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General Requirements & Control

105AUTHORITY OF THE ENGINEER

LA · 2016 Standard SpecificationsBook pages 54–75View official source ↗

Control of Work

105.01 AUTHORITY OF THE ENGINEER. The engineer, acting

directly or through duly authorized representatives in accordance with

105.09 , will decide all questions which arise as to quality and acceptabilit y

of materials furnished and work performed, rate of progress of the work, interpretation of plans and specifications, and acceptable fulfillment of the contract by the contractor. The engineer will have the authority to suspend the work wholly or in part due to failure of the contractor to correct conditions unsafe for workmen or the general public; for failure to carry out provisions of the contract; for failure to carry out orders; for such periods as deemed necessary due to unsuitable weather; for conditions considered unsuitable for prosecution of the work; or for other conditions or reasons deemed to be in the public interest. Orders to suspend the work will be in writing and will include the reasons for the suspension. The order to resume work will also be in writing. The Chief Engineer has the authority to suspend the work if, at any time, the required policies of insurance become unsatisfactory to the Department, as to form or substance, or if a company that has issued any policies becomes unsatisfactory to the Department. When work is suspended due to acts, failures to act, or omissions of the contractor, all delays resulting therefrom shall be non-excusable delays and noncompensable.

105.02 PLANS AND SUBMITTALS. Conform to 801.05.2 for format of

plans , and submittals. Maintain a copy of all plans and submittals at the job site throughout the duration of the contract.

105.02.1 Plans: The contractor will be furnished, without charge , a

maximum of five sets of half -scale plans , unless full -scale plans are requested. Plans will show lines, grades, typical cross sections, location and details of structures, and a summary of pay items. Only general features will be shown for steel bridges. Standard plans required for the work, but included only by reference, will be furnished free of charge to the con tractor upon request. Control of Work

105.01 AUTHORITY OF THE ENGINEER. The engineer, acting

directly or through duly authorized representatives in accordance with

105.09 , will decide all questions which arise as to quality and acceptabilit y

105.02 PLANS AND SUBMITTALS. Conform to 801.05.2 for format of

plans , and submittals. Maintain a copy of all plans and submittals at the job site throughout the duration of the contract.

105.02.1 Plans: The contractor will be furnished, without charge , a

105.01 AUTHORITY OF THE ENGINEER. The engineer, acting

directly or through duly authorized representatives in accordance with

105.09 , will decide all questions which arise as to quality and acceptabilit y

105.02 PLANS AND SUBMITTALS. Conform to 801.05.2 for format of

plans , and submittals. Maintain a copy of all plans and submittals at the job site throughout the duration of the contract.

105.02.1 Plans: The contractor will be furnished, without charge , a

105.02.2 Submittals: A submittal consists of a transmittal letter and

required submittal contents. The transmittal letter shall include the state project number, project name, route, parish, transmittal date, and the submitter’s name and address. Unless otherwise specified, transmit submittals to the Project Engineer for review or record as provided below. Copy the Project Engineer on all submittals transmitted to other specified recipients. Submittal contents include working drawings and documents necessary to adequately control the work and fulfill contract requirements. The cost of producing, transmitting, and revising submittals shall be included in and incidental to their respective pay items. A submittal shall show clearly and explicitly that its objective complies with the contract documents and applicable codes. Vague, imprecise, or ambiguous submittals will be returned for re-submission. The Department may return the submittal for correction or additional information. Failure to explicitly identify in submittals contract and/or code deviations may result in rejection and replacement of subsequent work at no cost to the Department. Submittals do not alter, modify, or revise contract documents. The acceptance by the engineer of submittals will be subject to satisfactory installation and execution of its objective. Submittal acceptance will not relieve the contractor of responsibility under the contract for successful completion of the work or responsibility for compliance with the terms and conditions of the contract. Submittals shall be made in accordance with the following, unless specified elsewhere.

105.02.2 1 Submittal Processes: Submittals will either be for

record or review.

105.02.2 1.1 Submittal for Record: The Department reserves

the right to comment on submittals for record , but otherwise work may proceed on corresponding work once the submittal is received by the engineer.

105.02.2 1.2 Submittal for Review: Do not fabricate, install

or purchase an item, or perform corresponding work prior to receiving submittal acceptance and any specified document distribution is complete . Submittal for review will be stamped either “Returned for Correction” or “Accepted in accordance with LSSRB 105.02 ,” initialed and dated by the reviewer, and returned to the contractor by the Project Engineer.

105.02.2 Submittals: A submittal consists of a transmittal letter and

105.02.2 1 Submittal Processes: Submittals will either be for

record or review.

105.02.2 1.1 Submittal for Record: The Department reserves

the right to comment on submittals for record , but otherwise work may proceed on corresponding work once the submittal is received by the engineer.

105.02.2 1.2 Submittal for Review: Do not fabricate, install

105.02.2 Submittals: A submittal consists of a transmittal letter and

105.02.2 1 Submittal Processes: Submittals will either be for

record or review.

105.02.2 1.1 Submittal for Record: The Department reserves

the right to comment on submittals for record , but otherwise work may proceed on corresponding work once the submittal is received by the engineer.

105.02.2 1.2 Submittal for Review: Do not fabricate, install

105.02.2 Submittals: A submittal consists of a transmittal letter and

105.02.2 1 Submittal Processes: Submittals will either be for

record or review.

105.02.2 1.1 Submittal for Record: The Department reserves

the right to comment on submittals for record , but otherwise work may proceed on corresponding work once the submittal is received by the engineer.

105.02.2 1.2 Submittal for Review: Do not fabricate, install

105.02.2 Submittals: A submittal consists of a transmittal letter and

105.02.2 1 Submittal Processes: Submittals will either be for

record or review.

105.02.2 1.1 Submittal for Record: The Department reserves

the right to comment on submittals for record , but otherwise work may proceed on corresponding work once the submittal is received by the engineer.

105.02.2 1.2 Submittal for Review: Do not fabricate, install

a.Returned for Correction: A submittal stamped “Returned for Correction” has been rejected by the Department due to non-conformance with the contract, proposed unequal item substitution, perceived installation conflicts, missing information, or other deficiency.

b.Acceptance: A submittal stamped “Accepted in accordance with LSSRB 105.02 ” indicates that, at the time of review, the Department has not identified a reason to reject the submittal.

105.02.2 1.3 Review Periods: For bidding purposes, unless

specified otherwise, allow a minimum of 14 calendar days per submittal or resubmittal . Review periods for separate submittals are not concurrent. Portions of a submittal marked “Returned for Correction” will receive a new review period upon re-submittal. Submittal review for manufactured items will not begin until all interdependent items have been submitted except as described herein . Submittals for m echanical, electrical, or facility items that must be ordered early due to long delivery time may, with the approval of the Project Engineer, be submitted for review without associated assembly or working drawings, or other items that are interdependent with the long lead time item. Assembly or working drawings that contain long lead time items , and other submittals for interdependent items shall still be prepared and submitted for review in a timely manner.

105.03 Conformity With Plans and Specifications.

105.03.1 Conformity Obligation: All work and materials shall

conform to the lines, grades, cross sections, dimensions, material and all other requirement s of the contract. By signing the Contract, the c ontractor expressly affirms its understanding of the requirements of the contract, and agrees that it shall be obligated to complete the project in accordance with those requirements.

105.03.2 Reasonably Acceptable Work: When the engineer finds

the materials furnished, work performed, or the finished product not in compliance with the contract but that reasonably acceptable work has been produced, the engineer will determine to what extent the work will be accepted and remain in place. If accepted, the engineer will document the basis of acceptance by change order and/or special agreement. The change order and/or special agreement will contain appropriate documentation for an adjustment in the contract price for t he work, materials, associated costs, or value of the deficient work as necessary to support the engineer's

b.Acceptance: A submittal stamped “Accepted in accordance with LSSRB 105.02 ” indicates that, at the time of review, the Department has not identified a reason to reject the submittal.

105.02.2 1.3 Review Periods: For bidding purposes, unless

105.03 Conformity With Plans and Specifications.

105.03.1 Conformity Obligation: All work and materials shall

105.03.2 Reasonably Acceptable Work: When the engineer finds

b.Acceptance: A submittal stamped “Accepted in accordance with LSSRB 105.02 ” indicates that, at the time of review, the Department has not identified a reason to reject the submittal.

105.02.2 1.3 Review Periods: For bidding purposes, unless

105.03 Conformity With Plans and Specifications.

105.03.1 Conformity Obligation: All work and materials shall

105.03.2 Reasonably Acceptable Work: When the engineer finds

b.Acceptance: A submittal stamped “Accepted in accordance with LSSRB 105.02 ” indicates that, at the time of review, the Department has not identified a reason to reject the submittal.

105.02.2 1.3 Review Periods: For bidding purposes, unless

105.03 Conformity With Plans and Specifications.

105.03.1 Conformity Obligation: All work and materials shall

105.03.2 Reasonably Acceptable Work: When the engineer finds

b.Acceptance: A submittal stamped “Accepted in accordance with LSSRB 105.02 ” indicates that, at the time of review, the Department has not identified a reason to reject the submittal.

105.02.2 1.3 Review Periods: For bidding purposes, unless

105.03 Conformity With Plans and Specifications.

105.03.1 Conformity Obligation: All work and materials shall

105.03.2 Reasonably Acceptable Work: When the engineer finds

105.03.3 Nonconforming Work: If the engineer finds the materials,

work performed, or the finished product not in compliance with the contract and have resulted in an unsatisfactory or unacceptable product, the work or materials shall be removed and replaced at no direct pay. When directed, the Contractor shall preserve the removed work or materials at the project site, at no direct pay, pending disposal directions from the engineer. Other corrective actions submitted by the contractor will be considered by the engineer and if accept ed, will be performed by the contractor at no direct pay. If due to the contractor's negligence or selected method of operation in performing the work, the engineer deems it necessary to make changes, the contractor will be liable for the additional cost t o the Department, including, but not limited to, the cost of consulting engineers or inspectors . The amount thus determined will be deducted from payments for the work. The contractor and its surety shall be solidarily liable for any expense incurred by the Department pursuant to this provision in excess of any remaining amounts due the contractor under the contract.

105.04 Coordination and Precedence of Contract

DOCUMENTS. These specifications, the supplemental specifications, the plans, special provisions an d supplementary documents are essential parts of the contract. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, the f ollowing order of precedence will apply:

1.Special Provisions

2.Plans

3.Supplemental Specifications

4.Standard Specifications

5.Standard Plans Calculated dimensions will govern over scaled dimensions. The contractor shall take no advantage of any error or omiss ion in the plans or project specifications. If the contractor discovers such an error or omission, he shall immediately notify the engineer. The engineer will then make such corrections and interpretations as deemed necessary to fulfill the intent of the plans and project specifications. determination. Reduced pay schedules will be used when such schedules are a part of the project specifications.

105.03.3 Nonconforming Work: If the engineer finds the materials,

105.04 Coordination and Precedence of Contract

1.Special Provisions

2.Plans

3.Supplemental Specifications

4.Standard Specifications

105.03.3 Nonconforming Work: If the engineer finds the materials,

105.04 Coordination and Precedence of Contract

1.Special Provisions

2.Plans

3.Supplemental Specifications

4.Standard Specifications

105.05 COOPERATION BY CONTRACTOR. The contractor shall

keep one complete set of plans and other contract documents available at the work site. The contractor shall give the work the constant attention necessary to facilitate the progress thereof, and shall cooperate with the engineer, inspectors, and other contractors. The contractor shall have on the work site at all times, as the contractor's agent, a competent representative capable of reading and understanding the plans an d project specifications and experienced in the type of work being performed, who shall receive and execute directions from the engineer. At the preconstruction conference or upon request, the contractor shall furnish the engineer written notice of the na me and telephone numbers of the representative. The representative shall have authority to execute orders or directions of the engineer without delay and to promptly supply such materials, equipment, tools, labor, and incidentals as required. The represe ntative shall be furnished regardless of the amount of work sublet. The contractor shall furnish the Department the authorized signature list with the names of persons authorized to sign for him in matters pertaining to change orders, force account or extr a work, contract time charges and other documents. No work shall commence on the project until the contractor has complied with this requirement. A revised authorized signature list shall also be furnished when a person so designated is removed and repla ced.

105.06 COOPERATION WITH UTILITIES. The Department will notify

105.05 COOPERATION BY CONTRACTOR. The contractor shall

105.06 COOPERATION WITH UTILITIES. The Department will notify

105.05 COOPERATION BY CONTRACTOR. The contractor shall

105.06 COOPERATION WITH UTILITIES. The Department will notify

all known utility companies, pipeline owners or other parties affected by the work and endeavor to have the necessary adjustments of public or private utility fixtures, pipelines and other appurt enances within or adjacent to the limits of construction made as soon as possible. Upon award of the contract, utility companies affected will be advised by the Department of the name and address of the contractor, approximate date work will begin, and oth er pertinent information. Except as hereinafter provided, and regardless of whether the utility is shown on the plans or referred to in the project specifications, all water lines, gas lines, wire lines, fiber optic cables, telephone lines, cable televisio n lines, service connections, water and gas valve boxes, light standards, cableways, signals, and other utility appurtenances within construction limits which prevent completion of the contractor's work will be relocated or adjusted by the owners at no exp ense to the contractor. The contract will indicate utility items to be relocated, adjusted or constructed by the contractor. Where a utility crosses or otherwise occupies an area within construction limits of the project and the utility will not have the Department's required clearance when the work is completed, it shall be the Department's responsibility to arrange for necessary relocation to the required clearance. When the required clearance will exist when the work is completed, but relocation is con sidered necessary by the contractor for construction purposes, the contractor shall make arrangements with the owner for any relocation or adjustment necessary to the operations at no direct pay. In such cases, upon completion of the work and prior to fin al acceptance, the final location of the utility will be acceptable to the Department. Nothing herein shall be interpreted to mean that the Department waives its rights to control entrance onto, or location on, its right -of-way of any utility or appurtena nce. When the engineer determines that the contractor is experiencing significant delays in the controlling items of work because of delays by others in removing, relocating or adjusting utility appurtenances, contract time extensions shall be considered for such delays in accordance with

108.07 On the date stipulated in the Notice to Proceed, the contractor shall

begin work in connection with fencing, clearing, grubbing, removal of structures and obstructions, and relocation and d emolishing of other structures, provide layout as needed, and shall prosecute such work to completion to avoid delays in removal or adjustment of utilities. The contractor shall cooperate with the utility companies to avoid delays in completion of work. When the contractor's work involves excavating or underground demolition activity, the contractor is required to reach Louisiana One Call, prior to starting any work, in order to comply with the Louisiana Underground Utilities and Facilities Damage Prevent ion Law.

105.07 COOPERATION BETWEEN CONTRACTORS. The

Department reserves the right to contract for and perform additional work on or near the work covered by the contract. When separate contracts are let within, adjoining, or adjacent to the limits of the project, each contractor shall conduct the work not to hinder the progress of work by other contractors and shall cooperate with each other as directed by the engineer. When a contract is let within, adjoining, or adjacent to the limits of existing projec t(s), the existing project(s) schedule of work takes precedence over the subsequent project. Where a utility crosses or otherwise occupies an area within construction limits of the project and the utility will not have the Department's required clearance when the work is completed, it shall be the Department's responsibility to arrange for necessary relocation to the required clearance. When the required clearance will exist when the work is completed, but relocation is con sidered necessary by the contractor for construction purposes, the contractor shall make arrangements with the owner for any relocation or adjustment necessary to the operations at no direct pay. In such cases, upon completion of the work and prior to fin al acceptance, the final location of the utility will be acceptable to the Department. Nothing herein shall be interpreted to mean that the Department waives its rights to control entrance onto, or location on, its right -of-way of any utility or appurtena nce. When the engineer determines that the contractor is experiencing significant delays in the controlling items of work because of delays by others in removing, relocating or adjusting utility appurtenances, contract time extensions shall be considered for such delays in accordance with

108.07 On the date stipulated in the Notice to Proceed, the contractor shall

105.07 COOPERATION BETWEEN CONTRACTORS. The

Department reserves the right to contract for and perform additional work on or near the work covered by the contract. When separate contracts are let within, adjoining, or adjacent to the limits of the project, each contractor shall conduct the work not to hinder the progress of work by other contractors and shall cooperate with each other as directed by the engineer. When a contract is let within, adjoining, or adjacent to the limits of existing projec t(s), the existing project(s) schedule of work takes precedence over the subsequent project. The contractor shall arrange the work and shall place and dispose of materials being used not to interfere with the operation of other contractors within, adjoinin g, or adjacent to the limits of the project. The contractor shall acceptably join the work with that of other contractors and shall perform the work in proper sequence to that of the others and without causing disruption or delay to the schedule of projec t completion. The contractor shall assume all liability, financial or otherwise, in connection with the contract and shall hold the Department harmless and indemnify the Department from all damages or claims that may arise because of inconvenience, delay, or loss experienced by the contractor or caused to other contractors due to the presence and operations of other contractors working within, adjoining or adjacent to the limits of the projects.

105.08 CONSTRUCTION STAKES, LINES AND GRADES. The

contractor shall set construction stakes establishing lines and continuous profile grade in road work, and centerline and bench marks for bridge work, culvert work, protective and accessory structures and appurtenances. The engineer will furnish the contractor all necessa ry information relating to lines, slopes and grades. These stakes and marks shall constitute the field control by and in accordance with which the contractor shall establish other necessary controls and perform the work. The contractor shall be responsible for preservation of all stakes and marks. When any construction stakes or marks have been carelessly or willfully destroyed or disturbed by the contractor, the cost of replacing same will be at no direct pay.

105.09 AUTHORITY AND DUTIES OF PROJECT ENGINEER. As

the direct representative of the Chief Engineer, the Project Engineer has immediate charge of the Department's engineering details of the construction project. The Project Engineer is responsible for administration of the contract. The Project Engineer shall have authority to give directions pertaining to the work in the interest of the public, to reject defective work, materials , and equipment, and to suspend work in accordance with 105.01 . Except as permitted and instructed by the Chief Engineer, the Project Engineer is not authorized to alter or waive provisions of the contract, alter quantities, order extra and force account work, or accept any portion of the project. In no case will the Project Engineer perform any duties for or act as the representative of the contractor. The contractor shall arrange the work and shall place and dispose of materials being used not to interfere with the operation of other contractors within, adjoinin g, or adjacent to the limits of the project. The contractor shall acceptably join the work with that of other contractors and shall perform the work in proper sequence to that of the others and without causing disruption or delay to the schedule of projec t completion. The contractor shall assume all liability, financial or otherwise, in connection with the contract and shall hold the Department harmless and indemnify the Department from all damages or claims that may arise because of inconvenience, delay, or loss experienced by the contractor or caused to other contractors due to the presence and operations of other contractors working within, adjoining or adjacent to the limits of the projects.

105.08 CONSTRUCTION STAKES, LINES AND GRADES. The

105.09 AUTHORITY AND DUTIES OF PROJECT ENGINEER. As

105.08 CONSTRUCTION STAKES, LINES AND GRADES. The

105.09 AUTHORITY AND DUTIES OF PROJECT ENGINEER. As

the direct representative of the Chief Engineer, the Project Engineer has immediate charge of the Department's engineering details of the construction project. The Project Engineer is responsible for administration of the contract. The Project Engineer shall have authority to give directions pertaining to the work in the interest of the public, to reject defective work, materials , and equipment, and to suspend work in accordance with 105.01 . Except as permitted and instructed by the Chief Engineer, the Project Engineer is not authorized to alter or waive provisions of the contract, alter quantities, order extra and force account work, or accept any portion of the project. In no case will the Project Engineer perform any duties for or act as the representative of the contractor. When the work is being done by force account, the contractor shall have the responsibility to supervise the work and provide a product meeting the requirements of the contract. The Project Engineer, for force account only, shall have the authority to require the contractor to revise operations, including but not limited to, sequence and location of work; number, category and cali ber of workers; number and type of equipment; and hours of work.

105.10 DUTIES OF THE INSPECTOR. Inspectors representing the

Department are authorized to inspect all work. Such inspection extends to any part of the work and to preparation, fabrication or manufa cture of materials to be used. The inspector is not authorized to alter or waive contract provisions. The inspector is not authorized to issue instructions contrary to the contract; however, the inspector will have authority to reject work or materials u ntil any question can be referred to and decided by the engineer. In no case will the inspector perform any duties for, or act as the representative of the contractor.

105.11 INSPECTION OF WORK. All materials and each part or detail

of the work shall be subject to inspection by the engineer. The engineer shall be allowed safe and convenient access to all parts of the work, including fabrication facilities, and shall be furnished with such information and assistance by the contractor as required to make a comple te inspection. Such inspection will not relieve the contractor from the obligation to furnish acceptable materials or to perform all work in accordance with the contract. If ordered by the engineer, the contractor, at any time before acceptance of the work , shall remove or uncover such portions of the finished work as directed. After examination, the contractor shall restore said portions of the work to the standard required by the project specifications. Should the work thus exposed prove acceptable, the uncovering or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but, should the work so exposed prove unacceptable, the uncovering or removing, any testing of the work, and the replacing of the covering or making good of the parts removed will be at no direct pay. Force account records shall be kept to document possible reimbursement. When the work is being done by force account, the contractor shall have the responsibility to supervise the work and provide a product meeting the requirements of the contract. The Project Engineer, for force account only, shall have the authority to require the contractor to revise operations, including but not limited to, sequence and location of work; number, category and cali ber of workers; number and type of equipment; and hours of work.

105.10 DUTIES OF THE INSPECTOR. Inspectors representing the

105.11 INSPECTION OF WORK. All materials and each part or detail

105.10 DUTIES OF THE INSPECTOR. Inspectors representing the

105.11 INSPECTION OF WORK. All materials and each part or detail

of the work shall be subject to inspection by the engineer. The engineer shall be allowed safe and convenient access to all parts of the work, including fabrication facilities, and shall be furnished with such information and assistance by the contractor as required to make a comple te inspection. Such inspection will not relieve the contractor from the obligation to furnish acceptable materials or to perform all work in accordance with the contract. If ordered by the engineer, the contractor, at any time before acceptance of the work , shall remove or uncover such portions of the finished work as directed. After examination, the contractor shall restore said portions of the work to the standard required by the project specifications. Should the work thus exposed prove acceptable, the uncovering or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but, should the work so exposed prove unacceptable, the uncovering or removing, any testing of the work, and the replacing of the covering or making good of the parts removed will be at no direct pay. Force account records shall be kept to document possible reimbursement. Work done or materials used without supervision or inspection by an authorized Department representative, and/o r when the Department is not provided a minimum forty -eight hour notice or opportunity to provide inspection, may be ordered uncovered for examination and/or testing, and recovered, or removed and replaced, all at no expense to the Department. When a unit of government or political subdivision or other public or private entity is to pay a portion of the cost of the work covered by the contract, its representatives shall have the right to inspect the work. Such inspection shall not make any unit of governmen t, political subdivision, or corporation a party to the contract and shall not interfere with the rights of either party thereunder .

105.12 Inspector'S Stamp for Shipment.

105.12.1 Approval for Shipment: When materials requiring shop or

plant inspection are ready for shi pment, the Department's inspector or representative shall affix the stamp of the Department. Concrete girders, piles, and major structural members are stamped. For other minor members or items, the shipping list or manifest will be stamped. Application of the inspector's stamp implies that at the time of stamping it was the opinion of the inspector that the product was fabricated or manufactured from accepted materials by approved processes and painted, if required, in accordance with the contract. Applic ation of the inspector's stamp for shipment does not imply that the products will not be rejected by the Department if subsequently found to be defective. Application of the inspector’s stamp does not transfer risk of loss of the fabricated material to the Department.

105.12.2 Rejection: The inspector will reject material and

workmanship that do not conform to the contract. Stamping of products by Department representatives shall not preclude further testing and inspection by the Department. Defective materials an d workmanship, whenever discovered, will be rejected and shall be repaired or replaced at no direct pay. All repair procedures shall be subject to acceptance by the Department.

105.12.3 Shipment of Material Not Stamped: Materials and

fabricated items subjected to shop inspection will not be accepted at the project site if they do not bear the inspector's stamp for shipment. If the products are not stamped because they were not offered for shop inspection, or were shipped after rejection at the shop, the products shall be returned to the shop for inspection and correction as necessary. Work done or materials used without supervision or inspection by an authorized Department representative, and/o r when the Department is not provided a minimum forty -eight hour notice or opportunity to provide inspection, may be ordered uncovered for examination and/or testing, and recovered, or removed and replaced, all at no expense to the Department. When a unit of government or political subdivision or other public or private entity is to pay a portion of the cost of the work covered by the contract, its representatives shall have the right to inspect the work. Such inspection shall not make any unit of governmen t, political subdivision, or corporation a party to the contract and shall not interfere with the rights of either party thereunder .

105.12 Inspector'S Stamp for Shipment.

105.12.1 Approval for Shipment: When materials requiring shop or

105.12.2 Rejection: The inspector will reject material and

105.12.3 Shipment of Material Not Stamped: Materials and

105.12 Inspector'S Stamp for Shipment.

105.12.1 Approval for Shipment: When materials requiring shop or

105.12.2 Rejection: The inspector will reject material and

105.12.3 Shipment of Material Not Stamped: Materials and

105.12 Inspector'S Stamp for Shipment.

105.12.1 Approval for Shipment: When materials requiring shop or

105.12.2 Rejection: The inspector will reject material and

105.12.3 Shipment of Material Not Stamped: Materials and

105.12 Inspector'S Stamp for Shipment.

105.12.1 Approval for Shipment: When materials requiring shop or

105.12.2 Rejection: The inspector will reject material and

105.12.3 Shipment of Material Not Stamped: Materials and

105.13 Removal of Unacceptable and Unauthorized

WORK. Work not conforming to the contract will be considered unacceptable, unless otherwise determined acceptable under the provisions in 105.03 . The engineer may requir e testing of any work to determine if such work is acceptable. The engineer shall determine the nature and extent of the tests, which shall be paid in accordance with 105.11 . Unacceptable work found to exist prior to final acceptance of the work shall be removed and acceptably replaced, or repaired to the Department’s satisfaction. No work shall be done without l ines and grades having been given by the engineer, except that work which is specified as construction layout. No payment will be made for work done contrary to instructions of the engineer, work done beyond lines shown on the plans or as given, or extra work done without authority. Work so done may be ordered removed or replaced at no expense to the Department. Upon failure of the contractor to comply with any order of the engineer made under the provisions of this subsection, the engineer will have authority to cause unacceptable work to be remedied, or removed and replaced, or have unacceptable work to be remedied, or removed and replaced by a third party, and to deduct the costs therefrom from payments to the contractor. The contractor and its surety shall be solidarily liable for any expense incurred by the Department pursuant to this provision in excess of any remaining amounts due the contractor under the contract.

105.14 LOAD RESTRICTIONS. The contractor, subcontractors, or their

105.13 Removal of Unacceptable and Unauthorized

105.14 LOAD RESTRICTIONS. The contractor, subcontractors, or their

105.13 Removal of Unacceptable and Unauthorized

105.14 LOAD RESTRICTIONS. The contractor, subcontractors, or their

suppliers shall observe all road and bridge legal load restrictions when hauling equipment or materials on public roads beyond project limits. A special permit does not decrease the contractor's liability for damage. Except for equipment specified in the contract, contractor shall obtain the engineer's written permission to exceed legal load limits within the project limits. Operating equipment or hauling loads that may damage structures, roadway, or any construction is prohibited. The Department may require the Contractor to provide, for structures within the project limits short -term load impacts to facilitate the permitting of highway traffic, and/or a complete structural impact analysis prepared by a professional civil engineer registered in Louisiana to verify that the exi sting structure and/or foundation can withstand any dead, live, and wind loads imposed without causing overstress, or compromising the structural integrity of the structure and/or foundation. In any such analysis, live loads on structures and/or foundatio ns shall include Louisiana legal highway loads or special permitted loads as given by the Department/project documents. The contractor may be required to provide a structural analysis, if the contractor’s operations, equipment or material loading, could co mpromise the structural integrity of the structure and/or foundation. In these cases the costs of the analysis shall be at the contractor’s expense. This evaluation shall include loading from traffic, as indicated in the contract, on the bridge, construct ion loads, and the dead loading of the bridge. In the event the Department asks for a structural analysis due to a permitted load above that which is outlined in the contract to be expected, the costs of the analysis shall be at the Department’s expense.

105.15 MAINTENANCE DURING CONSTRUCTION. The contractor

shall satisfactorily maintain the entire area within the project, from the effective date of the Notice to Proceed until the date of final acceptance. This maintenance responsibility includes, but is not necessarily limited to, maintaining drainage, periodic mowing (not to exceed four times per calendar year) and removing of debris and remains, to the satisfaction of the engineer, as well as such striping, patching and shoulder maintenance which will provide safe and convenient conditions at all times for the public. The contractor shall continuously and effectively satisfy his maintenance responsibilities with such equipment and forces as may be necessary to maintain a safe and satisfactory condition for the duration of the project. The contractor shall maintain the roadway in accordance with Section 402 and in a satisfactory condition to allow traffic to safel y travel through the work zone at the posted speed limit. Adjacent and parallel roadways within the project limits, not affected by construction shall not be the maintenance responsibility of the contractor. limits. Operating equipment or hauling loads that may damage structures, roadway, or any construction is prohibited. The Department may require the Contractor to provide, for structures within the project limits short -term load impacts to facilitate the permitting of highway traffic, and/or a complete structural impact analysis prepared by a professional civil engineer registered in Louisiana to verify that the exi sting structure and/or foundation can withstand any dead, live, and wind loads imposed without causing overstress, or compromising the structural integrity of the structure and/or foundation. In any such analysis, live loads on structures and/or foundatio ns shall include Louisiana legal highway loads or special permitted loads as given by the Department/project documents. The contractor may be required to provide a structural analysis, if the contractor’s operations, equipment or material loading, could co mpromise the structural integrity of the structure and/or foundation. In these cases the costs of the analysis shall be at the contractor’s expense. This evaluation shall include loading from traffic, as indicated in the contract, on the bridge, construct ion loads, and the dead loading of the bridge. In the event the Department asks for a structural analysis due to a permitted load above that which is outlined in the contract to be expected, the costs of the analysis shall be at the Department’s expense.

105.15 MAINTENANCE DURING CONSTRUCTION. The contractor

105.16 FAILURE TO MAINTAIN ROADWAY OR STRUCTURE. If

the contractor fails to comply with 104.03, 104.04 , 101.01 , the provisions of Section 107 , or fails to perform any work for which the contractor is responsible that necessitates correction, the engineer will notify the contractor in writing of such noncompliance. In writing, the contractor will acknowledge receipt of said notice and will advise when the correction will be made. If the contractor fails to remedy a deficient condition involving traffic or site maintenance within 24 hours after receipt of the written notice, or within a reasonable amount of time for other noncompliance conditions, the Department will have the option to immediately remedy the condition with its own in-house forces or by another contractor, and the cost thereof will be deducted from payments for the work. When the condition requires more immediate remedy due to hazard to life, health, or property, the engineer may immediately remedy the condition as above and the costs thereof will be deducted from payments for the work. The contractor and its surety shall be solidarily liable for any expense incurred by the Department pursuant to this provision in exc ess of any remaining amounts due the contractor under the contract.

105.17 Acceptance.

105.17.1 Partial Acceptance: When the contractor satisfactorily

completes a portion of the project that can be used advantageously for traffic or other use, the contractor may request the engineer to make final inspection of that portion. When the engineer finds upon inspection that the portion has been completed in compliance with the contract, the engineer may accept that portion as being completed and the contractor will be relieved of further responsibility for that portion and from further liability to the public. Partial acceptance of a project will not be made until the portion being accepted has been completed in its entirety, including all safety devices, signs and striping. W hen partial acceptance is made, the terms of acceptance, including the responsibilities of all parties and any allowance of additional contract time, shall be set forth in a change order, mutually agreed to by the engineer and the contractor. Such partial acceptance shall not void or alter any terms of the contract, except as set forth in the change order.

105.17.2 Final Acceptance: Upon notice from the contractor of

presumptive completion of the entire project, the engineer will make an inspection. When the inspection discloses any work as being

105.16 FAILURE TO MAINTAIN ROADWAY OR STRUCTURE. If

105.17 Acceptance.

105.17.1 Partial Acceptance: When the contractor satisfactorily

105.17.2 Final Acceptance: Upon notice from the contractor of

presumptive completion of the entire project, the engineer will make an inspection. When the inspection discloses any work as being

105.16 FAILURE TO MAINTAIN ROADWAY OR STRUCTURE. If

105.17 Acceptance.

105.17.1 Partial Acceptance: When the contractor satisfactorily

105.17.2 Final Acceptance: Upon notice from the contractor of

presumptive completion of the entire project, the engineer will make an inspection. When the inspection discloses any work as being

105.16 FAILURE TO MAINTAIN ROADWAY OR STRUCTURE. If

105.17 Acceptance.

105.17.1 Partial Acceptance: When the contractor satisfactorily

105.17.2 Final Acceptance: Upon notice from the contractor of

presumptive completion of the entire project, the engineer will make an inspection. When the inspection discloses any work as being

105.16 FAILURE TO MAINTAIN ROADWAY OR STRUCTURE. If

105.17 Acceptance.

105.17.1 Partial Acceptance: When the contractor satisfactorily

105.17.2 Final Acceptance: Upon notice from the contractor of

presumptive completion of the entire project, the engineer will make an inspection. When the inspection discloses any work as being unsatisfactory, the engineer will give the contractor instructions for correction of sam e. The contractor shall immediately comply with such instructions. If contract time is stopped by the engineer, all corrections shall be completed within 30 calendar days or contract time will resume along with any additional stipulated damages. Upon co rrection of the work, another inspection will be made which will constitute final inspection provided the work has been satisfactorily completed. In such event, the engineer will notify the contractor in writing of the acceptance. When all the work provided for in the contract is found satisfactorily completed, that inspection will constitute the final inspection. The Project Engineer will recommend final acceptance to the Chief Engineer. Upon final acceptance by the Chief Engineer, the contractor will be notified in writing .

105.18 CLAIMS FOR ADDITIONAL COMPENSATION. If the

contractor deems additional compensation is due for work, material, delays, inefficiencies, disruptions or other additional costs or expenses reportedly not covered in the contract or not ordered as extra work, the contractor shall notify the engineer in writing of his intention to make a claim for such additional compensation before beginning the work on which the claim is based or immediately upon encountering the conditions or effec ts which the contractor claims entitle him to additional compensation. Notification of a claim shall conform to the requirements of EDSM III.1.1.28. Notification must be timely given. T he engineer must be afforded a reasonable opportunity and proper f acilities by the contractor for keeping account of actual costs incurred by the contractor related to the claim. However, such notice by the contractor and the fact that the engineer has kept account of the costs as aforesaid shall not be construed as pro ving or substantiating the validity of any claim. Within thirty calendar days after the completion of the event that caused the claim, contractor must submit its sworn Request for Additional Compensation in accordance with the requirements of EDSM III.1.1 .28. If notification and a Request for Additional Compensation is not given or the engineer is not afforded proper facilities by the contractor for keeping an account of actual costs incurred by the contractor, the contractor hereby agrees and shall waive any claim for such additional compensation. If the claim, after consideration by the Chief Engineer, or judicial determination, is found to be just, payment will be made as specified in

109.04 , by force account or negotiated price. Nothing in this subsection shall

be construed as establishing any claim contrary to 104.02 . unsatisfactory, the engineer will give the contractor instructions for correction of sam e. The contractor shall immediately comply with such instructions. If contract time is stopped by the engineer, all corrections shall be completed within 30 calendar days or contract time will resume along with any additional stipulated damages. Upon co rrection of the work, another inspection will be made which will constitute final inspection provided the work has been satisfactorily completed. In such event, the engineer will notify the contractor in writing of the acceptance. When all the work provided for in the contract is found satisfactorily completed, that inspection will constitute the final inspection. The Project Engineer will recommend final acceptance to the Chief Engineer. Upon final acceptance by the Chief Engineer, the contractor will be notified in writing .

105.18 CLAIMS FOR ADDITIONAL COMPENSATION. If the

109.04 , by force account or negotiated price. Nothing in this subsection shall

be construed as establishing any claim contrary to 104.02 .

105.19 Bidder Inquiries, Contractor Requests and

PROPOSALS. Prior to bid, bidders may submit questions seeking clarification of the construction proposal, specifications, or project plans through Falcon . After award of the contract, the contractor may submit to the engineer requests and proposals as provided below.

105.19.1 Bidder Inquiries: Submit questions seeking clarification of

the construction proposal, specifications, or project plans via Falcon. Questions answered will be posted for viewing by all prospective bidders. Questions determined by the Department to be submitted untimely, or less than forty -eight hours prior to Bid, may not be answered. In addition, the Department reserves the right to not post any unsuitable question or any statement of fact or opinion not made for the purpose of seeking clarification of plans and/or project specifications.

105.19.2 Requests for Information (RFI): RFI submittals are

written communication tools used to request clarification of plans and specifications after contract award . Number RFIs sequentially and submit them on forms provided by the Department’s Construction Section. There will be no cost to the contractor for any Department expense related thereto when an RFI pertain s to clarification of plans or specifications. Reputed RFIs found by the Department as not pertaining to plan or specification clarification will be returned to the contractor for resubmission as a VE or Contractor Proposal .

105.19.3 Value Engineering (VE) Proposals: After award of the

105.19 Bidder Inquiries, Contractor Requests and

105.19.1 Bidder Inquiries: Submit questions seeking clarification of

105.19.2 Requests for Information (RFI): RFI submittals are

105.19.3 Value Engineering (VE) Proposals: After award of the

105.19 Bidder Inquiries, Contractor Requests and

105.19.1 Bidder Inquiries: Submit questions seeking clarification of

105.19.2 Requests for Information (RFI): RFI submittals are

105.19.3 Value Engineering (VE) Proposals: After award of the

105.19 Bidder Inquiries, Contractor Requests and

105.19.1 Bidder Inquiries: Submit questions seeking clarification of

105.19.2 Requests for Information (RFI): RFI submittals are

105.19.3 Value Engineering (VE) Proposals: After award of the

105.19 Bidder Inquiries, Contractor Requests and

105.19.1 Bidder Inquiries: Submit questions seeking clarification of

105.19.2 Requests for Information (RFI): RFI submittals are

105.19.3 Value Engineering (VE) Proposals: After award of the

contract, the contractor will be permitted to submit to the engineer written VE Proposals for modifying the plans, specifications, or other requirements of the contract for the purpose of reducing the total cost of construction. This process serves to share with the contractor only the construction cost savings generated on this contract as a result of a VE Proposal(s) offered by the contractor and approved by the Department. The provisions of this subsection shall not, however, be construed to require the Department to consider any VE Proposal which may be submitted. The Department reserves the right to reject any and all VE Proposals at any time in the process. Any time savings resulting from a VE Proposal will be considered at the completion of the project as an incentive to the contractor, provided the contract contains an incentive clause for early completion of the work and the contractor has not met the incentive limit in the contract. A time only reduction will not be consider ed as a VE Proposal. The purpose is to encourage the use of the contractor's ingenuity and experience in arriving at alternative construction methods, which will reduce the overall construction cost. The VE Proposal shall satisfy all design criteria and not impair, in any manner, the essential functions and characteristics of the project as determined by the Department. The VE Proposal shall be specifically identified by the contractor as a cost reduction proposal. VE Proposals will be considered by the De partment in the same manner as change orders. Submit a written conceptual VE Proposal to the Project Engineer. The Project Engineer will disseminat e this proposal to the appropriate parties within the Department for determining its potential acceptability . The conceptual VE Proposal shall provide the following minimum information:

1.A description of the proposal.

2.A listing of work and pay items affected , added, or eliminated by the proposed change, including any change in contract time and/or traffic maintena nce.

3.An initial estimate of the net construction cost savings which the change is expected to generate, including elimination of any planned work. The contractor may proceed to the formal VE Proposal upon the Department's acceptance of the conceptual VE Proposal. The Department is not obligated to approve the contractor's formal VE Proposal, even if the conceptual VE Proposal is initially considered acceptable. As a minimum, the following information shall be submitted by the contra ctor with the formal VE Proposal.

1.A statement that the proposal is submitted as a VE Proposal.

2.A description of the difference between the existing contract requirements and the proposed change(s), and the comparative advantages and disadvantages of each, including effects on service life, economy of operations, ease of maintenance, desired appearance, necessary standardized features, reliability, traffic flow during construction, safety, and contract time.

3.Revised contract plan sheets, specifications, and engineering calculations, all sealed , signed and dated by a professional engineer licensed to practice in the State of Louisiana.

4.Detailed estimates of the cost to the Department for performing the work under the existing contract and under the VE Proposal , including a listing of contract items affected by the proposal, and quantity variations attributable thereto with the related costs.

5.An assessment of any effects that adoption of the VE Proposal could have on other costs to the Department, including futu re maintenance and operation.

6.A statement of the latest time or date that the VE Proposal must be executed in order to obtain the maximum cost reduction and the reasoning for this time schedule.

7.A statement of the effect that adoption of the VE Proposal w ill have on the time for completion of the contract.

8.A description of any previous use or testing of the final VE Proposal on another Department project or elsewhere and the conditions and results therewith. If the final VE Proposal was previously submitte d on another Department project, indicate the date, the project, and the action taken by the Department. The proposal execution date submitted by the contractor must allow the Department time for review and processing of a change order. Should the Department find insufficient time is available for review and processing, it may reject the VE Proposal on such basis. If the Department fails to respond to the VE Prop osal by the date or time specified, the contractor shall consider the proposal rejected , and shall have no claim against the Department. Proposed changes in basic configuration and design of a bridge, hydraulic capacity of drainage facilities, typical road way section, type or minimum thickness of pavements, or changes in grade or alignment which do not meet the geometric standards of the project as conceived, will not be considered as acceptable VE Proposals. Typically, changes in materials for roadway sections will also not be considered as acceptable VE proposals. Plan errors which are identified by the contractor and result in a cost reduction will not qualify as a VE P roposal . If the Department is already considering certain revisions to the contract or has approved certain changes in the contract for general use, which are subsequently incorporated in a VE Proposal, the Department will reject the contractor's proposal and may proceed without obligation to the contractor. The Department will not be li able to the contractor for failure to act upon or accept any VE Proposal nor for any delays to the work attributable to any such proposal. The contractor may withdraw, in whole or in part, any VE Proposal not accepted by the Department within the period s pecified in the proposal. The decision of the Department as to the acceptance or rejection of VE Proposals shall be final and shall not be subject to the provisions of 105.18 . The contractor will be notified in writing of the Department's decision to accept or reject each VE Proposal submitted under these provisions. If a VE Proposal is accepted, the necessary contract modifications will be implemented by executio n of a change order, which will provide for equitable price adjustments giving the contractor and the Department equal shares in the resulting net savings. Until a VE Proposal is affected by such contract modification, the contractor shall perform the wor k in accordance with the terms of the existing contract. The net cost savings to be shared shall be determined as the difference in costs between the original contract costs for the involved work items and the actual final costs to the Department occurring as a result of the proposed change. Only those work items directly affected by the change order will be considered in making the final determination of net cost savings. Subsequent change orders affecting the modified work items but not related to the VE Proposal, will be excluded from such determination. In reviewing the VE Proposal, the Department reserves the right to reject the proposal if, in its judgment, the proposed net cost savings do not represent a reasonable measure of the value of the work t o be performed or deleted. All costs incurred by the contractor in developing the VE Proposal shall be borne by the contractor. These costs include, but are not limited to, all expenses to prepare the VE Proposal, the engineering costs, including the Department’s review cost, cost of printing and copying any revised plan sheets, delivery costs, and any other cost as determined by the engineer to be required for proper justification of the VE Proposal. The change order implementing the necessary contrac t modifications shall include a pay item for and a lump sum estimate of the approximate net cost savings anticipated as a result of the VE Proposal, and a proportionate amount thereof shall be included in partial payment estimates as the work on the modified contract items is performed. The contractor's 50 percent share of the net cost savings shall constitute full compensation for implementing all changes pursuant to the agreement. Any time savings for early completion of the project resulting from the VE Proposal will be considered upon completion of the project as an incentive to the contractor provided the contract contains an incentive clause for early completion of the work and the contractor has not met the incentive limit in the contract. The Department reserves the right to include in the agreement any conditions it deems appropriate for consideration, approval, and implementation of the VE Proposal. The Department also reserves the right to require the contractor to share in or reimburse the Department's costs of investigating a VE Proposal submitted by the contractor as a condition of considering such proposal. The Department will have the option to perform the investigation in -house or by consultants. When such a condition is imposed, the contractor shall indicate his acceptance in writing, and such acceptance shall constitute full authority for the Department to deduct amounts payable to the Department from any monies due or that may become due to the contractor under the contract. The Dep artment reserves the right to adopt a VE Proposal for general use when it determines that said proposal is suitable for application to other contracts. When an accepted VE Proposal is adopted for general use, only the contractor who first submitted such p roposal will be eligible for compensation pursuant to this subsection, and in that case, only as to those contracts awarded to him prior to submission of the accepted proposal. VE Proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under these provisions if the identical or similar previously submitted proposals were not adopted for general application to other Department contracts. Subject to the provisions contained herein, the State or any other public agency shall have the right to use all or any part of any submitted VE Proposal without obligation or compensation of any kind to the contractor. Any changed conditions arising as a result of the acceptance of a VE Proposal will not be conside red as the basis for any claim for additional compensation.

105.19.4 Contractor Proposals: This provision is to modify the

contract as a result of a Contractor Proposal(s) offered by the contractor and accepted by the Department. No modification will be permitted which alters the nature of the project or which is not an integral part of the project objective. Contractor Proposal(s) may decrease or increase construction cost. In the case of a decrease in construction cost, the De partment will modify the contract to decrease the construction cost in accordance with the proposal. In the case of an increase in construction cost, the Department will either modify the contract to increase the construction cost or require the contractor to complete the contract at the contract bid prices. The Department reserves the right to reject a Contractor Proposal at any time during the submittal and review process. Proposed changes in typical roadway section, type, minimum thickness of pavements , or changes in grade or alignment , which do not meet the geometric standards of the project as designed , will not be considered as acceptable Contractor Proposals. Typically, changes in materials for roadway sections will not be considered as acceptable Contractor P roposals. The Contractor Proposal shall satisfy all design criteria and not impair the essential functions and characteristics of the project , as determined by the Department. Submit a written conceptual Contractor Proposal to the Department for determining potential acceptability. Provide the following conceptual Contractor Proposal information at a minimum : The Dep artment reserves the right to adopt a VE Proposal for general use when it determines that said proposal is suitable for application to other contracts. When an accepted VE Proposal is adopted for general use, only the contractor who first submitted such p roposal will be eligible for compensation pursuant to this subsection, and in that case, only as to those contracts awarded to him prior to submission of the accepted proposal. VE Proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under these provisions if the identical or similar previously submitted proposals were not adopted for general application to other Department contracts. Subject to the provisions contained herein, the State or any other public agency shall have the right to use all or any part of any submitted VE Proposal without obligation or compensation of any kind to the contractor. Any changed conditions arising as a result of the acceptance of a VE Proposal will not be conside red as the basis for any claim for additional compensation.

105.19.4 Contractor Proposals: This provision is to modify the

1.A description of the proposal.

2.A description of the difference between the existing contract requirements and the proposed change(s), and the comparative advantages and disadvantages of each, including effects on service life, economy of operations, ease of maintenance, desired appearan ce, necessary standardized features, reliability, traffic flow during construction, safety, and contract time.

3.A listing of work items and pay items affected, added, or eliminated by the proposed change, including any change in contract time and/or traffi c maintenance.

4.An initial estimate of the construction cost decrease or increase resulting from the proposed Contract modifications. Upon Department written notification that the conceptual Contractor Proposal indicates proposal acceptability, develop and submit a written formal Contractor Proposal . The Department is not obligated to accept the formal Contractor Proposal, even if the conceptual Contractor Proposal indicates proposal acceptability . Provide the following formal Contractor Proposal information as a minimum:

1.A statement that the proposal is submitted as a Contractor Proposal.

2.A description of the difference between the existing contract requirements and the proposed change(s), and the comparative advantages and disadvantages of each, including effects on service life, economy of operations , ease of maintenance, desired appearance, necessary standardized features, reliability, traffic flow during construction , safety, contract time, and other factors as appropriate .

3.Revised contract plan sheets, specifications, and engineering calculations, all sealed, signed and dated by a professional engineer licensed to practice in the State of Louisiana.

4.Detailed estimates of the cost to the Department for performing the work under the existing contract and under the Contractor Proposal, including a listing of contract items affected by the proposal and quantity variations attributable thereto with the related costs. Describe new contract items that are required .

5.An assessment of any effects that adoption of the Contractor Proposal could have on other costs to the Department, including future maintenance and operation.

6.A statement of the latest time or date that the Contractor Proposal must be executed and the reasoning for this time schedule.

7.A statement of the effect that adoption of the Contractor Proposal will have on the time for completion of the contract.

8.A description of any previous use or testing of the final Contractor Proposal on another Department project or elsewhere and the conditions and results therewith. If the final Contractor Proposal was previously submitted on another Department project, indicate the date, the project, and the action taken by the Department. The proposal execution date submitted by the contractor must allow the Depar tment time for review and processing of a change order. Should the Department find insufficient time is available for review and processing, it may reject the Proposal on such basis. If the Department fails to respond to the Proposal by the date or time specified, the contractor shall consider the proposal rejected and shall have no claim against the Department. The bidder is cautioned not to base any bid prices on the anticipated approval of a Contractor Proposal and to recognize that the proposal may be rejected. In the event of rejection, the contractor will be required to complete the contract at the contract bid prices. The Department will not be liable to the contractor for failure to act upon or accept any Contractor Proposal nor for any delays to the work attributable to any such proposal. The contractor may withdraw, in whole or in part, any Contractor Proposal not accepted by the Department within the period specified in the proposal. The decision of the Department as to the acceptance or rejection of Contractor Proposals shall be final and shall not be subject to the provisions of 105.18 . The contractor will be notified in writing of the Department's decision to accept or reject each Contractor Proposal submitted under these provisions. If a Contractor Proposal is accepted, the necessary contract modifications will be implemented by execution of a change order . Until a Contractor Proposal is affected by such contract modification, the contractor shall perform the work in accordance with the terms of the existing contract. All costs incurred by the contractor in developing the Contractor Proposal and Department review cost will be borne by the contractor, regardless of whether or not the Contractor Proposal is implemented. The Department reserves the right to include in the agreement any conditions it deems appropriate for consideration, acceptance , and implementation of the Contractor Proposal. The Department reserves the right to adopt a Contractor Proposal for general use when it determines that said proposal is suitable for application to other contracts . Subject to the provisions contained herein, the State or any other public agency shall have the right to use all or any part of any submitted Contractor Proposal without obligation or compensation of any kind to the contractor. Any changed conditions arising as a result of the acceptance of a Contractor Proposal will not be considered as the basis for any claim for additional compensation. Section 106 Control of Materials

106.01 Source of Supply and Quality Requirements.

Materials used in the work shall meet all quality requirements of the contract. To expedite inspection and testing of materials, the contractor shall notify the engineer of his proposed sources of materials at least three weeks prior to delivery. With w ritten authorization, materials may be approved at the source of supply before delivery is started. If it is found after installation that sources of supply for previously approved materials do not produce specified products or results, the contractor shal l furnish materials from other sources or make necessary changes to provide acceptable materials at no cost to the department.

106.02 Local Material Sources.

106.02.1 Designated Sources: Possible sources of local materials

may be designated o n the plans or in the specifi cations. The quality of material in such deposits will be acceptable in general, but the contractor shall determine the amount of equipment and work required to produce a material meeting specifications. It shall be understood that it is not feasible to ascertain from samples the limits for an entire deposit and that variations are to be expected. The engineer may order procurement of material from any portion of a deposit and may reject portions of the deposit as unacceptable. The Department may acquire and make available to the contractor the right to take materials from the sources designated o n the plans or in the specifications, with the right to use such property as specified for plant site, stockpiles or haul roads. When the contractor desires to u se material from sources other than those designated, the contractor shall acquire the necessary rights or permits to take materials from the sources and shall pay all costs related thereto, including any which may result from increased haul length. All c osts of exploring and developing such sources shall be borne by the contractor. Use of material from other than designated sources will not be permitted until representative samples taken by the engineer have been approved and written authority is issued for the use thereof.

Source: Louisiana Standard Specifications for Roads and Bridges, 2016 Edition. Pages 54–75 of 1,145.

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104 INTENT OF CONTRACT

106 SOURCE OF SUPPLY AND QUALITY REQUIREMENTS