Attachment B.pdf

105.1 105.2

SECTION 105

CONTROLOFWORK

105.1 Authority of the RCE

Unless otherwise specified elsewhere in these specifications, the RCE will decide all questions that may arise regarding the quality and acceptability of materials furnished, the work performed, the rate of progress of the work; the interpretation of the Plans and Specifications; acceptable fulfillment of the Contract by the Contractor; disputes and mutual rights between Contractors;

and compensation for the work. The RCE will determine the amount and quantity of the several kinds of work performed and materials furnished, which are to be paid for under the Contract.

The RCE has the authority to suspend the work, wholly or in part, or to withhold further payments to the Contractor for failure to correct unsafe condi tions for its workers or the general public; for failure to carry out provisions of the Contract; for failure to carry out orders of the RCE; for periods as the RCE deems necessary due to unsuitable weather; for conditions considered un suitable for the prosecution of the work; or for any other conditions or reason the RCE deems to be in the public interest. No additional compensation is paid to the Contractor because of such suspensions of work.

The RCE is not authorized to increase the obligation of the Department under the Contract except as herein provided.

105.2 The Design Plans, Shop Plans, and Working Drawings

The Design Plans (the Plans) are furnished by the Department and consist of drawings that show details necessary to provide a comprehensive idea of the construction work contemplated. Road Plans will normally show the road way alignment, profile, grades, and typical cross-sections. In general, Struc ture Plans will show the general details and dimensions of the structure work contemplated. In cases where dimensions are not shown, the Structure Plans show general features and details necessary to provide a comprehensive idea of the structure. The drawings for bridges will show sufficient information to enable the Contractor to determine the work contemplated, but the RCE re serves the right to have the Plans supplemented with Construction Plans, Erection Plans, or Working Drawings by the Contractor.

The information contained upon the Plans regarding the results obtained from test piles or borings is a record of the conditions revealed by fieldwork and shows conditions that were encountered at the place where the test piles were driven or the borings made, as nearly as those conditions could be in terpreted by the inspector observing the operations. The Contractor is not bound to accept or rely on this data. Interpret them in the light of experience, and make such additional borings and investigations, including test piles, as desired in order to determine or obtain satisfaction concerning the conditions affecting lengths of piles or entering into the construction of foundations.

105.2 105.3

3 The Plans show the foundation depths and dimensions on which the esti mated quantities are based. However, these depths and foundation dimen sions are subject to such variation as may be necessary to secure a founda tion satisfactory to the RCE. The Department expressly reserves the right to increase or diminish the dimensions and depths of substructures as the RCE may determine. When it is necessary to increase or decrease the height of a substructure or part thereof, the change is generally made in that portion be tween the bottom of pier or bent cap and the top of footing.

Submit all essential or required Working Drawings, Shop Plans, and Erec tion Plans to the Department for review and acceptance, and do not perform any work on the items involved until said plans have been accepted. Any work done or materials ordered before the acceptance of such Working Draw ings, Shop Plans, and Erection Plans is at the Contractor's risk.

Furnish Working Drawings and Shop Plans for items or work required in Subsection 725.1.1 and 725.1.2.

In the case of steel superstructures, furnish Shop Plans and Working Draw ings as required in Subsection 70ft.1.3. Include in the Shop Plans details, dimensions, material specification, and other information necessary for the complete fabrication of the metalwork and any items attached to the metal work. In the Working Drawings or Erection Plans, include details of falsework, temporary bracing, and the erection process for the metalwork.

In the case of concrete structures, furnish Working Drawings and Shop Plans for concrete structures that include details that are necessary for the successful prosecution of the work and are not in the Plans furnished by the Department. Include bending details and schedules for reinforcing steel, fal sework, bracing, cribs, cofferdams, and deck formwork as required by the pro ject.

In the case of prestressed concrete, furnish Working Drawings and Shop Plans as required in Subsection 704.4.2. Include formwork details and di mensions, strand sizes, strand patterns, location of hold-down points, method for applying the required tension in the strands, method of detensioning the strands, and method of lifting and handling the prestressed members.

Furnish such copies of Shop Plans and Working Drawings in accordance with the requirements of Section 725. It is expressly understood that the ac ceptance of the Contractor's Shop Plans and Working Drawings is general and such acceptance does not relieve the Contractor of any responsibility.

The contract price of an item includes the cost of furnishing Shop Plans and Working Drawings as required.

105.3 Conformity with Plans and Specifications

Perform the work and furnish materials in reasonably close conformity with the lines, grades, cross-sections, dimensions, and material requirements, in cluding tolerances shown on the Plans or indicated in the Specifications. Any deviation from the Plans or the Specifications that may be required by the exi-

105.3 105.5 gencies of construction will be determined by the RCE and authorized in writ ing.

2 In the event the RCE finds the materials or the finished product in which the materials are used are not within reasonably close conformity with the Plans and the Specifications, but that reasonably acceptable work has been pro duced, the RCE will make a determination if the work can be accepted and remain in place. In this event, the RCE will document the basis of acceptance by Change Order, which will provide for an appropriate adjustment in the con tract price for such work or materials in conformance with the determination of the quality of the work or materials

3 In the event the RCE finds the materials or the finished product in which the materials are used or the work performed are not in reasonably close confor mity with the Plans and the Specifications and as such have resulted in an inferior or unsatisfactory product, remove and replace or otherwise correct the work or materials without additional compensation.

105.4 Coordination of Plans, Specifications, and Special Provisions

The Special Provisions, the Plans, the SCOOT Standard Drawings, the Supplemental Technical Specifications, the Supplemental Specifications, these Standard Specifications, and all supplementary documents are essen tial parts of the Contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to de scribe and provide for a complete work. In the event of any discrepancy, the order of precedence is as follows:

• Special Provisions

• Plans

• Calculated dimensions unless obviously incorrect

• Scaled dimensions

• SCOOT Standard Drawings

• Calculated dimensions unless obviously incorrect

• Scaled dimensions

• Supplemental Technical Specifications

• Supplemental Specifications

• Standard Specifications.

Take no advantage of any error or omission in the Plans or of any discrep ancy between the Plans and the Specifications. The RCE will make such cor rections and interpretations as deemed necessary for the fulfillment of the intent of the Plans and the Specifications as interpreted by the RCE.

105.5 Cooperation by Contractors

The Contractor will be supplied with a minimum of two copies of the Plans and the assembled Contract, including Special Provisions. Keep one set available on the work site at all times. Notify the RCE in writing as early as possible as to the time and place at which work is expected to begin, but, in

105.5 105.7 all cases, at least 7 days before beginning work, in order to provide sufficient time for the staking out of the work.

Give the work the constant attention necessary to facilitate the progress thereof, and cooperate with the RCE, the RCE's authorized representatives and inspectors, and other Contractors in every way possible. Make certain that a competent superintendent, acting as the Contractor's agent, is on the work site at all times. Ensure that the superintendent is capable of reading and thoroughly understanding the Plans and the Specifications, is thoroughly experienced in the type of work being performed, will receive instructions from the RCE or the RCE's authorized representative, and has full authority to execute such orders or directions without delay. Furnish such superinten dence irrespective of the amount of work sublet.

105.6 Cooperation with Utilities

The Department will endeavor to notify all utility companies, all pipe line owners, or other parties affected by the work, and endeavor to have all nec essary adjustments of the public or private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of construction, made as soon as practicable. The Contractor acknowledges that the SCOOT is unable to definitely identify or locate all utilities that may be present and that the SCOOT is unable to control the timing or method of relocation. Accordingly, the Contractor accepts all risks associated with any utilities that may affect the work. If utility issues delay the critical path of the project, the Contractor may be entitled to a time extension, but under no circumstances shall THE Con tractor be entitled to additional compensation.

2 Water lines, gas lines, wire lines, sewer lines, water and gas meter boxes, water and gas valve boxes, manholes, light standards, cableways, signals, and all other utility appurtenances within the limits of the proposed construc tion requiring relocation or adjustment will be moved or adjusted by the utility owners under separate Agreement except as otherwise indicated in the Spe cial Provisions, on the Plans, or as otherwise specified in Subsection 202.2.

3 The Plans will endeavor to show all known utilities located within the limits of the project according to information obtained. The accuracy of the Plans in this respect is not guaranteed by the Department. In the bid, consider all of the permanent and temporary utility appurtenances in their present or relo cated position. No additional compensation is allowed for any delays, incon veniences, or damage of any kind sustained by the Contractor due to any in terference from utility appurtenances, delays in relocation of utilities, or the operation of moving them.

4 Unless otherwise provided, the cost of temporary rearrangement of utilities made only in order to facilitate the construction of the work is borne by the Contractor.

105.7 Cooperation between Contractors

Where work is being performed for the Department by a Contractor and is continuous to or within the limits covered by another contract, the respective

105.7 105.8.1 rights of the various interests involved is determined by the RCE to secure the earliest practicable completion of the work.

When the Department awards separate contracts for work within the same project limits, conduct work so as not to interfere with or hinder the progress or completion of the work being performed by other Contractors. The Con tractor assumes all liability, financial or otherwise, in connection with the Con tract and protects and saves harmless the Department from any and all dam ages or claims that may arise because of inconvenience, delay, or loss ex perienced because of the presence and operations of other Contractors work ing within the same project limits. The Contractor is responsible for all work not completed or accepted despite the presence and operations of the other Contractors.

Whenever road and bridge projects are let separately and the limits of one project are included within or adjacent to the limits of the other project, the bridge Contractor has prior rights at the bridge site or sites for a reasonable period. Such prior rights permit the bridge Contractor to store materials and equipment within reasonable spaces, and to do the necessary hauling and other incidental work as the RCE determines. This condition of priority does not serve to release the road Contractor from its obligation to construct or maintain the bridge approaches unless all other roadwork is completed before the bridgework has progressed to a stage where the approach work can be performed to the satisfaction of the RCE. If practicable in the opinion of the RCE, the bridge Contractor may be required, at its expense, to locate or relo cate its materials and equipment in order to permit construction of the ap proaches.

Wherever the RCE considers it desirable to clear and grub the right-of-way at the bridge site, or to construct bridge approaches before the construction of the bridge ends, or to complete bridge ends before other parts of bridgework, do such work when directed by the RCE.

105.8 Construction Stakes, Lines, and Grades

105.8.1 Construction Stakes, Lines, and Grades Partially Provided by the Department

Unless otherwise specified, the RCE will set construction stakes as neces sary to establish lines, slopes, continuous profile-grade, centerline of road way, centerline of piers and abutments, a bench mark adjacent to the work, and vertical control elevations for flow lines, footings, caps, bridge seats, screed elevations, etc. In addition, the RCE will furnish the Contractor with all necessary information relating to lines, slopes, and grades. Using the control lines and grades established by the RCE, the Contractor is responsible for completing the layout and performing the work.

2 The Contractor is responsible for the accuracy of transfer from the control lines, grades, and layout of the work. The Contractor is also responsible for the preservation of all stakes and marks. If any of the construction stakes or marks are carelessly or willfully destroyed or disturbed by the Contractor or its

105.8.1 105.8.2 employees, the cost to the Department of replacing them is charged against the Contractor and is deducted from payment for the work.

Furnish, free of charge, all guard stakes, templates, straightedges and other devices necessary for checking, marking, and maintaining points, lines, and grades.

The Department is responsible for the accuracy of control lines and grades established by the RCE. In case of error in the establishment of the original construction or survey stakes set by the RCE, which is discovered after the work has been fully or partially completed in compliance with the erroneous stakes, the Contractor will be paid for such additional work as may be re quired because of such error at the contract unit price for the work involved.

When requested on bridge projects, furnish assistance to obtain points and elevations during construction of the project. Such assistance is that usually furnished by holding a survey rod.

105.8.2 Construction Stakes, Lines, and Grades Provided by the Con tractor

Provide all the layouts necessary to construct the elements of the project and accommodate all utility relocations. The Department will provide ade quate reference points to the centerline of survey and bench marks as shown on the Plans or as provided by the RCE. Any additional control points set by the Department will be identified in the field and documented in writing to the Contractor. Keep the field notes in the RCE's office.

2 Provide field personnel and set all additional stakes for the project, which are needed to establish offset stakes, reference points, and any other hori zontal or vertical controls, including supplementary bench marks necessary to secure a correct layout of the work. Make certain that project stakes have the station number clearly visible. The Contractor is not required to determine the property line between properties.

3 Ensure that all computations of survey work required in the execution of this project are performed by a Land Surveyor or Professional Engineer regis tered in South Carolina. Make certain that these computations are accompa nied by the designated LS or PE seal and signature.

4 The Contractor is responsible for ensuring that the finished work substan-tially conforms to the lines, grades, elevations, and dimensions called for in the Plans or as provided by the RCE. Any inspection or checking of the Con tractor's layout by the RCE and the acceptance of all or part of it does not re lieve the Contractor of the responsibility to secure the proper dimensions, grades, and elevations of the several parts of the work. Exercise care in the preservation of stakes and benchmarks and have them reset at no additional expense when any are damaged, lost, displaced, or prematurely removed.

Use competent personnel and suitable equipment for the layout work re quired. Do not engage the services of any person or persons in the employ of the Department for the performance of any work covered by this item.

105.8.2 105.8.3

5 The RCE will make random checks of the Contractor's staking to determine if the work is in substantial conformance with the plans. Where the Contrac tor's work ties into work that is being done or will be done by others, checks will be made to determine if the work is in conformance with the proposed overall grade and horizontal alignment. For bridge projects, provide bridge deck grades to the RCE for review before placing deck forms.

If during the course of staking or construction work unforeseen utilities and/or field conditions arise, which conflict with construction as shown in the Plans, notify the RCE immediately. The RCE will review the Contractor's find ings and adjust the lines and grades accordingly or arrange for the utility to relocate its facilities. The resulting adjustments will be provided to the Con tractor so that its survey crew can adjust the staking. Adjusted staking as de scribed above is considered a normal consequence of construction. No addi tional compensation is due to the Contractor for this work or for any delays due to adjustments to the staking.

The quantity for the item Construction Stakes, Lines, and Grades is meas ured by each (EA) project site where the layout work is complete and ac cepted by the RCE.

The payment for each portion of this item in the project is proportional to the amount of the relevant work completed. In no case will the sum of all pay ments for this item exceed the total bid amount for Construction Stakes, Lines, and Grades, which payment is full compensation for all material, labor, equipment, tools, supplies, transportation, and incidental work, including com putations necessary to satisfactorily complete the work.

The payment includes all direct and indirect costs and expenses required to complete the work.

Pay items under this subsection include the following:

Item No. Pay Item Unit

105080X Construction Stakes, Lines, and Grades EA

105.8.3 Construction Stakes, Lines, and Grades Provided by the Con tractor for Bridge(s) Only

Provide all the layouts necessary to construct the bridge elements of the project. The Department will provide adequate reference points to the center line of survey and bench marks as shown in the Plans or as provided by the RCE. Any additional control points set by the Department will be identified in the field and documented in writing to the Contractor. Keep the field notes in the RCE's office.

2 Provide field personnel and set all additional stakes for the bridge elements of this project, which are needed to establish offset stakes, reference points, and any other horizontal or vertical controls, including supplementary bench marks necessary to secure a correct layout of the work. The Contractor is not

105.8.3 105.8.3 required to determine the property line between properties.

Ensure that all computations of survey work required in the execution of this project are performed by a Land Surveyor or Professional Engineer regis tered in South Carolina. Make certain that these computations are accompa nied by the designated LS or PE seal and signature.

The Contractor is responsible for ensuring that the finished work substan tially conforms to the lines, grades, elevations, and dimensions called for in the Plans or as provided by the RCE. Any inspection or checking of the Con tractor's layout by the RCE and the acceptance of all or part of it does not re lieve the Contractor of the responsibility to secure the proper dimensions, grades, and elevations of the several parts of the work. Exercise care in the preservation of stakes and benchmarks and have them reset at no additional expense when any are damaged, lost, displaced, or prematurely removed.

Use competent personnel and suitable equipment for the layout work re quired. Do not engage the services of any person or persons in the employ of the Department for the performance of any work covered by this item.

Verify that the minimum vertical and horizontal clearance as shown on the Plans will be met before bridge construction begins at the site. Also, for rail road crossings, verify to the RCE in writing that the tops of rail grades as shown on the Plans are correct. Further, take actual measurements and submit to the RCE in writing when bridge substructure and superstructure elements are in place to confirm minimum clearances have been met.

The RCE will make random checks of the Contractor's staking to determine if the work is in substantial conformance with the Plans. Where the Contrac tor's work ties into work that is being done or will be done by others, checks will be made to determine if the work is in conformance with the proposed overall grade and horizontal alignment. Provide bridge deck grades to the RCE for review before placing deck forms.

If during the course of staking or construction work unforeseen utilities and/or field conditions arise that conflict with construction as shown in the Plans, immediately notify the RCE. The RCE will review the Contractor's find ings and adjust the lines and grades accordingly or arrange for the utility to relocate its facilities. The resulting adjustments will be provided to the Con tractor so that its survey crew can adjust the staking. Adjusted staking as de scribed above is considered a normal consequence of construction. No addi tional compensation is due to the Contractor for this work or for any delays due to adjustments to the staking.

The quantity for the item Construction Stakes, Lines, and Grades (For Bridge Only) is measured by each (EA) project site where the layout work is complete and accepted by the RCE.

The payment for this item is proportional to the amount of the relevant work completed. In no case will the sum of all payments for this item exceed the total bid amount for Construction Stakes, Lines, and Grades (For Bridge Only), which payment is full compensation for providing all material, labor,

105.8.3 105.10 equipment, tools, supplies, and incidental work, including computations, nec essary to satisfactorily complete the work.

The payment includes all direct and indirect costs and expenses required to complete the work.

Pay items under this subsection include the following:11

Item No. Pay Item Unit

105081X Construction Stakes, Lines, And Grades EA (For Bridge Only)

105.9 Authority and Duties of the ReE's Representatives

Authorized representatives of the RCE may inspect all work done and all materials furnished. Such inspection may extend to all or part of the work and to the preparation, fabrication, or manufacture of the material to be used.

However, such inspection does not relieve the Contractor of any responsibility or obligation to perform the work strictly in accordance with the requirements of the Contract. The RCE's representative has the authority to reject defec tive material and to suspend any work that is being improperly performed sub ject to the final decision of the RCE. The RCE's representative is not author ized to alter or waive the provisions of the Contract, to approve or accept any portion of the work, or to issue instructions contrary to the Plans and the Specifications. In no case will the RCE's representative act as superintendent or perform other duties for the Contractor or interfere with the management of the work by the Contractor's superintendent. Do not construe advice given by the RCE's representative as in any way binding on the RCE or the Depart ment or as releasing the Contractor from the fulfillment of the terms of the Contract.

105.10 Inspection of the Work

Furnish the RCE with every reasonable facility for ascertaining whether or not the work as performed and materials used are in accordance with the re quirements and intent of the Contract. At any time before final acceptance of the work, remove or uncover such portions of the finished work as directed by the RCE. After examination by the RCE, restore said portions of the work to the standard required by the Specifications. Should the work thus exposed and examined prove acceptable, the uncovering or removing and the replac ing of the covering or making good of the parts removed will be paid for as Extra Work; but should the work so exposed and examined prove unaccept able, the uncovering or removing and replacing of the covering or making good the parts removed will be at the Contractor's expense. Any work done or materials used without the knowledge or inspection by the RCE or the RCE's representative may be ordered removed and replaced at the Contrac tor's expense. Failure to reject any defective work or material does not in any way prevent later rejection when such defect is discovered, nor does it obli gate the Department to final acceptance.

105.10 105.12

2 When a unit of government or political subdivision, public utility company, or railroad company is to pay a portion of the cost of the work covered by the Contract, its respective representatives have the right to inspect the work.

Such inspection does not make the unit of government or political subdivision, public utility company, or railroad company a part of the Contract and in no way interferes with the rights of the parties hereunder.

105.11 Removal of Unacceptable and Unauthorized Work

All work that does not conform to the requirements of the Contract is con sidered unacceptable unless otherwise determined to be acceptable under the provisions in Subsection 105.3.

2 Immediately remove unacceptable work, whether it is the result of poor workmanship, use of defective materials, damage through carelessness, or any other cause found to exist before the final acceptance of the work and replace in an acceptable manner.

3 Where lines and grades are necessary, do no work without lines and grades given by the RCE. Work done contrary to the instructions of the RCE, work done beyond the lines shown on the Plans or as given except as herein specified or any Extra Work done without authority is considered as unauthor ized and will not be paid for under the provisions of the Contract. Work so done may be ordered removed or replaced at the Contractor's expense.

4 Upon failure to comply immediately with any order of the RCE made under the provisions of this subsection, the RCE has the authority to cause unac ceptable work to be corrected or removed and replaced, or unauthorized work to be removed and the cost of such work to be deducted from any monies due or that may become due to the Contractor. In case no monies are due or available, the expenses so incurred will be charged against the Contractor's Surety.

105.12 Load Restriction

Comply with all legal load restrictions in the hauling of materials on public roads beyond the limits of the project. Obtaining a special permit does not relieve the Contractor of liability for damage, which results from the moving of materials or equipment.

2 Do not operate equipment of such weight or so loaded as to cause damage to structures or the roadway or to any other type of construction. Hauling of materials over the base course or surface course under construction is limited as directed by the RCE to prevent damage to any portion of the pavement structure. Do not place any loads on a concrete pavement, base course, or structure before the expiration of the curing period. Do not place loads on a Portland cement stabilized base before the placing of the pavement unless otherwise directed by the RCE. Do not exceed legal load limits unless permit ted in writing by the authority having jurisdiction over the road being used.

Off-road equipment for hauling borrow or other material on the project will not be permitted on the road on which the public is traveling without written per-

105.13 105.14 mission from the RCE.

105.13 Failure to Maintain Roadway or Structure

If at any time the Contractor fails to comply with the provisions of Subsec tion 104.7, the RCE will immediately notify the Contractor of such non compliance. If the Contractor fails to remedy the unsatisfactory maintenance within 24 hours after receipt of such notice, the RCE may immediately pro ceed to maintain the project, and the entire cost of this maintenance will be deducted from monies due or that may become due to the Contractor on the Contract.

105.14 Termination for Convenience

By written order, the Department may terminate the Contract or any portion thereof after determining that termination is in the public interest. Such rea sons for termination include, but need not be limited to, the following:

• Executive Orders of the President of the United States relating to prosecution of war or national defense;

• National Emergency that creates a serious shortage of materials;

• Insufficient funds by the Department due to extenuating circum stances;

• Orders from duly constituted authorities relating to energy conserva tion; or

• Restraining orders or injunctions obtained by third-party citizen ac tion resulting from national or local environmental protection laws or where the issuance of such order or injunction is primarily caused by acts or omissions of persons or agencies other than the Contractor.

2 When the Department orders "Termination for Convenience" of a contract effective on a certain date, all completed items of work as of that date will be paid for at the contract bid price. Payment for partially completed work is made at agreed prices or by Force Account methods described elsewhere in these specifications. Items that are eliminated in their entirety by such termi nation are paid for as provided in Subsection 109.6.

3 Acceptable materials, obtained by the Contractor for the work, but which have not been incorporated therein, may, at the option of the Department, be purchased from the Contractor at actual cost delivered to a prescribed loca tion or otherwise disposed of as mutually agreed.

4 After receipt of Notice of Termination for Convenience from the Depart-ment, submit, within 60 days of the effective termination date, a claim for addi tional damages or costs not covered above or elsewhere in these specifica tions. Such claim may include such cost items as:

• Reasonable idle equipment time,

• Mobilization efforts,

• Bidding and project investigative costs,

105.14 105.16.2

• Overhead expenses attributable to the project termination,

• Actual idle labor cost if work is stopped in advance of termination date, and

• Guaranteed payments for private land usage as part of original Con tract.

In no event will the loss of anticipated profits be allowed as damages.

Make cost records available to the extent necessary to determine the valid ity and amount of each item claimed.

Termination of a contract or portion thereof does not relieve the Contractor of its contractual responsibilities for the work completed, nor does it relieve the Surety of its obligation for and concerning any just claims arising out of the work performed.

105.15 Acceptance and Final Inspection

105.15.1 Partial Acceptance

If at any time during the prosecution of the Contract the Contractor com pletes a bridge, segment of the project, or section of such length that, in the opinion of the RCE, is sufficient to justify an inspection, a final inspection of that bridge, segment, or section may be made. If upon inspection the RCE finds that the work has been satisfactorily completed in compliance with the Contract, the RCE may accept that bridge, segment, or section as being completed, and the Contractor is relieved of further maintenance on that por tion of the work in the Contract.

105.15.2 Final Acceptance

When the RCE deems that the project has reached substantial completion, the RCE will promptly make an inspection. If all construction provided for and contemplated by the Contract is found to be completed to the RCE's satisfac tion, that inspection constitutes the final inspection, and the RCE notifies the Contractor in writing of final acceptance after all the provisions of paragraph 5 in Subsection 104.7 have been completed.

2 If the work is not acceptable to the RCE at the time of such inspection, the Contractor is advised as to the particular corrective work to be performed be fore final acceptance.

105.16 Claims for Adjustment and Disputes

105.16.1 General

Whenever the Contractor believes that it is or will be entitled to additional compensation for any reason, follow the procedures set forth in this subsec tion.

105.16.2 Delay Claims

The term "de/ay" means any event, action, force, or factor that extends the Contractor's time of performance. This subsection is intended for all such

105.16.2 105.16.2 events, actions, forces, or factors, whether they be styled "delay," "disruption," "interference," "impedance," "hindrance," or otherwise. Do not compute delay damages on any basis other than the original contract completion date as properly adjusted for time extensions granted.

Within 15 days after determining that a delay has occurred, give the De partment written notice of the intention to file a claim for delay damages.

Submit notification to the Department on SCDOT Form No. 100.04, Contrac tor Notice of Claim.

The Department has no liability for any delay damages that accrued more than 15 days before the filing of such notice. Failure of the Contractor to give such written notice in a timely fashion is grounds for denial of the claim.

The Contractor agrees that the failure to give notice will prejudice the De partment and further agrees that the Department's conduct does not consti tute a waiver of this contractual notice requirement.

Compliance with the provisions of this subsection is a condition precedent to any recovery of delay damages by the Contractor.

After giving the Department notice of intention to file a claim for delay dam ages, keep separate daily records of all labor, material, and equipment costs incurred for operations affected by the delay. The daily records must identify each operation affected by the delay.

On a monthly basis after giving notice of intention to file a claim for delay damages, prepare and submit to the Department's representative, written re ports providing the following information:

A. Potential effect to the schedule caused by the delay, B. Identification of all operations that the Contractor claims have been delayed, or will be delayed, C. Explanation of how the Department's act or omission delayed each operation and an estimation of how much time is required to com plete the project, and

D. Itemization of all extra costs incurred, including:

• An explanation as to how these extra costs relate to the delay and complete details of the Contractor's method of measure ments, calculations, and resultant quantifications,

• Identification of all project employees for whom the Contractor seeks additional compensation, and

• Identification by make, model, and manufacturer's number of all items of equipment for which the Contractor seeks additional compensation.

8 When the status of the information or condition of Items A, B, C, or D above is unchanged from the previous report, it is sufficient for the Contractor to so state, in writing, "The status is unchanged from the previous report," and specify the date of the previous report.

105.16.3 105.16.5

105.16.3 Claims for Acceleration

The Department has no liability for construction acceleration. If the De partment gives express written direction to the Contractor to accelerate its effort, then both parties execute a Change Order as defined in Subsection 101.3.10.

105.16.4 Other Claims

If the Contractor believes that it is entitled to additional compensation for reasons other than delay or acceleration, notify the RCE in writing of its intent to claim such additional compensation before beginning or proceeding further with the work, out of which such claim arises. Submit notification to the De partment on SCDOT Form No. 100.04, Contractor Notice of Claim. If such notification is not given, the Contractor waives its right to any additional com pensation.

The liability of the Department for such claims is limited to those items of damages that are specifically identified as payable in connection with delay claims as set forth in Subsection 105.16.5. For such claims, the Department has no liability for those items of damages identified as not payable in con nection with Delay Claims as set forth in Subsection 105.16.6.

105.16.5 Recoverable Damages

Only the following items may be recovered by the Contractor with respect to Delay Claims or other claims. The Department has no liability for damages beyond the following items:

A. Additional job site labor expenses.

B. Documented additional costs for materials.

C. Equipment costs, as determined in accordance with this subsection.

D. Documented costs of extended job site overhead.

E. An additional 10% of the total of items A, B, C, and D above, for home office overhead and profit; however, this amount will not ex ceed the anticipated margin for home office overhead and profit pro vided for in the Contractor's original bid. Additionally, home office overhead margins paid to the Contractor included in Change Orders are considered as partial or final compensation for these costs.

F. Bond costs.

G. Subcontractor costs determined by and limited to those items identi fied as payable under items A, B, C, D, E, and F above.

2 For purposes of computing extra equipment costs, rates used are based on the Contractor's actual costs for each piece of equipment. These rates must be supported by equipment cost records furnished by the Contractor. Equip ment rates will not be allowed in excess of those in the Rental Rate Blue Book with the appropriate adjustments noted in Subsection 109.5. The stand-by rate is 50% of the operating rate.

105.16.6 105.16.7

105.16.6 Non-Recoverable Damages

The parties agree that, in any claim for damages, the Department has no liability for the following items of damages or expense:

A. Profit in excess of that provided in item E of Subsection 105.16.5.

B. Loss of profit.

C. Labor inefficiencies.

D. Home office overhead in excess of that provided in item E of Sub section 105.16.5.

E. Consequential damages including, but not limited to, loss of bonding capacity, loss of bidding opportunities, and insolvency.

F. Interest and any other indirect costs or expenses of any nature other than those allowable under item D of Subsection 105.16.5.

G. Attorneys' fees, claims preparation expenses, or costs of litigation.

H. Prejudgment interest on any amounts the Contractor may be found to be entitled for any claim.

105.16.7 Required Contents of Claims

Submit all claims in writing and in sufficient detail to enable the RCE to as certain the basis and the amount of each claim. All information submitted to the Department under this subsection is used solely for analyzing and resolv ing the claim. At a minimum, provide the information opposite a check mark (./) in the following table.

Documentation Required with Claims

For For Delay Other Required DocumentationClaims Claims

A. A descriptionof the operations that were delayed, the reasonsfor the delay, howtheyweredelayed,includingthe reportof all schedulingexpertsor otherconsultants,if any.

B. An As-Built chart, CPM schedule or other diagramde-

./ picting in graphic form how the operationswere adversely affected, and may be required to submit a full electronic versionof the CPM.

C. A detailed factual statement of the claim providing all necessarydates, locations and items of work affected by the claim.

./ ./ D. The date on which actions resulting in the claim oc-curredor conditionsresultingin the claimbecameevident.

(table continued on the next page)

105.16.8 105.16.8

(table continued from the previous page)

Documentation Required with Claims

./ ./ E. A copy of the SCOOT Form 100.04, Contractor Notice of Claim filed for the specific claim by the Contractor.

F. The name, function, and activity of each Department official or employee, involved in, or knowledgeable about facts that give rise to such claim.

G. The name, function, and activity of each Contractor or subcontractor official or employee, involved in, or knowl-edgeable about facts that gave rise to such claim.

H. The specific provisions of the Contract that support the claim and a statement of the reasons why such provisions support the claim.

I. The identification of any pertinent documents, and the substance of any material oral communication relating to such claim.

J. A statement as to whether the additional compensation or extension of time sought is based on the provisions of the Contract or an alleged breach of contract.

K. The amount of additional compensation sought and a breakdown of that amount into the categories specified as payable under Subsection 105.16.5 above.

L. If an extension of time is also sought, the specific days for which it is sought and the basis for such claim as de-

./ ./ termined by an analysis of the construction schedule . If a schedule is not required for the Contract, the request for time is analyzed based on other documentation as required in this subsection.

105.16.8 Required Certification of Claims

When submitting the claim, certify in writing and under oath in accordance with the formalities required by South Carolina law as to the following:

A. The claim is made in good faith.

S. Supportive data is accurate and complete to the Contractor's best knowledge and belief.

C. The amount of the claim accurately reflects what the Contractor in good faith believes to be the Department's liability.

105.16.8 105.16.9

2 Use the CERTIFICATE OF CLAIM form, which can be obtained from the Department, in complying with these requirements.

105.16.9 Auditing of Claims

All claims filed against the Department are subject to audit at any time fol lowing the filing of such claim, whether or not such claim is part of a suit pend ing in the courts of this State. Further, the Department has the right to audit the Contractor's records at any time during the project and up to 3 years after final completion of the project regardless of whether or not a claim is pending.

The audit may be performed by employees of the Department or by an inde pendent auditor appointed by the Department. The audit may begin after 10 days notice to the Contractor, subcontractors, and suppliers. The Contractor, subcontractors, and suppliers shall cooperate with the auditors. Failure of the Contractor, subcontractors, and suppliers to maintain and retain sufficient re cords to allow the Department's auditor to verify the claim constitutes a waiver of that portion of such claim that cannot be verified and bars recovery there under. If the Contractor fails to make all documents requested by the De partment or its Consultants available within 10 days of request, then the Con tractor shall be responsible for all of the Department's audit costs.

Without limiting the generality of the foregoing, and as a minimum, make the following documents available to the auditors:

A. Daily time sheets and superintendent's daily reports;

B. Union agreements, if any;

C. Insurance, welfare, and benefits records;

D. Payroll Register;

E. Earnings records;

F. Payroll tax returns;

G. Material invoices, purchase orders, and all material and supply ac-quisition contracts;

H. Material cost distribution worksheet;

I. Equipment records (list of company equipment, rates, etc.);

J. Vendor rental agreements and subcontractor invoices;

K. Subcontractor payment certificates;

L. Canceled checks (payroll and to vendors);

M. Job Cost Report;

N. Job Payroll Ledger;

O. General Ledger, General Journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals;

P. Cash Disbursements Journal;

Q. Financial statements for all years reflecting the operations on this project;

105.16.10 105.17

R. Income tax returns for all years reflecting the operations on this pro ject;

S. Depreciation records on all company equipment whether such re cords are maintained by the company, its accountant, or others;

T. If a source other than depreciation records is used to develop costs for the Contractor's internal purposes in establishing the actual cost of owning and operating equipment, all such source documents;

U. All documents which reflect the Contractor's actual profit and over head during the years this project was being performed and for each of the 5 years before the commencement of this project;

V. All documents related to the preparation of the Contractor's bid in cluding the final calculations on which the bid was based unless such documents are placed in escrow under other provisions of the Con tract;

W. All documents that relate to each and every claim together with all documents that support the amount of damages as to each claim;

x. Worksheets used to prepare the claim and establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance, materials, equipment, subcontractors, and all documents, which establish the time periods, individuals involved, the hours, and the rates for the individuals;

Y. All documents relating to project schedules including, but not limited to, all electronic scheduling data, data bases, updates, interim schedules, look ahead schedules, and scheduling programs; and

Z. Any and all electronic data relating in any way to the project.

105.16.10 Remedies Exclusive

The parties agree that the Department has no liability to the Contractor for expenses, costs, or items of damage other than those that are specifically identified as payable under this subsection. In the event any legal action is instituted against the Department by the Contractor because of any claim for additional compensation, whether because of delay, acceleration, breach of contract, or otherwise the Contractor agrees that the Department's liability is limited to those items that are specifically identified as payable in this subsec tion. The statute of limitations for any legal action against the Department commences on the date of Final Acceptance by the RCE or one year after substantial completion of work, whichever comes first.

105.17 General Design Features

Whenever the Contractor is called upon to furnish details of the design not shown on the Plans, or otherwise specifically covered herein and whenever any requirements of the Plans or the Specifications are in any way ambiguous or uncertain as to meaning, it is mutually understood and agreed that the standards of good practices as set forth in the specifications of AASHTO gov ern.