2026 Road Resurfacing Project

CONTRACT DOCUMENTS AND SPECIFICATIONS FOR:
2026 ROAD RESURFACING PROJECT
CITY OF CLEMSON
MAY 2026

Table of Contents
Section Description Pages
Part 1 - General Specifications
01000 General Conditions 15
01001 Supplemental General Conditions 6
01002 Underground Damage Prevention Act 2
01060 Regulatory Requirements 1
01061 Permits, Fees & Rights-of-Way 1
01090 Reference Standards 1
01400 Measurement and Payment 2
01700 Contract Closeout 2
01720 Project Record Documents 1
Part 2 - Technical Specifications
02700 Asphalt Paving 10
03100 Pavement Marking Specifications 3
Part 3- Location & Details
Appendix A - Location Maps
Appendix B - Pavement Repair Details

SECTION 01000
GENERAL CONDITIONS
1) CONTRACT & CONTRACT DOCUMENTS:
The plans, specifications, and addenda, hereinafter enumerated shall form part of this contract
and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully
set forth. The table of contents titles, heading, running headlines and marginal notes contained
herein and in said documents are solely to facilitate reference to various provisions of the
contract documents and in on way affect, limit or cast light on the interpretations of the
provisions to which they refer.
Contents
1 Contract and Contract Documents 25 Payments to Contractor
2 Definitions 26 Acceptance of Work and Final Payment
3 Additional Instructions and Detail Drawings 27 Acceptance of Final Payment as
Release
4 Shop Drawings and Samples 28 Payments by Contractor
5 Materials, Services & Facilities 29 Insurance
6 Contractor's Title to Materials 30 Contract Security
7 Inspection and Testing of Materials 31 Assignments
8 "Or Equal" Clause 32 Mutual Responsibility
9 Patents 33 Separate Contracts
10 Surveys, Laws, and Regulations 34 Subcontracting
11 Contractor's Obligations 35 Engineer's Authority
12 Weather Conditions 36 Stated Allowances
13 Protection of Work and Property, Emergency 37 Use of Premises and Removal of Debris
14 Interpretations 38 Quantities of Estimate
15 Reports, Records and Data 39 Rights-of-Way and Suspension of Work
16 Superintendence by Contractor 40 Warranty for One Year after Completion
of Contract
17 Changes in Work 41 Notice and Service Thereof
18 Extras 42 Required Provisions Deemed Inserted
19 Time for Completion and Liquidated 43 Protection of Lives and Health
Damages
20 Correction of Work 44 Wages and Overtime Compensation
21 Subsurface of Conditions 45 Prohibited Interests
22 Claims for Extra Cost 46 Conflicting Conditions
23 Right of Owner to Terminate Contract 47 Public Convenience and Protection
24 Construction Schedule and Periodic
Estimates

2) DEFINITIONS:
A) Contractor: A person, firm or corporation with whom the contract is made by the Owner.
B) Subcontractor: A person, firm or corporation supplying labor and materials, or only labor,
for work at the site of the project for and under separate contract or agreement with the
Contractor
C) Work on or at the Project: Work to be performed at the location of the project, including
the transportation of materials and supplies to or from the location of the project by
employees of the Contractor and any Subcontractor.
3) ADDITIONAL INSTRUCTIONS AND DETAIL DRAWINGS:
The Contractor will be furnished additional instructions and detail drawings as necessary to
carry out the work included in the Contract. The additional drawings and instructions thus
supplied to the Contractor will coordinate with the Contract Documents and will be so prepared
that they can be reasonably interpreted as part thereof. The Contractor shall carry on the work
in accordance with the additional detail drawings and instructions, The Contractor and the
Engineer will prepare jointly:
A) A schedule fixing the dates at which special detail drawings will be required; such
drawings, if any, to be furnished by the Engineer in accordance with said schedule; and
B) A schedule fixing the respective dates for the submission of shop drawing, the beginning
of manufacture, testing and installation of materials, supplies, and equipment, and the
completion of the various parts of the work; each such schedule to be subject to change
from time to time in accordance with the progress of the work.
4) SHOP DRAWINGS AND SAMPLES:
Submit to the Engineer for approval, in accordance with the requirement of Section 01340.
A) Samples: Contractor shall also submit to the Engineer for approval, all samples required
by Section 01340. All samples will have been checked by and stamped with the approval
of the Contractor, identified clearly as to material, manufacturer, any pertinent catalog
numbers and the use for which intended.
B) Deviations: At the time of each submission, Contractor shall in writing call the Engineer's
attention to any deviations that the Shop Drawings or samples may have from the
requirements of the Contract Document.
C) Engineer's Review: Engineer will review and approve with reasonable promptness Shop
Drawings and samples, but his review and approval shall be only for conformance with
the design concept of the project and for compliance with the information given in the
Contract Documents. The approval of a separate item as such will not indicate approval
of the assembly in which the item functions. Contractor shall make any corrections
required by Engineer and shall return the required number of corrected copies of Shop
Drawings and resubmit new samples until approved. Contractor shall direct specific
attention in writing or on resubmitted Shop Drawings to revisions other than the
corrections called for by Engineer or previous submissions. Contractor's stamp of
approval on any Shop Drawing or sample shall constitute a representation to Owner and
Engineer that Contractor has either determined and verified all quantities, dimensions,
field construction criteria, materials, catalog numbers and similar data or he assumes full
responsibility for doing so, and that he has reviewed or coordinated each Shop Drawing
or sample with the requirements of the work and Contract Documents.

D) Contractor's Records: Where a Shop Drawing or sample submission is required by the
Specifications, no related work shall be commenced until the submission has been
approved by Engineer. A copy of each approved shop drawing and each approved
sample shall be kept in good order by Contractor at the site and shall be available to
Engineer.
E) Contractor's Responsibility: Engineer's approval of Shop Drawings or sample shall not
relieve Contractor from his responsibility for any deviations from the requirements of the
Contract Documents unless Contractor has in writing called the Engineer's attention to
such deviation at the time of submission and Engineer has given written approval to the
specific deviation, nor shall any approval by Engineer relieve Contractor from
responsibility for errors or omissions in the Shop Drawings.
5) MATERIALS, SERVICES AND FACILITIES:
Materials, services and facilities shall be furnished by the Contractor.
A) It is understood that except as otherwise specifically stated in the Contract Documents,
the Contractor shall provide and pay for all materials, labor, tools, equipment, water, gas,
lights, power, transportation superintendence, taxes, insurance, temporary construction
of every nature, and all other services and facilities of every nature whatsoever
necessary to execute, complete and deliver the work within the specified time.
B) Any work necessary to be performed after regular working hours, on Sundays, or legal
holidays, shall be performed without additional expense to the Owner.
6) CONTRACTOR'S TITLE TO MATERIALS:
No materials or supplies for the work shall be purchased by the Contractor or by any
Subcontractor subject to any chattel mortgage or under a conditional sale contract or other
agreement by which an interest is retained by the seller. The Contractor warrants that he has
good title to all materials and supplies used by him in the work, free from all liens, claims or
encumbrances.
7) INSPECTION AND TESTING OF MATERIALS:
Unless otherwise specifically provided for in the specifications, the inspection and testing of
material and finished articles to be incorporated in the work at the site shall be made by
bureaus, laboratories, or agencies approved by the Owner. The cost of such inspection and
testing shall be paid by the Contractor.
A) Certification by Contractor: Where the detailed specifications call for certified copies of
mill or shop tests to establish conformance of certain materials with the specifications, it
shall be the responsibility of the Contractor to assure delivery of such certifications to
the Owner. No materials or finished articles shall be incorporated in the work until such
materials and finished articles have passed the required tests. The Contractor shall
promptly segregate and remove rejected material and finished articles from the site of
the work.
B) Guaranty: The testing and approval of materials by the laboratory, or laboratories, shall
not relieve the Contractor of any of his obligations to fulfill his contract and guarantee of
workmanship and materials as called for in paragraph entitled "General Warranty for
One Year After Completion of Contract" herein. The Contractor may, at his option and at

his own expense, cause such other tests to be conducted as he may deem necessary to
assure suitability, strength, and durability of any material or finished article.
8) "OR EQUAL" CLAUSE:
The phrase "or equal" shall be construed to mean that material or equipment will be acceptable
only when, in the judgment of the Engineer, they are composed of parts of equal quality, or
equal workmanship and finish, designed and constructed to perform or accomplish the desired
result as efficiently as the indicated brand, pattern, grade, class, make or model. Written
approval will be obtained from the Engineer prior to installation.
9) PATENTS:
The Contractor shall hold and save the Owner and its officers, agents, servants, al).d
employees harmless from liability of any nature or kind, including cost and expenses for, or on
account of, any patented or unpatented invention, process, article, or appliance manufactured
or used in the performance of the contract, including its use by the Owner, unless otherwise
specifically stipulated in the Contract documents. If the Contractor uses any design, device or
materials covered by letter, patent, or copyright, he shall provide for such use by suitable
agreement with the Owner of such patented or copyrighted design, device or material. It is
mutually agreed and understood that, without exception, the contract prices shall include all
royalties or costs arising from the use of such design, device or materials, in any way involved
in the work. The Contractor and/or his sureties shall indemnify and save harmless the Owner of
the project from any and all claims for infringements by reason of the use of such patented or
copyrighted design, device or materials or any trademark or copyright in connection with work
agreed to be performed under this contract, and shall indemnify the Owner for any cost,
expense or damage which it may be obliged to pay by reason of such infringement at any time
during the prosecution of the work or after completion of the work.
10) SURVEYS, LAWS AND REGULATIONS:
The Contractor shall keep himself fully informed of all laws, ordinances and regulations of State,
City and County in any manner affecting those engaged or employed in the work, or the
materials used in the work, or in any way affecting the conduct of the work, and of all orders and
decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy
or inconsistency should be discovered in this contract, or in the drawings or specifications
herein referred to, in relation to any such law, ordinance, regulation, order or decree, he shall
forthwith report the same in writing to the Owner. He shall at all times himself observe and
comply with all such existing and future laws, ordinances and regulations, (to the extent that
such requirements do not conflict with Federal laws or regulations) and shall protect and
indemnify the Owner and its agents against any claims or liability arising from or based on the
violation of any such law, ordinance, regulations, order or decree, whether by himself or by his
employees.
11) CONTRACTOR'S OBLIGATIONS:
The Contractor shall, in good workmanlike manner, so and perform all work and furnish all
supplies and materials, machinery, equipment, facilities and means, except as herein otherwise
expressly specified, necessary or proper to perform and complete all the work required by this
contract, within the time herein specified, in accordance with provisions of

this contract and said specifications, and in accordance with the plans and drawings covered by
this contract and any and all supplemental plans and drawings and in accordance with the
directions of the Engineer as given from time to time during the progress of the work. He shall
furnish, erect, maintain and remove such construction plant and such temporary works as may
be required. The contractor shall observe, comply with, and be subject to all terms, conditions,
requirements and limitations of the contract and specifications, and shall do, carry on and
complete the entire work to the satisfaction of the Engineer and the Owner.
12) WEATHER CONDITIONS:
In the event of temporary suspension of work or during inclement weather, or whenever the
Engineer shall direct, the Contractor will, and will cause his subcontractors to, protect carefully
his and their work and materials against damage or injury from the weather. If, in the opinion of
the Engineer, any work or materials shall have been damaged or injured by reason of failure on
the part of the Contractor or any of his Subcontractors to so protect its work, such materials
shall be removed and replaced at the expense of the Contractor.
13) PROTECTION OF WORK AND PROPERTY, EMERGENCY:
The Contractor shall at all times safely guard the Owner's property from injury or loss in
connection with this contract. He shall at all times safely guard and protect his own work and
that of adjacent property from damage. The Contractor shall replace or make good any such
damage, loss or injury unless such be caused directly by errors contained in the contract or by
the Owner or by his duly authorized representatives. In case of emergency which threatens loss
or injury of property and/or safety of life, the Contractor will be allowed to act, without previous
instructions form the Engineer, in a diligent manner. He shall notify the Engineer immediately
thereafter. Any claim for compensation by the Contractor due to such extra work shall be
promptly submitted to the Engineer for approval. Where the Contractor has not taken action but
has notified the Engineer of an emergency threatening injury to persons or damage to the work
or any adjoining property, he shall act as instructed or authorized by the Engineer. The amount
of reimbursement claimed by the Contractor on account of any emergency action shall be
determined in the manner provided in paragraph entitled "Changes in Work" of these
specifications.
14) INTERPRETATIONS:
If any person contemplating submitting a bid for the proposed contract is in doubt as to the true
meaning of any part of these proposed contract documents, he may submit to the Engineer a
written request for an interpretation thereof. The person submitting the request will be
responsible for its prompt and actual delivery. Any interpretation of such documents will be
made only by addendum duly issued, and a copy of such addendum will be mailed or delivered
to each person receiving a set of such documents. The Owner will not be responsible for any
other explanation or interpretation of such documents which anyone presumes to make on
behalf of the Owner before expiration of the ultimate time set for the receipt of bids.
15) REPORTS, RECORDS AND DATA:
The Contractor shall submit to the Owner such schedule of quantities and costs, progress
schedules, payrolls, reports, estimates, records and other data as the Owner may request
concerning work performed or to be performed under this contract.

16) SUPERINTENDENCE BY CONTRACTOR:
The Contractor shall employ only competent and skilled men on the work. The contractor shall
have a competent Superintendent or Foreman present at all times when the work is in progress,
who shall have full authority to act for the Contractor. It is understood that such representative
shall be acceptable to the Engineer and shall be one who can be continued in that capacity for
the particular job involved unless he ceases to be on the Contractor's payroll. The Contractor
shall, upon demand from the Engineer, immediately remove any Superintendent, Foreman or
workman whom the Engineer may consider incompetent or undesirable.
17) CHANGES IN WORK:
No changes in the work covered by the approved contract documents shall be made without
having prior written approval of the Owner. Charges or credits for the work covered by the
approved change shall be determined by one or more, or a combination of, the following
methods:
A) Unit bid prices previously approved
B) An agreed lump sum
C) The actual cost of:
1) Labor, including foreman
2) Materials entering permanently into the work
3) The ownership or rental cost of construction plant and equipment during the time of
use on the extra work
4) Power and consumable supplies for the operation of power equipment
5) Insurance
6) Social security and old age and unemployment contributions
18) EXTRAS:
Without invalidating the contract, the Owner may order extra work or make changes by altering,
adding to or deducting from the work, the contract sum being adjusted accordingly, and the
consent of the surety being first obtained where necessary or desirable. All the work of the kind
bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra
work or materials shall be allowed unless the work is ordered in writing by the Owner, or the
Engineer acting officially for the Owner, and the price is stated in such order. Extra work shall be
performed only upon the execution of authorized change orders as set forth in the preceding
paragraph.
19) TIME FOR COMPLETION AND LIQUIDATED DAMAGES:
It is hereby understood and mutually agreed by and between the Contractor and the Owner that
the date of beginning and the time for completion as specified in the contract of the work to be
done hereunder are essential conditions of this contract; and it is further mutually understood
and agreed that the work embraced in this contract shall be commenced on a date to be
specified in the Notice to Proceed.
A) Regular Prosecution of Work: The Contractor agrees that said work shall be prosecuted
regularly, diligently and uninterruptedly at such rate of progress as will insure full
completion thereof within the time specified. It is expressly understood and agreed, by
and between the Contractor and the Owner, that the time for completion of the work
described herein is a reasonable time for completion of same, taking into consideration
the average climatic range and usual industrial conditions prevailing in this locality.

B) Liquidated Damages: If the Contractor shall neglect, fail, or refuse to complete the work
within the time herein specified, or any proper extensions thereof granted by the Owner,
then the Contractor does hereby agree, as a part consideration for the awarding of this
contract, to pay to the Owner the amount specified in the contract not as a penalty but as
liquidated damages for such breach of contract as hereinafter set forth, for each and
every calendar day that the Contractor shall be in default after the time stipulated in the
contract for completing the work. The said amount is fixed and agreed upon by and
between the Contractor and the Owner because of the impracticality and extreme
difficulty of fixing and ascertaining the actual damages the Owner would in such event
sustain, and said amount is agreed to be in the amount of damages which the Owner
would sustain and said amount shall be retained from time to time by the Owner from
current periodical estimates.
C) Extension of Time for Completion: It is further agreed that time is of the essence of each
and every portion of this contract and of the specifications wherein a definite and certain
length of time is fixed for the performance of any act whatsoever; and where under the
contract an additional time is allowed for the completion of any work, the new time limit
fixed by such extension shall be of the essence of this contract. Provided, that the
Contractor shall not be charged with liquidated damages or any excess cost when the
delay in completion of the work is due:
a) To any preference, priority or allocation order duly issued by the Government
b) To unforeseeable cause beyond the control and without the fault or negligence of
the Contractor, including, but not restricted to, acts of God, or of the public
enemy, acts of the Owner, acts of another contractor in the performance of a
contract with the Owner; fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, unusually severe weather; and
c) To any delays of subcontractors or suppliers occasioned by any of the causes
specified in subsections 1 and 2 of this article.
Provided, further, that the Contractor shall, within seven (7) days from the beginning of such
delay, unless the Owner shall grant a further period of time prior to the date of final settlement of
the contract, notify the Owner in writing of the causes of delay, who shall ascertain the facts and
extent of delay and notify the Contractor within a reasonable time of its decision in the matter,
and grant such extension of time as the Owner shall deem suitable and just.
20) CORRECTION OF WORK:
All work, all materials, whether incorporated in the work or not, all processes of manufacture,
and all methods of construction, shall be at all times and places subject to the inspection of the
Engineer, who shall be the final judge of the quality and suitability of the work, materials,
processes of manufacture, and methods of construction of the purposes for which they are
used. Should they fail to meet his approval, they shall be forthwith reconstructed, made good,
replaced and/or corrected, as the case may be, by the Contractor at his own expense. Rejected
material shall immediately be removed from the site. If, in the opinion of the Engineer, it is
undesirable to replace any defective or damaged materials or to reconstruct or correct any
portion of the work injured or not performed in accordance with the contract documents, the
compensation to be paid to the Contractor hereunder shall be reduced by such amount as, in
the judgment of the Engineer, shall be equitable.

21) SUBSURFACE CONDITIONS FOUND DIFFERENT:
Should the Contractor encounter subsurface and/or latent conditions at the site materially
differing from those shown on the plans or indicated in the specifications, he shall immediately
give notice to the Engineer of such conditions before they are disturbed. The Engineer will
thereupon promptly investigate the conditions, and if he finds that they materially differ from
those shown on the plans or indicated in the specifications, he will at once make such changes
in the plans and/or specifications as he may find necessary; any increase or decrease of cost
resulting from such changes to be adjusted in the manner provided in paragraph 17 of these
specifications. Where no specific subsurface conditions are indicated or specified, no increase
in cost will be considered in regards to subsurface conditions encountered.
22) CLAIMS FOR EXTRA COSTS:
No claim for extra work or cost shall be allowed unless the same was done in pursuance of a
written order of the Engineer, as aforesaid, and the claim presented with the first estimate after
the changed or extra work is done. When work is performed under the terms of subparagraph
17C of these specifications, the Contractor shall furnish satisfactory bills, payrolls and vouchers
covering all items of cost and when requested by the Owner, give the Owner access to
accounts relating thereto.
23) RIGHT OF OWNER TO TERMINATE CONTRACT:
In the event that any of the provisions of this contract are violated by the Contractor or by any
of his subcontractors, the Owner may serve written notice upon the Contractor and the surety
of its intention to terminate the contract, such notices to contain the reasons for such intention
to terminate the contract, and unless within 10 days after the serving of such notice upon the
Contractor, such violation or delay shall cease and satisfactory arrangement or correction be
made, the contract shall, upon the expiration of said 10 days, cease and terminate. In the event
of any such termination, the Owner shall immediately serve notice thereof upon the surety and
the Contractor, and the surety shall have the right to take over and perform the contract;
provided, however, that if the surety does not commence performance thereof within 10 days
from the date of the mailing to such surety of notice of termination, the Owner may take over
the work and prosecute same to completion by contract or by force account for the account and
at the expense of the Contractor, and the Contractor and his surety shall be liable to the Owner
for any excess cost occasioned the Owner thereby, and in such event the Owner may take
possession of and utilize in completing the work such materials, appliances and plant as may
be on the site of the work and necessary therefore. If the Contractor should die, be declared an
incompetent, be declared bankrupt or insolvent, make an assignment for the benefit of creditors
during the term of his contract, the Owner may terminate the contract in the manner and under
the procedure set forth above with the exception that no notices to the Contractor shall be
required, but in lieu thereof the Owner must make a reasonable effort to notify the estate of the
Contractor, his guardian, assignee, or legal representative of the intention to terminate and fact
of termination, if there is any such guardian, assignee, or legal representative at the time the
Owner desires to terminate.
24) CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES:
Immediately after execution and delivery of the contract and before the first partial payment is
made, the Contractor shall deliver to the Owner an estimated construction progress schedule in
form satisfactory to the Owner, showing the proposed dates of commencement and completion