Common use of LOAD RESTRICTIONS Clause in Contracts

LOAD RESTRICTIONS. Add the following: “Only New York State legal loads are allowed on the Thruway. Special Hauling Permits, required for special or occasional overweight and/or oversize loads exceeding NYS legal limits, are issued at the discretion of the Authority and only under special conditions and for use at designated times and locations. Application should be made to the New York State Thruway Authority Special Hauling Unit, Albany Headquarters, (000) 000-0000 at least 72 hours in advance. The Special Hauling Unit will fax the Contractor a NYS Thruway Special Hauling Permit Application. The Contractor must complete the application and fax it to the Authority’s Special Hauling Unit at (000) 000-0000. The fax should include a cover sheet with the following information:  Contract Number  Award and Completion dates of the Contract  Thruway entry and exit points The Special Hauling Unit will review the information for accuracy. If the application is approved, the special hauling permit will be assigned a number and any applicable restrictions will be noted. The permit will be faxed to the Contractor along with a cover letter addressed to the attention of “Toll Personnel”. The cover letter must accompany the Special Hauling Permit when presented at the tollbooth by the Contractor’s driver. No fee will be charged to the Contractor. Any changes to the permit will require notification and approval of the local Division Traffic Office. This Office may be reached by calling 0-000-000-0000 and asking for the Traffic Duty Officer. This office is open 24 hours a day, 7 days a week. Design approval of any shop drawing (e.g. steel erection procedures) does not constitute approval of a Special Hauling Permit. Notice of movement of any permitted oversized and/or overweight vehicle must be given at least 24 hours in advance of the scheduled move. Receipt of an Authority issued Special Hauling Permit does not constitute issuance of a permit for highways under NYSDOT or other jurisdictions, and vice versa.” 105-14 DISPUTED WORK AND DISPUTE RESOLUTION.

LOAD RESTRICTIONS. Add the following: “Only New York State legal loads are allowed on the Thruway. Special Hauling Permits, required for special or occasional overweight and/or oversize loads exceeding NYS legal limits, are issued at the discretion of the Authority and only under special conditions and for use at designated times and locations. Application should be made to the New York State Thruway Authority Special Hauling Unit, Albany Headquarters, (000) 000-0000 at least 72 hours in advance. The Special Hauling Unit will fax the Contractor a NYS Thruway Special Hauling Permit Application. The Contractor must complete the application and fax it to the Authority’s Special Hauling Unit at (000) 000-0000. The fax should include a cover sheet with the following information:  • Contract Number  • Award and Completion dates of the Contract  • Thruway entry and exit points The Special Hauling Unit will review the information for accuracy. If the application is approved, the special hauling permit will be assigned a number and any applicable restrictions will be noted. The permit will be faxed to the Contractor along with a cover letter addressed to the attention of “Toll Personnel”. The cover letter must accompany the Special Hauling Permit when presented at the tollbooth by the Contractor’s driver. No fee will be charged to the Contractor. Any changes to the permit will require notification and approval of the local Division Traffic Office. This Office may be reached by calling 0-000-000-0000 and asking for the Traffic Duty Officer. This office is open 24 hours a day, 7 days a week. Design approval of any shop drawing (e.g. steel erection procedures) does not constitute approval of a Special Hauling Permit. Notice of movement of any permitted oversized and/or overweight vehicle must be given at least 24 hours in advance of the scheduled move. Receipt of an Authority issued Special Hauling Permit does not constitute issuance of a permit for highways under NYSDOT or other jurisdictions, and vice versa.” 105-14 DISPUTED WORK AND DISPUTE RESOLUTION.

LOAD RESTRICTIONS. Add Page 87: ADD the following: “Only New York State legal loads are allowed on the Thruway. Special Hauling Permits, required for special or occasional overweight and/or oversize loads exceeding NYS legal limits, are issued at the discretion of the Authority and only under special conditions and for use at designated times and locations. Application should be made to the New York State Thruway Authority Special Hauling Unit, Albany Headquarters, (000) 000-0000 at least 72 hours in advance. The Special Hauling Unit will fax the Contractor a NYS Thruway Special Hauling Permit Application. The Contractor must complete the application and fax it to the Authority’s Special Hauling Unit at (000) 000-0000. The fax should include a cover sheet with the following information:  Contract Number  Award and Completion dates of the Contract  Thruway entry and exit points The Special Hauling Unit will review the information for accuracy. If the application is approved, the special hauling permit will be assigned a number and any applicable restrictions will be noted. The permit will be faxed to the Contractor along with a cover letter addressed to the attention of “Toll Personnel”. The cover letter must accompany the Special Hauling Permit when presented at the tollbooth by the Contractor’s driver. No fee will be charged to the Contractor. Any changes to the permit will require notification and approval of the local Division Traffic Office. This Office may be reached by calling 0-000-000-0000 and asking for the Traffic Duty Officer. This office is open 24 hours a day, 7 days a week. Design approval of any shop drawing (e.g. steel erection procedures) does not constitute approval of a Special Hauling Permit. Notice of movement of any permitted oversized and/or overweight vehicle must be given at least 24 hours in advance of the scheduled move. Receipt of an Authority issued Special Hauling Permit does not constitute issuance of a permit for highways under NYSDOT or other jurisdictions, and vice versa.” 105-14 DISPUTED WORK AND DISPUTE RESOLUTION. Page 88: Subsection B. Time Related Disputes; ADD the following to the end of the last paragraph: “Disputes regarding Contract Extensions of Time shall be directed to the Chief Engineer.” Page 89: Subsection D. Review Time Periods for Disputes; ADD the following to the end of the second paragraph: “Copies of this notice of dispute shall also be provided to the Director, Office of Construction Management and to the Office of the Chief Engineer.” Page 89: Subsection D. Review Time Periods for Disputes; DELETE Parts 1, 2 and 3 and SUBSTITUTE the following: “The Commissioner Review Stage of the Disputed Work Provisions, the administration of which has been delegated by the Thruway Authority Chairman to the Chief Engineer of the Thruway Authority, does not exist as a third chance to convince the NYSTA of the merits of the dispute; it is intended to provide a mechanism whereby work may continue under protest, the contract will be completed, and the Contractor’s claims will be properly qualified, quantified, and documented for a later resolution. These aims are accomplished as follows: an evaluation is made of the documentation submitted in the appeal; the work is directed to continue, either declaring the disputed work to be extra to the contract, or otherwise, fully defining the dispute and the documentation required criteria for possible settlement during the Contract Close Out Process or as a claim in accordance with law and the provisions of the Contract. The Commissioner Review Stage determination regarding Disputed Work is administratively binding but does not diminish the Contractor’s rights. Documentation presented at each Dispute stage must stand on its own merits. The process is self correcting, providing Contractors an opportunity to provide proofs or documentation noted as lacking in the prior stage for the subsequent stage. The Disputed Work process is not progressively administered, each stage is assumed to be complete. Therefore, an appeal of the denial of a prior stage would be expected to include a narrative explaining the dispute, documentation of timely notice and verified documentation of costs, and explanation as to why the prior denial may be in error or incomplete with new information validating the Contractor’s position in the dispute. Should a Contractor, who feels a Disputed Work determination is unsatisfactory or in error, locate additional factual information they believe would alter a prior Disputed Work determination, the Office of Construction Management may reopen the matter on its original basis and/or merit at any time prior to the completion of the Final Supplemental Agreement by the Engineer.” Page 89: Subsection D. Review Time Periods for Disputes; DELETE “Regional Director” wherever it appears and SUBSTITUTE “Thruway Division Director”. Page 90: Subsection E. Required Content of Dispute Submission, Part 2.b; DELETE “or a CPM specification, if applicable.” Page 92: Subsection H. Contract Closeout Process; DELETE this subsection in its entirety and SUBSTITUTE the following: