LA DOT LA 653 BAYOU DUNMAR BRIDGE REPLACEMENT _h.008118_proposal.pdf

STATE OF LOUISIANA

DEPARTMENT OF TRANSPORTATION AND

DEVELOPMENT

CONSTRUCTION PROPOSAL

DOTD

LOUISIANA DEPARTMENT OF

TRANSPORTATION & DEVELOPMENT

FEDERAL AID PROJЕСТ

STATE PROJECT NO. H.008118

CONTROL SECTION NO. 829-12

LA 653: BAYOU DUMAR BRIDGE REPLACEMENT

ROUTE LA 653

LAFOURCHE PARISН

ATE OF LOUISIANST

AT

E

RANDAL D. SANDERS

REG. No. 21391

REGISTERED

PROFESSIONAL, ENGINEER

andal anden

NCINEER

10 JULY 2026

A-1

06/26/2026 09:59 AM

STATE PROJECT NO. H.008118

TABLE OF CONTENTS

Page No.

Title Sheet A-1

Table of Contents B-1

Notice to Contractors C-1 thru C-3

Special Provisions D-1 thru D-185

Supplemental Specifications

Supplemental Specifications for 2016 Standard Specifications (08/22) E-1 thru E-125

Federal Aid Construction Project Contract Documents

Required Contract Provisions, Federal-Aid Construction Contracts (06/26) F-1 thru F-12

Female and Minority Participation in Construction (01/83) F-13 thru F-20

New Orleans Plan (01/83) F-21 thru F-22

On-The-Job Training (06/21) F-23 thru F-26

DBE SBE Participation Forms (No Goal) (10-25) F-27 thru F-28

Minimum Wage Determination G-1 thru G-9

Construction Proposal Information

Bid Bond H-1

Schedule of Items I-1 thru I-12

Construction Proposal Signature and Execution Form J-1 thru J-2

B-1

NOTICE TO CONTRACTORS (10/25)

C-1

Electronic bids and electronic bid bonds for the following project will be downloaded by the Louisiana Department of Transportation and Development (LA DOTD) on Wednesday, August 12, 2026. Paper bids and paper bid bonds will not be accepted. Electronic bids and electronic bid bonds must be submitted through www.bidx.com prior to the electronic bidding deadline.

Beginning at 10:00 a.m., all bids will be downloaded and posted online at http://wwwapps.dotd.la.gov/engineering/lettings/. No bids are accepted after 10:00 a.m. The electronic bid download process is held in LA DOTD Headquarters Building, 1201 Capitol Access Road in Baton Rouge, LA, Room 113 B, and is open to the public. Visitors must check-in with the security desk in the first floor lobby.

CONTROL SECTION NO. 829-12

FEDERAL AID PROJECT NO. H008118

DESCRIPTION: LA 653: BAYOU DUMAR BRIDGE REPLACEMENT

NON-NHS ROUTE: LA 653

PARISH: LAFOURCHE

LENGTH: 0.275 Miles

TYPE: CLEARING AND GRUBBING, REMOVAL OF TIMBER BRIDGE, GRADING,

DRAINAGE STRUCTURES, MILLING ASPHALT CONCRETE, PAVEMENT

PATCHING, CLASS II BASE COURSE, LIME TREATMENT, ASPHALT

CONCRETE PAVEMENT, PRECAST CONCRETE PILES, CAST-IN-PLACE SLAB

SPAN BRIDGE, AND RELATED WORK.

LIMITS: LOCATED ON THE ROUTE LA 653 BAYOU DUMAR BRIDGE FROM NORTH

OF ITS JUNCTION WITH EAGLE ISLAND ROAD TO ITS JUNCTION WITH

PERTUIT LANE, AS SHOWN IN THE PLANS.

ESTIMATED COST RANGE: $5,000,000 to $7,500,000

The estimated cost range is for informational purposes only and may be subject to change. The bid prices received from bidders will be evaluated based on the actual estimate value, which will be published at bid opening, for award determination.

PROJECT ENGINEER: Usey, Brandon; 115 Candy Ln., Thibodaux, LA 70301; (985) 447- 0943.

PROJECT MANAGER: Yap, Kian.

PROJECT CLASSIFICATION

The winning bidder shall be licensed under La. R.S. 37:2150-2165 for the classification of

Highway, Street, and Bridge Construction before execution of the awarded contract.

SPECIAL NOTICE TO CONTRACTORS: Bidders are required to certify their intent to comply with the Firearms Entity Special Provisions.

Bids must be prepared and submitted in accordance with Section 102 of the 2016 Louisiana Standard Specifications for Roads and Bridges as amended by the project specifications, and must include all information required by the proposal.

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ONLINE BIDDER REGISTRATION IS FOR ALL PROSPECTIVE BIDDERS AND FOR

OTHERS INTERESTED IN INFORMATION ONLY. Prior to the electronic bid submission deadline, ONLINE BIDDER REGISTRATION for each project bid is REQUIRED. Online Bidder Registration may be accessed via the Internet at wwwsp.dotd.la.gov. Select the following options:

DOING BUSINESS, then Construction Services, then Bidder Registration.

When completed, a registration confirmation notice will be displayed and may be printed by the bidder. When approved for bidding, the bidder’s name will be placed on the “List of Prospective Bidders” located on the LA DOTD Internet website. It is the bidder’s responsibility to review the “List of Prospective Bidders” to ensure approval to bid. If a bidder does not register for a project, the bid will not be accepted by LA DOTD. As per 102.04.5 of the 2016 edition of the Louisiana Standard Specifications for Roads and Bridges, no bidders will be approved for bid registration within 24 hours before the bid opening. All bidders must register to bid before that deadline. If further information is required, please contact Mr. Alfonzo Simon, email:

Alfonzo.Simon@la.gov, (225) 379-1111, fax : (225) 379-1857.

Plans and bid proposals are available in electronic format ONLY. All Plans, Proposals, Addenda, Amendments, Letters of Clarification, and Withdrawal Notices will be posted online. Paper notices will not be distributed.

Construction bid proposals (includes specifications) and plans may be accessed via the Internet at wwwsp.dotd.la.gov. To receive update notifications on specific projects, ONLINE BIDDER REGISTRATION is required. From the LA DOTD home page, select the following options:

DOING BUSINESS, then Construction Services, then Construction Letting Info. Once the Construction Letting Information page appears, find the Notice to Contractors box. From the drop down menu, select the appropriate letting date and press the “Go To” button to open the page, which provides a listing of all projects to be let and a Construction Proposal Documents link for each project. All project specific notices are found here. It will be the responsibility of the bidder to check for updates. Additionally, plans and specifications may be seen at the Project Engineer's office. Upon request, the Project Engineer will show the project site.

All questions concerning the plans shall be submitted via the Electronic Plans Distribution Center known as Falcon. All submitted questions will be forwarded by email to the Project Manager and the Project Engineer. Questions submitted within a period of 96 hours prior to the advertised time for the opening of bids, excluding Saturdays, Sundays, and any other legal holidays, may not be answered prior to bidding. Falcon may be accessed via the Internet at wwwsp.dotd.la.gov. From the home page, select DOING BUSINESS, then Construction Services, then select Construction Letting Info. On the Construction Letting Information page, select the link, DOTD Plans Room (Falcon); Login to Falcon (or request an ID if a first-time user). Once logged in, you will have access to view Project Information, submit a question concerning the project, and view the plans.

To avoid any suggestion that a potential bidder is using the Falcon system to communicate with other potential bidders, DOTD will not post any question or any statement of fact or opinion not made for the purpose of seeking clarification of plans and/or specifications. Any non-questions posted on falcon will be limited to the statement of an issue considered unresolved by a previous DOTD response.

C-3

Bidders assume the responsibility for accessing the Apparent Bid Results and final Bid Results on the Construction Letting Information web page located at http://wwwapps.dotd.la.gov/engineering/lettings/ to confirm whether they are the apparent low bidder for any given project and the specific due date of Form CS-6AAA for SBE Goal Projects.

Apparent Low Bidders on Small Business Element (SBE) Goal Projects shall comply fully with the “Required Contract Provisions for SBE Participation in Federal Aid Construction Contracts (SBE Goal Project)” contained in Section “F” of the Proposal; and, in accordance therewith, Apparent Low Bidders shall submit the completed Form CS-6AAA for SBE Goal Projects and Attachments to the LA DOTD Compliance Programs Office utilizing the list of SBE Certified Contractors as posted for this letting at:

http://wwwapps.dotd.la.gov/engineering/lettings.

The award of the contract will be electronically submitted to the successful low bidder on each project.

The U. S. Department of Transportation (DOT) operates a toll free "Hotline" Monday through Friday, 8:00 a.m. to 5:00 p.m., Eastern Time. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should call 1-800-424-9071. All information will be treated confidentially and caller anonymity will be respected.

S.P. GENERAL BIDDING REQUIREMENTS (11/16):

The specifications, contract and bonds governing the construction of the work are the 2016

Edition of the Louisiana Standard Specifications for Roads and Bridges, together with any supplementary specifications and special provisions attached to this proposal.

Bids shall be prepared and submitted in accordance with Section 102 of the Standard Specifications.

The plans herein referred to are the plans approved and marked with the project number, route and Parish, together with all standard or special designs that may be included in such plans.

The bidder declares that the only parties interested in this proposal as principals are those named herein; that this proposal is made without collusion or combination of any kind with any other person, firm, association, or corporation, or any member or officer thereof; that careful examination has been made of the site of the proposed work, the plans, Standard Specifications, supplementary specifications and special provisions above mentioned, and the form of contract and payment, performance, and retainage bond; that the bidder agrees, if this proposal is accepted, to provide all necessary machinery, tools, apparatus and other means of construction and will do all work and furnish all material specified in the contract, in the manner and time therein prescribed and in accordance with the requirements therein set forth; and agrees to accept as full compensation therefore, the amount of the summation of the products of the quantities of work and material incorporated in the completed project, as determined by the engineer, multiplied by the respective unit prices herein bid.

It is understood by the bidder that the quantities given in this proposal are a fair approximation of the amount of work to be done and that the sum of the products of the approximate quantities multiplied by the respective unit prices bid shall constitute gross sum bid, which sum shall be used in comparison of bids and awarding of the contract.

The bidder further agrees to perform all extra and force account work that may be required on the basis provided in the specifications.

The bidder further agrees that within 15 calendar days after the contract has been transmitted to him, he will execute the contract and furnish the Department satisfactory surety bonds.

If this proposal is accepted and the bidder fails to execute the contract and furnish bonds as above provided, the proposal guaranty shall become the property of the Department; otherwise, said proposal guaranty will be returned to the bidder; all in accordance with 103.04.

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SPECIAL PROVISIONS

S.P. MANDATORY ELECTRONIC BIDS AND ELECTRONIC BID BONDS

SUBMISSION (11/16):

This project requires mandatory electronic bidding. All Specifications, whether Standard, Supplemental or Special Provisions, are hereby amended to delete any references regarding paper bids and the ability to submit paper bid forms.

The contractor shall register online to be placed on the Louisiana Department of Transportation and Development (LA DOTD) prospective bidders list or for information only list.

Modifications to proposal documents will be posted on the Department’s website at the following URL address: http://wwwapps.dotd.la.gov/engineering/lettings/.

LA DOTD shall not be responsible if the bidder cannot complete and submit a bid due to failure or incomplete delivery of the files submitted via the internet.

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S.P. MANDATORY ELECTRONIC PAYROLL SUBMISSION (12/16):

This project requires mandatory submission of contractor payrolls using the AASHTOWare

Civil Rights & Labor Software. All Specifications, whether Standard, Supplemental or Special Provisions, are hereby amended to delete any references regarding paper payrolls and the ability to submit such paper payroll forms.

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S.P. DBE/SBE PARTICIPATION IN FEDERAL AID CONSTRUCTION CONTRACTS

(11/16):

This project has not been selected for a specific DBE/SBE Goal. The contractor shall meet the obligations of the Required Contract Provisions for DBE/SBE Participation in Federal Aid Construction Contracts contained elsewhere herein.

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S.P. PARTICIPATION IN JOB TRAINING (11/16):

If the contractor desires to participate in job training, as provided by Supplemental

Specifications elsewhere herein, he/she shall submit a written request to the project engineer with a copy to the Compliance Program Section. According to the design formula, the number of potential trainees has been established as three (3). For the purposes of reimbursement, this number of trainees has been translated into an estimated three thousand (3,000) trainee hours.

The pay item for Trainee Reimbursement; will be established in the contract in accordance with the Supplemental Specifications for On-The-Job Training and the above hours.

Should the design formula not indicate that the contract could support training; a contractor may still train upon the approval of the Department.

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S.P. BUILD AMERICA / BUY AMERICA PROVISIONS (09/23):

Section 106, Control of Materials, of the Standard Specifications for Roads and Bridges, 2016

Edition, is hereby amended to include the following:

Pursuant to the Build America Buy America ("BABA") provisions of the Infrastructure Investment and Jobs Act (“IIJA”) enacted on November 15, 2021 (Pub. L. No. 117-58), all iron and steel materials (including the application of a coating), manufactured products manufactured in the United States and having the cost of the components greater than 55 percent of the total cost of all components of the manufactured product, as well as construction materials permanently installed in the project, shall be manufactured and produced in the United States, unless a waiver of these provisions is granted.

Cost Calculation:

Refer to Part 184 of title 2 of the Code of Federal Regulations (2 CFR) for guidance to determine the cost of components for manufactured products.

Contractor Certification and Certification Submission:

The apparent low bidder shall provide certification of intent to conform to BABA with their completed contract documents, through transmittal of a completed certification document. The certification document, “DOTD’s Bidder's Build America, Buy America Certification Form”, will be provided in the federal package with the other required federal documents, and shall be the only form acceptable for use in certification of intent to conform to BABA. The contractor shall provide a separate Certification Form from the supplier for each applicable material.

Waiver:

Minimal use of foreign steel and iron materials will be allowed without waiver provided the cost of these materials does not exceed 0.l percent of the total contract cost or $2,500, whichever is greater; however, the contractor shall make written request to the Chief Construction Division Engineer for permission to use such foreign materials and shall furnish a listing of the materials, their monetary value, and their origin and place of production.

Records Retention:

The contractor shall retain any and all records pertaining to or relating with the contractor’s

BABA certification and processes for a period of not less than five years after final acceptance of the construction project.

Inspection:

At the Department’s sole discretion, the department shall have the right to inspect or audit any and all records pertaining to or relating with the contractor’s BABA certification and processes.

For More Information on BABA:

More information may be found by going to FHWA website Made in America | US Department of Transportation, https://www.fhwa.dot.gov/construction/cqit/buyam.cfm, and OMB M-22-11.

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S.P. Definitions and Terms (04-24)

101.03 of the 2016 Louisiana Standard Specifications for Roads and Bridges is amended as follows:

Definitions ‘Bidding Documents’ and ‘Contract’ are deleted and replaced with the following:

Bidding Documents. The advertisement, plans, specifications, bid forms, bidding instructions, addenda, special provisions, Geotechnical Data Report, and all other written instruments prepared by or on behalf of the Department for use by bidders.

Contract. The written agreement between the Department and the contractor setting forth obligations of the parties thereunder for performance of the prescribed work.

The contract documents include the advertisement, bid forms, contract form, payment/performance/retainage bond form, standard specifications, supplemental specifications, special provisions, plans, standard plans, change orders/special agreements, supplemental agreements, Geotechnical Data Report, and other documents referenced therein that are required to complete the work in an acceptable manner, and contract time, including authorized extensions thereof, all of which constitute one instrument.

‘2. Supplemental Specifications’ of definition ‘Specifications’ is deleted and replaced with the following:

2. Supplemental Specifications: Approved additions and revisions to the Standard

Specifications, and included in all Department Contracts. The supplemental specifications book can be found on the DOTD internet page at 2016 Supplemental Specifications Book.

Amended to include the following:

Construction Engineer. Whenever the term “Chief Construction Engineer” is used, it shall mean Construction Engineer.

Geotechnical Data Report. Includes a description of the subsurface soil investigations performed, field investigation logs, and results of laboratory and field test measurements.

Police Enforcement Personnel. Assist in controlling traffic in a particular work zone. There are three types:

Police Presence. Is to be used in advance of queueing traffic to gain the attention of drivers by utilizing blue lights on official law enforcement vehicles by law enforcement personnel.

Police Enforcement. Is to be used when enforcement is required to enhance the safe operation of the work zone.

Police Traffic Control. Is to be used as required by contract documents, including control of detours and diversions.

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S.P. Contents of Bidding Documents (08/22) Section 102 of the 2016 Louisiana Standard Specifications for Roads and Bridges are amended as follows:

Paragraph 4 of 102.03, is deleted and replaced with the following:

All manufacturers and products shall comply with the requirements of the plans, specifications, and the contract documents by meeting or exceeding the specified requirements. Unless explicitly stated otherwise in the contract, when the name of a certain brand, make, manufacturer, product, or definite specifications limit the manufacturer, product, or source to a single manufacturer, product, or source, that specification sets forth and conveys to prospective bidders the general, minimally acceptable style, type, character, quality and salient performance criteria of the manufacturer, product, or source specified in the contract and shall not restrict bidders to the brand, make, manufacturer, or product specified by the Department in the contract. The specified manufacturer, product, or source shall be a minimum standard by which substitute manufacturers, products, or sources will be compared to determine if the substitute manufacturer, product, or source will be approved for substitution by meeting or exceeding the general style, type, character, quality and salient performance criteria required in the contract. Bidders are informed that potential suppliers for buildings, plants, and related facilities may, but are not required, to get prior approval from the prime design professional for products not specified in the contract documents. If a potential supplier submits a request for prior approval by the prime design professional, the potential supplier must do so through Falcon no later than seven working days prior to the opening of bids. The prime design professional must furnish, within three days, excluding holidays and weekends, after the potential supplier submits the product for prior approval, written approval or denial of the submitted product to the public entity or the Department and to the potential supplier.

If the prime design professional fails to respond in writing within three days of submission of the product for prior approval, the submitted product will be approved. When the Department specifies a particular manufacturer, product, or source in the contract for bridges, highways, streets, or roads, substitute manufacturers, products, or source performance data not specified in the contract must be submitted to the Chief Engineer through Falcon for prior approval no later than seven working days prior to the opening of bids. The Chief Engineer will approve or deny the submitted substitute manufacturer, product, or source performance data within three days, exclusive of holidays and weekends, of the submission. If a manufacturer, product, or source sought to be used as a substitute for the Department’s specified manufacturer, product, or source is not submitted prior to the opening of bids, the Department has the right to require the manufacturer, product, or source specified in the contract. Submission of a substitute manufacturer, product, or source performance data after the seven-day period prior to the opening of bids may only be allowed at the sole discretion of the Chief Engineer pursuant to 105.01.

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S.P. PROPOSAL/BID GUARANTY (08-24):

The first paragraph of 102.09 is deleted and replaced with the following:

Each bid shall be accompanied by a proposal/bid guaranty in an amount not less than five percent of the total bid amount when the bidder’s total bid amount as calculated by the Department in accordance with

103.01 is greater than $100,000. No proposal/bid guaranty is required for projects when the bidder’s total bid amount as calculated by the Department is $100,000 or less. The official total bid amount for projects that include alternates is the total of the bidder's base bid and all alternates bid on and accepted by the Department.

The proposal/bid guaranty submitted by the bidder shall be a bid bond made payable to the contracting agency as specified on the bid bond form provided in the construction proposal. No other form of security will be accepted.

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S.P. 102.14 FIREARMS ENTITY (09-24)

Section 102, Bidding Requirements, of the Standard Specifications for Roads and Bridges, 2016 Edition, is hereby amended to include the following:

102.14 FIREARMS ENTITY CERTIFICATION Department contracts with a value of $100,000.00 or more require a company with fifty or more full-time employees to verify that the company does not discriminate against a firearm entity or firearm trade association in violation of La. R.S. 38:2216.1 and R.S. 39:1602.2.

Bidders shall provide certification of intent to comply with La. R.S. 38:2216.1 and 39:1602.2 with their proposal/bid on the Construction Proposal Signature and Execution Form provided in the proposal for letter bid projects or through BidX for electronically bid projects.

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S.P. 103 AWARD AND EXECUTION OF CONTRACT (08-24)

Section 103, Award and Execution of Contract, of the Standard Specifications for Roads and Bridges, 2016 Edition, is hereby amended to include the following:

Under 103.01.1 Rejection of Low Bid, after No. 5, add

6. The low bidder fails to submit the required information and satisfy the requirements of La. R.S. 38:2216.1 and R.S. 39:1602.2.

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S.P. INTENT OF CONTRACT (11/16):

Subsection 104.01, Intent of Contract, is amended to include the following.

104.01.1 Covenant of Good Faith and Fair Dealing.

This contract imposes an obligation of good faith and fair dealing in its performance and enforcement.

The contractor and the Department agree from the beginning to focus on creative cooperation, to avoid adverse confrontation, and to foster mutual respect, along with a positive commitment to honesty and integrity, and agree to the following mutual duties.

1. Each will function within the laws and statutes applicable to their duties and responsibilities.

2. Each will communicate in an open and candid manner.

3. Each will assist in the other's performance.

4. Each will avoid hindering the other's performance.

5. Each will proceed to fulfill its obligations diligently.

6. Each will cooperate in the common endeavor of the contract.

104.01.2 Voluntary Partnering.

The Louisiana Department of Transportation and Development intends to encourage the foundation of a cohesive partnership with the contractor and its principal subcontractors and suppliers. This partnership will be structured to draw on the strengths of each organization to identify and achieve reciprocal goals. The objective is a cooperative approach to contract management that will reduce costs, litigation, and "stress" while completing the project in accordance with the plans and specifications.

This partnership will be bilateral in makeup, and participation in partnering will be totally voluntary and is not a requirement of the contract.

A partnering conference is to be implemented and held prior to beginning construction. The contractor's management personnel and the Project Engineer will initiate a partnering development conference. They, working with the assistance of the District Construction Engineer, will make arrangements to determine the facilitator, the attendees at the conference, agenda of the conference, duration, and location. Persons required to be in attendance will be the Project Engineer and key project personnel; the contractor's on-site project manager and key project supervision personnel of both the prime and principal subcontractors and suppliers. The project design engineers, FHWA, key company representatives, and key local government personnel will also be invited to attend as necessary. The contractor and DOTD will also be required to have Regional/District and Corporate/State level managers on the project team.

Any cost associated with effectuating this partnering will be agreed to by both parties and will be shared equally and will be paid for in accordance with Subsection 109.04. The contractor, DOTD, FHWA and all others invited to the partnering conference will be responsible for any expenses incurred by their respective employees which includes salaries, travel, and lodging.

Follow-up conferences may be held periodically throughout the duration of the contract as agreed by the contractor and the DOTD.

The establishment of a partnership charter on a project will not change the legal relationship of the parties to the contract nor relieve either party from any of the terms of the contract. This partnership charter is intended only to establish an environment of cooperation and communication between all parties involved with the completion of the project.

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S.P. ALTERATION OF THE CONTRACT (03-25)

104.02 of the 2016 Louisiana Standard Specifications for Roads and Bridges is deleted and replaced with the following:

104.02 ALTERATION OF THE CONTRACT. The Department reserves the right to order such alterations in quantities and plans, within the general scope of the contract, including alterations in grade and alignment, as deemed necessary or desirable in order to complete the work as contemplated. Pay items affected by such alterations shall be performed in accordance with the project specifications and payment will be made at the same unit prices as other parts of the work, except as provided in 109.03 and 109.04.

The Department reserves the right to order work not provided for in the contract whenever such extra work is found essential or desirable to satisfactory completion of the contract within its intended scope. Such extra work shall be performed in accordance with specifications and as directed. Payment for such extra work will be made as provided in 109.04.

The contractor may request additional compensation 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 project engineer, in writing, of his intention to make a Request for Change Order (RFCO) in accordance with 105.18.

The Department reserves the right to order changes in details, including changes in materials, processes and sequences, whenever such changes are in the best interests of the public or are necessary or desirable to satisfactory completion of the work. Such changes in details shall be performed in accordance with the specifications and as directed, and payment will be made as provided in 109.04. Changes ordered in details, when such changes are allowed or required by the contract, are not alterations to the contract and payment for the affected work will be made at the contract unit prices.

An approved change order will be executed by the Department and the contractor to alter the contract in accordance with these and other similar provisions of the contract when any alteration is more than incidental, as determined by the Department, to other work specified in the contract.

The change order will describe the nature and scope of the contract alteration and the increase or decrease in the contract amount or time. Upon approval by the parties in Site Manager, or other Department approved contract management software, a change order is fully executed and a binding amendment to the contract.

The adjustment in Contract Amount and/or Contract Time stated in a change order shall comprise the total price and/or time adjustment due or owed the contractor for the work or changes defined in the change order.

In the event the contractor refuses to execute a disputed change order, the Department reserves the right to execute a change order without the contractor’s assent in order to document the contract alteration and adjust the contract amount and/or time accordingly.

Alterations to the contract as provided for by this subsection shall not invalidate the contract nor release the surety, and the contractor agrees to accept the work as altered, as if it had been part of the original contract. The contractor shall notify the surety of any alterations to the contract.

Alterations of the contract shall not involve work beyond the termini of the proposed work except as necessary to satisfactorily complete the project.

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Contractor will be allowed to begin the work w h e n approval o f t h e R F C O is received.

Force Account records, in accordance with 109.04, shall be maintained until a fully executed Change Order is completed, and then used to document incurred costs pursuant to LRS 48:252.B.(7)(b). In the event of a disputed change order, record and maintain records of all costs associated with any work alteration.

104.02.1 Differing Site Conditions:

1. During the progress of the work, if subsurface or latent physical conditions are encountered at the site that differ materially from those indicated in the contract, the party discovering such conditions shall immediately notify the other party in writing of the specific differing conditions before they are disturbed any further and before additional work is performed.

2. Upon written notification, the engineer will investigate the conditions and if he determines that the conditions do materially differ and will cause an increase or decrease in the cost or time required for the performance of any work under the contract, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly. The engineer will notify the contractor of his determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment, which results in a benefit to the contractor, will be allowed unless the contractor has provided the required written notice.

104.02.2 Suspensions of Work Ordered by the Engineer:

1. If the performance of all or any portion of the work is suspended or delayed by the engineer in writing for an unreasonable period of time (not originally anticipated, customary or inherent to the construction industry) and the contractor believes that additional compensation and/or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work.

The request shall set forth the reasons and support for such adjustment.

2. Upon receipt, the engineer will evaluate the contractor's request. If the engineer agrees that the cost and/or time required for the performance of the contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the contractor, its suppliers, or subcontractors, and not caused by weather, the engineer will make an adjustment (excluding profit) and modify the contract in writing accordingly. The engineer will notify the contractor of his determination whether or not an adjustment of the contract is warranted.

3. No contract adjustment will be allowed unless the contractor has submitted the request for adjustment within the time prescribed.

4. No contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of this contract.

104.02.3 Significant Changes in the Character of Work:

1. The engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not invalidate the contract nor release the surety, and the contractor agrees to perform the work as altered.

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2. If the alterations or changes in quantities significantly change the character of the work under the contract, whether or not changed by any such different quantities or alterations, an adjustment, excluding loss of anticipated profits, will be made to the contract. The basis for the adjustment shall be agreed upon prior to the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the contractor in such amount as the engineer may determine to be fair and equitable.

3. If the alterations or changes in quantities do not significantly change the character of the work to be performed under the contract, the altered work will be paid for as provided elsewhere in the contract.

4. The term “significant change” shall be construed to apply only to the following circumstances.

a. When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction or;

b. When a major item of work, as defined elsewhere in the contract, is increased, or decreased, in excess of 25 percent (25%) of the contract quantity as awarded. Any adjustment in unit price will be made on only that portion of the major item exceeding the 25 percent (25%) increase, or, in the case of a decrease of the item by 25 percent (25%) or more, the remaining portion will be adjusted.

104.02.4 Eliminated Items: Should any items or portion(s) thereof contained in the contract, whether bid as a unit price or as a lump sum, be found unnecessary for proper completion of the work, the engineer may, upon written order to the contractor, eliminate such items from the contract and deduct their total price from the contract amount through a change order. Such action shall not invalidate the contract.When a portion of an item is eliminated or its quantity reduced, a deduction for the eliminated work will be made in the contract amount for that item as determined by the engineer. No allowance, except as provided herein, will be made for any increased expense, loss of expected reimbursement, or loss of anticipated profits claimed by the contractor resulting either directly from such elimination or indirectly from unbalanced allocation among the pay items of overhead expense by the contractor and the subsequent loss of expected reimbursements therefor, or for other reasons. When an item or portion thereof is eliminated, the contractor will be reimbursed for previously authorized work done toward completion of the item.

The change order authorizing reimbursements shall show how the reimbursements were derived. Except when otherwise authorized by the Chief Engineer, such derivation shall show breakdowns of costs as detailed in 109.04.3.1 through 109.04.3.7.

104.02.5 Extra Work: When necessary or desirable to complete the project, the engineer may direct the contractor to perform unforeseen work for which there is no pay item or unit price in the contract by issuing, when appropriate, a Notice of Extra Work to the contractor. The Department will pay for such work as provided below through an approved change order. Upon receipt of a directive or written Notice of Extra Work, the contractor agrees to perform the work as directed and provide the Engineer a written cost estimate in accordance with 109.04.

If the Engineer rejects the cost estimate provided by the contractor, the Department may:

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1. Issue a directive requiring the contractor to proceed with the Extra Work and to document its costs in accordance with the provisions of 109.04.3; or

2. Advertise the Extra Work for bid in accordance with LRS Title 48.

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S.P. Maintenance of Traffic (07-23) Section 104.03 of the 2016 Louisiana Standard Specifications for Roads and Bridges is amended as follows:

104.03 is amended to include the following paragraph between the 2nd and 3rd paragraph:

The roadway and shoulders shall remain open to traffic during non-work periods unless allowed in the contract documents or previously approved by the Engineer. Do not store material or park equipment on roadway shoulders adjacent to lanes that are open to traffic.

104.03 is amended to delete paragraph 4 and include the following:

All lane, ramp, full roadway, and other roadway component closures shall be authorized by the engineer in accordance with the time frames described herein unless a shorter notification is allowed by the engineer. Unless otherwise authorized, closures will only be allowed while work is being performed. The contractor shall provide the engineer a 7 calendar day notice, prior to any lane, ramp, or other roadway component closure. The contractor shall provide the engineer a 14 calendar day notice, prior to any full roadway closure.

A late opening rental will be charged to the contractor for any closure that extends beyond the allowed closure times. The rental will also apply to any unauthorized closures by the contractor, whether short term or long term. The rental shall be computed in hourly increments only, with fractions of an hour rounded up to the next whole hour. Any rental monies assessed for a late opening or for an unauthorized closure will be deducted from payments due the contractor. The late opening rental or unauthorized closure rental will be in accordance with Table 104-1 for a maximum of four continuous hours per day per lane until late or unauthorized closures are no longer in place.

104.03 is amended by deleting Table 104-1 and replacing with the following:

Table 104-1 Unauthorized Closure or Late Opening Rental

Current Average Daily Traffic (Vehicles per Day) stated in contract documents

Hourly Rate ($/Hour) per lane

<10,000 250 10,000 - 19,999 1,250

20,000 - 34,999 5,000

35,000 - 50,000 11,500

>50,000 15,000

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During the periods when roadway closures are specified in the plans, specifications, or otherwise approved by the Engineer, only local traffic shall be provided for and maintained at all times; through traffic will not be required to be provided for or to be maintained.

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S.P. GUARANTEE AND WARRANTY OF CONTRACTOR'S WORK (06-25):

Paragraph 5 of 104.05 of the 2016 Standard Specifications for Roads and Bridges is deleted and replaced with the following:

The term of this guarantee and warranty is 1 year from final acceptance. Notwithstanding the foregoing, in the event that a product used in the Work is covered by a manufacturer’s standard warranty for a period longer than that of the project warranty, the manufacturer’s standard warranty shall apply to that product.

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S.P. Maintenance During Construction (03-22):

Section 105 of the 2016 Louisiana Standard Specifications for Roads and Bridges is amended as follows:

105.15 is deleted and replaced with the following:

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.

All adjacent and parallel roadways within the project limits which are affected by construction shall be the maintenance responsibility of the contractor.

The contractor shall maintain the roadway in a satisfactory condition to allow traffic to safely travel through the work zone at the posted speed limit.

When no item exists for temporary drainage, the cost of temporary drainage, including the cost of installation, maintenance, and removal of temporary drainage structures, shall be included in the contractor’s original bid as incidental work not measured for payment in accordance with 102.05.

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S.P. REQUEST FOR CHANGE ORDER (RFCO) (8-23)

105.18 of the 2016 Louisiana Standard Specifications for Roads and Bridges is amended as follows:

105.18 is deleted and replaced with the following:

105.18 REQUEST FOR ADDITIONAL COMPENSATION.

105.18.1 Notification:

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 Project Engineer, in writing, of his intention to submit a Request for Change Order (RFCO) for such additional compensation before beginning the work on which the request is based or immediately upon encountering the conditions or effects which the contractor requests entitle him to additional compensation. Once the Project Engineer is notified, both the Project Engineer and the contractor shall immediately keep a detailed diary relating to the contract request for compensation, including actions taken and costs associated with materials, personnel, equipment, and other resources utilized by the contractor in connection with the issue. This notification to the Project Engineer shall detail the reasons the contractor contends he is entitled to additional compensation and how this is allowed per the contract. The pricing of this request for additional compensation shall conform to the requirements of 109.04. The Project Engineer must be afforded a reasonable opportunity and proper facilities by the contractor for keeping account of actual costs incurred by the contractor related to the request. Notice by the contractor and the fact that the Project Engineer has kept account of the costs as aforesaid shall not be construed as proving or substantiating the validity of any claim. Within 30 calendar days after the completion of the event that caused the request, contractor must submit a RFCO in accordance with the requirements of 105.18.3.

If notification and a RFCO are not given or the Project 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 Project Engineer determines the RFCO is valid and all required documentation is submitted, a change order will be developed, as specified in 109.04, within 30 calendar days.

If the Project Engineer determines the request is not just or lacks entitlement, the Project

Engineer will notify the contractor, in writing, with the reasons why the RFCO is not being approved.

105.18.2 Dispute Resolution Procedure:

In the event of a rejected RFCO the contractor shall submit a "Contractor's Notification of

Contract Dispute (CNCD)" form to immediately notify the Project Engineer of disputed issues with all relative information. Relative information shall include all previously submitted RFCO documents as required in 105.18.3, a narrative of reasoning the contractor contends he is entitled to the compensation per 109.04, and proper justification for additional contract time requests per

108.07.

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During project disputes, it is the intent of the Department and contractor to eliminate or minimize any delays associated with a final determination to resolve any outstanding issues.

Therefore, the Department and contractor shall follow the following framework and timeline to resolve disputes:

1. Project Engineer – one (1) week

2. District Area Engineer – one (1) week

3. Chief Construction & Materials Engineer – two (2) weeks

4. Appeal –Chief Engineer – two (2) weeks

At any point during the dispute resolution process, the timeline may be extended upon written mutual agreement by both parties:

105.18.2.1 District Review:

The contractor shall send the original and electronic documents, as specified in 105.18.3, to the Project Engineer, District Area Engineer, the Chief Construction and Materials Engineer, and the Chief Engineer.

The Project Engineer shall immediately (within one week of receiving the CNCD) review/address the disputed issue. If a resolution is not determined after review by the Project

Engineer, the Project Engineer shall notify the District Area Engineer of the decision. The District

Area Engineer shall immediately (within one week) review/address the disputed issue. Upon determining a resolution, either by the Project Engineer or the District Area Engineer, a change order shall be prepared by the Project Engineer within 30 calendar days. If a resolution is reached on a portion of the CNCD, a change order can be prepared which addresses the agreed upon portion, and the contractor may reserve his right to request additional compensation on the remaining disputed portions of the CNCD.

If the CNCD is not fully resolved at the district level within two weeks, the Project Engineer shall prepare a written analysis of the dispute with supporting documentation, including all actions taken at the District level to resolve the issue. This analysis shall be submitted to the Chief

Construction and Materials Engineer within one week of the conclusion of the district level review process. The contractor shall then be notified that the dispute has been transferred from the District to the Headquarters Construction Section for further review.

105.18.2.2 Headquarters Review:

The Chief Construction and Materials Engineer will assign the dispute to Headquarters

Construction personnel for a detailed analysis, including recommendations, to be completed within two weeks from the date received from the District. After reviewing the Headquarters

Construction personnel’s findings and recommendations with the Chief Construction and

Materials Engineer, the Department will immediately notify the contractor, in writing, of the decision relative to the disputed issue. Upon amicable resolution of the dispute, a change order (if needed) shall be initiated by the Project Engineer within 30 days after notification. If the

Department denies all or a portion of the CNCD, the contractor may proceed with the Chief

Engineer appeal.

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105.18.2.3 Chief Engineer Appeal:

The contractor may appeal the Department’s decision directly to the Chief Engineer, who can initiate any additional review or investigation deemed necessary to amicably resolve the disputed issue within two weeks. This appeal request must be made, in writing, with all relative information previously submitted to justify the claim. An appeal meeting will be held to discuss the issues if requested, in writing, by the contractor. The Department will notify the contractor, in writing, of the decision relative to the appeal.

105.18.3 Documentation Requirements for Request for Change Order (RFCO) and Contractor's Notification of Contract Dispute (CNCD):

Required documents shall include the following:

1. The completed and signed CNCD form.

2. RFCO letter consists of a statement, if needed, a schedule, and all pertinent supporting documents as detailed below.

a. Statement and Schedule: The statement and schedule shall include:

i. a comprehensive outline of all work activities related to the disputed issue including all labor, equipment, material, subcontractor, and other direct or indirect cost elements associated with each work activity as specified in 109.04.

ii. if applicable, any project schedule impacts as specified in 108.03 and

108.07.

iii. indirect time related overhead will be considered on a case-by-case basis as specified in 109.04.

b. Tabulations: Submit a detailed tabulation document with quantities, expenses, costs, and/or rates used to price any element such that the statement or schedule may be quantified without producing the books and records from which the pertinent data was taken.

c. Financial Statements: Submit a copy of their…