S27_Part 1 Review of General Provisions Specification Changes_LTC2013

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  • 7/29/2019 S27_Part 1 Review of General Provisions Specification Changes_LTC2013

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    Part I Review of General Revisions

    Specification Changes

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    DOTD StaffBrian Buckel Barry LacyMasood Rasoulian Vince RussoRandy Sanders Tim Strohschein

    Ed Wedge John Wells

    Mark Stinson FHWA

    Bama Hinton Gerace ConstructionChad Juneau Gilchrist Construction

    Special Assistance from DOTD Staff:Jeff David, Fred Gholston, Henry Reed and Margaret Thompson

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    Section 101 Revised 101.01 Voice/Mood and References

    This specification book uses the active voice, imperative mood whendescribing the contractors responsibility. For example:

    Active Voice/Imperative Mood: Provide competent supervision.The subject of a sentence written in the active voice/imperative mood is not

    explicitly stated. In these specifications, the implied subject of such asentence is typically the contractor, although in certain situations, thesubject may also be a vendor, fabricator, or manufacturer engaged by thecontractor to supply material, products, or equipment for use on theproject. Prior to award of a contract, the imperative statements are directed

    to the bidder; it is only after the contract has been awarded that theimperatives are directed to the contractor.Section and Subsection titles and headings provide reference only, not

    interpretation.A cross-reference to a specific Subsection of these specifications includes all

    general requirements of the Section of which the Subsection is a part.Unless specified by year or date, cited publications refer to the most recent

    issue, including interim publications, in effect on the bid closing date

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    Section 101 Cont

    Added acronyms for CPM, DBE, IRI, LTRC, PCCP

    Revised/Added definitions for: Acts of God Approved Producer/Supplier

    Disqualification

    Falcon

    Fresh Concrete

    Notice of Contract Execution

    Project Limits

    Qualified Brand Name

    Railway/Railroad

    Specifications

    Work Order

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    Section 101 (Cont)

    Added the following to 101.o4 Understood Works orExpressions

    Where the party responsible for the work, testing, or samplingdescribed is not specifically identified, the work is to be performedbythe contractor

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    Section 102

    Added the following to 102.o2 Contractors Licensing Laws The contractor will be required to ensure all work performed

    conforms to Louisiana licensing laws and permit requirements

    102.06 Examination of Bid Documents and Site of Work Added that contact be through Falcon.

    102.11 Withdrawal or Revision of Bids

    Specifically added Paper Bids

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    Section 103

    Added the following to 103.o1.1 Rejection of Low Bid The low bidder is prohibited from bidding or working on any

    federally funded project by FHWA. This reason applies for state orfederally funded projects

    Added the following to 103.02 Award of Contract An enforceable contract is not created until it is fully executed by all

    parties

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    Section 104

    Added the following to 104.o2 Alteration of the Contract Verbal approval of a change order at the proper level for Category 1,

    2, or 3 Change Order will be allowed to begin critical activities.Force Account type records shall be maintained until a fullexecuted Change Order is approved

    Revised first two paragraphs of 104.03 Maintenance of Traffic The contractor shall provide for and maintain through and local

    traffic at all times and shall conduct his operations in such manneras to cause the least possible interference with traffic at junctionswith roads, streets and driveways in accordance with Section 402,unless otherwise noted in plans or special provisions

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    Section 104 Cont

    Revised first paragraph of 104.05 Guarantees Except as noted elsewhere, the contractor guarantees, by signing

    the contract, the quality of materials and workmanship, includingthat of payments and structures, provided under the contract for aperiod of 3 years after final acceptance. For National HighwaySystem (NHS) projects, the period shall be 1 year

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    Section 105

    Added to 105.03 Conformity with Plans and Specifications Other corrective actions submitted by the contractor will be

    considered by the engineer and if accepted, will be performed by thecontractor at no direct pay

    Removed from 105.03 The amount of such design cost will be the salary cost of design

    personnel plus 110 percent

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    Section 105 Cont

    Added to 105.07 Cooperation Between Contractors When a contract is let within, adjoining, or adjacent to the limits of

    existing project(s), the existing project(s) schedule of work takesprecedence over the subsequent project

    Revised 105.08 Construction Stakes, Lines and Grades States the Contractor shall set, not the Engineer

    Added to 105.11 Inspection of Work Force account records shall be kept to document possible

    reimbursement

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    Section 105 Cont

    Revised first paragraph of 105.12.1 Approval for Shipment Concrete girders, piles and major structural members are stamped.

    For other minor members or items, the shipping list or manifestwill be stamped

    Added to 105.12.1 Application of the inspectors stamp does not transfer risk of loss of

    the fabricated material to the Department

    Added to 105.15 Maintenance During Construction . periodic mowing (not to exceed 4 times per calendar year)

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    Section 105 Cont

    Added to 105.17.2 Final Acceptance If contract time is stopped by the engineer, all corrections shall be

    completed within 30 calendar days or the contract time will resumealong with any additional stipulated damages

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    Section 106

    Revised wording of 106.01 Source of Supply and QualityRequirements

    If it is found after installation that sources of supply for previouslyapproved materials do not produce specified products or results, thecontractor shall furnish materials from other sources or makenecessary changes to provide acceptable materials

    Added to 106.04 Certificates If the contract has a Buy America provision, the certificates must

    indicate compliance with the provision

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    Section 106 Cont

    Added to 106.05 Contractor Quality Control Contractor personnel shall have appropriate training and

    experience in testing procedures and methods of construction forthe work they are overseeing

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    Section 107

    Removed second paragraph of 107.05 Federal AidParticipation

    Concerning federal aid form PR-47

    Added to 107.06 Sanitary, Health and Safety Provisions The contractor shall comply with all Occupational Safety and

    Health Administration (OSHA) regulations

    Re-write of second paragraph 107.07 Public Convenience andSafety When the highway under construction is to be kept open for traffic,

    the subgrade and surfacing shall be kept in such condition that thepublic can travel in safety

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    Section 107 Cont

    Added to 107.08 Railway Highway Provisions It is the Contractor s responsibility to contact the railroad to

    determine the railroads requirements for work within the railroadright of way and to comply with the requirements. The Contractorshall attend any safety orientation/training required by theRailroad

    Other changes to 107.08 Specifically state proof of Railroad Insurance is required at the

    Project Site

    State the Certificate of Release and Contractors Affidavit can befound on DOTD website

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    Section 107 Cont

    Added to 107.14 Environmental Protection For construction operations in waters of the US, It is the

    responsibility of the contractor to ensure all appropriate permits areobtained prior to commencement of operations

    Attention is further directed to the federal , state and local airpollution control programs and their rules and regulationsregarding air pollution, especially open burning, fugitive dust and

    asphalt concrete plant restrictions

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    Section 107 Cont

    Added to 107.19 Contractors Responsibility for Work Department will reimburse, When responsible parties cannot be

    identified

    Unavoidable damage, except for materials and equipment that arenot incorporated into the work due to Acts of God

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    Section 107 Cont

    Re-wrote 107.27 Archaeological Findings and Unmarked Burials

    If the contractor encounters evidence of archaeology, operations in the

    area of the discovery shall be discontinued. The engineer will contactthe DOTD Environmental Section in order that an appropriateassessment may be made to determine the disposition thereof andnecessary actions relative to the site. Borrow and muck disposal areasfurnished by the contractor will be subject to such assessment by thecontractor prior to use.

    If the contractor discovers unmarked burial sites, human skeletalremains, or burial artifacts, operations in the area of the discovery shall bediscontinued. The contractor will notify the proper authorities, as well asthe DOTD Engineer and Environmental Section in compliance with theLouisiana Unmarked Human Burial Sites Preservation Act (RS 8:680-681)

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    Section 108

    Re-wrote 108.09 Default and Termination of Contract

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    Section 109

    Added to 109.02 Scope of Payment The contractor shall accept the summation of the products of the

    unit prices bid on the schedule of items multiplied by the actualquantity of units of measure performed for each item, as audited byDOTD, as full and final payment for all work, labor and materialsnecessary to complete the subject change only for change ordersapproved by the DOTD Chief Engineer or his designee

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    Some issues were not fully resolved:

    108.04.2, Disqualification,

    108.04.3, Disqualification Review Board,

    108.08, Failure to Complete on Time,

    108.09, Default and Termination of Contract,

    108.11, Termination of Contract

    109.03, Compensation for Altered Quantities

    108.01, Subletting of Contract