PENNSYLVANIA TURNPIKE COMMISSION Harrisburg, PA

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1 PENNSYLVANIA TURNPIKE COMMISSION Harrisburg, PA CONTRACT NO. T S FOR SUPERSTRUCTURE REPLACEMENT OF BRIDGE NO. WB-224B AT MILEPOST IN BEAVER COUNTY, PENNSYLVANIA SPECIAL PROVISIONS INDEX A. GENERAL PAGE NO. A01.00 GENERAL... 1 A02.00 PREQUALIFICATION OF BIDDERS... 1 A03.00 PREVAILING WAGES... 1 A04.00 CONSTRUCTION SCHEDULE... 2 A05.00 GENERAL PROVISIONS... 8 A06.00 ELECTRONIC DATA FILES B. TRAFFIC AND SAFETY B01.00 RESTRICTION OF OPERATIONS DURING HOLIDAY PERIODS B02.00 PINNING OF TEMPORARY CONCRETE BARRIER B03.00 SLOTTED TEMPORARY CONCRETE BARRIER C. RIGHT-OF-WAY/UTILITIES/SURVEYS C01.00 BENCHMARK DISC C02.00 PROTECTION AND COORDINATION OF UTILITIES D. ROADWAY AND RELATED PROVISIONS D01.00 SEDIMENT FILTER BAG F. PROJECT SPECIFIC PROVISIONS F01.00 PROJECT MEETING AND SITE REVIEW F02.00 TIME OF COMPLETION F03.00 DIVERSE BUSINESS REQUIREMENTS F04.00 LANE RENTAL FEE FOR EXTENDED USE OF LANE(S) F05.00 ROAD USER COSTS F06.00 COMPLIANCE WITH PERMIT REQUIREMENTS F07.00 ANTI-GRAFFITI COATING F08.00 TEMPORARY SHORING F09.00 ROCK ARMOR F10.00 MAINTENANCE AND PROTECTION OF TRAFFIC F11.00 WEEKEND CLOSURE OF TURNPIKE Network No SP IND (T S )

2 F12.00 RELOCATION OF EXISTING SIGNS F13.00 CLASS A CEMENT CONCRETE, H.E.S F14.00 MULTI-CELL GALVANIZED STEEL CONDUIT F15.00 REMOVAL OF BRIDGE NO. WB-224B, MP F16.00 CONCRETE JACKETING OF PIER F17.00 TEMPORARY STEEL SUPPORT STRUCTURES F18.00 SUPERSTRUCTURE SLIDE F19.00 TYPE A CEMENT CONCRETE REPAIRS F20.00 STRUCTURE BACKFILL F21.00 GEOCOMPOSITE DRAIN F22.00 POLYMER MODIFIED CEMENT MORTAR REPAIRS F23.00 CONCRETE MEDIAN BARRIER 48 TRANSITION, HIGHWAY TO BRIDGE BARRIER F24.00 WATER DIVERSION DEVICE F25.00 CONCRETE WASHOUT F26.00 PRICE ADJUSTMENT FOR STEEL COST FLUCTUATIONS F27.00 TEMPORARY PIPE F28.00 PROJECT COLLABORATION SYSTEM F29.00 PUBLIC WORKS EMPLOYMENT VERIFICATION ACT F30.00 CONTRACTOR S ACCESS AND STAGING F31.00 RESTRICTION OF TREE CUTTING ACTIVITIES F32.00 ENUMERATION OF DRAWINGS Network No SP IND (T S )

3 PENNSYLVANIA TURNPIKE COMMISSION Harrisburg, PA CONTRACT NO. T S FOR SUPERSTRUCTURE REPLACEMENT OF BRIDGE NO. WB-224B AT MILEPOST IN BEAVER COUNTY, PENNSYLVANIA SPECIAL PROVISIONS A01.00 GENERAL 04/01/11 This project provides for the superstructure replacement of a two span P/S Concrete Adjacent Box Beam bridge with a two span Continuous Composite Steel Plate Girder bridge. The contract also includes construction of temporary steel support structures, superstructure slide system, and temporary construction access roads/causeway. Work items include, but are not limited to: 3,892 CY Excavation, Various Classes 437 TON Superpave Asphalt Mixture, Various Types 2,083 LF Temporary Concrete Barrier 6 EA Temporary Steel Support Structures 353,000 LBS Fabricated Structural Steel, Unpainted 1,212 SF Concrete Jacketing of Pier 462 CY Cement Concrete, Various Classes 138,267 LB Reinforcement Bars, Epoxy Coated Milepost is located approximately 7.5 miles east of the Beaver Valley Interchange, Exit 13, in Beaver County, Pennsylvania. A02.00 PREQUALIFICATION OF BIDDERS 10/05/12 A Prequalification Certification and Applicable Capacity Rating assigned by the Prequalification Office of the Pennsylvania Department of Transportation is a necessary prerequisite for bidding on this project. The included Certificate (Bidder Certification of Prequalification and Work Capacity) must be executed and accompany the proposal. Failure to comply with these requirements will be sufficient cause for rejection of the proposal. A03.00 PREVAILING WAGES 04/01/11 The Provisions of the Pennsylvania Prevailing Wage Act of August 15, 1961, P.L. 987 as amended, together with the rates and regulations promulgated by the Secretary of Labor and Industry, are a part of these contract documents. Network No SP (T S )

4 A04.00 CONSTRUCTION SCHEDULE 04/01/11 (ITEM: ) Procedures - A. Preliminary Project Schedule Within 14 calendar days after the Notice of Award of the contract, but no later than the preconstruction conference, submit a Preliminary Project Schedule that summarizes the work and defines the Contractor's overall plan for the construction of the project. The schedule shall be presented in a time-scaled bar chart format with general logic ties, containing approximately activities. The Preliminary Project Schedule can be presented in monthly increments. Include the following types of activities: each bridge structure, major earthwork operations, mainline paving operations, toll facility construction, major subcontractors activities, critical utility or third party coordinated items of work, contract completion and milestone dates, major material fabrication and deliveries and major traffic changes. Show anticipated start and stop dates by month and year for each activity. For the Preliminary Project Schedule, activities such as mainline paving operations or a smaller bridge can be represented by one activity for each operation. Second shift work activities shall be shown as separate activities. The Representative will complete the review of the Contractor s Preliminary Project Schedule within 7 calendar days after receiving the schedule submittal. No work on the project will be permitted by the Contractor or any subcontractors until the Representative accepts the Preliminary Project Schedule. Any comments or corrections required of the Preliminary Project Schedule that are requested by the Representative must be addressed and/or incorporated into the CPM Schedule under Paragraph B in this section. Additionally, no extension of Contract Time will be allowed for any delays associated with the Contractor's preparation and the Representative's review and acceptance of the Preliminary Project Schedule. Until the CPM Schedule for the Contract is accepted, the Preliminary Project Schedule will be the basis for evaluating progress, coordinating the work and determining delay and recovery. B. CPM Schedule Within 30 calendar days after the acceptance of the Preliminary Project Schedule, prepare, complete, and submit to the Representative for review, a CPM Schedule, incorporating the schedules for all subcontractors, interfaces with contractors on adjacent contracts, and others performing work in full accordance with this contract. As such, it will comply fully with all Contract Provisions including, but not limited to, the requirements regarding contract time, milestones, holiday restrictions, and coordination and cooperation with utility companies, railroads, governmental agencies and contractors on adjacent contracts and the requirements specified in the Special Provision entitled General Provisions. At the Pre-Construction Conference, the Representative will provide an overview of how the CPM Schedule shall be organized and how the group codes are to be assigned, specific contract scheduling issues, submittal process, etc. The Representative will complete the review of the Contractor s CPM Schedule within 21 calendar days after the submittal. If required, the Representative will convene a Joint Review Conference at which time the Representative and Contractor may make corrections and adjustments to the proposed CPM Schedule. If a revision is necessary due to the Representative s review or the Joint Review Conference, submit the proposed revision within 7 calendar days after the Contractor receives the Network No SP (T S )

5 Representative s review comments or within 7 calendar days after the date of the Joint Review Conference whichever is the latest. Revisions will conform to the requirements for the CPM Schedule. The Representative will respond to the revised CPM Schedule within 7 calendar days after the revised CPM Schedule is received. Additionally, no extension of Contract Time will be allowed for any delays associated with the Contractor's preparation and the Representative's review and acceptance of the CPM Schedule. C. The CPM Schedule will conform with the following: 1. Prepare the schedule as a Critical Path Method (CPM) schedule utilizing the Precedence Diagramming Method (PDM) time scaled logic diagram format. Limit activity durations to a maximum of 20 working days (unless otherwise approved by the Representative), as measured in accordance with the calendar applicable to that activity. In general, less than 5% of all nonprocurement activities shall be greater than 20 working days. Activities required for review and approval of the working and/or shop drawings and materials by the Representative will be given durations of not less than 30 calendar days. 2. Incorporate all durations, ties, relationships, means, methods, sequences, and construction logic that may be required by the work, and that may be required by the Representative. The Contractor's CPM Schedule will include all current contract milestone and completion dates for the entire project and along with the CPM submission, the contractor shall include a narrative section that describes any unique logic sequencing, defining lag and lead times, and listing the calendars used. 3. Prepare the CPM Schedule in such a manner that the Contractors' work sequence is optimized. Float is defined as the amount of time between when an activity can start or finish and when an activity must start or finish. Float belongs to the project, and not to either the Contractor or the Commission and the parties have full use of the float until it is depleted. 4. Clearly identify in the CPM Schedule network diagram the activities illustrating accomplishment within the time for completion set forth in the contract. If the Contractor submits a CPM Schedule showing a completion of the work more than ninety (90) calendar days in advance of the Contract Completion Date, the Contractor agrees that the Commission may, at no additional cost, decrease the Contract duration by issuance of a Change Order that will change the Contract completion date and the appropriate milestone dates to the date reflected in the Project Schedule. Any approved schedule, revision or update having an early completion date in advance of the Contract Completion Date shall show the time between the early completion date and the current Contract Completion Date as project float, therefore available to both the Contractor and the Commission. 5. The CPM Schedule will be prepared and updated monthly using the most recent Windows version of approved scheduling and control software as listed below. Submit all data on disks that are compatible with the Representative's system. Approved Scheduling software includes: a.) Primavera Project Planner b.) Primavera SureTrak Project Manager D. Adjust Contract Time only in accordance with the requirements of the Special Provision entitled General Provisions. Network No SP (T S )

6 E. Progress reports will be required monthly. Reports are subject to comments from the Representative and are to be in accordance with the General, Supplemental and Special Provisions. F. Requirements for initial submittal, review, and updating the CPM Schedule are included in the section of this Special Provision entitled Submittals. Use the CPM Schedule for planning, organizing, and directing all work, and for reporting progress. G. Designate an individual (or subconsultant) as the CPM Scheduler. The contractor's project manager can serve as the scheduler provided that he meets the following requirements. Submit to the Representative for review and acceptance the CPM Scheduler's experience and credentials prior to proceeding with any scheduling work under this Contract. Prior experience with resource-loaded CPM scheduling, knowledge of the specific scheduling software being used and knowledge and experience with similar construction work are required. The Commission reserves the right to rescind such acceptance at any time during the Contract and to require the Contractor to provide a qualified replacement. H. Comply with all requirements of the Contract regarding coordination, cooperation, contract time, and schedule. Content and Preparation of Project Schedules - A. The CPM Schedule is to consist of a time scaled CPM network diagram, activity sorts, printed reports, and digital data on disks, all of which will include all contract work, the Required Completion date, milestone dates, and a series of subschedules delineating the details of the work in a manner which fulfills all requirements of the Contract. This includes, but is not limited to, activities describing all work, the sequence of work, and all requirements for coordination and cooperation between Contractors, subcontractors, contractors on adjacent contracts, i.e. Commission's work, utilities, governmental agencies, and other parties involved with the Work. B. Diagrams are to show the order and interdependence of activities and the sequences in which the Work is to be accomplished. The basic concept of the network analysis diagram must be followed to show how the start or finish of a given activity is dependent on other activities. Predecessor and successor activity restraints (including leads and lags) must be documented and provided in all reports to the Commission. The critical path must be clearly identified on all plots and reports. C. Detailed network activities include, in addition to construction activities, separate activities for the submittal and approval of samples, product data, shop drawings, fabrication, procurement and delivery of critical materials and equipment, and the manufacture, installation, and testing of special materials and equipment, as well as activities for acquiring permits, borrow and waste agreements, etc. Also, show Commission activities that affect progress, and milestone dates for completion of parts of the work. D. Base the CPM Schedule diagram on early start and finish dates and show a continuous flow of activities from left to right. Sufficiently detail the CPM Schedule diagram to accurately depict the Work. Show on the diagram activity numbers, activity description and activity duration in working days for each activity. The CPM Schedule (both logic diagrams and activity sorts and reports) is to be organized by area, pay item, stage, responsibility, type of activity, and other relevant features through the use of activity codes. Furnish the following information for each activity: 1. Activity number assign each activity a unique identification number. 2. Activity description assign each activity an unambiguous descriptive word or phrase. For example, use Excavate Area A, not Start Excavation. Include relevant quantities where space allows. Network No SP (T S )

7 3. Estimated duration of activity assign a planned duration in working days for each activity. Activities relating to the maintaining of traffic or erosion controls are not control the critical path. 4. Preceding and succeeding activity numbers, including lead and lag times. In conjunction with the CPM Schedule diagram, provide the following information for each activity: 1. Remaining duration of activity, in working days 2. Earliest start date, by calendar date 3. Earliest finish date, by calendar date 4. Actual start date, by calendar date 5. Actual finish date, by calendar date 6. Latest start date, by calendar date 7. Latest finish date, by calendar date 8. Total float 9. Designate use of multiple shifts (if applicable) 10. Estimated crew type, size and equipment, along with production rate 11. Estimated contract cost 12. Estimated quantities of work 13. Calendars used 14. Predecessor(s) and Successor(s) E. Assure that subcontractor work and Contractor work are included in the network diagram, that work sequences are logical, and that the diagram shows a coordinated plan of work between the Contractor and subcontractors and others associated with the work. F. Imposed dates in the construction schedule do not bind the Commission. Only the Required Completion Date, any Contract Milestone Completion Dates, and any contractually specified sequences are binding on the Commission in accordance with the contract documents. G. Consider, and make appropriate, schedule and operational allowances, for weather conditions and the influence of high or low ambient temperatures on the completion of all contract work within the allotted Contract Time. Incorporate an allowance for weather conditions during the life of the project in the project calendars by assigning anticipated non-work days as appropriate to all calendars used in the schedule. The Commission assumes no responsibility for the impact of weather on the Contractor's schedule. H. Provide workday calendars which address the specified and working requirements which affect the project. Examples of calendars include a normal 5 day week, weekend only work, holiday restrictions, traffic restrictions, shift requirements, duration of shifts, and seasonal restrictions. Updating - A. Submit Schedule Update Progress Reports monthly. The update is to provide revised information based on progress to date and to list and explain logic changes that have incurred since the previous update. Monthly update Progress Reports are to show the activities completed during the reporting period. State in the report the percentage of each activity the Contractor completed as of the reporting date, and the progress along the critical path in terms of days ahead or behind the latest allowable dates. Include in the report a narrative description which includes, but is not limited to, a description of work activities completed, activities completed during this period, activities that are behind schedule, anticipated problems, delaying factors, their impact, schedule logic changes and why the changes were made, duration changes and justification how those changes would be implemented, Network No SP (T S )

8 acceleration and delays are to be explained and a description of corrective construction actions taken or contemplated. Address changed work as a result of Change Orders in monthly Progress Reports in full accordance with the contract requirements. Use the Work Authorization Number as the Activity ID and incorporate the changes into the schedule when authorized to proceed with the change. Incorporate Change Orders into the Schedule Diagram and into the Tabular Reports. B. Provide a Three Week Look Ahead Schedule which is to be updated on a weekly basis. In addition to the scheduled activities, this schedule is to emphasize changes in the contractor's approach to the work, areas of delay, items requiring Commission action and delivery of critical material. Submittals - A. Submit the Preliminary Project Schedule in accordance with the times stated in the Procedures section of this Special Provision. The Representative will review and, if necessary, offer comments. Comply with the Representative's comments. B. Submit the CPM Schedule to the Representative for review in accordance with the times stated in the Procedures section of this Special Provision. All data required by the section entitled Content and Preparation of Project Schedules must be included in this submission. The initial submission must be made in digital format (include disk) and must be accompanied by 4 sets of the following hard copy documents: 1. Time Scaled Logic Diagram on 22 x 34 sheet size and color code 2. Time Scaled Bar Chart on 11 x 17 paper and color code 3. Tabular Reports, sorted as follows: a. by Activity Number b. by Total Float, Early Start c. Detailed Predecessor - Successor Analysis, sorted by Activity Number d. by up to 4 additional categories which may be requested by the Representative The Schedule consists of the Schedule Diagram and the Tabular Reports. It will include all comments on the Preliminary Schedule, and the schedules required from other subcontractors, interfaces with the contractors on adjacent contracts, utilities, railroads, and governmental agencies. This schedule becomes the original schedule of record for planning, organizing, and directing the work and for reporting progress C. Updates are required on a monthly basis, or more frequently if requested by the Representative. Each update submission must be made in digital format (include disk) and must be accompanied by 4 sets of the following hard copy documents: 1. Time Scaled Bar Chart on 11 x 17 paper 2. Tabular Reports, sorted as follows: a. by Activity Number b. by Total Float, Early Start c. Detailed Predecessor - Successor Analysis, sorted by Activity Number (Required if logic changes are made) d. by up to 4 additional categories which may be requested by the Representative Submit each schedule update three (3) days prior to the Monthly Progress Meeting. A schedule review meeting may be called by the Representative approximately seven days in advance of the Monthly Progress Meeting in order to discuss the content of the next update and determine any revisions that may be made to the schedule. Network No SP (T S )

9 D. Submit the Look Ahead Schedule to the Representative by noon of the last regularly scheduled workday of the week. E. Failure by the contractor to submit and receive approval of the CPM Schedule or any required revisions or updates thereto within the time limits specified is sufficient cause for the Representative to withhold processing of current pay estimates until such delinquent submittal is made. F. The Representative's review of a schedule in no way waives the requirements of this contract nor excuses the contractor from any obligations under this contract. Recovery Schedule - A. The Commission reserves the right to require a Recovery Schedule and implementation of such Recovery Schedule. All statements regarding progress are subject to verification by the Representative. Revise such statements, if necessary, to reflect any changes identified by the Representative. All changes identified in a schedule update will be reviewed by the Representative and will be subject to acceptance or rejection on the basis of compliance with this special provision. Accept and comply with all comments issued by the Representative as a result of any review of a schedule. B. If the Representative deems that the Contractor has fallen 10 working days behind the project schedule (as measured in relation to the Required Completion Date and any Milestone Dates), upon the Representative's written request, submit a written and documented Recovery Schedule. This schedule must be submitted within 7 calendar days of the date of the Representative's request or within such other period as the Representative may specify in writing. Implement the Recovery Schedule without additional cost to the Commission and provide for completion of the work in accordance with the Required Completion Date and the Milestone Dates, without a time extension. Document in the Recovery Schedule all additional resources, including materials, equipment and labor, and modifications of operations which will be provided so as to meet the schedule. Provide all such additional resources and modifications of operations without additional cost to the Commission. Such additional resources and modifications include, but are not limited to: 1. Required overtime for the Contractor's personnel. 2. Increased construction manpower in such quantities as will substantially eliminate the backlog of work and put the project back on schedule. 3. Increased numbers of shifts per working day, working days per week (change in calendars), or the amount of construction equipment, or any combination of the foregoing which will put the project back on schedule. 4. Rescheduled activities to achieve the maximum practical concurrence of accomplishment of activities to put the project back on schedule. 4. Supplemental progress schedules detailing the specific operational changes instituted to regain the Contract Schedule. The Contractor shall inform the Commission in writing if it is believed that the need for a recovery schedule is due to factors beyond the control of the Contractor. Failure to provide the Representative with the required schedules and failure to implement such schedules within 10 calendar days will be considered noncompliance by the Contractor in accordance Network No SP (T S )

10 with Section Continued failure to provide and implement a required recovery schedule for an additional 10 calendar days will result in default of Contract, and as such, will be subject to the provisions of Section Measurement and Payment Lump Sum. Includes the Preliminary Project Schedule, the CPM Schedule, Look Ahead Schedules, monthly updates, recovery schedules, all submissions and revisions, software purchases and training, attendance at scheduling meetings, and any work required to provide an acceptable CPM Schedule. 50 percent of the item will be paid when the CPM Schedule is accepted and the remaining 50 percent of the item will be paid on a prorated monthly basis (based on the duration of the project). Monthly pay estimates will be withheld if the monthly updates and recovery schedules are not submitted. A05.00 GENERAL PROVISIONS 04/01/11 In accordance with Section 101 and as follows: DEFINITIONS - Add the following: CONTRACT TIME - The period of time beginning with the Notice to Proceed, which is allowed for the completion of the contract by the Required Completion Date, including time extensions and reductions authorized by the Commission. COMMISSION - The Pennsylvania Turnpike Commission, including such person or persons as may be authorized by the Commission to act with respect to any and all matters pertaining to this agreement. In accordance with Section 105 and as follows: COOPERATION BETWEEN CONTRACTORS - Delete Section and replace with the following: The Commission reserves the right to contract for and perform other or additional work on or near the work covered by this contract. (a) Coordination and Cooperation. When separate contracts are awarded within or adjacent to the limits of any one project, or when the Commission performs other work, conduct the work so as not to interfere with or hinder the progress or completion of the work being performed by other contractors. Contractors working on either the same or adjacent projects are to cooperate with each other as part of their own scope of work and as directed. Without in any way limiting the foregoing requirement, cooperate and coordinate to the extent necessary to satisfactorily conclude all work essential for the operation of the Turnpike. Assume all liability in connection with the contract. Protect and save harmless the Commission from all damages or claims that may arise because of inconvenience, delay or loss experienced because of the presence and operations of other contractors working within or outside the same project limits. Include all considerations, financial and otherwise, resulting from this requirement herein to interface, coordinate and cooperate with other contractors working the same or other areas, as well as with the Commission and its authorized representative. (b) Disputes or Actions Between Contractors. Should the Contractor, either himself or by his subcontractor or subcontractors of their respective agents, servants, or employees, (1) cause damage or injury to the property or Work of any other contractor or contractors, or (2) by performing or failing to Network No SP (T S )

11 perform his Work, including the work of his subcontractor or subcontractors hereunder with due diligence, delay or interfere with any contractor or contractors who suffer additional expense or damage thereby, the parties involved in such dispute are to settle by agreement or arbitrate said claim, dispute, or disputes by referring same to the American Arbitration Association. Said dispute or disputes will be determined pursuant to the Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The Commission and its authorized representatives will not be a party to such disputes or actions between prime contractors or subcontractors concerning such additional expense or damage. It is agreed by all parties that disputes or actions between contractors concerning the additional expense or damage hereinbefore mentioned will not delay completion of the Work which is to be continued by the parties, subject to the rights hereinbefore provided. It is agreed by the parties to this Contract (the Commission as promisee and the Contractor as promisor) that the intent of this clause is to benefit the other as an indication of the mutual intent of the Commission and the Contractor that this clause raise such other contractors to the status of the third party beneficiaries only as to the terms and conditions of Section The Contractor agrees that Section is provided as a benefit to the Contractor and that it specifically excludes claims against the Commission and its authorized representatives for delay or other damages. The Contractor agrees that all claims, disputes and other matters in question between contractors, which arise out of, or are related to this Contract or the breach thereof as provided in this Section (b) will be settled by agreement or resolved by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then in effect, unless the parties mutually agree otherwise. This agreement to arbitrate is specifically enforceable under the prevailing Arbitration Law. The award rendered by the arbitrators will be final, and judgment may be entered upon it in accordance with the applicable law in any Court having jurisdiction thereof. The Commission and its authorized representatives will not be a party to this arbitration. Notice of the demand for arbitration must be filed in writing with the other prime contractors, with the appropriate Regional Office of the American Arbitration Association, and a copy filed with the Commission. The demand for arbitration is to be made within a reasonable time after the claim, dispute or other matter in question has arisen. In accordance with Section 108 and as follows: PERFORMANCE AND PROGRESS Delete Section (b) and replace with the following: (b) Submit a detailed construction schedule for the Commission's review within the time specified in the Contract Documents and in accordance with Section The Commission may use the detailed construction schedule to establish major construction operations and to check on the progress of the work. Provide sufficient resources, including materials, equipment, and labor to guarantee the completion of the project in accordance with the Contract Documents within the Contract Time. (c) Recovery Schedule. If the Commission deems that the Contractor has fallen 10 working days behind the project schedule (as measured in relation to the Required Completion Date and the Milestone Completion Dates) due to causes for which the Contractor is responsible, upon the Commission's written request, submit a written and documented Recovery Schedule. Failure to provide the Commission with the required schedules and failure to implement such schedules within 10 calendar days will be considered noncompliance by the Contractor in accordance with Section Continued failure to provide and implement a required recovery schedule for an additional 10 calendar days will result in default of Contract and, as such, will be subject to the provisions of Section Network No SP (T S )

12 TIME EXTENSIONS AND REDUCTIONS - Delete Section and replace with the following: (a) Contract Time. Comply with all provisions of this Contract governing Contract Time. Furthermore, comply with all provisions governing Milestone Completion Dates which occur prior to the completion of the Contract Time. Consider these times to be essential conditions of the Contract and to be reflective of the Commission's needs in regard to the completion and operation of the Project. The Commission makes no representations regarding the reasonableness of these dates as they may affect the Contractors' operations. However, positively represent and include in the Contract Price any and all costs which may be incurred in order to complete the Contract Work in accordance with the coordination requirements of this Contract, within the Contract Time, and in accordance with the Milestone Completion Dates. No contention that insufficient time was specified will be a valid reason for extension of time, nor will any additional compensation be paid for any costs incurred by the Contractor for the necessary coordination of his Work with that of others, for the attainment of Milestone Completion Dates, and for Completion of the work within the Contract Time, by the Required Completion Date. (b) Reports and Scheduling. Within the time constraints imposed in the Special Provisions of the Contract, prepare a detailed and practicable schedule for the provision of material and equipment for the execution of the Work. Submit this detailed schedule to the Commission and in accordance with the requirements specified therein. Without exception, conform with all Milestone Completion Dates and the Required Completion Dates. (c) Adjustment of Contract Time. The Commission, at its own discretion, will have the authority to revise the Contract Time, the Required Completion Date, and the Milestone Completion Dates. Such change may be for additional work or extra work. The Contractor will be notified in writing and the resulting schedule adjustment will be effected via Change Order, when approved. Notify the Commission in writing within 2 working days if delayed, hindered, disrupted, or otherwise interfered with in the performance of the work for reasons demonstrably beyond the Contractor's own control. Such a delay, disruption, hindrance, or other interferences will be referred to in this section as an Event. For all such events, including those of a continuing or extended duration, continue with all required maintenance and updating of the project schedule, in full accordance with this Contract. If an Event affects neither the Required Completion Date, the Milestone Completion Dates, nor the work of other Contractors, then incorporate schedule revisions acceptable to the Commission into the next schedule update and proceed in accordance with the revised and updated schedule. If, however, the Event affects the Contract Time, the Required Completion Date, the Milestone Completion Dates, or the work of the other Contractors, as determined by the Commission, then an extension of time may be due. In order to allow the Commission, in its sole discretion, to determine whether or not a time extension is appropriate, demonstrate in a written request for extension, submitted no later than 30 days after the written notification of delay, but prior to the expiration of Contract Time as currently in effect, each of the following: 1. Compliance with the notice provisions of the contract so as to bring the Event affecting the Contract Time, the Required Completion Date, the Milestone Completion Dates, or the work of the other Contractors to the Commission's attention in order to increase the possibility for such matter(s) to be resolved or for appropriate action to be taken promptly. 2. That the Event was not within the Contractor's own reasonable control. 3. That the Event had an impact equal to a quantifiable and demonstrable number of days on a specific set of schedule activities. Network No SP (T S )

13 4. That the Event had a direct and unavoidable impact on succeeding activities that caused a delay to a Milestone Completion Date or the Required Completion Date. 5. That the plan and sequence of schedule activities was a reasonable representation of the work, was unencumbered by incidental, unnecessary, or arbitrary restraints imposed by the Contractor, and that the durations assigned to the work activities were not excessive. 6. That no concurrent delays for which the Contractor was responsible affected the same Milestone Completion Date or the Required Completion Date. Event. 7. That there was no action on the Contractor's part which could have mitigated the effects of the If the Commission determines, after its review of the Contractor's written extension request, that the Contractor has complied with each of these requirements and that an Event has affected a Milestone Completion Date or the Required Completion Date, then the Commission will extend, by a written order, the Contractor's Required Completion Date or Milestone Completion Date for a period of time determined to be reasonable by the Commission. Comply with the procedures and requirements of this section or be deemed to have waived any request for extension or schedule adjustment. In accordance with Section 110 and as follows: ADDITIONAL WORK, EXTRA WORK, AND EXTRA WORK ON A FORCE ACCOUNT BASIS - Delete Section (e) and replace with the following: (e) Disputes. 1. Notice of Potential Claim. It is the purpose of this subsection that claims for additional compensation and any difference between the parties arising under and by virtue of the contract be brought to the attention of the Commission at the earliest possible time to increase the possibility for such matters to be resolved or for appropriate action to be taken promptly. In the event any dispute or any basis for additional compensation or additional time arising under and by virtue of the contract is perceived by the Contractor to have occurred, immediately notify the Representative and, in writing, call such matter to the immediate attention of the Commission for the earliest possible decision, instruction, notice, or action to be taken by the Commission. Such a dispute or basis for additional compensation or additional Time shall include a disagreement with the Commission as to whether work is: Original Contract work or additional work Original Contract work or extra work, or Additional work or extra work. If the Contractor's perceived claim involves concealed conditions encountered in the course of the work which are at variance with the conditions indicated in the Contract Documents, then the written notice to the Representative must be given within 2 working days of the first observance of the condition in question. If the Contractor's claim involves the Contractor's perception that additional cost or time is involved in implementing an order or direction issued by the Commission, give this written notice of claim before beginning the work on which the claim is based, or within 10 days after the Contractor's receipt of such order or direction, whichever is less. In the case of all other claims perceived by the Contractor, give written notice within 10 days of the event or occurrence which gives rise to the perceived claim. Provide in this notice, insofar as possible, the basis of the stated objections and the nature and the Network No SP (T S )

14 amount of any adjustment in compensation or extensions of time which are perceived to be due. If such notice is not given, any claim for additional compensation or additional time is agreed to be waived. In conjunction with the notice addressed in the preceding, at the time the Contractor perceives any basis for additional compensation or additional time, begin keeping and maintaining records concerning the perceived claim. The Commission may also begin maintaining records. Claim no extra costs of any kind for work performed prior to notifying the Representative of such dispute, basis for additional compensation or additional time, or disagreements with the Commission's decision. On each Monday, compare records of the previous week's work with those kept by the Commission and review for accuracy. Report to the Commission, within 10 days of each review, all disagreements with such records. Refusal or repeated failure to meet to review the Commission's records or to report disagreements with such records will create an irrefutable presumption in favor of the Commission that its records are accurate. Disputes concerning all such work will be resolved by the Commission and payment will be made on the basis determined by the Commission. In the event of a disagreement with the decision of the Commission, comply with provisions of Section concerning due notice in writing of an intent to file a claim and send a copy of the written notice to the Commission within the time frame allowed by that section. If written notice is not submitted to the Commission within 10 days of receipt of the Commission's decision, daily records of labor, equipment and materials will no longer be kept by the Commission and no claim for additional compensation of any kind arising from or relating to the disputed work or the decision of the Commission can be filed with the Board of Claims. If due notice in writing is submitted to the Commission within the 10 day period, continue to keep and review daily records, as provided above, until completion of the disputed work. With the exception of those specific daily records or portions thereof on which written disagreements were filed with the Commission as provided above, any claim for damages filed with the Board of Claims arising out of or relating to the disputed work can be measured at the hearing by any contemporaneous records kept by the Commission. Unless otherwise agreed to in writing, continue with and carry on the project work and progress during the pendency of any claim, dispute, decision or determination by the Commission. 2. Submission of Claims. Set forth in any claim submitted in accordance with foregoing paragraph 1 each requested item of additional compensation or extension of time requested in clear detail, including the following: (a) The reasons for the claim; (b) References to applicable provisions of the Contractor; (c) The nature and the specific cost ascribed to each element of the claim or for each period of time involved in accordance with the records maintained by the Commission subject to the weekly review comments provided by the Contractor. In addition, provide the basis used in ascribing each such element of cost or for each such period of time, and all other pertinent factual data. Comply with the requirements of this section and with Section on requests for additional time. Promptly furnish any clarification and additional information or data deemed necessary and requested in writing by the Commission or its authorized representative. 3. Decision on Claims. The Commission, in accordance with Section , has the responsibility to make decisions accepting or rejecting any claims alleged by the Contractor and submitted in accordance with the procedure defined by this section. However, in all cases, the Contractor's failure to comply with the procedures and requirements outlined in this section will be deemed to be the Contractor's own waiver of his perceived claim. Network No SP (T S )

15 4. Limitation of Liability. Except as otherwise expressly provided in the contract, do not claim or hold the Commission and any of their agents, employees and designated representatives liable (in contract or in tort, including negligence) for damages, including, but not limited to, labor inefficiency, interest or carrying charges on its investment, expenses arising from costs of capital, loss of profits on work not performed, or for loss of use of, or under-utilization of labor, equipment or facilities of Contractor including items commonly referred to as "home office overhead", resulting from any performance, nonperformance, or delay in performance on the part of the Commission and any of their agents, employees, and designated representatives of obligations under this contract, or from the Commission's delay, termination or suspension of the work under this contract. SECTION DELAY CLAIMS - Delete this section in its entirety. A06.00 ELECTRONIC DATA FILES 04/01/11 Following execution of the contract and upon written request, the Commission will provide the Contractor with electronic data files for this project to be used for information only. This information is not, nor shall be considered as, any part of the Contract Documents. No representation or warranty is made as to the compatibility of these files beyond the original software format and version or the ability to convert files to other formats or versions, the presence of viruses, or as to the possible erosion, erasure, and/or alteration, accidental or deliberate, from whatever source, of the data over time. Since the data files are for information only, they are not to be used in lieu of the official documents and plans as published on the Commission s EBS. The plans as published on the Commission s EBS shall be referred to and shall govern in the event of any inconsistency, for whatever reason, between the plans as published on the Commission s EBS and the electronic data. It is the Contractor s responsibility to determine that the electronic data accurately reflects the plans as published on the Commission s EBS and any subsequent change or addendum issued by the Commission. Any and all use of the files by the Contractor will be at the Contractor s risk and full legal responsibility. The Commission will not accept, review, hear or consider any construction claims arising from the electronic data provided. In the event there is a conflict between the electronic data and the Contract Documents, the Contract Documents take precedence. The Commission is unable to provide technical support to parties who desire to use the electronic files. Likewise, since these files do not form a part of the Contract Documents, the Commission will not entertain any questions on the information provided. All users will, to the extent of the law and necessity, indemnify and hold the Commission, its employees, agents, and consultants harmless from any and all suits, liabilities, demands or costs arising out of or resulting from their use of the electronic data. B01.00 RESTRICTION OF OPERATIONS DURING HOLIDAY PERIODS 04/03/15 Arrange schedule to provide maximum use of the roadway during holiday periods. Have all travel lanes, each direction, and all interchange ramps and all toll lanes available to traffic during the holiday periods. Applicable holiday periods are included as an attachment to the contract. B02.00 PINNING OF TEMPORARY CONCRETE BARRIER 04/01/11 B02.01 Description - This work is the drilling of holes in bituminous pavement and installation of steel reinforcement bars driven vertically behind the concrete barriers to limit the barriers from creeping into the work zone, removal of reinforcement bars, and plugging of drilled holes. Network No SP (T S )

16 B02.02 Materials - (a) No. 4 or larger Reinforcement Bars Section 709 (b) PG Asphalt Section 702 B02.03 Construction - Drill holes directly behind the temporary concrete barrier at the locations noted to accommodate the installation of a No. 4 or larger reinforcement bar. Drill holes completely through the existing and/or proposed bituminous material and drive reinforcement bars 6 inches into pavement, leaving 6 inches of the reinforcement bars exposed above the pavement surface. Locate holes a minimum of 18 inches and a maximum of 22 inches from each end of every barrier section (one on each side of the joint). Fill the holes with PG asphalt when the reinforcement bars are removed. Perform pinning of temporary concrete barrier at all locations where construction related drop-offs are in excess of 1 foot and the back edge of the temporary concrete barrier is less than 1 foot from the work area. B02.04 Measurement and Payment - Incidental to the barrier. B03.00 SLOTTED TEMPORARY CONCRETE BARRIER 04/01/11 B03.01 Description - This work is the furnishing, installation, maintenance, resetting and removal of Temporary Concrete Barrier with drainage slots. B03.02 Material - (a) Temporary Concrete Barrier - Section B03.03 Construction - Section and as follows: Provide two 4 (H) x 2 (L) drainage slots for each 12-foot section of temporary concrete barrier. Locate the center of the drainage slots 3 feet in from the ends of the temporary concrete barrier section. Keep drainage slots clear of debris to allow for water flow. B03.04 Measurement and Payment - Incidental to temporary concrete barrier. C01.00 BENCHMARK DISC 04/03/15 C01.01 Description - This work is the placement of benchmark disc(s) where located on the drawings. C01.02 Material - (a) Benchmark Disc (3-3/4-inch Diameter) - furnished by the Commission. C01.03 Construction - (a) Old Disc - Prior to the demolition of the existing structure, determine the existence of any N.G.S, NOAA, USGS or USC&GS discs. If these discs are encountered, they must be removed and returned to the Commission. Provide the Representative 3 weeks advance notice of the intent to remove the disc(s). Network No SP (T S )

17 (b) New Disc - Spread apart the notched foot of the bronze disc. Place the benchmark disc(s) in the parapet(s) at the northeast corner of the bridge(s) at a point directly over the abutment, pier, or wing wall which can be occupied by a leveling rod or bar-coded digital leveling staff. Provide a written statement of completion to the Commission. The Commission will establish the new elevation on the new disc(s) and stamp the disc(s) with the elevation information. C01.04 Measurement and Payment - Incidental to the project. C02.00 PROTECTION AND COORDINATION OF UTILITIES 04/01/11 Ascertain and locate any utility lines including Commission owned facilities, in the vicinity of the entire project and take all precautions to fully protect the (utility) facility and service. Prior to performing any work in the vicinity of any underground or overhead line or service, advise the facility owner at least 72 hours in advance of initiating work and provide all measures for protection in accordance with the National Electric Safety Code, the Occupational Safety and Health Administration's Regulations and as deemed necessary by the facility owner with the Representative's concurrence. Coordinate protection and relocation of utilities with the facility owner. Attention is directed to the Provisions of Act 287 of 1974 and subsequent amendments which specify the responsibilities in regard to public health and safety during excavation and demolition operations in areas of underground utilities. Contact the One Call System at for all facilities prior to performing underground work. Immediately report to the facility owner including the Commission any break, leak or other damage to the lines or protective coatings made or discovered during the work and immediately alert the occupants of the premises and the employees of any emergency created or discovered. Perform all work required for the location, replacement, adjustment or reconstruction of underground utilities in accordance with Section The Commission may have both underground and aerial utility facilities within the project limits, specifically the Maintenance, Interchange, Tunnel, and Service Plaza areas. In addition to service lines, the Commission has lighting and various other facilities throughout the Turnpike system. The Commission's Tradesman Superintendent may be able to provide information about these sites and can be contacted through the Representative. No work by facility owners with identified utility facilities within the project limits or Turnpike right-ofway is anticipated. Known utilities are listed within the contract documents. The correctness of the information is not guaranteed and the Commission will not pay costs incurred by the contractor or facility owners for work performed for their convenience, unless prior written consent is obtained from the Commission. This work is incidental to the project. D01.00 SEDIMENT FILTER BAG 04/05/13 (ITEM: ) D01.01 Description - This work is the furnishing, installing, operation and removal of sediment filter bags for use in dewatering excavations at the option of the Contractor or as directed by the Representative. Network No SP (T S )