE 4-A V AILABILITY OF LANDS: PHYSICAL
CONDITIONS: REFERENCE POINTS
I
A vaiLabiIily of Lands:
4.1. OWNER shall furnish, as indicated in the Contract
Documents. the lands upon which the Work is to be per-
formed. rights-of-way and easements for access thereto. and
I
. .
such other lands which are designated for the use of CON-
TRACTOR. Easements for permanent structures or perma-
nent changes in existing facilities will be obtained and paid
for by OWNER, unless otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishing these lands. rights-of-way or ease-
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shall.provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storage of materials and
equipment.
Physical Conditions:
4.2.1. Explorations and Reports: Reference is made
to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENG INEER 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. Existing Structures: Reference is made to the
Supplementary Conditions for identification of those
drawings of physical conditions in or relating to existing
surface and subsurface structures (except Underground
Facilities referred to in paragraph 4.3) which are at or
contiguous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawings. but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in ,the immediately preceding sentence and in
paragraph 4.2.6, CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relating
to such structures.
4.2.3. Report of Differing Conditions: If CONTRAC-
TOR believes that:
4.2.3. I. any technical data on which CONTRAC-
TOR is entitled to rely as provided in paragraphs 4.2.1
and 4.2.2 is inaccurate. or
4.2.3.2. any physical condition uncovered or
revealed at the site differs materially from that indi-
cated. reflected or referred to in the Contract Docu-
ments.
CONTRACTOR shall. promptly after becoming ,aware
thereof and before performing any Work in connection
therewith (except in an emergency as permitted by para-
graph 6.22), notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
10
I
'I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
4.2.4. ENGINEER's Rnil!l\': ENGINEER will
promptly review the peninent conditions. determine [he
necessity of 0 btaining additional explorations or tests with
respect thereto and advise OWNER in writing (with a copy
to CONTRACTOR) of ENGINEER's findings and con-
clusions.
4.2.5. Possihle Docllment Ch{/n.'~e: If ENGINEER
concludes that there is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Article 10 to retlect and document the
consequences of the inaccuracy or difference.
4,2.6. Possihle Price {/nd Ti/llE' Adjllst/lle/lfs: In each
such case. an increase or decrease in the Contract Price
or an extension or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
they are attribut'able to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length thereof. a claim may be made therefor
as provided in Articles i I and 12.
Physical Conditions-Cllderground Facilities:
4.3.1. Shown or Indicated: The information and data
shown or indic:lted in the Contract Documents with respect
to existing Underground Facilities at or contiguous to the
site is based on information and data furnished to OWNER
or ENG IN EER by the owners of such Underground Facil.
ities or by others. Unless it is otherwise expressly pro-
vided in the Supplementary Conditions:
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
-U.1.2. CONTRACTOR shall have full responsi-
bility for reviewing and checking all such information
and data. for locating all Underground Facilities shown
or indicated in the Contract Documents. for coordina-
tion of the Work with the owners of such Underground
Facilities during construction. for the safety and pro-
tection thereof as provided in paragraph 6.20 and
repairing any damage thereto resulting from the Work.
the cost of all of which will be considered as having
been included in the Contract Price.
4.3.2. Not ShOlnr or Indicated. If an Underground
Facility is uncovered or revealed at or contiguous to the
site which was not shown or indicated in the Contract
Documents and which CONTRACTOR could not reason-
ably have been expected to be aware of. CONTRACTOR
shall. promptly after becoming aware thereof and before
performing any Wllrk affected thereby (except in an emer-
gency as permitted by paragraph 6.~~). identify the owner
of such U ndergrounJ Facility and give written notice thereof
to that owner and tll OWNER anu ENGINEER. ENGI-
NEER will promptly review the Underground Facili'ty to
determine the extent to which the Contract Documents
should be modified to reflect and document the conse-
. quences of the existence of the Underground Facility, and
the Contract Documents will be amended or supplemented
to the extent necessary. During such time. CONTRAC-
TOR shall be responsible for the safety and protection of
such Underground Facility as provided in paragraph 6.20.
CONTRACTOR shall be allowed an increase in the Con-
tract Price or an extension of the Contract Time. or both.
to the e.xtent that they are attributable to the existence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles II and 12.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment are necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for lay-
ing out the Work (unless otherwise specified in the General
Requirements). shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval of OWNER. CONTRAC-
TOR shall report to ENGINEER whenever any reference.
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE 5-BONDS AND INSURANCE
Performance and Other Bonds:
.5.1. CONTRACTOR shall furnish performance and pay-
ment Bonds. each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obligations under the Contract Docu-
ments. These Bonds shall remain in etTect at least until one
year after the date when final payment becomes due. except
as otherwise provided by Law or Regulation or by the Con-
tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary C ondi-
tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
panies" as published in Circular 5iO (amended) by the Audit
Staff Bureau of Accounts. U.S. Treasury Depanmenr. All
Bonds signed by an agent must be accompanied by a cenified
copy of the authority to act.
5.~. If the surety on any Bond furnished by CONTRAC-
TOR is declared a bankrupt or becomes insolvent or its right
to do business is terminated in any state where any part of
II
I
I
I
the Project is located or it ceases to meet the requirements
of paragraph 5.1. CONTRACTOR shall within five days
thereafter substitute another Bond and Surety, both of which
must be acceptabl e to OWNER.
I
Conrrtzcrors Liability Insurance:
5.3. CONTRACTOR shall purchase and maintain ~uch
comprehensive general liability and other insurance as is
appropriate for the Work being performed and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other obligations under the Contract Documents, whether it
is to be performed or furnished by CONTRACTOR, by any
Subcontractor. by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable:
I
I
I
I
5.3.1. Claims under workers' or workmen's compen-
sation. disabilitY benefits and other similar employee ben-
efit acts:
I
5.3.1. Claims for damages because of bodily injury,
occupational sickness or disease. or death of CONTRAC-
TOR's employees;
I
5.3.3. Claims for damages because of bodily injury,
sickness or disease. or death of any person other than
CONTRACTOR's employees:
I
5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained (a) by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR. or
(b) by any other person for any other reason:
I
I
5.3.5. Claims for damages. other than to the Work
itself. because of injury to or destruction of tangible prop-
erty wherever located. including loss of use resulting
therefrom:
I
5.3.6. Claims arising out of operation of Laws or Reg-
ulations for damages because of bodily injury or death of .
any person or for damage to property; and
I
5.3.7. Claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
I
The insurance required by this paragraph 5.3 shall include
. the specific coverages and be written for not less than the
limits of liability and coverages provided in the Supplemen-
tary Conditions. or required by law. whichever is greater.
The comprehensive general liability insurance shall include
completed operations insurance. All of the policies of insur-
ance so required to be purchased and maintained (or the
certificates or other evidence thereoO shall contain a provi-
sion or endorsement that the coverage afforded will not be
cancelled. materially changed or renewal refused until at least
I
I
I
thirty days' prior written notice has been given to OWNER
and ENGINEER by certified mail. All such insurance shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting, removing or
replacing defective Work in accordance with paragraph 13.12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two years after final payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
COn.l1'actual LiabiIily Insurance:
5.4. The comprehensive general liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
Owners LiabiIily Insurance:
5.5. OWNER shall be responsible for purchasing and
maintaining OWNER's own liability insurance and, at
OWNER's option. may purchase and maintain such insur-
ance as will protect OWNER against claims which may arise
from operations under the Contract Documents.
Property Insurance:
5.6. Unless otherwise provided in the Supplementary
Conditions. OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulations!. This insurance shall include the interests
of OWNER. CONTRACTOR. Subcontractors. ENGINEER
and ENGINEER's consultants in the Work. all of whom shall
be listed as insureds or additional insured panies. shall insure
against the perils of fire and extended coverage and shall
include "all risk;'~ insurance for physical loss and damage
including theft. vandalism and malicious mischief, collapse
and water damage. and such other perils as may be provided
in the Supplementary Conditions. and shall include damages.
losses and expenses arising out of or resulting from any insured
loss or incurred in the repair or replacement of any insured
property (including but not limited to fees and charges of
engineers. architects. attorneys and other professionals!. If
not covered under the "all risk" insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACfOR shall
purchase and maintain similar propeny insurance on portions
of the Work stored on and off the site or in transit when such
portions of the Work are to be included in an Application for
Payment.
5.7. OWNER shall purchase and maintain such boiler and
machinery insurance or additional property insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests of OWNER,
CONTRACTOR.' Subcontractors, ENGINEER AND
ENGINEER's consultants in the Work. all of whom shall be
listed as insured or additional insured parties.
12
I
I
I
5.8. All the policies of insurance lor the certificates or
other evidence thereot) required to be purchased and main-
tained by OWNER in accordance with paragraphs 5.6 and
5.7 will contain a provision or endorsement that the coverage
afforded will not be cancelled or malerially changed or renewal
refused until at least thirty days' prior written notice has been
iiven to CONTRACTOR by certified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
I
I
5.9. OWNER shall not be responsible for purchasing and
maintaining any property insurance to protect the intert:sts
of CONTRACTOR. Subcontractors or others in the Work to
. the extent of any deductible amounts that are.provided in the
Supplementary Conditions. The risk of loss within the
deductible amount. will be borne by CONTRACTOR. Sub-
contractor or others suffering any such loss and if any of them
wishes property insurance coverage within the limits of such
amounts. each may purchase and maintain it at the purchas-
er's own expense.
I
I
I
5.10. If CONTRACTOR requests in writing that other
special insurance be included in the property insurance pol-
icy. OWNER shall. if possible. include such insurance. and
the COSt thereof will be charged to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement of the Work at the site. OWNER shall in writing
advise CONTRACTOR whether or not such other insurance
has been procured by OWNER.
I
I
I
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights
against each other for all losses and damages caused by
any of the perils covered by the policies of insurance
provided in response to paragraphs 5.6 and 5.7 and any
other property insurance applicable to the Work. and also
waive all such rights against the Subcontractors. ENGI-
NEER. ENGINEER's consultants and all other parties
named as insureds in such policies for losses and damages
so caused. As required by paragraph 6.11. each subcon-
tract between CONTRACTOR and a Subcontractor will
contain similar waiver provisions by the Subcontractor in
favorofOWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's consultants and all other parties named as insureds.
None of the above waivers shall extend to the rights that
any of the insured parties may have to the proceeds of
insurance held by OWNER as trustee or otherwise pay.
able under any policy so issued.
I
I
I
I
I
5.11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all of the parties insured and provide primary
coverage for all losses and damages caused by the perils
covered thereby. Accordingly. all such policies shall con-
tain provisions to the dfect that in the event llf payment
of any loss or damag.e the insurer will have nll rights ,)1'
recovery against any of the parties named as insureds or
additillnal insureds. and if the insurers require separate
waiver forms to be signed by ENGINEER or E,NGI-
NEER's \:,lOsultant OWNER willllbtain the s.lme. and if
I
I
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 req.uire-
ments of any applicable mortgage clause and of paragraph
5.13. OWNER shall deposit in a separate account any money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to adjust and
settle any Joss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after. the
occurrence of loss to OWNER's exercise of this power. If
such objection be made. OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the parties in interest may reach. If required in writing by
any party in interest. OWNER as trustee shall. upon the
occurrence of an insured loss. give bond for the.proper per-
formance of such duties.
Acceptance of Insurance:
5.14. If OWNER has any objection to the coverage afforded
by or other provisions of the insurance reql:ired to be pur-
chased and maintained by CONTRACTOR in accordance
wirh paragraphs 5.3 and SA on the basis of its not complying
with the Contract Documents. OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such certificates to OWNER in accordance with
paragraph 2.7. If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their no~ complying wirh the Contract Documents. CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paragraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional information in respect of insurance provided by each
as the other may reasonably request. Failure by OWNER or
CONTRACTOR to give any such notice of objection within
the time provided shall constitute acceptance of such insur-
ance purchased by the other as complying with the Contract
Documents.
Partial Uti/i:.ation-Propen:,' Insurance:
5.15. If OWNER finds it necessary to occupy. or use a
portion or portions of the Work prior to Substantial Comple-
tion of all the Work. such use or occupancy may be a\:com-
plisheu in ac\:ordan\:e with paragraph 14.10: provided that no
13
I
I
I
such use or occupancy shall commence before the insurers
providing the property insurance have acknowledged notice
thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the property insur-
ance shall consent by endorsement on the policy or policies.
but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
I
I
ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
I
I
Supervision and Superintendence:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently. devoting such attention thereto
and applying such skills and expertise as may be necessary
to perform the Work in accordance with the Contract Doc-
uments. CONTRACTOR shall be solely responsible for the
means. methods, techniques. sequences and procedures of
construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means. method. technique. sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents,
I
I
I
6.1. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWNER and
ENGINEER except under extraordinary circumstances. The
superintendent will be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communications given to the superintendent
shall be as binding as if given to CONTRACTOR.
I
I
I
Labor. Materials and Equipment:
6.3. CONTRACTOR shall provide competent. suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain good discipline
and order at the site. Except in connection with the safety or .
protection of persons or the Work or property at the site or
adjacent thereto. and except as otherwise indicated in the
Contract Documents. all Work at the site shaH be performed
during regular working hours. and CONTRACTOR will not
permit overtime work or the performance of Work on Sat-
urday. Sunday or any legal holiday without OWNER's writ-
ten consent given after prior written notice to ENGINEER.
I
I
I
I
6.4. Unless otherwise specified in the General Require-
ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials. equipment, labor. transportation.
construction equipment and machinery, tools. appliances.
fuel. power. light. heat. telephone. water. sanitary facilities.
temporary facilities and all other facilities. and incidentals
necessary for the furnishing. performance. testing. stan-up
and, completion of the Work.
I
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 performance of the Work or any duty or author-
ity to undertake responsibility contrary to the provisions of
paragraph 9.15 or 9.16.
Adjusting Progress Schedule:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 1.9) adjust-
ments in the progress schedule to reflect the impact thereon
of new developments: these win conform generally to the
progress schedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
SubstUules or "Or-Equal" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a particular Supplier
the naming of the item is intended to establish the type.
function and quality required. Unless the name is followed
by words indicating that no substitution is permitted.
materials or equipment of other Suppliers may be accepted
, by ENGINEER if sufficient information is submitted by
CONTRACTOR to allow ENGINEER to determine that
the material or equipment proposed is equivalent or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review of substitute items of
material and equipment will not be accepted by ENGI-
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRACTOR shall make writ-
ten application to ENGINEER for acceptance thereof,
certifying that the proposed substitute will perform ade-
quately the functions and achieve the results called for by
the general design. be similar and of equal substance to
that specified and be suited to the same use as that spec-
ified. The application will state that the evaluation and
acceptance of the proposed substitute will not prejudice
CONTRACTOR's achievement of Substantial Comple-
tion on time. whether or not acceptance of the substitute
for. use in the Work will require a change in any of the
Contract Documents (or in the provisions of any other
direct contract with OWNER for work on the Project) to
adapt the design to the proposed substitute and whether
or not incorporation or use of the substitute in connection
with the Work is subject to payment of any license fee or
14
I
I
I
royalty. All variations of the proposed substitute from that
specified will be identified in the application and available
maintenance. repair and replacement service will be indi-
cated. The application will also contain an itemized esti-
mate of all CQsts that will result directly or indirectly from
acceptance of such substitute . including costs of redesign
and claims of other contractors affected by the resulting
change. all of which shall be considered by ENGINEER
in evaluating the proposed substitute. ENGINEER may
require CONTRACTOR to furnish at CONTRACTOR's
expense additional data about the proposed substitute.
I
I
I
6.7.:'. If a specific means. method. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR may furnish or
utilize a subs titute means. method. sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGINEER to determine that the substitute proposed is
equivalent to that indicated or required by the Contract
Documents. The procedure for review by ENGINEER
will be similar to that orovided in paragraph 6.7, I as applied
by ENGINEER and as may be supplemented in the Gen-
eral Requirements.
I
I
I
6.7.3. ENGINEER will be allowed a reasonable time
within which to evaluate each proposed substitute. E:-.IG I-
NEER \vill be the sole judge of acceptability. and no
substitute will be ordered. installed or utilized without
ENG IN EER' s prior written acceptance which will be evi-
denced by either a Change Order or an approved Shop
Drawing. OWNER may require CONTRACTOR to fur-
nish at CONTRACTOR's expense a special performance
guarantee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in eva:uating substitutions
proposed by CONTRACTOR and in making changes in
the Contract Documents occasioned thereby, Whether or
not ENGINEER accepts a proposed substitute. CON-
TRACTOR shall reimburse OWNER for [he charges of
ENGINEER and ENGINEER's consultants for evaluat-
ing each proposed substitute.
I
I
I
I
I
Concerning Subcontractors. Suppliers and Others:
6.8.1, CONTRACTOR shall not employ any Subcon-
tractor. Supplier or other person or organization I including
those acceptable to OWNER and ENGINEER as indi-
cated in parugraph 6.8.:'). whether initiully or as a substi-
tute. against whom OWNER or ENGINEER may ha\e
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. Supplier or other person l'r
organization co furnish or perform any of the WlJrk against
whom CONTRACTOR has reasonable objectklO.
6.8.2. if the Supplementary Conditions require the
identity of certain Subcontractors. Suppliers lJr other per-
sons or organizations (including those who are to furnish
the principal items of materials and cquipmenll to be sub-
mitted to OWN ER in advance of the specified date prior
to the E1Tc::ctive Dutc of the Agreement for acccptanc'e by
I
I
I
I
I
OWNER and ENGINEER and if CONTRACTOR has
submitted a list thereof in accordance with the Supple-
mentary Conditions. OWNER's or ENGINEER's accept-
ance (either in writing or by failing to make written objec-
tion thereto by the date indicated for acceptance or objec-
tion in the bidding documents or the Contract Documents)
of any such Subcontractor, Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investigation. in which case
CONTRACTOR shall submit an acceptable substitute. the
Contract Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER 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 defecril'/! Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor. Supplier or other person or
organization. nor shall it create any obligation on the part of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subcontractor. Supplier or other
person or organization except as may otherwise be required
by Laws and Regulations.
6. 10. The divisions and sections of the Specifications and
the identifications of any Drawings shall not control CON-
TRACTOR in dividing the Work among Subcontractors or
Suppliers or delineating the Work to be performed by any
specific trade.
6.11. All Work performed for CONTRACTOR by a Sub.
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms. and
conditions of the Contract Documents for [he benetit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.11. CONTRACTOR shall pay.
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Royalties:
6.12. CONTRACTOR shall pay all license fees and roy-
alties und aSsume all costs incident to the use in the perfor-
mance of the Work or the incorporation in the Work of any
invemion. design. process. product or device which is the
subject of patent rights or copyrights held by others. If a
particular invention. design. process. product ur device is
specified in [he C,lOtract Documents for use in the pert'or.
mance of the Work and iftll the actual knowledge of OWN ER
15
'1--
I
I
or ENGINEER its use is subject to patent rights or copyrights
calling for the payment of any license fee or royalty to others.
the existence of such rights shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and hold harmless OWNER and .ENGINEER and anyone
directly or indirectly employed by either of them from and
against all claims, damages, losses and expenses (including
attorneys' fees and court and arbitration costs) arising out of
any infringement of patent rights or copyrights incident to
the use in the performance of the Work or resulting from the
incorPoration in the Work of any invention, design. process.
product or device not specified in the Contract Documents.
and shall defend all such claims in connection with any alleged
infringement of such rights.
I
I
I
I
Permits:
6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR. when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees necessary for the prosecution of the Work.
which are applicable at the time of opening of Bids, or if there
are no Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
nections to the Work. and OWNER shall pay all charges of
such utility owners for capital costs related thereto such as
plant investment fees.
I
I
I
I
LaW$ and Regulations:
6.14.1. CONTRACTOR shaH give all notices and
comply with all Laws and Regulations applicable to fur-
nishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations. neither OWNER nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR's compliance with
any Laws or Regulations.
I
I
I
6.14.1. If CONTRAcrOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations. CONTRAcrOR shall give ENGINEER
prompt written notice thereof. and any necessary changes
will be authorized by one of the methods indicated in
paragraph 3.4. If CONTRACTOR performs any Work
knowing or having reason to know that it is contrary to
such Laws or Regulations. and without such notice to
ENGINEER. CONTRACTOR shall bear all costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
I
I
I
I
Ta:res:
I
6.15. CONTRACTOR shall pay all sales, consumer, use
and other similar taxes required to be paid by CONTRAC-
TOR in accordance wiih the Laws and RegulaLions of the
place of the Project which are applicable during the p'erfor-
mance of the Work.
Use of Premises:
6.16. CONTRACTOR shall confine construction equip-
ment. the storage of materials and equipment and the oper-
ations of workers to the Project site and land and areas iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations. rights-
of.way. permits and easements. and shall not unreasonably
encumber the premises with construction equipment or other
materials or equipment. CONTRAcrOR shall assume full
responsibility for any damage to any such land or area. or to
the owner or occupant thereof or of any land or areas contig-
uous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work. CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall, to the
fullest extent permitted by Laws and Regulations. indemnify
and hold OWNER and ENGINEER harmless from and against
all claims. damages. losses and expenses (including, but not
limited to, fees of engineers. architects. anorneys and other
professionals and court and arbitration costs) arising directly.
indirectly or consequentially out of any action. legal or equi.
table. brought by any such other 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. CONTRAcrOR
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-
ment and machinery. and surplus materials. and shall leave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all property not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permiL any part
of any structure to be loaded in any manner that will endanger
the structure. nor shall CONTRAcrOR subject any part of
the Work or adjacent property to stresses or pressures that.
will endanger it.
Rlcord Documerus:
6.19. CONTRACTOR shall maintain in a safe place at
the site one record copy of all Drawings. Specifications.
Addenda, Written Amendments. Change Orders. Work
Directive Changes. Field Orders and written inLerpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struction. These record documents together with all approved
samples and a counterpart of all approved Shop Drawings
will be available LO ENGINEER for reference. Upon com-
16
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
pletion of the Work. these record documents. samples and
Shop Drawings will be delivered to ENGINEER for OWNER.
Safety and Protection:
6.::0. CONTRACTOR shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for the safety of. and shall
provide the necessary protection to prevent damage. injury
or loss to:
6.::0.1. all employees on the Work and other persons
and organizations who may be atTected thereby:
6.20.::. all the Work and materials and equipment to
be incorporated therein. whether in storage on or otI the
site: and
6.20.3. other propeny at the site or adjacent thereto.
including trees. shrubs. lawns. walks. pavements. road-
ways. structures. utilities and Underground Facilities not
designated for removal. relocation or replacement in the
course of construction.
CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage.
injur;l or loss: and shall erect and maintain all necessary
safel1:uards for such safetv and protection. CONTRACTOR
shall notify owners of adj~cent property and of Underground
Facilities and utility owners when prosecution of the Work
may affect them. and shall cooperate with them in the pro-
tection. removal. relocation and replacement of their prop-
err\'. .~Il damal1:e. injury or loss to any propeny referred to
in paragraph 6~20.:: or 6.::0.3 caused. directly or indirectly.
in whole or in pan. by CONTRACTOR. any Subcontractor.
Supplier or any other person or organization directly or indi-
rectly employed by any of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable.
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specific:.ltions or to
the acts or omissions of OWN ER or ENGINEER or anyone
employed by either of them or anyone for whose :.lcts either
of them mav be liable. and not attributable. direl.:tly or indi-
rectl\'. in whole or in pan. to the fault or negligenl.:e of CON-
TRA'CTOR>. CONTRACTOR's duties and resPllnsibilities
for the safet\" and protection of the Work shall Cllntinue until
such time a; all the Work is completed and ENGI:\lEER h:.lS
issued a notice to OWNER .Ind CONTRACTOR in accord-
ance with pamgraph 14.13 that the Work is acceptable (e.xcept
as.o[herwise expressly provided in connec[ion Wilh Subs[an-
tial Completion>.
6.21. CONTRACTOR shall desigmue a respl1nsible r~p.
resenl:.ltiv~ ~\[ lh~ site whose Juty shall be the pr~\'~ntilln llr
accidents. This person shall b~ CONTRACTOR's sup~rin-
tenJent unl~ss l)[h~rwis~ Jesignated in writin~ by CO;-.;-
TR.~CTOR 10 OWN ER.
Emergencies:
6.::2. In emergencies affecting [he sare[y or protection of
persons or the Work or propeny at the site or adjacent thereto.
CONTRACTOR. without special instruction or authorization
from ENGINEER or OWNER. is obligated to act to prevent
threatened damage. injury or loss. CONTRACTOR shall give
ENGINEER prompt written notice if CONTRACTOR believes
that any significant changes in the Work or variations from
the Contract Documents have been caused thereby. rf ENGI-
NEER determines that a change in the Contract Documents
is required because of the ac[ion taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all field measurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions I see para-'
graph 2.9). 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 tu th~
review of the submission. All submissions will be identified
as ENGrNEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities. dimen-
sions. specified performance and design criteria. materials
and similar data to enable ENGINEER to review the infor-
mation as required.
6.24. CONTRACTOR shall also submit to ENGI~EER
for review and approval with such promptness ns to cause
no delay in Work. all samples required by [he Contract Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indication thaI CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. S4Pplier.
peninent data such ns catalog numbers and the use for \vhich
intended.
6.25.1. Before submission of each Shop Drnwing or
sample CONTRACTOR shall h.lve determined and veri-
fied all quantities. dimensions. specified performance cri-
teria. installatil)O requirements. materials. ca[alog num-
bers nnd simililr data with respect thereto and reviewed
or coordinateJ ench Sh0p Drawing or sample with other
Shop Drawings and samples and wi[h the requirements of
the Work and the Contract Documents.
6.::5.2. At the time or each submission. CONTRAC-
TOR shall give ENGIN EER specific written notice 0feach
variation thaI the Shop Drawings or samples may have
from the requirements llr the Cllntract Documents. and.
in addi[ion. shall cause a specific notation to be made on
17
I'
I
I
each Shop Drawing submitted to ENGINEER for review
and approval of each such variation.
I
6.26. ENGINEER will review and approve with reason.
able promptness Shop Drawings and samples. but ENGI-
NEER's review and approval will be only for conformance
with the design concept of the Project and for compliance
with the information given in the Contract Documents and
shall not extend to means. methods. techniques. sequences
or procedures of construction (except where a specific means.
method. technique, sequence or procedure of construction is
indicated in or required by the Contract Documents) or to
safety precautions or programs incident thereto. The review
and approval of a separate item as such will not indicate
approval of the assembly in which the item functions, CON-
TRACTOR shall make corrections required by ENGINEER.
and shall return the required number of corrected copies of
Shop Drawings and submit as required new samples for review
and approval. CONTRACTOR shall direct specific attention
in' writing to revisions other than the corrections called for
by ENGINEER on previous submittals.
I
I
I
I
I
6.27. ENGINEER's review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
responsibility for any variation from the requirements of the
Contract Documents unless CONTRACTOR has in writing
called ENGINEER's attention to each such variation at the
time of submission as required by paragraph 6.25.2 and
ENGINEER has given written approval of each such varia-
tion by a specific written notation thereof incorporated in or
accompanying the Shop Drawing or sample approval; nor
will any approval by ENGINEER relieve CONTRACTOR
from responsibilitY for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25.1.
I
I
I
I
6.28. Where a Shop Drawing or sample is required by the
Specifications. any related Work performed prior to ENGI-
NEER's review and approval of the pertinent submission will
be the sole expense and responsibility of CONTRACTOR.
I
Continuing /.he Work:
6.29. CONTRAcrOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work shall be delayed or postponed pend-
ing resolution of any disputes or disagreements. except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise agree in writing.
I
I
I
lruhmnificcuion:
6.30. To the fullest extent permitted by Laws and Regu-
lations CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims, damages, losses and
expenses. direct. indirect or consequential (including but not
limited to fees and charges of engineers. architects. attorneys
and other professionals and court and arbitration costs) aris-
ing out of or resulting from the performance of the Work.
I
I
provided that any such claim. damage. loss or expense (a) is
attributable to bodily injury. sickness. disease or death. or to
injury to or destruction of tangible property (other than the
Work itself) including the loss of use resulting therefrom and
(b) is caused in whole or in part by any negligent act or
omission ofCONTRAcrOR. any Subcontractor. any person
or organization directly or indirectly employed by any of them
to perform or furnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in pan by a party indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such party.
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants. agents'or employees. by
any employee of CONTRACTOR. any Subcontractor. any
person or organization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable. the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or type of damages,
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or organization
under workers' or workmen's compensation acts, disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
graph 6.30 shall not extend.to the liability of ENGINEER,
ENGINEER's consultants. agents or employees aiising out
of the preparation or approval of maps, drawings. opinions.
reports. surveys. Change Orders. designs or specifications.
ARTICLE 7-OTHER WORK
Re/4ted Work al Site:
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 panies are unable to agree
as to the extent thereof. CONTRACTOR may make a claim
therefor as provided in Articles II and 12.
7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a party to such a direct contract (or
OWNER, if OWNER is performing the additional work with
OWNER's employees) proper and safe access to the site and
a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work. and
shall properly connect and coordinate the Work with theirs.
CONTRACTOR shall do all cutting. fining and patching of
the Work that may be required to make its several parts come
together properly and integrate with such other work. CON-
18
I
I
I
TRACTOR shall not endanger any work of others by cutting.
e:~cavating or otherwise altering their work and will only cut
or alter their work with the written consent of ENGINEER
and the others whose work will be affected. The duties and
responsibilities of CONTRACTOR under this paragraph are
for :he benefit of such utility owners and other contractors
to the e.xtent that there are comparable provisions for the
benefit of CONTRACTOR in said direct comracts between
OWN ER and such utility owners and other contractors.
I
I
7.3. If any part of CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner lor OWNERl. CONTRACTOR
shall inspect and promptly report to ENGINEER in writing
any delays. defects or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR's failure so to report will constitute
an acceptance of the other work as fit and proper for integra-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and deficiencies in the other work.
I
I
I
Coordination:
I
7.4. If OWNER contracts with others for the perfor-
mance of other work on the Project at the site. the person or
organization who will have authority and responsibility for
coordination of the activities among the various prime con-
tractors will be identified in the Supplementary Conditions.
and the specific matters to be covered by such authority and
responsibility will be itemized. and the extent of such author-
ity and responsibilities will be provided. in the Supplementary
Conditions. Unless otherwise provided in the Supplementary
Conditions. neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination.
I
I
I
ARTICLE 8-0WNER'S RESPONSIBILITIES
I
8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
I
8.::. In case of termination of the employment of ENG I-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR makes'no reasonable objection. whose sta-'
tus under the Contract Documents shall be that of the former
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject to arbitration.
I
I
8.3. OWN ER shall furnish the data required of OWN ER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR p'romptly after they are due as
provided in paragraphs 14.4 and 14. \3.
I
SA. OWNER's duties in respect of providing lands and
easements and providing engineering surveys to establish
reference points are set forth in paragraphs 4. I and 4.4. Para-
graph 4.:: refers to OWNER's identifying and making avail-
able to CONTRACTOR copies ofrepons of explorations and
tests of subsuli'ace conditions at the site and in existing slruc-
I
I
tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and property insurance are set forth
in paragraphs 5.5 through 5.8.
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections. tests and approvals is set forth in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.10 and I)'.!. Paragraph 15.2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Owners Representative:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority of ENGINEER as OWNER's
representative during construction are set forth in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
Visits to Site:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and quality of the executed Work and to deter-
mine. in general, if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required
to make e.xhaustive or continuous on-site inspections to check
the quality or quantity of the Work. ENGlNEER's effortS
will be directed toward providing for OWNER a greater degree
of confidence that the completed Work will conform to the
Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design profes-
sional. ENGINEER will keep OWNER informed of the prog-
ress of the Work and will endeavor to guard OWNER against
defects and deficiencies in the Work.
Project Representation:
9.3. If OWNER and ENGINEER agree. ENGI;:-,rEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties. responsibilities and limitations of authority of any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
designates another agent to represent OWN ER at the site
who is not ENGINEER's agent or employee. the duties,
responsibilities and limitations of authority of such other
person will be as provided in the Supplementary Conditions.
19
I
I
I
Clarifications and Inlerpntalions:
9.4. ENGINEER will issue with reasonable promptness
such wrinen clarifications or interpretations of the require.
ments of the Contract Documents (in the fonn of Drawings
or otherwise) as ENGINEER may determine necessary, which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR
believes that a wrinen clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and the panies are unable to agree to the
amount or extent thereof. CONTRACTOR may make a claim
therefor as provided in Anicle 11 or Article 12.
I
I
I
I
AUlhoriud tlarJUions in Work:
9.5. ENGINEER may authorize minor variations in the
Work from the requirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER. and also on
CONTRACTOR who shall perfonn the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the Contract Time and the parties are unable to agree as to
the amount or extent thereof. CONTRACTOR may make a
claim therefor as provided in Article 11 or 12.
I
I
I
I
Rejecting Defective Work:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be defective, and
will also ha ve authority to require special inspection or testing
of the Work as provided in paragraph 13.9. whether or not
the Work is fabricated. installed or completed.
I
I
Shop Drawings, CJumge Orders and Payments:
9.7. In connection with ENGINEER's responsibility for
Shop Drawings and samples, see paragraphs 6.23 through
6.29 inclusive.
I
9.8. In connection with ENGINEER's responsibilities as
to Change Orders. see Articles 10. II and 12.
I
9.9. In connection with ENGINEER's responsibilities in
respect of Applications for Payment, etc.. see Article 14.
I
Determiruuions for UniJ Prices:
9.10. ENGINEER will determine the actual quantities
and classifications of Unit Price Work perfonned by CON-
TRACTOR. ENGINEER wilI review with CONTRACTOR
ENGINEER's preliminary detenninations on such matters
before rendering a written decision thereon (by recommen-
dation of an Application for Payment or otherwise). ENGI.
N EER' s written decisions thereon will be final and binding
upon OWNER and CONTRACTOR, unless. within ten days
after the date of any such decision. either OWNER or CON-
TRACTOR delivers to the other party to the Agreement and
I
I
I
to ENGINEER written notice of intention to appeal from
such a decision.
Decisions on Disputes:
9.11. ENGINEER will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
interpretation of the requirements of the Contract Documents
pertaining to the performance and furnishing of the Work and
claims under Articles 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 fonnal decision
in accordance with this paragraph, which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim, dispute and other matter will be delivered
by the claimant to ENGINEER and the other party to the
Agreement promptly (but in no event later than thirty days)
after the occurrence of the event giving rise thereto, and
written supporting data will be submitted to ENGINEER and
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim.
9.12. When functioning as interpreter and judge under
paragraphs 9.10 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 9.10 and 9.11 with respect
to any such claim, dispute or other matter (except any which
have been waived by the making or acceptance of final pay-
ment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise ha ve under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or other maner.
Limilarions on ENGINEER's Responsibilities:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENG INEER in good faith either to exercise
or not exercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contractor, any Supplier. or any other person or organization
perfonning any of the Work. or to any surety for any of them.
9.14. Whenever in the Contract Documents the tenns"as
ordered", .. as directed". .. as required" . .. as allowed", .. as
approved" or terms of like effect or import are used. or the
adjectives "reasonable". .. suitable", "acceptable". .. proper"
or "satisfactory" or adjectives of like effect or impon are
used to describe a requirement. direction. review or judgment
of ENGINEER as to the Work. it is intended that such
requirement. direction. review or judgment will be soiely to
evaluate the Work for compliance with the Contract Docu-
ments (unless there is a specific statement indicating other-
wise). The use of any such term or adjective shall not be
20
I
I
I
effective to assign to ENGINEER any duty or authority to
supervise or direct the furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary
to the provisions of paragraph 9.15 or 9.16.
I
9.15. ENGINEER will not be responsible for CON-
TRACTOR's means. methods. techniques. sequences or pro-
cedures of construction. or the safety precautions and pro-
grams incident thereto. and ENGINEER will not be respon-
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
I
I
9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor. any
Supplier. or of any other person or organization performing
or furnishing any of the Work.
I
I
ARTICLE IO-CHANGES IN THE WORK
I
10.1. Without invalidating the Agreement and without notice
to anv suretv. OWNER may. at any time or from time to
time. 'order ~dditions. deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
I
I
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent. if any. of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Change. a claim may be made therefor as provided in Article
11 or Article I::!.
I
I
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended. modified and supple-
mented as provided in paragraphs 3.4 and 3.5. except in the
case of an emergency as provided in .paragraph 6.22 and
except in the case of uncovering Work as provided in para-
graph 13.9.
I
I
I
lOA. OWN ER and CONTRACTOR shall execute appro-
priate Change Orders (or Written Amendments) covering:
I
10.4.1. changes in the Work which are ordered by
OWNER pursuant to paragraph 10.\. are required because
of acceptance of defecri,'e Work under paragraph 13.13 or
correcting d,,/ecri"e Work under paragraph 13 .14. or are
agreed to by the parties:
I
10.4.2. changes in the Contract Price or Contract Tim~
which are agreed to by the parties: and
I
IOA.3. changes in the Contract Price or Contract Time
which embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9.1 I:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations. but during any such appeal. CON-
TRACTOR shall carryon the Work and adhere to the prog-
ress schedule as provided in paragraph 6.29.
10.5. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
(including, but not limited to. Contract Price or Contract
Time) is required by the provisions of any Bond to be given
to a surety. the giving of any such notice will be CONTRAC-
TOR's responsibility. and the amount of each applicable Bond
will be adjusted accordingly.
ARTICLE ll-CHANGE OF CONTRACT PRICE
11.1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON-
TRACTOR for performing the Work. All duties. responsibil-
ities and obligations assigned to or undertaken by CON-
TRACTOR shall be at his expense without change in the
Contract Price.
11.2. The Contract Price may only be changed by a Change
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no evenr later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounrs (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance \vith paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise agree on the amount involved. No claim
for an adjustment i~ the Contract Price will be valid if not
submitted in accordance with this paragraph 11.2.
11.3. The value of anv Work covered by a Change Order
or of anv claim for an in~rease or decrease in the Contract
Price sh;1I be determined in one of the following ways:
. 11.3.1. When:: the Work involved is covered by unit
prices conrained in the Contract Documents. by. applica-
tion of unit prices to the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1. .through
11.9.3. inclusivel.
21
I
I
I
1l,3.2. By mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
necessarily in accordance with paragraph 1'1.6.2.0.
I
11.3.3. On the basis of the Cost of the Work (deter-
mined as provided in paragraphs 11.4 and 11.5) plus a
CONTRACTOR's Fee for overhead and profit (deter-
mined as prov ided in paragraphs 11.6 and 11.7).
I
I
Cost of lht Work:
11.4. The term Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be agreed to in writing by OWNER. such costs shall be
in amounts no higher than those prevailing in the locality of
the Project. shall include only the following items and shall
not include any of the costs itemized in paragraph 11.5:
I
I
11.4.1. Payroll costs for employees in the direct employ
of CONTRACTOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed full time on the Work shall be apponioned on
the basis of their time spent on the Work. Payroll costs
shall include. but not be limited to, salaries and wages
plus the cost of fringe benefits which shall include social
security contributions. unemployment. excise and payroll
taxes. workers' or workmen's compensation. health and
retirement benefits. bonuses. sick leave. vacation and hol-
iday pay applicable thereto. Such employees shall include
superintendents and foremen at the site. The expenses of
performing Work after regular working hours. on Satur-
day, Sunday or legal holidays. shall be included in the
above to the extent authorized by OWNER.
I
I
I
I
I
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.
AJI trade discounts. rebates and refunds and all returns
from sale of surplus materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained.
I
I
I
11.4.3. Payments made by CONTRACTOR to the
Subcontractors for Work performed by Subcontractors.
If required by OWNER. CONTRACTOR shall obtain
competitive bids from Subcontractors acceptable to CON-
TRACTOR and shall deliver such bids to OWNER who
will then determine. with the advice of ENGINEER. which
bids will be accepted. If a subcontract provides that the
Subcontractor is to be paid on the basis of Cost of the
Work Plus a Fee, the Subcontractor's Cost of the Work
shall be determined in the same manner as CONTRAC-
TOR's Cost of the Work. All subcontracts shalf be subject
I
I
I
to the other provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
limited to.engineers. architects. testing laboratories. sur-
veyors. attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.5.1. The proponion of necessary transpona-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.2. Cost. including transponation and main-
tenance. of all materials. supplies. equipment. machin-
ery, appliances. office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the Work. and cost
less market value of such items used but not consumed
which remain the propeny of CONTRACTOR.
11.4.5.3. Rentals of all construction equipment and
machinery and the pans thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of
ENGINEER. and the costs of transponation, loading,
unloading. installation, dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The rental of any such equipment. machin-
ery or pans shall cease when the use thereofis no longer
necessary for the Work.
1l,4.5.4. Sales. consumer. use or similar taxes
related to the Work. and for which CONTRACTOR is
liable. imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR. any Subcontractor or any-
one directly or indirectly employed by any of them or
for whose acts any of them may be liable. and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damages (and related
expenses). not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRACTOR
in connection with the performance and furnishing of
the Work (except losses and damages within the
deductible amounts of propeny insurance established
by OWNER in accordance with paragraph 5.9). pro-
vided they have resulted from causes other than the
negligence of CONTRACTOR. any Subcontractor. or
anyone directly or indirectly employed by any of them
or for whose acts any of them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses.
damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRAC-
TOR's Fee. If. however. any such loss or damage
22
I
I
I
requires reconstruction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph
11.6.2.
I
II A.5. 7. The cost of utilities. fuel and sanitary
fa"cilities at the site.
I
IIA.5.8. Minor expenses such as telegrams. long
distance telephone calls. telephone service at the site.
expressage and similar petty cash items in connection
with the Work.
I
11,4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for property insurance coverage within
the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.9.
I
I
11.5. The term Cost of the Work shall not include any of
the following:
I
11.5.1. Payroll costs and other compensation of CON.
TRACTOR' 5 officers. executives. principals (of partner-
ship and sole proprietorships). general managers. engi-
neers. architects. estimators. attorneys. auditors. accoun-
tants. purchasing and contracting agents. expeditors.
timekeepers. clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR's principal or a branch office for ge'neral administra-
tion of the Work and not specifically included in the agreed
upon schedule of job classifications referred to in para-
graph 1104.1 or specifically covered by paragraph 11.4.4--
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
I
I
I
11.5.2. Expenses (If CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site.
I
11.5.3. .-\ny part ufCONTRACTOR's capital expenses.
inclUding interest on CONTRACTOR'S capital employed
for the Work and charges against CONTRACTOR fur
delinquent payments.
I
11.5.4. Cost of premiums for all Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost of premiums covered by sub-
paragraph 11,4.5.9 .Ibove).
I
I
11.5.5. Custs due to the negligence of CONTRAC-
TOR. any Subcontra~tor. or anyone directly or indirectly
employed by any of i;,~m or for \Vho~e acts any of them
may be [iah!.:. !!i-:I'idin!; but nor limited to. the correction
of de.!i'( ;;" ','.'urk. Jisposal llf materials or equipment
wrongly SLl, ~oI ". .: ..,aking good any damage to prop-
erty.
I
I
11.5.6. Other l)\'erhead or general expense costs of
any kind and the costs of any item not specitically and
expressly induded in paragraph 1104.
I
CONTRACTOR's Fee:
11.6. The CONTRACTOR's Fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
11.6.1. a mutually acceptable fixed fee: or if none can
be agreed upon.
11.6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11.6.2. I. for costs incurred under paragraphs 1104.1
and 11A.2. the CONTRACTOR's Fee shall be fifteen
percent:
11.6.2.2. for costs incurred under paragraph 1104.3.
the CONTRACTOR's Fee shall be f.ve percent: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee. the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent:
11.6.2.3. no fee shall be payable on the basis of
costs itemized under paragraphs 11.4.4. 11.4.5 and 11.5:
11.6.2.4. the amoum of credit to be allowed by
CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by an amount equal to ten percent of the
net decrease: and
11.6.2.5. when both additions and credits are
involved in anyone change. the adjustment in CON-
TRACTOR's Fee shall be computed on the basis of the
net change in accordance with paragraphs 11.6.2.1
through 11.6.2.4. inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraph 1104 or 11.5. CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown together with supporting data.
Cash Allowances:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the Contract
Documents and shall cause the Work so covered to be done
by such Subcontractors or Suppliers and for such sums within
the limit of the allowances as may be acceptable to ENGI-
NEER. CONTRACTOR agrees that:
I I .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 at the site. and all applicable taxes: and
11.8.2. CONTRACTOR's costs for unloading and
handling on the site. lahor. installation costs. overhead,
profit and other e.'~penscs contemplated for the allowances
have been included in the Contract Price and not in the
23
I
I
I
allowances. No demand for additional payment on account
of any thereof will be valid.
I
Prior to final payment. an appropriate Change Order will be
issued as recommended by ENGINEER to reflect actual
amounts due CONTRACTOR on account of Work covered
by allowances. and the Contract Price shall be correspond-
ingly adjusted.
I
Unit Price Work:
11.9. I. Where the Contract Documents provide that
al\ 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 detennining an
initial Contract Price. Detenninations of the actual quan-
tities and classifications of Unit Price Work perfonned by
CONTRACTOR will be made by ENGINEER in accor-
dance with Paragraph 9.10.
I
I
I
I
I
11.9.2. Each unit price will be deemed to include an
amount considered by CO~'TRACTOR to be adequate to
cover CONTRACTOR's overhead and profit for each sep-
arately identified item.
I
11.9.3. Where the quantity of any item of Unit Price
Work perfonned by CONTRACTOR differs materially
and significancJy from the estimated quantity of such item
indicated in the Agreement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price in accordance with Anicle II if the parties are
unable to agree as to the amounc of any such increase.
I
I
I
ARTICLE l2-CHANGE OF CONTRACT TIME
I
12.1. The Contract Time may only be changed by a Change
Order or a Written Amendment. Any claim for an extension
or shortening of the Contract Time shall be based on written
notice delivered by the party making the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the extent of the claim with supporting data shall be deliv-
ered within sixty days after such occurrence (unless ENGI-
NEER allows an additional period of time to ascertain more
accurate data in suppon of the claim) and shall be accom-
panied by the claimant's written statement that the adjust-
ment claimed is the entire adjustment to which the claimant
has reason to believe it is enticJed as a result of the occurrertce
of said event. All claims for adjustment in the Contract Time
I
I
I
I
shall be detennined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment in the Contract Time will
be valid if not submitted in accordance with the requirements
of this paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include. but not be limited to.
acts or neglect by OWNER or others perfonning additional
work as contemplated by Article 7. or to fires. floods. labor
disputes. epidemics. abnonnal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this
Anicle 12 shall not exclude recovery for damages (including
but not limited to iees and charges of engineers. architects.
attorneys and other professionals and court and arbitration
costs) for delay by either party.
ARTICLE 13-W ARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS;
CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
Wamuzty and GlUU'a.lfUe:
13.1. CONTRACTOR warrants and guarantees to
OWNER and ENGINEER that all Work will be in accor.
dance with the Contract Documents and will not be defective.
Prompt notice of all defects shall be given to CONTRAC-
TOR. All defective Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13.
Access to Work:
13.2. ENGINEER and ENGINEER's representatives.
other representatives of OWNER. testing agencies and gov-
ernmental agencies with jurisdictional interests will have access
to the Work at reasonable times for their observation. inspecting
and testing. CONTRACTOR shall provide proper and safe
conditions for such access.
Tests and Inspections:
13.3. CONTRACTOR shall give ENGINEER timely notice
of readiness of the Work for all required inspections. tests or
approvals.
13.4. If Laws or Regulations of any public body having
jurisdiction require any Work (or part thereoO to specifically
be inspected. tested or approved. CONTRACTOR shall
assume full responsibility therefor. pay all costs in connection
therewith and furnish ENGINEER the required cenificates
of inspection. testing or approval. CONTRACTOR shall also
24
I
I
I
be responsible for and shall pay all costs in connection with
any inspection or testing required in connection with OWN.
ER's or ENGINEER's acceptance of a Supplier of materials
or equipment proposed to be incorporated in the Work. or of
materials or equipment submitted for approval prior to CbN.
TRACTOR's purchase thereof for incorporation in the Work.
The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless other.vise specified!.
I
I
13.5. All inspections. tests or approvals other than those
required by Laws or Regulations of any public body having
jurisdiction shall be performed by organizations acceptable
to OWNER and CONTRACTOR (or by ENGI:--:EER if so
specified).
I
I
13.6. If any Work (including the work of others) that is
to be inspected. tested or approved is covered without written
concurrence of ENGINEER. it must. if requested by ENGI-
NEER. be uncovered for observation. Such uncovering shall
be at CONTRACTOR's expense unless CONTR:1,.CTOR has
given ENGINEER timely notice ofCONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable prompmess in response to such notice.
I
I
I
13.7. Neither observations by ENGINEER nor inspec.
tions. tests or approvals by others shall relieve CONTRAC-
TOR from CONTRACTOR's obligations to perform the Work
in accordance with the Contract Documents.
I
I
Unco~'ering Work:
13.8. Ifany Work is covered contrary to the written request.
of E~GINEER. it must. if requested by ENGI:-iEER. be
uncovered for ENGINEER's observation and reolaced at
CONTRACTOR's expense. .
I
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGINEER or inspected
or tested by others. CONTRACTOR. at ENGINEER's
request. shall uncover. expo~e or otherwise make available
for observation. inspection ur testing as ENGI:--:EER ma\'
require. that portion of the Work in question. furnishing ail
necessary labor. material and equipment. If it is found that
such \Vork is "~ti:cril'('. CONTRACTOR shall bear all direct.
indirect and .:onsequenrial COStS of such uncovering. expo-
sure. observation. inspection and testing and of ~atisfactory
reconstruction. (includim! but not limited to fees ;lnd charges
of engineers. architects. ;ttorneys and other professionals).
and OWN ER shall be entitled [0 an appropriate decrease in
[he:: Contract Price. and. if [he parties are:: unable t~) agree as
to the:: amuunt thereof. may make a claim therefor a~ pr~vide::d
in Artick: II. It'. hOIl e\"er. slIch W~lrk is not f~'und to be::
"e.ti'('ril.". CO;-.;TRACTOR ~hall be:: allowed an in.:rease in
the:: Contr,lct Pri~... ,. r ..i\ <.:\...:nsion of the Contra.:t Time. l'r
both. directly attril1l1tabl..: Iv such uncovering. t:\posure::.
observation. in~p..:ctiun. testing and reconstructil'n: and. it'
the parties are unable to agr~t: as to the amount or extent
I
I
I
I
I
I
thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles 11 and 12.
Owner May Stop the Work:
13.10. If the Work is defectil'e. or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment. or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents. OWNER may order CONTRACTOR to s!op the
Work. or any portion thereof. until the cause for such order
has been eliminated: however.. this right of OWNER to stop
the Work shall not give rise to any duty on the part of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party.
Correction or Removal of Defective Work:
13.11. Ifrequired by ENGINEER. CONTRACTOR shall
promptly. as directed. either correct all defeclil'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 nondefecril'e Work. CONTRACTOR
shall bear all direct. indirec: :md 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 Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre-
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents. anv
Work is found to be defecril'e. CONTR.-\CTORshall promptly.
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such defecril'e Work. or.
if it has been rejected by OWNER. remove it from the site
and replace it with /Iondefeclil'e Work. If CONTRACTOR
does not promptly comply with the terms of such instructions.
or in an emergency where delay would cause serious risk of
loss or damage. OWN ER may have the defecril'e Work cor-
rected or the rejected Work removed and replaced. and all
direct. indirect and consequential costs of such removal and
replacement (includinlZ but not limited to fees and charges of
engineers. architects. ;ttorneys and other professional;) 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 e::arlier date if
so provided in the Specifications or by Written Amendment.
A.cceptance of Defective Work:
13.13. If. inst~ad of requiring correction or removal and
replacement of J,/ecri\'(! Work. OWNER land.' prior to
ENGIN EER's recomme::nuation of final payment. also
ENGINEER) prefers to acce::pt it. OWNER may do so. CON-
TRACTOR shall bear all Jirect. indirect and consequential
25
I..
I
I
costs attributable:: to OWNER's evaluation of and determi-
nation to accept such defective Work (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charges.of engineers. architects. attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment. a
Change Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Work:
and OWNER shall be entitled to an appropriate decrease in
the Contract Price. and. if the parties are unable to agree as
to the amount thereof. OWNER may make a claim therefor
as provided in Article II. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
I
I
I
I
OWNER May Correct Defective Work:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct defective Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
graph 13.11, or if CONTRACTOR fails to perform the Work
in accordance with the Contract Documents, or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents, OWNER may. after seven days' writ-
ten notice to CONTRACTOR. correct and remedy any such
deficiency. In exercising the rights and remedies under this
paragraph OWNER shall proceed expeditiously. To the extent
necessary to complete corrective and remedial action. OWNER
may exclude CONTRACTOR from all or part of the site, take
possession of all or part of the Work, and suspend CON-
TRACTOR's services related thereto, take possession of
CONTRACTOR's tools. appliances. construction equipment
and machinery at the site and incorporate in the Work all
materials and equipment stored at the site or for which OWNER
has paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER's represen-
tatives. agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this paragraph. All direct. indirect and con-
sequential costs of OWNER in exercising such rights and
remedies will be charged against CONTRACTOR in an amount
approved as to reasonableness by ENGINEER. and a Change
Order will be issued incorporating the necessary revisions in
the .Contract Documents with respect to the Work: and
OWNER shall be entitled to an appropriate decrease in the
Contract Price. and, if the parties are unable to agree as to
the amount thereof, OWNER may make a claim therefor as
provided in Article II. Such direct. indirect and consequen-
tial costs will include but not be limited to fees and charges
of engineers. architects. attorneys and other professionals,
all court and arbitration costs and all costs of repair and
replacement of work of others destroyed or damaged by
correction. removal or replacement of CONTRACTOR's
defective Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in per-
formance of the Work attributable to the exercise by OWNER
of OWNER's rightS and remedies hereunder.
I
I
I
I
I
I
I
I
I
I
I
I
ARTICLE I~PA YMENTS TO CONTRACTOR AND
COMPLETION
Schedule ofVa.i.Iles:
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.
Application for Progress Paymeru:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date of the Application
and accompanied by such supporting documentation as is
required by the Contract Documents. 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 OW1':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 property insurance and other arrangements to
protect OWNER's interest therein. all of which will be sat-
isfactory to OWNER. The amount of retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Warranty of Title:
14.3. CONTRACTOR warrants and guarantees that title
to all Work. materials and equipment covered by any Appli-
cation for Payment. whether incorporated in the Project or
not. will pass to OWNER no later than the time of payment
free and clear of all Liens.
Review of Applications for Progress 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 CONTRAcrOR 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 paragraph 14.7) become due and when due will be paid by
OWNER to CONTRACTOR.
14.5. ENGINEER's recommendation of any payment
requested in an Application for Payment will constitute a
26
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
representation by ENGINEER to OWNER. based on ENGI-
NEER's on-site observations of the Work in progress as an
experienced and qualified design professional and on ENGI-
NEER's review of the Application for Payment and the
accompanying data and schedules that the Work has pro-
gressed to the point indicated: that. to the best of ENGI-
NEER's knowledge. information and belief. the quality of
the Work is in accordance with the Contract Documents'
(subject to an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion. to the results of any
.subsequent tests called for in the Contract Documents. to a
final determinacion of quantities and classilications for Unit
Price Work under paragraph 9.10. and to any other qualifi-
cations stated in the recommendation): and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However. by recommending any such payment ENGINEER
will not thereby be deemed to have represented that e.'(haus-
tive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specincally assigned to ENGINEER in the
Contract Documents or that there may not be other matters
or issues between the panies that might entitle CONTRAC-
TOR to be paid additionally by OWNER or OWNER to
withhold payment to CONTRACTOR.
14.6. ENGINEJ:R's recommendation of final payment
will constitute an additional representation by ENGINEE"R
to OWNER that the conditions precedent to CONTRAC-
TOR's being entitled to final payment as set fonh in paragraph
14.13 have been fulfilled.
14.7. ENGINEER may refuse to recommend the whole
or any part of any payment if. in ENGINEER's opinion. it
would be incorrect to make such representations to OWNER.
ENGINEER may also refuse to recommend any such pay-
ment. or. because of subsequently discovered evidence or
the results of subsequent inspections or tests. nullify any such
payment previously recommended. to such extent as may be
necessary in ENGINEER's opinion to protect OWNER from
loss because:
14.7.1. the Work is defecti\'e, or completed Work has
been damage:! requiring correction or replacement.
14.7.1. the Contract Price has been reduced by Writ-
ten Amendment or Change Order.
14.7.3. OWNER has been required to correct defl!(,-
th'e Work or complete Work in accordance with paragraph
13.14. or
14.7.4. of ENGINEER's actual knowledge of the
occurrence of any of the events enumerated in paragraphs
15.1.1 through 15.1.9 inclusive.
OWNER may refuse to make payment of the full amount
recommended by ENGINEER because claims have been
made against OWNER on accollnt of CONTRACTOR's per-
formance or furnishing of the Work or Liens have been filed
in connection with the Work or there are other items entitling
OWNER to a set-off against the amount recommended. but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating the reasons for such
action.
Substantial Completion:
14.8. When CONTRACTOR .considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGI-
NEER issue a cenificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. If ENGIN EER does not con-
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete,
ENGINEER will prepare and deliverto OWNER a tentative
cenificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certilicate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative cenilicate during which to make
written objection to ENGINEER as to any provisions of the
cenilicate or attached list. If. after. considerin'g such objec-
tions. ENGINEER concludes that the Work is not substan-
tially complete. ENGINEER will within founeen days after
submission of the tentative cenificate to OWNER notify
CONTRACTOR in writing. stating the reasons therefor. If.
after consideration of OWNER's objections. ENGrNEER
considers the Work substantially complete. ENGINEER will
within said fourteen days execute and deliver to OWNER
and CONTRACTOR a delinitive certilicate of Substantial
Completion (with a revised tentative list of items to be com-
pleted or corrected) reflecting such changes from the tentative
cenificate as ENGINEER believes justified after consider-
ation of any objections from OWNER, At the time of delivery
of the tentative certificate of Substar.tial 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 security. operation. safety. maintenance. heat.
utilities. insurance and warranties. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior to ENGINEER's issuing the definitive
cenificate of Substantial Completion, ENGINEER's afore-
said recommendation will be binding on OWNER and CON-
TRACTOR until final payment.
14.9. OWNER shall have the right to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion. but OWN ER shall .Illow CONTRACTOR reasonable
access to complete or correct items on the tentative list.
PartiLll Uti/i:.ation:
14.10. Use by OWNER ofany finished pan of the Work.
which has specifically bc:c:n identified in the Contract Docu-
27
I
I
I
ments. or which OWNER. ENGINEER and CONTRAC-
TOR agree constitutes a separately functioning and useable
pan of the Work that can be used by OWNER without sig-
nificant interf'eretlce with CONTRACTOR's performance of
the remainder of the Work.' may be accomplished prior to
Substantial Completion of all the Work subject to the follow-
ing;
I
I
]4.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWNER to use any such
pan of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON.
TRACTOR agrees. CONTRACTOR will certify to OWNER
and ENGINEER that said part of the Work is substantially
complete and request ENGINEER to issue a certificate of
Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tially complete arid request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable time after either such request. OWNER.
CONTRACTOR and ENGINEER shall make an inspec-
tion of that part of the Work to determine its s.atus of
completion. If ENGINEER does not consider that part of
the Work to be substantially complete. ENGINEER will
notify OWNER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of the
Work to be substantially complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respect to cenification
of Substantial Completion of that pan of the Work and the
division of responsibility in respect thereof and access
thereto.
I
I
I
I
I
I
I
14.10.2. OWNER may al any time request CON.
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
ing 10 OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR together wilh a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security. operation. safety. maintenance. utilities. insur-
ance. warranties and guarantees for that pan of the Work
which will become binding upon OWNER and CON-
TRACTOR at the time when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
ing and so informed ENGINEER), During such operation
and prior to Substantial Completion of such part of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and, to
complete other related Work.
I
I
I
I
I
I
I
14.10.3. No occupancy or separate operation of part
of the Work will be accomplished prior 10 compliance with
the requirements of paragraph 5.15 in respect of property
insurance.
Final Inspection:
14.] I. Upon written notice from CONTRACTOR that the
entire Work or an agreed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writing of all
paniculars in which this inspection reveals that the Work is
incomplete or defective. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
Final Application for Payment:
]4.12. After CONTRACTOR has comple:ed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instrUctions. schedules., guaran-
tees. Bonds. certificates of inspection. marked-up record
documents (as provided in paragraph 6.19) and other docu-
ments-ail as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisionsof paragraph 14. ]6), CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract Documents. together with complete and legally
effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Work. In
lieu thereof and as approved by OWNER. CONTRACTOR
may furnish receipts or releases in full: an affidavit of CON-
TRACTOR that the releases and receipts include 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 or OWNER's property might in any way be respon-
sible. have been paid or otherwise satisfied: and consent of
the surety. if any. to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac-
lOry to OWNER to indemnify OWNER against any Lien.
Final Payment and Acceptance: '
14.13. If. on the basis of ENGINEER's observation of
the Work during construction and final inspection. and
ENGINEER's review of the final Application for Payment
and accompanying documentation-all as required by the
Contract pocuments. ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents have been fulfilled. ENGI-
NEER will. within ten days after receipt of the final Appli.
cation for Payment. indicate in writing ENGINEER's rec-
ommendation of payment and present the Application to
OWNER for payment. Thereupon ENGINEER will give
written notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of paragraph ]4.16.
28
I
I
I
Otherwise. ENGINEER will return the Application wCON-
TRACTOR. ind icating in writing the reasons for refusing to
recommend final payment. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
.cation. Thirty days after presentation to OWNER of the
Application and accompanying documentation. in appropri-
ate form arid substance. and with ENGINEER's recommen-
dation and notice of acceptability. the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR.
I
I
I
14.14. If. through no fault ofCONTRACTOR.tinal com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms. OWNER shall. upon receipt of CON-
TRACTOR's final Application for Payment and recommen.
dation of ENGINEER. and without terminating the Agree-
ment. make payment of the balance due for that portion of
the Work fully completed and accepted. If the remaining
balance to be held by OWNER for Work not fully. completed
or corrected is less than the retainage stipulated in the Agree-
ment. and if Bonds have been furnished as required in para-
graph 5. I. the written consent of the surety to the payment
of the balance due for that portion of the Work fully com-
pleted and accepted shall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions g\Jv-
erning final payment. except that it shall not constitute a
waiver of claims.
I
I
I
I
I
Contractor's Continuing ObligaJion:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accordance with the Contract Documents
shall be absolute. Neither recommendation of any progress
or final payment by ENGINEER. nor the issuance of a cer-
tificate of Substantial Completion. nor any payment by
OWNER to CONTRACTOR under the Contract Documents.
nor any use or occupancy of the Work or any part thereof by
OWNER. nor any act of acceptance by OWNER nor any
failure to do so. nor any review and approval of a Shop
Drawing or sample submission. nor the issuance of a notice
ofacceptability by ENGINEER pursuant to paragraph 14.13.
nor any correction of defecrjl'e Work by OWNER will con-
stitute an acceptance llf Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli-
gation to perform the Work in accordance with the Contract
Documents I except as provided in paragraph 14.16l.
I
I
I
I
I
Wai~'er of Claims:
14.16. The making and acceptance llf tinal payment will
constitute:
I
14.16.1. a waiver of all claims by OWNER against
CONTRACTOR. except claims arising from unsettled
Liens. from dl!.t,'crin' Wllrk appearing after final inspec-
til)n pursuant W paragraph 14.11 ur frllm failure tl) .:omply
wirh [he Contr.!ct Dll.:uments or the terms of allY special
guarantees specified therein : however. il will nl)( ':llnsti-
!lite a waiver hy OWNER uf any rights in resp.:ct l)f
I
I
CONTRACTOR's continuing obligations under the Con-
tract Documents: and
14.16.2. a waiver of all claims by CONTRACTOR
against OWNER other than those previously made in writ-
ing and still unsettled.
ARTICLE IS-SUSPENSION OF WORK AND
TERMINATlON
Owner May Suspend Work:
15.1. OWNER may. at any time and without cause. sus-
pend the Work or any portion thereof for a period of not more
than ninety days by notice in writing to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shall resume the Work on the date
so fixed. CONTRACTOR shall be allowed an increase in the
Contract Price or an extension of the Contract Time. or both.
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Articles 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 tiling
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 tiled against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of tiling. 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 CO NTRACTO R makes a general assign men t
for the benefit of creditors:
15.2A. if a trustee. receiver. custodian or agent of
CONTRACTOR is appointed under applicable law or under
contract. whose appointment or authoriry to take charge
of property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit
of CONTRACTOR's creditors:
15.2.5. if CONTRACTOR admits in writing an inabil-
ity to pay its debts gener:llly as they become due:
15.2.6. if CONTRACTOR persistently fails to perform
the Wllrk in accordance with the Cllntract Documents
~9
'1
I
I
(including. but not limited to. failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time):
I
15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body having jurisdiction:
I
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
1
15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
ments;
I
OWNER may. after giving CONTRACTOR (and the surety,
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations. terminate the services
of CONTRACTOR. exclude CONTRACTOR from the site
and take possession of the Work and of all CONTRACTOR's
tools. appliances. construction equipment and machinery at
the site and use the same to the full extent they could be used
by CONTRACTOR (without liability to CONTRACTOR for
trespass or conversion). incorporate in the Work all materials
and equipment stored at the site or for which OWNER has
paid CONTRACTOR but which are stored elsewhere. and
finish the Work as OWNER may deem expedient. In such
case CONTRACTOR shall not be entitled to receive any
further payment until the Work is finished. If the unpaid
balance of the Contract Price exceeds the direct. indirect and
consequential costS of completing the Work (including but
not limited to fees and charges of engineers. architects, attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance. CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rights
or remedies under this paragraph OWNER shall not be required
to obtain the lowest price for the Work performed.
I
I
I
I
I
I
I
I
I
15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
exiSting or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER will
not release CONTRACTOR from liability.
15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER. OWNER may. without cause and
without prejudice to any other right or remedy. elect to aban-
don the Work and terminate the Agreement. In such case.
CONTRActOR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses. which
will include. but not be limited to, direct. indirect and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects. attorneys and other professionals
and court and arbitration costs).
Contractor May Stop Work or Termina.te:
15.5. If. through no act or fault of CONTRACTOR. the
Work is suspended for a period of more than ninety days by
OWNER or under an order of court or other public 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 carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
. [The remainder of this page was left blank intentionally.J
I
I
I
30
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
ARTICLE l6--ARBITRATION
16.1 All claims, disputes and other matters in ~uestion between
OWNER and CONTRACTOR arising out of, or relating to, the Contract Docu-
ments or the breach thereof shall be decided under Georgia Law in the
Superior Court of Richmond County, Georgia.
(The remainder of this page was left blank intentionally.)
31
I
I
I
I
I
I
I
I
I
I.
I
I
I
I
I
I
I
I
,I
(This page was left blank intentionally.)
32
,~.
I
1
I:
1
I
.1
I
1
I
I
1
I
I
I
1
I
I
I
I
ARTICLE 17-MISCELLANEOUS
Giving Notice:
17.1. Whenever any provIsIon of the Contract Docu-
ments requires the giving of written notice. it will be deemed
to have been validly given if delivered in person to the indi-
vidual or to a member of the firm or to an officer of the
corporation for whom it is intended. or if delivered at or sent
by registered or certified mail. postage prepaid. to the last
business address known to the giver of the notice.
Computation of Time:
17.2.1. When any period of time is referred to in the
Contract Documents by days. it will be computed to exclude
the first and include the last day of such period. If the last
day of any such period falls on a Saturday or Sunday or
on a day made a legal holiday by the law of the applicable
jurisdiction. such day will be omitted from the computa-
tion.
17.2.2. A calendar day of twenty.four hours measured
from midnight to the next midnight shall constitute a day.
General:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or property because of any error, omis-
sion or act of the other party or of any of the other party's
employees or agents or others for whose acts the other party
is legally liable. claim will be made in writing to the other
party within a reasonable time of the first observance of such
injury or damage. The provisions of this paragraph 17.3 shall
nol. be construed as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the parties hereto. and. in particular but without
limitation. the warranties. guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.30.13.1. 13.12. 13.14.
14.3 and 15.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder. are in addition to.
and are not to be construed in any way as a limitation of. any
rights and remedies available to any or all of them which are
otherwise imposed or available by Laws or Regulations. by
special warranty or guarantee or by other provisions of the.
Contract Documents, and the provisions of this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each particular duty. obliga-
tion, right and remedy to which they apply. All representa-
tions. warranties and guarantees made in the Contract Doc-
uments will survive final payment and termination or com- .
pletion of the Agreement.
33
I
I
I
I
I
.1
I
I
I
I
I
I
I
I
I
I
I
I
I
SUPPLEMENTARY CONDITIONS
1.1 OWNER'S LIABILITY & PRaPERTY 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 insurance will be purchased by Augusta-
Richmond Country for this project
Current insurance coverages will remain in effect for the life of this 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
of liability of not less than $200,000 for any such damage sustained by two or
more persons in anyone accident.
The contractor shall either (1) require each of his subcontractors to procure
and to maintain during the life of his subcontract, Subcontractor's Liability and
Property Damage Insurance of the type and in the same amounts as specified in
the preceding paragraph, or (2) insure the activities of his subcontractors in his
own policy.
1.3 SPECIAL HAZARDS:
The contractor's and his Subcontractor's Liability and Property Damage
Insurance shall provide adequate protection against the following special hazards:
(a) Work within the right-of-ways of the Augusta-Richmond County
Road System.
(b) Work within easements granted by property
Owners in connection with the construction of the project.
(c ) Work in clOse proximity to existing water lines, telephone lines,
gas lines, other utilities and private structures contiguous
to the job site
SC-l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
1.5
1.6
1.7
1.8
1.9
1.4
TESTING LABaRATaRY:
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-Richmond County Public Works. There will be no
separate payment for this work.
SURVEYS:
The Contractor will provide surveying for construction staking, horizontal
control and vertical control as necessary.
PRaGRESS PAYMENT:
Section 14.2 of the General Conditions shall be amended as
follows:
The Contractor may submit monthly estimate for work
Completed and materials properly stored as approved
By the Engineer. When an estimate includes
materials stored, a bill of sale, invoice or other
documentation warranting that the awner
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.
ENGINEER:
All references to "Engineer" shall be interpreted to mean the Augusta
Richmond County Public Works Director, or his official designee.
UNDERGRaUND 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.
SAFETY: (Reference 6.20)
The Contractor shall use certified flagmen, barricades and signs as
necessary to notify the public, in particular, those persons driving in the vicinity
of the project, of the construction and its affect on traffic.
SC-2
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
SECTION P
PROPOSAL
Date: Ju I.. Y /8 ax>o
/
Gentlemen:
In compliance with your invitation for bids dated , 20 , the
undersigned hereby proposes to furnish all labor, equipment, and materials, and to
perform all work for the installation of streets, drainage improvements, and
appurtenances referred to herein as:
Vlillis Foreman Road Drainage Improvement
Project Number: 322~04-29282279l
in strict accordance with the Contract Documents and in consideration of the amounts
shown on t~e Bid Schedule attache~ hereto and totali..T1g:
r~ /IIIAJe>1Ce1J ,q'N ry. 61'~1-I1 /iI~USIJ~v ~ 7Hie~ hrTr-l0'lU6
,
t. CO;lOO DOLLARS (S3?f:3SC;. ao )
The undersigned hereby agrees that, upon written acceptance of tPis bid, he will
within 10 days ofreceipt of such notice execute a formal contract agreement vvith the
aVv"NER, and that he will provide the bond or guarantees required by the Contract
Documents.
The undersigned hereby agrees that, if awarded the contract, he will commence
the work llr.unediately after the date of written Notice to Proceed, and that he 'vvill
complete all major items of work within 185 calendar days.
The undersigned acknowledges receipt of the following addenda:
NONe
-Respectfully submittesl .
N ()/fj) IU MIl./. C O~ I/\J (f,.
.Q!a~ofFirm) A
.to. ~C~ 1~/(d" Htl6lJST>4 I GA
~y~~(?L -
Title: (]?,i41 ~~J
/ IV f..
309/7
P-l
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
WILLIS FOREMAN ROAD DRAINAGE IMPROVEMENTS
DETAILED ESTIMATE
PROJECT NO: 322-04-292822791
r~1%1~~~ :m'~,i-;f;-,:!:i~t:ii;~~~fm~~~['['%..~!.t'i:;~I.~~f~. '1tiilf* -,':,Ji~S~.i:"~:~~B~~f:i....
150-1000 ITAAFFICCONTROL . LS1'1=1";">~:~'~'1
LF I 600 j 3.5"6 I 2/00. ~Q II
I LF I 900 I $.00 I 2.700..Da I
I CY 600 I 2.'3.00 I l1.f'OO..~ I
I - I ~4:32 S700 I
/1. 00 I I, 700.00 I
50 I S/.oo I 2,S"J).oo I
150 I '19.00 I Z 3.50.00 i
150 I "'f.15 I ~ 312.51> I
100 I 2. S~ I 2 ~~.oo !
400 I 24.00 I ~ 'OO.OC I
I .$Ia.oo I /000.00 I
25 I 4jO.oo I I ~251J. 00 I
2tA 00 I 1000.00 j
60 I 42., '-0 I Z S"S1> .00
,37. ~ol 2. 1.. 74.00 I
4!:;, ~ 1/~/'o,O~ I
150 I if' . ,~ I '~99 ~ .s~ I
120 I ~~.S-o I 'J~ '8'0.00
50 I'J? 0 0 I 3550.00 I
8:, I /JO:~c I /~ioo.ooll
850 1 91. ~:to 17 ~ 776.00 I
I '/~: 00 I J 815:00 I
I e/s:oo I ~!J:06 I
I
550-3324 SAFS"Y END SECTION. 24 iN I EA,
IFLA,RED END SECTION 30 IN , STOR,''v1 DRAIN I
'550-4230 (WITH TOE WALLS) EA
163-2051
BALED STRAIN EROSION CONTROL CHECK
171-0010 TEMPOAARY SILT FENCE. TYPE A
207-0203 FOUND. BACKFILL MATL. TYPE 11
"'230-1000 ILUMP SUM CONSTRUCTION
318-3000 IAGGP. SURFACE COURSE
"402-3,,21,9MM SUPER-PAVE
.'402-3131 9.5MM SUPERPAVE
"402-3250 125i'v1M SUPERPAVE
"413-1000 lalTUM TACK COAT
441-0016 IDRIVEWAY CONCREE. 6 iN THICK
500-3101 ICLASS "A" CONCRETE (E:--lCASEMENT)
lCLASS "A" CONCRETE, INCL REINFORCING
500-3800 STEEL
ISTORM DRAIN PIPE, 15 IN, H 1-10,
550-1150 P.v.C.(YARD DR';IN)
STO~M DRAIN PIPE, 18 IN, H 1-10, DUCTiLe
550-1180 IRON
550-1240 STORM DAAIN PIPE. 241N H 1-10 RCP
550-1300 ISTORM DRAIN PIPE. 30 IN. H 1-10 RCP
ISTORM DRA.IN PIPE. 36 IN, H 1-~O, C.P.P.,
550-1360 SMCOTH WALL.ED
~50-1.:!20 ISTORM DRA.lN Pipe:. 42 !N. H ~-10 RCP
550-1480 ISTORM DR~IN PIFE. 48 IN. H 1-10 RCP
5.'SO-15.:!O ISTCF.:,i C'AAIN PIPE. 54 IN H 1-10. CLASS V
550-1540 STORM DRA.IN PIPE. 5.:! !N. H 1-10 Re?
LS
I TN I
I TN I
I I
I TN I
I GL I
I SY I
I Cy I
I CY I
I LF I
, LF I
I LF
TN
LF I
I LF I
I LF I
u: I
LF I
LF I
P.2
100
2
50
60
400
3
;1
I
I
I
I
I
I
I
I
,
I
,
I
I
I
I
I
,
,
WILLIS FOREMAN ROAD DRAINAGE IMPROVEMENTS
DETAILED ESTIMATE
PROJECT NO: 322.04-292822791
............ . ~!~'!'~i~;':;(f:~~~~@\%~3:'~f;f-~:g:~m~:,!1 ','" ...... ~::~':'~~:: ::::: :':::::: . ...............
&. ................... .At>~~kfi~t.j::.:.jl
..................... L', .... _,... . . . . ~-.....' . . ...... ..'. . . .
~IT~tf:~i~~ \~~~t~ .-..... ........ ........
:/~~bTY:i:::~: ::~~:~;P.RiCE~?:::
.....-. .-. . ---,-.. :;:~:::.:: ~~ :.::.~:..:: ::.:~ :';'.:..:.
. ...-....... .....
" .'. _.. _.'h"'.'
...4.................... .......'. .............. .'." ......". ........... . :::.:=.::::;:?:: :;,;::>:' .:::c> :::-: I
............ . ....... .............. . ........'... ......... ...W
........... . .. .".. ..-. _......
FLAR:D :ND SECTION 42 IN, S I ORM DRAIN I I I 1 () Is-. ()() I "o1O.0C I
'550-4242 I{WITH TOE WALLS) EA, 6
603-0006 ISTONE BLANKS PROTECTION, 6 IN I SY I 700 '.00 I S'oo.ool
603-1018 STONE PLAIN RIP-RAP, .18 IN, TYPE 1 I SY I 700 I 25':00 I I~ J~O. 001
IPLASTIC FILTER FABRIC I 1 I.~ I I
603-7000 SY 700 9 iO. DO!
611-5581 I RELOCATE WATER METER AND SERVICE I Ell., I 15 I aSb. ~ ~2rb.06!
I REPLACE MAILBOX I I I 2.10.00 I II
61/-9999 E~ 10 2.1 ()d ,Do i
ICH LK F=NCE. ZC COAT, 6 FT, I I I ,. '0 I I
643-1152 9 GA LF 50 345: 00 i
I I I /00.00 I (.I;O.OO i
643-8010 G.A.TE. CHAIN LINK ZC CO.A.T, .d' WIDE I
EA. .d II
643-8010 IGATE. CHAIN LINK ZC COAT. 8' WIDE I EA. I I ~O,OO I 4<JO.OO ;1
I 2 I
ISAN SEWE~ PIFE. I I I I /l,ao.oo I
660-0812 12 IN. DUCTILE IRON JO.OO !
LF 20 ,
I IDROP INLET. GP "I. TYP~ "3" I I I 9~.0Cl.1 ~~.OO)!
I 668.-2100 E;)" .
,
668-2100 IDROP INLET, GP 1. TYPE "C" I E.~ I 2 I I~.OO I ZSfXJ~O I
i 668-4300 ISTORM SEiNER MANHOLE. TYPE "I I Eo\ I 2 I /,16:"001 336~.oq
I IS70RM SEWER MANHOLE, TYPE 2. I I I 26tl.~1 :1
668-4311 ADDITIONAL DE?TH, CL 1 \/F .<1 /000,00;
ISTORlvl SEWER MANHOLE. TYFE 2, PF.E- I I I 2 ,~.ool /0,'00.<<>1
668-4400 CAST E; 4
668-7015 IDRAIN INLS, 15 IN. I E.A. 1 I 9'z. ~-:(X) I 9Z~:oo!
668-8014 I SAFETY GRATE. TP 4 I E~ 1 I z 8t-O,00 I Z8CO,OO!
\WATER MAIN, VERTICAL OFFSET, 6 IN., I 1 2 "00.001 Z'OO..(JO I
670-1061 COMPLETE E.~ 1
IWATE.~ MAIN, VERi ICAL OFFSET, 6 IN.. FIRE I I I 296~..()OI I
670-1061 ,HYDRANT . ~A, 1 29.mO~
\vVATER MAiN, VE~TICAL OFFSc 1,24 IN., I I I/~ '~-:DO 1 I
670-1241 COMPLETE E.; 1 /c?" i'6:0d
670-9710 P.E:"OCATE EXISTING >=,p.::: HYDRA:--4T I EA I . I /,ft)o,ool /6l>C.o~
,
IGP.P-.SSING COtvlPL.ETE I I I 2S'OO. 00 I I
700-50CO LS 1 lS-OO.ooj
i 700-9100 , BLOCK SOD I SV I 8000 I .s: I~ I 4~uo.(X)i
If TOTAL 810 PRICE; II c3 ~~.3S1. oel
P.3
I
I
I
I
I
I
I
I
I
I
I
I
I
t
J
J
J
,
J
I
WILLIS FOREMAN ROAD DRAINAGE IMPROVEMENTS
DETAILED ESTIMATE
PROJECT NO: 322-04-292822791
NOTES:
ALL MAILBOXES SHALL BE TREATED 4"X4"
OR 6" CIRCULAR POST MOUNTED AND
CONSTRUCTED OF WOOD OR MATERIAL
OTHER THAN SRICKfMASONRY/ CONCRETE
AND SHALL NOT EXCEED $250 E.ll.CH.
_ ALL FLARED END SECTIONS SHALL BE IN ACCORDANCE WITH GA DOT STD 1120, AND SHALL HAVE
TOE WALLS, TOE WALLS TO BE PAID IN UNIT PRICE OF FLARED END SECTION
--INCLUDES ESTIMATED HAUL ROUTE QUANTITIES
--LUMP SUM CONSTRUCTION INCLUDES, BUT IS NOT.L1MITED TO THE FOLLOWING: Backfilling ditch,
clear and grubbing, plugging pipes, ditch construction, reconstruction & grading, removals, remove & reset
fences and signs, remove; reconstruct columns and walls, excavation and any other item oi work without a
specific pay item.
F~
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
WILLIS FOREMAN ROAD DRAINAGE IMPROVEMENTS
Project No: 322-04-292822791
GENERAL NOTES
ADJUSTING MINOR STRUCTURES TO GRADE:
This item consists of raising or lowering the upper portion of existing manholes,
water valve boxes, gas valve boxes or any other miscellaneous structures within
the area of construction. There will be no separate payment for this work unless
shown as a separate pay item.
AGGREGATE SURFACE CaURSE:
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 legible set of "as-built" plans, in good condition, to
the Project Inspector no later than the date of the Final Inspection. Such plans
shall have all significant changes marked in red. The Project Inspector shall
review the marked plans for accuracy, legibility and completeness. As-built
plans, approved by the Project Inspector, must have the Inspector's signature on
the cover sheet. No "as..;built" plans will be accepted without the approval of the
Project Inspector.
caMP ACTlaN:
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
G-l
I
I
I
I
D
I
o
I
I
I
U
I
I
I
I
I
I
I
I
Department of Transportation Standards 1030-D and 1401. Backfilling
operations of this nature shall not begin until the Contractor has on hand all
equipment in good working condition, and competent operators.
The backfilling of pipe and other minor structures shall be in accordance with
Georgia Department of Transportation Standard specifications, Current Edition.
Backfilling with sand using jetting and/or flooding will not be allowed in any case
without the written permission of the Engineer.
CONCRETE:
The Contractor shall have a slump cone on the proj ect at all times when concrete
is being placed. He shall, in the Engineer's presence, perform slump tests as
directed by the Engineer. Tests shall be performed by qualified personnel with a
properly cleaned slump cone. Allowable slumps are 2" minimum and 4"
maximum. Class "A" concrete shall have a minimum of 611 lbs. Cement per
cubic yard. Class "B"concrete shall have a minimum of 470 lbs. Cement per
cubic yard. Concrete not meeting these requirements will be rejected by the
Engineer.
CONSTRUCTION:
At locations where new pavement is to be placed adjacent to existing pavement
without an overlay or where curbing is to be placed across paved parking lots, a
joint shall be sawed on a line to ensure pavement removal to be neat. Only those
joints sawed in concrete pavement will be paid for under the pay item-Sawed
Joints. . . Per Linear Foot.
The Contractor shall provide borrow and/or waste pits for this project. All pits
acquired for use on this project shall be reclaimed in accordance with Section 160
of the Standard Specifications. The Contractor's attention is directed to
subsection 107.23 of the Specifications.
All storm drain pipe, side drain pipe, pipe culvert wingwalls, steps, 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.
All miscellaneous construction details shall be m accordance with Georgia
Standard 903l-H.
G-2
I
I
I
I
I
o
D
D
I
I
I
I
I
I
I
I
I
I
I
CONSTRUCTIaN LAYOUT:
Construction layout work shall be performed by the Contractor. See Section 149
of the Standard Specifications. The survey for this project was made by W. R.
Toole Engineers at 706-722-4114.
CONSTRUCTION SCHEDULE:
The Contractor shall prepare a schedule identifying the primary construction
. activities and/or phases for constructing this project. This schedule shall be
presented at the Pre-Construction Conference.
DESIGN ALTERATIaNS:
The Commission-Council recognizes that various changes in design may be made
as the project progresses. Any requests for additional payment will be processed
based on actual work in place and the unit prices submitted as a part of this bid.
Items not covered in this bid shall be priced separately and no work shall be done
on these items until approved, in writing, by the Engineer.
ENGINEER:
In all contract documents, specifications, supporting documents, etc., the term
"ENGINEER" means, and shall be deemed to mean, the Augusta-Richmond
County Public Works Director or his designated representative.
ERaSION AND SEDIMENT CaNTRaL:
The Contractor shall be responsible for all soil erosion and sediment control
practices. All on-site erosion control shall comply with local Augusta Richmond
County erosion and sediment control ordinances. The cost of this work shall be
included in the cost of the project unless shown as a separate pay item.
EXCESS 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 pages PP A-I and
PPA-2.
FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the construction of this
project are to be returned to the pre-existing shape and slope and then finished and
dressed. No separate paYment will be made for grassing, fertilizing and mulching
of disturbed areas, unless specifically shown as a pay item.
0-3
I
I
I
I
I
I
o
I
I
D
I
I
I
I
I
I
I
I
I
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 ofthe presence of the flagger
shall be placed beyond the point where traffic can reasonably be expected to stop
under the most severe conditions for that day's work.
FOUNDATION BACKFILL MATERIAL, TYPE I:
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D
and Section 207 of the Standard Specifications. No separate payment will be
made for this material or its placement.
FOUNDA TIaN 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.
G-4
I
I
I
I
I
I
I
I
o
I
I
I
I
I
I
I
I
I
I
GRADING:
In contracts where grading, including excavation for drainage structures, is
accomplished under Section 210 (Grading Complete or Grading Per Mile) or
Section 230 (Lump Sum Construction), the Lump Sum amount bid will include
all work necessary to obtain the line, grade and compaction in accordance with
the Specifications and other contract documents. There will be no separate
payment for any work of this nature including borrow and the removal of
unsuitable and/or unstable material. However, the Contractor shall make
whatever investigations he deems necessary to determine the extent of any borrow
or removal necessary to meet contract requirements. If it develops that removal
of unsuitable/unstable materials quantities could not have been predicted by the
contractor from a reasonably thorough investigation of project conditions, the
Contractor may request negotiation for payment for excavation of this nature in
areas where the depth exceeds three (3) feet below sub grade. The Owner will
consider negotiation only when this type of removal is excessive and the
Contractor provides evidence that he thoroughly investigated project conditions
prior to entering his bid. Only those quantities in excess of three (3) below
finished subgrade and/or normal excavation for drainage structures, ordered by
the Engineer, will be considered for payment.
GRASSING AND EROSIaN CaNTRaL:
The Contractor shall bid on grassing, lump sum, and it shall be his responsibility
to determine the actual area to be grassed. No claims will be considered for extra
compensation if the contractor relies on plan information to prepare his bid.
All slope areas are to be grassed unless shown otherwise on plans. Temporary
grass is required if permanent grass season is out.
The Contractor shall be responsible for all soil erosion and sediment control
measures. All on-site erosion control shall comply with local erosion and
sediment control ordinances. The cost of this work shall be included in the cost of
the project unless shown as a separate pay item.
All unpaved and natural areas which are disturbed by the construction of this
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.
0-5
I
I
I
I
I
I
o
I
D
D
I
I
I
I
I
I
I
I
I
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 nitrog'en. No separate
measurement for payment will be made for any work or materials required to .
accomplish a stand of permanent grass.
INFESTATION:
The entire project is considered to be within the limits of an insect infested area.
The contractor's attention is called to the following sections of the Standard
Specifications: (A) 155 Insect control (B) 893 Miscellaneous Planting Materials.
INSPECTIONS:
This project will be inspected by the Engineer or his Representative.
MISCELLANEOUS DRAINAGE STRUCTURES:
All miscellaneous drainage structure such as Catch Basins, Drop Inlets,
Manholes, Junction Boxes, Spring Boxes, Drain Inlets, special Inlets, etc.,
whether standard or special design shall be paid for Per Each. There will be no
separate payment for additional depth unless specifically shown as a pay item.
NOTE: All Catch Basins, Drop Inlets, manholes, exposed Junction Boxes, etc.,
with concrete topslabs shall include manhole rings and covers.
PATCHING AND REPAIR OF MINaR DEFECTS:
Where necessary, the contractor is required to patch and repair existing potholes,
minor pavement defects and base failures in accordance with the Specifications.
PAYMENT FOR PIPE CULVERT INSTALLATIaN:
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 903l-L).
3. Payment for pipe culvert includes any required Concrete collars (See
Georgia Standard 9031-U).
4. All storm drain and longitudinal pipe shall include a-ring gaskets.
PIPE CULVERTS:
Unless otherwise noted, all storm drain, longitudinal and stub pipe are to be
reinforced concrete with 0- Ringed gasket joints.
G-6
I
I
g
I
n
I
I
I
I
I
I
D
I
I
I
I
I
I
I
All required pipe culverts shall be in accordance with Standard 1030-D.
Foundation Backfill Material Type I shall conform to Georgia Standard 1030-D.
No separate pay item will be made for this material or its placement.
Payment for pipe culvert or utility installation includes sawing and/or cutting and
removing existing pavement and replacing the pavement as specified in
accordance with Standard 1401. Payment for pipe culvert includes plugging
existing pipe with Class "A" or "B" concrete and for constructing concrete
collars.
The contractor shall include in his price bid for pipe, the additional cost of bends,
tees, fasteners, appropriate gaskets (see Section 848 of the Standard
Specifications), and structure excavation.
PRECAST CaNCRETE UNITS:
Precast Concrete Units, other than those specifically allowed by Georgia
Department of Transportation Specifications, such as Drop Inlets, Catch Basins,
Manholes, etc., shall not be installed without written permission from the
Engineer. Any such units installed without such written permission shall be
removed from the proj ect.
PRaPERTY CaRNERS AND MARKERS:
All right-of-way markers where required shall conform to Standard 9003. Right-
of-way markers shall be flush with the finished ground-line when so directed by
the Engineer.
Existing property comers either in conflict with construction, disturbed by
construction, or to be in a new location due to right-of-way acquisition are to be
reset by the Contractor at the proper time. No separate payment will be made for
this work.
REMaVING AND RESETTING OF OBSTRUCTIONS:
It shall be the Contractor's responsibility to remove and reset any and all
obstructions, such as fences, signs, concrete or brick planters, steps, walkways,
brick or concrete entrance columns, etc., which are in conflict with construction.
Contractors are responsible for the security of pets and/or personal property
through the use of temporary fence if necessary. No separate payment will be
made for this work except when shown as a separate pay item.
G-7
I
I
I
I
I
I
D
I
I
I
I
I
I
I
I
I
I
I
B
RIGHT-OF-WAY AND EASEMENTS:
The Contractor shall not perform any work outside the limits ofthe right-of-way
or easements. In addition, no Equipment or material shall be placed outside these
areas without written permission of both the property owner and the Engineer.
In the event that the Contractor elects to utilize private property for any purpose
connected with the project, such as but not limited to, staging areas, equipment
and/or material storage or simply as a convenience, he shall submit a written
agreement to the Engineer containing vital information such as limits of both area
and time the property is to be utilized and a description of the intended use. The
agreement must be signed by both the property owner and the Contractor and will
be reviewed and recorded by the Engineer. Such agreements must be submitted
prior to the contractor's use of the property.
SAW CUTS:
When matching eXlstmg conditions, saw cuts shall be used as required by
Augusta-Richmond County. anly 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.
SPECIFICATIONS, STANDARDS AND aTHER DATA:
All references in this document, (includes all papers, writings, documents,
drawings, or photographs used or to be used in connection with this document), to
State Highway of Georgia, State Highway Department, Highway Department, or
Department when the context thereof means the Georgia Department of
Transportation means, and shall be deemed to mean, Augusta-Richmond County,
Augusta-Richmond County Commission-Council Department of Engineering
Services.
The data, together with all other information shown on these plans, or indicated in
any way thereby, whether by drawings or notes or in any other matter, are based
upon field investigations and are believed to be indicative of actual conditions.
However, the same are shown as information only, are not guaranteed, and do not
bind Augusta-Richmond County, Georgia in any way. Only the actual quantities
completed and accepted will be paid for. The attention of the bidder is
specifically directed to Subsections 102.04, 102.05, and 104.03 of the Standard
Specifications, of the Georgia Department of Transportation,. current edition,
which will be part of this contract.
This project is based on and shall be constructed in accordance with the State of
Georgia Department of Transportation Standard Specifications for Construction
of Roads and Bridges, current edition and any supplements thereto. All of these
specifications shall be considered as though fully contained herein. In cases
where conflicts arise within these specifications, they will be revised to resolve
0-8
I
I
I
I
I
I
I
I
I
I
I
I
I
o
o
I
D
I
I
such conflict. Until the conflict is resolved, the interpretation of the Engineer
shall control the situation.
This project shall be constructed in accordance with current Georgia Department
of Transportation Roadway Standards and Construction Details.
STORM DRAIN PIPE:
Unless otherwise note, all storm drain, longitudinal and stub pipe are to be
reinforced concrete and shall include O-ring gaskets.
SUBCONTRACTORS:
The Contractor shall furnish the official name of all firms he proposes to use as
Subcontractors in the work. This information should be furnished at the
Preconstruction conference. However, no work shall be done on this project by a
Subcontractor until the Contractor receives written approval of his
Subcontractor(s) from the Engineer. The Engineer shall notify the Contractor in
writing within 10 calendar days whether or not approval of the Subcontractor(s) is
granted.
NOTE: All submission shall include the following information for each
Subcontractor:
1) Name of Subcontracting Firm
2) Description of Work To Be Done
3) Contact Person's Name and Phone Number
Copies of all submission shall be submitted to:
Ms. Brenda Byrd-Pelaez
Room 211 Municipal Building
530 Greene Street
Augusta, Georgia 30911
TESTING OF THE WORK:
The Contractor shall employ a qualified materials testing laboratory to monitor
more fully the quality of materials and work and to perform such tests as may be
required under the contract documents as conditions for acceptance of materials
and work. THE ENGINEER MAY aRDER TESTING AT ANY TIME HE
DEEMS PROPER Ta CaNTRaL THE QUALITY aF THE WaRK.
Concrete compressive strength tests are required on this project (see Section 500
of the Georgia Department of Transportation Specifications). Other tests may be
required where necessary.
G-9
I
I
I
I
I
I
I
B
I
I
I
I
I
I
I
I
I
I
I
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.
On projects that include asphaltic concrete, cores shall be cut in the asphaltic
concrete at random locations, selected by the Engineer, to verify thicknesses. A
minimum of three (3) cores per mile or three (3) cores per project, whichever is
greater, shall be cut by the Contractor. If all thicknesses are satisfactory, in
accordance with Section 400 of the Department of Transportation specifications,
no further cores will be required. If cores indicate an unsatisfactory thickness,
additional cores, as determined by the Engineer and at locations of the Engineer's
choosing, shall be cut to determine the extent of the unsatisfactory thickness.
Corrections as shown in Section 400 of the Department of Transportation
Specifications shall be made where required. There will be no separate payment
for cutting cores, filling core holes, or corrective work. Payment shall be included
in the price bid for asphaltic concrete items or in the overall bid price of the
contract.
TEST ROLLING:
Prior to placing any base course, the sub grade shall be test rolled on six feet
centers using a loaded dump truck or other equipment approved by the Engineer.
TRAFFIC CaNTROL:
The Contractor shall provide construction signs in accordance with requirements
of "Manual on Uniform Traffic Control Devices for Streets and Highways",
current edition with added supplements and special provisions.
The attention of the Contractor is specifically directed to Subsection 107.09 of the
Standard Specifications regarding barricades, danger, warning, and detour signs.
All temporary signs, barricades, flashing lights, striping and any other traffic
control devices required during construction of this project shall meet all
requirements of the M.U.T.C.D., current edition, as directed by the Engineer and
be furnished by the ContraCtor with payment in accordance with Section 150.
The Contractor shall so conduct his operations that there will be a minimum of
interference with, or interruption of, traffic on the travelway. This applies to the
initial installation and the continuing maintenance and operation of the facility.
At least one-lane, two-way traffic shall be maintained at all times unless approved
otherwise by the Engineer. As a minimum, the Contractor must comply with the
manual on Uniform Traffic Control Devices, current edition and Georgia
Standard 9102.
G-lO
I
I
I
I
I
I
U
n
D
I
I
D
I
I
I
I
I
'I
I
TRAFFIC CONTROL DEVICES:
The Contractor shall provide all temporary traffic control devices needed to safely
direct traffic through the construction area.
All temporary traffic control devices are to be placed in accordance with Georgia
Department of Transportation Standards and Specifications.
UTILITIES:
The Contractor's attention is directed to the possibility of encountering private
utility installations consisting of sanitary sewers, water, sprinkler systems,
ornamental light systems, gas and underground telephone cables that either are
obstructions to the execution of the work and need to be moved out of the way or,
if not, must be properly protected during construction. No separate payment will
be made for this work. Public utilities of this nature will be handled by the utility
owner.
THE FOLLaWING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WaRK
BEGINS:
Georgia Power Company
Post Office Box 488
Augusta, Georgia 30904
Telephone (706) 667-5528
Attention: Ray Staulcup
Georgia Natural Gas Co
Post affice Box 1426
Augusta, Georgia 30913
Telephone (706) 481-1420
Attention: Thomas Harwell
Bell South
3841 Wrightsboro Road
Augusta, Georgia 30909
Telephone (706) 828-8500
Attention: Bert Neese
Comcast
1424 Monte Sano Avenue
Augusta, Georgia 30904
Telephone (706) 736-6515
Attention: Kevin O'Meara
Augusta Utilities
2760 Peach Orchard Road
Augusta, Georgia 30906
Telephone (706) 796-5000
Attention: Robin McMillon
UTILITIES:
All utility facilities which are in conflict with construction, not covered as
specified items in the detailed estimate, are to be removed and relocated to clear
construction by the respective owners, unless added later to the contract as a
supplemental item. All "above ground" utility structures will be located as near
as possible to the right-of-way line.
G-ll
I
I
I
I
I
o
I
o
I
o
H
I
I
I
I
I
I
I
I
The Contractor will not be paid for any delays or extra expense caused by utility
facilities, obstructions or any other items not being removed or relocated to clear
construction in advance of his work.
All known utility facilities are shown schematically on highway plans, and not
necessarily accurate in location as to plan or elevation. Utility facilities such as
service lines or unknown facilities not shown on the plans will not relieve the
Contractor of his responsibility under this requirement except as noted below.
"Existing Utility Facilities" means any utility facility that exists on the highway
project in its original, relocated or newly installed position.
Other than service lines from street mains to the abutting property the contractor
will not be held responsible for the cost of repairs to damaged underground utility
facilities when such facilities are not shown on the plans and their existence is
unknown to the Contractor prior to the damage occurring, providing the Engineer
determines the Contractor has otherwise fully complied with the Specifications.
The following utility owners have facilities which may conflict with construction
of this proj ect:
NAME OF UTILITY aWNER
TYPE OF FACILITY
Georgia Power Company
Georgia Natural Gas Company
Comcast
Bellsouth
Augusta Utilities
Power
Gas
Cable
Telephone
Water, Sewer
The Contractor shall use the one-call center telephone number 1-800-282-7411
for the pwposes 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,
ifnot, must be properly protected during construction. No separate payment will
be made for this work. Public utilities of this nature will be handled by the utility
owner.
G-12
I
I
I
I
I
I
I
9
I
I
I
D
I
U
I
I
I
D
I
UTILITY AcCaMMaDATIaN paLICY:
In so far as possible, work shall be scheduled so that open excavations will not be
left overnight. Where trenches, pits or other excavations are within the clear
roadside areas and cannot be backfilled before leaving the job site, they shall be
covered by timbers or metal plates and protected by reflectorized and/or lighted
barricades as appropriate and as directed by the Engineer. Barricades sufficient to
prevent a person from falling into an excavated or work area must be erected in
areas where these conditions exist.
G-B
I
I
I
I
g
I
I
a
I
I
I
D
I
I
I
I
I
D
D
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
August 28, 1995
First Use: October 20, 1995
Modification of Special Provision
Section 150 - Traffic Control (Rev. June 21, 1994)
Retain Section 150 as written and add the/ollowing:
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.
150.03.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE
REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQUIRE THE USE OF
WARNING FLAGS.
Delete first sentence of second paragraph and substitute:
Construction warning signs which are mounted at less than seven feet in height (portable .signs) shall
have two 18 inch x 18 inch fluorescent red-orange or orange-red warning flags mounted on each sign.
,c-/
I
I
I
I
I
I
I
I
I
I
I
I
I
U
I
I
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.04.E.2.a.2.: Retain. as written. and add: In lane shift areas skip lines are not allowed. Solid lines are
required. '.
150.04. E.2.b.1.: Retain. as written. and add: In lane shift areas skip lines are not allowed. Solid lines are
required.
150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Delete all referen.ces to Type 9 and substitute Type
11 (eleuen).
150.10 PAYMENT: Item N.o. 641. Delete reference to Type 9 and substitute Type 11 (eleuen.).
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
June 22, 1994
First Use: July 24, 1994
Modification of Standard Specifications, 1993 Edition
Retain Section. 150 as written and add the following:
For this project, all references in the Standard Construction Details listed below to Type I Barricades,
Type II Barricades, Type "A" flashing-lights and Type.IIC" 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.
Detail "A" as shown on Georgia Standard 4960 is deleted.
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
Rev. June 21, 1994
First Use: July 24, 1994
Rev.: August 16, 1994
Modification of the Standard Specifications, Current Edition
Delete Section 150 as written. and substitute the following:
150.01 DESCRIPTION: This section as supplemented by the Plans, Specifications, and MUTeD shall be
considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and
removing necessary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic
control devices and shall include f:lagging and other means for guidance and protection of vehicular and
-rc-z
I
I
I
I
I
I
I
I
I
o
I
I
I
I
I
I
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
pedestrian traffic through the Work Zone. This Work shall include both maintaining existing devices
(excluding Traffic Signals) and installing additional devices as necessary in construction work zones.
When any provisions of this Specification or the Plans do not meet the minimum requirements of the
Manual on Uniform Traffic Control Devices (MUTCD), the MUTCD controls. The 1988 Edition of the
MUTCD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration of the
project.
A The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor
(WTCS) who shall be responsible for selecting, installing and maintafuing 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 du~es. '
As the representative of the Contractor, the WTCS shall have full authority to act on behalf of the
Contractor in administering the Traffic Control Plan. The WTCS shall have appropriate training in
safe traffic control practices in accordance with Part VI of the MUTCD. In addition to the WTCS all
others making decisions regarding traffic control must meet the training requirements of Part VI of
the MUTCD. On projects where traffic control duties will not require full time supervision, the
Engineer may allow the Contractor's Project Superintendent to serve as the WTCS as long as
satisfactory results are obtained. .
The WTCS shall have a copy of the MUTCD on 'the job site. Copies of current MUTCD may be
obtained from:
U.s. Government Printing Office
Superintendent of Documents
Mail Stop: SSOP
Washington, D.C. 20402-9328
The WTCS shall be available on a 24-hour basis as needed to maintain traffic control devices with
access to all personnel, materials and equipment necessary to respond effectively to an emergency
situation within forty-five (45) minutes of notification of the emergency.
The WTCS shall supervise the initial installation of traffic control devices which will be reviewed by
the Engineer prior ~ the beginning of construction. Modifications to traffic control devices as required
by sequence of operations or staged construction must be reviewed by the WTCS. The WTCS shall
regularly perform inspections to ensure that traffic control is maintained.
B. All traffic control devices used during the construction of a project shall meet the Standards utilized
in the MUTCD, and shall comply with the requirements of these Specifications, Project Plans, and
Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09.
C. All reflectonzation for construction (black on orange) signs, object markers, and channelization
devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other
signs shall meet the requirements of Type I unless otherwise specified.
D. No work shall be started on any project phase until the appropriate traffic control devices have been
placed in accordance with, Project requirements. Changes to traffic flow shall not commence unless
all labor, materials, and equipment necessary to make the changes are available on the Project.
E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation,
sequence of work and methods of providing for the safe passage of vehicular and pedestrian traffic
before it is placed in operation. The proposed plan of operation should supplement the approved
traffic control plan. Any major changes ~ 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.
/C'-3
I
I
I
I
I
I
I-
I
I
I
I
I
I
I
I
I
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Some additional traffic control details will be required prior to any major shifts of traffic. The traffic
control details shall include, but not be limited to, the following:
1. A detailed drawing showing traffic location and laneage for each step of the change.
2. The location, size, and message of all signs required by the MUTCD, Plans, Special Provisions,
and other signs as required to fit conditions.
3. The method to be used in, and the limits of, the obliteration of conflicting lines and markings.
4. Type, location, and extent of new lines and markings.
5. Horizontal and vertical alignment and superelevation'rates for detou,rs, including cross section
and profile grades along each edge of existing pavement.
6. Drainage details for temporary and permanent alignments.
7. Location, length, and/or spacing of channelization and protective devices (temporary barrier,
guardrail, barricades, etc.)
8. Starting time, duration and date of planned change.
9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing
workforce, materials, and equipment necessary to accomplish the proposed work. This will be the
minimum resource allocation required in order to start the work.
The above details shall be submitted to the Engineer for approval at least 14 days prior to the
anticipated traffic shift. The Contractor shall have traffic control details for a traffic shift which has
been approved by the Engineer prior to commencement of the physical shift. All preparatory work
relative to the traffic shift which does not interfere with traffic shall be accomplished prior to the
designated starting time. The Engineer and the Contractor's representative will verify that all
conditions have been met prior to the Contractor obtaining materials for the actual traffic shift.
F. Traffic control devices shall be in acceptable condition when first erected on the project and shall be
maintained in accordance with Subsection 104.05 throughout the construction period. All
unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic
control devices shall be removed, placed or covered so as not to be visible to traffic. If traffic control
devices are left in place for more than ten days after completion of the Work. the Department shall
have the right 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 constrnction operations when, in the opinion of the
Engineer, the continuance of the Work 'would seriously hinder traffic flow on days immediately before,
on, or after holidays or other days in which unusual traffic conditions exist, including threatening or
inclement weather.
150.02 WORK ZONES:
A. In addition to the other provisions contained herein, work zone traffic control shall be accomplished
using the following means and materials:
1. Portable advance warning signs as r,equired by the contract or meeting the requirements of the
MUTCD and Sub-Section 150.03.
2. Portable sequential or flashing arrow panels as shown in the Plans or Specifications for use on
Interstate or multi-lane highway lane closure only, shall be a minimum size of 48" high by 96"
/c-~
I"
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
wide with not less than 15 lamps used for the arrow. The arrow will occupy virtually the entire
size of the arrow panel and shall have a minimum legibility distance of one mile. The minimum
legibility distance is that distance at which the arrow panel can be comprehended by an observer
on a sunny day, or clear night. Arrow panels shall be equipped with automatic rHmming features
for use during hours of darkness. The arrow panels shall also meet the requirement.9 as shown
in the MUTeD. The sequential or flashing arrow panels shall not be used for lane closures on two-
lane, two-way highways when traffic is restricted to one-lane operations in which case,
appropriate signing, flaggers and when required, pilot vehicles will be deemed sufficient.
3. Portable changeable message signs meeting the requirements of Section 632 and the MUTeD.
4. Channelization devices meeting the standards of the MUTCD and Subsection 150.05.
5. Precast concrete barrier meeting the requirements of Section 622.
6. Temporary traffic signals meeting the requirements of Section 647.
7. Pavement marking materials complying with Subsection 150.04.A.
B. LANE CLOSURES:
1. All lane closures shall have prior approval of the Engineer. Lane closures that require same
direction traffic to be split around the Work Area will not be approved for roadways with posted
speeds of 35 mph or greater, excluding turn lanes.
2. On multilane highways where traffic has been shifted to the inside lanes for overnight use, the
entrance and exit ramps shall have channelization devices placed on both sides of the ramp. The
temporary ramp taper length shall be greater than, or equal to, the existing taper length. Interim
EXIT gore signs shall be placed at the ramp divergence. Channelization device spacing in the first
100 feet of the temporary gore shall be 25 feet.
3. Termination Area: The transition to normal or full width highway at the end of a lane closure
shall be a maximum of 150 feet.
4. To provide the greatest possible convenience to the public in accordance with Subsection 107.07,
the Contractor shall remove all signs,lane closure markings, and devices immediately when lane
closure work is completed or temporarily suspended for any length of time or as directed by the
Engineer.
C. TRAFFIC PACING METHOD:
1. PACING OF TRAFFIC: With prior approval from the Engineer, traffic may be paced allowing the
Contractor up to ten (10) minutes maximum to work in or above all lanes of traffic for the
following purposes:
a. Placing bridge members or other bridge work.
b. Placing overhead sign structures.
c. Other work items requiring interruption of traffic.
The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing light for
each direction of pacing. The police officer; Engineer, and flaggers at ramps shall be provided with a
radio which will provide continuous contact with the Contractor.
-rc-..:)
I
I
m
I
I
D
I
I
I
I
I
I
I
I
I
I
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
When ready to start the work activity, the police vehicle will pull into the travel lanes and act as a
pilot vel1icle slowing the traffic thereby providing a gap in traffic allowing the Contractor to perform.
the Work. Anyon-ramps between the pace and the work area shall be blocked during pacing of traffic,
with a flagger properly dressed and equipped with a Stop/Slow paddle. Each ramp should be opened
after the police vehicle has passed.
Pilot vebicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph
non-interstate. The Contractor shall provide a vehicle to proceed in front of the police vehicle and
behind the other traffic in order to inform the Contractor's work force when all vehicles have cleared
the area.
Traffic will not be permitted to stop during pacing except in extreme cases as approved by the
Engineer.
2. METHODS OF SIGNING FOR TRAFFIC PACING: At a point not less than 1,000 feet in advance of
the beginning point of the pace, the Contractor shall erect and cover a W-special sign (72 inch x 72
inch) with a Type "B" flashing light, with the legend "TRAFFIC SLOWED AHEAD SHORT DELAY'
(See Detail 150-A). A portable changeable message sign may be used in lieu of the W -special sign. On
divided highways this sign shall be double indicated. A worker with a two-way radio shall be posted
at the sign, and upon notice that the traffic is to be paced shall turn on the flashing light and reveal
the sign. When traffic is not being paced, the flashing light shall be turned off and the sign covered
or removed. W-special signs are reflectorized black on orange, Series "C" letters and border of the size
specified. . .
o/c_r;
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
;",,!.':'" ,
TYPE ..- 'LASMIIC LICHT aN TRAFFIC SIDE
,. IMlIGIN
".,- IOIIltA
]- IUDIUS
53-
, I.S.
,.
,z-
"'.IV fR1 ~ ~ ~ ~ ~
to- r 52- - '1 10-
. ~~@'~~
15-""" ~2' 'j15
~~~~~
~~@~J ..~~~! w
t..~. :.: .Lj-
I. SER. 'C'
12-
12- SER. ee'
I.
12-
12- SER. "C.
.-
12.
12- SEA. 'C-
-....
I.
,.
w-srECIM. SIGN
C TE~ flCl$ T ..:u.lED I
SIQt SHALL MAY[ lua UC[)C) Ale IOAC€R
IJC CIUNCE "l'LECTDRIZED BAaCRCUID
DETAIL 150-A
D. The Contractor's trucks and other vehicles shall travel in the direction of normal roadway traffic
unless separated by a positive barrier, or when construction activity necessitates otherwise, and shall
not reverse direction except at intersections, interchanges, or approved temporary crossings.
E. The Contractor shall ensure that dust, mud, and other debris from construction activities do not
interfere with normal traffic operations or adjacent properties.
F. 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 nighttj,me operation shall wear
reflectorized vests.
/(::'-7-
I
I
I
I
I
I
I
I
D
o
I
n
I
I
I
I
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
I. The parking of Contractor's and/or workers personal vehicles within the work area or adjacent to
traffic is prohibited.
J. The Worksite Traffic Control Supervisor CWTCS) shall monitor the work to ensure that all the rocks,
boulders, construction debris, stockpiled materials, equipment, tools and other potential hazards are
kept clear of the travelway. These items shall be stored in a location, in so far as practical, where they
will not be subject to a vehicle running off the road and striking them.
K. All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate
changes to existing walkways, temporary walkways shall be provided and maintained, with
appropriate signs as necessary, to allow safe passage of pedestrian ~c.
150.03 SIGNS:
A When required for proper traffic control during construction of the project, all existing guide, warning,
and regulatory signs shall be maintained by the Contractor in accordance with these Specifications.
Existing street name signs shall be maintained at street intersections. All existing illuminated signs
shall remain lighted and be maintained by the Contractor.
B. When not in use, all inappropriate traffic signs or portions thereof shall be removed, placed or covered
so as not to be visible to traffic. All construction warning signs shall be removed within seven calendar
days aft:.er time charges are stopped or pay items are complete. Subsequent punch-list or other work
to be performed shall be accomplished utilizing temporary construction warning signs that shall be
removed daily.
C. The Contractor shall not remove any existing signs and supports without prior approval from the
Engineer. All existing signs and supports which are to be removed shall be stored and protected as
directed by the Engineer, and become the property of the Department unless otherwise specified in
the contract documents.
D. Interim guide, warning, or regulatory signs required to direct traffic shall be furnished, installed,
reused and maintained by the Contractor in accordance with the MUTCD, the Plans, Special
Provisions, or as directed by the Engineer. These signs shall remain the property of the Contractor.
The bottom of all interim signs shall be at least seven feet above the level of pavement edge.
.
E. Existing special guide signs on the Project shall be maintained until conditions require a change in
location or legend content. When change is required, existing signs shall be modified and continued
in use if the required modification can be made within existing sign borders using design
requirements Oegend, letter size, spacing, border, etc.) equal to that 'of the existing signs, or of
Subsection 150.03.E.5. Differing legend designs shall not be mixed in the same sign.
1. SPECIAL GUIDE SIGNS: Special guide signs are those expressway or freeway guide signs that
are designed with a message content Oegend) that applies to a particular roadway location. When
an existing special guide sign is in conflict with work to be performed, the Contractor shall remove
the conflicting sign and reset it in a new, nonoC)nflicting location which has been approved by the
Engineer.
2. INTERIM SPECIAL GUIDE SIGNS: When it is not possible to utilize existing signs, either in
place or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new
interim special guide signs in accordance with the Plans or as directed by the Engineer.
3. INTERIM OVERHEAD GUIDE SIGN STRUCTURES: Interim overhead special guide sign
structures are not required to be lighted unless specifically required by the Plans. rflighting 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.
-rc- a
I
I
g
I
I
I
o
I
n
D
I
I
I
I
I
B
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. The installation of new permanent special guide signs and the permanent modification or
resetting of existing special guide signs, when included in the contract, shall be accomplished as
soon as practical to m;n;mhe 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, 01' a replacement for, existing
expressway and freeway (interstate) signs must be designed and fabricated in compliance with
the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways"
and Part 2F "Guide Signs Freeways" of the MUTeD, except that the minimum size of all letters
and numerals in the names of places, streets and highways on all signs shall be 16 inches Series
"E" initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48
inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the
exit road name or route shield shall be placed on the exit gore sign.
F. MATERIALS - INTERIM SIGNS:
1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that green
or silver paint may be used in lieu of galvanization for steel posts or structural shape posts. Wood
posts are not required to be pressure treated. .
2. SIGN BLANKS AND PANELS - All sign blanks and panels shall conform to Section 912 of the
Specifications except that blanks and panels may be ferrous based or other metal alloys. Type 1
and Type 2 sign blanks shall have a minimum thickness of 0.08 inches regardless of the sign type
used. Alternative sign blank. materials (composites, poly carbonates, fiberglass reinforced plastics,
recycled plastics, etc.) shall have a letter of approval from the Office of Materials and Research
for use as interim construction signs before these materials are allowed to be incorporated into
the work. Signs shall be painted to prevent rost 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 MUTeD. Limbs, brosh, construction equipment and
materials shall be kept clear of the driver's line of sight to the signs.
H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the
MUTeD and shall 'include a series of at least three advance road construction (W20-1) signs placed
at the termini of the project. The series shall have the legend ROAD WORK (1500 FEET, 1000 FEET,
AND 500 FEET.) In addition to the above, multi-lane divided highways shall also have the legend
ROAD WORK (2 MILES, 1 MILE, AND 1/2 MILE.) On-ramps and at grade intersecting roadways
shall be signed with a minimum of one ROAD WORK AHEAD sign.
All construction warning signs shall have two 18 inch x 18 inch fluorescent red-orange or orange-red
warning flags mounted on each including the project construction signs (G20-1 and G20-2A.) Project
mileage indicated on the G20-1 sign shall be the actual project mileage rounded up to the nearest
whole mile. All construction warning signs on divided highways shall be double indicated (i.e., on the
left and right sides of the roadway.) .
I. The sequential or flashing arrow panels shall be placed on the shoulder at or near the point where
the lane closing transition begins. The panels shall be mounted on a vehicle, trailer, or other suitable
support. Vehicle mounted panels shall be provided with remote controls. Minimum 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.
"/c-?
I
I
I
I
g
I
I
I
o
I
I
U
I
I
I
I
I
I
I
': ~..
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
K. The flashing beacon assembly, when specified, shall be used in co~unction with constroction warning
signs, regulatory, 01' guide signs to inform traffic of special road conditions which require additional
driver attention. The flashing beacon assembly shall be installed in accordance with the requirements
of Section 647.
150.04 PAVEMENT MARKINGS
A Generally, full pattern pavement markings in accordance with Section 652 and in conformance with
Section 3A and 3B, except 3B-3 and 3B-5, of the MUTCD are required on all courses before the
roadway is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E. During
construction and maintenance activities on all highways open to traffic, both existing markings and
markings applied under this Section shall be fully maintained until Final Acceptance. If the pavement
markings are, 01' become, unsatisfactory in the judgement of the Engineer due to wear, weathering,
or construction activities, they shall be restored immediately. On resurfacing projects pavement
markings shall be provided on all surfaces that are placed over existing markings. On widening and
reconstruction projects (where the lane configuration is altered from the pre-construction layout)
pavement markings will be as required by the Plans or the Engineer. On new construction projects
pavement marking plans will be provided.
B. MATERIALS: All traffic striping applied under this Section shall be a minimum four inches in width
and shall conform to the requirements of Section 652, except as modified herein. Raised pavement
markers (RPMs) shall meet the requirements of Section 654. Markings on the final surface course
which must be removed shall be a removable type. The Contractor will be permitted to use paint,
thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise
directed by the Engineer. Partial (skip) reflectorization (Le. reflectorizing only a portion of a stripe)
will not be allowed.
C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of
markings in the final lane configuration at the earliest possible stage.
Inappropriate 01' conflicting existing pavement markings shall be removed.
When shifting of traffic necessitates removal of centerline,lane lines, 01' edge lines, all such lines shall
be removed prior to, during, 01' immediately after any change so as to present the least interference
with traffic.
Before any change in traffic lane(s) alignment, marking removal equipment shall be present on the
project for immediate use. If marking removal equipment failures occur, the equipment shall be
repaired or replaced (including leasing equipment if necessary), so' that the removal can be
accomplished without delay.
Except for the final surface, markings on asphaltic concrete may be obliterated by an overlay course,
when approved by the Engineer. When an asphaltic concrete overlay is placed for the sole purpose
of eliminating conflicting markings and the in place asphaltic concrete section will allow, said overlay
will be eligible for payment only if designated in the Plans. Overlays to obliterate lines will be paid
for only once and further traffic shifts in the same area'shall be accomplished with removable
markings. Only the minimum asphaltic concrete thickness required to cover lines (generally 60 IbJsq.
yd. of Asphaltic Concrete "H") will be allowed. Excessive build-up will not be permitted. When an
overlay for the sole purpose of eliminating coI1f1icting markings is not allowed, the :markings no longer
applicable shall be removed in accordance with Subsection 656.02. The elimination of conflicting
pavement markings by overpainting with paint or liquid asphalt is not acceptable.
D. Raised pavement markers (RPMs) are required as listed below for all asphaltic concrete pavements
before the roadway is open to traffic. When Portland Cement Concrete is an intermediate 01' final
surface and is open to traffic, one calendar day is allowed for cleaning and drying before the
installation of RPMs is required.
TC-/GJ
I
I
I
I
I
I
I
I
R
I
I
I
I
I
I
I
I
I
I
", ~.... .,'> . .:.,.... '=.." ".
, -
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA '
. "
1. On Interstate and limited access highways under construction, excluding projects consisting
primarily of asphalt resurfacing items, retro-reflective raised pavement markers CRPMs) shall be
placed and/or maintained 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.)
E. EXCEPTIONS FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattern
of markings are permitted as noted below, however, full pattern pavement markings are required for
the completed project.
1. TWO-LANE, TWO-WAY ROADWAYS
a. SKIP LINES: 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.
-rc-//
I
I
I
I
I
I
I'
n
I
I
o
o
I
I
I
I
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Interim raised pavement markers may be substituted for the interim skip (broken) stripes.
Ifraised pavement markers are substituted for the four foot interim skip stripe, four markers
spaced at equal intervals over a foar 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 mar.kers be attached by the use
of nails.
The interim raised pavement markers must be maintained until the full pattern pavement
markings are applied. At the time full pattern pavement markings are applied the interim
raised markers shall be removed in a manner that will not interfere with application of the
full pattern pavement markings. .
b. NO PASSING BARRIER: On two-lane, two-way roadways for periods not to exceed three
calendar days where skip centerlines are in place, no-passing zones may be identified by
using post or portable mounted DO NOT PASS regulatory signs (R4-1 24" x 30") at the
beginning and at interVals not to exceed 1/2 mile within each no-passing zone. A post or
portable mounted PASS WITH CARE regulatory sign (R4-124" x 30") shall be placed at the
end of each no-passing zone. Post mounted signs shall be placed in accordance with the
MUTCD. Portable signs must have. a minimum vertical height of three feet above the
pavement surface to the bottom of the sign and be secured in such a manner as to not be
easily blown over or misaligned.
c. EDGELlNES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that
are in use for a period of less than 60 calendar days except at bridge approaches, on lane
transitio~, lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 30 calendar days of the time that the final surface
was placed.
(2) .All Other Types of Pavement: Edgelines will not be required on intermediate surfaces that
are in use for a period ofless than 30 calendar days except at bridge approaches, on lane
transitions, lane shifts, and in such other areas as determined by the 'Engineer. On the final
surface, edgelines must be placed within 14 calendar days of the time that the surface was
placed.
d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopb~s, symbols,
words and other similar markings shall be placed on final surfaces conforming to Section 652
within 14 calendar days of completion of the final surface. On intermediate surfaces these
markings will generally not be required unless specified by the Engineer because of special
. conditions or when the intermediate surface will be in use for more than 45 calendar days.
2. MULTI-LANE HIGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOUR FEET OR LESS
a. UNDMDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE)
(1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers
shall be restored before nightfall.
'TC-/~
I
I
I
I
I
I
I
I
D
I
o
o
I
I
I
I
I
I
U
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.l.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 ffiGHWAYS (GRASS OR RAISED MEDIAN)
(1) Lanelines - Full pattern skip stripe shall be restored before nightfall.
(2) CenterlinelEdgeline - Solid lines shall be placed on intermediate and final surfaces within
three calendar days of obliteration.
c. Miscellaneous Pavement Markings Same as Subsection 150.04.E.1.d.
3. LIMITED ACCESS ROADWAYS AND ROADWAYS WITH PAVED SHOULDERS GREATER
THAN FOUR FEET
a. Same as Subsection 150.04.E.2. except as noted iD. (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 easily visible to oncoming traffic. A lead vehicle is not
required for low volume off-system routes and one-way traffic applications.
2. The work vehicle applying markings shall have a sequential or flashing arrow panel mounted on
the rear. If the work vehicle is also functioning as the lead vehicle then an approved arrow panel
shall be mounted so as to be easily visible to oncoming traffic. The work vehicle shall follow
directly behind the lead vehicle.
3. The work vehicle placing cones shall follow directly behind the ~ork vehicle applying the
markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the
rear.
'/ V-/3
I
I
g
g
I
D
I
I
I
I
I
I
I
I
I
I
B
D
D
. .......;..:. .. .:',
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
4. For multi-lane roadways a protection vehicle shall follow the above vehicles and the protection
vehicle shall also display a prominent sign With the legend PASS ON LEFT (RIGHT). On
interstate and limited access roadways, the protection vehicle shall be equipped with a truck
mounted attenuator (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 travel way through the work zone and alert
drivers and pedestrians to conditions created by work activities in or near the travel way.
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 lS0.01.C.
(2) APPUCATION: Drums shall be used as the required channelizing device to delineate the
full length of a lane closure, shift, or encroachment, except as modified by this Subsection.
(a) TRANSITION TAPERS AND LANE CLOSURES: Drums shall be used on all
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 of lateral shift (Ft.) x the posted speed limit (Mph), (L = WS), but not
less than 150 feet. For multiple lane closures, only one lane may be closed per taper with
a minimum. tangent length of 2L between tapers. The length of a closed lane, excluding
the transition taper, will be limited to two mile, unless otherwise approved or directed by
the Engineer. DrnmlJ shall be placed the full length of the taper spaced at maximum.
intervals in feet equal to the. numerical speed limit (EXAMPLE: 55 Mph Speed Limit =
55 feet maximum. spacing).
For taper lengths on urban, residential or other streets where the posted speed is 40 mph
or less, the minimum. length of the approach transition taper may be computed using the
formula L = WS~ /60. Greater taper length shall be used when required for individual
situations.
Drums with steady burning lights, for the length of the taper only, are required if the
condition exists into the night.
(b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for
various roadside work conditions except as modified by Subsection 160.06. Spacing shall
be used for situations meeting any of the conditions listed as follows:
(1) 50 FOOT SPACING MAXIMUM:
(a) For difference in elevation exceeding two inches.
(b) For healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail
lSO-E..
re-/]Z
: " "'.: .~'~'i:
I
I
I
I
U
I
D
I
D
D
I
I
I
I
I
I
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) 100 FOOT SPACING MAXIMUM:
(a) For difference in elevation of two inches or less.
(b) Flush areas where equipment or workers are within ten feet of the travel lane.
(3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than
ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane.
(a) For paved areas eight feet or greater in width that are paved flush with a
standard width travel lane. .
(b) For disturbed shoulder areas not completed to typical section that are flush
to the travel lane and considered a usable shoulder.
When the appropriate signs are posted advising of conditions such as soft or low
shoulder, drums may be removed after shoulders are completed to typical section
and grassed and after guardrail or other safety devices have been installed.
b. VERTICAL PANELS:
(1) DESIGN: All vertical panels shall have a minimum of 270 square inches of retro-reflective
area facing the traffic and shall meet the requirements of the MUTCD.
(2) APPLICATION: Lane encroachment by the drom on the travelway should permit ;l
remaining lane width often feet. When encroachment reduces the travelway to less than ten
feet, vertical panels shall be used to restore the travel way to ten feet or greater. No other
application of vertical panels will be permitted.
c. CONES:
(1) DESIGN: All cones shall be a miniI:lium of28 inches in height regardless of application and
shall meet the requirement of the MUTCD.
(2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight
closures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime
work will not be permitted.
d. BARRICADES:
(1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III
barricades shall meet the minimum requirements of the MUTeD and shall be reflectorized
as required in Subsection l50.0l.C.
(2) APPLICATION: Type III barricades shall be placed as required by the plans~ the
Standards, and as directed by the Engineer.
e. WARNING LIGHTS:
(1) DESIGN: All warning lights shall meet the requirements of the MUTeD.
(2) APPLICATION:
(a) Type A low-intensity flashing lights shall be used as shown in the Plans, the
Standards, and as directed by the Engineer. Flashing lights are not required for advance
warning signs in Subsection 150.03.H. .
-rC-/5
I"
I
I
I
I
I
I-
I
I
I
I
I
I
I
I
I
I
I
I
-" . .~_:~ . .
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(b) Type C Steady-Burn lights shall be used on all tapers when the condition e%iatI into
the night. Steady-burn 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) APPLICATION: Portable Barriers shall be placed as required by the plans. standards, and
as directed by the Engineer. When Portable Barrier is located 20 feet or less from a travel
lane, yellow reflectors shall be fixed to the top of the barrier at intervals not greater than 50
feet and shall be mounted approximately two inches above the barrier. The reflectors shall
be either 10" x 10" square Type V (or equal) reflective sheeting mounted 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 treatment in" accordance with Georgia Standard 4960,.
Construction Details and Standard Specifications.
On interstate or other controlled access highways where lane shifts or crossovers cause
opposing traffic to be separated by less than 40 ft., precast concrete barrier shall be used as
a separator.
B. TEMPORARY SAND LOADED ATTENUATOR MODULES
1. DESCRIPTION: This work consists 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 Attenuator shall meet the requirements of Subsection 648.02
for Type 2 Sand Loaded Modules - Cylindrical Drums or Type 2-A Sand Loaded Modules _
Stabilizer Drums with Wine Glass shaped Inner Containers.
3. CONSTRUCTION: Temporary Sand Loaded Attenuator Module installation shall conform to the
requirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard
4960 and shall be installed at locations designated by the Engineer.
C. PORTABLE IMPACT ATTENUATORS:
1. DESCRIPTION: This work consists of the furnishing (including spare parts), installation,
maintenance, relocation, reuse as required, and removal of Portable Impact Attenuators.
2. MATERIALS: Materials used in the Attenuator shall meet the requirements of Section 650 for
Type A Portable Impact Attenuators. "
3. CONSTRUCTION: Portable Impact Attenuator installation shall conform to the requirements of
Subsection 650.03, Manufacturer's recommendations, and Georgia Standard 4960 and shall be
installed at locations designated by the Engineer, and/or shown on the plans.
D. TEMPORARY GUARDRAIL ANCHORAGE - Type 11:
1. DESCRIPTION: This work consists of the furnishing, installation, maintenance and removal of
Temporary Guardrail Anchorage - Type 11 used for Portable Barrier or temporary guardrail end
treatment.
TC-/~
I
I
I
I
I
I
I
I
I
I
I
I
I
o
I
I
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
2. MATERIALS: Materials used in the Temporary Guardrail Anchorage - Type 11 shall meet the
requirements of Subsection 641.02 of the Standard Specifications and current Georgia Standards
and may be new or used. Materials salvaged from the Project which meet the requirements of
Standards may be utilized if available. The use of any salvaged materials will require prior
approval of the Engineer.
3. CONSTRUCTION: Installation of the Temporary Guardrail Anchorage - Type 11 shall conform
to the requirements of the Plans, current Georgia Standards and Subsection 641.03 of the
Standard Specifications. Installation shall also include sufficient additional guardrail and
appurtenances to effect the transition and connection to Temporary Concrete Barrier as required
. by the details in Georgia Standard 4960.
150.06 EXCAVATION ADJACENT TO A TRAVEL lANE: Construction work involving. trenching acijacent
to a travel way shall not begin until the Contractor is able to continuously place the required typical
section to within two inches of the existing pavement elevation, or heal the remaining difference in
elevation to the traveled way as shown in Detai1150-E.
Channelization devices and placement during the construction period shall conform to the requirements
of Subsection 150:05 and Details ISO-B, ISO-C, lS0-D, and 150-E shown herein.
In addition to the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT)
(RIGHT) LANE NARROWS" with two flags shall be kept just off the paving edge and 500 feet upstream
of the point where channelization devices are erected on the paving edge.
A STONE BASES, SOIL AGGREGATE BASES, AND SOIL BASES: Drop-offs in elevation of more. than
two inches between surfaces carrying, or acijacent 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 acijacent to traffic will not be allowed for more than 48 hours.
C. PORTLAND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work
acljacent to the traveled way which involves these .types of bases shall be healed within 48 hours after
the curing period is complete for each section placed. During the placement period, traffic control
devices will be in accordance with Subsection 150.05 and Detail 150-B.
D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRAVELWAY: Work such as
drainage structures, utility facilities, or any other work which results in a drop-off acijacent to the
travelway shall be performed expeditiously so as to minimize the exposure to the hazard. As soon as
practical, the excavation shall be backfilled to the minimum requirements of Detail 150-E. In no case
will the drop-off be allowed to exist more than five calendar days. This may require stage construction,
such as plating and backfilling the incomplete work.
7C- /7
I
I
I
I
I
I
I
I
g
I
I
I
I
I
I
I
I
I
I
.~ . '
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
NOTEI Drums reQUIred for thIs
loeotlon.soaced at SO FT. lntervals.
If the traveled way wfdtn
Is reduced to less thcln
10 feet by tne use of drums.
vertical panels anaU be used
In lieu of druna.
Location of dr"",s when
drop-off exceeds .. Inches.
----------~....
---_...:~---~---'\
,
1- NEW CONS TRUCTION l'
~
TRAVEL LANE
DROP-OFF GREATER THAN 4 INCHES
DETAIL 150-B
Drums spaced at
50 feet rnteryals.
LocatIon of drums when
drop-off Is 2+ Inches to
.. lnches.
~~~-=-------\.
-----------'\
~
it
NEW CONSTRUCTION
+
TRAVEL LANE
~
DROP-OFF OF 2+ INCHES TO 4 INCHES
DET AIL 150-C
/ ~-/J>
I
I
I
I
I
o
I
I
I
U
I
I
I
I
I
D
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Orums spaced at
100 feet Int.rvals.
Locatron of drl.lns when
drop-off Is 2 Inches or le.ss.
~f':':~______\
-----------\
~
t
NEW CONSTRUCTION
+
TRAVEL LANE
~
DROP-OFF OF 2 INCHES OR LESS
DETAIL 150-0
LocatIon of drums ImmedIately
after completIon of healed sectron.
spaced at 50 ft. rntervals.
Compacted oraded
aoor.oote.subbase
m01"er-lo' 01"" dTr-1".
TOP OF DRUM TO BE LEVEL
2 ft. +/-
----------~&
--------.---\
NO STEEPER THAN 4:1
-4C
~
t
NEW CONS TRUCTlON
+
}---+
TRAVEL LANE
HEALED SECTION
. DEi AIL 150-E
TC- /1
I
I-
I
I
I
I
I
I
I
I
I
-I
I
I
I
I
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.07 FLAGGING AND PILOT CARS:
A. Flaggers shall be provided as required to handle traffic, as specified in the PIans or Special Provisions,
and as required by the Engineer.
B. All flaggers shall meet the requirements of the MUTCD and must have received training and a
certificate upon completion of the training from a Department approved training program. Failure
to provide certified flaggers as required above shall be reason for the Engineer suspending work
involving the flagger(s) until the Contractor provides the certified flagger(s). .
C. Flagg-ers shall 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 reflectorized stripes on front and back.
D. Pilot vehicles shall be provided if specified in the Plans or Specifications and meet the requirements
oftha MUTCD.
E. Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with
the MUTeD. In addition to the signs required by the MUTCD, signs at regular intervals, warning of
the presence of the flagger shall be placed beyond the point where traffic can reasonably be expected
to stop under the most severe conditions for that day's work.
150.08 ENFORCEMENT: The safe passage of pedestrians and traffic through and around the temporary
traffic control zone, while minimizing confusion and disruption to traffic flow, shall have priority over all
other Contractor activities. Continued failure of the Contractor to comply with the requirements of Section
150 (TRAFFIC CONTROL) will result in non-refundable deductions of monies from the Contract as shown
in this Subsection for non-performance of Work.
Failure of the Contractor to comply with this Specification shall be reason for the Engineer suspending
all other work on the Project, except erosion control and traffic control, taking corrective action as
specified in Subsection 105.15, and/or withholding payment of monies due the Contractor for any work
on the Project until traffic control deficiencies are corrected. These other actions shall be in addition to
the deductions for non-performance of traffic control.
-rc-~o
I
I
I'
I'
I
I
I
I
n
I
I
I
I
I
I
I
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
:.
SCHEDULE OF DEDUCTIONS FOR EACH CAlENDAR DAY OF DEFICIENCIES OF
TRAFFIC CONTROL INSTALLATION AND/OR MAINTENANCE
ORIGINAL TOTAL CONTRACT AMOUNT
From More Than To and rncludin~ Daily Ch~e
$0 $100,000 $100
100,000 1,000,000 250
1,000,000 5,000,000 500
5,000,000 20,000,000 750
20,000,000 40,000,000 1,000
40,000,000 - 1,500
150.09 MEASUREMENT:
A. TRAFFIC CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump
Sum price bid, which will include all traffic control not paid for separately, and will be paid as follows:
When the first Construction Repo.rt 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 Qess
previous payments), not to exceed one hundred (100) percent and subject to normal retainage.
When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the
requirements of Section 150 and the Traffic Control Plan shall be in full force and effect. The cost of
complying with these requirements will not be paid for separately, but shall be included in the overall
bid submittal.
B. SIGNS: When shown as a pay item in the contract, interim special guide signs will be paid for as
listed below. All other regulatory, warning, and guide signs, as required by the Contract, will be paid
for under Traffic Control Lump Sum or included in the overall bid submitted.
1. Interim ground mounted or interim overhead special guide signs will be measured for payment
by the square foot. This payment shall be full compensation for furnishing the signs, including
supports as required, erecting, illuminating overhead signs, maintaining, removing, re-erecting,
and final removal from the Project. Payment will be made only one time regardless of the number
of moves required.
2. Remove and reset existing special guide signs, ground mount or overhead, complete, in place, will
be measUred for payttlent 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.
-rc-z/
I
I
I
o
I
D
I.
I
n
I
I
I
I
I
I
I
I
I
I
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622.
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured
as specified in Section 632.
E. TEMPORARY GUARDRAIL ANCHORAGE, Type 11: Temporary Guardrail Anchorage _ Type 11 will
be measured by each assembly, complete in place and accepted according to the details shown in the
plans, which shall also include the additional guardrail and appurtenances necessary for transition
and connection to Temporary Concrete Barrier. Payment shall include all necessary materials,
equipment, labor, site preparation, maintenance and removal.
F. TRAFFIC SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation _ Temporary will be
measured as specified in Section 647.
G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in
Section 647.
H. TEMPORARY, SAND LOADED ATTENUATOR MODULES: Each Sand Loaded Attenuator Module
of the type specified includes all material components, hardware, incidentals, labor, site preparation'
and maintenance. Each module will be measured for payment by the drum only once regardless of the
number oflocations installed. Modules to replace those damaged or destroyed by traffic impact will
also be measured by the unit for payment. Upon completion of the project, the modules shall be
removed and retained by the Contractor.
1. PORTABLE IMPACT ATI'ENUATORS: Each Portable Impact Attenuatar will be measured by the
unit which shall include all material components, hardware, incidentals, labor, site preparation, and
maintenance, including spare parts recommended by the manufacture for repairing minor accident
damage. Each unit will be measured only once regardless of the number oflocations installed, moves
required, or number of repairs necessary because of traffic damage. Upon completion of the project,
the units shall be removed and retained by the Contractor.
J. PAVEMENT MARKINGS: Pavement markings will be measured as specified in Section 150.
150.10 PAYMENT:
When shown in the Schedule of Items in the Proposal, the following items will be paid for separately.
Item No. 150. Traffic Control. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sum
Item No. 150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe_ Inch, (Color) .............. per Linear Mile
Item No. 150. Traffic Control, Solid Traffic Stripe,
Thermoplastic Inch, (Color) ... ,,: . . . . . . . . . . . . . . . . . . . . . . per Linear Mile
Item No. 150. Traffic Control, Skip Traffic Stripe,
Thermoplastic Inch, (Color) ........................... per Linear Mile
Item No. 150. Traffic Control, Pavement Arrow with Raised Reflectors.. .... ..... . ..... per Each
Item No. 150. Traffic Control, Raised Pavement Markers - All Types. . . . . . . . . . . . . . . . . .. per Each
Item No. 150. Interim Ground Mounted Special Guide Signs. . . . . .. . . . . . . . . . . . .. per Square Foot
Item No. 150. Interim Overhead Special Guide Signs .......................... per Square Foot
-rc;z z
I
I Item No. 150.
I Item No. 150.
0 Item No. 150.
Item No. 150.
I Item No. 150.
Item No. 150.
I Item No. 150.
R Item No. 150.
Item No. 622.
I Item No. 632.
Item No. 641
I Item No. 647.
Item No. 647.
.1 Item No. 647.
J
I
J,
_I,
,I,
I
J
I
I
'-.'.~". . ;", .
DEPARTMENT OF TRANSPORTATION
STATE' OF GEORGIA
Remove & Reset EXisting Special Guide Signs,
Ground Mount, Complete in Place. . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ' per Each
Remove & Reset, Existing Special Guide Signs,
, Overhead,Complete in Place ..................................... Per Each
Traffic Control, Temporary Sand Loaded Attenuatar ModUles ............ per Each
Traffic Control, Portable Impact Attenuator . . . . . . . . . . . . . . . . . . . . . . . . . . .. Per Each
Traffic Control, Pavement Markers, Words and Symbols ...... . . . .. per Square Foot
Traffic Control, Pavement Arrow (Painted) With Raised Reflectors. . . . . . . .. per Each
Modify Special Guide Sign, Ground Mount. . . . . . . . . . . . . . . . . . ~ . . .. per Square Foot
Modify Special Guide Sign, Overhead ........................... per Square Foot
~ecast Concrete Median Barrier '. . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . per Lin~ar Foot
Changeable Message Sign"Portable ... .',.... ........... ... .. . . . ...... per Each
Temporary Guardrail Anchorage, Type 11 ....,........................ per Each
Traffic Signal Installation, Temp ................................... ~ Lump Sum
Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . . . . . . . ,per Each
Flashing Beacon Assembly, Cable Supported . . ~ . . . . . . . . . . . . . .. . . . . . . . .. per Each
-rC-Z3