003Division 100 FINAL 20190415

101.01 GENERAL. These Standard Specifications for Road and Bridge Construction

are written to the bidder, before the award of the Contract, and to the Contractor after award. The sentences which direct the Contractor to perform work are written in active voice-imperative mood. These directions to the Contractor are written as commands. For example, a requirement to provide cold weather protection would be expressed as, “Provide cold-weather protection for concrete,” rather than “The Contractor shall provide cold weather protection for concrete.” In the imperative mood, the subject “the bidder” or “the Contractor” is understood. All other requirements to be performed by others have been written in active voice. Sentences written in active voice identify the party responsible for performing the action. For example, “The Engineer will determine the density of the compacted material.” Certain requirements of the Contractor may also be wr itten in active voice, rather than active voice- imperative mood. Sentences that define terms, describe a product or desired result, or describe a condition that may exist are not written in either active voice or imperative mood. These types of sentences that describe a condition use verbs requiring no action. For example, “The characteristics of the soils actually encountered in the subgrade may affect the quality of cement and depth of treatment necessary.”

101.02 ABBREVIATIONS. The following abbreviations, when used in the Contract,

represent the full text shown. AAN American Association of Nurserymen AAR Association of American Railroads AASHTO American Association of State Highway and Transportation Officials ADA American with Disabilities Act ADT Average Daily Traffic ACHP Advisory Council on Historic Preservation ACPA American Concrete Pavement Association ACI American Concrete Institute AGC Associated General Contractors of America AI Asphalt Institute AIA American Institute of Architects AISC American Institute of Steel Construction AISI American Iron and Steel Institute AN Advance Notification ANSI American National Standards Institute APD Appalachian Development Highway System Program APWA American Public Works Program AQ Air Quality AQR Air Quality Report ARTIMIS Advanced Regional Traffic Interactive Management and Information System ARA American Railway Association AREA American Railway Engineering Association AREMA American Railway Engineering and Maintenance-of-Way Association ASA American Standards Association (now ANSI) ASCE American Society of Civil Engineers ASLA American Society of Landscape Architects AST Above Ground Storage Tank System ASTM American Society for Testing and Materials ATSSA American Traffic Safety Services Association AVL Automatic Vehicle Location 101-1 AWPA American Wood Preservers’ Association AWWA American Water Works Association AWS American Welding Society BA Biological Assessment BDR Bridge Development Report BHR Bridge Hydraulics Report BMP Best Management Practices BTEX Benzene, Toluene, Ethylbenzene, Xylene BTS Bureau of Transportation Statistics CAAA Clean Air Act Amendment (1990) CAD Certified Agricultural District CADD Computer Aided Drawing and Design CAP Communicating All Promises CBD Central Business District CDE Chief District Engineer CE Categorical Exclusion CEQ Council on Environmental Quality CERCLA Comprehensive Environmental Response, Compensation and Liability Act CFR Code of Federal Regulations CIO Chief Information Officer CMAQ Congestion Management and Air Quality Improvement Program CMS Changeable Message Sign CO Carbon Monoxide COA Class of Action COE US Army Corps of Engineers CORS Continuously Operating Reference Stations CR County Road CRA Cultural Resource Assessment CSRP Conceptual Stage Relocation Plan CRSI Concrete Reinforcing Steel Institute CTP Comprehensive Transportation Plan CVO Commercial Vehicle Operations DAQ KNREPC, Division for Air Quality dBA Decibels (A-Weighting) DBE Disadvantaged Business Enterprise DEA Division of Environmental Analysis DEIS Draft Environmental Impact Statement DEP Department for Environmental Protection DFWR Kentucky Department of Fish and Wildlife Resources DHV Design Hourly Volume DOE Determination of Eligibility DOI US Department of The Interior DOW KNREPC, Division of Water DROD Draft Record of Decision DSEIS Draft Supplementation Environmental Impact Statement DSHE Deputy State Highway Engineer DWM KNREPC, Division of Waste Management EA Environmental Assessment EIS Environmental Impact Statement EO Executive Order EPA US Environmental Protection Agency ER Federal-Aid Highway Emergency Relief Program ESA Endangered Species Act ESBA Endangered Species Biological Assessment ESAL Equivalent Single Axle Load FAPG Federal Aid Policy Guide 101-2 FHPM Federal Highway Program Manual FHWA Federal Highway Administration FIA Federal Insurance Administration FIRM Flood Insurance Rate Maps FLH Federal Lands Highways Program FOIA Freedom of Information Act FONSI Finding of No Significant Impact FPPA Farmland Protection Policy Act FR Federal Register FRA Federal Railroad Administration FSEIS Final Supplemental Environmental Impact Statement FSS Federal Specifications and Standards, General Services Administration FTA Federal Transit Administration FWS US Fish and Wildlife Service FY Fiscal Year GIS Geographic Information System GMS Groundwater Management Systems HABS Historic American Buildings Survey HAER Historic American Engineering Record HAR Highway Advisory Radio HC Hydrocarbons HES Hazard Elimination System HOV High Occupancy Vehicle HTF Highway Trust Fund HUD Housing and Urban Development HZM Hazardous Material IA Independent Assurance ICAR Intergovernmental Coordination and Review IJR Interchange Justification Report IM Interstate System/Interstate Maintenance Program ITS Intelligent Transportation System JPC Jointed Plain Concrete KAHC Kentucky Association of Highway Contractors KAR Kentucky Administrative Regulations KCA Kentucky Concrete Association KCPA Kentucky Concrete Pavement Association KEPSC-RI Kentucky Erosion Prevention and Sediment Control-Roadway Inspectors KM Kentucky Method KNREPC Kentucky Natural Resources and Environmental Protection Cabinet KRS Kentucky Revised Statutes KTC Kentucky Transportation Center KYTC Kentucky Transportation Cabinet Leq (h) Level Equivalent for One Hour LESA Land Evaluation and Site Assessment LOS Level of Service LTAP Local Technical Assistance Program LRP Long Range Plan MAGLEV Magnetic Levitation Transportation Technology Deployment Program MASH Manual for Assessing Safety Hardware MCL Materials Central Laboratory MOA Memorandum of Agreement MOU Memorandum of Understanding 101-3 MPO Metropolitan Planning Organization MSA Metropolitan Statistical Area MUTCD Manual on Uniform Traffic Control Devices for Streets and Highways MVE Motor Vehicle Enforcement NAAQS National Ambient Air Quality Standards NAC Noise Abatement Criterion NAD83 North American Datum of 1983 NAPA National Asphalt Pavement Association NAVD88 North American Vertical Datum of 1988 NCAT National Center for Asphalt Technology NCHRP National Cooperative Highway Research Program NCR Non-Conformance Report NDR National Driver Registration NEC National Electric Code NEMA National Electrical Manufacturer’s Association NEPA National Environmental Policy Act NFIP National Flood Insurance Program NGVD29 National Geodetic Vertical Datum of 1929 NHI National Highway Institute NHPA National Historic Preservation Act NHS National Highway System NHTSA National Highway Traffic Safety Administration NIST National Institute for Standards and Technology NMA Non-Major Action NMFS National Marine Fisheries Service NOAA National Oceanic Atmospheric Administration NOV Notice of Violation NOx Nitrogen Oxides NPDES National Pollutant Discharge Elimination System NPHQ National Partnership for Highway Quality formerly National Quality Initiative (NQI) NPS National Park System NRCS National Resources Conservation Service formerly SCS NRHP National Register of Historic Places NRMCA National Ready Mix Concrete Association NSR Noise Study Report NTI National Transit Institute NTIS National Technical Information Service NTPEP National Transportation Product Evaluation Program NWIM National Wetland Inventory Map OEP FHWA Office of Environmental Policy OGC Office of General Counsel, Transportation Cabinet OMS Operations Management System OPA Office of Public Affairs, Transportation Cabinet OSA Office of State Archeologist OSHA Occupational Safety and Health Administration PAH Polynuclear Aromatic Hydrocarbons PAIKY Plantmix Asphalt Industry of Kentucky PCCC Percentage Catalyst Cold-Start PCCN Percentage Catalyst Hot-Start PE Preliminary Engineering PE Professional Engineer PM10 Inhalable Particulates PMS Pavement Management System PMS Pavement Marking System ppm Parts per Million 101-4 QA Quality Acceptance QAT Quality Acceptance Team QC Quality Control QCP Quality Control Plan QL Qualified Laboratories RCRA Resource Conservation Recovery Act ROD Record of Division RS Rural Secondary RVP Reid Vapor Pressure RWIS Road Weather Information Station SAE Society of Automotive Engineers SASHTO Southern Association of State Highway and Transportation Officials SCH State Clearinghouse SCS Soil Conservation Service SHA State Highway Agency SHE State Highway Engineer SHRP Strategic Highway Research Program SHPO State Historic Preservation Officer SIC Standard Industrial Codes SIP State Implementation Plan SOx Sulfur Oxides SP State Primary (State Maintained) SPIB Southern Pine Inspection Bureau SR State Road SS State Secondary (State Maintained) SSPC Steel Structures Painting Council STOC Statewide Transportation Operations Center STP Surface Transportation Program STIP State Transportation Improvement Program SUPP Supplemental Road (State Maintained) SYP Six Year Plan TCM Transportation Control Measures TCP Traffic Control Plan TDIP Technology Deployment Initiatives and Partnerships Program TE Transportation Enhancement Program TEBM Transportation Engineer Branch Manager TIP Transportation Improvement Program TMA Transportation Management Area TMC Transportation Management Center TRAC Transportation and Civil Engineering Program TRIMARC Traffic Response and Incident Management Assisting the River Cities TRB Transportation Research Board TSD Treatment, Storage, and Disposal TSM Transportation Systems Management TSO Time Sharing Option TSP Total Suspended Particulates UA Urbanized Area UATS Urban Area Transportation Study UL Underwriters’ Laboratory UNL Unscheduled Needs List UPWP Unverified Planning Work Program USC United States Code USCG US Coast Guard USDA US Department of Agriculture USDOT US Department of Transportation 101-5 USGS US Geological Survey USNL Unscheduled Needs List UST Underground Storage Tank VECP Value Engineering Change Proposal VPH Vehicles Per Hour VMS Variable Message Sign WBE Woman-owned Business Enterprise WCLIB West Coast Lumber Inspection Bureau WER Wetland Evaluation Report WGS84 World Geodetic System of 1984 WMA Warm Mix Asphalt WMP Wetland Mitigation Plan

101.03 DEFINITIONS. The following terms, when used in the Contract have the

meaning described. Advertisement A public announcement, inviting Bid Proposals to perform work or furnish materials. Authorized Adjustment A written order issued by the Engineer to the Contractor detailing changes to the specified work quantities that do not increase or modif y the sco pe of the ori ginal Contract. As Built Plans The final Plans reflectin g all chan ges to the ori ginal Plans. Award The acceptance b y the Department of a Bid Proposal. Base Course See definition for Pavement Structure. Best Mana gement Practice Plan The documentation detailing how the Contractor intends to conform to the re quirements of Section 213 of the Standard S pecifications. Bidder An individual, partnership, firm, corporation, or any acceptable combination thereof, or joint venture, submittin g a Bid Pro posal. Bid Proposal The offer of a bidder, on the prescribed form, to perform the work and to furnish the labor and materials at the prices quoted. Brid ge A structure, including supports, erected over a depression or an obstruction, such as water, a highway, or a railway, and carrying traffic or other moving loads via a track or passageway and with an opening measured along the center of the roadway of more than 20 feet between undercopings of abutments, spring lines of arches, or extreme ends of openin gs for multiple boxes. Bridge Length - The dimension of a structure measured along the center of the roadway between backs of abutment headwalls or between ends of the brid ge floor. Bridge Roadway Width - The clear width of a structure measured at right angles to the center of the roadway between the bottom of curbs or, when curbs are not used, between the inner faces of a parapet or railin g. Cabinet The Kentuck y Transportation Cabinet. Calendar Da y Any day shown on the calendar, be ginnin g and endin g at midni ght. 101-6 Chan ge Order A written order issued by the Engineer to the Contractor detailing significant changes to the specified work quantities or that increase or modify the scope of the original Contract. Upon execution by the Contractor and Commissioner, the Change Order becomes a Supplemental Agreement. A Change Order may also necessitate the Engineer to prepare and submit a Construction Revision, i.e. where changes involve adjustments to right of way, typical sections or pavement structures, major components, etc. A Change Order may additionally require the Cabinet to execute an Official Order when project limits are adjusted or when major project scope changes are needed. Channel A natural or artificial watercourse. Codes Code numbers listed with pay items are bid item code numbers used in pro ject Bid Proposals. Commercial Quality or Grade Materials readily available from commercial sources. These materials require no samplin g or testin g. Commissioner Chief Executive Officer of the Department of Highways or a duly authorized representative. When this title is not formally assigned, the Secretar y of the Trans portation Cabinet assumes this role. Commonwealth The Commonwealth of Kentucky. Construction Revision Any change in the Plans authorized by the Department. Contract The written agreement between the Department and the Contractor setting forth the obligations of the each party for the performance of the prescribed work. The Contract includes the Bid Proposal, Contract Form, Contract Payment Bond, Contract Performance Bond, Standard Specifications, Supplemental Specifications, Standard Drawings, Plans, Special Provisions, Special Notes, Questions and Answers from the Division of Construction Procurement Website, DBE Utilization Plan when applicable, Notice of Award, Notice to Begin Work, all change orders, and all Su pplemental A greements, all of which constitute one instrument. Contract Form A document describing the work and the specifications to which the work shall be performed, which, when signed by an agent of both the Department and the Contractor, binds both parties to the terms described therein. Contract Pa yment Bond The form of security furnished by the Contractor and his surety and approved by the Commissioner as security for the faithful payment in full of all legal accounts for labor, materials, and supplies furnished in the Contract. Contract Item or Pay Item A specific unit of work that a price is provided for in the Contract. Contract Performance Bond The security furnished to the Department to guarantee completion of the work accordin g to the Contract. 101-7 Contract Time The number of working days or calendar days allowed for completion of the Contract. When a calendar date of completion is shown in the Bid Proposal instead of a number of working or calendar da ys, com plete the Contract b y that date. Contractor The individual, partnership, firm, corporation, or any acceptable combination thereof, or joint venture, contracting with the Department of Hi ghways for performance of the work. Controllin g Item or Operation An item or operation that, if delayed, will delay the completion time of the Contract. The Engineer will determine the controlling items or operations based upon the Contractor’s submitted scheduling documents. When a Critical Path Method schedule is required, the controlling items or operations will be determined from the Critical Path. Count y The coun ty containin g the pro ject. Culvert Any structure not classified as a bridge providing an opening under the roadway. Department The Kentuck y Department of Hi ghways. Design Quantit y The ori ginal Contract quantit y not includin g contin gencies. Detour Digital ID Disadvantaged Business Enterprise (DBE) The directing of traffic onto another roadway to bypass a temporary traffic control zone. A unique electronic encryption ke y that allows contractors to digitally sign bids submitted via the Bid Express Bidding Service. A for profit small business where socially and economically disadvantaged individuals own at least 51 percent interest and also control management and daily business operations of the company. Diversion The directing of traffic onto a temporary roadway or alignment placed in or next to the ri ght-of-wa y. Emplo yee Any person working on the project who is under the direction or control of, or receives compensation from, the Contractor or subcontractor. Engineer The State Highway Engineer of the Department, or a duly authorized representative responsible for engineering supervision of the Contract. Equipment All machinery and equipment, together with the necessary supplies for upkeep and maintenance, and also tools and apparatus necessary for the proper construction and acce ptable com pletion of the work. Extra Work An item of work not provided for in the Contract as awarded but found essential by the Engineer for the satisfactory completion of the Contract. 101-8 Federal Pro ject Any project funded wholl y or in part by the Federal Government. Final Estimate The final Contract payment amount for all quantities of work includin g all chan ges from the desi gn quantit y. Force Account A basis of payment for the directed performance of highway construction work with payment based on the actual cost of labor, equipment, and materials furnished and considerations for overhead and profit accordin g to Subsection 109.04. Formal Acceptance Acceptance by the Department upon completion of all the requirements of the Contract, which relieves the Contractor of further obli gation for the work. Highway A general term denoting a public way for purposes of vehicular travel, includin g the entire area within the ri ght-of-wa y. Highway Separation Any structure carrying highway traffic over or under another highway or street. Highway-Railwa y Separation Any structure carrying highway traffic over or unde r the tracks of any railwa y. Holida ys New Year’s Da y. The first day of January plus one other day determined b y the Governor of Kentuck y each year. Martin Luther Kin g Day. The third Monda y in Januar y. Good Frida y. Frida y before Easter. Memorial Da y. The last Monda y in Ma y. Independence Da y. The fourth da y of Jul y. Labor Da y. The first Monda y in Se ptember. Presidential Election Da y. The first Tuesday after the first Monday in November of presidential election years. Veteran’s Da y. The eleventh da y of November. Thanks giving Day. The fourth Thursday in November plus the followin g Frida y. Christmas Da y. The twenty-fifth day of December plus one other day determined b y the Governor of Kentuck y each year. These holidays are subject to subsequent changes by the General Assembl y of the Commonwealth of Kentuck y. Independent Assurance The Department’s Division of Materials will conduct testing to provide an unbiased and independent evaluation of all sampling and testin g procedures used in the acceptance pro gram. Inspector The Engineer’s authorized representative assigned to make detailed inspections of Contract performance. Laborator y The official testin g laborator y of the Department. Local Traffic Traffic that has either its origin or destination at some point within the limits of the project or an adjacent project. Local traffic includes traffic on all side roads that lead into the project without another satisfactory outlet over a passable road or street and school buses and mail deliver y vehicles makin g stops within the pro ject. 101-9 Major and Minor Items All original Contract items having a value of 10 percent or more of the original Contract amount, based on the original Contract price and original estimated quantity, are major items. All remaining items are minor items. Masonr y Concrete or stone masonr y. Materials Any substances used in connection with the construction and maintenance of an y structure or the roadwa y and its appurtenances. Median The portion of a divided highway separating the traveled ways for traffic movin g in opposite directions. Minor Structures Any structure not classified or defined as a bridge or a culvert, including catch basins, inlets, manholes, retaining walls, steps, buildin gs, fences, and other miscellaneous items. New Never been used before. Non –Conformance Report A formal written document of notification detailing a deficiency, or non-conformance in characteristic, documentation, or procedure, which renders the quality of an item or activity unacceptable or indeterminate. Corrective action is required, including but not limited to, supportive documentation of correction for the deficiency. Notice of Award Written notice to the Contractor stating that their Bid Proposal has been accepted by the Cabinet. Notice to Contractors The official notice inviting bids for the proposed highway improvements. Notice to Be gin Work Written notice to the Contractor to proceed with the Contract work. When applicable, the Engineer will begin counting Contract time (workin g days) startin g with the Notice to Be gin Work date. Pavement Structure The combination of base course and surface course placed on a subgrade to support the traffic load and distribute it to the roadbed. Subgrade. The top surface of a roadbed upon which the pavement structure and shoulders includin g curbs are constructed. Base Course . The layer or layers of specified or selected materials of designed thickness placed on a subgrade to support a surface course. Surface Course (Wearin g Course). One or more layers of a pavement structure designed to accommodate the traffic load, the top layer of which resists skidding, traffic abrasion, and the disinte grating effects of climate. Pay Item or Contract Item A specific unit of work that a price is provided for in the Contract. Plans The approved Contract drawings including the plan, profile, and cross section sheets; general notes; the workin g drawin gs; 101-10 supplemental drawings; and construction revisions showing the location, type, character, dimensions, and details of the work required. Professional Archaeologist An individual with a Masters degree in archaeology or anthropology, or an individual with Society of Professional Archaeologists certification, specializ ing in historic or prehistoric archaeology and having field experience in archaeological investigation. Profile Grade The trace of a vertical plane intersecting the top surface of the proposed wearing surface, usually along the longitudinal centerline of the roadbed. Profile grade mean s either the elevation or gradient of such trace accordin g to the context. Project The specific section of the highway, including approaches and all appurtenances, and construction to be performed under the Contract. Pro ject Completion The satisfactory completion of all work relating to both Contract Bid Proposal items and items added b y supplemental a greement. Project Completion Notice The notice issued by standard form that the Project has been satisfactoril y completed and is read y for final inspection. Proper Local Authorities Officials authorized by law to act for counties and other civil subdivisions. Proposal Guarant y The security furnished with a Bid Proposal guaranteeing that a bidder submitting an accepted Bid Proposal enters into the Contract. Qualit y Acceptance Qualit y Control Qualit y Control Plan Qualified Laboratories Ramp QA consists of all plann ed and systematic actions necessary, including construction inspection and contract administration, to provide adequate confidence that a product or service will satisfy specified requirements for quality. QA serv es to pro vide confidence in the Contract requirements, which include materials handling and construction procedures, calibration and maintenance of equipment, production process control and any sampling, testing and inspection which is performed by the Department for these purposes. The sum total of activities performed by the Contractor to ensure the end product meets the Contract requirements. A detailed description in manual format of the type and frequency of inspection, staffing, materials handling and construction procedures, calibration and maintenance of equipment, productio n process control, sampling, and testing deemed necessary to measure and control quality as specified by the Contract documents. Department approved laboratories used for sampling and testing of material. An in terco nnecting roadway o f a traffic interchange, or a connection between highways at different levels or between parallel highways on which vehicles may enter or leave a designated 101-11 roadwa y. Responsive Bid A Bid Proposal which conforms to all requi rements of the proposal pamphlet. Responsible Bidder A bidder who is physically organized and equipped with the financial resources to undertake and complete the contract. Responsible Contractor A Contractor that has the requisite skill, resources, desire, and integrity to complete the work in conformance with the provisions of the Contract. Right-of-Wa y A general term denoting land, property, or interest, acquired for or devoted to transportation purposes. Road A general term denoting a public way for purposes of vehicular travel, includin g the entire area within the ri ght-of-wa y. Roadbed The graded portion of a highway within the top and side slopes, prepared as a foundation for the pavement structure, shoulders, and median. Roadside A general term denoting the area adjoining the outer edge of the roadway. Extensive areas between the roadways of a divided highway may also be considered roadside. Roadside Development Those items necessary to the complete highway providing for the preservation of landscape materials and features; the rehabilitation and protection against erosion of all areas disturbed by construction through seeding, sodding, mulching, and the placing of other ground covers; such suitable planting and other improvements as may increase the effectiveness and enhance the appearance of the hi ghway. Roadwa y The portion of a hi ghway within the limits of construction. Shoulder The portion of the roadway contiguous with the traveled way for accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses. Sidewalk That portion of the roadway outside normal vehicle paths constructed primaril y for the use of pedestrians. Skew or Skew Angle The acute angle formed by the intersection of a line normal to the centerline of the roadway with a line parallel to the face of the abutments, or in the case of culverts, with the centerline of the culverts. Special Notes See definition for Specifications. Special Provisions See definition for Specifications. Specifications A general term applied to written directions, provisions, and requirements pertainin g to performance of the work. Specifications 101-12 are included in documents such as the Special Notes, Special Provisions, Standard Specifications, or Supplemental Specifications. Special Notes. Specifications developed for a specific item of work which may be appropriate only for a particular project but may become standard if regularly used as future projects using the item develop. Special Provisions . Additions and revisions to the Standard and Supplemental Specifications covering conditions peculiar to an individual pro ject. Standard Speci fications. A book of specifications approved for general application and repetitive use by the Department entitled, “Standard Specifications for Road and Bridge Construction”. Supplemental Speci fications. Additions and revisions to the Standard Specifications that are made subsequently to issuance of the Standard S pecifications. Specified Com pletion Date The date by which the Contract work is specified to be completed. Standard Drawin gs Detailed drawings approved for repetitive use. Standard S pecifications See definition for Specifications. State Hi ghway Engineer The State Highway Engineer of the Department acting directly or throu gh an authorized re presentative. Street A general term denoting a public way for purposes of vehicular travel in a cit y, includin g the entire area within the ri ght-of-wa y. Structures Bridges, culverts, or minor structures. Subcontractor An individual, firm, or corporation who, with the written consent of the Department, subcontracts any part of the Contract. First tier Subcontractors are those to whom the Contractor subcontracts a portion of the work. Second tier Subcontractors are those to whom a first tier Subcontractor subcontracts a portion of the work. Sub grade See definition for Pavement Structure. Substructure All of that part of the structure below the bearings of simple and continuous spans, skewbacks of arches and tops of footings or rigid frames, together with the back walls, wingwalls, and wing protection railin gs. Superintendent The Contractor’s autho rized representative in responsible charge of the work. Superpave Mix Design Technologist (SMDT) An inspector qualified by the KYTC to submit, adjust, or approve asphalt mix designs. Superpave Plant An inspector qualified b y the KYTC to perform routine inspection 101-13 Technolo gist (SPT) and process control, acceptance, or verification testing on asphalt mixtures. Superstructure The entire structure except the substructure. Supplemental Agreement A written agreement executed by the Contractor and the Commissioner, with the consent of the surety when required, covering significant changes, and revised or new unit prices and items, that supplements the original Contract. See also Change Order. Supplemental Drawings Drawings included in the Plans to specify construction details. Supplemental Specifications See definition for Specifications. Suret y The corporation, firm, or individual, other than the Contractor, executin g a bond furnished b y the Contractor. Surface Course (Wearing Course) See definition for Pavement Structure. Temporar y Structures Structures required for the use of traffic during construction and not remainin g a part of the permanent roadwa y. Throu gh Traffic All traffic other than traffic defined as Local Traffic. Titles or Headin gs The titles or headings of the Sections and Subsections herein are intended for convenience of reference and shall not have any bearin g on their interpretation. Traveled Wa y Typical Section Warm Mix Asphalt The portion of the roadway used for the movement of vehicles, exclusive of shoulders and auxiliary lanes. The cross section(s) established by the plans which represent the work to be performed by the Contractor. The typical section is represented by all earthwork requ ired to perform the work as depicted in the cross sections (i.e. the disturb limits). An asphalt mixture which any of the approved “warm mix technologies” such as water injection, chemical additives, or wax additives have been utilized. Work The furnishing of all labor, materials, equipment, and other incidentals necessary or convenient to the successful completion of the project or Contract item and the performance of all duties and obli gations imposed b y the Contract. Workin g Day A calendar day, exclusive of Saturday, Sunday, holidays, or days when the weather, seasonal, or temperature limitations of the specifications, or other conditions beyond the control of the Contractor, prevent, as judged by the Engineer, construction operations from proceeding for at least 5 hours by the normal working force engaged in performing the controlling item or items of work. 101-14 Workin g Drawin gs Stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam pl ans, bending diagrams for reinforcing steel, or any other supplementary plans or similar data the Contractor is required to submit to the En gineer for review. 101-15 SECTION 102  BIDDING REQUIREMENTS AND CONDITIONS

102.01 PREQUALIFICATION OF BIDDERS. All organizations and individuals

bidding on Department projects and accepting subcontracts on Department projects must apply for and receive Department prequalification and possess a Certificate of Eligibility as provided in regulations published by the Department according to KRS Section 176.140. The Department reserves the right to waive this requirement on certain projects in connection with the letting of contracts not covered by the statutes. The Department will place a waiver of this requirement in the Notice to Contractors and the Bid Proposal for such projects.

102.01.01 Joint Ventures. A request to bid as a Joint Venture must be made with the

Department. This requires the submittal of the TC 14-320 Request for Joint Venture form. All companies within the Joint Venture shall be prequalified with the Department. The Department will issue a vendor number for the Joint Venture once the request is received and approved.

102.02 CURRENT RATING. The Department will determine the current capacity

rating of a bidder as the net difference between the bidder’s maximum capacity rating as set forth in a Certificate of Eligibility and the total value of uncompleted Contract work, held as a prime contractor, that the bidder is performing for any owner . The Department shall review all Bid Proposals and the value of uncompleted contract work for the apparent low bidder. A bidder that is over their maximum capacity rating will be removed from consideration of Award. The Department will determine the value of uncompleted Contract work held as a prime contractor with the Department, by summation of all work remaining on the last approved pay estimate for each uncompleted contract. Th e prime contractor is responsible for the entire amount of the project as the Department will not give credit for any subcontracted work.

102.02.01 Current Capacity of Joint Venture. The Department will determine the

current capacity rating for each company of a joint venture by dividing the total electronic bid submittal of the joint venture equally among the total number of contractors in the joint venture. The Department will divide the total value of the uncompleted work on the joint ventured project equally among the contractors in the joint venture when determining each bidder’s current capacity rating.

102.03 BIDDER REGISTRATION. Any company desiring to bid on a project that is

advertised in the Department’s letting must register with the Department utilizing the bidder registration form. All bidder registration forms must be received by the Department by 3:00 PM prevailing time on the day preceding the letting.

102.04 EXCLUSION FROM EL IGIBLE BIDDER LIST. The Department may refuse

to place a bidder on the eligible bidder’s list for any of the following reasons:

102.05 CONTENTS OF BID PROPOSAL. The Bid Proposal provides the location and

description of the proposed work, the approximate estimate of the various quantities and kinds of work to be performed or materials to be furnished, and includes a schedule of items for which unit bid prices are requested. The Bid Proposal states the time allowed to perform the work, the amount of the Proposal Guaranty, and the date and time of Bid Proposal opening. The Bid Proposal also includes any special provisions or requirements varying from or not contained in the Standard Specifications. The Department considers the Plans, Specifications, and other documents designated in the Bid Proposal form a part of the Bid Proposal whether attached or not.

102.06 INTERPRETATIONS OF QUANTITIES IN BID PROPOSAL. The

quantities in the Bid Proposal are approximate only and are prepared for comparison of bids. The Department will pay the Contractor only for the actual quantities of work performed and accepted or materials furnished according to the Contract. The Department may increase, decrease, or omit the estimated qu antities of work and materials furnished.

102.07 Examination of Plans, Specifications, Special

PROVISIONS, SPECIAL NOTES, AND SITE OF WORK. Examine the site of the proposed work, the Bid Proposal, Plans, Standard Specifications for Road and Bridge Construction and applicable Supplemental Specifications, Questions and Answers from the Division of Construction Procurement Website, contract forms, bulletins and addendums posted to the Department’s website and the Bid Express Bidding Service Website before submitting the Bid Proposal. The Department considers the submission of a Bid Proposal clear evidence that the bidder has made such examination and is satisfied as to the conditions to be encountered in performing the work and as to the requirements of the Contract. Professing ignorance or a misunderstanding regarding requirements of the work by the Prime Contractor or any subcontractor or supp lier, does not in any way serve to modify the provisions of the Contract. Consider existing fi eld conditions, utilities, soil characteristics, traffic control, and other jobsite characteristics as requirements of the contract to be dealt with accordingly.

102.08 Preparation and Delivery of Bid Proposal.

102.08.01 Preparation of the Bid Proposal. Submit the Bid Proposal through the

Bid Express Bidding Service website ( www.bidx.com ). The bidder must furnish a unit price or lump sum price as called for in the Bid Proposal, in numerical figures, for each pay item listed. In the case of alternates, bid on only one alternate for each construction item. Enter prices for the intended alternate item(s) of construction and leave the undesired alternate item(s) of construction blank. The electronic bidding software allows for only one alternate to be bid.

102.08.02 Delivery of Bid Proposal. A Digital ID must be obtained in order to

electronically sign the Bid Proposal. Registration is required through Bid Express to obtain a Digital ID for electronic bidding. A Digital ID must be approved prior to submission of a Bid Proposal through Bid Express. A Digital ID is required for companies bidding individually as well as Joint Ventures. Use the Department’s electronic bidding software located on the Bid Express Bidding Service Website (www.bidx.com). Download th e bid file from this site to prepare an electronic bid through the Bid Express Bidding Service for submission to the Department. For revisions to the proposal regarding bid items or quantities, the Department will provide 102-2 an amendment to the electronic bidding file indicating the revision date. Use the amended electronic bidding file in preparing the Bid Proposal. The Department takes no responsibility for the compatibility with the bidder's computer equipment or software.

102.09 PROPOSAL GUARANTY. The Department will reject any Bid Proposal that is

not accompanied by a Proposal Guaranty in an amount no less than the amount indicated on the Bid Proposal. If the electronic bid bond was not utilized with the Bid Express Bidding Service, a Proposal Guaranty in the form of a cashier’s check, certified check or paper bid bond will be acceptable. A paper bid bond, cashier’s check, or certified check made payable to the Kentucky State Treasurer shall be received in the Division of Construction Procurement prior to the time of the Letting. 102.10 WITHDRAWAL OR REVISION OF BID PROPOSAL. A Bid Proposal may be withdrawn or revised in accordance with the requirements of the Bid Express Bidding Service prior to the time of the Letting.

102.11 COMBINATION BID PROPOSALS. The Department may issue Bid Proposals

for projects in combination or separately. Submit Bid Proposals on either the combination and/or the separate projects of the combination. The Department reserves the right to make awards on combination bids or separate bids whichever is to the best advantage of the Department.

102.12 PUBLIC OPENING OF BID PROPOSALS . The Department will publicly

announce all Bid Proposals at the time indicated in the Notice to Contractors.

102.13 IRREGULAR BID PROPOSALS. The Department will consider Bid Proposals

irregular and will reject them when the bidder either:

102.14 DISQUALIFICATION OF BIDDERS. The Department may consider any of

the following reasons sufficient for the disqualification of a bidder and the rejection of the bidder’s Bid Proposal(s): 102-3

102.15 PROCESS AGENT. Every corporation or limited liability company doing

business with the Department shall submit evidence of compliance with KRS Sections 14A.4-010, 271B.11-010 -271B.11-80, 271B.5- 010 and 271B.5-025, and 271B.16-220, or 275.115 and must file with the Department the name and address of the process agent upon whom process may be served. Every individual residing in another state, or members of a co-partnership who reside in another state, doing business with the Department shall file with the Department the names and addresses of at least 2 persons residing in Kentucky upon whom process may be served. When any change is made in any such corpor ation’s, individual’s, co-partnership’s, or limited liability company’s process agent, the corporation, individual, co-partnership, or limited liability company shall immediately file with the Department a statement of the change. The former agent shall remain agent for the purpose of service of process until the bidder files a statement with the Department designating the new agent. Submit or file evidence of compliance with the KRS Sections cited above and/or designation of process agents, as required by this section, with the Department at the time of qualifying or at the time of submitting a Bid Proposal, or at any time prior to the issuance of the Contract and work order and/or purchase order. 102-4 SECTION 103  AWARD AND EXECUTION OF CONTRACT

103.01 CONSIDERATION OF BID. After opening and announcing the Bid Proposals,

the Department will compare the Bidders’ proposed prices. The Department will review Bid Proposals based on the summation of the products of the unit bid prices and the approximate quantities. The results of such comparisons are made public on the Department’s website and listed as the Unit Bid Tabulation for each letting. Should any responsive bidder be low on more Bid Proposals than the bidder is qualified to handle under their certificate of eligibility, the Department reserves the right to select from the Bid Proposals submitted and award to the Contractor those that are most advantageous to the Department. The bidder’s other submitted Bid Proposals will not be considered in deciding awards. The Department reserves the right to reject any or all Bid Proposals and/or to waive minor technicalities if doing so is in the best interest of the Commonwealth.

103.02 AWARD OF CONTRACT. Unless rejecting all Bid Proposals, the Department

will award the Contract to the lowest responsive bidder, without discrimination on the grounds of race, creed, color, sex, or national origin, whose Bid Proposal complies with the requirements of the law, the regulations, and the Contract. The Department may reject unbalanced Bid Proposals and award the Contract to the next lowest responsive bidder. The Department will normally award or reject a Contract within 10 working days after the opening of the Bid Proposals unless the Department deems it best to hold the Bid Proposals of any or all bidders for a period not to exceed 60 calendar days for final determination of award. Contracts containing a Disadvantaged Business Enterprise (DBE) goal must have a TC 14-35 DBE Utilization Plan submitted and approved prior to award. Should the bidder fail to reach the designated DBE percentages, then the Department will consider whether the bidder made reasonable efforts to meet these percentages prior to issuing a work order. The Department may hold the Bid Proposal of the lowest responsive bidder longer than 60 days if the bidder concurs. The Department will send the official Notice of Award to the email address submitted on the TC 14-1 Certificate of Eligibility application.

103.03 CANCELLATION OF AWARD. The Department reserves the right to cancel

the award of any Contract at any time prior to the execution of the Contract by all parties, without any liability to the Department.

103.04 RETURN OF PROPOSAL GUARANTIES. Immediately after the opening and

review of Bids, the Department will return Proposal Guaranties provided in the form of a certified check or cashier’s check, unless they ar e one of the three lowest responsive bidders. After the Awards Committee meeting, the Department will return any outstanding Proposal Guaranties that are in the form of a certified check or cashier’s check to any remaining unsuccessful Bidder. After the successful Bidder has been issued an executed contract and a Notice to Proceed, the Department will return their Proposal Guaranty to the successful Bidder upon request. The Department will not release a bidder from the obligations of the Bid Proposal because of an alleged error in the preparation of the Bid Proposal unless the Department retains the bidder’s Proposal Guaranty.

103.05 REQUIREMENT OF CONTRACT BONDS. To be acceptable to the

Department, the surety must have a minimum A. M. Best rating of an “A-”, be listed on the U.S. Treasury Listing of approved sureties for an amount equal to or greater than the amount of the bond and be an admitted carrier in the Commonwealth of Kentucky. Submit Contract bonds conditioned upon the faithful performance of the requirements of the Contract and any modifications in conformity with the Contract; payment of proper compensation under the required labor and wage conditions as provided in the Contract; payment of claims against the Contractor for materials, labor and supplies; and reimbursement to the 103-1 Department for any overpayment made on the Contract. Maintain the Contract bonds in full force for the time required by law. If at any time during the performance of the Contract the surety company falls below the minimum a cceptable requirements, the Contractor shall file new bonds in an amount established by the Commissioner, or his designee, within 14 calendar days of such failure to meet the minimum requirements. The surety of the Contract bonds shall only sign a prescribed form through a duly appointed power of attorney with certifications acceptable to the Department. File an attested copy of all certifications of attorney s-in-fact with the Franklin County Court Clerk prior to submission to the Department and file a certified copy with the Department. All non-resident agents of Kentucky signing the bonds as representatives of a surety company shall obtain the countersignature of a licensed Kentucky agent of the insurer as required by law. All appointments of attorneys-in-fact shall contain a provision that the appointment will not be revoked without giving the Department notice in writing at least 30 calendar days prior to the effective date of the revocation and filing same with the Franklin County Court Clerk. More than one surety may execute a bond for any one Contract, and, in such event when 2 or more sureties are provided on such bond, each surety shall be liable and obligated for the full amount required herein before. The Department reserves the right to copy the surety on all of its communications with the Contractor concerning the Contractor’s performance, or performance deficiencies, on the project and further reserves the right to communicate directly with the surety to inform them of the Contractor’s performance, or performance deficiencies, on the bonded project.

103.06 EXECUTION OF CONTRACT. Within 15 calendar days after receiving the

Contract, execute and return to the Department along with the following items:

103.07 APPROVAL OF CONTRACT. The Contract is not binding until the

Commissioner executes it and certain agencies of the Commonwealth, as required by law, certify that sufficient funds are available.

103.08 FAILURE TO EXECUTE CONTRACT. The bidder’s failure to execute the

Contract or to comply with all requirements of Subsection 103.06 within 15 calendar days after receipt of the Contract will be just cause for the Department to nullify the award. It is understood by both the bidder and the Commissioner that, in the event of the annulment of the award, the bidder will be considered in default. The Department will obtain liquidated damages for the bidder’s default. The amount of the damages will be the smaller of the two possible amounts. The first possible amount is the total amount of the Proposal Guaranty of the bidder that is considered in default. The second possible amount is the difference between the bid of the bidder being 103-2 held in default and the amount of the bid awarded to the next responsive bidder. The damages associated for single bid contracts will be equal to the amount of the Proposal Guaranty. The Department can then make an award to the next lowest responsive bidder; or re-advertise the work or take other action as provided by statute on this subject, as the Commissioner may elect. A bidder who forfeits a Proposal Guaranty according to this Section will not be considered for bidding given the situations below. These prohibitions shall apply to any other name under which the same person, affiliate, individual, partnership, company, firm, limited liability. corporation, association, cooperative, or other legal entity may be operating in which the principal owners are involved. The prohibitions shall be:

104.01 INTENT OF CONTRACT. The intent of the Contract is to provide for the

construction and completion of the full scope of the work described. Furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work according to the Contract.

104.02 Alterations of Plans Or Character of Work.

104.02.01 General. At any time, and without invalidating the Contract or releasing

the surety, the Engineer reserves the right to make, in writing, changes in quantities and alterations in the work when necessary to complete the project satisfactorily. Perform the work as altered. When alterations or changes in quantities si gnificantly change the character of the work under the Contract, the Department will adjust the Contract. The Department will not consider loss of anticipated profits. Before performing the significantly changed work, reach agreement with the Department concerning the basis for the adjustment. Absent an agreement, the Engineer will determine a fair and equitable adjustment. An adjustment to the unit price for an item whose final quantity is less than 75 percent of the original bid quantity will be considered if the Contractor can show that fixed expenses could not be fully recovered du e to the decreased quantity. However, total payment for the item shall not exceed 75 percent of original contract item times contract unit bid. A decrease in price due to a significant change may be requested by either party. If both the Engineer and Contractor are in agre ement with the new price then a supplemental agreement shall be executed as per Section 109.04.01. If an agreement cannot be reached then the Contractor will be directed to perform the affected work on a force account basis as per Section 109.04.02 except the final payment per unit shall not exceed what would have been made at the contract unit bid price. If the alterations or changes in quantities do not significantly change the character of the work, the Department will make payment as provided elsewhere in the Contract. A significant change occurs when:

104.02.02 Overrun and Underrun Formulas. The Department will use the

following supplemental formulas to determine the adjusted unit prices for the items listed herein when a listed item is a major item and either an underrun or overrun of more than 25 percent occurs in its constructed quantity. This formula does not apply to items not specifically listed in this Subsection. The excessive underrun of an item is defined as 75 percent of the original Contract quantity of the item minus the final quantity of the item. The excessive overrun of an item is defined as the final quantity of the item minus 125 percent of the original Contract quantity of the item. The Department will apply this subsection when all the following conditions are met:

104.02.03 Differing Site Conditions. Differing site conditions exist when one party

discovers that:

104.03 EXTRA WORK. Perform Extra Work for which there is no quantity or price in

the Contract only by supplemental agreement. The Department will pay for this Extra Work at a unit price or lump sum price agreed upon and included in a written supplemental agreement executed by all parties to the Contract as specified in Subsection

109.04 The Department will consider an extension of Contract time for Extra Work

according to Subsection 108.07. When requested by the Engineer, provide justification and all necessary documentation to support proposed prices or time extensions. The Engineer may direct, in writing, time-sensitive or emergency work be progressed while the supplemental agreement is being processed. In the event work is directed without an executed supplemental agreement, cost records shall be kept and reconciled daily conforming to specification 109.04.02. Waiting for an executed supplemental agreement when the Engineer directs work to progress as above, waives the right to claim for delays associated with the subject extra work.

104.04 RIGHTS IN AND USE OF MATERIALS FOUND ON THE WORK. The

Contractor, with the Engineer’s approval, may use on the project stone, gravel, sand, or other material found in the excavation that the Engineer determines is suitable. The Department will pay both for the excavation of such materials at the corresponding Contract unit price and for the pay item for which the excavated material is used. Replace all excavated material so removed and used with other acceptable material at no additional expense to the Department. The Department will not charge the Contractor for the materials found in the excavation and used in the work. Do not excavate or remove any material from outside the grading limits, as indicated by the slope and grade lines, without the Engineer’s written authorization. Take ownership of and dispose of any materials of value, such as merchantable timber or coal, that may be encountered during construction of the project and that are not necessary to perform or complete the work. Leave a sufficient amount of material on the site to complete the project according to the Contract. 104-3 SECTION 105  CONTROL OF WORK

105.01 Authority of Department Personnel.

105.01.01 Authority of the Engineer. The Engineer will decide all questions

regarding the quality and acceptability of materials furnished, work performed, and the rate of progress of the work; all interpretation of the Plans and Specifications; and the acceptable fulfillment of the Contract. The Engineer will, in writing, suspend the work, wholly or in part when the Contractor fails to correct conditions unsafe for the workmen or the general public; for failure to carry out Contract provisions; for failure to carry out orders; for periods of unsuitable weather; for conditions unsuitable for the prosecution of the work; or for any other condition or reason determined to be in the public interest. The Engineer will decide all questions concerning the interpretation of the Contract relating to the work, and all questions concerning the acceptable fulfillment of the work performed by the Contractor. The Engineer will determine the quantity and quality of the several kinds of work performed and materials furnished that the Department will pay for under the Contract, and such decision and estimate will be final and conclusive. In case any question arises, the Engineer’s estimate will be a condition precedent to the right of the Contractor to receive any money due under the Contract. The Contractor may appeal to the Commissioner any decision of the Engineer by procedures outlined in Subsection 105.13. The Engineer will answer any questions as to the meaning of the Contract, or any obscurity as to the wording of the Contract and give all directions and explanations necessary to make definite any of the provisions of the Contract, or necessary to complete or give them due effect. The Contractor may request and the Engin eer will provide written instructions concerning any significant item. Staff Engineers and Engineering Technologist Supervisors have the authority to inspect the work, coordinate inspection activities, and reject substandard work and materials; however, all plan changes and/or project decisions shall be authorized by the Engineer.

105.01.02 Authority of Inspectors. Inspectors employed by the Department are

authorized to inspect all work performed and materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials furnished. The inspector is not authorized to alter or waive provisions of the Contract. The inspector is not authorized to issue instructions contrary to the Contract, or to act as foreman for the Contractor. However, the inspector has the authority to reject work or materials until any questions at issue are referred to and as the Engineer decides.

105.01.03 Inspection of Work. Provide the Engineer access to all materials and each

part or detail of the work, and furnish the Engineer with such information and assistance as required to make a complete and detailed inspection. At the Engineer’s request, at any time before acceptance of the work, remove or uncover such portions of the finished work as directed. After examination, restore said portions of the work to the standard required by these Specifications. Should the work thus exposed or examined prove acceptable, the Department will pay for the uncovering, or removing, and the replacing of the covering or making good of the parts removed as Extra Work. Should the work so exposed or examined prove unacceptable, perform the uncovering, or removing, and the replacing of the covering or making good of the parts removed at no expense to the Department. As the Engineer directs, remove and replace, at no expense to the Department, all work performed or materials used without the Engineer’s supervision or inspection, unless the Engineer failed to inspect after having been given 3 working days notice in writing that the work was to be performed. When any unit of government or political subdivision or any railroad corporation pays a portion of the cost of the work covered by the Contract, provide access to its respective representatives to inspect the work. Such inspection in no way makes any unit of government or political subdivision or any railroad corporation a party to this Contract, and 105-1 in no way interferes with the rights of either party hereunder.

105.01.04 Removal of Defective and Unauthorized Work. Remedy, or remove and

replace in an acceptable manner, at no expense to the Department, all work which has been rejected. The Department will consider any work performed beyond the lines and grades specified in the Plans or as given, except as herein provided, or any Extra Work performed without a supplemental agreement, as unauthorized and at no expense to the Department. The Department will not measure such work for payment. Should the Contractor decline or neglect to begin the removal and the replacement of any defective work or remove any unauthorized work within the amount of time stated in a written notice to do so has been given him, the Department may retain all monies due or which may become due the Contractor until the requirements of these Specifications have been met. When deemed best by the Commissioner, the Commissioner will employ the necessary labor to make good or remove such defective or unauthorized work and deduct the cost from any monies due or to become due the Contractor.

105.02 PLANS AND WORKING DRAWINGS. Roadway plans will, in general, show

alignment, profile, typical section of improvement, and general cross sections. Structure plans will, in general, show in detail all dimensions of the work contemplated. When the structure plans do not show all dimensions in detail, they will show general features and such details as are necessary to give a comprehensive idea of the structure. When such drawings are necessary to give comprehensive idea of the structure, submit detailed shop or working drawings to the Depart ment for review. The Contractor shall bear all risk for work done or material ordered prior to the Department’s review of these drawings for the structures involved. Submit working drawings for steel structures consisting of shop detail, erection, and other working plans, showing details, dimensions, size of materials, and other information necessary to completely fabricate and erect the work. Submit working drawings for concrete structures consisting of such detailed plans as required to successfully prosecute the work and which are not specified in the Plans. These may include plans for falsework, bracing, centering and form work, cofferdams, caissons, layout diagrams, and diagrams for bent reinforcement. Submit electrical shop drawings, design data, and descriptive literature for materials in electronic format to the Division of Traffic Op erations for approval. Drawings and literature shall be submitted for lighting and signal components. Notify the Engineer when submitting information to the Division of Traffic Operations. Do not begin work until shop drawings are approved. Submit shop drawings for traffic counting equipment and materials in electronic format to the Engineer or the Division of Planning. Notify the Engineer when submitting information directly to the Division of Planning. Do not begin work until shop drawings are reviewed and approved. Submit the working drawings in a timely manner to allow for a corresponding review and include this review time in the project’s schedule. Unless specified elsewhere in the Contract, allow a minimum of two weeks for the Department to review. The Department will review the Contractor’s working drawings in general only. The Department’s review does not relieve the Contractor from any responsibility whatsoever. Upon final review of all working drawings, submit to the Department copies of the final detailed drawings and upon completion of the work, surrender to the Department the original tracings. Include in the Contract price the cost of furnishing all working drawings.

105.03 RECORD PLANS. Record Plans are those reproductions of the original Plans

on which the accepted Bid Proposal was based and signed by a duly authorized representative of the Department. The Department will make these plans available for inspection in the Central Office at least 24 hours prior to the time of opening bids and up to the time of letting of a project or project s. The quantities appearing on the Record Plans 105-2 are the same as those on which Bid Proposals are received. The Department will use these Record Plans as the controlling plans in the prosecution of the Contract. The Department will not make any changes on Record Plans subsequent to their issue unless done so by an approved contract modification. The Department will make 2 sets of Record Plans for each project, and will maintain one on file in the Central Office and one of file in the District Office. The Department will furnish the Contractor with the following: 1 full size, 2 half size and an electronic file copy of the Record Plans at the Pre-Construction conference.

105.04 CONFORMITY WITH PLANS AND SPECIFICATIONS. Perform all work

and furnish all materials in reasonably clos e conformity with the lines, grades, cross sections, dimensions, and material requirements specified in the Contract. Where definite tolerances are specified in the Contract, the Department will use such tolerances to establish the limits of reasonably close conformity. Where tolerances are not specified in the Contract, the Engineer will determine the limits of reasonably close conformity in each individual case. When the Engineer finds the materials or workmanship of the finished product to be outside the contract requirements, the Engineer may allow the material and finished product to be left in place in instances where leaving such material and product in place is in the best interest of the Department and the travelling public. In this event, the Engineer will document the basis of acceptance by Contract modification providing for an appropriate adjustment in the Contract price for such work or materials as he deems necessary to conform to his determination based on engineering judgment. When the Engineer finds that the materials, the finished product in which the materials are used, or the work performed are not in reasonably close conformity with the Contract and have resulted in an inferior or unsatisfactory product, remove, replace, or correct the work and materials at no additional expense to the Department. When referenced standards, such as thos e promulgated by AASHTO, ASTM, or other recognized organizations, or the Department’s own specifications, standard drawings, or similar documents are revised subsequent to the letting date, the Contractor may propose to furnish materials or perform work conforming to the latest edition at the time the work is done. The Engineer may approve such a request if the material or work is deemed to be equal to or better than originally required; however, the Engineer may require a reduction in bid prices before granting approval when the revision significantly reduces the cost of furnishing material or performing the work. In the event of any dispute, the Department will select the referenced standard current at the date of advertisement for Bid Proposals or the standard specifically referenced in the Contract to determine the cost.

105.05 COORDINATION OF CONTRACT DOCUMENTS. All documents defined

under Contract in Subsection 101.03 are essential parts of the Contract. A requirement occurring in one is as binding as though occurring in all. They are complementary and describe and provide for a complete contract. In the case of a discrepancy, the governing ranking will be: Dimensions

105.06 COOPERATION BY CONTRACTOR. Maintain copies of the Plans and

Specifications at the site of the work at all times and furnish copies to each foreman. Require each foreman to have with him on the site, at all times, a copy of that part of the Plans and Specifications applying to the work he is directing. Be present or have a representative present on the project at all times, when construction is in progress, to receive and carry out such instructions as the Engineer may give. Provide reasonable facilities to enable the Engineer to inspect the workmanship and materials entering into the work, and cooperate in setting and preserving survey stakes, bench marks, etc., and in all other things necessary to satisfactorily complete the work as contemplated. When the Department lets separate contracts within the limits of any one project or for adjacent projects, conduct the work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Cooperate with contractors working on the same project or adjacent projects. In case of a dispute with other contractors, the Engineer will arbitrate and will make a final and binding decision. Progress work according to specification 108.04. The Contractor shall assume all liability, fi nancial or otherwise, in connection with the Contract and shall protect and save harmless the Department from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by him because of the presence and the operations of other contractors working within the limits of the same project. The Contractor shall assume all responsibility for all work not completed or accepted on the Contract because of the presence and operations of the other contractors. As far as possible, arrange the work and place and dispose of the materials being used so as not to interfere with the operations of the other contractors within the limits of the same project or on adjacent projects. Join the wo rk with that of the other contractors in an acceptable manner, and perform it in proper sequence with the work of the other contractors. Informal Partnering is encouraged between the Department and Contractor. The partnering process is intended to encourage the foundation of a cohesive partnership between the Department and the Contractor. This partnership will be structured to draw on the strengths of each organization to identify and achieve reciprocal goals within the bounds of the Contract. Common objectives will be st ructured to meet each project’s needs, but will include such basic criteria as effective and efficient contract performance, safety, and contract completion on schedule and within budget. The Contractor and the Department should both be aware that the partnering process includes more than their relationship. The “Team” should also include utility companies, local officials, emergency personnel such as fire and police, and anyone else for which the project effects or who could affect the progress of the project. The partnering process in no ways alters the Contract itself. Also, the establishment of a partnering process or charter for a project will not change the legal relationship of the parties to the contract nor relieve either party from any of the terms of the contract. Scheduling on-site project meetings at a regular or ‘as-needed’ basis is encouraged to discuss and resolve issues regarding the project throughout the duration of the Contract. 105-4 Contractor, subcontractor, and Department pe rsonnel should attend these meetings, and if need be, any appropriate persons needed to discuss specific issues. Record the minutes of each meeting and distribute to all partners. It will be the responsibility of the Contractor and the Department to act equally in hosting these meetings. Informal Partnering will not be measured for payment and the Department will consider all costs associated with the informal partnership incidental to the project.

105.07 COOPERATION WITH UTILITIES. The Department will notify all utility

facility owners or other parties affected and en deavor to have all necessary adjustments of utility fixtures, pipelines, and other appurtena nces in conflict with construction made as soon as practical. The Department will arrange to have the owne rs of all water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cables, signals, sewers, and all other utility appu rtenances in conflict with the limits of the proposed construction relocate or adjust those facilities in conflict except as otherwise provided for in the Contract. Consider all of the permanent and temporary utility facilities in their present or relocated positions, as specified in the Special Note for Utilities/Impact on Construction included in the Bid Proposal form, when preparing a Bid Proposal. The Department will not allow any additional compensation for delays, inconvenience, or damage sustained by the Contractor due to any interference from the said utility appurtenances or due to the operation of moving them. The Department will review requests for an extension of Contract time for such delays according to Subsection 108.07. Prior to any excavation activities, comply with the requirements for Excavators in the Underground Facility Damage Prevention Act of 1994 which is contained in KRS 367.4901 through 367.4917.

105.08 PROTECTION AND RESTORATION OF EXISTING ROADWAY FACILITIES. Protect and preserve all existing roadway facilities including:

105.09 CONSTRUCTION STAKES, LINES, AND GRADES. Unless the Contract

specifies otherwise, the Engineer will establ ish lines, slopes, and grades, and will furnish the Contractor with all necessary information relating to lines, slopes, and grades. Furnish, set, and preserve the stakes a nd marks necessary to construct the project according to the established lines, slopes, and grades as provided in Section 201.

105.10 Hauling.

105.10.01 Hauling to Projects. According to Subsections 107.01 and 109.01.05,

perform the hauling of materials and all other hauling in conjunction with the construction of a project so as not to violate any of the tr uck size, gross weight, axle weight, or tire width limitations provided by law or regulation, such as KRS 189.221, KRS 189.222, and all other regulatory statutes relating to the provisions outlined in this section.

105.10.02 Hauling Within Project Limits.

105.11 MAINTENANCE DURING CONSTRUCTION. Maintain the work during

construction and until the Department accepts the project. Provide maintenance through continuous and effective work prosecuted day by day, with adequate equipment and forces keeping the roadway or structures in satisfactory condition at all times. 105-6 In the case of a contract for the placing of a course upon a course or subgrade previously constructed, maintain the previous course or subgrade until completing the succeeding course. Include the cost of all maintenance work in the unit prices bid on the appropriate pay items. The Department will be responsible for routine roadway maintenance operations such as mowing, ditching, snow removal, signing, lighting and pothole patching for portions of the roadway that remain open to traffic and unaffected by Contractor operations. The Department will conduct these operations in a manner not to disturb the construction operations. Once a segment of permanent guardrail from terminal to terminal is installed in accordance to Contract documents and payment has been made, the Department will pay for damage caused by vehicular accidents at the contract unit bid prices. For segments of existing guardrail that are damaged due to a vehicular accident, the Department will pay to replace the guardrail at the contract unit bid prices or a supplemental price will be determined in instances where the item does not exist in the contract. Partially installed segments, temporary guardrail, and any guardrail damage due to contractor activities shall be maintained and repaired within 48 hours of damage at the Contractor’s expense.

105.12 FINAL INSPECTION AND ACCEPTANCE OF WORK. The Department

will not consider the work complete and will not make final payment until the Contractor clears the right-of-way, borrow pits, and all ground the Contractor occupies in connection with the work of all rubbish, equipment, excess materials, temporary structures, and weeds. Place rubbish and all waste materials of whatever nature, other than hazardous materials, on either public or private property in a location out of view from the roadway and in a manner acceptable to the Department that does not present an unsightly appearance. Restore in an acceptable manner all property, both public and private, that was damaged in the prosecution of the work. Drain all ditches and all borrow pits where practical, and leave all space under structures unobstructed and in such condition that drift will not collect and induce scouring. Notify the Engineer when the project is near completion. The Engineer will then advise in writing all work items that are unsatisfactory. When these work items are complete to the Engineer’s satisfaction, the Engineer will call the project complete and issue a Project Completion Notice. When there are seasonal limitations or other compelling situations, the Engineer may call the project complete without requiring correction of the unsatisfactory work items until weather permits or the situation is remedied. When the project is called complete, it is ready for the Department’s final inspection. Notify the Engineer when all electrical items are complete. The Engineer will then perform an electrical final inspection and will notify the Contractor in writing with the corrective work required. Electrical items will be inspected when the electrical work is complete and are not subject to waiting until the project as a whole has been completed. The Engineer will notify the Division of Traffic Operations within 3 days that all electrical items are complete and ready for a final inspection. A final inspection will be completed within 90 days after the Engineer notifies the Division of Traffic Operations of the electrical work completion. Energize all electrical items prior to notifying the Engineer that all electrical items are complete. Electrical items must remain operational until the Division of Traffic Operations has inspected and accepted the electrical portion of the project. Payment for the electrical service is the responsibility of the Contractor from the time the electrical items are energized until the Division of Traffic Operations has accepted the work. Complete all corrective work within 90 calendar days of receiving the original electrical inspection report. Notify the Engineer when all corrective work is complete. The Engineer will notify the Division of Traffic Operations that the corrective work has been completed and the project is ready for a follow-up inspection. Upon re-inspection, if additional corrective work is required, complete within the same 90 calendar day allowance. The Department will not include time between completion of the corrective 105-7 work and the follow up electrical inspection(s). The 90 calendar day allowance is cumulative regardless of the number of follow-up electrical inspections required. The Department will assume responsibility for the electrical service on a project once the Division of Traffic Operations gives final acceptance of the electrical items on the project. The Department will also assume routine maintenance of those items. Any damage done to accepted electrical work items by other Contractors shall be the responsibility of the Prime Contractor. The Department will not be responsible for repairing damage done by other contractors during the construction of the remaining project. Failure to complete the electrical corrective work within the 90 calendar day allowance will result in penalties assessed to the project. Penalties will be asse ssed at ½ the rate of liquidated damages established for the contract. The Department and other appropriate agencies, such as FHWA, will complete final inspections on all items of work for Formal Acceptance within 90 calendar days of the date of issuance of the Project Completion Notice w ith the exception of striping, seeding, other erosion control items, tree planting, and landscaping. The Department will make final inspections on seeding and other erosion control items according to Section 212. The Department will make final inspections on tree planting and landscaping as the Contract specifies. The Department will make individual final inspections on particular groups of work items such as structures, electrical, grade and drain, and surface. The Department may make final inspections before the project is called complete on items of work that have been completed. The Engineer will issue written final inspection reports for items of work upon completion of each final inspection. The reports will include a list of all uncompleted work and required corrective work. The Engineer will issue a Comprehensive Final Inspection Report that will include all inspection reports with the exception of striping, seeding, tree planting and landscaping. Complete all items of uncompleted work and all required corrective work listed in the final inspection reports within 90 calendar days of receiving the Engineer’s comprehensive final inspection report. When the specified seasonal or temperature limitations prohibit the Contractor from performing the work, complete the work within 90 calendar days after the date the Engineer directs. When the final inspection report is received apart from the Comprehensive Final Inspection Report, corrective work for striping, seeding and other erosion control items, tree planting, and landscaping shall be completed within 90 calendar days of receiving the Engineer’s inspection report. When the following occur, substitute the deferral date for the date of the Engineer’s comprehensive final inspection report when determining the above time limits for completion of uncompleted work and corrective work:

105.13 Claims

105.13.01 Claims Resolution Process. The Engineer and Contractor should attempt to

resolve project disputes as they arise. When project issues remain unresolved, contract parties may take the following course of action. The Kentucky Administrative Regulations (KAR 603 2:015 Sections 8 & 9) and Kentucky Revised Statutes (KRS 13B.140) mandate the process for resolving project claims. The Contractor must notify the Engineer of the intent to file a claim by submitting form TC 63-77, “Notice of Potential Claim” to initiate the claims process. Form TC 63-77 must be submitted to the Engineer within 10 days of the date that the Contractor knew of or should have known of the events causing the claim. If the claim is for extra work as defined by subsection 104.03, submit TC 63-77 prior to beginning the disputed work. If the TC 63-77 is not received as required or if it is received after the 10-day deadline, the Cabinet will not consider a claim. The Engineer will respond to the Contractor notifying them of the receipt of notice of the claim by submitting form TC63-78, “Acknowledgement of Notice of Potential Claim,” to the Contractor. The Engineer will send this form within 7 days of receiving form TC 63- 77. Beginning no more than 14 calendar days after filing the “Notice of Potential Claim,” and on a weekly basis thereafter, the Cont ractor shall submit the following to the Engineer:

105.13.02 Claims for Extra Work

105.13.03 Claims for Delays. In order to receive an extension of Contract Time or to

receive monetary compensation for delays to the Contract Schedule, the Contractor must request an extension of Contract Time in accordance with Section 108.07. Base all requests for extensions of Contract Time on the Contr actor’s progress schedule. Failure to properly submit, update, and maintain the progress schedule in accordance with the contract shall constitute a waiver of the Contractor’s right to claim for a time extension and/or monetary damages due to a delay.

105.13.04 Claim Submittal.

105.13.05 Claim Review. Upon the submission of the Claim Submittal by the

Contractor, the Engineer and District T.E.B.M. will have 60 days to attempt to settle the claim with the Contractor. If the claim is not settled, the District will submit it to the Director of the Division of Construction who will have 90 days to make a final determination. Prior to making the final determination, the Director may hold an informal conference with the Contractor for the purpose of reaching a resolution to the claim or identifying issues needing resolution. The Director will notify the Contractor of the Cabinet’s decision (the final determination) and the Contractor’s right to a hearing according to the KAR 603 2.015 Section 10. Should the Engineer or Director fail to meet the previously mentioned deadlines, their inaction indicates a denial of the claim. Should the Director fail to submit a final decision within the deadline stipulated previously, the Cabinet will bear the costs associated with the hearing officer, should such an event occur. Upon a written agreement of both parties, the claim could be mediated through a formal nonbinding mediation with a mutually agreed upon mediator. The parties will equally share the costs associated with this action. If either party terminates the mediation, the Contractor may still request a hearing according to KRS Chapter 13B and has 30 days from the notice of termination of the mediation to make such a request. If the Contractor wishes to request a hearing, they must do so within 30 days of the notification of the Cabinet’s final decision and should be in accordance with KRS Chapter 13B. The previous Administrative Claims Process must be exhausted prior the Contractor requesting an Administrative Hearing. The Contractor may choose to forego the KRS Chapter 13B Administrative Hearing and may at any time file a lawsuit with the Franklin County Circuit Court in Frankfort, Kentucky. 105-14 SECTION 106  CONTROL OF MATERIALS

106.01 SOURCE OF SUPPLY AND MATERIALS REQUIREMENTS. Provide

materials that conform to all requirements of the Contract. At the Department’s option, the Engineer may approve the materials at the source of supply before delivery is started. When requested by the Engineer, submit representative samples of the materials intended for use in the work for the Engineer to examine and test according to Subsection 106.02. The Department may inspect or test all mate rials at any time during their preparation, storage, and use. If the Department determines that previously approved materials from any source are not uniform and satisfactory or that the product from any source proves unacceptable, cease operations. Provide acceptable material and resume operations. Do not use material which, after approval, has in any way become unfit for use. Use only new materials.

106.02 SAMPLES, TESTS, AND CITED SPECIFICATIONS. The Department will

bear the cost of conducting tests except as ot herwise provided. The Engineer will collect samples at the site of work and will retain custody of the samples until delivered to the laboratory, to a common carrier, or to the US Postal Service. The Contractor may deliver to the laboratory samples that a Department employee placed in containers and sealed with a Department seal. The Department will not accept for testing any samples submitted in any other manner. When requested, give the Engineer assistance in obtaining samples. Perform, or ensure that the material producer performs, all testing necessary for quality control and process control. The Department will sample and test to ensure the acceptability of the materials incorporated into the work. The Department will sample, test, and approve all materials in conformance with the Department’s Kentucky Methods and the Manual of Field Sampling and Testing Practices; but the Department reserves the right to sample at any point and to perform any additional or special tests necessary to ensure the suitability of the material for its intended use. The Department may charge the supplier or Contractor for the cost of any additional test or inspection of unacceptable material. The Department will bear only the costs of normal acceptance testing of materials actually used in the work. Show good faith and request sampling of only those sources from which material will be furnished for the project. Do not use Department sampling and testing to investigate various potential materials sources for informational purposes. When the Contractor submits samples from or requests sampling of materials sources that are not used, the Department may charge the Contractor for the cost of sampling and testing the source. Bear the cost of special investigations or tests beyond the normal acceptance testing, which are required to determine the degree of acceptability of finished work that incorporates materials not conforming to the Contract. This provision applies to materials on which testing is not normally completed until after their incorporation into the work. This provision is not a means to use materials that are previously tested and rejected prior to use. The Department or a Department approved commercial testing laboratory will perform these tests and investigations. Bear the cost of any special investigati ons or tests necessary to determine the acceptability of any material to remain in place that is deemed unacceptable by the Engineer due to failed laboratory testing and/or improper construction techniques. Whenever reference is made to the standards of AASHTO, ASTM, Federal Specifications, or standards promulgated by other recognized societies or organizations, the current specification at the date of the bid letting is applicable. When a sieve number is designated in these Specifications, use sieves that conform to AASHTO M 92. Fabricate, purchase, or otherwise furnish any special equipment necessary to obtain samples when the Contract requires.

106.03 Plant Inspection.

106-1

106.03.01 General. The Engineer may undertake the inspection of materials at the

source. For plant inspections, conform to the following conditions:

107.01 01.

The Department reserves the right to retest all materials that are tested at the source of supply, after delivery and prior to their incorporation into the work. The Department reserves the right to reject all retested materi als that fail to conform to the requirements of the Contract.

106.03.02 Field Laboratory. Provide a field laboratory at the site of asphalt plants,

and the site of mixing or batching concrete. Locate the field laboratory conveniently near the plant and conform to the applicable requirements of Subsection 401.02.01 A). Include a supply of water when it is required to perform the necessary testing. Provide this field laboratory for the exclusive use of the Engineer, the technicians employed by the Contractor, or the material producer, to pe rform testing for quality control and process control. At material or product sources other than those listed above, the Engineer will determine if the field laboratory will be required for proper testing and inspection of the material or product.

106.04 BUY AMERICA REQUIREMENT. Follow the “Buy America” provisions as

required by Title 23 Code of Federal Regulat ions § 635.410. Except as expressly provided herein all manufacturing processes of steel or iron materials including but not limited to structural steel, guardrail materials, corrugated steel, culvert pipe, structural plate, prestressing strands, and steel reinforcing bars shall occur in the United States of America, including the application of: • Coating, • Galvanizing, • Painting, and • Other coating that protects or enhances the value of steel or iron products. The following are exempt, unless processed or refined to include substantial amounts of steel or iron material, and may be used regardless of source in the domestic manufacturing process for steel or iron material: • Pig iron, • Processed, pelletized, and reduced iron ore material, or • Processed alloys. The Contractor shall submit a certification stating that all manufacturing processes involved with the production of steel or iron materials occurred in the United States. Produce, mill, fabricate, and manufacture in the United States of America all aluminum components of bridges, tunnels, and large sign support systems, for which either shop fabrication, shop inspection, or certified mill test reports are required as the basis of acceptance by the Department. 106-2 Use foreign materials only under the following conditions: 1) When the materials are not permanently incorporated into the project; or

106.05 CERTIFICATION OF COMPLIANCE. The Engineer may allow use prior to

sampling and testing of certain materials acc ompanied by Certificates of Compliance stating that such materials fully comply with the requirements of the Contract. Deliver each lot of such materials to the work site wi th a Certificate of Compliance that is signed by an authorized agent of the testing agency and that clearly identifies the lot. The Engineer may sample and test materials used on the basis of Certificates of Compliance at any time, and when such materials fail to conform to the Contract, the Engineer will reject them, whether in place or not. The Engineer will determine the form and distribution of Certificates of Compliance. The Engineer reserves the right to refuse permission to use materials on the basis of Certificates of Compliance.

106.06 DEFECTIVE MATERIAL. Remove materials delivered to the work site that

fail to conform to the requirements of the Cont ract and dispose of them so as to prohibit their return to the site or incorporation into the work. If the Contractor declines or neglects to remove unsatisfactory material from the work site within the time that the Engineer directs such removal, the Departme nt may retain all monies due or which may become due the Contractor on pay estimates until the Contractor removes the unsatisfactory material. As an alternative, the Commissioner may elect to employ the necessary labor to remove and dispose of the unsatisfactory materials and deduct the cost of same from any money due or that may become due the Contractor.

106.07 DEPARTMENT–FURNISHED MATERIAL. Furnish all materials required

to complete the work, except those specified as Department-furnished. The Department will deliver or make available Department-furnished materials at locations specified in the Contract. Include the cost of handling and placing all Department-furnished materials after they are turned over to the Contractor in the Contract price for the item incorporating the Department-furnished materials. The Department will hold the Contractor responsible for all Department-furnished material that is turned over to the Contractor. The Department will deduct from any monies due the Contractor to make good on any material shortages and deficiencies, from any cause whatsoever, and for any damage that may occur after such turnover, and for any demurrage charges. The Department will apply the requirements of this section to Department-furnished items that the Contractor is required to return to the Department, such as, but not limited to, traffic signals and structural steel members.

106.08 STORAGE OF MATERIALS. Store materials to ensure preservation of their

quality and fitness for the work. Locate stored materials to facilitate prompt inspection. The Contractor may use that portion of the right-of-way not required for construction of the roadway for storing materials, plant, and equipment. Provide any additional space required at no expense to the Department. If the Department provides partial payment for material prior to the Contractor incorporating them into the work, store these materials according to Subsection 109.05.01. 106-3

106.09 LIST OF APPROVED MATERIALS. Due to the special or lengthy tests

required for approval of certain materials, the Department maintains a List of Approved Materials. Use only materials included on the List of Approved Materials at the time of use on the project. The Department will sample and test materials on the list after delivery to the project as specified or when deemed necessary, and will reject any material found not to conform to the Contract regardless of any prior approval.

106.10 FIELD WELDER CERTIFICATION REQUIREMENTS. All field welding

must be performed by a certified welder unless otherwise noted. Welder’s or welding operator’s qualifications to perform field welding shall remain effective for 2 years from the date of test unless:

107.01 LAWS TO BE OBSERVED. In all operations connected with the work, the

Department will require strict compliance with all state, federal, and local ordinances, regulations, laws, and bylaws controlling or limiting in any way the actions of those engaged on the work, in such manner to save the Commonwealth, its agents, and employees harmless.

107.01.01 Safety, Health, and Sanitation. Comply with all applicable state,

federal, and local laws governing safety, hea lth, and sanitation. Provide all safeguards, safety devices, and protective equipment and take all other actions that are reasonably necessary to protect the life and health of all employees and personnel on the project, provide for the safety of the public, and protect all property affected by the performance of the work covered by the Contract, and as the Engineer directs. As provided in KRS Chapter 338 in the Kentucky Occupational Safety and Health Act and in subsequent regulations and standards promulgated by the Kentucky Occupational Safety and Health Standards Board, do not require any personnel employed in performance of the Contract, including employees of subcontractors, to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to the employee’s health and safety. Ensure that all workers exposed to co nstruction equipment or highway traffic wear high visibility safety apparel that conforms to and is labeled as meeting Performance Class 2 or 3 of the ANSI/ISEA 107-2004 publication . Additionally, for nighttime work, the Department will require flaggers to wear ANSI Performance Class 3 apparel. Provide fall protection according to 29 CFR Part 1926 as adopted by Kentucky Administrative Regulations. Include but do not limit to the following protection: safety nets, safety belts, lifelines, lanyards, life ve sts, hand rails, temporary bridge flooring, or equivalent protection. For work over a navigable stream, unless working exclusively on a bridge deck, provide a manned power boat. Position the boat under personnel for rescue whenever work is in progress.

107.01.02 Motor Vehicle Laws. Obey all Motor Vehicle Laws on all state, federal,

and county roads and city streets, including roads and streets used as detours and roads and streets under construction beyond the limits of the proposed improvement specified in the Contract. Obey the specific provisions of such laws within the limits of construction when stated in the Contract for that particular type of construction.

107.01.03 Water Pollution. Conform to the Department’s requirements for abating

and minimizing water pollution as specified in Section 213.

107.01.04 Air Pollution. Perform construction activities in a manner that prevents

air pollution from occurring as the result of burning (where allowed), drilling, blasting, production of materials, hauling, or any othe r necessary construction operations of any kind. Conform to the applicable provisions of KRS Chapter 224 and regulations issued by the responsible state and federal agencies, and conform to regulations established by local governmental agencies pursuant to KRS Chapter 77. Apply water or other approved materials when, where, and as directed or approved by the Engineer in order to effectively prevent and control dust from becoming an air pollutant, safety hazard, or other type nuisance during the construction of a project. For failure to perform this item of work satisfactorily, the Department will defer the processing of any pay estimates due the Contractor for the project, until the work is in compliance. When dust results entirely from the performance of the work, include all costs for 107-1 providing dust control in the pay items for the work being performed. When dust is caused either partially or entirely by the traveling public, the Department will pay for the water at the Contract unit price per 1,000 gallons. The Contractor may use materials other than water to prevent and control dust caused partially or entirely by the traveling public, provided the Engineer approves the use of such materials and the Contractor furnishes and applies the materials at no expense to the Department. When the Contract designates blast cleaning concrete and steel surfaces, perform the blast cleaning as specified in the Contract. Choose a method allowed by the Contract that conforms to the air and water pollution regulations applicable to the county or city where the site of work is located and to the applicable safety and health regulations. Discontinue any method that does not consistently provide satisfactory work and conform to the above requirements, and replace it with an acceptable method. While blast cleaning, confine all debris of every type, including dirty water, resulting from the blast cleaning operation. Immediately and thoroughly clean debris from the blast–cleaned surfaces and all other areas where any escaped debris may have accumulated. Perform all drilling, grinding, and sawing of rock, shale, concrete, and other similar dust-producing materials with equipment provided with water sprays, fabric-filtered collection systems, or other suitable devices to prevent excessive dust from becoming airborne. Perform all burning according to Regulation 401 KAR 63:005.

107.01.05 Highways Through National Forests and National Parks. When the

construction of all or a portion of a project is through a National Forest, National Park, or other type of governmentally controlled property, perform the work according to the Clearing and Fire Plans stated herein, as applicable. The Contract will indicate the portion of a project that is within a National Forest, National Park, or other governmentally controlled property. The Contractor is responsible for determining the extent to which this subsection is applicable to a specific project.

107.02 RIGHT-OF-WAY AND UTILITIES. The Department will make every effort

to provide all necessary right-of-way and to clear all utility facilities on each project, but when the right of entry is lawfully withdraw n or invalidated, or when because of some other unforeseen reason either the right-of-way or the right of entry is obstructed resulting in delays, the Engineer may extend the Contract because of these delays, according to Subsection 108.07.

107.03 LABOR REQUIREMENTS. Comply with all state and federal labor laws and

with the wage requirements specified in the Contract. The Department will set forth these requirements in the Contract. Do not discriminate against any worker because of race, creed, color, sex, sexual orientation, national origin, age, or handicap.

107.04 PERMITS, LICENSES, TAXES. Procure all permits, licenses, inspections,

and memberships, pay all charges, fees, and taxes, and give all notices necessary and incidental to the due and lawful prosecution of the work. When any portion of the project is located in an Enterprise Zone as defined in KRS 154, Subchapter 45, the Department 107-3 will not seek an exemption from sales and use tax provided for in KRS Chapter 139. Accordingly, the Department will not execute any certificates of exemption for the purchase of building materials or any other tangible personal property to be incorporated into the project.

107.05 PATENTED DEVICES, MATERIALS, AND PROCESSES. When using

any design, device, material, or process covere d by letters of patent or copyright, provide for such use by suitable legal agreement with the patentee or owner. The Contractor and the Surety shall indemnify and save harmless the Commonwealth, any affected third party, or political subdivision from any and all claims for infringement by reason of the use of any such patented design, device, material, or process, or any trademark or copyright, and shall indemnify the Commonwealth for any costs, expenses, and damages which it may be obliged to pay by reason of an infringement, at any time during the prosecution or after the completion of the work. The use of such desi gns, devices, materi als, or processes on Federal aid projects must also be in compliance with FHWA’s proprietary item policy.

107.06 RESTORATION OF SURFACES OPENED BY PERMIT. Do not allow any

openings to be made in any surface or pavement except with the written permission of the Department. If the Department grants an encroachment permit to any person or corporation resulting in the need for an opening in the surface or pavement, perform necessary repair work at the opening as the Engineer directs and at the expense of the party to whom the permit was granted.

107.07 FEDERAL AID PARTICIPATION. When the Federal Government

participates in the cost of the work covered by the Contract, proceed with the work under the supervision of the Commonwealth, but subject to the inspection and approval of the proper officials of the Federal Government and according to the applicable federal statutes, rules and regulations. The Federal Government’s inspection will not make the Federal Government a party to this Contract and will not interfere with the rights of either party under this Contract.

107.08 PUBLIC CONVENIENCE AND SAFETY. Store materials and conduct work

to cause the minimum necessary obstruction to the traveling public. For roads under construction that are used by the traveling public, maintain the roadbed, subgrade, or newly laid surface in a condition that the public can travel over in comfort and safety. Whenever the alignment of the new roadway and the grade line specified in the Plans or as established by the Engineer require any excavation or the construction of an embankment on any part of the existing traveled road, perform the work through completion with continuous, successive operations as quickly as practical, and maintain the completed work in a smooth and acceptable condition. Maintain open, passable sections where the old road and the new road coincide with as little inconvenience to the traveling public as possible. Do not close any sections of the road without first obtaining the Engineer’s written permission. The Contractor is responsible for accidents that may have been caused by poor design, improper signing, poor maintenance or other deficiencies associated with temporary crossings.

107.09 RAILWAY-HIGHWAY PROVISIONS. When the Plans require hauling

materials across the tracks of any railway, the Department will arrange with the railway company for permission for the Contractor to cross the railway right-of-way and tracks, provided that the Contractor executes a lice nse agreement satisfactory to the railway company and agrees to reimburse the railway company for all costs associated with providing and removing temporary grade crossings, and for all costs of other work or items the railway company deems necessary for protection of its property and operations. When the Contractor desires railway crossing s for his convenience, the Contractor shall make his own arrangements for the use of such crossings. 107-4 Perform all work on the railway right-of-way at times and in a manner to not unnecessarily interfere with the movement of trains or traffic upon the track of the railway company, and according to all other requirements of the Contract. Take all precautions to avoid accidents, damage, delays or interference with the railway company’s trains or other property. When work includes construction, maintenance, or demolition of a railroad bridge, conform to the personnel safety rules for bridge workers. These rules are consistent with existing OSHA regulations, but the FRA will be the enforcement agency. The rules are published in the June 24, 1992 Federal Register.

107.10 Construction Over Or Adjacent To Navigable Waters.

Conduct all work over, on, or adjacent to navigable waters in a manner that does not interfere with the free navigation of the waterway and does not impair the existing navigable depths except as allowed by permit issued by either the US Coast Guard or the US Army Corps of Engineers.

107.11 USE OF EXPLOSIVES. Comply with Federal, State, and local regulations on

the purchase, transportation, storage, and use of explosive material. Furnish copies or other proof of all applicable permits and licenses to the Engineer. Regulations include but are not limited to the following:

107.12 Protection and Restoration of Property.

107.12.01 General. Do not enter upon private property for any purpose without

obtaining permission from the property owner. The Contractor is responsible for preservi ng all public and private property and shall use every precaution necessary to prevent such damage or injury. Exercise the necessary precautions to prevent damage to pipes, conduits, and other underground structures. Carefully protect from disturbance or damage all land monuments and property marks until the Engineer has witnessed or otherwise re ferenced their location, and do not remove them until directed. 107-6 The Contractor is responsible for all damage or injury to property resulting from any act, omission, neglect, or misconduct in the C ontractor’s manner or method of executing the work, or due to the Contractor’s non-execution of the work, or due to defective work or materials. When or where any direct or indirect dama ge or injury occurs to public or private property by or on account of any act, omission, neglect, or misconduct in the Contractor’s execution, or lack of execution of the work, the Contractor shall restore, at no expense to the Department, such property to a condition similar or equal to that existing before such damage or injury was done. If the Contractor fails to restore such property or repair such damage or injury within a reasonable time, then the Department may, upon 48 hours notice, proceed to repair, rebuild, or otherwise restore such property, and the Department will deduct the cost thereof from any monies due or that may become due to the Contractor under the Contract.

107.12.02 Preservation of Mailboxes. The Contractor is responsible for preserving

mailboxes within the right-of-way and easements for the project. Remove and relocate mailboxes as necessary during construction of the project, and reinstall at their permanent location as soon as is practical. During construction of the project, provide access to mailboxes for US Postal Service vehicles at all times. Install mailboxes at both their temporary and final locations according to the requirements of the Department and the US Postal Service. When a new post is necessary for the final installation, furnish a 4-inch by 4-inch by 7-foot treated wood post, conforming to Section 820. Install other types of posts conforming to the requirements of the Department and the US Postal Service when the post is furnished by the owner of the mailbox. Except for surfacing materials, perform all work necessary to preserve, remove, relocate, and reinstall mailboxes, and maintain access for US Postal Service vehicles, at no expense to the Department.

107.13 RESPONSIBILITY FOR DAMAGE CLAIMS. The Contractor shall

indemnify and save harmless the Commonwealth, the Department, and all its officers, agents, and employees from all suits, actions, or claims of any character brought on account of any of the following:

107.14 CONTRACTOR’S RESPONSIBILITY FOR WORK. Until the Department

makes final written acceptance of the work, protect against injury or damage to any part of the work by the action of the elements, or from any other cause, whether arising from the execution, or from the non-execution, of the work. Rebuild, repair, and restore any portion of the work damaged by any of the a bove causes. The Contractor shall bear the expense of such repairs except for damages to the work due to unforeseeable causes beyond the control of and without fault or negligence of the Contractor, including but not restricted to acts of God or of the public enemy, acts of the Government, slides that the Engineer finds to have been unavoidable, and ordinary wear and tear on any section of the 107-7 road that the Engineer orders opened to traffic. The Department may issue written encroachment permits to make openings in, along, or across the road, but in such cases the individuals or organizations obtaining the permit shall perform the work.

107.15 Contractor’S Responsibili Ty for Utility Property and

SERVICES. At points where the work is adjacent to the properties of utility companies or others to which damage from performing the work might result in considerable expense, loss, or inconvenience, do not start the work without first making all arrangements necessary to protect the adjacent property. Cooperate with the owners of any underground or overhead utility lines while they remove or relocate such utilities so that their operations progress in a reasonable manner with minimal duplication, and so that the services rendered by those parties is not unnecessarily interrupted. Use all possible care in excavating on the project to avoid damaging existing utilities, whether the utilities are or are not specified in the Plans. Elevations and locations of existing utilities specified in the Plans are approximate only. As specified in Subsection 107.12, the Contractor is responsible for pr otecting and restoring existing utility property specified in the Plans. In the event that water and utility services are interrupted as a result of accidental breakage, or as a result of being expose d or unsupported, promptly notify the proper authority and cooperate with that authority to restore services. When water service is interrupted, perform the repair work continuously until the service is restored. Do not perform work around fire hydrants until the local fire authority approves the plan for restoring service. Prior to any excavation activities, comply with the requirements for Excavators in the Underground Facility Damage Prevention Act of 1994 which is contained in KRS 367 Sections 1 through 10.

107.16 PERSONAL LIABILITY OF PUBLIC OFFICIALS. In carrying out any of

the provisions of the Contract, or in exercising any power or authority granted to them by or within the scope of the Contract, the Commissioner, Engineer, or their authorized representatives have no liability, either personally or as officials of the Commonwealth; in all such matters they act solely as agents and representatives of the Commonwealth.

107.17 NO WAIVER OF LEGAL RIGHTS. The Department is not precluded or

estopped, by any measurement, estimate, or certificate made either before or after the completion and acceptance of the work and payment for the work, from showing the true quantity and character of the Contractor’s work and materials furnished by the Contractor, or from showing that any such measurement, estimate, or certificate is untrue or incorrectly made, or that the Contractor’s work or materials that the Contractor furnishes do not conform to the Contract. The Department is not precluded or estopped, notwithstanding any such measurement, estimate, or certificate and pa yment according thereto, from recovering from the Contractor and his surety such damages as it may sustain by reason of the Contractor’s failure to comply with the terms of the Contract. Neither the Department’s acceptance, or the acceptance of any representatives of the Department, nor any payment for or acceptance of the whole or any part of the work, nor any extension of time, nor any Department possession of the work operate as a waiver of any portion of the Contract or of any power herein reserved, or any right to damages herein provided. A waiver of any breach of the Contract does not operate as a waiver of any other or subsequent breach. The Contractor, without prejudice to the terms of the Contract, is liable to the Department for latent defects, fraud or such gross mistakes as may amount to fraud, and the Department’s rights under any warranty or guaranty.

107.18 INSURANCE REQUIREMENTS. Procure and maintain during the life of the

Contract the following insurance in addition to the insurance required by law. Provide proof of coverage on the most current ACORD Form 25 Certificate of Liability Insurance. 107-8 The Certificate of Liability Insurance shall contain one of the following statements: a) “policy contains no deductible clauses” or b) “policy contains _________ (amount) deductible property damage clause but company will pay claim and collect the deductible from the insured.” All such policies of insurance, except Worker’s Compensation, shall name the Cabinet as an additional insured and shall be occurrence policies and the Certificate of Insurance provided to the Cabinet shall so specify. The policies must provide coverage for all damages arising out of injury to persons or property which allegedly occurred during the life of the contract regardless of when the claim is filed subject to statues of limitations. When Railroad Protective Liability insurance is required, the original policy shall be submitted to the railroad company with a copy transmitted to the Department. In addition, certificates of insurance shall be prov ided to the railroad, on forms satisfactory to the railroad, covering the Contractor’s Commercial general Liability and Business Automobile Liability insurance. Proof of renewal shall be furnished 15 days or more and advance of the policy expiration. If subject to cancellation, the insurance company, shall provide at least 30 days prior notice, and the insurer shall immediately notify the Department in writing of such impending cancellation. In the event of cancellation or expiration, all work on the contract shall be suspended except that necessary for traffic maintenance and the protection of life and property. No extension in the contract completion time or additional payment will be allowed on account of this requirement and contract time charges will continue. All subcontractors must meet the same minimum insurance requirements.

103.06.01 Commercial General Liability.

 General Aggregate –$2,000,000 Minimum  Products/Completed Aggregate –$2,000,000 Minimum  Personal & Advertising – $1,000,000 Minimum  Each Occurrence - $1,000,000 Minimum

103.06.02 Business Automobile Liability. The policy shall cover all owned,

non-owned and hired vehicles. The combined single limit of liability per accident is a minimum of $1,000,000.

103.06.03 Workers’ Compensation Insurance and Employer’s Liability Insurance. The Contractor shall give evidence for Worker’s Compensation

Insurance and Employer’s Liability Insurance, with a 30-day notice of cancelation. The Department will verify Workers’ Compensation Insurance coverage with the Kentucky Department of Labor prior to issuing a Notice to Proceed. The limits of employee liability insurance under this section shall be as follows:  Each Accident Bodily Injury - $100,000 Minimum  Policy Limit/Bodily Injury by Disease - $500,000 Minimum  Each Employee/Bodily Injury by Disease - $100,000 Minimum 107-9 SECTION 108  PROSECUTION AND PROGRESS

108.01 Subcontracting of Contract.

Do not subcontract, sell, transfer, assign, or otherwise dispose of the Contract or any portion of the Contract or Contracts, or of th e right, title, or interest therein, without the Engineer’s written consent. If the Contract or chooses to subcontract any portion of the Contract, a written request to sublet work must be submitted on the Subcontract Request (TC 63-35) form for the Engineer’s approval. When directed by the Engineer, submit a certified copy of the actual subcontract agreement executed between the parties. The Engineer will allow the Contractor to s ubcontract a portion, but the Contractor must perform with his own organization work amounting to no less than 30 percent of the total Contract cost. The Engineer will not allow any subcontractor to exceed the percentage to be performed by the Contractor and will require the Contractor to maintain a supervisory role over the entire project. Do not allow any subcontractor to further subcontract any portion of the work without obtaining written consent from the Engineer. When the Engineer gives such consent, the first tier subcontractor may further subcontract a portion of his work not to exceed 50 percent of the work originally subcontracted to him by the Contractor. Do not allow any second tier subcontractor to subcontract any portion of the work. Extra work performed by subcontractors in accordance with Section 109 will not be utilized in the computation of total dollar amount subcontracted. Subcontract percentages are based upon the original contract amount. Payment to subcontractors for satisfactory performance of their work or materials supplied must be made within 7 calendar days from receipt of payment from the Engineer. Upon request by the Engineer, provide proof that payment has been made to the subcontractor within the 7 calendar days. Progress payments may be withheld for failure to comply with this request. The Engineer’s written consent to subcontract, assign, or otherwise dispose of any portion of the Contract does not, under any circumstances, relieve the Contractor or the surety of their respective liabilities and obligations under the Contract. The Engineer will make transactions only with the Contractor. The Engineer will recognize subcontractors only in the similar capacity of employees or worker s of the Contractor who are subject to the same requirements as to character and competence as specified in Subsection 108.06. Lease agreements are acceptable on Department projects. No additional paperwork is needed when equipment is rented from a commercial rental company unless the leased equipment comes with an operator. In these circumstances, payroll records for the operator of the leased equipment must be maintained and submitted by the contractor in accordance with Department policy. Lease agreements between contractors that involve equipment only will require the submittal of a TC 63-71 Department Equipment Rental Form. If a Contractor is found to be in violation of these requirements, the Engineer reserves the right to withhold payment for the work which was performed in violation of these requirements. This provision does not include the lease or use of equipment from a corporation or company wholly owned by the Contractor. The Contractor shall not use equipment in the performance of the Contract to which title is not held by the Contractor or an approved subcontractor without a submitted lease agreement. If a public official has provided a documented Declaration of Emergency, then the Engineer may verbally waive the requirement of submitting a TC 63-71 Department Equipment Rental Form until the situation has ended. After the emergency situation ends, immediately remove the equipment from the project or submit a completed TC 63-71 Department Equipment Rental Form to the Engineer. 108-1

108.02 Progress Schedule.

Specification 108.02 applies to all Cabinet projects except the following project types: • Right of Way Mowing and/or Litter Removal • Waterborne Paint Striping • Projects that contain Special Provision 82 • Projects that contain the Special Note for CPM Scheduling The scheduling documents are considered the Contractor’s plan of action. The Contractor may change their plan of action as needed. However, the Contractor must inform the Cabinet of deviations from the schedule, giving the Cabinet a 24-hour notice prior to working on items deviating from the schedule. The 24-hour notice can be reduced if approved by the Engineer. The Contractor should attempt to follow their schedule if possible and any deviations must be reflected in the next schedule update. Working without the submittal of a Written Narrative is violation of this specification and additionally voids the Contractor’s right to delay claims. If the Engineer deems a Preconstruction Conference necessary, submit a written narrative as described below at least two working days prior to the Preconstruction Conference. During the Preconstruction Conferen ce, the Contractor shall make a verbal presentation of their progress schedule detailing their proposed progression of work, including the items discussed in the written narrative. If the Engineer does not deem a Preconstruction Conference necessary, the Contractor will submit a Written Narrative to the Engineer at least two working days prior to the start of work. Any submission of scheduling documents must be in triplicate and be accompanied by a signed statement of approval by the Contractor’s project superintendent/manager. The written narrative submitted prior to work or the Preconstruction Conference, is assumed to be the Contractor’s as-bid plan and may need to be revised as these conditions allow. These initial project schedule documents should reflect the Contractor’s schedule as the project was bid. Any questions that the Contractor may have that would lead to changes in this schedule should be discusse d at the Preconstruction Conference and the initial schedule can be adjusted based on those discussions. The Department will review the schedule in general for the purpose of managing its employees and resources, and for conformance to the specifications, and flow of logic. The Department accepts no liability for determining the Contractor’s ability to meet their schedule as it is Contractor’s sole responsibility to provide an accurate and feasible schedule. All schedule risk rests with the Contractor. When the Written Narrative is not received for review two working days prior to the preconstruction conference, or if they are not in conformance with the specifications, the preconstruction conference will be postponed until two working days after submission of an acceptable Written Narrative. When at the Preconstruction Conference, or anytime during the project, the Engineer determines that the project warrants the submittal of an Activity Bar Chart, the Contractor will have 30-days to submit the baseline progress schedule documents consisting of a Written Narrative and Activity Bar Chart. These documents should describe the schedule in Level 1 detail for the upcoming 45 days and at least Level 2 detail for the remainder of the project (the Levels of Detail are described in part D of this section). These baseline documents should be updated monthly, or as agreed upon by the Contractor and Engineer, to reflect project progress. The submittal of bar chart or Critical Path Method schedule does not relieve the Contractor’s requirement to submit a Written Narrative schedule. When there is no Preconstruction Conference, or when the Engineer determines that a Written Narrative alone will suffice for the progress scheduling documents, updates will occur through bi-weekly progress schedule meetings between the Contractor and Engineer. The format and frequency of these meetings may be adjusted only when mutually agreed upon by the Engineer and Contractor. 108-2 When baseline scheduling or update scheduling documents are not submitted within their time limitations, or when any of the provisions within this section of the project specifications are not satisfied, the progress pa y estimates will be held until the scheduling documents are presented or the outstanding provisions are satisfied. When the provisions of this section have not been satisfied such that two consecutive progress payments have been held, the Department will continue to withhold progress payments and will charge the Contractor a daily penalty equal to one half the project’s liquidated damages rate starting from the date the scheduling documents were due and continuing until the provisions of this section are met. Any costs associated with these scheduling requirements and updates are incidental to the project.

108.03 PRECONSTRUCTION CONFERENCE. After Contract award, the Engineer

may schedule a Preconstruction Conference. If the project type requires a final inspection by Central Office, Division of Construction, the Engineer will consult the Division of Construction prior to waiving the right to request a Preconstruction Conference. The purpose of the Preconstruction Conference is to bring the Contractor and Department together as a team for the project in question. Communication lines should be established and open discussions of project issues should be held. At the close of this conference, the contractual parties of the project should have a similar understanding of the project schedule, project issues, party responsibiliti es, and project goals. The discussions and agreements occurring at this conference should be audio recorded as well as kept in written format. The Engineer will keep this documentation in the project file. The written or audio documentation of this conference will be provided to the Contractor, and to other parties in attendance upon request in a timely manner. The Preconstruction Conference is comprised of 3 separate meetings that may be held concurrently or at separate times and places. These meetings include a Preconstruction Meeting, a Right-of-Way and Utilities Mee ting, and an EEO and DBE/WBE Meeting. The Right-of-Way and Utilities Meeting and the EEO and DBE/WBE Meeting are specialty meetings and are self-explanatory. The Preconstruction Meeting should involve discussions of, but not be limited to, the following:

108.04 PROSECUTION OF THE WORK. Do not begin the work until receiving the

Commissioner’s official Notice to Begin Work. After receiving notice, begin work within the following schedule:

108.05 LIMITATIONS OF OPERATIONS. Limit operations so that there is not an

unnecessarily large section of the roadway under construction at any time causing undue inconvenience to the traveling public. In the prosecution of the work, start operations at such points as the Engineer may direct. When operations have temperature or seasonal limitations, schedule the work to comply with any specification, manufacturer, or supplier requirements. When ordered by the Commissioner, open any or all sections to travel, whether the whole length of road is completed or not. 108-5

108.06 Character of Workers, Methods, and Equipment.

108.07 Determination and Extension of Contract Time.

108.07.01 General. When the Engineer suspends or delays the performance of

work, in writing, for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation or Contract time is due because of the suspension or delay, the Contractor shall submit to the Engineer, in writing, a request for an adjustment within 7 calendar days of receipt of the notice to resume work. Include the reasons and support for the adjustment in the request. If the Engineer agrees that the cost or time required for the performance of the Contract has increased because of the susp ension and the cause of the suspension was 108-6 beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the Contract in writing, accordingly. The Engineer will notify the Contractor whether or not conditions warrant an adjustment. The Department will not allow any Contract adjustment if:

108.07.02 Working Days. When the Contract time is specified in working days the

Engineer will charge all working days that occur, beginning with the 31 st calendar day following the date of the Notice to Begin Work, to the Contract even when the Contractor is not performing work, except that during December, January, February, and March, the Engineer will not charge working days to the Contract regardless of whether or not the Contractor is performing work. During the months when the Engineer is charging working days, the Engineer will furnish the Contractor biweekly statements showing the number of days charged for the period, the total number of days charged to the Contract through that date, and the number of days remaining for completion of the Contract. The Contractor acknowledges acceptance of, and agreement with, all bi-weekly statements unless the Contractor submits a written protest containing supporting evidence for a change within 14 calendar days of receiving the bi-weekly statement. The Department bases the specified Contract time on the original quantities of work as defined in Subsection 102.05. The Engineer will not shorten the Contract time when the final Contract cost is less than the original Contract cost because of net decreases in the quantities or the elimination of items. When the final Contract cost is greater than the original Contract cost because of net increases in the original quantities or the addition of items, the Engineer will grant an extension of the Contract time. The Engineer will determine the number of additional working days due for the additional work by dividing the value of the additional work by the value of the original Contract work and multiplying this ratio by the number of original Contract working days. When, however, the Engineer determines that the additional work is of such character, or occurs so near the time of completion of the project, that the Contractor requires more time to complete the additional work than is indicated by the working day/Contract amount ratio, the Engineer may extend the Contract time by as much as the anticipated number of working days necessary to complete the additional work. In these instances, the Engineer will establish the number of allowable working days at the time the Contractor agrees to perform the additional work. The Contract may require that, before the C ontractor orders or uses specific materials or products, the Contractor submit to the Department shop drawings, manufacturer’s brochures or specifications, material certifications or mill test reports, and other similar requirements describing each of the specific materials or products identified. When any such requirements are applicable, the Department considers obtaining, preparing, or producing that which is required, gaining the necessary review or approval by the Department, and obtaining delivery to the project of these materials or products as an essential part of the Contract. When the Engin eer deems that the Contract item or job-site operation associated with these requirements is the controlling item or operation, the Engineer will charge working days without re gard to conditions on the project site, until the Contractor delivers sufficient materials or products, or other conditions arise, which causes a job-site operation to become the controlling operation. When the Contract specifies that the Contractor wait for a period of time after embankment construction to achieve anticipated settlement, the Engineer will not consider the embankment where settlement is anticipate d as the controlling item during the waiting period. If the Engineer determines that the controlling item or operation is delayed by the settlement period, the Engineer will not char ge working days until the specified waiting 108-7 period and settlement is complete. The Engineer will charge working days when work can begin or resume on the controlling item or operation.

108.07.03 Calendar Days. When contract time is specified in calendar days, the

Engineer will charge every calendar day, beginning with the calendar day following the date of the Notice to Begin Work, including all Saturdays, Sundays, holidays, and non-working days, to the Contract. The Engineer bases the Contract time on the original quantities of work as defined in Subsection 102.05. The Engineer will not shorten the Contract time when the final Contract cost is less than the original Contract cost because of net decreases in the quantities or the elimination of items. When the final Contract cost is greater than the original Contract cost beca use of net increases in the original quantities or the addition of items, the Engineer will grant an extension of the Contract time. The Engineer will determine the number of additional calendar days due for the additional work by dividing the value of the additional work by the value of the original Contract work and multiply this ratio by the number of original Contract calendar days. When, however, the Engineer determines that the additional work is of such character, or occurs so near the time of completion of the project, that the Contractor requires more time to complete the additional work than is indicated by the calendar day/Contract amount ratio, the Engineer may extend the Contract time by as much as the anticipated number of calendar days necessary to complete the additional work. In these instances, the Engineer will establish the number of allowable calendar days at the time the Contractor agrees to perform the additional work. The Engineer will not allow any extension of time for weather or resulting conditions, except for delays caused by earthquakes, tornadoes, or other similar catastrophic forces.

108.07.04 Fixed Completion Date. When contract time is specified as a fixed

completion date, complete all work on the project by that date regardless of the length of time between the Notice to Begin Work and the specified completion date. The Engineer bases the Contract time on the original quantities of work as defined in Subsection 102.05. The Engineer will not shorten the Contract time when the final Contract cost is less than the original Cont ract cost because of net decreases in the quantities or the elimination of items. When the final Contract cost is greater than the original Contract cost because of net increases in the original quantities or the addition of items, the Engineer will grant an extension of the Contract time. The Engineer will determine the length of the extension of time, in calendar days, due for the additional work by dividing the value of this additional work by the value of the original Contract work and multiply this ratio by the number of calendar days from Notice to Begin work to the original fixed completion date. When the Engineer determines that the additional work is of such character, or occurs so near the time of completion of the project, that the Contractor requires more time to complete the additional work than is indicated by the Contract time/Contract amount ratio, the Engineer may extend the Contract time by as much as the anticipated number of calendar days necessary to complete the additional work. In these instances, the Engineer will establish the number of allowable calendar days at the time the Contractor agr ees to perform the additional work. When the period between the execution of the Contract and the issuance of the Notice to Begin Work exceeds 30 calendar days, as provided in Subsection 103.06, the Department may extend the fixed completion date by the number of calendar days the Notice to Begin Work was withheld in excess of the 30 calendar days. The Engineer will not allow any extension of time for weather or resulting conditions, except for delays caused by earthquakes, tornadoes, or other similar catastrophic forces.

108.08 SUSPENSION OF WORK. The Engineer may order the Contractor in writing

to suspend, delay or interrupt all or part of the work for such period of time as the Engineer may determine to be appropriate for the convenience of the Commonwealth. If the Engineer suspends or delays the performance of all or any portion of the work for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additional compensation or 108-8 Contract time is due as a result of such suspension or delay, the Contractor shall submit to the Engineer, in writing, a request for adjustment within seven calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the Engineer will evaluate the Contractor’s request. If the Engineer agrees that the cost and/or time requested for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, subcontractors at any tier, its suppliers, or weather, the Engineer will make an adjustment (excluding profit) and modify the Contract in writing accordingly. The Engineer will notify the Contractor whether or not the adjustment is warranted. The Engineer will not allow any Contract adjustment unless the Contractor has submitted the request for adjustment within the prescribed time. The Engineer will not allow a Contract adjustme nt under this clause to the extent that the performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this Contract.

108.09 FAILURE TO COMPLETE ON TIME. For each calendar day that the

Contractor fails to complete the work after the final Contract time allowed according to Subsection 108.07 for the completion of the Contract, the Department will deduct the applicable daily charge specified in this subsection from any money due the Contractor; not as a penalty, but as agreed liquidated damages. The Department will deduct daily charges as agreed liquidated damages for each calendar day without regard to inclement weather or the temperature limitations in the Contract, except that the Department will not deduct liquidated damages when the specified seasonal or temperature limitations prohibit the Contractor from performing work on the controlling item or operation. The Department will charge the agreed liquidated damages on a calendar day basis regardless of whether the Contract time is measured in calendar days, working days, or is established as a specified completion date contract. Because the prosecution of work in connection with the construction of road and bridge projects will inconvenience the public, obstruct traffic, and interfere with business, complete the work as quickly as practical. Also, the Department’s costs for the administration of the Contract, including inspection, engineering, supervision, and maintaining detours, increases with the time that the Contractor takes to execute the work. When the Department allows the Contractor to continue and to finish the project beyond the Contract time, such permission does not operate as a waiver by the Department of any of its rights under the Contract. The Engineer may require the Contractor to perform work to fulfill the requirements of Subsections 212.03.03 D), 212.03.03 F), 713. 03.05, and 714.03.06 after the Contract time has elapsed and after the Engineer has declared the project otherwise complete. The Department will not assess liquidated damages for this work provided that the Contractor completes the work within the following periods:

212.03.03 G) within 30 days after the Enginee r’s direction to correct the seeding, or

at a later date that the Engineer directs at the time of inspection.

713.03.05 and 714.03.06 within 30 days after th e Engineer’s direction to correct the

striping, or at a later date that the Engineer directs at the time of inspection. When the Contractor has not completed this work within the time period allowed above as applicable, the Department will assess liquidated damages at 25 percent of the original Contract daily charge from the expiration of the time allowed above until the Contractor completes the specified work, except that the Department will not deduct 108-9 liquidated damages when the specified seasonal or temperature limitations prohibit the Contractor from performing work on the controlling item or operation.. The Department will apply the following schedule of agreed liquidated damages: Original Contract Amount Daily Charge (From) (To and including) 0.00 100,000.00 250.00 100,000.01 500,000.00 750.00 500,000.01 1,000,000.00 1,650.00 1,000,000.01 5,000,000.00 2,400.00 5,000,000.01 10,000,000.00 3,250.00 10,000,000.01 20,000,000.00 4,000.00 20,000,000.01 or more 4,750.00

108.10 DEFAULT AND TERMINATION OF CONTRACT. The Commissioner,

after giving due notice to the Contractor and his Surety, has the authority to take the prosecution of the work out of the hands of the Contractor or Surety, or both, for any breach of the Contract that the Contractor commits, as follows:

108.11 Emergency Deferment Or Termination of Contract.

When a national emergency exists, by reason of war conditions involving the US; by reason of orders of the US Government or its duly authorized agencies; or by Executive Order with respect to the prosecution of war or to national defense; and such emergency, upon a finding by the Department, creates a shortage of materials, labor, or equipment that prevents the Contractor from proceeding with his contract, the Department and the 108-10 Contractor may defer such construction in whole or in part, or the Department may terminate such contract, or any part thereof.

108.11.01 Deferment. In all cases where the Department defers construction, the

Department and the Contractor will execute a written agreement stating the terms and conditions of such deferment.

108.11.02 Termination. When the Department terminates the Contract or any

portion of the Contract, and the Contractor is released before completing all items of work included in the Contract, the Department will pay for the actual items of work completed. The Department will pay on the basis of agreed prices for the following:

108.12 TERMINATION OF CONTRACT IN THE PUBLIC INTEREST. When

unexpected state, federal , or local conditions of extraordinary significance occur which are beyond the control of both the Contractor and the Department, causing the Department to determine that termination of a contract will be in the public interest, the Department will terminate all or selected portions of the work in the Contract that remain incomplete. The Engineer will then determine equitable payment procedures to adequately compensate the Contractor for this unusual and unexpected termination of the Contract. The Department will compensate the Contractor for a terminated contract in an amount not exceeding the original total Contract amount, unless the Engineer approved change orders for increases prior to the occurrence of the unexpected conditions or the Engineer makes subsequent field measurements of authorized excavation and other such variable items that verify that the Contractor completed quantities in excess of the Contract quantities.

108.13 TERMINATION OF CONTRA CTOR’S RESPONSIBILITY. T h e

Department will consider the Contract complete when the Contractor has completed all work, the Commissioner has accepted the project, and the Contractor has complied with all obligations relative to the Contract and the bonds, except as provided in Subsection 107.17. 108-11 SECTION 109  MEASUREMENT AND PAYMENT

109.01 Measurement of Quantities.

109.01.01 General. The Engineer will measure all work completed under the Contract

according to the English system. A station, when used as a definition or term of measurement, will be 100 linear feet measured horizontally. The Engineer will determine quantities of material the Contractor furnishes and work the Contractor performs under the Contract using measurement methods and computations generally recognized as conforming to good engineering practice. The Engineer will take longitudinal measurements for area computations of pavement surfaces horizontally, and make no deductions for individual fixtures having an area of one square meter or less. The Engineer will determine transverse measurements for area computations of pavement surfaces using the neat dimensions specified in the Plans or ordered in writing except the Department will measure JPC Pavement according to Subsection 501.04. The Engineer will measure structures according to neat lines specified in the Plans or as altered by the Engineer to fit field conditions. For all items measured by the linear foot, such as pipe culverts, guardrail, underdrains, etc., the Engineer will measure parallel to the base or foundation of the structures unless otherwise specified in the Plans. In computing volumes of excavation and embankments, the Engineer will use the average end area method or other acceptable methods. For the purpose of ascertaining the quantities, the Engineer will use the measurements in CADD electronic files. The planimeter, digitizer, or other computations may be used when CADD electronic files are not available or are different from the record set. The Engineer will specify and measure the thickness of plates and galvanized sheet used in the manufacture of corrugated metal pipe, metal plate pipe culverts and arches, and metal cribbing. When the Contract uses the term “ton”, it means the short ton consisting of 2,000 pounds. A metric ton consists of 1 000 kilograms. The Engineer will measure asphalt materials by the gallon or ton. The Engineer will measure volumes at 60 °F or will make corrections to determine the volume at 60 °F, using ASTM D 1250 for asphalts or ASTM D 633 for tars. When the Contractor ships bituminous materials by truck or transport, the Engin eer may use net certified weights, subject to correction for loss, for computing quantities. Certify weights according to the Department’s current procedures. The Engineer will measure cement by the ton. When the Contract uses the term “lump sum” as an item of payment it means the complete payment amount for the work described. When the Contract specifies a complete stru cture or structural unit (in effect, “lump sum” work) as the unit of measurement, the st ructure or structural unit will include all necessary fittings and accessories. When the Contract specifies standard manufact ured items such as fence, wire, plates, rolled shapes, pipe, or conduit, and these items are identified by thickness or diameter, unit weight, section dimensions or other dimensions, such identification refers to nominal weights or dimensions. Unless the Department specifies more stringent tolerances, the Engineer will accept manufacturing tolerances established by the industries involved. When the Contract designates design quantities for a specific portion of the work as the pay quantities, the Engineer will use these as the final pay quantities for that specific portion of the work, unless the Engineer revises the dimensions of said portions of the work from those specified in the Plans. When the Engineer’s revised dimensions result in an increase or decrease in the quantities of such work, th e Engineer will revise the final pay quantities accordingly. The Engineer will perform final measurement of only those quantities that are 109-1 delivered, in-place, and accepted. When weights include rejected material, the Engineer will deduct the quantity of such rejected material from the final measurement. For the measurement of concrete or stone masonry, the Engineer will include only that volume within the neat lines as specified in the Plans or as the Engineer has staked. The Engineer will use the prismoidal formula in co mputing the volumes of structures, or portions of structures, having end sections of unequal areas. The Engineer will measure quantities of work or materials not included herein according to the applicable Sections in these Standard Specifications. When not so specified, the Engineer will measure other qua ntities according to well recognized practices and will not consider local rules or customs.

109.01.02 Weighing - General. Except as otherwise provided, furnish all scales.

Provide scales that are suitable for the purposes intended and conform to the tolerances and specifications of the Division of Weights and Measures. Have all scales inspected to ascertain their accuracy whether operating at a commercial plant or operating on the project. Ensure that all scales are inspected, by a representative of a commercial scale company registered with the Division of Weights and Measures, within 3 months before the beginning of production, every 3 months during production, and any other time the Engineer deems necessary. The Engineer will accept inspection by the Division of Weights and Measures as a substitute for a commercial scale company inspection. Keep a copy or ensure that the material supplier keeps a copy of the latest report of inspection by the Division of Weights and Meas ures or commercial scale company on file at the scale location. Furnish or ensure that the material supplier furnishes all personnel necessary to perform weighing, including tare weighing, and to prepare all required records. Use properly housed truck pit-scales of an approved type that are tested, or automatic printing scales as specified in Subsection 109.01. 03. Use scales that are accurate to within 0.2 percent throughout their entire weighing range. Certify or ensure that the material supplier certifies the quantities furnished each day for all materials which the Department will pay for in tons. Complete or ensure that the material supplier completes a weight ticket for each load of material delivered to the project and that the weigher or plant manager signs each weight ticket, unless otherwise approved by the Engineer. Ensure redistribution yards provide the producing source of the material on the ticket.

109.01.03 Automatic Printing Scales. Use the following types of scales:

109.01 02.

109.01.04 Weighing Small Quantities. After obtaining the Engineer’s approval, the

Contractor may certify the quantities of certain materials, in lieu of the Engineer weighing them. The materials, maximum daily quantities, and maximum quantities per project covered by this subsection are as follows. Maximum Maximum Quantity Item Daily Quantity Per Product Aggregates 100 tons 200 tons Plant-mixed aggregate bases 100 tons 200 tons Cement-treated bases 50 tons 100 tons Asphalt Prime or Tack 5 tons 20 tons Asphalt Millings 100 tons 200 tons Asphalt Mixtures 50 tons 100 tons

109.01.05 Overloads. The Department will not pay for that portion of any load that

exceeds the legal or authorized load limit. Weigh all material on approved scales. Accompany each shipment with a certified weight ticket. The Engineer may direct the Contractor to reweigh any shipment if the Engineer determines that the stated weight appears to be incorrect. The Engineer may direct the Contractor to discontinue weighing by any method and require weighing by other approved means at any time the Engineer discovers unsatisfactory results.

109.02 SCOPE OF PAYMENT. Receive and accept the compensation provided for in

the Contract as full payment for furnishing all materials and for performing all work under the Contract, including changes in work, materials, or Plans as provided herein, in a complete and acceptable manner; for all risk, lo ss, damage, or expense of whatever character arising out of the nature of the work or the prosecution thereof; and for all expenses incurred in consequence of the suspension or discontinuance of the work as specified under the Contract. The Department’s payment of any estimate does not relieve the Contractor of any obligation to make good any defective work or material. Accept the Department’s payment of the Contract unit prices for the various bid items of the Contract as full compensation for all labo r, materials, supplies, equipment, tools, and all things of whatever nature required for the complete incorporation of the item into the work the same as though the items were to be read “In Place”.

109.03 COMPENSATION FOR ALTERED QUANTITIES. Should the Engineer

require any alterations in the Plans, as described in Subsections 102.05 and 104.02, that result in an increase or decrease in the quantities of the work, the Contractor shall accept the Contract unit prices for the actual quantities of work performed as payment in full, except as provided for by supplemental agreement and except that should any alteration directly cause the loss of any work or material that the Contractor has already furnished under the terms of the original Contract, the Department will reimburse the Contractor for the actual cost of such work or of salvaging such material. When quantities overrun an 109-6 extension of contract time may be given as per Section 108.07 but no additional compensation will be awarded. Payment for these quantities at the established contract unit price will include at necessary labor, materials, equipment, and overhead to complete the work. 109.04 EXTRA WORK. The Department will pay for extra work performed according to Subsection 104.03 at a lump sum price or at unit prices stipulated in a supplemental agreement; or, in lieu of such agreement, the Department may require the Contractor to perform such work on a force account basis.

109.04.01 Supplemental Agreement. The Department may enter into a supplemental

agreement with the Contractor to perform work which is not included in the original Contract, or as provided in Subsection 104.02. Both the Department and the Contractor will execute the supplemental agreement. An executed supplemental agreement immediately becomes a part of the original Contract, and is subject to all general and special provisions of the original Contract.

109.04.02 Force Account Work. When the Contractor and the Department cannot

agree to either a lump sum price or unit price for extra work, the Department may direct the Contractor to perform such work on a force account basis. The Department will pay for extra work on a force account basis as outlined hereinafter, only when all items of work are agreed to in writing before the Contractor begins the work. This should include type, number and estimated hours of labor, all material to be used, all pieces of equipment along with the Blue Book rates and/or rental rates as applicable and estimated hours for each piece of equipment.

109.05 PARTIAL PAYMENTS. The Department will make partial payments bi-weekly

as the work progresses. The Department will base the partial payments on estimates that the Engineer prepares of the value of the work performed, materials placed, and for materials delivered for which the Department allows payment. For each partial payment, the Department will pay 100 percent of the value computed from the bi-weekly estimate as due, less any previous partial payments. The Engineer will furnish to the Contractor a copy of each pay estimate, which will show in detail the amount of all quantities that the Department will pay.

109.05.01 Materials on Hand.

109.06 ACCEPTANCE AND FINAL PAYMENT. Within 180 days after the Engineer

has completed final inspection and acceptance of the work, the Engineer will compile a final estimate for the Contract, showing the final quantities of all work performed, all retained percentages, and all deductions from the final amount for liquidated damages and any other deductions provided for in the Contract. The Engineer will submit the final estimate to the Contractor for his review. Within 60 calendar days after receiving the final estimate, submit to the Engineer a written statement of agreement with the final estimate or a written statement of disagreement with the final estimate. Upon the Contractor’s agreement with the final estimate, or when the Contractor makes no acceptable statement of disagreement within the 60 calendar days provided herein, the Engineer will process the final estimate for 109-9 payment. The Department will consider the C ontractor’s written statement of disagreement with the final estimate acceptable only if it contains an item-by-item list of the items that the Contractor does not agree with and the reasons for disagreeing with each listed item. When the Contractor submits an acceptable statement of disagreement with the final estimate, the Engineer will withhold payment of the final estimate to determine the validity of the Contractor’s disagreement(s). After cons ideration of the Contractor’s statement, the Engineer may revise the final estimate according to the judgment of the validity of the Contractor’s disagreement(s). After the Department deducts the total amount of all previous payments, liquidated damages, and any other appropriate deductions, the Department will certify the amount of money due the Contractor for payment to the Commonwealth as required by law. The Contractor’s acceptance of payment for the fina l quantities constitutes as a release to the Commonwealth and the Department. When the final release is sent to the Contractor shows that he has been overpaid, then he has 60 days to refund the overpayment or submit a written statement of disagreement with the estimate. Failure to make this restitution will subject the Contractor to the provisions of Subsection 102.04. The Department does not waive any rights to recover the overpayment.

109.07 PRICE ADJUSTMENTS. Due to the fluctuating costs of petroleum products,

the Department will adjust the compensation of specified liquid asphalt items and diesel fuel in contracts when contract quantity thresholds are met.

109.07.01 Liquid Asphalt. The Department will compare the Kentucky Average

Price Index (KAPI), for the month that the Contract is let, to the index for the month that the Contractor places the material on the project to determine the percent change. When the original contract quantity for asphalt items is equal to or greater than 3,000 tons and when the average price of the liquid asphalt products increases or decreases more than 5 percent, the Department will adjust the Contractor’s compensation. The KAPI is calculated monthly using the average price, per ton at the terminal, from the active suppliers of liquid asphalt. Adjustable Contract Items :  Asphalt Curing Seal  Asphalt Prime Coat  Asphalt Material for Tack  Asphalt Materials for Preventive Maintenance applications  Asphalt Mixture for Base, All Classes  Asphalt Mixture for Binder, All Classes  Asphalt Mixture for Surface, All Classes  Sand Asphalt Surface  Asphalt Open-Graded Surface  Asphalt Seal Coat  Asphalt Mixture for Leveling and Wedging  Asphalt Mixture for Scratch Course  Drainage Blanket - Type II – Asphalt  Stone Matrix Asphalt Base  Stone Matrix Asphalt Surface The Department will determine the price adjustment using the following formulas: Asphalt Price Adjustment = (Q x A/100) x (PC - PL) 109-10 Where: Q = Tons of material or mixture placed each month. A = Percent of material or mixture that is asphalt. PL = KAPI for the month that the Contract is let. PC = KAPI for the month that the Contractor places the material or mixture. The job-mix formula for asphalt base, binde r, and surface mixtures determines “A”, which is the percent of asphalt. For recycled mixtures, the Department will determine the adjustment for the new asphalt cement only. The Department will consider the percent of asphalt materials for tack, prime, seal, and preventive maintenance applications as no more than the minimum asphalt content required by the contract.

109.07.02 Fuel. The Department will adjust the Contractor’s compensation when the

average price of diesel fuel increases or d ecreases more than 5 percent and the original Contract quantity for the item on which the fuel is consumed is equal to or greater than the threshold quantities listed in the following table. Item Threshold Quantity Fuel/Work Roadway Excavation (1) 10,000 cubic yards 0.25 Embankment-in-Place (1) 10,000 cubic yards 0.25 Borrow Excavation 10,000 cubic yards 0.25 Lime or Cement Stabilized Roadbed 2,000 square yards 0.14 DGA Base or Crushed Stone Base 5,000 tons 0.52 Crushed Aggregate 5,000 tons 0.52 Used for Embankment Stabilization Used for Stabilization of Unsuitable Materials Drainage Blanket, Cement Treated or Untreated 5,000 tons 0.52 Drainage Blanket, Asphalt Treated 5,000 tons 2.25 Asphalt Mixtures for Pavements or Shoulders 3,000 tons

109.07.03 Payments and Deductions. When thresholds are met, the Department will

adjust the Contractor’s compensation for each eligible original contract pay item, paid or deducted, monthly. If later price decreases indicate that the Department made an overpayment, the Department will withhold the overpayment from succeeding pay estimates on the project, or the Contractor shall immediately refund the over payment to the Department. When the Contractor places materials during any month after the month that the Contract time (including all approved time extensions) expires, the Department will use the average price for the month that the Contractor places the material or the average price for the last month of the Contract time; whichever is least. The Department will not grant a time extension for any overrun in the Contract amount due to payments made according to this section. The Department will not make any additional compensation due to adjustments made according to this section. The Department will adjust the Contractor’s compensation on the following months pay estimate and on the final pay estimate. The Department will make the final adjustment of the Contractor’s compensation on the final estimate for the project. 109-12 SECTION 110  MOBILIZATION A ND DEMOBILIZATION

110.01 MOBILIZATION. This subsection describes the requirements for mobilization

when “Mobilization” is included in the Bid Proposal as a separate bid item. Perform all preparatory work and operations necessary to move personnel, equipment, supplies, and incidentals to the project site; to establish offices, buildings, and other facilities that are necessary for performing the work; and to accomplish all other work or operations that must be performed, including costs that must be incurred, to begin work on the project. Do not bid an amount for Mobilization that exceeds 5 percent of the sum of the total amounts bid for all items in the Bid Proposal, excluding Mobilization, Demobilization, and contingent amounts established for adjustments and incentives. The Department will automatically adjust any Bid Proposals that are in excess of this amount down to 5 percent to compare Bid Proposals and award the Contract. The Department will award a Contract for the actual amount bid when the amount bid for Mobilization is less than 5 percent, or the Department will award the Contract for the adjusted bid amount of 5 percent when the amount bid for Mobilization is greater than 5 pe rcent. If any errors in unit bid prices for other Contract items in a Contractor’s Bid Proposal are discovered after bid opening and such errors reduce the total amount bid for all other items, excluding Mobilization, Demobilization, and contingent amounts established for adjustments and incentives, so that the percent bid for Mobilization is larger than 5 percent, the Department will adjust the amount bid for Mobilization to 5 percent of the sum of the corrected total bid amounts.

110.02 DEMOBILIZATION. This subsection describes the requirements for

demobilization when “Demobilization” is included in the Bid Proposal as a separate bid item. Perform all work and operations necessary to accomplish final clean-up as specified in the first paragraph of Subsection 105.12; to move personnel, equipment, supplies, and incidentals from the project site; to remove all offices, buildings, and other facilities that were necessary for performing the work; and to accomplish all other work that must be performed, including costs that must be incurred, after acceptable completion of construction operations on the project. Bid an amount for Demobilization that is a minimum of $1,000 and is a minimum of 1.5 percent of the sum of the total amounts bid for all other items in the Bid Proposal, excluding Mobilization, Demobilization, and contingent amounts established for adjustments and incentives. The Department will automatically adjust any Bid Proposal that is less than this amount up to the greater of $1,000 or 1.5 percent to compare Bid Proposals and award the Contract. The Department will award a Contract for the actual amount bid when the amount bid for demobilization exceeds $1,000 and 1.5 percent, or the Department will award the Contract for the adjusted bid amount when the amount bid for demobilization is less than the minimum of $1,000 or less than 1.5 percent of the sum of the total amounts bid for all other items in the Bid Proposal, excluding Mobilization, Demobilization, and contingent amounts established for adjustments and incentives.

110.03 MEASUREMENT. The Department will measure all work performed as part

of Mobilization as a lump sum, when Mobilization is included in the Bid Proposal as a separate bid item. The Department will measure all work performed as part of Demobilization as a lump sum, when Demobilization is included in the Bid Proposal as a separate bid item.

110.04 PAYMENT. The Department will pay for the quantities at the Contract unit

price as follows. When Mobilization is included in the Bid Proposal as a separate bid item, the Department will make partial payments for Mobilization in 2 equal or approximately equal 110-1 payments. The Department will make the first payment on the first pay estimate on which the Contractor’s total earned value on Contract items, other than Mobilization, exceeds $1,000.00. The Department will make the second payment on the first pay estimate on which the Contractor has earned 5 percent or more of the total Contract amount for Contract items, other than Mobilization. The Department will make both payments simultaneously when these requirements are met at the same time. When Mobilization is not included in the Bid Proposal as a separate bid item, then the Department will consider all costs associated with mobilization incidental to the Contract and will make no separate payment for mobilization. When Demobilization is included in the Bid Proposal as a separate bid item, the Department will pay for Demobilization according to the following schedule:

111.01 DESCRIPTION. A Value Engineering Change Proposal (VECP) is a cost

reduction plan that is initiated, developed, and submitted by the Contractor to the Department for modifying the plans, specifications, or other contract requirements. These provisions do not apply to a proposal unless it is id entified as a VECP when it is submitted. A VECP requires changes in the contract that result in savings to the Department without impairing essential functions and characteristics of the facility while maintaining and meeting all design and Cabinet policies, environmental requirements, and project commitments. Essential functions and characteristics include but are not limited to service life, reliability, economy of operation, ease of maintenance, standardized features, safety, satisfaction of customer needs, desired ability, and special design requirements. VECP’s proposing a total savings of less than $25,000 (twenty-five thousand dollars) will normally not be considered unless there are additional non-monetary savings to the Department. The Department reserves the right not to consider any VECP.

111.02 CONCEPTUAL VALUE ENGINEERING CHANGE PROPOSAL (CVECP). The Contractor may submit for review a CVECP provided that it contains

enough information to clearly define the work involved and the benefits to be realized. Written notification by the Department that the review has been completed and that the CVECP appears favorable merely indicates that the engineering and plan development may continue for submittal of the formal VECP and is not authorization for any construction work to begin. Should the Contractor continue with the development of the formal VECP, the Department may reject the VECP if the expected benefits are not realized once the formal proposal is complete. The approval of the CVECP and the Department’s decision to reject the formal VECP that is submitted shall be final and will not be subject to the provisions of Subsection 105.13.

111.03 Value Engineering Change Proposal (Vecp)

111.03.01 Documentation. VECP’s will be processed in the same manner as

prescribed for any other alteration of the Contract requiring a Supplemental Agreement. As a minimum, the following information shall be submitted by the Contractor with each VECP:

111.03.02 Submission and Review. VECP’s submitted by the Contractor will be

processed as expeditiously as possible; however, the Department will not be liable for any delay in acting upon proposals submitted. The Contractor may withdraw, wholly or in part, any VECP not accepted by the Department within the time specified in Subsection 111.03.01 (4). The Department will determine the acceptability of a VECP and the estimated net cost savings to be realized from adoption of all or any part of the proposal. After receipt of the required minimum in formation, as specified in Subsection

111.03 01, the Department will review and provide notification of whether the VECP is accepted or rejected.

The Department may reject a VECP for the following criteria:  Inconsistent with established Department policies  Inconsistent with project design policies or criteria  Corrects a contract omission or plan error  Excessive review time is required  The project is a Design-Build project. The Contractor must understand the following:  The Contractor has no claim to additional costs or delays, including development costs; loss of anticipated profits; or increased material or labor costs if the VECP is rejected.  The Department has sole authority in determining the acceptance of any VECP.  The Department reserves the right to reject all unacceptable work resulting from an approved VECP and can require that rejected work be removed and re-constructed under the original contract.  The proposal will be disqualified if requests for additional information are not immediately met.

111.03.03 Acceptance. The decision of the Department to accept or reject a VECP

shall be final and will not be subject to the provisions of Subsection 105.13. The Department reserves the right not to consider any VECP. The Director of Construction will make the decision on the acceptance of the VECP. An informal meeting with the Director of Construction may be requested.

111.03.04 Notification. The Contractor will be notified in writing of the

Department’s decision to accept or reject each VECP submitted under these provisions. If a proposal is accepted in whole or in part, such acceptance will be by letter from the Director of Construction. If the approva l is conditional, the letter will note those conditions. If a VECP is accepted, the Department will execute a Supplemental Agreement that incorporates the necessary Contract modifications. The Department reserves the right to include in the supplemental agreement any conditions it deems appropriate for consideration, approval, a nd implementation of the VECP. Perform all work according to the terms of the existing Contract until the Department executes a supplemental agreement. The Department's approval of a VECP voids any restrictions that the Contractor had imposed on the use or disclosure of the information that the Contractor included in the VECP, and the Department then has the right to use, duplicate, and disclose, in whole or in part, any data necessary to implement any portion of the proposal on this project and all other Department projects.

111.03.05 Contract Time. The Department will adjust the Contract completion

time for any time savings realized by implementing a VECP. The Department may not provide any incentive pay for early completion days resulting from time savings related to an approved VECP. The Department will grant additional contract time when specified in the supplemental agreement. 111-2

111.04 MEASUREMENT. The Department will measure the quantities for all revised

work specified in the supplemental agreement according to Section 109. The Department will measure the gross savings in cost by subtracting the estimated construction costs of the proposed and accepted option from the estimated construction costs in the original Contract. Third party engineering and development costs incurred by the Contractor when substantiated by invoice, sh all be subtracted from the computed gross savings of the VECP. Third party engineering and in-house review costs shall be subtracted from the computed gross savings of the VECP. The Department’s labor costs will be calculated at the fixed amount of $50.00 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in this portion of the cost. Gross Savings = (Estimated Construction Co st of Original Contract) – (Estimated Construction Cost of Proposed Work) Net Savings = (Gross Savings) – (Contractor’s Engineering Costs) – (Department’s Engineering Costs) Value Engineering = (Net Savings)/2

111.05 PAYMENT. The Department will make payment directly for all completed and

accepted revised work specified in the change order or supplemental agreement according to Subsection 109.04. The Department will make payment for 50 percent of the net savings in cost for the approved VECP. The Department will consider payment as full compensation for all work required under this section. Item Code Description Unit 10121NX Value Engineering Dollar 111-3 SECTION 112  MAINTENANCE AND CONTROL OF TRAFFIC DURING CONSTRUCTION

112.01 DESCRIPTION. Maintain, control, and protect vehicular, bicycle, and

pedestrian traffic adjacent to and within the construction area.

112.02 MATERIALS AND EQUIPMENT. Provide certification that all Work Zone

Category I, II, and III Devi ces are compliant with current MASH standards.

112.02.01 Channelization Devices.

112.02.02 Retroreflective Material. Conform to Section 830.

112.02.03 Lighting Devices. Conform to the MUTCD.

112.02.04 Signs.

112.02.05 Temporary Pavement Markings.

112.02.06 Asphalt Surfacing Materials. Conform to materials requirements in

Division 400 — for the mixture the Contract specifies.

Division 200

EARTHWORK SECTION 201  STAKING