HomeMy WebLinkAboutWalton Way Reconstruction
Augusta Richmond GA
DOCUMENT NAME: 'Wo- \ -tDY'"\ ~ ~e(.OVlS r-vua\OI1
DOCUMENT TYPE:(rO 'po~ Q.. \
YEAR: \qCri
.-
BOX NUMBER: ':J
FILE NUMBER: \ 3lD5 '3
NUMBER OF PAGES: ~\ '{
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CONTRACT DOCUMENTS
FOR
WALTON WAY
RECONSTRUCTION
PROJECT NO. 58-8015-097
GA. DOT PROJECT NO. : PRLOP-8530-55(245)CT. 1
RICHMOND COUNTY
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LIST OF PROJECT DOCUMENTS
Walton Way Reconstruction
Project Number: 58-8015-097
SECTION
PAGES
Instruction to Bidders
IB-l thru IB-3
Georgia Prompt Pay Act
PPA-l
Minority and Economically
Disadvantaged Business Support
ME-l
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-3
Construction Exit
CE-l
GI~neral Notes
G-l thru G-15
T:raffic Control
TC-l thru TC-23
County Contract Specifications
CC-l thru CC-27
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SECTION IB
INSTRUCTION TO BIDDERS
IB-()1
GENERAL
All proposals must be presented in a sealed envelope,
addressed to the Owner. The proposal must be filed with the
OwnE~r on or before the time stated in the invit'ation for bids.
Mailed proposals will be treated in every respect as though
filE!d 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may be withdrawn at the discretion of the bidder, but no
proposal may be withdrawn for a period of sixty (60) days after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
conf.:>rmation of the ground, the character, quality and quantity
of 1:he facilities needed preliminary to and during the
prosl3cution 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
conVE~rsa tion with any officer, agent, or employee of the Owner,
either before or after the execution of the contract, shall
affect or modify any of the terms or obligations therein.
IB-03
ADDENDA AND INTERPRETATIONS
No interpretation of the meaning of plans,
speci.f ications or other prebid documents will be made to any
bidde:r orally.
Every request for such interpretation should be in
writing addressed to the Director of Public Works, 1815 Marvin
Griffin Road, Augusta, Georgia 30906, and to be given
consideration must be received at least five days prior to the
date fixed for the opening of bids. Any and all such
interpretations-and any supplemental instructions will be in
the form of written addenda to the specifications which, if
issued, will be sent by certified mail with return receipt
requested to all prospective bidders (at. the respective
addresses furnished for such purposes), not later than three
days prior to the date fixed for the opening of bids. Failure
of any bidder to receive any such addendum or interpretation
shall not relieve such bidder from any obligation under his bid
as submitted. All addenda so issued shall become part of the
Contract Documents.
IB-1
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IB-04
PREPARATION OF BIDS
Bids shall be submitted on the forms provided and
must be signed by the bidder or his authorized representative.
Any corrections to entries made on bid forms should be
ini"tialed 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
bid~;. Failure to quote on all items may disqualify the bid.
When quotations on all items are not required, bidders shall
insE!rt the words "no bid" where appropriate.
Alternative bids will not be considered unless
specifically called for.
Telegraphic bids will not be considered.
Modifications to bids already submitted will be allowed if
submitted by telegraph prior to the time fixed in the
Invi.tation for Bids. Modifications shall be submitted as such,
and ~;hall not reveal the total amount of either the original or
revi:;ed bids.
B~ds by wholly owned proprietorships or partnerships
will be signed by all owners. Bids of corporations will be
signE!d by an officer of the firm and his signature attested by
the secretary thereof who will affix the corporate seal to the
propc.sal.
NOTE: A 10% Bid Bond is required in all cases.
IB-OS BASIS OF AWARD
The bids will be compared on the basis of unit
price:;, as extended, which will include and cover the
furni:;hing of all material and the performance of all labor
requif;ite 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 ChE!ck all items of construction. In case of error in
extension of prices in a proposal, unit bid prices shall
goverl1.
IB-2
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IB-06
BIDDER'S OUALIFICATIONS
No proposal will be received from any bidder unless
he c:an present satisfactory evidence that he is skilled in work
of i3. similar nature to that covered by the contract.. and has
sufj:icient assets to meet all obligations to be iricurred 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
capi.tal available, plant equipment, and his experience and
gene:ral 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
addr'Bsses of not less than five (5) firms or corporations for
which the bidder has done similar work.
IB-O'7
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 s~ill, tools,
machi.nery 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
awardf; 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
propoBals, or to accept a bid other than the lowest submitted
if such action is deemed to be in the best interest of the
Owner.
IB-3
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GEORGIA PROMPT PAY ACT
This contract is intended by the parties to, and does, supersede
any a;!1d all provisions of the Georgia Prompt Pay Act, O. C. G. A.
section 13-11-1, et seg. In the event any provision of this
Contract is inconsistent with any provision of .the Prompt Pay
Act, 'the provision of this contract shall control.
NOTICE
All references in this document, which includes all papers,
writings, drawings, plans or photographs to be used in connection
with t:his document, to "Richmond County Board of Commissioners"
shall be deemed to mean "Augusta-Richmond County Commission-
Council and all references to "Chairman" shall be deemed to mean
"Mayor" .
DISPOSALS
Prior 'to any material from this project being wasted or otherwise
disposed of outside the project limits the Contractor shall
furnish the Engineer a copy of written permission, signed by the
property owner (or his authorized agent) describing the estimated
amount and type of material to be placed on said property. If
any portland cement concrete, asphaltic concrete, wood or other
such materials are to be wasted on the property, a copy of the
owner'::; inert landfill permit, issued by the Environmental
Proteci:ion Division shall be furnished to the Engineer prior to
any su<:::h waste being removed from the proj ect.
In all cases, regardless of the material being wasted, a grading
permit issued by Augusta-Richmond County must be furnished to the
EngineHr.
PPA-l
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MINORITY AND ECONOMICALLY DISADVANTAGED BUSINESS SUPPORT
It is the intent of the Augusta-Richmond County~
Council to increase the involvement of qualified minority and
ec()nomically disadvantaged businesses in the contracted work
of County Government.
In an effort to support this intention, this
pr()ject is offered to all qualified firms. The bids will be
evaluated based on qualifications, price and construction
tine. With all other items being considered equal, the
contract, if awarded will be awarded to a minority and
ec()nomically disadvantaged firm or a firm that has included
suc:h firms as subcontractors on this project.
The bidders shall include with their bid a
statement of qualification for themselves and/or any
qualified subcontractors explaining why they should be
considered a minority or economically disadvantaged firm. If
thE! firm does not fall into this category, no information is
nec:essary.
ME-l
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WALTON WAY RECONSTRUCTION
Project Number: 58-8015-097
SPECIAL CONDITIONS
SCOPE:
This proj ect includes reconstruction and/ or drainage
improvements in the Walton Way area from 15th Street to
Milledge Road in accordance with the specifications and
plans. The Contractor shall supply all materials,
equipment, labor and supervision necessary to properly
complete this project.
TERMINI AND LENGTH:
(See Plans)
Begins near 15th Street and extends in a westerly
direction to Milledge Road (approximately 7600').
LUMP SlJM CONSTRUCTION:
Item Number 230-1000 Lump Sum Construction- includes, but
is not limited to, the following: Locating, maintaining
and reclaiming disposal and/or borrow areas, construction
staking~ removals existing pavement (all kinds),
sidewalk, curbing, gutter, drainage structures,
driveways, etc.) removals and relocations not covered by
a separate pay item, excavation, borrow, sawing asphalt
pavement, removing and resetting work obstructions and
any other work not covered by a specific pay item.
AS-BUIl:'T PLANS:
The contractor shall retain the services of the design
consultant who designed the project to produce three (3)
complete sets of as-built plans. The cost shall be
included in the price bid for other contract items.
TRAFFIC CONTROL:
The contractor shall not perform any work in or adjacent
to the travelway that unnecessarily interferes with
traffic flow between the hours of 7 a.m. and 8:30 a.m.
and 5 p.m. and 6 p.m.
SP-l
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When events such as the. Masters Golf Tournament occur
during the life of the project, the contractor and
inspector shall make proper arrangements to avoid any
activities in, or adjacent to, the roadway that would
interfere with maximum traffic activities during such
events. Such arrangements may include removing all
obstructions, equipment, temporary traffic control
devices, personnel, etc from the travel and sidewalk
areas. Such arrangements may include halting all
activities except any emergency, or otherwise necessary,
traffic control.
In the event that the contractor is deprived of
accomplishing meaningful work on the project during such
periods, consideration will be given to additional
contract time commensurate with the lost time.
SP-2
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THIS AGREEMENT, made on the ~ day of
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SECTION A
AGREEMENT
, 19.:z..Z by and
bet.ween Augusta-Richmond County Commission-Council
paz.ty of the first part, hereinafter called the OWNER, and
Beam's Pavement Maintenance. Inc.
paz'ty of the second part, hereinafter called the CONTRACTOR.
WI'l'NESSETH, that the Contractor and the Owner, for the
cOl:lsiderations hereinafter named, agree as follows:
AR'l~ICLE I - SCOPE OF THE WORK
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The Contractor hereby agrees to furnish all of the
mat:erials and all of the equipment and labor necessary, and to
pez'form all of the work shown on the plans and described in the
spE!cifications for the project entitled:
Walton Way Reconstruction
Project Number:
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and in accordance with the requirements and provisions of the
Contract Documents as def ined in the General and Special
Conditions hereto attached, which are hereby made a part of
this agreement.
AR~~ICLE II - TIME OF COMPLETION - LIQUIDATED DAMAGES
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The work to be performed under this Contract shall be
cOD~enced within -12- calendar days after the date of written
not:ice by the Owner to the Contractor to proceed. All work
shelll be completed within 250 calendar days with such
ext:ensions of time as are provided for in the General
Conditions.
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It is hereby understood and mutually agreed, by and
between the Contractor and the Owner, that the date of
be9inning, rate of progress and the time for completion of the
work to be done hereunder are ESSENTIAL CONDITIONS of this
contract. Contractor agrees that said work shall be prosecuted
re~rularly, diligently, and uninterruptedly at such rate of
prc)gress as will insure full completion thereof within the time
spE~cified. It is expressly understood and agreed by and
be1:ween the Contractor and the Owner, that the time for
conpletion of the work described herein is a reasonable time
for completion of the same, taking into consideration the
aVE~rage climatic range and construction conditions prevailing
in this locality.
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,
II
IF THE CONTRACTOR SHALL NEGLECT, FAIL, OR REFUSE TO
COMPLETE THE WORK WITHIN THE TIME HEREIN SPECIFIED, then the
Cont:ractor 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 contrac~ as he~einafter
set forth, for each and every calendar day that the Contractor
shall be in default after the time stipulated in the Contrac t
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
ascElrtaining the actual damages the Owner would, in such event,
sust.ain, and said amounts shall be retained from time to time
by t.he Owner from current periodical estimates.
It is further agreed that time is of the essence of
each. and every portion of this Contract and the specifications
wherein a definite portion and certain length of time is fixed
for the additional time is allowed for the completion of an
work, the new time limit fixed by extension shall be the
essence of this contract.
ARTICLE ill - PAYMENT
(a) The Contract Sum
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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.
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(b) Proqress Payment
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On no later than the fifth day 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.
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On the vendor run following approval of the invoice
for :payment, the Owner shall after deducting previous payments
made, pay to the Contractor 90% of the amount of the estimate
on u:ni ts accepted in place. The 10% retained percentage may be
held by the Owner until the final completion and acceptance of
all work under the Contract.
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A-2
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II
1.1
II
ARTICLE IV - ACCEPTANCE AND FINAL PAYMENT
(a) Upon receipt of written notice that the work is
ready for final inspection acceptance, the Engineer shall
within 10 days make such inspection, and when he fInds the . work
accE!ptable 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
Con1:ractor, 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
wor}: have been paid, except that in case of disputed
indE!btedness 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
appE!aring within 12 months after final payment, from
requirements ot 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
unsE:ttled.
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(d) If after the work has been substantially
completed, full completion thereof is materially delayed
thrc,ugh no faul t of the Contractor, and the. Engineer, so
cert.ifies, the Owner shall upon certification of' the Engineer,
and without terminating the Contract, make payment of the
bala.nce due for that portion of the work fully completed and
acce,pted.
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Each payment shall be made under the terms and
conditions governing final payment, except that it shall not
constitute a waiver of claims.
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A-3
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ca&\T J\NERI~ INSURANCE COMA\NY
Bond No. 2 90 43 58
OHIO
CAUTION: You should use an original AlA document which has this caution printed in red. An original assures that
changes will not be obscured as may occur when documents are reproduced.
PERFORMANCE BOND
The American Institute of Architects, A.I.A. Document No. A311 (February, 1970 Edition)
KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of Contractor)
Beam' ~ P4VeI,lIent Ma..i.m:ena.nc.e. COPlpany, Ine.
P.O. Box 39/1, Be.m I~l.a.nd, Sout:h. CaJUJli.na. 29841
as Principal, hereinafter called Contractor. and, (Here insert full name and address or legal title of SuretyI
GREAT AMERICAN INSURANCE COMPANY
580 Walnut Street, Cincinnati, Ohio 45202
as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner)
AUBlud:/L-1U.c.hmond Cou.nt;y Commi.u.wn Council.
530 Glte.e.ne. .SVt.e.d, Augru.u, Ge.oJr.g.i.a. 30911
as Obligee, hereinafter called Owner, in the amount of One. ILilLion N.i.ne. HurulJr.e.d Se.ve.nty N.i.ne. Thoru.and folLll.
H~e.d Sixty Eight and 10/100-------------------------------
Dollars ($ 1,919,468.10 I.
for the payment wh'lreof Contractor and Surety bind themselves. their heirs, executors, administrators, successors and assigns, jOintly and severally. firmly
by these presents.
WHEREAS,
Contractor has by WI'itten agreement dated 19 , entered into a contract with Owner for
Walton Way Re.con6~n PltOje.et Numb~: 58-8015-091
in accordance with [lrawings and Specifications prepared by (Here insert full name and address or legal title of Architect)
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
GREAT AMERICAN INSURANCE COMPANY
ty:~2Y) ~~
r 'T<~-""'-Faet
CoudelUtigne.d by ~B. ~
c e.6. G1U.6aJu1.
Ge.oJr.g.i.a. Re.6i.de.d Age.d, AU.a.nhL, GA
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 nnd effect.
The Surety hereby waives notice of any alteretion or extension of time
made by the Owner.
Whenever Contructor shall be, and declared by Ownar to be in default
under the Contract. the Owner having performed Owner's obligations
thereunder, the Surety may promptly remedy the default, or shell
promptly
1) Complete the Contract in accordance with its terms and conditions,
or
21 Obtain a bid or bids for completing the Contract in accordance with
its terms and condi'lions, and upon determination by Surety of the lowest
responsible bidder, or, if the Owner elects, upon determination by the
Owner and the Sunlty jointly of the lowest responsible bidder, arrange for
Signed and sealed this day of
f1M;L () /)iW~
(Witness)
~tt ,t4 cI-~
5B 5715b
Performanc:e Bond. This bond Is Issued simultaneously
with Labor and Material Bond F.9635 - (3/82).
Revised to February. 1970
F.9633F (11/92)
a contract between such bidder and Owner. and make availalile as Work
progresses (even though there should be a default or a succession of
defaults under the contract or contracts of completion arranged under this
paragraph) sufficient funds to pay the cost of completion less.the balance
of the contract price; but not exceeding, including other costs and damages
for which the Surety may be liable hereunder. the amount set forth in the
first paragraph hereof. The term "balance of the contract price," as used in
this paragraph, shall mean the total amount payable by Owner to
Contractor under the Contract and any amendments thereto less the
amount properly paid by Owner to Contractor. '
Any suit under this bond must be instituted before the expiration of
two (2) years from the date on which final payment under the Contract
falls due.
No right of action shall accrue on this bond to or for the use of any
person or corporation other than the Owner named herein or the heirs
executors, administrators or successors of the Owner. '
19
{ Beam' A
P4vemed Ma..i.m:e.nance. Com
(Principal)
Inc.
(Seal)
(Seal)
i
ca&\T l\NERlG\N INSURANCE COMPMIY
Bond No. 2 90 43 58
OHIO
CAUTION: You should use an original AlA document which has this caution printed in red. An original assures that
changes will nolt be obscured as may occur when documents are reproduced.
LABOR AND MATERIAL PAYMENT BOND
The American Institute of Architects, AlA Document No. A31 1 (February, 1970 Edition)
THIS BOND IS ISSUED SIMULTANEOUSLVWITH PERFORMANCE BOND IN FAVOR OFTHE
OWNER CONDITIONED ON THE FULL AND FAITHFULL PERFORMANCE OF THE CONTRACT
K/iOW ~L I14EN BY THESE PFU:SI,;; NTS: that (I:l.ere insert full qame and address or legal title of Contractorl
tseam ~ "a.\1emf~ Ma.uu::enanc.e. (;Ompa.ny, Hte.
as~"gc1pa~~lh,i~~ ca~&firfAci!~~e~fl..~~Mflla-fif1fac321~ legal title of Suretyl
GREAT AMERICAN INSURANCE COMPANY
580 Walnut Building, Cincinnati, Ohio 45202
as Surety, hereinafter allied Surety, are held and firmly bound unto (Here insert full name and address or legal title of Ownerl
AugU6u-1Uchnrorrd COun;tq Corrrmi.h~.ion Cowa.cil.
530 G1Le.ene. SiuU, AugU6U, Ge.oJr.gi.a 30911 '
as Obligee, hereinafter c-alled Owner, for the use and benefit of claimants as hereinbelow defined, in the amount of One. JLill.ion NiAe.
HwulJt.ed Se.\1Urt;q Nine. ThoU6and FoUII.. HwulJt.ed Se.dq Eight; and 10/100------
(here Insert a sum equal to at least one-half of the contract price) Dollars ($ 1,979,468.10 I,
for the payment whereof Principal and Surety bind themselves, their heirs, axecutors, administrators, successors and assigns, jOintly and severally,
firmly by these presents.
WHEREAS.
Principal has by written agreement dated 19, entered into a contract with Owner for
WaUon Waq R'~c.on.6Vw.c.ti.on P1UJje.d NwnbeIL: 58-8015-097
in accordance with Drllwings and Specifications prepared by (Here insert full name and address or legal title of Architectl
which contract is by rt!ference made a part hereof, and is hereinafter referred to as the Contract.
NOW, THEREFOR:, THE CONDITION OF THIS OBLIGATION is
such that. if Principal shall promptly make payment to all claimants as
hereinafter defined, for all labor and material used or reasonably required
for use in the performaoce of the Contract, then this obligation shall be
void; otherwise it shall remain in full force and effect, subject. however, to
. the following condition!l:
1. A claimant is defined as one having a direct contract with the
Principal or with a Suhcontractor 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, heElt, 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 (901 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 suc h claimant, prosecute the suit to final judgment for
such sum or sums as may be justly due claimant, and have execution
thereon. The Owner shall not be liable for the payment of any costs or
expenses of any such suit.
3. No suit or action shall be commenced hereunder by any claimant:
a) Unless claimant, other than one having a direct contract with the
Principal, shall have given written notice to any two of the following: the
Principal, the Owner. or the Surety above named. within ninety (901 days
after such claimant did or performed the last of the work or labor. or
Signed and sealed this
~ riA- /)~-,.-
(Witness)
-tIa IW~ uf ~
SB
Labor and Material Payment Bond. This bond 15 Issued _
simultaneously with Per.,..rmance Bond F.9633E - (3/821. Coun;teJt6.c.gned
Revised to February, l!HO
F.9635A (11 /921
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 (11 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 es to be equal to the minimum period of limitation permitted
by such law.
cl Other than in a state court of competent jurisdiction in and for the
county or other political subdivision of the state in which the Court for the
district in which the Project, or any part thereof. is situated. and not
elsewhere.
4. The amount of this bond shall be reduced by and to the extent of
any payment or payments made in good faith hereunder, inclusive of the
payment by Surety of mechanics' liens which may be filed of record
against said improvement, whether or not claim for the amount of such
lien be presented under and against this bond.
day of
19
1 ne.
(Seal)
(Title)
(Seal)1
M:1.an:ta,GA
0;.
(it&\T J\NERlG\N INSURANCE COMMNYe
58,0 WALNUT STREET. CINCINNATI. OHIO 45202.513-369-5000. FAX 513-723-2740
The number of persons authorized by
this power of attorney is not more than
No. 015943
THREE
POWER OF ATTORNEY
KNOW AL;L MEN BY THESE PRESENTS: That the GREAT AMERICAN INSURANCE COMPANY, a corporation organized
and existing under and by virtue ofthe laws ofthe State of Ohio, does hereby nominate, constitute and appoint the person or persons named below
its true and lawful attDrney-in-fact, for it and in its name, place and stead to execute in behalf ofthe said Company, as surety, any and all bonds,
undertakings and contracts of suretyship, or other written obligations in the nature thereof; provided that the liability ofthe said Company on any
such bond, undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below.
Name Address Limit of Power
BARBARA H. REGISTER
ALVIN T. MILLER
THOMAS J~. ALBUS
This Power of Attorney revokes all previous powers issued in behalf of the attorney(s)-in-fact named above.
IN WITNESS WHEREOF the GREAT AMERICAN INSURANCE COMP ANY has caused these presents to be signed and attested by
its appropriate officers and its corporate seal hereunto affixed thi.s 5th day of FebnJary , 1998
Attest GREAT AMERICAN INSURANCE COMPANY
ALL OF
COLUMBIA, SOUl'H CAROLINA
ALL
UNLIMITED
STATE OF OHIO, COUNTY OF HAMILTON - ss:
On this 5th day of FebnJary, 1998 , before me personally appeared DOUGLAS R. BOWEN, to me
known, being duly l;worn, deposes and says .that he resided in Cincinnati, Ohio, that he is the Vice President of the Bond Division of Great
American Insurance Company, the Company described in and which executed the above instrument; that he knows the seal; that it was so affixed
by authority of his (,ffice under the By-Laws of said Company, and that he signed his name thereto by like authority.
This Powe:r of Attorney is granted by authority of the following resolutions adopted by the Board of Directors of Great American
Insurance Company by unanimous written consent dated March I, 1993.
RESOL VED: That the Division President, the several Division Vice Presidents and Assistant Vice Presidents, or anyone of them, be
and hereby is authorized, from time to time, to appoint one or more Attorneys-In-Fact to execute on behalf of the Company, as surety, any and all
bonds, undertaking.: and contracts of suretyship, or other written obligations in the nature thereof; to prescribe their respective duties and the
respective limits of their authority; and to revoke any such appointment at any time.
RESOL VBD FUR THER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant
Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,
undertaking, contra,:;t or suretyship, or other written obligation in the nature thereof, such signature and seal when so used being hereby adopted by
the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the
same force and effec:t as though manually affixed.
CERTIFICATION
I, RONALD C. HAYES, Assistant Secretary of Great American Insurance Company, do hereby certify that the foregoing Power of
Attorney and the Resolutions of the Board of Directors of March I, 1993 have not been revoked and are now in full force and effect.
Signed a~d sealed this
day of
SI0295 (11/97)
.
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b~~ V....AND CONFERSliliN8L1 RIGHfs MUP'ON" THE "CERT'iFICA TE
DAV I S-GARV I N P.GENCV, I NC. HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
P O. BOX 2162:7 ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW.
COLUMB I A, SC 2:9221 COMPANIES AFFORDING COVERAGE
COMPANY
A CAPITAL CITV INSURANCE CO.
COr.f>ANV
B THE HARTFORD INSURANCE GROUP
COMPANV
C
803-732-0060
INSURII!:D
Beam's Pavement Maintenance
Co , I nc
P O. Box 398
Beech Island, SC 29841
I
COMPANV
o
THISIS TOCERTlFY THA T THE POLICIES OFINSURANCELISTEDBELOWHAVE BEEN ISSUED TOTHEINSURED NAMEDABOVEFORTHE POllCV PERIOD
INDICA TED.NOTwrrHST ANDINGANVREOUIREMENT, TERMORCONDITIONOF ANVCONTRACT OROTHERDOCUMENT WITHRESPECT TOWHICHTHIS
CERT IFICA T E MA V BE ISSUED OR MA V PERT AIN, T HE INSURANCE AFFORDED BV T HE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNMAY HAVE BEEN REDUCED BV PAID CLAIMS.
CO TYPEOF INSUR'NCE POLICVNUMBER POLICY I!FFECTIVE POLICY EXPIRATION
L TA DATI! (MM'DD'YY) DATE (MMIDD'YY)
LIMITS
GENERAL LIABILITY OENERAL AGGREGAIE S 2000000
-
B X COMMERCIALOE~ERALLlABILlTV 22UUNBD7364 4/01/98 4/01/99 PROOUCIS.COMP/QP AGO S 1000000
~:=J IX]
:;::: CLAIMS MACE X OCCUR PERSONAL 8. ADV I~V S 1000000
=.
OWtER'S8. CONTnACIOR'S PROI EACH OCCURRENCE S 1000000
-
- FIRE DAMAGE (Any one lire) S 300000
MED EXP (Any one person) S 10000
AUTOMOBILI! LIABILITY COMBINED SINGLE L1MII S
-
B .x ANV AUIO 22UENBD7441 4/01/98 4/01/99 1000000
ALL OWNED AUIJS BOOIL V I N.l)RV S
- (Per person)
SCHEDU.ED AUlClS
-
.x HIRED AUIOS BODIL V INJURV S
Jt NON.OWNED AUIOS (Per accidenl)
I-- PROPER IV DAMAGE S
GARAGE LIABILITY AUTO ONL V EA ACCIDENI S
I-- .. .......... ......,
ANV AUTO OTHER THAN AUTO ONL V; ~ ~::: : i; ~ 1 ~ ~ ~ ~~ 1 ~ ~ ~ ~ H ~ H ~ H ~ 1 ~ ~ ~ ~ H ~
I--
EACH ACCIDENT S
~
AGGREGATE S
I!XCESS LIABILITY EACH OCCuRRENCE S 5000000
B ~ UMBRELLA FORM 22XHUBE0853 4/01/98 4/01/99 AGGREGATE s 5000000
OTHER THAN UMBRELLA FORM S
X I STATUTORV L1MIIS ..... ..............
WORKERS COMPENS,ITION AND ~ ~ ~; ~ ~ ~; ~; ~ ~; i ~ ~ 1; ~ 1 ~ ~; Hn; ~ ~ ~; ~~j ~;
EMPLOYERS' LIABILITY
A WC05035 4/01/98 4/01/99 EACH ACCIDENT S 500000
IHE PROPRIETORI RINCL DISEASE POL ICV LI Mil S 500000
PART NERS/EXECUTlVE
OFFICERS ARE: EXCl DISEASE. EACH EMPLOVEE S 500000
OTHI!R
B Leased/Rented 22MSBE1528 4/01/98 4/01/99 $200,000 L i m it
Equipment $500 De d uc t i b I e
DESCRIPTION OF OPERAT ONSILOCATlONS VEHICLESISPECIAL ITEMS
Re: Walton WhY Reconstruction - Project Number 58-8015-097
1&~~}[t~tS~~~~tlPJffi:S~$T;;::::;:;:;:r2A~~tgIJj::r:;:;giMH/tr;;';;:;T.:::::;i;ii::&~Q:@:fhMi~EUi]'J9i~b?;EAmtrili~fuZk{mdi1:}dlEiWlk:5::::;:;:MiiSIEiM]@]
SHOULD ANY 0' THE ABOVE DESCRIBED POLICIES BI! CANCELLED BI!FORE THI!
EXPIRATION DATE THEREOF. THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Au 9 us t a -R i c hmo n d Co un t y ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Comm is s ion 1:0 unc i I BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
530 Greene St reet OF ANY KIND UPON THI! COMPANY. ITS.....AGENTS OR REPRESENTATIVES.
~~~
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IN WITNESS WHEREOF, the parties hereto have executed
this l..greement in three (3) counterparts, each of which shall
be deBmed an original, in the year and day first mentioned
above.
4i'~'~~,"t).~'t\
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SEAL
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W1tness
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AUGUSTA-RICHMOND COUNTY
COMMISSION-COUNCIL
(Owner)
By:
Richmond County Commission-Council
CONTRA)i'OR :Beam' s Pavement Maintenance Co.,
By: /c}~.
Title: Greg Beam, President
Inc.
Address: POBox 398, 2335 Atomic Rd.
Beech Island, SC 29842
A-4
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~ ; GENERAL CONDITIONS
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TABLE OF CONTENTS OF GENERAL CONDITIONS
Article
Number Title
DEFINITIONS ........................... ... . . . . . . .. . . . . . . . . . . . . . . . . .
:! PRELIMINARY MAlTERS ........................................
3 CONTRACT DOCUMENTS:
INTENT. AMENDING AND REUSE.. ......... .......... ..........
4 A V AILABILITY OF LANDS: PHYSICAL CONDITIONS:
REFERENCE POINTS. . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .
5 BONDS AND INSURANCE ........................................
6 CONTRACTOR.S RESPONSIBILITIES............................
7 OTHER WORK .....................................................
8 OWNER.S RESPONSIBILITIES....................................
9 ENGINEER 's STATUS DURING CONSTRUCTION ..............
10 CHANGES IN THE WORK.........................................
II . CHANGE OF CONTRACT PRICE..................................
I:! CHANGE OF CONTRACT TIME....................... ...... .. ....
13 WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK ..... .............. ........
I~ PA YMENTS TO CONTRACTOR AND COMPLETION ............
15 SUSPENSION OF WORK AND TERMINATION ....... ..........
16 ARBITRATION............. ........................... . . .......... .
17 MISCELLAN.EOUS ......... ...... '" ....... .............. ..........
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3
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Page
7
8
9
10
II
14
18
19
19
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:!4
:!4
:!6
29
31
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. Cash Allowances .....,............................... 11.8
. Change Order-<iefinition of .................. ...... ..... I
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
III Completion.................. . . . . . . . . . . . . . . . . . .. .. . . . . .. 14
Compietion. Substantial......................... 14.8-14.9
Conference. Preconstrul:tion .......................... 1.8
Conftict. Error. Discrep:lncy-Contractor
to Repon ...................................... :!.S. 3.3
Construction Machinery. Equipment. etc. ............. 6.4
- Continuing Work ..................................... 6.19
. Contract DocumenEs.-amending and
supplementing ................................... 3.4-3.5
Contract Documents-d,:iinition of .................... ~. I
- Contract Documents-lment ...................... 3.1-3.3
Contract Documents-Reuse of ............ ........... 3.6
Contract Price. Change (If .............................. II
Contract Price-definition ............................... 1
-
Contract Time. Change elf.............................. 11
Contract Time. Commencement of ....................1.3
Contract Time-definition of ............................ I
_ Contractor-derinition 0" ................................ 1
Contractor May Slap Welrk or Terminate............. 15.5
Contractor's Continuing Obligalion .................. 14.15
Contr:lctor's Dut~. lO Repon Discrepancy
- in Documents .................................. 1.5.3.1
Contr:lctor's Fc:e-Cost Plus ... 11.4.5.6. 11.5.1. 11.6-11.:-
Contr:lctor's Liability In~;urance ....................... 5.3
Contractor's Responsibil ities-in general ................ 6
INDEX TO GENERAL CONDITIONS
A.nicl~ or PtUa,raph
Numb~r
Acceptance of Insurance .... ..................:....... 5.13
Access to the Work ................................... 13.2
Addenda-detinition of (see detinition of
Spcc:ifications) ... ... .. . ....... .. .. ................. .... 1
Agreement-definition of ................................ 1
All Risk Insur:lftce .... .......... .. . ....... ........... .. 5.6
Amendment. Written ............................. 1.3.1.1
Application for Paymel1t-definition of .................. 1
Application for Paymel1t. Final ...................... 14.12
Application for Progr=;s Payment .................... 14.2
Application for Progr~:s Payment-review of .... 14.4-14.7
Arbitration ............................................. 16
Authorized Variation ill Work ......................... 9.5
A vailability of Lands .................................. 4.1
Awarc1. Notice of-<iefined .............................. ]
Before Stamng COnstnlction ...................... 2.5-2.7
Bid--deiinition of ....................................... I
Bonds and Insurance-in general ........................ 5
Bonds-detinition of . . , . . . . . . . . . . . . . . . . . . . .. .. .. . . . . . .. .. I
.Bonds. Delivery of ............................. _ 2. ]. 5.1
BODds. Performance and Other .................... 5.1-5.2
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Contractor.s Warianty of Title ................ ~'....... 14.3
Contractors--other .............................. ........ 7
Contractual Liability Insurance. . . ...... ............... 5.4
Coordinating Contractor-detinition of ................ 7.4
Coordination.. ........ ...................... .......... 7.4
Copies of Documents .................................. 2.~
Com:ction or Removal ofDcfective 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 ....................................... I
D~f~crive-definition of ................................. 1
Defecrive Work. Acceptance of ...................... 13.13
Def~crive Work. Correction or Removal of .......... 13.11'
Defecrive Work-in general ............... 13. 14.7. 14.11
D~fective Work. Rejecting............................. 9.6
Definitions ..... .. . . . . . . . . . . .. . . . . . . . . . . . . .. . . . . . . . . . . . .. I
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
Drawing~eftnition of ................................. 1
Easements ............................................ 4.1
Effective date of Agreement-<ieftnition of ............. .. I
Emergencies ......................................... 6.:!:!
Engineer~eftnition of .................................. 1
Engineer's Decisions............................ 9.10-9.12
Engineer's-Notice Work is Acceptable............. 14.13
Engineer's Recommendation of Payment ...... 14.4. 14.13
Engineer's Responsibilities. Limitations
on ................. 6.6,9.11,9.13-9.16,18.2
Engineer's Status During Constnlction-in general ...... 9
Equipment. Labor. Materials and........... .. . . . .. 6.3"-6.6
Equivalent Materials and Equipment ............. _. . .. 6.7
Explorations of physical conditions ...............:... 4.2
Fee. ContractOr"s-Costs Plus........... ..........:.. 11.6
Field Order~efinition of ............................... I
Field Order-issued by Engineer ................ 3..5.1.9.5
Final Application for Payment....................... 14.12
Final Inspection ..................................... 14.11
Final Payment and Acceptance ...................... 14.13
Final Payment. Recommendation of ...........14.13-14.14
General Provisions .............................. 17.3-17.4
General Requirements-definition of. . . .. . . . . . . . . . . . . ... .. 1
General Requiremenls-principal
references to ................. 2.6. 4.4. 6.4. 6.6-6.7. 6.13
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I Giving Notice ........................................ 17.1
Guarantee of Work-by Contractor................... 13.1
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I Labor. Materials and Equipment ...... . . . .. .. . . ... 6.3-6.5
Laws and Regulations-definition of ..................... I
Laws and Regulations-general... ................ ....6.14
Liability Insurance-Contractor's ..................... 5.3
I Liability Insurance-Owner's .........................5.5
Liens-definitions of ................................ 14.2
Limitations on Engineer's
I Responsibilities.... . .. . .. . ....... .... 6.6.9.11. 9.13-9.16
Materials and equipmenl.-fumished by Contractor .... 6.3
Materials and equipmenl-not
. incorporated in Work .............................. 14.2
. Materials or equipment--equivalent ................ . .. 6.7
Miscellaneous Provision:s ............................... 17
Multi-prime contracts ......... . . .. . . . . . . . .. . .. .. . . .. . . .. 7
I Notice. Giving of ..................................... 17.1
Notice of Acceptability elf Project ................... 14.13
. Notice of Award-defini1:ion of ............. ............. 1
Notice to Proceed-defi[tition of ......................... 1
Notice to Proceed-givili.g of .......................... 1.3
Indemnification ....... .. .. . . .. .. .. . .. . . .. ... 6.30.6.32. 7.5
Inspection. final ..... .::...... ......... .............. 14.11
Inspection. Tes'ts and ..,........:...................... 13.3
Insurance. Bonds and--in general ....................... 5
Insurance. Certificates t)f ..... ~ .. . .. . .. .. .. .. .. .. . .. 2.7. 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 IUghts ......................... 5.11
Intent of Contract Documents............. ...... 3.3.9.14
Interpretations and Clarifications ...................... 9.4
Investigations of physic:u conditions ................... 4.2
"Or-Equal.. Items ..................................... 6. i
Other contractors ......... . . . . . . . . . . . . . . .. . . . . .. . . . . . . .. i
-~ Other work ...... ........................................ i
Overtime Work-prohibition of ........................ 6.3
Owner-detinition of .................................... I
Owner May Correct Defe'ctive Worle ................. 13.14
- Owner May Stop Work............................,'. 13.10
Owner May Suspend Work. Terminate .......... 15.1-15";
Owner's Duty 10 Execute Change Orders............. 11.8
Owners Liabilitv Insurance........................... S.S
- Owner's Repres~ntative--Engineer to serve as ........ 9.1
Owner's Responsibilities--in general .................... 8
Owners Separate Representative at site............... 9.3
-
Partial Utilization .................................. 14.10
Partial Uti[ization-ierlnition of ......................... [
Partial Utilization-Propc:rty Insurance............... 5.15
-- Patent Fees and Royaltie:i ............................ 6. [1
Payments. Recommendation of ........... 14.4-14.;-. 14.13
Payments to C\lntractor--in general .................... 14
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Payments to Contractor-when due ........... 14.4. 14.13
Payments to Contractor-withholding ................ 14.7
Perfonnance and other Bonds ..................... 5.1-5.2
Permits... .. . . . ... . . .. .. ........ . ... .......... ........ 6.13
Physical Conditions ............................. ..';... 4.2
Physical Condi.tions-Engineer's' review ............. 4.2.4
. Physical Conditions-<xisting structures_... ... . ... . . .. 4.2.2
Physical Conditions-explorations and reportS. .. .. .. 4.2.1
Physical Conditions-possible document change ..... 4.2.5
Physical Conditions-price and time adjustments ....' 4.2.5
Physical Conditions-report of differing ............. 4.2.3
Physical Conditions-Underground facilities .......... 4.3
Preconstntction Conference ........................... 2.8
Preliminary Matters .... ............. ........... .... ..... 2
Premises. Use of ................................6.16-6.18
Price. Change of Contract .............................. 11
Price-Conuact-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~efinition of .................................... I
Project Representation-provision for ................. 9.3
Project Representative. Resident-detinition of .......... I
Project. Starting the ................................... 2.4.
Property Insurance ............................... 5.6-5.13
Property Insurance-Partial Utilization ............... 5.15
Property Insurance-Receipt and Application
of Proceeds ................................... 5.12.5.13
Protection. Safety and......... .............. .... 6.20-6.21
Punch list ........................................... 14.11
Recommendation of Payment..... .. ........... 14.4. 14.13
Record Documents........ ...................... ..... 6.19
Reference Points ...................................... 4.4
Regulations. Laws and ............................... 6.14
Rejecting Defective Work ............................. 9.6
Related Work at Site .............. ................ 7.1-7.3
Remedies Not Exclusive ............................. 17.4
Removal or Correction of Defective Worle ........... 13.11
Resident Project Representative~efinition of ........... I
Resident Project Representative-provision for........ 9.3
Responsibilities. Conuactor'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 Protection ....... 6. 20-6 . 21, 18 . 1-18 . 2
Samples ......................................... 6.23-6.28
Schedule of progress ........ 1.6.2.8-2.9.6.6.6.19. 15.2.6
Schedule of Shop Drawing
submissions...................... 2.6.2.8-2.9.6.23. 14.1
Schedule of values ...................... 1.6.2.8-2.9. 14.1
Schedules. Finalizing .................................. 2.9
Shop Drawings and Samples ..................... 6.23-6.28
Shop Drawings-definition of .... .. . . .. . .. .. . .. .. . .. .. ... I
Shop Drawings. use to approve
substitutions ...................................... 6.7.3
5
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Site. Visits to-by Engincc:r ........................... 9.2
_pecificatiOns-definitiOn of ............................. 1
taning ConstrUction. Befilre ....................... 2.5-2.8
laning"the Project;:.... ,........:..................... 2.4
itoPPing Woric-by Contrilctor .....................;. 15.5
topping Woric-by Owne:r ......~... .... ............ 13.10
ubconuactor-definition of ............................. I
Subcontractors-in genel1ll ............ ........... 6.8-6.11
IUbcontraCtS-requircd provisions ........ . . . . 5.11.1. 6.11
11.4.3
ubstantial Completion-cenification of .............. 14.8
Substantial Completion-ci,efinition of .. . . . . . . . . . . . . . . . . .. 1
IUbStiwte or "Or-Equal" Items ....................... 6.7
ubsurface Conditions...,......................... 4.2-4.3
upplemental costs ................................. 11.4.5
iUPP,ementary Conditions-definition of ................ I
upplementary 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
IUPPlementing Conuact Documents ............... 3.4-3.5
upplier-definition of . .. . . . .. .. .. . . . . .. .. . . .. . .. . . .. .... 1
upplier-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
lurcty-consent to payment. .. . . .. .. .. ....... 14.12. 14.14
urcty-Engineer has no duty to ..................... 9.13
urcty-notice to .......................... 10.1.10.5.15.2
Surety--qualification of ................. .......... 5.1-5.2
_uspending Work. by Owner ......................... 15.1
uspension of Work and l'ermination-in genenl ....... 15
uperintendent-Conuaclor.s ......................... 6.2
ISupervision and Superintendence .................. 6.1-6.2
axes-Payment by Conuactor . . .. . .. .. . . .. .. . . . . .... 6.15
Termination-bv Contractor .... ... ..... .............. 15.5
lIermination-bY Owner......................... 15.2-15.4
ermination. Suspension of Woric and-in genenl ...... 15
eSlS and Inspections ........................... 13.3-13.7
Time. Change ofContracl ..............................12
.
--
-
-
-
-
-
--
Time. Computation of ................................ 17.2
Time. Contract-definition of.......... ............... ... 1
Uncovering Wor~' ............................... 13.8-13.9
Underground Facilaties-definilion of .................... 1
Underground Facilities-not shown or indicated..... 4.3.2
Underground Facilities-protection of ........... 4.3. 6.20
Underground Facilities-shown or indicated......... 4.3.1
Unit Price Work-definition of ...:...................... 1
Unit Price Work-genenl ................. 11.9. 14. I. 14.5
Unit Prices ......................................... 11.3. I
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 Woric-Authorized ............ 6.25.6.27.9.5
Visits to Site--by Engineer ............................ 9.2
Waiver of Claims-on Final Payment................ 14.16.
Waiver of Rights by insured panies ............. 5.10. 6.11
WarTanty and Guarantee-by Contractor ....:........ 13.1
Warranty of Title. Contractor.s ....................... 14.3
Work. Access to ..................................... 13.2
Work-byothers ........... ..... ..... ................... 7
Work Continuing During Disputes .................... 6.29
Work. Cost of ................................... 11.4-11.5
Worlc-definition of ..................................... 1
Work Directive Change-definition of ................... I
Work Directive Change-principal . "
references to ............................3.4.3.10.1-10.2
Work. Neglected by Contl1lctor ..................... 13.14
Work. Stopping by Contractor. . . . . . . .. . . . . . . . . . . . . . .. 15.5
Work. Stopping by Owner....... .... ... ......... 15.1-15.4
Written Amendment-definition of ...................... I
Written Amendment-principal
references to ..................... 3.4.1. 10.1. 11.2. 12.1
6
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GENERAL CONDITIONS
tRTICLE I-DEFIN.ITIONS .
Wherever used in these General Conditions or in the other
lontract Documents the following terms have the meanings
ndicated which are applicable to both the singular and plural
hereof:
.ddenda-Written or graphic instruments issued prior to the
.pening of Bids which clarify. correct or change the bidding
(Jocuments or the Contract Documents.
IrlRreemelll-The written agreement between OWNER and
CONTRACTOR covering the Work to be performed: other
Contract Documents are a':tached to the Agreement and made
la part thereof as provided therein.
ApplktllitJl! ft}r Pa~'me",-The form accepted by ENGI-
NEER which is to be used by CONTRACTOR in requesting
Iprogress or final payment. and which is to include such sup-
porting documentation as is required by the Contract
Documents,
ISid-The offer or propo!al of the bidder submitted on the
prescribed form setting forth the prices for the Work to be
performed.
I SOlids-Bid. performance and payment bonds and other
instruments of security.
I Change Order-A docum,:nt recommended by ENGINEER.
which is signed by CONTRACTOR and OWNER and autho-
rizes an addition. deleticn 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, ,
Ccmtra('( Documellts- The Agreement. Addenda (which per-
tain to the Contract D~,cumen[sl. CONTRACTOR's Bid
(including documentation accompanying the Bid and any post-
__ Bid documentation submmed 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 llll or after the Effective Date of the
Agreement.
-
C vlllrClct Price-The moneys payable by OWN ER to CON-
TRACTOR under the C~,ntract Documents as stated in the
_ Agreement (subject to th= provisions of paragraph 11.9,\ in
the case of Unit Price Work).
Ccmtrm'l Till/L'- The number of days (computed :IS provided
_ in paragraph 17,~) or the date st:lted in the Agreement for the
compl~tion of the Work.
CONTRACTOR-The person. firm or corponltion with whum
- OWNER h:ls enten:d inti) the Agreement.
-
defectil'e-An adjective which when modifying the word Work
refers to Work that is unsatisfactory. faulty or deficient. or
does not conform to the Contract Documents. or does not
meet the requirements of any inspection, reference standard.
test or approval r:eferred to in the 'Contract Documents, or
has been'damaged"prior to ENGINEER's recommendatjo_!.l
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).
Drtlll'illgs- The drawings which show the character and scope
of the Work to be performed and which have been prepared
or approved by ENGINEER and are referred to in the Con-
tract Documents.
Effer:til'e D(I(e af tire ARreemellt- The date indicated in the
Agreement on which it becomes effective. but ifno such date
is indicated it means the date on which the Agreement is
signed and delivered by the last of the two parties to sign and
deliver.
ENGINEER-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.
Gelleral Requirements-Sections of Division \ of the Speci-
fications.
Laws and Regulations: Lall's or Regulations-Laws. rules.
regulations. ordinances. codes and/or orders.
Nvtia of .-\II'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 d.:ii\"er the Agreement.
NOlir:e 10 Pror:eed-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.
OWN ER- The public body or authority. corporation. asso-
ciation.linn or person with whom CONTRACTOR has entered
into the Agreement and for whom the Work is to be provided.
Partiall.ilili:,cltiull-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.
Prajecl- The total construction of which the Work to be
provided under the Contract Documents may be the whole.
or a par.t as indicated elsewhere in the Contract Documents.
R.'sidelll Pn!h'cl Rcpre.H'1l1llIil'e- The authorized represen-
tative of E~GINEER who is assigned to the site or any part
thereof.
7
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_110' D...wi..s-AII c1n,,.;.,s, diu......s, Hlustrati..s,
Ehcdules and other data. which are specifically prepared by
r for CONTRACTOR to mustrate some portion of the Work
d all illustrations. brochures. sWldard schedules. pelf or-
mance chans. instruc:tions.-diagrams and other information
lreparcd by a Supplier and submitted by CONTRACTOR to
USUllte material or equipJ:l1ent for some portion of the Work.
iPeCifiCatiOnS- Those portions of the Contract Documents
onsisting of written technical descriptions of materials.
quipment. construction systems. standards and workman-
ship as applied to the Work and certain administrative details
[Plicable thereto.
ubcontractor-An individual. firm or corporation having a
direct contract with CONTRACTOR or with any other Sub-
~ntractor for the pelformance of a pan of the Work at the
_Ite.
SubstanliaJ Completion-TIle Work Coraspecified panthcreot)
au progressed to the point where. in the opinion of ENOI-
"EER as evidenced by ENGINEER's definitive certificate
of Substantial Completiorl. it is sufficiently complete. in
ICOrdance with the ConU:ilCt Documents. so that the Work
r specified pan) can be utilized for the purposes for which
is intended; or if there be: no such certificate issued. when
final payment is due in accordance with paragraph 14.13. The
1rD1S "substantially com:plete" and "substantially com-
leted" as applied to any Work refer to Substantial Comple-
on thereof.
.upplementary Conditions.-The part of the Contract Docu-
.ents which amends or sc:pplements these General Condi-
tions.
.UPPlier-A manufacturer. fabricator. supplier. distributor.
aterialman or vendor.
~ndergrO"nd Facilities-AIl pipelines. conduits. ducts. cables.
'res. manholes. vaults. tanks. tunnels or other such facilities
r attachments. and any encasements containing such facil-
ities which have been installed underground to furnish any of
ij;e following services or muterials: electricity. gases. steam.
__ ~ _ . ~ petroleum products. telephone or other communica-
tions. cable television. seW:ilge and drainage removal. traffic
- -- umer ;:;uiiu-U: systems or water.
_m;. Price Work-Work to be paid for on the basis of unit
prices.
T!':: entire cOEni'!eted construction or the various sep-
-.rately identifiable pans thereof required to be furnished
under the Contract Documents. Work is the result of per-
.' _ ;oi;lvi,,~5. furnishing labor and furnishing and incor-
- -'..::. materials and eql1ipment into the construction. all
-:s required by the Contract Documents.
_'. Diriii'iiv.. Change-A written directive to CONTRAC-
_ .:....... issued on or after the Effective Date of the Agreement
and signed by OWNER ane, recommended by ENGINEER.
-
ordering an addition. deletion or revision in the Work. or
responding to differing or unforeseen physical conditions.UDder
which the Work is to be pelformed 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 thi:: parties as to its effect. if
any, on the Contract Price or Contract Time as provided in
paragraph 10.2. .
Wrillen Amendment-A written amendment of the Contract
Documents. signed by OWNER and CONTRACTOR on or
after the Effective Date of the Agreement and nonnally deal-
ing with the nonengineering or nontechnical rather than suictly
Work-related aspects of the Contract Documents.
ARTICLE 2-PRELIMINARY MATTERS
IkIiWfry of Bo1UU:
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.
Cop;', of Documems:
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.
CommencelMnl ofContTtlCt Time: Notit:e 10 Proceed:
2.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Agreement. or. if
a Notice to Proceed is given. on the day indicated in the
Notice to Proceed. A Notice to Proceed may be given at any
time within thirty days after the Effective Date of the Agree.
ment. In no event will the Contract Time commence to run
later than the seventy-fifth day after the day of Bid opening
or the thirtieth day after the Effective Date of the Agreement.
whichever date is earlier.
StJUting 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 SltUting 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
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thereon and all appli,:able field measurements. CONTRAC-
TOR shall promptly repon in writing to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall olitain a written interpretation or clarifi-
cation from ENGINEER before proceeding with any Work
affected thereby: hoY/ever. CONTJ{ACTOR shall not be lia-
ble to OWNER or ENGINEER for failure to repon any
conflict. error or discrepancy in the Contract Documents.
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
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2.6. Within ten days after the Effective Date of the Agree-
ment (unless otherwise specified in the General Require-
mentsl. CONTRACTOR shall submit to ENGINEER for
review:
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2.6.1. an estimated progress schedule indicating the
staning and compl.:tion dates of the various stages of the
Work:
I
2.6.2. a preliml.Dary schedule of Shop Drawing sub-
missions: and
I
2.6.3. a preliminary schedule of values for all of the
Work which will i:llclude quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component pans in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include a.n appropriate amount of overhead and
profit applicable to each item of Work which will be con-
finned in writing by CONTRACTOR at the time of sub-
mission.
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2.7. Before any W'Jrk at the site is staned. CONTRAC-
TOR shall deliver to OWNER. with a copy to ENGINEER.
cenificates land other evidence of insurance requested by
OWNERI which CON~~RACTOR 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 insu:rance requested by CONTRACTORI
which OWNER is required to purchase and maintain in
accordance with paragraphs 5.6 and 5.7.
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Preconstruction Conference:
~.8. Within twenty days after the Effective Date of the
Agreement. but before CONTRACTOR stans the Work at
the site. a conference mtended by CONTRACTOR. ENGI-
NEER and l.lthers as appropriate will be held to discuss Ihe
schedules referred to in paragraph).6. 10 discuss procedures
for handling Shop Dr:Jwings and other submittals and for
processing Applications for Payment. and to establish a working
understanding among the panies as to the Work.
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1 Finali:.ing Schedules:
~.9. AI 1e:ISI ten d.l~ s before submission orthe firsl Appli-
cation for Parment a \:onference attended by CONTR.-\C-
I TOR. ENGIN EER and others as appropriate will be held 10
finalize Ihe ~.:hedules submitted in accordance wilh p:lr:l-
1
graph 2.6. The finalized progress schedule will be acceptable
to ENGINEER as providing an orderly progression of the
Work to completion within the Contract Time, but such
acceptance will neither impose.on ENGINEER responsibility
for the progress or scheduling of the Work nor relieve CON-
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawing submissions will be acceptable to
ENGINEER as providing a workable arrangement- for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGINEER as to form and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING, REUSE
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 bv one is as binding as if called for by all. The
Contract D~cuments will be construed in accordance with
the law of the place of the Project. -
3.2. It is the intent of the Contract Documents to describe
a functionally complete Project (or pan thereon to be con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supplied whether or not specifically
called for. When words which have a well-known technical
or trade meaning are used to describe Work. materials or
equipment such words shall 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 governmenlal authority.
whether such reference be specific or by implication. shall
mean the latest standard specification. manual. code or Laws
or Ree:ulations in etTect at the time of opening: of Bids lor. on
Ihe Effective Date of the Agreement if there were no Bidsl.
except as may be otherwise specifically stated. However. no
provision of any referenced standard specification. manual
or code (whether or not specifically incorporated by reference
in the Contract Documentsl shall be effective to change the
duties and responsibilities of OWNER. CONTRACTOR or
ENGINEER. or any of their consuitants. agents or employ-
ees from those set fonh in the Contract Documents. nor shall
it be effective to assign to ENGINEER. or any of E~GI-
NEER's consultants. agents or employees. any duty or
authoritv to supervise or direct the furnishing or performance
of the Work or any duty or authority to undertake responsi.
bility conlrary to Ihe provisions of paragraph 9.15 ur 9.16.
Clarifications and interpretations of the Contract Documents
~hall be issued by ENGINEER as provided in paragraph 9A.
3.3. If. during Ihe performance of the Work. CONTRAC-
TOR finds a conl1icl. ~rror or discrepancy in Ihe Contract
Documenls. CONTRACTOR shall so repon to ENGINEER
in writing at once and before proceeding with the Work atTected
Ihereby ~<;h:11I ublain a wrinen inlerprelalion ur clarification
9
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from 'ENGINEER: however. CONTRACTOR shall not be
Eble to OWNER or ENGINEER for failure to report .any
ict. error or discrep8llcy in the Contract Documents
css CONTRACTORtiad actual knowledge thereof or should
reasonably havc'known thercof.
lndinl flIUi Supple",.IIIin~~ co~ DoclUMlW:
3.4. The Contract Documents may be amended to pro-
lIle for additions. deletions and revisions in the Work or to
~jfy the terms and conditions thereof in one or more of
the following ways:
I 3.4.1. a formal Wrincm Amendment.
lor
3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
I indicated in paragraphs J 1.2 and 12.1. Contract Price and
~ntract Time may only be changed by a Change Order or a
Written Amendment.
13.5. In addition, the requirements of the ContracLDocu-
ments may be supplemented, and minor variations and devia-
" as in the Work may be a,uthorized, in one or more of the
Dowing ways:
3.5.1. a Field Order (pursuant to paragraph 9.5),
I 3.5.2. ENGINEER'!: approval of a Shop Drawing or
sample (pursuant to panlgraphs 6.26 and 6.27), or
3.4.2. a Change Ordl:r (pursuant to paragraph 10.4),
I 3.5.3. ENGINEER.!: wrinen interpretation or clarifi-
cation (pursuant to paragraph 9.4).
I-US- of Docum_nls:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other person 0'. organization performing or fur-
~. bing any of the Work under a direct or indirect contract
ith OWNER shall have or acquire any title to or ownership
ghts in any of the Drawings. Specifications or other docu-
ments (or copies of any thc:reoO prepared by or bearing the
... of ENGINEER: and they shall not reuse any oflhem on
IIttensions of the Project or any other project without written
consent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
I
ARTICLE 4-A V AILABI:LITY OF LANDS: PHYSICAL
I CONDITIO,~S; REFERENCE POINTS
A IlGiUlbiJiry of lAnds:
14.1. OWNER shall fUnlish, as indicated in the Contract
ocuments. the lands upon which the Work is to be per-
formed. rights-of-way and c:asements 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.
PIr,sictd CotuliJiDns:
4.2.1. Explorations and Reports: Reference is made
to the Supplementary Conditions for identification of those
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such 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:
4.2.3.1. 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. reftected or referTed 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 permiued by para-
graph 6.:22). notify OWNER and ENGINEER in writing
about the inaccuracy or difference.
10
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4.2.4. ENGINEER's Rt!\'iell': ENGINEER will
promptly review the pertinent conditions. determine the
necessity of obtainin g.additional"explorations or tests with
respect thereto 3:nd advise OW.N ER in writing (with a copy
to CONTRACTOR) of ENGlNEER.s findings and con-
clusions.
1
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4.2.5. Po.uihlt!. Document CllClnfle: If ENGINEER
concludes that there: is a material error in the Contract
Documents or that because of newly discovered condi-
tions a change in thl: Contract Documents is required. a
Work Directive Challge or a Change Order will be issued
as provided in Artide 10 to rellect and document the
consequences of the inaccuracy or difference.
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4.2.6. Pouible Price tllld Time Adjustments: In each
such case. an increase or decrease in the Contract Price
or an extension or sh ortening of the Contract Time. or any
combination thereof.. will be allowable to the extent that
they are attributable to any such inaccuracy or difference.
If OWNER and CONTRACTOR are unable to agree as to
the amount or length '[hereof. a claim may be made therefor
as provided in Articl:s II and 12.
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I Physical Conditions-Cnderground Facilities:
4.3.1. Shown or IlIdicated: The information and data
shown or indicated in the Contract Documents with respcct
I to existing Underground Facilities at or contiguous to the
site is based on infonnation and data furnished to OWNER
or ENGINEER by the owners of such Underground Fadl.
1 ities or by others. Unless it is otherwise expressly pro.
vided in the Supplementary Conditions:
I
4.3.1.1. OWNER and ENGINEER shall not be
responsible for the accuracy or completeness of any
such information or data: and.
I
-l.3.1.~. 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 ofthe Work with the owners of such Underground
Facilities during (;onstruction. 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.
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-l.3.2. NIII ShOll'" o/' IlIdicCllt!d. 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 bc:en expC:l:ted to be aware of. CONTRACTOR
shall. promptly aftc:r becoming aware thereof and before
performing any Wurk affected thereby (except in an c:mc:r-
gency as pc:rmilted tly pamgraph b.::!::!l. identify the ownc:r
of such Undc:rground Facility and give written notice thereof
to that ownc:r and tll OWNER and ENGINEER. ENGI-
N EER will promplly review Ihe l!mJ.:rground Facility 10
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determine the extent to which the Contract Documents
should be modified to reftect 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 extent that they are attributable to the e,istence of
any Underground Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties are unable to agree as to the amount or length
thereof. CONTRACTOR may make a claim therefor as
provided in Articles II and 12.
Reference Points:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points forconstroction 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 effect at least until one
year after the date when final payment becomes due. except
as otherwise provided by Law or Regulation or by the Con-
tract Documents. CONTRACTOR shall also furnish such
other Bonds as are required by the Supplementary C\Jndi-
. tions. All Bonds shall be in the forms prescribed by Law or
Regulation or by the Contract Documents and be executed
by such sureties as are named in the current list of "Com-
panies Holding Certificates of Authority as Acceptable Sure-
ties on Federal Bonds and as Acceptable Reinsuring Com-
panies'. as published in Circular 570 (amended) by the Audit
Staff Bureau of Accounts. U.S. Treasury Department. All
Bonds signed by an agent must be accompanied by a cerlified
copy of the authority to act.
5.::!. If Ihe surety on any Bond furnished by CONTRAC-
TOR is declared a tlankrupt or becomes insolvent or its right
10 do business is Ic:rminuted in any state where any pan of
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the Project is located or it cl:ases to meet the requirements
FPh 5.1, CONTRACTOR shall within five days
er substitute another Bond an4 Surety, both of which
t be acceptable to OWNER. .
LID"" Lillbilily lnslllflll.:e:
1I!.3. CONTRACTOR stulll purchase and maintain such
comprehensive general liability and other insurance as is
Aropriate for the Work beil]g performed and furnished and
&il1 provide protection frc.m claims set fonh below which
may arise out of or result from CONTRACTOR's perf or-
Ice and furnishing of thl~ Work and CONTRACTOR's
er obligations under the ContraCt Documents. whether it
i be performed or furnisbed by CONTRACTOR, by any
Subcontractor, by anyone directly or indirectly employed by
I of them to perform or furnish any of the Work, or by
one for whose acts any of them may be liable:
5.3.1. Claims under workers' or workmen.s compen-
lsation, disability benefits nnd other similar employee ben-
efit acts;
5.3.2. Claims for damages because of bodily injury,
.occupational sickness or disease, or death of CONTRAC-
~OR'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 emplo,'ees;
I 5.3.4. Claims for damages insured by personal injury
liability coverage which are sustained lal by any person
as a result of an offense directly or indirectly related to
the emolovment of such 'oerson by CONTRACTOR. or
lIb) by ~ny 'other person fo~ any other reason:
5.3.5. Claims for darr..ages. other than to the Work
I 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 prclpeny damage arising out of the
ownership. maintenance clr use of any motor vehicle.
Ie insurance required by this paragraph 5.3 shall include
specific coverages and be written for not less than the
limits of liability and coveral~es provided in the Supplemen-
~ Conditions. or required by law, whichever is greater.
.e comprehensive general liability insurance shall include
completed operations insurance. All of the policies of in sur-
Ie 50 required to be purc:hased and maintained lor the
ificates or other evidencl: thereoO shall contain a provi-
n or endorsement that thl: coverage afforded will not be
cancelled. materially changed or renewal refused until at least
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thirty days' prior written notice has been given to OWNER
and ENGINEER by cenified mail. All such insurance shall
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correcting, removing or
replaciDgdefective Work in accordance with paragraph 13.12.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two ycars after final payment
and furnish OWNER with evidence of continuation of such
insurance at final payment and one year thereafter.
Corrlrru:tlull Lillbilily I nslUflll&e:
5.4. The comprehensive gcnerm liability insurance required
by paragraph 5.3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under paragraphs
6.30 and 6.31.
Ow"."" Lillbility InslU'GlU:e:
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 D~cuments.
Property Inslllflllce:
5.6. Unless otherwise provided in the Supplementary
Conditions, OWNER shall purchase and maintain propeny
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 Regulationsl. 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 panics. 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
propeny (including but not limited to fees and charges of
engineers. architects. attorneys and other professionals I. If
not covered under the "all risk.' insurance or otherwise pro-
vided in the Supplementary Conditions. CONTRACTOR shall
purchase and maintain similar propeny insurance on portions
of the Work stored on and off the' site or in transit when such
ponions of the Work are to be included in an Application for
Payment.
5.7, OWNER shall purchase and maintain such boiler and
machinery insurance or additional propeny insurance as may
be required by the Supplementary Conditions or Laws and
Regulations which will include the interests or OWNER.
CONTRACTOR. Subcontractors, ENGINEER AND
ENGINEER's consultants in the Work. all of whom shall be
listed as insured or additional insured parties.
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5.8. All the policie:; of insurance lor the cenificates or
other evidence thereof. required to be purchased and main-
1 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 canc:elled or materially changed or renewal
refused until at least thirty days', prior written notice has been
I given to CONTRACTOR by c:enified mail and will contain
waiver provisions in accordance with paragraph 5.11.2.
5.9. OWNER shall not be responsible for purchasing and
1 maintaining any propelty insurance to protect the interests
of CONTRACTOR. Subcontractors or others in the Work to
the extent of any deductible amounts that are provided in the
1 Supplementary Conditions. The risk of loss within the
deductible amount. will be borne by CONTRACTOR. Sub-
contractor or others suffering any such loss and ifany of them
wishes propeny insurance coverage within the limits of such
I amounts. each may purchase and maintain it at the purchas-
er's own expense.
5.10. If CONTRACTOR requests in writing that other
1 special insurance be induded in the propeny insurance pol-
icy. OWNER shall. if possible. include such insurance. and
the cost thereof will be c:harged to CONTRACTOR by appro-
1 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
Waiver of Rights:
5.11.1. OWNER and CONTRACTOR waive all rights
against each other fi)r all losses and damages caused by
any of the perils covered by the policies of insurance
provided in respons.: to paragraphs 5.6 and 5.7 and any
other propeny insurance applicable to the Work. and also
waive all such right!; against the Subcontractors. ENGI-
:--lEER. 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 waivl:r provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's consultants and all otherpanies named as insureds.
None of the above waivers shall extend to the rights that
any of the insured panies may have to the proceeds of
insurance held by OWNER as trustee or otherwise P!lY-
able under ~\Oy policy so issued.
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5.11.2. OWNER and CONTRACTOR intend that any
policies provided in response to paragraphs 5.6 and 5.7
shall protect all ofth.: panies 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 clTect that in the event of payment
of any loss or damllge the insurer will have no rights of
recovery ag~linst any of Ihe panies n.lmed as insureds llr
additional insureds. and if Ihe insurers require sc::par.lle
waiver forms to be signed by ENGINEER or ENGI-
:--lEER's cllOsullant :)\V~ER will obl,lin the ~.Ime. and if
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such waiver forms are required of any Subcontractor.
CONTRACTOR will obtain the same.
Receipt and Applictllion of Proceeds:
. . .
5.12. Any insured loss under the policies of insurance
required by paragraphs 5.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds. as their interests may appear. subject to the require-
ments of any applicable mongage 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 panies in interest may reach. If no other
special agreement is reached the damaged Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
5.13. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writing within fifteen days after' the
occurrence of loss to OWNER.s exercise of this power. If
such objection be made. OWNER as trustee shall make set-
tlement with the insurers in accordance with such agreement
as the panies in interest may reach. If required in writing by
any pany 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 req\:ired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs 5.3 and 5.4 on the basis of its not complying
with the Contract Documents. OWNER shall notify CON-
TRACTOR in writing thereof within ten days of the date of
delivery of such cenificates to OWNER in accordance with
paragraph '1.7. If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paragraphs 5.6 and 5.7 on the basis of
their no~ complying with the Contract Documents. CON-
TRACTOR shall notify OWNER in writing thereof within ten
days of the date of delivery of such cenificates 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.
Ponied c:tili:.Jltion-PropeTQ'/nsurance:
5.15. If OWNER finds it necessary to occupy or use a
ponion or portions of Ihe Work prior to Substantial Cumple-
tion of all the Work. such use or occupancy may be accom-
plished in accordanc~ with paragraph 14.10: provided that no
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such use or occupancy shall commence before the insurers
providing the propeny insurance have acknowledged notice
I thereof and in writing effected the changes in coverage neces-
sitated thereby. The insurers providing the propeny insur-
ance shall consent 'by el]dorsement on the policy or policies.
I but. the propeny insurance shall" not be cancelled or lapse on
account of any such paJ'tial use or occupancy.
I ARTICLE &-CONTRACTOR'S ~SPONSIBILmES
I Sllpenision ad S"".ri1u-"_lIce:
6.1. CONTRACTO:R shall supervise and direct the Work
competently and efficiently. devoting such attention thereto
I and applying sucb skill:. and expenise as may be necessary
to perform the Work in accordance with the Contract Doc-
uments. CONTRACTOR shan be solely responsible for the.
means. methods. techniques. sequences and procedures of
I constrUction. but CONTRACTOR shall not be responsible
for the negligence of ol:hers in the design or selection of a
specific means. method. technique. sequence or procedure
of construction which is indicated in and required by tbe
I Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
I 6.2. CONTRACTOR shall keep on the Work at all times
during its progress a contpetent resident superintendent. who
shall not be replaced wil:hout written notice to OWNER and
I 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
I shall be as binding as if given to CONTRACTOR.
lAbor. MtUt!rilUs and Eq..:ipmt!nt:
I 6.3. CONTRACTOR shall provide competent. suitably
quaJified personnel to su.rvey and layout the Work and per-
form construction as required by the Contract Documents.
I CONTRACTOR shail at all times maintain good discipline
and order at the site. Exc:ept in connection with the safety or
protection of persons or the Work or propeny at the site or
adjacent thereto. and e:tcept as otherwise indicated in the
I Contract Documents. all Work at the site shall be performed
during regular working hours. and CONTRACTOR will not
permit ovenime work or the performance of Work on Sat-
urday. SUriday or any lelPLI holiday without OWNER.s writ.
I ten consent given after prior written notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
I ments. CONTRACTOR shall furnish and assume full respon-
sibility for all materials.. equipment. labor. transponation.
construction equipment and machinery. tools. appliances.
fuel. power. light. heat. telephone. water. sanitary facilities.
I temporary facilities and all other facilities and incidentals
necessary for the furnishing. performance. testing. stan.up
and.completion of the Work.
I
6.S. Ail 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 repons 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 undenake responsibility contrary to the provisions of
paragraph 9.15 or 9.16.
AdjllStillg P1'Ogt'ftS Schell,,":
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) adjust-
ments in the progress schedule to rellect 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.
SlIbslilules or "Or-EqUlll" Items:
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by using the name
of a proprietary item or the name of a panicular Supplier
the naming of the item is intended to establish the type.
function and quality required. Unless the name is followed
by words indicating that no substitution is 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 equaJ
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 CONTRAcrOR. 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.
cenifying 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 OWN ER for work on the Project) to
adapt the design.to the proposed substitute and whcther
or not incorporation or usc of thc substitute in connection
with the Work is subject to payment oi any IIcensc ice or
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royalty. All variations of the proposed substitute from that
specified will be illentified in the application and available
maintenance. rep2.i.r and replacement service will be indi-
cated. The appliclltion will also contain an itemized esti-
mate of all costs that will result directly or indirectly from
acceptance of such substitute. including CUsts of reaesign
and claims of othc:r contractors affected by the resulting
change. all of whkh shall be considered by ENGINEER
in evaluating the'"roposed substitute. ENGINEER ma}'
require CONTRACTOR to furnish at CONTRACTOR's
expense additionai. data about the proposed substitute.
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6.7.2. Ifa specific means. method. technique. sequence
or procedure of construction is indicated in or required by
the Contract Documents. CONTRACTOR may furnish or
utilize a substitute means. method. sequence. technique
or procedure of construction acceptable to ENGINEER.
if CONTRACTOR submits sufficient information to allow
ENGlN EER 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 Drovided in paragraph 6.7.1 as applied
by ENGINEER all,d as may be supplemented in the Gen-
eral Requirements.
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6.7.3. ENGINEER will be allowed a reasonable time
within which to eva.luate each proposed substitute. ENGI-
NEER will be the: sole judge of acceptability. and no
substitute will be ordered. installed or utilized without
ENGlNEER.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 evaluating substitutions
proposed by CONTRACTOR dnd in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a proposed substitute. CON-
TRACTOR shall rc:imburse OWNER for the charges of
ENGINEER and E.NGINEER's consultants for evaluat-
ing each proposed !;ubstitute.
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Concertling Subcontrac/'ors, Suppliers and Others:
6.8.1. CONTRACTOR shall not employ anr Subcon-
tractor. Supplier or Olher person or organization I includin~
those acceptable t\:. OWNER and ENGINEER as indi-
cated in paragraph 11.8.21. whether initially or as a substi-
tute. against whom OWNER or ENGINEER may have:
reasonable objection. CONTRACTOR shall not be required
to employ any Subcontractor. Supplier or other person l\r
organization to furnl.sh or perform any of the Work against
whom CONTRACTOR has reasonable objection.
6.IL~. If the Supplementary Conditions re:quire the:
identity of certain S Jbcontractors. Suppliers or other per-
sons or organizations (including those who are to furnish
the principul items llf materi.lIs and equipment I to be sub-
mitted to OWNER in advance of the specified date prior
to the EIl"ective Dutt: of the Agreement for acc.:ptance: by
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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 Documentsl
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
Cont~ct Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or organization
shall constitute a waiver of any right of OWNER or ENGI-
NEER to reject defe("til'e Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors. Suppliers and other persons and organizations per-
forming or furnishing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's own acts' and omis-
sions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER
and any such Subcontractor. Supplier or other person or
organization. nor shall it create any obligation on the pan of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subcontractor. Supplier or other
person or organization 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. II. All Work performed for CONTRACTOR by a Sub-
contractor will be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically binds the Subcontractor to the applicable terms and
conditions of the Contract Documents for the benefit of
OWNER and ENGINEER and contains waiver provisions
as required by paragraph 5.11. CONTRACTOR shall pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol-
icies issued pursuant to paragraphs 5.6 and 5.7.
Patent Fees and Ro.valties:
6.12. CONTRACTOR shall pay all license fees and roy-
alties and assume all costs incident to the use in the perter-
mance of the Work or the incorporation in the Work of any
invention. design. process. product or device which is the
subje:ct of ratent rights or copyrights held hy l.lthe:rs. If a
particular invention. design. process. product or device is
specified in the Contract Documents for use in the perter-
m,lOce of lhe Work and iftll the actual knowledge: of OWN ER
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C?r ENGINEER its use is. subject to patent rights or copyrights
calling for the payment (If any license fee or royalty to others.
I the existence of such riRhts shall be disclosed by OWNER in
ihe Contract DocWOCU1:S. CONTRACTOR shall indemnify
and hold barmJess OWNER. and-ENGINEER and anyone
directly or indirectly ell1ploycd _by either of them from and
I against all claims. damalCS. losses and expenses (including
anomeys. fees and court and arbitration costs) arising out of
any infringement of palcut rights or copyrights incident to
I the use in the perfOnDallce of the Work or resulting from the
incorporation in the WOl't of any invention. design. process,
product or device not specified in the Contract Documents,
and shall defend all such ,::!aims in connection with any alleged
I infringement of such rights.
p,mU#:
I 6.13. Unless otherwise provided in the Supplementary
Conditions, CONTRACi:'OR shall obtain and pay for all con-
struction permits and lic:enses. OWNER shall assist CON-
I TRACTOR. when necessary, in obtaining such permits and
licenses. CONTRACTOR shall pay all governmental charges
and inspection fees neces:;ary for the prosecution of the Work.
I 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
I such utility owners for C:lpital costs related thereto such as
plant investment fees.
I lAw, and R'gullllions:
6.14.1. CONTRACTOR shall give all notices and
comply with all Laws and Regulations applicable to fur-
I Dishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Regu-
lations. neither OWNE:R nor ENGINEER shall be respon-
sible for monitoring CONTRACTOR.s compliance with
I any Laws or Regulations.
I
6.14.2. If CONTRACTOR observes that the Specifi-
cations or Drawings are at variance with any Laws or
Regulations. CONTRt\CTOR shall give ENGINEER
prompl 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 Regulalions.. and without such notice to
ENGINEER. CONTRo\CTOR shall bear aU costs arising
therefrom: however. it shall not be CONTRACTOR's pri-
mary responsibility to make certain that the Specifications
and Drawings are in accordance with such Laws and
Regulations.
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Taz,s:
, 6.1.5. CONTRACTOR shall pay all sales. consumer, use
nd other similar taxes required to be paid by CONTRAC-
OR in accordance with the Laws and Regulations of the
I
place of the. Project which are applicable during the perfor-
mance of the Work.
UH-O/ PnmU'6:
6.16. CONTRACI"OR shall contine consb1lction 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 permined by the Contract Documents and other
land and areas permitted by Laws and Regulations. rights-
of-way. permits and casements. and shall not unreasonably
encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area. or to
the owner or occupant thereof or of any land or areas contig-
uous thereto, resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
of the Work. CONTRACTOR shall promptly anempt to settle
with such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall. to the
fullest extent permined by Laws and Regulations. indemnify
and hold OWNER and ENGINEER harmless from and apinst
all claims. damages. losses and expenses (including, but not
limited to. fees of engineers. architects. anorneys and other
professionals and coun and arbitration costs) arising direcdy.
indirecdy or consequentially out of any action. legal or equi-
table, brought by any such other pany against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17. During the progress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work.
At the completion of the 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 propeny not
designated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any pan
of any structure to be loaded in any manner that will endanger
the structure. nor shall CONTRACTOR subject any part of
the Work or adjacent propeny to stresses or pressures that
will endanger it.
R,cord Docum,lIlS:
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 wriuen interpretations
and clarifications (issued pursuant to paragraph 9.4) in good
order and annotated to show all changes made during con-
struction. These record documents together with all approved
samples and a counterpan of all approved Shop Drawings
will be available lO ENGINEER for reference. Upon com-
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pletion of the Work. these record documents. samples and
Shop Drawings will be: delivered to ENGINEER for OWNER.
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Safety and Protection:
6.20. CONTRACTOR shall be responsible for initiating.
maintaining and supervising all safety precautions and pro-
grams in connection with the Work. CONTRACTOR shall
take all necessary precautions for the safety of. and shall
provide the necessal1' protection to prevent damage. injury
or loss to:
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6.~0.1. all employees on the Work and other persons
and organizations who may be affected thereby:
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6.~0.2. all the Work and materials and equipment to
be incorporated thl:rein. whether in storage on or off the
site: and
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6.10.3. other property at the site or adjacent thereto.
inclUding trees. shi~bs. lawns. walks. pavements. road-
ways. structures. utilities and Underground Facilities not
designated for rem,)val. relocation or replacement in the
course of construction.
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CONTRACTOR shall comply with all applicable Laws and
Regulations of any public body having jurisdiction for the
safety of persons or property or to protect them from damage.
injury or loss: and shall erect and maintain all necessary
safeguards for such safety and protection. CONTRACTOR
shall notify owners of adjacent property and of Underground
Facilities and utility owners when prosecution of the Work
may atfect them. and shall cooperate with them in the pro-
tection. removal. reloc:ation and replacement of their prop-
erty. All damage. injury or loss to any property referred to
in paragraph 6.20.1 or 6.~0.3 caused. directly or indirectly.
in whole or in part. by CONTRACTOR. any Subcontractor.
Supplier or any other J:terson or organization directly or indi-
rectly employed by an~1 of them to perform or furnish any of
the Work or anyone for whose acts any of them may be liable.
shall be remedied by CONTRACTOR (except damage or loss
attributable to the fault of Drawings or Specifications or to
the acts or omissions of OWNER or ENGINEER or anyone
employed by either of them or anyone for whose acts either
of them mav be liable. and not attributable. directly or indi-
rectly. in whole or in part. to the fault or negligence of CON.
TRACTOR!. CONTRACTOR's duties and responsibilities
for the safety and protection of the Work shall cuntinue until
such time as all the Work is completed and ENGI;-.lEER has
issued a notice to OWNER and CONTRACTOR in accurd-
ance with paragraph 1~.l3thatthe Work is acceplable rexcept
as otherwise expressly provided in conneclion with Substan-
tial Cumpletion!.
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b.~ I. CONTRACTOR sh.11I design.lle a respl\nsible rep-
resent:lli\'~ :\1 (he 'iite \.'hose duty shall be the rrt:\"entilln l\(
accidents. Thi:i person shall be CONTRACTOR's superin-
tendent unless utherwise designaled in wriling by CO!\<-
TR..~CTOR 10 OWNER.
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Emergencies:
6.22. In emergencies affecting the safety or protection of
persons or the Work or property at the site or adjacent thereto.
CONTRACfOR. without special instruction or authorization
fr.om 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. If ENGI-
NEER determines that a change in the Contract Documents
is required because of the action taken in response to an
emergency. a Work Directive Change or Change Order will
be issued to document the consequences of the changes or
variations.
Shop Drawings and Samples:
6.23. After checking and verifying all tield measurements
and after complying with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions (see para-'
graph 2.9). or for other appropriate action if so indicated in
the Supplementary Conditions. five copies (unless otherwise
specified in the General Requirementsl of all Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR.s responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions will be identified
as ENGINEER may require. The aata 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.
6.14. CONTRACTOR shall also submit 10 ENGINEER
for review and approval with such promptness as to cause
no delay in Work. all samples required by the Contract Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR.s responsibililies under the
Contract Documents with respect to the review of the sub-
mission and will be identified clearly as to material. S4pplier.
pertinent data such as catalog numbers and the use for which
intended.
6.~5.1. Before submission of each Shop Drawing or
sample CONTRACTOR shall h,,\'e determined and ,'eri.
tied all quantiti~s. dimensions. specified performance cri-
teria. installation requirements. materials. calalog num-
bers and similar data wilh respect thereto and reviewed
or coordinaled each Shup Drawing or s01mple with other
Shop Drawings and samples and with the requirements of
Ihe Work and the Contract Documenls.
6.15.1. AI Ih~ lime l\l each submissiun. CONTRAC-
TOR sh,,1I giv~ ENG IN EER speciric wrillen nOlic!: of each
variatiun Ihat the Shup Drawings or samples mOlY have
from the requirements llf Ihe Clmtract Documenls. and.
in addilion. sh,,1I cause;: a specific nOlatiun 10 be m"de on
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each Shop Drawing submitted to ENGINEER for review
and approval of each .sucb variation.
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6.26. ENGINE'ER will review and approve with reason-
able promptness Shop Drawings 'and'samples. but ENGI- ..
I NEER's review and approval will be only for confonnance
with the design conccJlt of the Project and for compliance
with the infonnation given in the Contract Documents and
shall not extend to m=lI1s. methods. techniques. sequences
I or procedures of constnlction (except where a specific means.
method. technique. sequencc or procedure of construction is
indicated in or required by the Contract Documents) or to
safely precautions or programs incident thereto. The review
I and approval of a sepluate item as such will not indicate
approval of the assembilY in which the item functions. CON-
TRACTOR shall make C:OrrectiODS required by ENGINEER.
I and shall return the reCl:uired number of corrected copies of
Shop Drawings and subrrUt as required new samples for review
and approval. CONTRACTOR shall direct specific attentioD
in writing to revisions IJther than the corrections called for
I by ENGINEER on pre1rious submittals.
6.27. ENGINEER'li review and approval of Shop Draw-
ings or samples shall not relieve CONTRACTOR from
I 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
I ENGINEER has given wrinen approval of each such varia-
tiOD by a specific wrine:n notation thereof incorporated in or
accompanying the Sho)J Drawing or sample approval: nor
I will any approval by ENGINEER relieve CONTRACTOR
from responsibility for errors or omissions in the Shop Draw-
ings or from responsibility for having complied with the pro-
visions of paragraph 6.25.1.
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6.28. Where a Shop Drawing or sample is required by the
Specifications. any relal:ed Work performed prior to ENGI-
NEER.s review and approval of the peninent submission wiD
be the sole expense and responsibility or" CONTRACTOR.
Colllinuing the Work:
I 6.29. CONTRACTOR shall carry on the Work and adhere
to the progress schedule during all disputes or disagreements
with OWNER. No Work. shall be delayed or postponed pend-
ling resolution of any disputes or disagreements. except as
permitted by paragraph 15.5 or as CONTRACTOR and
OWNER may otherwise:'agree in writing.
IlnMmni/i&lIIiDn:
6.30. To the fullest ,:xtent permitted by Laws and Regu-
I lations CONTRACTOR shall indemnify and hold hannless
OWNER and ENGINEER and their consultants. agents and
employees from and against all claims. damages, losses and
expenses. direct. indirec:t or consequential (including but not
I limited to fees and chlll1l,es of engineers. architects. attorneys
and other professionals and co un and arbitration costs) aris-
ing out oi or resulting from the performance of the Work.
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provided that any such claim. damage. loss or expense (a) is
attributable to bodily injury. sickness. disease or death. or to
injury to or destruction of tangible propeny (other ihan the
Work itselO including the loss of use resulting therefrom and
(b) is .caused 'in' 'whole or in pan by any negligent'.act or
omission of CONTRACTOR. any Subcontractor. any person
or organization directly or indirectly employed by any of them
to perfonn or furnish any of the Work or anyone for whose
acts any of them may be liable. regardless of whether or not
it is caused in pan by a pany indemnified hereunder or arises
by or is imposed by Law and Regulations regardless of the
negligence of any such pany.
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 perfonn 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 arising out
of the preparation or approval of maps, drawings. opinions.
repons, surveys. Change Orders, designs or specifications.
ARTICLE7-OTHERWORK
Re/iued Work III Sile:
7.1. OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces. have other work
perfonned by utility owners or let other direct contracts therefor
which shall contain General Conditions similar to these. If
the fact that such other work is to be performed was not noted
in the Contract Documents, wrinen notice thereof will be
given to CONTRACTOR prior to starting any such other
work: and. if CONTRACTOR believes that such perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the parties are unable to agree
as to the extent thereof, CONTRACTOR may make a claim
therefor as provided in Anicles II and 12.
7.2. CONTRACTOR shall afford each utility owner and
other contractor who is a pany 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 opponunity 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 pans come
together properly and integrate with such other work. CON-
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TRACTOR shall not endanger any work of others by cutting.
excavating or otherwise altering their work and will only cut
or alter their work with the written consent of ENGINEER
and the others whose: work will be affected. The duties and
responsibilities'of CONTRACTOR under this paragraph are
for the benefit of suc:h utility owners and other contractors
to the extent that there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWNER and such utility owners and other contractors.
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7.3. If any pan c.f CONTRACTOR's Work depends for
proper execution or results upon the work of any such other
contractor or utility owner lor OWNER). CONTRACTOR
shall inspect and promptly repon to ENGINEER in writing
any delays. defects e'r deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTRACTOR.s failure so to repon will constitute
an acceptance of the ather 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.
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C oomination:
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 a,:ti\'ities 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 responsibilitie:i 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.
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ARTICLE 8-0WNER'S RESPONSIBILITIES
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8.1. OWNER shall issue all communications to CON-
TRACTOR through ENGINEER.
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8.:!. In case of termination of the employment of ENGI-
NEER. OWNER shall appoint an engineer against whom
CONTRACTOR make:s no reasonable objection. whose sta-
tus under the Contracl Documents shall be that of the former
ENGINEER. Any dispute in connection with such appoint-
ment shall be subject 10 arbitration.
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8.3. OWNER shall furnish the data required of OWNER
under the Contract Documents promptly and shall make pay-
ments to CONTRACTOR promptly after they are due as
provided in paragraphs 14.4 and 14.13.
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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 .L! refers to OWNER.s identifying and making avail-
able to CONTRACTOR copies of reports of explorations and
tests of ~ubsulf:lce conditions :It the site and in existing struc-
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tures which have been utilized by ENGINEER in preparing
the Drawings and Specifications.
8.5. OWNER's responsibilities in respect of purchasing
and maintaining liability and propeny insurance are set fonh
. in paragraphs 5.5 through 5.8.' .
8.6. OWNER is obligated to execute Change Orders as
indicated in paragraph 10.4.
8.7. OWN ER's responsibility in respect of certain
inspections. tests and approvals is set fonh in paragraph 13.4.
8.8. In connection with OWNER's right to stop Work or
suspend Work. see paragraphs 13.IOand Ij.l. Paragraph 15.2
deals with OWNER.s right to terminate services of CON-
TRACTOR under cenain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
Own.rs RepresentDli".:
9.1. ENGINEER will be OWNER.s representative dur-
ing the construction period. The duties and responsibilities
and the limitations ofauthority of ENGINEER as OWNER's
representative during construction are set fonh in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINE~R.
Visits to Sit.:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the progress and quality of the executed Work and to deter-
mine. in general. if the Work is proceeding in accordance
with the Contract Documents. ENGINEER will not be required
to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. ENGINEER's dTorts
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.
Proj.CI Representation:
9.3. If OWNER and ENGINEER agree. ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The
duties. responsibilities and limitations of authority of any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWN ER
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 he as provided in the Supplemenmry Conditions.
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Cltui/il:IIIiolU tUUt lllWjrnelllliDlU:
9.4. ENGINEER will issue with reasonable promptness
such wriaen clarifications or interpretations of the require-
ments of the Contract Documents (in the form of Drawings
orotherwisc) as ENGDilEER. may determine necessary, which
shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If CONTRACTOR
believes that a wriaen 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 I I or Anicle 12.
1 AlIIluIriud YGlWiDIU;'1 Wort:
9.5. ENGINEER tllay authorize minor variations in the
Work from the requirements of me Contract Documents which
1 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
1 Field Order and will be binding on OWNER. and also on
CONTRACTOR who shaU perform the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
1 the Contract Time and the panies are unable to agree as to
the amount or extent thereof, CONTRACTOR may make a
claim therefor as provided in Anicle JJ or 12.
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I Rejecting De/ecti"e W orJ::
9.6. ENGINEER will have authority to disapprove or
I reject Work which ENCiINEER believes to be defective. and
will also have authority '[0 require special inspection or testing
of the Work as providc:d in paragraph 13.9. whether or not
the Work is fabricated, insralled or completed.
I Shop Drawing', Clumge OrtUn and Paymentr:
9.7. In connection with ENGINEER's responsibility for
1 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. 11 and 12.
9.9. In connection with ENGINEER's responsibilities in
I respect of Applications for Payment. etc.. see Anicle 14.
D..r.rmilUUulII' /or Unill'ric.s:
1 9.10. ENGINEER will determine the actual quantities
and classifications of Ullit Price Work performed by CON-
TRACTOR. ENGINEER will revicw with CONTRACTOR
ENGINEER's prelimin,3r)" determinations on such matters
1 before rendering a wrinen decision thereon (by rccommen-
dation of an Application for Paymcnt or otherwise). ENGI-
N EER . s wrinen decisions thercon will be tinal and binding
1 upon OWNER and CONTRACTOR. unless. within ten days
after the date of any sue.:! decision. either OWNER or CON-
TRACTOR delivcrs to thc othcr pany to the Agreement and
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to ENGINEER written noticc of intention to appeal from
such a decision.
D.cUiDlU on D.ispllles:
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
othcr matters relating to the acceptability of thc Work or the
interpretation of the requirements of the Contract Documents
penaining to the performance and furnishing of the Work and
claims under Anicles I I and 12 in respect of changes in the
Contract Price or Contract Timc will be refcrred initia1ly to
ENGINEER in writing with a request for a formal decision
in accordance with this paragraph, which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim. dispute and other maner will be delivered
by the claimant to ENGINEER and the other pany to the
Agreement promptly (but in no event later than thiny days)
after the occurrence of the event giving rise thereto. and
written supponing data will be submitted to ENGINEER and
the other pany within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim.
9.12. , When functioning as interpreter and judge under
paragraphs 9.10 and 9.11, 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. I I with respect
to any such claim, dispute or other matter (except any which
have been waived by the making or acceptance of final pay-
mcnt as provided in paragraph 14.16) will bc a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or other matter.
UmiIIuioIU 011 ENGINEER's RespolUibiJiJies:
9.13. Neither ENGINEER.s authority to aCI under this
Anicle 9 or elsewhere in the Contract Documents nor any
decision made by ENGINEER in good faith either to exercise
or not excrcise such authority shall give rise to any duty or
rcsponsibility of ENGINEER to CONTRACTOR. any Sub-
contractor. any Supplier. or any other person or organization
performing any of the Work. or to any surety for any ofthem.
9.14. Whenever in the Contract Documents the terms OOas
ordered.'. OOas directed". "as required." "as allowed.'. "as
approved'. or terms of like effect or impon are used. or the
adjectives "reasonable". "suitablc". "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 intendcd that such
requirement. dircction. review or judgment will be solely to
evaluate the Work for compliance with thc Contract Docu-
ments (unless there is a specific statement indicating other-
wiscl. The use of any such IeI'm or adjective shall not be
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effective to assign to ENGINEER any duty or authority to
supervise or direct tht: furnishing or performance of the Work
or any duty or authority to undertake responsibility contrary
to the provisions of palagraph 9.15 or 9.16.
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9.15. ENGINEER will not be responsible fol' CON-
TRACTOR's means. methods; techniques. sequences or pro-
cedures of constructi on. or the safety precautions and pro-
grams incident therell>. and ENGINEER will not be respon-
sible for CONTRACTOR.s failure to pertorm or furnish the
Work in accordance with the Contract Documents.
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9.16. ENGINEEF: 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 ofttle Work.
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ARTICLE IO-CHANGES IN THE WORK
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10.1. Without invali dating the Agreement and without notice
to any surety. OWNER may. at any time or from time to
time. order additions. deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order. or a Work Dire(:tive 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).
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10.::!. If OWNER and CONTRACTOR are unable to agree
as to the extent. if an.y. of an increase or decrease in the
Contract Price or an e:ttension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Change. a claim may be made therefor as provided in Article
II or Article 12.
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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.::!2 and
except in the case of uncovering Work as provided in para-
graph 13.9.
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lOA. OWNER and CONTRACTOR shall execute appro-
priate Change Orders (l)r Written Amendments) covering:
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lOA. I. changes in the Work which are ordered by
OWNER pursuant to paragraph 10.1. are required because
of acceptance of def~("t;\'~ Work under paragraph 13.1; llr
correcting Ihie("t;I'e Work under paragraph IJ.I~. or are
agreed to b~' the panies:
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lOA.:!. changes in the Contract Price or Conlract Time
which are agn:ed to by the parties: and
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10.4.3. changes in the Contract Price or Contract Time
which'embody the substance of any written decision ren-
dered by ENGINEER pursuant to paragraph 9: II:
provided that. in lieu of executing any such Change Order.
an appeal may be taken from any such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Regulations. but during any such appeal. CON-
TRACTOR shall carry on the Work and adhere to tbe 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 II~HANGE 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 event later than
thirty days) after the occurrence of the event giving rise to
the claim and stating the general nature of the claim. Notice
of the amount of the claim with supporting data shall be
delivered within sixty days after such occurrence lunless
ENGINEER allows an additional periOd of time to ascertain
more accurate data in support of the claim) and shall be
accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct. indirect and con-
sequential) to which the claimant is entitled as a result of the
occurrence of said event. All claims for adjustment in the
Contract Price shall be determined by ENGINEER in accor-
dance with paragraph 9.11 if OWNER and CONTRACTOR
cannot otherwise 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 II.::!.
11.3. The value of any Work covered by a Change Order
or of any claim for an increase or decrease in the Contract
Price shall be determined in one of the following ways:
11.3.1. Where the Work involved is covered by unit
prices contained in the Contract Documents. by applica-
lion of unit prices 10 the quantities of the items involved
(subject to the provisions of paragraphs 11.9.1. through
11.9.3. inclusivel.
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11.3.2. By mutual acceptance of a lump sum (which
may include an a1low~nce for overhead and profit not
necessarily in acconUlOce with paragraph 11.6.2.1).
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11.3.3. On the ba:.is of the Cost of the Work (deter-
mined as provided il:. paragraphs 11.4 and 11..5) plus a
CONTRAcrOR's Fc:e for overhead and profit (deter-
mined as provided in j)aragraphs 11.6 and 11.7).
I Con of 1M Wort:
11.4. The term Cost of the Work means the sum of all
I costs necessarily incum:d and paid by CONTRAcrOR 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
I the Project. shall include only the following items and shall
not include any of the COins itemized in paragraph 11..5:
I 11.4.1. Payroll COSI:S for employees in the direct employ
ofCONTRAcrOR in the performance of the Work under
schedules of job classifications agreed upon by OWNER
I and CONTRAcrOR. 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
I 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-
I iday pay applicable thc:reto. Such employees shall include
superintendents and fClremen at the site. The expenses of
performing Work afte:~ regular working hours. on Satur-
day. Sunday or legal holidays. shall be included in the
I above to the extent authorized by OWNER.
11.4.2. Cost of all materials and equipment furnished
I and incorporated in the Work. inCluding costs of trans-
ponation and storage thereof. and Suppliers' field services
required in connection therewith. All cash discounts shall
accrue to CONTRACTOR unless OWNER deposits funds
I with CONTRAcrOR with which to make payments. in
which case the cash discounts shall accrue to OWNER.
All trade discounts. rc:bates and refunds and all returns
from sale of sUl1'lus mlLterials and equipment shall accrue
I to OWNER. and CONTRACTOR shall make provisions
so that they may be obtained.
I 11.4.3. Payments made by CONTRAcrOR to the
Subcontractors for Work performed by Subcontractors.
If required by OWNER. CONTRAcrOR shall obtain
competitive bids from Subcontractors acceptable to CON-
I TRAcrOR 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
I Work Plus a Fee. the .subcontractor's Cost of the Work
shall be determined in the same manner as CONTRAC.
TOR.s Cost oi the Work.. All subcontracts shall be subject
I 22
to the other provisions of the Contract Documents insofar
as applicable.
11.4.4. Costs of special consultants (including but not
.Iimited.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 Worle. and cost
less market value of such items used but not consumed
which remain the propeny of CONTRAcrOR.
11.4..5.3. Rentals of all construction equipment and
machinery and the pans thereof whether rented from
CONTRAcrOR 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 forthe Work.
11.4..5.4. Sales. consumer. use or similar taxes
related to the Work. and for which CONTRACTOR is
liable. imposed by Laws and Regulations.
11.4.5.5. Deposits lost for causes other than negli-
gence of CONTRACTOR. any Subcontractor or any-
one directly or indirectly employed by any of them or
for whose acts any of them may be liable. and royalty
payments and fees for 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 CONTRAcrOR. 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 senlements made with the written
consent and approval of OWNER. No such losses.
damages and expenses shall be included in the Cost of
the Work for the purpose of determining CONTRAC-
TOR's Fee. If. however. any such loss or damage
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requires recon,.truction and CONTRACTOR is placed
in charge thereof. CONTRACTOR shall be paid for
services a fee proportionate to that stated in paragraph
11.6.2.'
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11.4.5.7. The cost of utilities. fuel and sanitary
facilities at the site.
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11.4.5.8. 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.
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11.4.5.9. Cust of premiums for additional Bonds
and insurance rl:quired because of changes in the Work
and premiums lor property insurance coverage within
the limits of tbe deductible amounts established by
OWNER in accordance with paragraph 5.9.
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11.5. The term Cost of the Work shall not include an)' of
the following:
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11.5.1. Payroll costs and other compensation of CON -
TRACTOR's officc:rs. executives. principals 101' panner.
ship and sole proprietorships I. general managers. engi-
neers. architects. e:itimators. attorneys. auditors. accoun-
tants. purchasing and contracting agents. expeditors.
timekeepers. clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR.s principal or a branch office for general administra-
tion of the Work and not specifically included in the agreed
upon schedule of j.;)b classifications referred to in para-
graph 11.4.1 or spec:ifically covered by paragraph 11.4.4-
all of which are [(I be considered administrative costs
covered by the CONTRACTOR.s Fee.
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11.5.2. Expenses (1f CONTRACTOR.s principal and
branch offices other than CONTRACTOR.s office at the
..ite.
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11.5.3. Any part ofCONTRACTOR.s capilal expenses.
including interest Or! CONTRACTOR'S capital employed
for the Work and .:harges against CONTRACTOR for
delinquent paymenlS.
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11.5.4. Cost of premiums for all Bonds and for all
insurance whether c.r not CONTRACTOR is required DY
the Contract Documents to purchase and maintain the
same lexcept for th;: cost of premiums covered by SUD-
paragraph II A.5.9 aDovel.
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11.5.5. Costs due to the negligence of CONTRAC-
TOR. any Subcontra~tor. or anyone directly or indirectly
employed DY any of i;,cm or tor who~e acts uny of them
may be Iiut'lle. ili.:fr.lliing but not limiteJ to. the correction
of dt!.Ii.'( ii,. '0" 'ur!.:. JiSpOS,11 lIt" matcrials or equipment
wrongly ~u, ..! ;~. ~ ..,aking good any dam.lge to prop-
erty.
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11.5.6. Other lJ\'erhead or general expense costs or
any kind and the Cllsts of any item not specifically and
expressly induded in parugraph II A.
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CONTRACTOR's Fee:
11.6. The CONTRACTOR's Fee allowed to CONTRAC-
TOR for overhead and profit shall be determined as follows:
. .I1.6d:..a mutually acceptable fixed fee: or if none can.
be agreed upon.
1/.6.2. a fee based on the following percentages of the
various portions of the Cost of the Work:
11.6.2: I. for costs incurred under paragraphs 11.4.1
and 11.4.:!. the CONTRACTOR.s Fee shall be fifteen
percent:
11.6.2.2. for costs incurred under paragraph 11.4.3.
the CONTRACTOR's Fee shall be five 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 IIAA. IIA.5 and 11.5:
1/.6.2.4. the amount of credit to be allowed by
CONTRACTOR to OWNER for any such change which
results in a net decrease in cost will be the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR.s Fee by an amount equal to ten percent of the
net decrease: and
11.6.2.5. when both additions and credits are
involved in anyone change. the adjustment in CON-'
TRACTOR.s Fee shall be computed on the basis of the
net change in accordance with paragraphs 1/.6.2.1
thro.Jgh 11.6.2A. inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraph II A or 11.5. CONTRACTOR will
submit in form accepmble [0 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 accep[able to ENGI-
NEER. CONTRACTOR agrees that:
1/.8.1. The allowances include the cost to CON-
TRACTOR Iless any applicable trade discounts 1 of mate-
rials and equipment required by the allowances to be deliv-
ered at the site. and all upplicable taxes: and
11.8.~. CONTRACTOR's wsts for unloading and
handling on the site. lunor. installation costs. overhead.
profit and other expenses contemplated tor the allowances
have heen incluued in .he Contract Price and not in [he
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allowances. No demUld for additional payment on account
of any thereof will be. valid.'
I Prior to final payment. an appropriate Change Order wiU be
issued as recommendc:d by ENGINEER to - reftect -actual
1 amounts due CONTRACTOR. on account of Work covered
by allowances. and the Contract Price shall be correspond-
ingly adjusted.
1 Unit Price Wort:
11.9.1. Where tile Contract Documents provide that
all or pan of the Wc.rIc 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 $I:paJ'ately identified item of Unit Price
Work times the estiJnated quantity of each item as indi-
cated in the Agreemc:nt. The estimated quantities of items
of Unit Price Work lire not guaranteed and are solely for
the purpose of com'parlson of Bids and determining an
initial Contract Price:. Determinations of the actual quan-
tities and classifications of Unit Price Work performed by
CONTRACTOR wit, be made by ENGINEER in accor-
dance with Paragraph 9.10.
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11.9.2. Each unil: price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTRACTOR.s overhead and profit for each sep-
arately identified item.
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11.9.3. Where th.: quantity of any item of Unit Price
Work performed by CONTRACTOR differs materially
and significantly frODI the estimated quantity of such item
indicated in the Agre'~ment and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR bc:lieves that CONTRACTOR has
incurred additional c:xpense 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 panies arc
unable to agree as to the amount of any such increase.
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I ARTICLE 12~HANCiE OF CONTRACT TIME
12.1. The Contract Time may only be changed by a Change
I Order or a Written Amendment. Any claim for an extension
or shonening of the Contract Time shall be based on written
notice delivered by the pany making the claim to the other
pany and to ENGINEER promptly (but in no event later than
I thirty days) after the occurrence of the event giving rise to
the claim and stating the: general nature of the claim. Notice
of the extent of the claim with supporting data shall be deli v-
I ered within sixty days a:fter such occurrence (unless ENGI-
NEER allows an additional period of time to ascenain more
accurate data in suppo..: of the claim) and shall be accom-
panied by the claimant":. written statement that the adjust-
I ment claimed is the entu'C adjustment to which the claimant
has reason to believe it is entitled as a result of the occurrence
of said event. All claims for adjustment in the Contract Time
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shall be determined by ENGINEER in accordance with para-
graph 9.11 if OWNER and CONTRACTOR cannot otherwise
agree. No claim for an adjustment in.the Contract Time will
be valid if not submined in accordance with the requirements
oftbis paragraph 12.1.
12.2. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include. but not be limited to.
acts or neglect by OWNER or others performing additional
wort as contemplated by Article 7. or to fires. floods. labor
disputes. epidemics. abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers. architects.
anomeys and other professionals and coun and arbitration
costs) for delay by either pany.
ARTICLE I3-W ARRANTY AND GUARANTEE;
TESTS AND INSPECTIONS:
CORRECTION. REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
WIImIIII1 fI1IIl GlUU'rUlUe:
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 Anicle 13.
Accas 10 Wort:
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 IUIIi InspectiDns:
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 lor pan 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
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be responsible for ~\Od shall pay all costs in connection with
any inspection or tc:sting required in connection with OWN-
ER.s or ENGIN EER.'s acceptance of a Supplier of materials
or equipme~t proposed to be incorporated in the Work. or of
materials or equipment submitted for approval prior to CON-
TRACTOR.s purchase thereoffor incorporation in the Wo.rk.
The cost of all inspections. tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specified).
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13.5. AI," inspec'[ions. 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 ENGIz.;EER if so
specified).
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13.6. If any Work (inCluding the work of others) that is
to be inspected. testl:d or approved is covered without written
concurrence of ENGINEER. it must. if requested by ENGI-
NEER. be uncovered for observation. Such unco\'ering shall
be at CONTRACTOR.s expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR's inten-
tion to cover the same and ENGINEER has not acted with
reasonable promptn.:ss in response to such notice.
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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.
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Uncovering Work:
13.8. lfany Work is covered contrary to the written request
of ENGINEER. it must. if requested by ENGI~EER. be
uncovered for ENGINEER.s observation and replaced at
CONTRACTOR's e:(pense.
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13.9. If ENGINEER considers it necessary or advisable
that covered Work be: observed by ENGINEER or inspected
or tested by otherL CONTRACTOR. at ENGINEER's
request. shall uncove:r. expose or otherwise make available
for observation. inspection ~r testing as ENGI;-';EER may
require. that portion of the Work in question. furnishing all
necessary labor. material and equipment. If it is found that
such Work is defe("(;n'. CONTRACTOR shall.bear all direct.
indirect and consequential costs of such uncovering. expo-
sure. observation. impection and testing and of :;<isfactory
reconstruction. lincll,ding but not limited to fees and charges
of engineers. architel:ts. attorneys and other professionals..
and OWN ER shall bl: entitled to an appropriate decrease in
the Contract Price. and. if the parties are unable to agree as
to the amount thereof. ma~t make a c1uim therefor :IS provided
in Article II. If. hll'.\ e\'er. slI,h \hll'k is not il'und to tie
de.fi.'('(i1'{'. CO:\TRACTOR 'ihull be :llll.>wed an in~rease in
Ihe CllOtrm:t Pn..,_ .;' ...1 ~\;::nsilln of the Contra~t Time. llr
both. Jirectly allnl'lIlabk 1\J such uncovering. exposure.
observatiun. inspection. testing and reconstructillO: and. if
the parties ure unubk to llgrec:: us III lhe umount llr extent
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thereof. CONTRACTOR may make a claim therefor as pro-
vided in Articles II and 12.
Owner May Stop the Work:
.13.10. 'If the Work.is defecI;\'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 pan of OWNER
to exercise this right for the benefit of CONTRACTOR or
any other party.
Correction or Removal of Defecti"e Work:
13.11. If required by ENGINEER. CONTRACTOR shall
promptly. as directed. either correct all defecI;\'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 nondefeel;"e Work. CONTRACTOR
shall bear all direct. indirect and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers. architects. attorneys and other profes-
sionals) made necessary thereby.
One Year Correction Period:
13.12. If within one year after the date of Substantial
Completion or such longer period of time as may be pre.
scribed by Laws or Regulations or by the terms of any appli-
cable special guarantee required by the Contract Documents
or by any specific provision of the Contract Documents. any
Work is found to be defeel;"e. CONTRACTOR shall promptly.
without cost to OWNER and in accordan\:e with OWNER's
written instructions. either correct such defe,,';,'e Work. or.
if it has been rejected by OWNER. remove it from the site
and replace it with nonde/eel;"e Work. If CONTRACTOR
does not promptly comply with the terms of such instructions.
or in an emergency where delay would cause serious risk of
loss or damage. OWNER may have the defeelb'e Work cor-
rected or the rejected Work removed and replaced. and all
direct. indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of
engineers. architects. attorneys and other professionals) will
be paid by CONTRACTOR. In special circumstances where
a particular item of equipment is placed in continuous service
before Substantial Comple~ion of all the Work. the correction
period for that item may start to run from an earlier date if
so provided in the Spc:cilications or by Written Amendment.
.-tcceplance of DefecI;ve Work:
13; 13. If. insteuu of requiring correction or removal and
replacement of d{~fi!",;\"(' Work. OWNER land. prior to
ENGIN EER's recommenulltion of tinal payment. also
ENGlN EER) prefers to accept it. OWNER may do so. CON-
TRACTOR 'ihllll bC::lr all direct. indirect and consequential
~5
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I costs attributable to OWNER's evaluation of and determi-
nation to accept such defeclivr Work (such costs to be approved
I by ENGINEER as to-rc::lSonableness and to include but not
be limited to fees and ch:uges of-engineers. arclUtects, attor-
neys and other professionals). ffany.such acceptance occurs
prior to ENGINEER's r:commendation of final payment. a
I Change Order will be issu:ed incorporating the necessary revi-
sions in the Contract Documents with respect to the Work:
and OWNER shall be entitled to an appropriate decrease in
I the Contract Price. and. if the' panics are unable to agree as
to the amount thereof. OWNER may malee a claim therefor
as provided in Anicle II. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
I CONTRACTOR to OWNER.,
I OWNER Ma, Correct D.J'rctiN Wort,.,
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
I to correct drfecrive Worle 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-
ITRACTOR fails to comply with any other provision of the
Contract Documents. OWNER may. after seven days. writ-
ten notice to CONTRACrOR. correct and remedy any such
I deficiency . In exercising the rights and remedies under this
paragraph OWN.ER shalll'roc:eed expeditiously. To the extent
necessary to complete concctive and remedial action. OWNER
may exclude CONTRAc:rOR from all or pan of the site. take
.possession of all or pan of the Work. and suspend CON-
FRACTOR's services related thereto, take possession of
CONTRACTOR.s tools. lIppliances. construction equipment
l::d machinery at the sit.: and incorporate in the Work all
materials and equipment Sloored at the site or for which OWNER
as paid CONTRACTOR but which are stored elsewhere.
CONTRACTOR shall allow OWNER. OWNER.s represen-
ltatives. agents and employees such access to the site as may
be necessary to enable OWNER to exercise the rights and
remedies under this panlll:raph. All direct. indirect and con-
sequential costs of OWN ER in exercising such rights and
tmedies will be charged ~ainst CONTRACTOR in an amount
pproved as to reasonableness by ENGINEER. and a Change
Order will be issued incorporating the necessary revisions in
fe Contract Documents with respect to the Work: and
WNER shall be entitled to an appropriate decrease in the
ontract Price. ' and. if thc:'panies are unable to agree as to
, the amount thereof, O~'ER may make a claim therefor as
lrovided in Article II. Su.:h direct. indirect and consequen-
ial costs will include but not be limited to fees and charges
of engineers. architects. utomeys and other professionals.
all court and arbitration costs and all costs of repair and
lePlacement of work of 'Jthers destroyed or damaged by
orrection. removal or mplacement of CONTRACTOR.s
defeclive Work. CONTRACTOR shall not be allowed an
(tension of the Contract Time because of any delay in per-
nnance of the Work attributable to the exercise by OWNER
fOWNER.s rights and remedies hereunder.
I
ARTICLE I4-PA YMENTS TO CONTRACTOR AND
COMPLETION
Sc~ ofY.u:
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.
AppliutiDII lor Progreu PlI1m.",:
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRAcrOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out and signed by CONTRAcrOR
covering the Work completed as of the date of the Application
and accompanied by sucn 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 wananting that O~ER has received .
the materials and equipmem free and clear of all liens. charges.
security interests and encumbrances (which are hereinafter
in these General Conditions referTCd to as "Liens") and
evidence that the materials and equipment are covered by
appropriate propeny insurance and other arrangements to
protect OWNER's interest therein. all of which will be sat-
isfactory to OWNER. The amount of retainage with respect
to progress payments will be as stipulated in the Agreement.
CONTRACTOR's Wamur", 01 TiIk:
14.3. CONTRACTOR Warrants and guarantees that title
to aU Work, materials and equipment covered by any Appli-
cation for Payment. whether incorporated in the Project or
not. will pass to OWNER no later than the time of. payment
free and clear of all Liens.
R..,iew 01 AppliazliollS lor Prognss Paym.",:
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 cOlTections 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
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representation by ENGIN EER 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 1Jata 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 acc:ordance with the Contract Documents
(subject to an evalu.:ltion of the Work as a functioning whole
prior to or upon Su~ stantial Completion. to the results of any
.subsequent tests ca.lled for in the Contract Documents. to a
final determination .of quantities and classifications for Unit
Price Work under paragraph 9.10. and to any other qualifi-
cations stated in the recommendation I: and that CONTRAC-
TOR is entitled to payment of the amount recommended.
However. by recom;nending any such payment ENGINEER
will not thereby be c~eemed to have represented that exhaus-
tive or continuous on-site inspections have been made to
check the quality or the quantity of the Work beyond the
responsibilities specifically assigne~ to ENGINEER in the
Contract Document!; 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.
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14.6. ENGINE~R.s recommendation of final payment
will constitute an additional representation by ENGINEER
to OWNER that the: conditions precedent to CONTRAC-
TOR.s being entitled to final payment as set forth in paragraph
14.13 have been fulfilled.
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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 OWN ER.
ENGINEER may al:;o refuse to recommend any such pay-
ment. or. because of subsequently discovered evidence or
the results of subsequ ent inspections or tests. nullify any such
payment previously recommended. to such extent as may be
necessary in ENGIN EER's opinion [0 protect OWNER from
loss because:
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loJ.7.1. the Wc.rk, is de!ecr;\'e, or completed Work has
been damage? requiring correction or replacement.
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1-J.7.2. the CO:llract Price has been reduced by Writ-
ten Amendment or Change Order.
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1~.7.3. OWNER has been required [0 correct dele(',
r;\'e Work orcomple[e Work in accordance with paragraph
13.14. or
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1-J.7.4. or ENGINEER's actual knowledge of the
occurrence of any of the events enumerated in paragraphs
15.~.1 through 15.:!.9 inclusive.
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OWNER may refuse [0 make payment of the full amount
recommended by ENGINEER because claims have been
made Llgains[ OWNER on account o['(ONTRACTOR's per-
formance or furnishing of [he Work or Liens have been filed
in connection with [he Work or [here are other items en[i[ling
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OWNER to a set-off against the amount recommended. but
OWNER must give CONTRACTOR immediate written notice
(with a copy to ENGINEER) stating. the reas9ns for such
action.
Substanlilll Completion:
14,8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writing that the entire Work is
substantially complete (except for items specifically listed by
CONTRACTOR as incomplete) and request that ENGI-
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENGINEER shall. make an inspection of the Work to deter-
mine the status of completion. If ENGINEER does not con-
sider the Work substantially complete. ENGINEER will notify
CONTRACTOR in writing giving the reasons therefor. If
ENGINEER considers the Work substantially complete.
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
certificate a tentative list of items to be completed or cor-
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate during which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If. after considering such objec-
tions. ENGINEER concludes that the Work is not substan-
tially complete. ENGINEER will within founeen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writing. stating the reasons therefor. If.
after consideration of OWNER.s objections. ENGINEER
considers the Work substantially complete. ENGINEER will
within said founeen days execute and deliver to OWNER
and CONTRACTOR a definitive cenificate of Substantial
Completion (with a revised tentative list of items to be com-
pleted or corrected) reflecting such changes from the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections. from OWN ER. At the time of delivery
of the tentative cenincate of Substactial Comple[ion ENG 1-
NEER will deliver to OWN ER 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 warrandes. Unless OWNER and
CONTRACTOR agree otherwise in writing and so inform
ENGINEER prior [0 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.
1-J.9. OWNER shall have [he right [0 exclude CON-
TRACTOR from the Work after the dale of Substantial Com-
pletion. but OWN ER shall allow CONTRACTOR reasonable
access to complete or correct items on [he tentative lis!.
Partial Utili:.ation:
14.10. Use by OWN ER of any finished pan of the Work.
which has specific.llly been identified in the Contract Do~u,
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. TOR agree constitutes II separately functioning and useable
pan of the Work that .C:U1 be usea by OWNER without sig.
I nific:ant intenerence wilh CONTRACTOR's penormaoce of
Ihe"remainder of Ihe Work. may be accomplished prior to
Substantial Completion of all the Work subject to the follow-
ling:
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14.10.1. OWNER al any time may request CON.
TRACTOR in writinlC 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. Cl)NTRACI"OR will cel'tifyto OWNER
and ENGINEER thaI: said pan of the Work is substantially
complete and request ENGINEER to issue a cenificate of
Substantial Completion' for that pan of the Work. CON-
TRACTOR at any tilDe may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
pan of the Work ready for its intended use and substan-
tially complete and n:quest ENGINEER to issue a cenif-
icate of Substantial Completion for that pan of the Work.
Within a reasonable time after either such request. OWNER.
CONTRACI"OR and ENGINEER shall make an inspec-
tion of that pan 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 C:ONTRACI"OR in writing giving the
reasons therefor. If ENGINEER considers that pan of the
Work to be substantinlly complete. the provisions of para-
graphs 14.8 and 14.9 will apply with respect to certification
of Substantial Complt:tion of that pan of the Work and the
division of responsibility in respect thereof and access
thereto.
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14.10.2. OWNER may at any time request CON-
TRACI"OR in writing to permit OWNER to take over
operation of any such pan of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER .:lnd within a reasonable time there-
after OWNER. CONTRACTOR and ENGINEER shall
make an inspection of that pan of the Work to determine
its status of comp/etio n and will prepare a list of the items
remaining to be completed or cOlTected thereon before
final payment. If CON~CTOR does not object in writ-
ing to OWNER and ENGINEER that such part of the
Work is not ready felr separate operation by OWNER.
ENGINEER will finalize the list of items to be completed
or cOlTected and will deliver such list to OWNER and
CONTRACTOR toge"ther with a written recommendation
as to the division of responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security. operation. safety. maintenance. utilities. insur-
ance. warranties and I~uarantees for that part of the Work
which will become hinding 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 Substanrial Completion of such pan of the
Work. OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on said list and to
complete other related Work.
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14.10.3. No occupancy or separate operation of pan
of the Work will be accomplished prior to compliance with
the requirements of paragraph 5.15 in respect of propcny
insurance.
FimIllnspcction:
14.11. Upon written notice from CONTRACTOR-that the
entire Work or an agreed portion thereof is complete. ENGI.
NEER will make a final inspection with OWNER and CON-
TRACTOR and wiD 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.
FimIl Appliulion lor Ptqmelll:
14.12. After CONTRACI"OR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instrUctions. schedules. guaran-
tees. Bonds. certificates of inspection. marked-up reco~
documents Cas provided in paragraph 6.19) and other docu-
ments-all as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16). CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shall be accompanied by all documentation called for
in the Contract Documents. together wjth complete and leplly
effective releases or waivers (satisfactory to OWNER) of all
Liens arising out of or filed in connection with the Work. In
lieu thereof and as approved by OWNER. CONTRACTOR
may furnish receipts or releases in full; an affidavit of CON-
TRACTOR that the releases and receipts include all labor.
services. material and equipment for which a Lien could be
filed. and that all payrolls. material and equipment bills. and
other indebtedness connected with the Work for which
OWNERorOWNER.s property might in any way be respon-
sible. have been paid or otherwise satisfied; and consent of
the surety. if any. to final payment. If any Subcontractor or
Supplier fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER against any Lien.
FilUll. Payment and AcceptlUlce:
14.13. If. on the basis of ENGINEER.s observation of
the Work during constnlction and final inspection. and
ENGINEER.s review of the final Application for Payment
and accompanying documentation-all as required by the
Contract Documents. ENGINEER is satisfied that the Work
has been completed and CONTRACTOR.s other obligations
under the Contract Documents have been fulfilled. ENGI-
NEER will. within 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
wrinen notice to OWNER and CONTRACTOR that the Work
is acceptable subject to the provisions of paragraph 14.16.
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Otherwise. ENGINEER will return the Application to CON-
TRACTOR. indicating in writing the reasons for refusing to
recommend final pa)'ment.. in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thii1y.days after presentation to OWNER of the.
Application and 'accompanying documentation, in appropri-
ate form and substanl:e, and with ENGlNEER.s recommen-
dation and notice of acceptability. the amount recommended
by EN GIN EER will become due and will be paid by OWNER
to CONTRACTOR.
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14.14. If, through no fault of CONTRACTOR. final com-
pletion of the Work is significantly delayed and if ENGI-
NEER so confirms. OWNER shall. upon receipt of CON-
TRACTOR.s final Application for Payment and recommen-
dation of ENGINEER. and without terminating the Agree-
ment. make payment of the balance due for that ponion 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 5.1. the writter.. consent of the surety to the payment
of the balance due for that ponion of the Work fully com-
pleted and accepted !hall be submitted by CONTRACTOR
to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions g9v-
eming final payment, except that it shall not constitute a
waiver of claims.
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Contractors Continuin.~ Obligation:
14.15. CONTRACTOR's obligation to perform and com-
plete the Work in accl)rdance with the Contract Documents
shall be absolute. Neither recommendation of any progress
or final payment by ENGINEER. nor the issuance of a cer-
tificat~ of Substantial Completion. nor any payment by
OWNER to CONTRACTOR under the Contract Documents.
nor any use or occupancy of the Work Ilr any part thereof by
OWNER. nor any aCI: of acceptance br 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 defectil'e Work b)r' OWNER will con-
stitute an acceptance of Work not in accordance with the
Contract Documents or a release of CONTRACTOR's obli.
gation to perform the Work in accordance with the Contract
Documents lexcept as provided in paragraph 14.161.
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Wah'er of Claims:
1~.16. The making and acceptance 0( final p.lymenl will
conslltute:
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1~.16.1. a waiv.:r of all claims by OWNER against
CO:-.lTRACTOR. except claims arising from unsellll:d
Liens. from "(//i.'('I;"(' Work appearing after tinal inspec-
tilln pursuant to paragraph I~.II or from failure III I.:omply
\\ itn the Cuntract DOl.:umenls or the tams of any special
guaranlees spccifieli Iherein: however. it will nol consti-
tute a waiver oy OWN ER of any rights in r,:spCCI llf
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CONTRACTOR.s continuing obligations under the Con-
tract Documents: and
14.16.2. a waiver of all claims by CONTRACTOR
against PWNER other than those previously made in writ-
ing and sti.1I unsettled.
ARTICLE IS-SUSPENSION OF WORK AND
TERMINATION
Owner May Suspend Work:
15.1. OWNER may. at any time and without cause, sus-
pend the Work or any ponion .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 Anicles II
and 12.
Owner May TermilUJU:
15.2. Upon the occurrence of anyone or more of the
following events:
15.2.1. if CONTRACTOR cO'llmences a voluntary case
under any chapter of the Bankruptcy Code (Title II. United
States Code), as now or hereafter in effect, or if CON-
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relating to the bankruptcy or
insolvency:
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing. or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvencx:
15.2.3. if CONTRACTOR makes a general assignment
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 appointmenl or authority to take charge
of property of CONTRACTOR is for the purpose of
enforcing a Lien against such property or for the purpose
of general administration of such property for the benefit
of CONTRACTOR's creditors:
.15.2.5. if CONTRACTOR admits in wriling an inabil.
ity 10 pay its debts generally as they become due:
15.2.6. if CONTRACTOR persistently fails to perform
the Work in accordance with the Contract Documenls
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(including. but not limited to. failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to !he progress schedule established under
paragraph.2~9 ~ re'vised f~m time to time):
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15.2.7. if CONTRACTOR disregards Laws or Regu-
lations orany publi: body'havingjurisdiction:
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER: or
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15.2.9. if CONTRACTOR otherwise violates in any
substantial way llIIY provisions of the Contract Docu-
ments;
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OWNER may. after giving CONTRACTOR (and the surety.
if there be one) seven days' written notice and to the extent
permitted by Laws and Regulations. terminate the services
of CONTRACTOR. e:ltclude CONTRACTOR from the site
and take possession of the Work and of all CONTRACTOR's
tools. appliances. COn!itruction equipment and machinery at
the site and use the Sllllle to the full extent they could be used
by CONTRACTOR (\\ithout 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 Contracl: Price exceeds the direct. indirect and
consequential costs of completing the Work (including but
not limited to fees and l:harges of engineers. architects. attor-
neys and other profess'ionals and coun and arbitration costs)
such excess will be piLid to CONTRACTOR. If such costs
exceed such unpaid balance. CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
I 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
I to obtain the lowest pr::ce for the Work performed.
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15.3. Where CONTRACTOR.s services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACfOR then
existing or which may thereafter accrue. Any retention or
payment of .moneys due CONrRACTOR 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
wiJI 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 coun and arbitration costs).
COllll'UlDr May Slop Work or Temrilu1J.-:
15.5. If. through no act or fault of CONTRACTOR. the
Work is 'iuspended for a period of more than ninety days by
OWNER or under an order of coun or other public authority.
or ENGINEER fails to act on any Application for Payment
within thiny days after it is submitted. or OWNER fails for
thiny 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.]
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ARTICLE 16-.-ARBITRATION
16.1 . All claims, disputes and other matters in question between
OWNER and GONTRACTOR arising out of, or relating to, the Contract Docu-
ments. or thl~ breach thereof shall be decided under Georgia Law' in the
Superior'Col~t of Richmond County, Georgia.
(Tho~ remainder of this page was left blank intentionally.)
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(This page was left blank intentionally.)
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ARTICLE 17-MISCELLANEOUS
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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 melnber of the lirm or to an officer of the
corporation for wht)m it is intended. or if delivered at or sent
by registered or cc nified mail. postage prepaid. to the last
business address known to the giver of the notice.
COmpUllllioIl of Tim.r:
17.2.1. When any period of time is referred to in the
Contract Documtmts by days. it will be computed to exclude
the first and include the last day ofsuch 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.
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17.2.2. A call~ndar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
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Gellenzl:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or propeny because of any error. omis-
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sion or act of the other pany or of any of the other pany's
employees or agents or others for whose acts the other pany
is legally liable. claim will be made in writing to the other
pany within a reasonable time of the lirst observance of such
injury or damage. The provisions of this paragraph 17.3 shall
..noLbe 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 obl,igations imposed by these Gen-
eral Conditions and the rights and remedies available here-
under to the panies 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 wiII survive final payment and termination or com-
pletion of the Agreement.
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SUPPLEMENTARY CONDITIONS
1.1 OWNER'S LIABILITY & PROPERTY INSURANCE:
Section 5.5, 5.6, 5.7, 5.8, 5.9, 5.10 of the General
Conditions.shall be amended as follows:
No additional liability or property insurance will be
purchased by Augusta-Richmond County 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
anyon,s 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
subcon"tractors in his own policy.
1.3 SPECIAL HAZARDS:
The Contractor's and his Subcontractor's Liability and
proper1:y 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.
(h) Work within easements granted by property owners in
connection with the construction of the project.
(e) Work in close proximity to existing water lines,
power lines, telephone lines, gas lines, other
utilities and private structures contiguous to the
job site.
SC-1
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1. 4 ~rESTING LABORATORY:
1~11 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
Augus1:a-Richmond County Public Works. There will be no
separate payment for this work.
1.5 ~;URVEYS:
'J~he Contractor will provide surveying for construction
staking, horizontal control and vertical control as necessary.
1.6 PROGRESS PAYMENT:
Section 14.2 of the General Conditions shall be amended as
follo\\rs:
'I'he 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
d.ocumentation warranting that the Owner is receiving
t.he material free and clear of all liens, charges,
security interest and other encumbrances shall be
attached to the payment request.
1. 7 ENGINEER:
All references to "Engineer" shall be interpreted to mean
the AUl:Justa-Richmond County Engineer, or his official designee.
1.8 UNDERGROUND UTILITIES:
(References 4.3, 1.4, 3.2)
The Contractor shall coordinate with all utility companies
through the "one call" method or other appropriate steps to
locate and avoid damage to all utilities that may affect or be
affected by the Contractor's work.
1.9 SAFETY:
(Reference 6.20)
The Contractor shall use certified flagmen, barricades and
signs as necessary to notify the public, in particular those
persons driving in the vicinity of the project, of the
construction and its affect on traffic.
SC-2
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SECTIONP
PROPOSAL
Date:
March 24, 1998
GentIE!men:
In compliance with your invitation for bids dated
March 24 , 19~, the undersigned hereby proposes to furnish
all IStbor, equipment, and materials, and to perform all work
for the installation of streets, and appurtenances referred
to herein as:
Walton Way Reconstruction
E'roject Number: 58-8015-097
in st:::-ict accordance with the Contract Documents and in
consid.eration of the amounts shown on the Bid Schedule
attach.ed hereto and totaling:
One Million, Nine Hundred Seventy nine Thousand, Four Hundred Sixty
Eight ctnd Ten Cents ----------- DOLLARS ($ 1,979,468. 1 0
)
The undersigned hereby agrees that, upon written
acceptance of this bid, he will within 10 days of receipt of
such notice execute a formal contract agreement with the
OWNER, and that he will provide the bond or guarantees
required by the Contract Documents.
The undersigned hereby agrees that, if awarded the
contract, he will commence the work within 10 calendar
days a:cter the date of written notice to proceed, and that he
will c,:)mplete the work within 250 calendar days.
The undersigned acknowledges receipt of the
following addenda:
None
Respectfully Submitted
Beam's Pavement Maintenance Company,
(Name of Firm)
P 0 Box 398 Beech Island, SC 29842
(BUSine~s Addr ss)
By: ----=9
/
Ti tle: Greg Beam, President
Inc.
P-l
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WALTON WAY RECONSTRUCTION
PROJECT NUMBER: 58-8015-097
DETAILED ESTIMATE
.. ...
.... . '.h .:::~...^:::....~.:.~' .':'.. .." ..
150-1000 TRAFFIC CONTROL LUMP 1 ~I:\ nnn n( 35.000.00
171-0010 TEMP SILT FENCE TYPE A LF 500 2.21 1.125.00
I 207-0203 FOUND BKFILL MA TL TP" CY 400 18.0( 7.200.00
230-1000 LUMF SUM CONSTRUCTION* LUMP 1 332.655.0( 332.655.00
310-5100 GR AGGR BASE CRS. 10" INCL MATL SY 12250 8.1 99.837.50
318-3000 AGGF~EGA TE SURFACE
I b02-0133 COU~~SE TON 900 14.0C 12,600.00
RECY ASPH CONC H, GP 2, INCL
BITUM MA TL & H LIME TON 3450 36.8( 126,960.00
11402-0111 RECY ASPH CONC B, GP 1 OR 2, 18,000.00
INCL BITUM A rL & H LIME TON 450 40.0(
402-0120 RECY ASPH CONC BASE, GP 1 OR 2 39.5C
: 1402-1812 INCL BITUM MA TL & H LIME TON 1025 40,487.50
RECY AS PH CONC LEVELING INCL
BITUM MA TL & H LIME ("H" MIX) TON 3350 40.00 134,000.00
_13-1000 BITUM TACK COAT GAL 5500 8t: 4.675.00
32-5010 MILLASPH CONC PAVMENT, VARB SY 47500
DEPTH 2.8C 133,000.00
41-0018 DRIVEWAY CONC. 8" TK SY 2625 24.0C 63.000.00
41-0104 CONC SIDEWALK 4" SY 6550 16.0C 104,800.00
41-4030 CONC VALLEY GUTTER 8" SY 3300 28.5C 94,050.00
~41-5002 CONC HEAD CURB TYPE 2 LF 16800 10.0C 168,000.00
41-6012 CONC CURB & GUTTER 6")(24". TP 2 LF 280 10.0C 2,800.00
44-1000 SA WED JTS IN EXIST PCC PVMTS LF 2800 2.5C 7,000.00
500-9999 CL B CONC BASE OR PVMT WIDEN CY 920 90.0C 82,800.00
50-1120 STORM DRAIN PIPE 12" H 1-10 LF 220 25.0C 5,500.00
50-1150 STORM DRAIN PIPE. 15" H 1-10 LF 200 ?,:;; nr 5,200.00
550-1180 STORM DRAIN PIPE 18" H 1-10 RCP LF 1050 ?7 ?r 28,560.00
50-1240 STORM DRAIN PIPE 24" H 1-10 RCP LF 100 33.0C 3,300.00
73-2006 UNDDR, PIPE INCL DRAIN AGGR 6" LF 1000 9.0e 9,000.00
611-3000 RECONST CATCH BASIN. GP 1 EACH 42 1 ,000. OC 42.000.00
111-3010 RECONST DROP INLET GP 1 EACH 15 1.000.0C 15.000.00
47-1000 TRAFFI8 SIGNAL INSTALLATION #1 LUMP 1 54,763.8C 54,763.80
647-1000 TRAFFIC SIGNAL INSTALLATION #2 LUMP 1 ':;;1 ':;;A7 r:.( 1::1 I::Q7 r:.n
~-1000 TRAFFIC SIGNAL INSTALLATION #3 LUMP 1 54,810.0C 54.810.00
7-1000 TRAFFIC SIGNAL INSTALLATION #4 LUMP 1 60 7~2 .5C 60.742.50
653-0110 THERMOPLASTIC PVMT MARKING
ARROVV TP 1 EACH 2 59 .4( 118.80
3-0120 THERMOPLASTIC PVMT MARKING, 64.8(
I ARRO\N TP 2 EACH 35 2,268.00
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THEf~MOPLASTIC PVMT MARKING,
WOF~D TP 1 EACH 2 74.00 148.00
653-1501 THEHMOPLASTIC SOLID TRAFFIC LF 950
STRIPE 5" WHITE .32 304.00
653-1502 THEHMOPLASTIC SOLID TRAFFIC'
I 653-1704 STRIPE 5"YELLOW LF 16500 .32 5,280.00
THEHMOPLASTIC SOLID TRAFFIC
STRJ.::lE 24" WHITE LF 850 5.70 4,845.00
653-1810 THEHMOPLASTIC SOLID TRAFFIC
STRIPE 10" WHITE LF 1600 4.90 7,840.'00
653-3501 THEFtMOPLASTIC SKIP TRAFFIC, 5"
WHITE LF 16000 .22 3,520.00
653-3502 THEF~MOPLASTIC SKIP TRAFFIC, 5"
YELLOW LF 11500 .22 2,530.00
653-6004 THER.MOPLASTIC TRAF STRIPING, SY 175
WHITE 2.30 402.50
653-6006 THERMOPLASTIC TRAF STRIPING, 230.00
YELLOW SY 100 2.30
654-1001 RAISED PVMT MARKERS, TP 1 EACH 200
YELLOW 4.65 930.00
654-1002 RAISED PVMT MARKERS, TP 2 EACH 220
CLEA~ 4.65 1,023.00
654-1006 RAISED PVMT MARKERS, TP 6 EACH 20
WHITE 195.00
660-0008 SANITARY SEWER PIPE 8" PVC LF 200
660-0010 SANITARY SEWER PIPE 10" PVC LF 1050 29 400.00
668-1100 CA TC~; BASIN GP 1 EACH 12 1 15,600.00
668-2100 DROP INLET GP 1 EACH 6 1 7,200.00
668-3300 SAN SEWER MANHOLE TP 1 EACH 14 1 18 900.00
668-3311 SAN S EWER MANHOLE, TP 1, ADDL 3,300.00
DEPTH CL 1 6'-10' LF 20 165.00
668-4300 STORM SEW MANHOLE TP 1 EACH 18 1 000.00
668-4311 STORM SEW MANHOLE, TP 1, 165.00
ADDL DEPTH CL 1 6'-10' IF 6
668-5000 JUNCTION BOX - EACH 2 1
668-7012 DRAIN INLET 12" EACH 5
700-9100 BLOC~( SOD BERMUDA SY 7400
TOTAL 810 PRICE 1,979,468.10
lUMP SUM CONSTRUCTION includes, but is not limited to the following items:
Removal of driveways ;= 7,667 SY
I Removal of sidewalks:: 5,042 SY
Removal of curb = 9,634 LF
Removal of existing 10" sanitary sewer = 900 LF
Iso see General Note #63 on Plan Sheet 2 of 53
All work not specifically paid as a separate pay item shall be included in Item No. 230-100 Lump Sum Construction.
Ite: Costs for adjusting manholes, valve boxes, grates. etc. shall be included in price bid for asphaltic concrete items.
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Hard Surface
Public Road
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N.S.A. R-2 (1.5'-3.51
eoal'lle Aggre08te
Geolexlne Undertlne,
p
CRUSHED STONE CONSTRUCTION EXIT
TO BE IJSED AS DlftECTtD f1Y THE ENCINEER WHERE CON~UCnoN l1W'fIC IS Et-lTERINC ^ PUBUC PAVED ROAD.
PAy'iAENT TO BE INa.UDED IN PRICE BID FDR LUMP SUU CONSTRUCTlON OR OlliER CON'TlV.CT BID nEMS.
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WALTON WAY RECONSTRUCTION
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
oth'3r miscellaneous structures within the area of
con:;truction. There will be no separate payment for this work
unl,:!ss shown as a separate pay item.
AGGREGAT:e: SURFACE COURSE:
The item aggregate surface course is for use in inclement
weai:her to facilitate the movement of local traffic along
roadway construction and to permit ingress and egress at
drives. When used for this purpose, Section 318, Georgia
Standard Specifications, is modified to permit truck dumping
on unprepared and muddy subgrade. Section 318 is further
modified to permit the use of crusher run stone as described
in Subsection 806.02. The Contractor will have the choice of
the following materials.
Graded Aggregate
Coarse Aggregate Size 467
S1:abilizer 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
heet:. No "as-built" plans will be accepted without the
approval of the Project Inspector. Payment for as-built plans
shall be included in the price bid for other items.
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CASINGS:
All steel casings being installed across any roadway and/or
rig.ht-of-way' shall have the joints continuously welded to
obt.ain a watertight seal. The Contractor shall notify the
Eng"ineer when welds are ready for inspec~ion. .~elde~ casings
backfilled without the Engineer's approval shall be uncovered
for inspection at the Engineer's request.
COMPACTION:
All compaction shall be as defined in the current edition of
Georgia Department of Transportation Specifications. Special
attention shall be given to the backfill of minor structures
(pipe, box culverts, manholes, catch basins, drop inlets,
etc.). Compaction shall be achieved using approved tamps and
soil layers of approximately 6 inches (loose measure) and in
accordance with Georgia Department of Transportation Standards
1030-D and 1401. Backfilling operations of this nature shall
not begin until the Contractor has on hand all equipment in
good working condition, and competent operators.
The backfilling of pipe and other minor structures shall be in
accordance with Georgia Department of Transportation Standard
Specifications, Current Edition. Backfilling with sand using
jet'ting and/or flooding will not be allowed in any case
wit:hout the written permission of the Engineer.
CONCRETE:
The Contractor shall have a slump cone on the project at all
timl~s 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.
Conl::rete not meeting these requirements will be rejected by
the Engineer.
CONSTRuc~rION :
Transition ties of proposed curb and gutter to existing curbs
(valley gutter, granite curb, header curb, etc.) shall be paid
for in the unit price bid for curb and gutter.
At locations. where new pavement is to be placed adjacent to
exif;ting pavement without an overlay or where curbing is to be
plac:ed across paved parking lots, a joint shall be sawed on a
linH to ensure pavement removal to be neat. Only those joints
sawE~d in concrete pavement will be paid for under the pay
iten-Sawed Joints...Per Linear Foot.
Where curb and gutter is used and the shoulder elevations are
higher than adjacent ground, the actual direction of drainage
runoff shall be determined by the Contractor. He shall make
such provisions as necessary to ensure that no ponding is
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caused by the new construction. He may place additional fill
to provide drain inlets. Compensation will be under the price
bid for the appropriate pay item. Driveway profiles may also
be.altered allowing the concrete pad to slope down outside the
bac:k of the curb line not to exceed an algebraic difference of
0.07. This should be used primarily on the high side of
superelevated curves. The Contractor should use caution with
sta.ndard variance and place. special emphasis on hydraulic
considerations.
Whe:re curb and gutter is to be built on the high side of
superelevated curves the gutter slope shall match the roadway
slclpe or superelevation rate.
The. Contractor shall provide borrow and/or waste pits for this
project. All pits acquired for use on this project shall be
reclaimed in accordance with Subsection 107.23 and Section 160
of the Standard Specifications.
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.
Cut and fill slopes outside of clear Z9nes may be adjusted on
construction where necessary to remain within the right of
way.
Curb cuts ramps in accordance with Standard 9031-W are to be
used at all street intersections on this project.
CONSTRucrION 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 Southern Partners @ 855-6000.
DESIGN ALTERATIONS:
The Commission-Council recognizes that various changes in
design may be made as the project progresses. Any requests
for additional payment will be processed based on actual work
in place and the unit prices submitted as a part of this bid.
Ite~s not covered in this bid shall be priced separately and
no work shall be done on these items until approved, in
wri.ting, by the Engineer.
DRIVEWAYS:
The item aggregate surface course is for use as surface for
unpaved drives and for use in inclement weather to facilitate
the movement of local traffic along roadway construction and
to permit ingress and egress at drives. When used for this
purpose, Section 318, Georgia Standard Specifications is
modified to permit truck dumping on unprepared and muddy
subgrade. Section 318 is further modified to permit the use
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of crusher run stone as described in Subsection 806.02. The
Contractor will have the choi,ce of the fOllowing materials:
Graded Aggregate
Coarse Aggregate Size 467
Stabilizer Aggregate Type 1 or 2
Crushed Stone
Subsection 815.01
Subsection 800.01
Sect.ion 803 .
Subsection 806.02
All materials to be used as directed by the Engineer.
All driveways that are to be reconstructed shall be replaced
in kind i.e., asphalt for asphalt, concrete for concrete, and
ag9regate surface courses for earth. The driveway locations
indicated on the plans are from the best available data. The
Contractor shall obtain the approval of the Engineer prior to
making any revisions such as to location, width, and/or number
of drives to be constructed where required. The drives shall
be paved as follows:
Asphalt Drives
Residential:
1 1/2" Asphaltic Concrete "E"
3" Asphaltic Concrete Base
Commercial:
Concrete Drives
1 1/2" Asphaltic Concrete "E"
2" Asphaltic Concrete "B"
3" Asphaltic Concrete Base
Residential: 6" Valley Gutter
Commercial:
8" Valley Gutter
Earth Drives
2" Aggregate Surface Course
(Spread on the surface and not mixed in.)
Ingress and egress shall be maintained at all times to
adjacent properties, unless otherwise noted in the plans.
All valley gutter drives shall conform to Standard 6050 or
9031-J.
EROSION AND SEDIMENT CONTROL:
The Contractor shall be responsible for all soil erosion and
sediment control practices. All on-site erosion control shall
comply with local Augusta-Richmond County erosion and sediment
control ordinances. The cost of this work shall be included
in the cost of the project unless shown as a separate pay
i te:m .
EXCESS MJ\.TERIAL:
All excess material is to be disposed of as directed by the
Engineer or as noted in Subsection 107.23 of the
Specifications.
FENCE:
All new fence called for on the plans and/or contract
documents shall meet the requirements of Section 643 of the
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Gecrgia Department of Transportation Standard Specifications,
current edition. New fence not meeting these Specs will be
rejected.
In contracts where remove and reset fence items are involved
(either as pay items or as Lump Sum Construction) all
replacement fence shall be equal to or better than the
existing fence as approved by the Engineer. This.means equal
to or better than the original fe.nce at the time of it's
installation.
In accordance with Subsection 643. 03D the Contractor must
furnish positive locking devices, padlocks and keys with all
gate assemblies.
FINISHING AND DRESSING:
All unpaved and natural areas which are disturbed by the
construction of this project are to be returned to the pre-
existing shape and slope and then finished and dressed. No
separate payment will be made for grassing, fertilizing and
mulching of disturbed areas, unless specifically shown as a
pay item.
FLAGGING:
Flaggers shall be provided as required to handle traffic, as
spe.::ified in the Plans or Special Provisions, and as required
by .the Eng ineer .
All flaggers shall meet the requirement of P?rt 6F of the
MUTeD and must have received training and a certificate upon
completion of the training from a Department approved training
prol;Jram. Failure to provide certified flaggers as required
above shall be reason for the Engineer suspending work
inv,:>lving 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
havl~ 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.
Signs for flagger traffic control shall be placed in advance
of .the flagging operation in accordance with the MUTCD. In
add:Ltion to the signs required by the MUTCD, signs at regular
intervals, warning of the presence of the flagger shall be
plac:::ed beyond the point where traffic can reasonably be
expc~cted to stop under the most severe conditions for that
day"s work.
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FOUNDATION BACKFILL MATERIAL, TYPE I:
Foundation Backfill Material Type I shall conform to Georgia
Sta.ndard 1030-0 and section 207 of the Standard
Spe:cifications. No separate payment will be made for this
mat,erial or its placement.
FOUNDATION BACKFILL MATERIAL, TYPE II:
Foundation Backfill Material, Type II shall conform to Georgia
Standard 1030-0 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-C or as directed by the
Engineer. Payment shall be per cubic yard unless otherwise
specified in. the contract.
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
wha.tever 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
inv,estigation of proj ect condi tions, the Contractor may
req\lest negotiation for payment for excavation of this nature
in areas where the depth exceeds three (3) feet below
sub~rade. The Owner will consider negotiation only when this
typ1e of removal is excessive and the Contractor provides
evidence that he thoroughly investigated project conditions
pric)r to entering his bid. Only those quantities in excess of
thrl~e (3) feet below finished subgrade and/or normal
excavation for drainage structures, ordered by the Engineer,
will be considered for payment.
GRASSING AND EROSION CONTROL:
The Contractor shall bid on grassing, lump sum, and it shall
be his responsibility to determine the actual area to be
grassed. No claims will be considered for extra compensation
if .the Contractor relies on plan information to prepare his
bid..
All slope areas are to be grassed unless shown otherwise on
plans. Temporary grass is required if permanent grass season
is out.
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The Contractor shall be responsible for all soil erosion and
sediment control practices including Temporary Grassing,
Temporary Mulch and other temporary measures. All on-site
erosion control shall comply with local erosion and sediment
control ordinances. The cost of this work sha'll be included
in the cost of the project unless shown as a separate pay
i te:m .
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
mul.ching of disturbed areas, unless specifically shown as a
pay item.
Dis.::ontinued roads or other areas inside or outside the
proj ect construction limits, but wi thin the existing or
required right-of-way, shall be obliterated and restored as
nearly as possible to the original contour of the ground (See
Sec.t:ion 205 of the Standard Specifications). No separate
pa~nent will be made for this work.
Whei::-e item number 700-6001 is shown as a pay item Georgia
Department of Transportation Specifications are modified to
provide that the lump sum price bid shall be full payment for
all fertilizer, lime and nitrogen. No separate measurement
for payment will be made for any work or materials required to
accomplish a stand of permanent. grass.
INFESTATION:
The entire project is considered to be within the limits of an
insE~ct 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.
INSPECTION:
ThiB proj ect will be inspected by the Engineer or his
Representative.
LEVELING ::
Leveling shall be placed at the locations and in amounts as
approved by the Engineer or his Representative. Measurement
and payment shall be made in accordance with the Standard
Spec:ifications on a unit price basis. The quantities included
in the schedule of items are approximate and subject to
change. All changes will be made at the unit prices, as bid.
In areas where crown improvement, widening, curbs and/or gutters is
required, any required asphaltic concrete leveling shall be placed
prior to the above items being constructed unless otherwise
authorized by the Engineer. As a minimum 3-point levels shall be
taken unless otherwise directed by the Engineer.
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MILLING:
Consists of milling existing asphaltic concrete pavement in
curb and gutter sections to restore drainage, riding
chclracteristics and a reasonable pavement crown. This work
shall be kept to a bare minimum by continuing consultation
wit:h the Engineer or his Representative. Area and depths to
be milled shall be agreed' on by the Contractor and the
Engineer or his Representative.
MISCELLl~EOUS 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
pa}~ent for additional depth unless specifically shown as a
pa~l' item. NOTE: All Catch Basins, Drop Inlets, Manholes,
exposed Junction Boxes, etc. with concrete. tops labs shall
inc:lude manhole rings and covers.
PATCHING AND REPAIR OF MINOR DEFECTS:
Whe!re 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 INSTALLATION:
1. Payment for pipe culvert or utility installation includes
sawing and/or cutting and removing existing pavement and
replacing the pavement as specified in accordance with
Standard 1401-
2. Payment for pipe culvert includes plugging existing pipe
with Class "A" or "B" concrete (See Georgia Standard
9031-1.).
3. Payment for pipe culvert includes any required concrete
collars (See Georgia standard 9031-U).
PIPE CULVERTS:
Unless otherwise noted, all cross drain, longitudinal and stub
pipe are to be reinforced concrete.
All required pipe culverts shall be in accordance with
Standard 1030-0.
Foundation Backfill Material Type I shall conform to Georgia
Standard 1030-0. No separate pay item will be made for this
material or its placement.
Payment for pipe culvert or utility installation includes
sawing and/or cutting and removing existing pavement 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.
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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
st:ructure excavation.
PRECAST CONCRETE UNITS:
Prl:!cast 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
relnoved from the proj ect .
REMOVAL AND RESETTING OF ORNAMENTAL SHRUBS AND BUSHES AND SOD:
It shall be the Contractor's responsibility to remove and
ref;et any and all existing ornamental shrubs and bushes and
sod in conflict with proposed construction. Coordination with
thE! property owners is essential in this endeavor. The
Contractor will not be held responsible for care and
maintenance after removing and resetting these plants and sod
exc:ept in cases where the Contractor's equipment causes
irreparable damage or where plants and/ or sod dies as the
reemlt of negligence on the Contractor's part. In which
cases, the Contractor will be held responsible for
replacement. Sod shall be reset with ground preparation in
accordance with Subsection 700.05.A. No additional soil or
fertilizer is required for resetting sod. The Contractor
shc~ll remove the sod in a manner that will be conducive to
ins:uring that the reset sod will live. At the Contractor's
opt.ion he may replace any sod he removes with 'new sod of the
same type. No separate payment will be made for this work or
replacements.unless specifically shown as a pay item.
REMOVING AND RESETTING OF OBSTRUCTIONS:
It shall be the Contractor's responsibility to remove and
reset any and all obstructions such as fences, signs, concrete
or brick planters, steps, walkways, brick or concrete entrance
columns, etc. which are in conflict with construction and are
responsible for the security of pets and/or personal property
through the use of temporary fence if necessary. No separate
payment will be made for this work except when shown as a
separate pay item.
RIGHT-OF-WAY AND EASEMENTS:
The Contractor shall not perform any work outside the limits
of the right-of-way or easements. In addition, no equipment
or material shall be placed outside these areas without
written permission of both the property owner and the
Engineer.
In the event that the Contractor elects to utilize private
property for'any purpose connected with the project such as,
but not limited to, staging areas, equipment and/or material
storage or simply as a convenience, he shall submit a written
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agreement to the Engineer containing vital information such as
linlits of both area and time the property is to be utilized
and. a description of the intended use. The agreement must be
sig'ned by both the property owner and the Contractor and will
be reviewed and recorded by the Engineer. Such agreements
mus.t be submitted prior to the Contractor's use of the
prc'perty.
SALVAGE~.BLE MATERIALS:
As directed by the Engineer or his Representative, all
salvageable materials, such as drainage pipe, which require
rem.oving but are not to be used on this proj ect, are to be
cleaned and stored within the right-of-way by the Contractor.
These materials shall be picked up and transported by Augusta-
Richmond County forces. The Contractor is responsible and
shall make restitution to Augusta-Richmond County for
materials damaged through his negligence.
SAW CUTS:
When matching existing conditions, saw cuts shall be used as
required by Augusta-Richmond County. Only saw cuts in
Portland Cement Concrete which are shown as contract pay items
will be paid for separately. No saw cuts in asphaltic
concrete will be paid for separately.
SHOULDER WORK:
All necessary cleaning of the existing pavement including
clipping of shoulders required prior to resurfacing shall be
the responsibility of the Contractor. The material displaced
shall be removed, lowered or spread over the shoulder to an
elevation and slope which will provide adequate drainage. The
cost of such work shall be included in the prices bid for
othl~r items
SPECIFICATIONS, STANDARDS AND OTHER DATA:
All references in this document, which includes all papers,
writ.ings, 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 mean, and shall be deemed to
mean, Augusta-Richmond County, Augusta-Richmond County
cownission-c~uncil 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
notHs or in any other matter, are based upon field
invHstigations 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
accHpted 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
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Department of Transportation, current edition, which will be
part of this contract.
This project is based on and shall be constructed in
acc:ordance with the state of Georgia Department of
Transportation standard Specifications for Construction of
Roads and Bridges, current Edition and any supplements
thE!reto. All of these specifications shall be considered as
thclUgh fully contained herein. In cases where conflicts arise
wit:hin these specifications, they will be revised to resolve
suc:h co~flict. Until the conflict is resolved, the
int:erpretation of the Engineer shall control the situation.
Thi.s project shall be constructed in accordance with current
Georgia Department of Transportation Roadway Standards and
Construction Details.
STORM DF~IN PIPE:
Unless otherwise noted, all storm drain, longitudinal and stub
pipe are to be reinforced concrete.
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 Preconstruct ion
Conference. However, no work shall be done on this project by
a Subcontractor until the Contractor receive 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.
SUPERELEVATION:
All horizontal circular curves are to be superelevated in
accordance with Georgia Standard 9028-C as directed by the
Engineer.
TESTING OF THE WORK:
The Contractor shall employ a qualified materials testing
laboratory to monitor more fully the quality of materials and
work and to perform such tests as may be required under the
contract documents as conditions for acceptance of materials
and work. THE ENGINEER MAY ORDER TESTING AT ANY TIME HE DEEMS
PROPER TO CONTROL THE QUALITY OF THE WORK.
Cono:::rete compressive strength
project (see Section 500 of
Transportation Specifications).
where necessary.
tests are required on this
the Georgia Department of
Other tests may be required
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.
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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
gre!ater, 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
thi.ckness, additional cores, as determined by the Engineer and
at locations of the Engineer's choosing, shall be cut to
det.ermine 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 subgrade shall be test
rolled on six feet centers using a loaded dump truck or other
equipment approved by the Engineer.
TRAFFIC CONTROL:
The Contractor shall provide construction signs in accordance
with requirements of "Manual on Uniform Traffic Control
Devices for Streets and Highways", current edition with added
supplements and special provisions.
The attention of the Contractor is specifically directed to
Subsection 107.09 of the Standard Specifications regarding
barricades, danger, warning, and detour signs.
All temporary signs, barricades, flashing lights, striping and
any other traffic control devices required during construction
of 1:his project shall meet all requirements of the M.U.T.C.D.,
cur:rent edition, as directed by the Engineer and furnished by
the Contractor with payment in accordance with Section 150.
The Contractor shall so conduct his operations that there will
be cl minimum of interference with, or interruption of, traffic
on ':he 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
timE~s 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
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TRAFFIC CONTROL:
The Contractor shall provide construction signs in accordance
with requirements of "Manual on Uniform Traffic Control
Devices for Streets and Highways", current edition with added
supplements and special provisions.
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The attention of the Contractor is specifically directed to
Subsection 107.09 of the Standard Specifications regarding
barricades, danger, warning, and detours 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.e.D.,
current edition, as directed by the Engineer and be. furnished...
by .the Contractor with payment in accordance with section 150.
All traffic signs shown are minimum. other signs may be
required by the Engineer with payment included under the
appropriate items.
All temporary traffic control devices are to be placed in
accordance with Georgia Department of Transportation Standards
and Specifications.
The Contractor shall so conduct his operations that there will
be a. minimum of interference with, or interruption of, traffic
upon and along the highway. This applies to the ini tial
ins1:allation 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
Engi.neer. As a minimum, the Contractor must comply with the
Manual on Uniform Traffic Control Devices, current edition and
Georgia Standard 9102.
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.
THE FOLLO'W'ING UTILITY COMPANIES SHALL BE NOTIFIED BEFORE WORK BEGINS:
Geor9'ia Power Company
Post Office Box 488
Augusta, Georgia 30904
Telephone (706)724-0892
Attention: Parker Land
Georgia Natural Gas Company
Post Office Box 1426
Augusta, Georgia 30913
Telephone (706)722-7791
Bell South
3841 Wrightsboro Road
Augusta, Georgia 30909
Telephone (706) 828-8500
Attention: Bert Neese
Jones Intercable, Inc.
1424 Monte Sano Avenue
Augusta, Georgia 30904
Telephone (706)736-6515
Urban Services Water & Sewer
2760 Peach Orchard Road
Augusta, Georgia 30906
Telephone (706)796-5000
Jefferson E.M.C.
Post Office Box 157
Hephzibah, Georgia 30815
Telephone (706)592-4531
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UTILITIES:
All utility facilities which are in conflict with
construction, not covered as specific items in the detailed
est.imate, a;re 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"
uti.li ty structures will be. . located as near as possible to the
rig"ht-of-way line.
The. Contractor will not be paid for
expense caused by utility facilities,
oth.er items not being removed or
con.struction in advance of his work.
any delays or extra
obstructions or any
relocated to clear
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 project:
NAME OF UTILITY OWNER
TYPE OF FACILITY
Georgia Power Company
Georgia Natural Gas Company
Jon.as Cable T. V.
Bell South
Augusta-Richmond Co. Water
and Sewer
Power
Gas
Cable
Telephone
Water, Sewer
The Contractor shall use the one-call center telephone number
1-800-282-7411 for the purposes of coordinating the marking of
undl~rground utili ties.
The Contractor's attention is directed to the probability of
encountering' private utility installations consisting of
sanitary sewers, water, sprinkler systems, ornamental light
sys1:ems, gas and underground telephone cables that either are
obs1:ructions to the prosecution of the work and need to be
movl~d out of the way or, if not, must be properly protected
during construction. No separate payment will be made for
thi:; work. Public utilities of this nature will be handled by
the utility owner.
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UTILITY ACCOMMODATION POLICY:
In so far as possible work shall be scheduled so that
open excavations will not be left overnight. Where trenches,
pit:; 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
dirE~cted 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.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 1SD-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 followiT&6:
For this prqject, aD references to flags on construction warning signs in the Standard ConstTUction Detalls
listed below' are deleted except for signs which are mounted at less than seven (7') feet in height (portable
signs).
Standard ConstTUction 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 ConstTUction Detalls shall conform to Part VI of the MUTCD, Revision 3, dated
September ;3, 1993.
150.02 WO:RK ZONES: Delete 'Work Zones" and substitute: Temporary Traffic Control Zones.
150.02. B.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 aD interim signs shall be constructed to yield upon impact unless the posts are protected
by e:uardrail, portable barrier, impact attenuator or other type of positive barrier protection.
Unprotected posts shall meet the breakaway requirements of the "1985 AASHTO Standard
Spel:ifications for StTUctural 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.
160.03.H. CONSTRUCTION WARNING SIGNS: CONSTRUCTION WARNING SIGNS THAT ARE
REQUIRED TO BE MOUNTED AT SEVEN FEET IN HEIGHT NO LONGER REQtnRE THE USE OF
WARNING :F'LA.GS. .
Delete first sentence of second paragraph and substitute:
Constructiolil 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.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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150.04.E.2.a.2.: &ta.in as written and add: In lane shift areas skip lines are not allowed. Solid lines are
required.
150.04. E.2.tJ .1.: Retain as writUn and add: In lane shift areas skip lines are not allowed. Solid lines are
required.
150.05 . D. TEMPORARY GUARDRAIL ANCHORAGE: Dezm all references to Type 9 and substitute Type
11 (elel/en).
150.10 PAYMENT: Item No. 641- Delete reference to 7)tpe 9 and substitute Type 11 (eleven).
SPECIAL PROVISION
SECTION 150-TRAFFIC CONTROL
June 22, 1994
First Use: July 24, 1994
Modification of Standard Specifications, 1993 Edition
Retain Section 150 as written and add the following:
For this projt!ct, all references in the Standard Construction Details listed below to Type I Barricades,
Type II Bardcades, Type "A" flashing-lights and Type "C" steady bum lights are deleted, except that
Type "C" lights will be required for tapers in nighttime lane closures.
Standard Constrnction Details
. 'J~ica1 By-Pass Detour for Two-Lane Highway .
. 'J~ica1 Detour Across Median
. 'Jnnsition of 4-Lane Divided Highway to 2-Lane Highway
. 'J~c 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, CUlTent Edition
Delete Section 150 as written and substitute the following:
150.01 DESC:RIPTlON: This section as supplemented by the Plans, Specifications, and MUTCD shall be
considered the Traffic Control Plan. Activities shall consist of furnishing, installing, maintaining, and
removing nec:essary traffic signs, barricades, lights, signals, cones, pavement markings and other traffic
control devic!S and shall include flagging and other means for guidance and protection of vehicular and
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
pedestrian traffic through the Work Zone. This Work shall include both maintaining existing devices
(excluding 'l'raffic 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 Unifonn Traffic Control Devices (MUTCD), the MUTeD controls. The 1988 Edition of the
MUTCD and Revision 3, dated September, 1993, of Part VI shall be in effect for the duration of the
project.
A. The Contractor shall designate a qualified individual as the Worksite Traffic Control Supervisor
(WTCS) who shall be responsible for selecting, installing and maintaining all traffic control devices
in accol'dance with the Plans, Specifications, Special Provisions and the MUTCD. This individual's
traffic control responsibilities shall have priority over all other assigned duties.
As the lrepresentative of the Contractor, the WTCS shall have full authority to act on behalf of the
Contrad.or in administering the Traffic Control Plan. The WTCS shall have appropriate training in
safe tra:ffic control practices in accordance with Part VI of the MUTeD. In addition to the WTCS all
others IlJaking 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 wrcs shall have a copy of the MUTCD on the job site. Copies of current MUTCD may be
obtained from:
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u.S. Government Printing Office
Superintendent of Documents
Mail Stop: SSOP
Washington, D.C. 20402-9328
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The W'rcs 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 W'ICS shall supervise the initial installation of traffic control devices which will be reviewed by
the Engineer prior to the beginning of construction. Modifications to traffic control devices as required
by sequence of operations or staged construction must be reviewed by the WTCS. The WTCS shall
regularly perfonn inspections to ensure that traffic control is maintained.
B. All traftic control devices used during the construction of a project shall meet the Standards utilized
in the MUTeD, and shall comply with the requirements of these Specifications, Project Plans, and
Special Provisions. Reference is made to Subsections 104.05, 107.07, and 107.09.
C. All reflectorization for construction (black on orange) signs, object markers, and channelization
devices shall meet the requirements of Section 913, Type II or III unless otherwise specified. All other
signs shall meet the requirements of Type I unless otherwise specified.
D. No work shall be started on any project phase until the appropriate traffic control devices have been
placed 'in accordance with Project requirements. Changes to traffic flow shall not commence unless
all labor, materials, and equipment necessary to make the changes are avallable on the Project.
E. The Contractor shall secure the Engineer's approval of the Contractor's proposed plan of operation,
sequent:e of work and methods of providing for the safe passage of vehicular and pedestrian traffic
befo& 9 it is placed in operation. The proposed plan of operation should supplement the approved
traffic control plan. Any major changes to the approved traffic control plan, proposed by the
Cont:rac:t.or, are to be submitted to the Department for approval in accordance with Subsection 104.03
of the Standard Specifications.
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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 MUTeD, Plans, Special Provisions,
and: other signs as required to fif conditions.
s. ThE: method to be used in, and the limits of, the obliteration of conflicting lines and markings.
4. Typ,e, location, and extent of new lines and markings.
5. HOlizontal and vertical alignment and superelevation rates for detours, including cross section
and profile grades along each edge of existing pavement.
6. Drainage details for temporary and.pennanent aligiunents.
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7. Loc.ation, length, and/or spacing of channelization and protective devices (temporary barrier,
guardrail, barricades, etc.)
8. Stal~ing time, duration and date of planned change.
9. For each traffic shift, a paving plan, erection plan, or work site plan, as appropriate, detailing
woikforce, materials, and equipment necessary to accomplish the proposed work. This will be the
minimum resource allocation required in order to start the work.
The ab.)ve 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
designa.ted 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 c:mtrol devices shall be in acceptable condition when first erected on the project and shall be
maintained in accordance with Subsection 104.05 throughout the construction period. All
unacceptable traffic control devices shall be replaced within 24 hours. When not in use, all traffic
control devices shall be removed, placed or covered so as not to be visible to traffic. If traffic control
devices are left in place for more than ten days after completion of the Work, the Department shall
. have the. right to remove such devices, claim possession thereof, and deduct the cost of such removal
from any monies due, or which may become due, the Contractor.
G. The Department reserves the right to restrict construction 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
incleme:nt weather.
150.02 WOI~K lONES:
A. In addition to the other provisions contained herein, work zone traffic control shall be accomplished
using the following means and materials:
1. Portable advance warning signs as required by the contract or meeting the requirements of the
MUrCD and Sub-Section 150.03.
2. PortDle sequential or flashing arrow panels as shown in the Plans or Specifications for use on
Interstate or multi-lane highway lane closure only, shall be a minimum size of 48" high by 96"
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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 or one mile. The minimum
legibility distance is that distance at which the arrow panel can be comprehended by an observer
on a. swmy day, or clear night. Arrow panels shall be equipped with automatic dimming features
ror use during hours of darkness. The arrow panels shall also meet the requirements as shown
in tJle MUTeD. The sequential or flashing arrow panels shall not be used for lane closures on two-
Ian!!, 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 or the MUTeD and Subsection 150.05.
6. Prec:ast concrete barrier meeting the requirements of Section 622.
6. TelIlporary traffic signals meeting the requirements of Section 647.
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7. Pav.ement.marking materials complying with Subsection 150.04.A.
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B. LANE CLOSURES:
1. All :lane closures shall have prior approval of the Engineer. Lane closures that require same
dir8f:tion traffic to be split around the Work Area will not be approved for roadways with posted
speElds of 35 mph or greater, excluding turn lanes.
2. On lnultilane 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
EXI'r 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. Tennination 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 shaD remove aD signs, lane closure markings, and devices immediately when lane
closure work is completed or temporarily suspended ror any length or 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:
L :Placing bridge members or other bridge work.
b. :Placing overhead sign structures.
c. Other work items requiring interroption of traffic.
The Contractor shall provide a uniformed police officer with patrol vehicle and blue flashing light for
each dir!!ction of pacing. The police officer, Engineer, and flaggers at ramps shall be provided with a
radio which will provide continuous contact with the Contractor.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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When J'eady to start the work activity, the police vehicle will pull into the travel lanes and act as a
pilot ve:nicle 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 t'h e police vehicle has passed.
Pilot ve:nicles shall travel at a safe pace speed, desirably not less than 20 mph interstate and 10 mph
non-int.erstate. 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 arelL
Traffic will not be permitted to stop during pacing except in extreme cases as approved by the
Enginenr.
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 Dei:ai1150-A). A portable changeable message sign may be used in lieu of the W-special sign. On
divided ;nighwa,ys this sign shall be double indicated. A worker with a two-way radio shall be posted
at the si,gIl, 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 reflect.orized black on orange, Series "C" letters and border of the size
specified.
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DEPARTMENT OF TRANSPOR.TATION
STATE OF GEOR.GIA
I'tfIE ..- 'UINI. LIon 1111IW'IC SIIIE
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D. The Con.a-actor's trucks and other vehicles shall travel in the direction or normal roadway traffic
unless se:parated by a positive barrier, or when construction activity necessitates otherwise, and shall
not reveJ'Se 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. Emting lltreet lighting shall remain lighted as long as practical and until removal is approved by the
EngineeJ'.
G. Adequatl! temporary lighting shall be provided at all nighttime work sites where workers will be
immediately adjacent to traffic.
H. For their own protection, workers in or adjacent to traffic during nighttime operation shall wear
reftectorized vests.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
t. The pal~king of Contractor's and/or workers personal vehicles within the work area or adjacent to
traffic i:; prohibited.
J. 'l11e Wodaite Traffic Control Supervisor (WTCS) shall monitor the work to ensure that all the rocks,
boulderll, construction debris, stockpiled materials, equipment, tools and other potential hazards are
kept clear of the travel way. These items shall be stored in a location, in so far as practical, where they
will not be subject to a vehicle nmning off the road and striking them.
K. All existing pedestrian walkways shall be maintained. Whenever changes to the worksite necessitate
change!; to existing walkways, temporary walkways shall be provided and maintained, with
appropriate signs as necessary, to allow safe passage of pedestrian traffic.
150.03 SIGINS:
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 reJnain lighted and be maintained by the Contractor.
B. When D(lt 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 aftA!r time charges are stopped or pay items are complete. Subsequent punch-list or other work
to be pelformed shall be accomplished utilizing temporary constnlction 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
ProvisiOI:lS, 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
require[Qents Oegend, letter size, spacing, border, etc.) equal to that of the existing signs, or of
Subsecti:on 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 e:listing special guide sign is in conflict with work to be performed, the Contractor shall remove
the c:onflicting sign and reset it in a new, non-conflicting location which has been approved by the
Engineer.
2. INTERIM SPECIAL GtnDE SIGNS: When it is not possible to utilize existing signs, either in
plac.! or relocated, the Contractor shall furnish, erect, maintain, modify, relocate, and remove new
inte-rim special guide signs in accordance with the Plans or as directed by the Engineer.
3. INTERIM OVERHEAD GtnDE SIGN STRUCTURES: Interim overhead special guide sign
structures are not required to be lighted unless specifically required by the Plans. Iflighting is
req\l:ired the sign shall be lighted as soon as erected and shall remain lighted, during the hours
of d:lTkness, until the interim sign is no longer required. The Contractor shall notify the Power
COlIlpany at least thirty (30) days prior to desiring connection to the power source.
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STATE OF GEORGIA
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4. Thl! installation of new permanent special guide signs and the permanent modification or
resl!tCng of existing special guide signs, when included in the contract, shall be accomplished as
soo:n as practical to minimize the use of interim special guide signs. If lighting is required by the
Plans, all new permanent overhead special guide signs shall be lighted as soon as erected.
5. Interim special guide signs that may be required in addition to, or a replacement for, existing
expressway and freeway (interstate) signs must be designed and fabricated in compliance with
the minimum requirements for guide signing contained in Part 2E "Guide Signs Expressways"
and. Part 2F "Guide Signs Freeways" of the MUTCD, except that the minimum size of all letters
and. numerals in the names of places, streets and highways on all signs shall be 16 inches Series
''E'' initial upper-case and 12 inches lower-case. All interstate shields on these signs shall be 48
inches and 60 inches for two-numeral and three-numeral routes, respectively. Additionally, the
exit. road name or route shield shall be placed on the exit gore sign.
F. MATERIALS - INTERIM SIGNS:
1. POSTS - Posts for all interim signs shall meet the requirements of Section 911 except that 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,
rec)'cled plastics, etc.) shall have a letter of approval from the Office of Materials and Research
for use as interim construction signs before these materials are allowed to be incorporated into
the work. Signs shall be painted to prevent rust if other metals are used in lieu of aluminum.
Plywood blanks or panels will not be permitted.
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G. All existing, interim and new permanent signs shall be installed so as to be completely visible for an
advancl! distance in compliance with the MUTeD. Limbs, brush, construction equipment and
materials shall be kept clear of the driver's line of sight to the signs.
H. Advance warning signs shall be placed ahead of construction in accordance with Part VI of the
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 112 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 (020-1 and 020-2A.) 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 seqlJential 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 sllould be as high as pra\:tical.
J. The portable changeable message sign, when specified, shall be placed ahead of construction activities
and shan meet the requirements of Section 632 and the MUTeD.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
K. The fl8!:hing beacon assembly, when specified, shall be used in coIijunction with construction warning
signs, rllgWatory, or guide signs to inform traffic of special road conditions which require additional
driver attention. The flashing beacon assembly shall be installed in accordance with the requirements
of Section 647.
150.04 PAVEMENT MARKINGS
.
A. Generally, run pattem pavement markings in accordance with Section 652 and in conformance with
Section 3A and 3B, except 3B-3 and 3B-5, of the MUTeD are required on all courses before the
roadway is opened to traffic. No passing zones shall be marked to conform to Section 150.04 E. During
construc:tion and maintenance activities on all highways open to traffic, both existing markings and
markinl:S applied under this Section shall be fully maintained until Final Acceptance. If the pavement
markin&:s are, or become, unsatisfactory in the judgement of the Engineer due to wear, weathering,
or construction activities, they shall be restored immediately. On resurfacing projects pavement
markini:S shall be provided on all surfaces that are placed over existing markings. On widening and
teconst:ruction 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 CRPMs) shall meet the requirements of Section 654. Markings on the final surface course
which 1I1ust be removed shall be a removable type. The Contractor will be permitted to use paint,
thermoplastic, or tape on pavement which is to be overlaid as part of the project, unless otherwise
directed by the Engineer. Partial (skip) reflectorization (i.e. reflectorizing only a portion of a stripe)
will not be allowed.
C. USAGE: The Contractor shall sequence the work in such a manner as to allow the installation of
markinl~s in the final lane configuration at the earliest possible stage.
Inappropriate or conflicting existing pavement markings shall be removed.
When shifting of traffic necessitates removal of centerline, lane lines, or edge lines, all such lines shall
be rem0'1ed prior to, during, or immediately after any change so as to present the least interference
with traffic.
Before sny 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 filr 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 elimiIl.ating 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 onl" 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 conflicting markings is not allowed, the markings no longer
applicable shall be removed in accordance with Subsection 656.02. The elimination of conflicting
pavemellt markings by overpainting with paint or liq\a:d asphalt is not acceptable.
D. Raised Ilavement 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 or final
surface and is open to traffic, one calendar day is allowed for cleaning and drying before the
installat:ion of RPMs is required.
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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 (RPMs) shall be
pl8.t:ed and/or maintained on intermediate pavement surfaces opened to traffic as follows:
L 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
paVI!ment surfaces as follows:
L ,SUPPLEMENTING LANE LINES AND SOLID LINES:
.&0 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:
.&0 foot centers (one each beside each line> except on lane shifts. (When required in the Plans
I)r Contract.)
:!O foot centers on lane shifts. (Required in all cases.)
]:lPMs are ngt allowed on right edge lines.
E. EXCEPll0NS FOR INTERIM MARKINGS: Some exceptions to the time of placement and pattem
ofmarkil1gS are permitted as noted below, however, full pattem pavement markings are required for
the COml)leted project.
1. TWO-LANE, TWO-WAY ROADWAYS
L SKIP LINES: AD interim skip (broken) stripe shall conform to Section 652 except that stripes
I:hall 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 shin areas
I:kip lines will not be allowed. Solid Lines will be required. Interim skip lines will be
I)ermitted for a period not to exceed 14 calendar days. Interim skip lines must be replaced
,rith markings in full compliance with Section 652 prior to expiration of the 14 calendar day
I,eriod.
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DEPARTMENr 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 four feet distance will be required. No separate payment will
be made if the interim raised pavement markers are substituted Cor interim skip lines.
Interim raised pavement markers shall be retro-reflective, shall be the same color as the
pavement markers for which they are substituted, and shall be visible during daytime.
The type of interim marker and method of attachment to the pavement must be approved by
the Office of Materials and Research but in no case will the markers be attached by the use
of nails.
The interim raised pavement markers must be maintained until the full pattern pavement
markings are applied. At the time full pattern pavement markings are applied the interim
raised markeTS 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 112 mile within each no-passing zone. A post or
portable mounted PASS WITH CARE regulatory sign (R4-1 24" x 30") shall be placed at the
end of each no-passing zone. Post mounted signs shall be placed in accordance with the
MUTCD. Portable signs must have a minimum vertical height of three feet above the
pavement surface to the bottom of the sign and be secured in such a manner as to not be
easily blown over or misaligned.
c. EDGELINES:
(1) Bituminous Surface Treatment Paving: Edgelines will not be required on intermediate
surfaces (including asphaltic concrete leveling for bituminous surface treatment paving) that
are in use for a period of less than 60 calendar days except at bridge approaches, on lane
tTansitions,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) AD Other Types of Pavement: Edgelines will not be required on intermediate surfaces that
are in use for a period of less than 30 calendar days except at bridge approaches, on lane
tTansitions,lane shifts, and in such other areas as determined by the Engineer. On the final
surface, edgelines must be placed within 14 calendar days of the time that the surface was
placed.
d. MISCELLANEOUS PAVEMENT MARKINGS: School zones, railroads, stopbars, symbols,
words and other similar markings shall be placed on final surfaces conforming to Section 652
within 14 calendar days of completion of the final surface. On intermediate surfaces these
markings will generally not be required unless specified by the Engineer because of special
conditions or when the intermediate surface will be in use for more than 45 calendar days.
2. MULTI-LANE HIGHWAYS - WITH NO PAVED SHOULDER(S) OR PAVED SHOULDER(S)
FOlJR FEET OR LESS
L UNDIVIDED HIGHWAYS (INCLUDES PAVED CENTER TURN LANE)
(1) Centerlines and No-Passing Barrier - Full pattern centerlines and no-passing barriers
shall be restored beCore nightfall.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) Lanelines - Interim skip (broken) stripe as described in Subsection 150.04.E.l.L may be
used for periods not to exceed three calendar days.
(3) Edgelines ... Edgelines shall be placed on intermediate and final surfaces within three
calendar days of obliteration.
b. DMDED HIGHWAYS (GRASS OR RAISED MEDIAN)
(1) Lanelines - Full pattem skip stripe shall be restored before nightfall.
(2) CenterlinelEdgeline - Solid lines shaD be placed on intermediate and final surfaces within
lthree calendar days of obliteration.
c. :Miscellaneous Pavement Markings Same as Subsection 160.04.E.1.d.
3. LIMITED ACCESS ROADWAYS AND ROADWAYS 'WITH PAVED SHOULDERS GREATER
THAN FOUR FEET
L Same as Subsection 150.04.E.2. except as noted in (b) below.
b. H:DGELINES-
(1) Asphaltic Concrete Pavement - Edgelines shall be placed on intermediate and final
~lurfaces prior to opening to traffic.
(2) Portland Cement Concrete Pavement - Edgelines shall be placed on any surface open to
t;raffic no later than one calendar day after work is completed on a section of roadway. All
'lVater 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
marking,s.
Pavement markings shall re-establish No-Passing Zones in the locations and configuration that
existed p'rior to construction. Existing No-Passing Zones shall be clearly identified as to location prior
to const1~ction by staking or erection of DO NOT PASS and PASS WITH CARE signs. On new
location Ilrojects 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. MOBIU: OPERATIONS: When pavement markings (centerlines, lane lines, and edge lines) are
applied in a continuous operation by moving vehicles and equipment, the following minimum
equipme:l1t and warning devices shall be required in addition to the requirements oftbe MUTeD:
1. A les.d vehicle is required for two-way traffic conditions and shall have an approved sequential
or flashing arrow panel mounted so as to be easDy visible to oncoming traffic. A lead vehicle is not
requi.red for low volume ofT-system routes and one-way traffic applications.
2. The "ork vehicle applying markings shall have a sequential or flashing arrow panel mounted on
the rtW'.lfthe 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
direcUy behind the lead vehicle.
3. The work vehicle placing cones shall follow directly behind the work vehicle applying the
markings. The cone work vehicle shall have a sequential or flashing arrow panel mounted on the
rear.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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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
int.!rstate and limited access roadways, the protection vehicle shall be equipped with a truck
mO~l1I1ted attenuator (TMA) that is certified for impacts not less than 45 mph in accordance with
NCHRP 230.
5. All vehicles shall be equipped with the official slow moving vehicle symbol sign and left and right-
sidl! rear mounted flashing yellow lights.
150.05 CH.'NNELlZATION
A. GENEFtAL: Channelization should clearly delineate the travel way through the work zone and alert
drivers and pedestrians to conditions created by work activities in or near the travelway.
Channelization shall be done in accordance with the plans and specifications, the MUTeD, and the
followU:lg requirements.
1. Types of Devices Permitted for Channelization in Construction Work Zones:
a. DRUMS:
(1) DESIGN: Drums shall meet the minimum requirement of the MUTeD and shall be
reflectorized as required in Subsection 150.01.C.
(2) APPLICATION: Drums shall be used as the required channelizing device to delineate the
fu111ength 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. Drums shall be placed the fullleogth 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 00 urban, residential or other streets where the posted speed is 40 mph
or less, the minimum length of the approach transition taper may be computed using the
formula L = WS2/60. Greater taper length shall be used when required for individual
situations.
Drums with steady burning lights, for the length of the taper only, are required if the
condition exists into the night.
(b) LONGITUDINAL CHANNELIZATION: Drums shall be spaced as listed below for
various roadside work conditions except as modified by Subsection 150.06. Spacing shall
be used fOT situations meeting any of the conditions listed as follows:
(1) 50 FOOT SPACING MAXIMUM:
(a) For difference in elevation exceeding two inches.
(b) FOT healed sections no steeper than 4:1 as shown in Subsection 150.06, Detail
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(2) 100 FOOT SPACING MAXIMUM:
(a) For difference in elevation of two inches or less.
(b) Flush areas where equipment or workers are within ten feet of the travel lane.
(3) 200 FOOT SPACING MAXIMUM: Where equipment or workers are more than
ten feet from travel lane. Lateral offset clearance to be four feet from the travel lane.
<a) For paved areas eight feet or greater in width that are paved flush with a
standard width travel lane.
(b) For disturbed shoulder areas not completed to typical section that are flush
to the travel lane and considered a usable shoulder.
When the appropriate signs are posted advising of conditions such as soft or low
shoulder, drums may be removed after shoulders are completed to typical section
and grassed and after guardrail or other safety devices have been installed.
b. VERTICAL PANELS:
(1) DESIGN: All vertical panels shall h.ave a minimum of270 square inches ofretro-reflective
urea facing the traffic and shall meet the requirements of the MUTeD.
(2) APPLICATION: Lane encroachment by the drum on the travel way should permit a
l'eIl"S1;n;'1g lane width often feet. When encroachment reduces the travel way to less than ten
feet, vertical panels shall be used to restore the travel way to ten feet or greater. No other
Ilpplication of vertical panels will be permitted.
c. CONES:
(1) DESIGN: All cones shall be a minimum of28 inches in height regardless of application and
shall meet the requirement of the MUTCD.
(,2) APPLICATION: For longitudinal channelizing only, cones will be permitted for daylight
c:1osures or minor shifts. (Drums are required for all tapers.) The use of cones for nighttime
110rk will not be permitted.
d. E~ARRICADES:
(1) DESIGN: The use of Type I and Type II barricades will not be permitted. Type III
l;,arricades shall meet the minimum requirements of the MUTeD and shall be reflectorized
;.s required in Subsection 150.01.C.
(2) APPLICATION: Type III barricades shall be placed as required by the plans, the
Standards, and as directed by the Engineer.
e. WARNING LIGHTS:
(1) DESIGN: All warning lights shall meet the requirements of the MUTeD.
(:2) APPLICATION:
(a) Type A low-intensity flashing lights shall be used as shown in the Plans, the
Standards, and as directed by the Engineer. Flashing lights are not required for advance
warning signs in Subsection 150.03.H.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
(b) Type C Steady-Bum lights shall be used on all tapers when the condition aistI into
the night Steady-bum lights shall also be used as shown in the Plans, the Standards, and
as directed by the Engineer.
f. PORTABLE BARRIERS:
(1) DESIGN: Portable Barriers shall meet the requirements of Section 622 - PRECAST
CONCRETE BARRIER.
(2) 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. DE:SCRlPI'ION: 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 -
StubiIizer Drums with Wine Glass shaped Inner Containers.
3. CONSTRUCTION: Temporary Sand Loaded Attenuator Module installation shall conform to the
recluirements of Subsection 648.03, Manufacturer's recommendations, and Georgia Standard
491)0 and shall be installed at locations designated by the Engineer.
C. PORTABLE IMPACT ATTENUATORS:
1. DE:SCRI PTI ON: 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
TyJpe A Portable Impact Attenuators.
3. CONSTRUCTION: Portable ImpactAttenuator installation shall conform to the requirements of
Su1osection 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. DE:SCRIPl'ION: This work consists of the furnishing, installation, maintenance and removal of
T8Inporary Guardrail Anchorage - Type 11 used for Portable Barrier or temporary guardrail end
treatment.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
2. MATERIALS: Materials used in the Temporary Guardrail Anchorage - Type 11 shall meet the
re'~uirements of Subsection 641.02 of the Standard Specifications and current Georgia Standards
8r.ld 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 EXI::A VATION ADJACENT TO A TRAVEL LANE: Construction work involving trenching adjacent
to a trave'lway shall not begin until the Contractor is able to continuously place the required typical
section to within two inches of the existing pavement elevation, or heal the remaining difference in
elevation to the traveled way as shown in Detail 150-E.
Channeliza.tion devices and placement during the construction period shall conform to the requirements
of Subsection 150.05 and Details 150-B, 150-C, 150-D, and 150-E shown herein.
In additioII to the signs specified in Section 150 and the MUTCD, a W-20 sign with the legend "(LEFT)
(RIGHT) L~ 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 STONI~ BASES, SOIL AGGREGATE BASES,AND SOIL BASES: Drop-offs in elevation of more than
two inc:hes between surfaces carrying, or adjacent to, traffic will not be allowed for more than 24
hours. However, where the Contractor has demonstrated the ability to continuously excavate and
backfill in a proficient manner, a single length of excavated area not to exceed 1000 feet may be leR
open as a start up area for periods not to exceed 48 hours.
B. ASPHALT BASESIBINDERS: Drop-offs in elevation of more than two inches between surfaces
carrying or adjacent to traffic will not be allowed for more than 48 hours.
C. PORTI..AND CEMENT CONCRETE AND CEMENT STABILIZED BASES: Construction work
acijacen.t to the traveled way which involves these types of bases shall be healed within 48 hours after
the culing period is complete for each section placed. During the placement period, traffic control
devices will be in accordance with Subsection 150.05 and Detail 160-B.
D. MISCELLANEOUS EXCAVATIONS OR DROP-OFFS ADJACENT TO TRA VELWAY: Work such as
drainal~e structures, utility facilities, or any other work which results in a drop-off' adjacent to the
travelway shall be performed expeditiously so as to minimize the exposure to the hazard. A3 soon as
practiaJ, the excavation shall be backfilled to the minimum requirements of Detail150-E. In no case
will the droP-Offbe allowed to exist more than five calendar days. This may require stage construction,
such as plating and backfilling the incomplete work.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
NOTEI Drums reQUlr.d for thIs
10CCJtlon.8Poc.d at 50 FT. Int.rvala.
If 1the trovel.d woy wIdth
la ,'educed to ..a. than
10 "f.et by th. us. of dr-um..
ver'tlcol pane'. "'011 be used
In lieu of csruru.
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pW CONSTRUCTION +
LocatIon of drums when
drop-off exceeda .. Incl'lea.
----------\
---_..:_---~---\
TRAVEL LANE
1r-+
DROP-OFF GREATER THAN ~ INCHES
DET AIL 150-8
Drl.lms spaced ot
50 fe.t Intervols.
LocatIon of druma when
dt"op-off la 2+ Inches to
.. Inche..
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NEW CONSTRUCTION
--:.:------'-1.
-----------\
+
TRAVEL LANE
1r-+
DROP-OFF OF 2+ INCHES TO ~ INCHES
DET AIL 150-C
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
D,..um;s spaced at
100 1'eet Inte",vals.
/-
locotlon Df d,..ums when
d,..op-off Is 2 Inches or les..
~f:'::______~_
-----------\
+
TRAVEL LANE
~
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--1 NEW CONSTRUCTION
CDmpac,ted o,..aded
aooreGate.aubbase
mate,..lalo,.. eft,..t.
NO S TEEF)ER THAN ~:I
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DROP-OFF OF 2 INCHES OR LESS
DETAIL 150-0
Locotlon of d,..ums Immediately
afte'" completion of healed section.
spoced at SO ft.lnte,..val..
TOP OF DRUM TO BE LEVEL
2 ft. +/-
----------~&
-----------\
+
TRAVEL LANE
1r-+
'4
1~
NEW CONSTRUCTION
HEALED SECTION
DET AIL 150-E
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
150.07 F:LAGGING AND PILOT CARS:
A. Fl8gJ~ers shall be provided as required to handle traffic, as specified in the Plans or Special Provisions,
and :ilS required by the Engineer. .
B. All flaggers shall meet the requirements of the MUTeD and must have received training and a
certtficate upon completion of the training from a Department approved training program. Failure
to pJ'ovide 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. Fl8gJi:ers shall wear high-visibility clothing in compliance with the MUTeD and shall use a StoplSlow
paddle meeting the requirements of the MUTeD for controlling traffic. The Stop/Slow paddles shall
have a shaft 1engtl1 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 ~lhall have reflectorized stripes on front and back.
D. Pilot '7ehicles shall be provided if specified in the Plans or Specifications and meet the requirements
of the. MUTeD.
E. Signs for flagger traffic control shall be placed in advance of the flagging operation in accordance with
the MUTeD. In addition to the signs required by the MUTeD, signs at regular intervals, warning of
the presence of the flagger shall be placed beyond the point where traffic can reasonably be expected
to sto:p 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 conl:rol 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 (TRAli'FIC 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 deduc1;ions for non-performance of traffic control.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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SCHEDULE OF DEDUCTIONS FOR EACH CALENDAR DAY OF DEFICIENCIES OF
TRAFFIC CONTROL INSTALLATION ANDIOR MAINTENANCE
ORIGINAl TOTAL CONTRACT AMOUNT
From More Than To and Inc1udin2 Daily Char~e
$0 $100.000 $100
100,000 1,000,000 250
1,000,000 5,000,000 500
5,000,000 20,000,000 750
20,000,000 40,000,000 1,000
40,000,000 - 1,500
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150.09 ME:ASUREMENT:
A. TRAF'F'IC CONTROL: When listed as a pay item in the Proposal, payment will be made at the Lump
Sum pJice bid, which will include all traffic control not paid for separately, and will be paid as follows:
When ~he first Construction Report is submitted, a payment of 25 (twenty-five) percent of the
Lump Sum price will be made. For each progress payment thereafter, the total of the Project
percent: complete shown on the last pay statement plus 25 (twenty-five) percent will be paid Oess
previous payments), not to exceed one hundred (100) percent and s'.1bject to normal retainage.
When no payment item for Traffic Control-Lump Sum is shown in the Proposal, all of the
require:ments 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 bl!low. 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. Inulrim ground mounted or interim overhead special guide signs will be measured for payment
by the square foot. This payment shall be full compensation for fumishing the signs, including
sup:ports 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 nloves required.
2. Reulove and reset existing special guide signs, ground mount or overhead, complete, in place, will
be 1I1easured for payment per each. Payment will be m.ade only one time regardless of the number
or IJ:l0ves required.
3. Modify special guide signs, ground mount or overhead, will be measured for payment by the
squllre foot. The area measured shall include only that portion of the sign modified. Payment shall
inclllde materials, removal from posts or supports when necessary, and remounting as required.
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
C. PRECAST MEDIAN BARRIER: Precast Median Barrier will be measured as specified in Section 622.
D. CHANGEABLE MESSAGE SIGN, PORTABLE: Changeable Message Sign, Portable will be measured
as specified in Section 632.
E. TEMPORARY GUARDRAlLANCHORAGE, Type 11: Temporary Guardrail Anchorage - Type 11 will
be me:lSUl'ed 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 OJnnection to Temporary Concrete Barrier. Payment shall include all necessary materials,
equipJnent, labor, site preparation, maintenance and removal.
F. TRAF.~C SIGNAL INSTALLATION - TEMPORARY: Traffic Signal Installation - Temporary will be
meastlred as specified in Section 647.
G. FLASHING BEACON ASSEMBLY: Flashing Beacon Assemblies will be measured as specified in
Sectio:n 647. '
H. TEMPORARY, SAND LOADED ATrENUATOR MODULES: Each Sand Loaded Attenuator Module
of the type specified includes all material components, hardware, incidentals, labor, site preparation
and maintenance. Each module will be measured for payment by the drum only once regardless of the
number oflocations installed. Modules to replace those damaged or destroyed by traffic impact will
also b,e measured by the unit for payment. Upon completion of the project, the modules shall be
remond and retained by the Contractor.
I. PORTABLE IMPACT ATTENUATORS: Each Portable Impact Attenuator will be measured by the
unit which shall include all material components, hardware, incidentals, labor, site preparation, and
maintE:nance, 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
requiTE!d, 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 160.
150.10 PAYMENT:
When shoun in the Schedule orItems in the Proposal, the following items will be paid for separately.
Item No. 1.50. Traffic Control. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Lump Sum
Item No. 1150. Traffic Control, Solid Traffic Stripe _ Inch, (Color) ............. per Linear MUe
Item No. 11iO. Traffic Control, Skip Traffic Stripe_ Inch, (Color) .............. per Linear Mile
Item No. 1/50. Traffic Control, Solid Traffic Stripe,
Thermoplastic Inch, (Color) ........................... per Linear Mile
Item No. 11iO. Traffic Control, Skip Traffic Stripe,
Thermoplastic Inch, (Color) ........................... per Linear Mile
Item No. Ilia. Traffic Control, Pavement Arrow with Raised Reflectors ................. per Each
Item No. ISO. Traffic Control, Raised Pavement Markers - All Types . . . . . . . . . . . . . . . . . .. per Each
Item No. Ilia. Interim Ground Mounted Special Guide Signs.................... per Square Foot
Item No. 11iO. Interim Overhead Special Guide Signs .......................... per Square Foot
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
Item No. 150. Remove & Reset Existing Special Guide Signs,
Ground Mount, Complete in Place. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. per Each
Item No. 150. Remove & Reset, Existing Special Guide Signs,
Overhead,Complete in Place ..................................... Per Each
Item No. 150. Traffic Control, Temporary Sand Loaded Attenuator Modules ............ per Each
Item No. 1150. Traffic Control, Portable Impact Attenuator . . . .. . . . . .. . . . . . . . . . . . . . . . .. Per Each
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Item No. 11;0. Traffic Control, Pavement Markers, Words and Symbols ........... per Square Foot
Item No. IliO. Traffic Control, Pavement Arrow <Painted) With Raised Reflectors ........ per Each
Item No. lfiO. Modify Special Guide Sign, Ground Mount. . . . . . . . . . . . . . . . . . . . . .. per Square Foot
. . . . .
Item No. le,O. Modify Special Guide Sign, Overhead ........................... per Square Foot
Item No. 622. Precast Concrete Median Barner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . per Linear Foot
Item No. 632. Changeable Message Sign, Portable .................................. per Each
Item No. 641 Temporary Guardrail Anchorage, Type 11 ............................. per Each
Item No. 647. Traffic Signal Installation, Temp ...................................! Lump Sum
Item No. 647. Flashing Beacon Assembly, Structure Mounted. . . . . . . . . . . . . . . . . . . . . . . .. per Each
Item No. 64'7. Flashing Beacon Assembly, Cable Supported . . ~ . . . . . '.' . . . . . . . . . . . . . . . .. per Each
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISIONS
CONTRACT ID : C31651-98-000-0
1.488 MILES OF MILLING, PLANT MIX RESURFACING, SIDEWALK
CONSTRUCTION AND TRAFFIC SIGNAL INSTALLATION ON WALTON WAY
BEGINNING AT MILLEDGE RD AND EXTENDING TO 15TH ST IN
AUGUSTA.
DATE: 02/06/9E
PAGE: 1
--------------.-----------------------------------------------------------------
SPECIAL PROVISIONS DESCRIPTION
--------------.-----------------------------------------------------------------
106-1-93-SP
7-1-93-SP
8-1-93-SP
9-1-93-SP
152-1-93-SP
1-2-93-SP
0-2-93-SP
402-1-93-SP
10-1-93-SP
8-1-93-SP
. 9-0-00-
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CONTROL OF MATERIALS
LEGAL REGULATIONS {ENVIRONMENTALlCOUNTY/CITY CONTRACTS
WAIVE PROGRESS SCHEDULE
PARTIAL PAYMENT (CITY/COUNTY CONTRACTS)
FIELD LABORATORY BUILDING
SOIL EROSION & SEDIMENTATION (COUNTY/CITY CONTRACTS)
ASPHALTIC CONCRETE (COUNTY CONTRACTS)
RECYCLED' ASPHALTIC CONCRETE (COUNTY CONTRACTS)
ASPHALT CEMENT .
HOT MIX ASPHALTIC CONCRETE MIXTURES
PLANS (J; )
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December 12,1997
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 106 - CONTROL OF MATERIALS
106.03 SAMPLES, TESTS, CITED SPECIFICATIONS: Delete the second paragraph in this
Subsection and substitute the following:
For work performed under Section 400, Hot Mix Asphaltic Concrete Construction, all materials
shall be inspec:ted and tested by the Hot Mix Producer before incorporation into the Work. All
quality contro:! samples shall be taken and tested by the Hot Mix Producer's designated quality
control technil::ian. Such tests shall be performed at the Hot Mix Producer's expense and in
accordance w:ith the methods of tests established by the Department. Copies of all tests
perfonned by the Hot Mix Producer shall be furnished to the Engineer and will become a part of
the project recc)rds.
At the discreticm of the Department, the Hot Mix Producer's quality control tests may be used as
acceptance tests. The Department will maint8:in surveillance of the Hot Mix Producer's Quality
Assurance Acceptance Program and shall take samples and conduct tests as necessary to verify
correctness of the Hot Mix Producer's quality control tests and determine acceptability of
materials and construction. The Hot Mix Producer shall be responsible for the quality of the
construction and materials incorporated therein.
Office of Materials and Research
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Revlslolu Hay 1. 1994
DEPARIMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 107 - LEGAL REGULATIONS AND IESPON~~BILITY TO THE PUBLIC
DELETE SUB-SECtION 107.23 AS WRI~N AND SUBSTITUTE THE FOLLOWING.
107.23 ENVIRONMENTAL CONSIDERATIONS: All environmental considerations' and
clearances shall be the responsibility of the County or municipality to meet.
including th.! requirements of Section 404 of the Clean Yater Act (33 USC 1344).
Aftar July l.. 1991, State funde~ projects must comply ~ith the require'ments
of Chapter 16 of Title 12 of the Official Code of Georgia Annotated, the
Georgia Environmental Policy Act (GEPA), of 1991. In compliance with GEPA,
those projects for which Federal funding is sought, and NEPA compliance :ls
accomplished II are exempt from the requirements of CEPA.
CEPA requires that environmental documentation be accomplished for County
or City projects if more than 50 percent of the total project cost is funded
by a grant of a State Agency or a grant of more than $250,000 is made by the
State Agency to the municipality or County. The "responsible official of
the governmel:\t agency shall determine if a proposed governmental action is
a proposed 8;overn.mental action which may significantly adversely affect the
quality of tile environment".
A. TEE ~OLLOtn:NG PROJECTS llOtJLD NOT SIGNIFICANTLY ADVERSELY AFFECT "1'BE
QUALI'n' OF ~ ENVIRONH!N'r:
Non-land disturbing activities and minor land di~turbing activities
which 1Iould not be anticipated to significantly adversely affect the
quality of the environment include the following list. These types
of projects funded with state money would not be subject to environmental
assessment of any kind. Hearing procedures outlined in GEPA would not
be applicable.
1. Min"r rOad"ay and non-historic bridge projects.
a. Modernization of an existing highway by resurfacing, restoratio~.
rehabilitation, adding shoulders, widening a single lane or
les'8 in each direction, and the addition of a median within
previously disturbed existing right-of-vay.
b. Addtng auxiliary lanes for localized purposes (weaVing, climbing,
speed changes, etc.), and correcting substandard curves and
intersections within previously disturbed existing right-of-
way.
c. Non-historic bridge replacement projects in existing alignment
With no detour bridge. C C _ 3
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2.
L:Lghting, signing, pavement marking, signalization", freeway
surveillance and control systems, and railroad protective ~evlces_
3.
. .
S~lfety projects such as groovlng, glare screen, . safety barrlers,
etlerl1' attenuators, median barriers, etc.
Highway landscaping and landscape modiflcation, rest area projects
and truck weigh stations wl~hin ~r~vlously disturbed existing right-
of way_
Co:nstructlon of bus shelters and bays within' existing r~ght-of-way.
4.
s.
B.
.
Telllporary replacement of a highway facility whlch is co~enced
1mrllediately after the, 'Occurrence of' a natural dba.ster or
cal:astrophic failure to restore the highway for the health, welfare,
and safety of the public. .
THE FOI,LOtmlG PROJECTS MAY NOT SICNIFICANTLY ADVERSELY AFFECT THE QUALITr
OF THE ENVIRONMENT:
6.
I
For prcljects which will cause land disturbance and for which there is
no . anttcipat!on that the project may significantly adversely affect
the qU;ll1ty of the environment, certain studies vill be undertaken.
These ~;tudies vould serve to document whether or not the County or
municip.ality should anticipate that a project might significantly
adversely affect the quality of the environment. Documentation of the
studies wnl be accomplished through he use of the ItCEPA Investigation
Studies" checklist.
The typu of project which would fall under the category vould include:
1.
Bri~ge replacement project on new location or vith a detour bridge,
wget'e there are no s1gnificant adverse impacts to historic or
arcbaeological resources, no involvement with Federally listed
threatened and endangered species and no significant adverse impact
to "'etlands.
2.
Passing lanes, median addit10ns and widening proj'ects, where there
are no significant adverse impacts to historic or archaeological
reSOl.lrces, no involvement vitb Federally listed threatened and
endal:1gered speci.es and no significant adverse impact ~o wetlands.
Safel:y and intersect10n improvements where there are no significant
advel~se impacts to historic. or archaeological resources, no
invol~vement with Federally llsted threatened and endangered species
and tlO significant adverse impact to vetlands.
R.est ar.ea projects and truck weight stations with no purchase of
addit:ional right-of-way.
3.
4.
s.
New location projects where there are no significant adverse impacts
to historic or archaeological resources, no involvement with
Federally listed threatened and endangered species and no significant
adverse impact to wetlands.
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If studies demonstrate that the project viii Dot significantly adversely
affecl~ the quality of the environment. project files will he documented.
,If sC:udies demonstra.te that the project may significantly adversely
affecl: the quality of the environment. development of an enviroamental
effecc:s repoz:t CDI.) viII be undertaken along vith full CEPA compliance.
7:BE I'I)LLOWDIa Pl.O.JEcrs HAY' SIGHUICAH1T.Y ADVERSELY Al'lEcr DE Q1!ALIft
OF 1'B!: EHVII.OmmRr.
This' c:ategory of project may Include major widening and new' location
projects. Il such projects result in a significant .adverse effect.
an EEl. ~hall be prepared.
D.
EER. PRC)CEDUBE:
.
CEPA cillls for consideration of the "cumulative effect of the proposed
governzrlent actions on the environment. .. .if a ~eries of proposed
govern%l:,ent actions are related either geographically or as logical parts
in a c:haln of contemplated actions". -Therefore. EER's for sections
of roadways to be widened or built as new location facUities ",Ul
include all projects which are connected geographically or as logical
parts i:;1 a chain of contemplated actions.
1. Dur:tng preparation of an environmental effect report. the County
or lnunicipa1ity will consult with and solicit Comments from agencies
whic:h have jurisdiction by h.w, special expertise, or ot~er interest
with respect to environmental impacts.
2. In .:ompUance. tdth CEPA the fOllowing shall be contained in the
EER, at a minimum.
a. Cover sheet;
b. Executive summary;
c. Alternatives, including the no-build;
d. Relevant environmental setting; Ceology. solls. vater supply
and wetlands. floral fauna. archaeology/hlsto~. economic
environment. energy. cultural resourcesJ
e. The environmental impact of the proposed acti9n of the relevant
setting and mitigation measures proposed to avoid or minimize
adverse impact;
f. Unavoidable adverse environmental effectsJ
g. Value of 'short-term uses of the environment and maintenance.
and enhancement of its long-te~ value; .
h. Beneficial aspects. both long term and short term and ~t.
economic. advantages and disadvantages.
'.
1. Comlluints of agencies which bave Jurisdiction by law, special
expertise, or other interest witb respect to any environmentacl C-s
impact or resource;
.
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3.
A~ least 4S days prior to,making a decision as to whether to proceed
vlth the undertaking. publish in the "l!!gal organ of each county
ill vhich the proposed governmental action or ~ny part thereof is
tC) occur notice that an enviroamental effects r~port has ~een
pl~epare~" .
4.
The County or municipality shall send a copy of the EEl. and all
ot:her comments to the Dlre~tor. ~~.
s.
.
The 'County or lIlunicipa1:lty shall make the document available to
the.publ~c and agencies.' upon request:
6.
A public hearing vill be' held in each affected county if a least
10,0 residents of the State of Georgia request on. within' 30 days
of publication in the legal organ of an affected cou~ty. Tbe
re:sponsible official or his designee may hold a public hearing if
le:;s than 100 requests are received. (The County. or municipality
is not relieved of other State legal requirements of public hearings.
houever.) -. . _
7.
Fol.1oving the public notice period and/or public hearing a summary
of the document. comments' received and recommendation as to whether
to proceed with the action as originally prepared, to proceed vith
changes, or not to proceed vill be prepared (Notice of Decision).
8.
This decision document. when signed by the responsible qfficial,
vill be sent to the Director, EPD. and an abbreviated notice of
.the. decision v111 be published in the legal organ of each county
in vhich the proposed governmental action or any part thereof is
to Occur.
9.
A ct:)PY of the decision document. the !ER. and public hearing comments
(if any) v111 be 'sent to the DEPARIHENT OF TRANSPORTATION. OFFICE
OF :ENVIRONMENT AND LOCATION and the DEPARTMENT OF NATURAL RESOURSES.
ENV:[RONMENTAL PROTECTION DIVISION for their files.
DEPARtMENT OF TRANSPORTATION
OFFICE OF ENVIRONMENT AND LOCATION
3993 AVIATION CIRCLE
ATLANTA, GEORGIA 30336
DEPARtMENT OF NATURAL R.E:SOtJR.SES
ENVIRONMENTAL PROTECTION DIVISION
20S BUTLER STREET. 5E
. 'SUITE 11S2
ATLANTA,. GEORGIA 30334
Any mitigation'lIu!asures identified in the EEl. vill be incorporated.
into the final project p'lans.
Of~ice of Sta~e Aid
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
FIRST USE 1995 SPECIFICATIONS
JULY 1, 1995
10819S,sP
SECl10N 108 - PROSECUTION AND PROGRESS
FOR THIS PROJECf, THE PROGRESS SCHEDULE REQUIRED BY ARTICLE
108.03, NEED NOT BE SUBMllTED.
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~ 109 - MElISll1lEIIEIIT & PAYHBII'r lcrrric:ooimr ~I
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fl07 PARTIAL PA~~S: Retain as written except as follows:
,ENERAL: Delete "At the end of each calendar month.~---and substitute
the 10th day 0:: each calendar month----.. .
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September 15, 1997'
DEPARDIENT OP TRANSPORTATION
STATE OP GEORGIA
SUPPLEMENTAL SPE~J;CATl:ON
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-i.c~ of State Aid
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December 12,1991
. DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
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SPECIAL PROVISION
SECTION 152 - FIELD LABORATORY BUll.DJNG
152.03 Planlt Laboratory Building: Add the following to requirements for Laboratory
buildings at asphaltic concre~e plants:
ITEM 6: 1 Each - Computer, mM or mM Compatible
- 540 Megabyte Hard Disk Drive (Minimum)
- 3 1/2 inch High Density Floppy Disk Drive
- CD-ROM Drive (4~ Minimum)
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- Wmdows 95 Operating System
- Mouse
- Modem 9600 Baud (Minimum)
- 1 Parallel and 2 Serial Ports
- 16 Megabyte Random Access Memory Expandable to at Least 32
Megabytes
- VGA Monitor
- 486 Microprocessor Operating at 33 Megahertz (Minimum)
ITEM 1: 1 Each - Printer (Desk Jet HP Letter quality printer)
Office of Materials and Research
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DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
FIRST USE 1995 SPECIFICATIONS
JULY 1, 1995
_ . REVISED: NOVE:MBER 6, 1995
161295SP
SECI'lON 161 - CONTROL OF SOIL EROSION AND SEDIMENTATION
RETAIN AS: WRITfEN AND ADD THE FOU.OWING:
IT SHALL:BE THE RESPONSffiILITY OF THE COUNTY OR CITY TO MEET THE
. REQUIREMENTS OF CHAPTER 7 OF TITLE 12 OF THE OFFICIAL CODE OF
GEORGIA J~OTATED, THE EROSION AND SEDIMENTATION ACf OF 1975,
AS CURRENTLY AMENDED. '
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December 12, 1997
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
(For State Aid Contracts Only)
SECTION 400 - HOT MIX ASPHALTIC CONCRETE CONSTRUCTION
400.05.C.4: U:VELING COURSE: Delete second paragraph and substitute the following:
:Mixtures for leveling courses shall meet the requirements of the approved Job Mix Formula as
defined in Subsc::ction 400.06 and all appropriate requirements of Section 828 and will be subject
to Acceptance as stated in Subsection 400.07.A
TABLE 400.05.C.4.a.: PATCHING AND LEVELING: Add the following statement after
Table 400.0S.C.4.a.
Where the surface mix is to be a Sand Asphalt, Sand Asphalt will be allowed for Leveling and/or
Patching in addition to the above mixes. Sand Asphalt will not be allowed as Leveling under
surface treatment, slurry seal, or other asphaltic concrete mixtures.
400.05.D.l. THICKNESS OF LAYERS: Change the :Minimum Layer Thickness for "H" Mix
and "G" Mix in Table 400.0S.D.l as follows:
"0"
MINIMUM LAYER nnCKNESS
7/8" (85 Ibs.lyd.2)
3/4" (80 Ibs.lyd.2)
~,fiX TYPE
"H"
400.05.F.: CO.NSTRUCTION OF CONTROL STRIPS AND DETERMINATION OF
TARGET DEN'SITY: Delete this Subsection and substitute the following:
Construction of control strips will not be required and 96% of Laboratory Density should be used
to control compaction or if job conditions warrant, the Engineer may establish a maximum
practical density.
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For Asphaltic Concrete With a plan spread rate of 125 Ibs.lyds.2 or less, density tests will not be
required. The~;e courses shall be compacted as follows:
1. COMPACTION EQUIPMENT: The compaction equipment must be in good
mec:hanical condition and capable of compacting the mixture. The number, type, size,
operation, and condition of the compaction equipment shall be subject to the approval
of the Engineer. A minimum of the following equipment shall be required:
a. One steel wheel breakdown roller wei~g at least 10 tons or vibratory roller
operating at low amplitude and at a minimum frequency of 47 Hz.
b. One rubber tire roller weighing at least 8 tons or exerting at least 80 lbs.l in.2
contact pressure.
c. One steel wheel finishing roller weighing at least 8 tons or vibratory roller
operating in static mode.
2. ROLLING OPERATION: Rolling shall be started as close behind the spreader as
pos,sible without excessive distortion of the mix and shall be continued until roller
marks are no longer visible. A minimum rolling pattern shall consist of 2 coverages
with the breakdown roller, 6 coverages with the Pneumatic-Tired roller, and 2
coverages with the steel wheel finish roller.
400.0S.G.: MlXTURE NOT REQUIRING CONTROL STRJPS: Delete this Subsection.
400.07. ACCl~PTANCE PLANS: Delete all references to pay adjustments and pay factors. In
addition, Deletl~ 400.07.A, Gradation and Asphalt Cement Content, and substitute the following:
400.07.A HOT MIX PRODUCER ACCREDITATION OF MATERIALS SAMPLING AND
TESTING OF ASPHALTIC CONCRETE: Asphaltic Concrete Mixture shall be randomly
sampled and te:sted by the Hot Mix Producer or Hot Mix Producer's Representative. In addition,
these tests results may be used for Acceptance on a Lot basis. Failure to comply with the
requirements listed herein may subject the plant facility to removal from the list of approved Hot
Mix Asphaltic Concrete Plants (QPL-45).
A Lot shall consist of the number of tons of Asphaltic Concrete produced and placed each
production day; however, if this production is less than 500 tons, or its square yard equivalent, it
may be incorpc'rated in the next working day's production. In the event the final day's production
is insufficient to constitute a Lot, it may be included in the Lot for the previous day's run, or at the
discretion of the Engineer, may be treated as a separate Lot with a corresponding lower number
of tests.
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1. QUALITY CONTROL PROGRAM: This Quality Control Program allows the
Depurtment to accept the Hot Mix Producer's quality control tests as Acceptance
Test:; for Asphaltic Concrete mixtures. The Hot Mix Producer's Quality Control
Program as established in S.O.P. 27, "Quality Assurance for Hot Mix Asphaltic
Conc:rete Plants in Georgia," shall include, but not be limited to:
a. The assignment of all quality control responsibilities to specifically named
illdividuals who have been duly certified by the Office of Materials and Research.
b. Provisions for prompt implementation of control and corrective measures.
c. F'rovisions for liaison with the Project Manager, Bituminous Construction
Engineer and Testing Management Supervisor at all times. The Hot Mix Producer
shall provide at least one day's notice prior to beginning production, or prior to
resuming production if operations have been temporarily suspended.
d. Provisions for reporting daily through Office of Materials and Research computer
Bulletin Board Service (BBS) the test results for extractions, lime checks, and
stripping tests.
Other tests, checks, calibrations, etc. will be reported on a fonn developed by the
Hot Mix Producer and shall become a part of the project records.
The Quality Control Program shall be submitted for approval prior to beginning
the Work.
2. CERTIFICATION REQUIREMENTS: The Office of Materials and Research will
certiJy the Hot Mix Producer's Laboratory and testing equipment to assure that the
equipment to be used is accurate and meets Departmental testing standards.
Labc.ratories which participate in and maintain AASHTO Accreditation for testing
Asphaltic Concrete Mixtures will be acceptable for certification by the Department
prov.ided other contract requirements are met.
The designated Quality Control personnel must be certified by the Office of Materials
and Research prior to commencement of work. There are two certification Levels for
Quality Control Technicians. To become a certified Level 1- Quality Control
Technician (QCT), such persons must be able to demonstrate that they are competent
in performing the process control and acceptance tests and procedures related to Hot
Mix Asphaltic Concrete production. The Level 2-QCT shall, in addition to Level 1
requi,rements, be capable of and responsible for making process control adjustments.
The :Engineer shall be notified in writing of any change in Quality Control personnel.
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The Hot Mix Producer shall have at least one designated QCT person at the plant at
all times except when daily total weight for all mix types is to be greater than 250 tons.
If willy production for all mix types of the plant is 250 tons or less, the QCT may be
responsible for conducting tests at up to two plants, subject to random number
selecmon. In addition, the Hot Mix Producer is also required to have available, either
at the plant site or within immediate contact by phone or radio, a Level 2-QCT person
responsible for making prompt process control adjustments as necessary to correct the
mix.
3. SAMPLING, TESTING AND INSPECTION REQUIREMENTS: Mixtures shall be
randomly sampled according to GOT -73 (Method C) and tested by the QCT on a Lot
basi:;. A copy of the computer generated random sampUng data shall be maintained as
a part of the project records.
The Hot Mix Producer's QCT shall perform all Sampling and Inspection duties in
accc,rdance with GSP-21. All sample containers, extractants, forms, diaries and other
supplies shall be furnished by the Hot Mix Producer and are subject to approval of the
Engneer.
The Hot Mix Producers QCT shall perform extraction or ignition (GOT-83 or GOT-
125) and gradation analysis (GOT -38) of samples of the mixture produced each day
and sampled in accordance with GSP-lS. If the ignition oven is used, a printout of
sample weights shall become a part of the project records.
The Hot Mix Producer shall maintain a Process Control Flow chart for each sieve
specified on the Job Mix Formula 'and including the percent asphalt content. Such
chart should include a graph plot of the deviations from the Job Mix Formula for
each. test as well as the allowable range based on the Mixture Control Tolerances
specified in Section 828.
If atl Acceptance test result is outside Mixture Control Tolerances specified in Section
828, the Level 2-QCT shall detennine if a plant adjustment is needed and immediately
run a Process Control sample. If the Process Control sample is also out of Mixture
Control Tolerances, an immediate plant adjustment shall be required and additional
Proc:ess Control samples shall be taken as necessary to assure the corrective action
taken was appropriate to control the mix.
If the Hot Mix Producer's QCT obtains 2 consecutive Acceptance samples out of the
Mix1l1re Control Tolerances specified in Section 828,' production shall stop
immediately and the problem with mixture control will be investigated and corrected
by the Hot Mix Producer's Level 2-QCT personnel prior to restarting production.
The QCT shall measure the temperature of the mixture and record the results on the
load ticket each time a sample is taken. This will be required for all mixes except
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Asphaltic Concrete "OGFC", or "Porous European Mix" mix. where the temperature
shall, be measured and the results recorded at least once for each hour of production.
The respective load ticket shall also be signed by the QCT for each load from which a
sample is taken.
Whe:n hydrated lime is to be included in the mixture, calibration of the lime system
shall, be checked for accuracy a minimum of twice weekly during production and the
results of these calibration checks shall be posted at the plant for review. Additionally,
records of materials (Asphalt Cement, Aggregates, Hydrated Lime, etc.) invoices shall
be made available for review upon request at all times for the duration of the work.
4. COMPARATIVE AND QUALITY ASSURANCE PROGRAM: Periodic
comparative testing will be required of each QCT and will be coordinated by the
Department to monitor consistency of equipment and test procedures. In addition, the
Department will take independent samples to monitor the Hot Mix Producer's' Quality
Control Program. For clarification, Department samples taken from opposite quarters
of material sampled by the Hot Mix Producer are defined as Comparison Samples.
OO(:r independent samples which are taken by the Department from material produced
durlJlg the same Lot are defined as Quality Assurance samples. This Program is
further defined as follows:
a. Comparison Sampling and Testing: During the quartering process of Hot Mix
~;amples, the opposite quarters from the test specimen shall be labeled and retained
fbr Department comparison testing. In addition, the remaining material remuved
from the total sample shall be labeled and retained for possible Referee testing.
These samples shall be stored in a suitable container and secured in a protected
(:nvirorunent. If the Hot Mix Producer's Acceptance Test results meet Mixture
Control Tolerances and if the Department does not procure these samples retained
within three working days of the represented mix being produced, these samples
may be discarded.
The Department will test comparison samples on a random basis at a frequency
deemed necessary to assure that the Hot Mix Producer's testing techniques are
yielding accurate results.
Results of Department tests will be compared to the respective Hot Mix Producer's
Acceptance tests. The maximum tolerance allowed for Comparison Samples as
defined above shall be as follows:
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MAXlMUM DIFFERENCE
SIEVE SIZE
1/2"
3/8"
No.4
No.8
No. 200
AC.
SURFACE
SUBSURFACE
4.0%
4.0%
3.5%
3.0%
2.0%
0.5%
3.5%
3.5%
2.5%
2.0%
0.4%
If Comparison tests are within these tolerances, production may continue and at
the: discretion of the Engineer, the Hot :Mix Producer's tests can be used as the
acceptance tests for the affected Lot. If test results are not within these tolerances,
thE: corresponding Referee Samples shall be tested by another Departmental
Technician and compared to the tolerance for Comparison Samples as given
abc)ve.
If test Results of Referee Samples, when compared to the respective QCT's
sample, are within these tolerances, the Hot :Mix Producer's tests can be used as
Acceptance Tests for the effected Lot. If tests results are not within these
tol,:rances, the Hot :Mix Producer's Quality Control methods shall be reviewed and
a thorough investigation will be made if deemed necessary.
b. Quality Assurance Sampling and Testing: The Department will take samples for
the purpose of monitoring the effectiveness of the Hot:Mix Producer's
Qu.aIity Control Program. These samples may be obtained from the same load as
QCT samples were taken or other loads at the plant or roadway, or samples
obtained immediately behind the spreader and prior to compaction. The samples
will, be tested and analyzed by the Department in accordance with standard
procedures.
ThE: Department shall randomly take and test a minimum of two Quality Assurance
(QA) samples from each five days or five Lots of production regardless of mix
typl~ or number of projects, to assure that the mixture is being adequately
controlled and accurately sampled and tested.
The maximum tolerance for QA samples as defined above, when compared to the
Job:Mix Formula, shall be the same as the Mixture Control Tolerances as outlined
in Section 828. If test results are not within these tolerances, the Department may
takE: another sample from the respective mix. If tests results of the additional
sample are within these tolerances, production may continue. If test results of the
addi.tional sample are not within these tolerances, the Department will investigate
by taking at least three random samples from throughout the Lot in accordance
with Subsection 400.07.F. These samples shall be used for Acceptance and the Hot
Mix Producer QCT test results for the respective Lot will not be included in the
Lot calculations.
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Should the Engineer determine that Quality Control requirements are not being
met clr that unsatisfactory results are being obtaine~ prompt corrective action shall
be taken by the Hot Mix Producer. Failure to take prompt corrective action will
be cause for the Engineer to discontinue acceptance of the mix.
If it is detennined by the Department that the QCT has not followed procedures
specified in GSP-21 or has provided erroneous information, his or her certification
may be withdrawn, and the Hot Mix Producer may be subject to punitive or legal
actiol1. Technicians who lose their certification due to falsification of test data will
not tIe eligible for re-certification in the future, unless approved by the State
Mate:rials and Research Engineer. In-place material represented by unacceptable
tests will be evaluated by cores in accordance with Subsection 400.07.F. These
, core :;amples shall be used for acceptance.
s. GRADA'nON AND ASPHALT CEMENT CONTENT: Quality Acceptance of the
mixture will be based upon the mean of the deviations from the Job Mix Formula for
control si:eves and asphalt cement content of the specified number of test results per
'Lot. This mean will be determined by averaging the actual numeric value of the
individual deviations from the Job Mix Formula, disregarding whether the deviations
are positive or negative amounts. The samples will be taken randomly in accordance
with GDT -73. In the event less than' the specified number of samples are taken., the
Hot Mix Producer shall take at least two representative six inch cores from the
roadway (to assure adequate sample size) for each portion of mix that was not
sampled and acceptan.::e will be based on the mean of the deviations from the Job Mix
Formula 4)fthe total number of tests run.
The control sieves used in Quality Acceptance for the various types of mix are as
indicated below:
TABLE 400.07.A
MIX TYPE MIXTURE CONTROL
Asphaltic Concrete Base 112", No.8 Sieves and Asphalt Cement
Asphnltic Concrete B, B-Modified, E 3/8", No.8 Sieves and Asphalt Cement
Asphnltic Concrete F, H No.4, No.8 Sieves and Asphalt Cement
Asph~l1tic Concrete G No.8 Sieve and Asphalt Cement
Asph~l1tic Concrete Sand Asphalt Asphalt Cement
Type I and IT
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I 400.07B.: COMl~ACTION: Delete this Subsection and substitute the following:
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If the Engineer determines that the material is not acceptable to leave in place, the
materi.!1s shall be removed and replaced at the Hot Mix Producer's expense. Any test
results for materials not used in the Work shall not be included in the calculations for
Lot A(~ceptance.
For as:phalt cement content only, on plants with digital recorders, digital printouts of
liquid asphalt cement weights may be substituted in lieu of an extraction test. The
asphalt cement content shall be calculated from the ticket representing the mixture
tested for gradation. The asphalt cement content calculated from each ticket will be
considc~red a test.
The compaction of the mixture as determined by either GDT-39, or GDT-59, will be accepted ~
Lots as defined ill Subsection 400.07.A and shall be within the same Lot boundaries as the
mixture acceptancl~.
The mean density of the pavement placed within each Lot will be calculated by averaging the
results of tests run on randomly selected sites in that Lot. The random sites shall be selected using
GDT-73.
400.07.C.: SURFACE TOLERANCE: Delete this Subsection and substitute the following:
All paving shall be: subject to visual and straightedge inspection during construction operations
and thereafter prior to final acceptance. A 10 foot straightedge shall be retained in the vicinity of
the paving operation at all times for the purpose of measuring surface irregularities on all courses.
The straightedge and labor for its use shall be provided by the Hot Mix Producer.
The surface of basc~, intermediate, and surface courses shall be inspected with the straightedge as
necessary to detect irregularities. All irregularities in excess of 3116 inch in 10 feet for base,
intermediate, and surface courses shall be corrected. Irregularities such as rippling, tearing, or
pulling which in the judgment of the Engineer indicate a continuing problem in equipment,
mixture, or operatiJ:lg technique shall not be permitted to recur and the paving operation shall be
stopped unless appropriate steps are taken by the Hot Mix Producer to correct the problem.
400.07.D.: MATERIALS PRODUCED AND PLACED DURING ADJUSTMENT
PERIOD: Delete 1his Subsection.
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I 400.10. PAYMENT: Delete this Subsection and substitute the following:
Hot mix asphaltic c:oncrete of the various types will be paid for at the contract unit price per Ton
I or Square Yard which payment shall be full compensation for furnishing and placing all materials
including asphalt clement, hydrated lime when required and for all approved additives, for all
cleaning and repairing or preparation of surfaces, and for all other operations necessary to
I complete the Contract Item.
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PAYMENT WILL BE MADE UNDER:
ITEM NO. 400 Asphaltic Concrete ~ Group-Blend. Including
Bituminous Material and Hydrated Lime .................................................... ............ Per Ton
ITEM NO. 400 Asphaltic Concrete ~ Group-Blend_ Including
Bituminous Material .. ................... ..... ....... ...... .......~.. ......... .................................... Per Ton
ITEM NO. 400 in. Asphaltic Concrete ~ Group-Blend.
Including Bituminous Material and Hydrated Lime .....................................Per Square Yard
ITEM NO. 400 in. Asphaltic Concrete ~ Group-Blend.
Including B:ituminous Material .................:................~.................................Per Square Yard
ITEM NO. 400 Asphaltic Concrete Patching Including Bituminous
Material and Hydrated Lime ...................................................................... ............. Per Ton
ITEM NO. 400 Asphaltic Concrete Patching Including Bituminous
Material ............... ........... ...... ............... ......... ............... ..... .............. ............. ........... Per Ton
ITEM NO. 400 Asphaltic Concrete Leveling Including Bituminous
Material and Hydrated Lime ...................................................................... ............. Per Ton
ITEM NO. 400 Asphaltic Concrete Leveling Including Bituminous
Material ...... ..... ........ ................ ....... ...... ......... ............ ............ ...... ...... ..................... Per Ton
I Materials and Research
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December 12, 1997
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 402 - HOT MIX RECYCLED ASPHALTIC CONCRETE
402.02.A. RAP :MA TERIAL: Delete the next to last paragraph and substitute the following:
RAP containing either local sand or alluvial gravel will not be allowed in mixtures used on
interstate projects except for shoulder construction. When 'used in shoulder construction, the use
of RAP containing either local sand or alluvial gravel shall be limited such that the sand or gravel
makes up no more than 20% of the total aggregate portion of the mix. When used in mainline and
ramp constructie,n of non-interstate projects, the percentage of RAP containing alluvial gravel
shall be limited S1Jch that the gravel makes up no more than 5% of the total aggregate portion of
the mix. The amount of local sand in RAP shall be considered when detennining the local sand
portion allowed i:n the total mix as specified in Section 828.
Where Pay Items specify that Group II only aggregate is to be used, RAP which consists primarily
of Group II aggr~:gate, but contains some Group I aggregate shall be limited such that the Group I
aggregate makes up no more than 5% of the total aggregate portion of the mix. When a Blend I
mix is specified, any Group I aggregate in the RAP shall be considered when determining the
Group I portion allowed in the total mix as specified in Section 828. The percentage oflocal sand,
alluvial gravel, and Group I aggregate in the RAP will be detennined through petrographic
analysis or available records.
402.02.C. RECYCLED MIXTURE: Delete this Subsection and substitute the following:
The recycled mixture shall be a homogeneous mixture of RAP material, virgin aggregate and neat
asphalt cement. Further, the mixture shall be appropriately treated with an approved anti-stripping
agent, either a hea.t stable anti-stripping additive or hydrated lime. The agent chosen shall be at the
Hot Mix Producer's discretion except where noted in the Pay Item Designation.
The mixture shall conform to an approved mixture design meeting the requirements outlined in
Section 828. Where hydrated lime is used, it shall be added at a rate of 1.0 percent of the virgin
aggregate portion plus 0.5 percent of the aggregate in the RAP portion of the mixture. Where
heat stable anti-stdp additive is used, it shall be added at a rate of 0.5 percent of the neat asphalt
cement added to tne mixture.
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402.05 P A YJMENT: Add the following:
Item No. 402 Recycled Asphaltic Concrete, ~ Group-Blenct
Including BituIDinous Material ..................................... ......... ... ... ~.. ............... per Ton
Item No. 402 Recycled Asphaltic Concrete, ~ Group-Blend.
Including Bituminous Material and Hydrated Lime .......... ............................... . per Ton
Item No. 402 Inches Recycled Asphaltic Concrete, ~
~oul:)-Blend. Including Bituminous Material ~.:..._......._.......__._..__...u.per Square Yard
Item No; 402 Inches Recycled Asphaltic Concrete, ~
Ym'yp-Blend. Including Bituminous.Material and Hydrated Lime .........per Square Yard
Item No. 402 Recycled Asphaltic Concrete Patching,
Including Bituminous Material ..............................:............................................. per Ton
Item No. 402 Recycled Asphaltic Concrete Patching,
Including Bituminous Material and Hydrated Lime ..................................:.......... per Ton
Item No. 402 Recycled Asphaltic Concrete Leveling,
In l'r B' . Ma'al . T
c uc.mg ltununOUS ten ................................. .......................... ................. per on
Item No. 402 Recycled kphaltic Concrete Leveling,
Includ.ing Bituminous Material and Hydrated Lime ............................................. per Ton
Materials and Research
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December 12, 1997
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 820 - ASPHALT CEMENT
Delete this Sec:tion and substitute the following:
820.01 SUPE:RPA VE ASPHALT BINDER: This Section covers asphalt cements which have
been prepared: from crude petroleum by suitable methods. The asphalt cements shall be
homogenous, j!ree from water and shall not foam when heat~d to 1750~. Blending of asphalt
cements to produce a specified performance grade shall result in a uniform, homogenous blend
with no separa.tion. The neat asphalt cement proposed for use in Asphaltic Concrete shall meet
the following requirements for PG 64-22 or PG 67-22 and be production materials ("straight-
run") that haV(~ not been "air-blown" to achieve the performance grade (pG). PG 58-22 may be
used. as Bituminous Tack Coat or in Bituminous Surface Treatment. Only Styrene-Butadiene-
Styrene (SBS) or Styrene-Butadiene (SB) shall be added to the neat asphalt cement, if needed, to
produce a bind.:r that complies with the following requirements for PG 76-22.
1. Test R(~quirements
TEST AND ORIGINAL
METHOD TEST TEMPERATURE BINDER RESIDUE OF BINDER AFI'ER:
Rolling Thin-Film
PG PG PG PG Oven AASIITO: TP5 Pressure Aging
58-22 64-22 67-22 76-22 AASIITO: PP-l
Flash Point,
AASIITO: T-48 2300 C
Min.
VISCOsity (a), 3Pa-S
ASlM 04402 MIDI~ 1350 C (3000CP)
Mass Loss (%), Max.
AASHTO: T-240 (b) 0.5
Dynamic Shear, S80C 640C 670C 760C ~1.0kPa ~ 2.2 kPa
G*/sinS, AASIITO:: Phase
TPS, 10 RadlSec Angl ~ 7S deg.
e
Dissipated Energy,
Dynamic Shear, 2SoC ~ 5000 kPa
G*sinS, AASIITO:
TPS, 10 RadlSec
Creep Stiffness (c), S ~ 300,000 kPa
60 sec. AASIITO - 120 C m ~ 0.300
TPl
Direct Tension, 1.0
mm/min. AASHTO: - 120 C Report
TP3, Failure Strain
CC &~
C C -Z:z...,
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810.01 (Continued)
(a) This requirement may be waived at the discretion of the Department if the supplier
warrants that the asphalt binder can be adequately pumped and mixed at
temperatures that meet all applicable safety standards.
(b) Heat loss by AASHTO: T -179 may be accepted in lieu of mass loss by AASHfO:
T-240.
(c) If the creep stifthess is below 300,000 kPa, the direct tension test is not required.
If the creep stifthess is ~ 300,000 kPa, the Direct Tension Failure Strain value
shall be reported. The m-value requirement shall be satisfied in either case.
If modification is required,' the composite materials shall be thoroughly blended at the
supply facility prior to being loaded into the transport vehicle. All blending procedures,
formulation, and operations shall be approved by the Office of Materials and Research.
2. Certific:ation: Certified test results of laboratory blends for proposed PO asphalts shall
be provided by a certified laboratory, approved by the Office of Materials and Research,
for eac:h specification characteristic of the asphalt cement proposed for shipment. The
certified results shall be provided to the State Materials and Research Engineer in
compli.mce with Standard Operating Procedure (SOP)-4.
In the event there is reason to suspect a sample will be outside specification limits, the
State M:aterials and Research Engineer may interrupt the production until test results are
known.
Materials and Rt~search
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December 12, 1997 .
DEPARTMENT OF TRANSPORTATION
STATE OF GEORGIA
SPECIAL PROVISION
SECTION 828 - HOT MIX ASPHALTIC CONCRETE MIXTURES
Delete Subsel:tion 828.01.1 and substitute the following:
Local sand will not be allowed in any mixtures to be placed on the mainline or ramps, excluding
shoulders, of Interstate projects. Up to 20% local sand, based on the total aggregate weight, may
be allowed as an ingredient in the Asphaltic Concrete mixtures used for interstate shoulder
construction.
On non-interstate projects with 2,000 ADTIVPD or greater, as shown on the plans, the use of
local sand shall be limited to Asphaltic Concrete "Base" mixtures only and shall not exceed 20%
of the total aggregate weight. Local sand, not to exceed 20% of the total aggregate weight, may
be used as an ingredient in all Asphaltic Concrete mixtures placed on non-interstate routes with
1,000 to 1,999 ADTIVPD, and on routes where traffic counts may be unavailable or not shown
on the plans. On non-interstate projects with less than 1,000 ADTIVPD, the amount oflocal sand
allowed will be limited only as needed to meet design requirements further descn'bed in this
Section.
These stipulations in no way supersede limitations of RAP allowed in recycled mixtures as set
forth in Section 402.
Materials and Research
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