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DRAFT Road User Liquidated Damages Special Provision

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					                                 Road User Liquidated Damages
Provision Body

Instructions for usage: All entries in “bold italic” must be completed by the designer. The completed
provision should not contain any “bold italic” print. Extraneous information from subsections in “bold italic”
print may be removed. Except where indicated completed otherwise in the Provision Body, all sections
and subsections must remain and not be deleted because there are sectional references within the
provision.

    In accordance with Publication 408 Section 108.07(b), liquidated damages will be assessed as
    follows:

    Milestone Compliance

    Road User Liquidated Damages in the amount of $ Enter the Rate/day will be assessed for each
    day or portion of day that Enter the Structure/SR is not open to unrestricted traffic on all lanes on
    or after Enter the Date.

    Road User Liquidated Damages in the amount of $ Enter the Rate/day will be assessed for each
    day or portion of day that Enter the Structure/SR has not been placed into Traffic Control
    Phase/Stage Enter the Phase/Stage as designated in the approved Traffic Control Plan after Enter
    the Date.

    Detour

    Road User Liquidated Damages in the amount of $ Enter the Rate/day will be assessed for each
    day/or portion of day that the detour for SR Enter the SR is not removed and traffic is open to
    unrestricted traffic in all lanes on or after Enter the Date .

    Road User Liquidated Damages in the amount of $ Enter the Rate/day will be assessed for each
    day/or portion of day that the detour for SR Enter the SR is not removed and traffic is open to
    unrestricted traffic in all lanes Enter # of days calendar days from the date said detour was
    implemented.

    Event Restriction

    Road User Liquidated Damages in the amount of $ Enter the Rate/hour will be assessed for each
    hour or portion of hour that Enter the Structure/SR is not open to unrestricted traffic on all lanes
    after Enter the Start Time and/or before Enter the End Time between the dates of Enter the Date
    and Enter the Date.

    Weekend / Night Work Restriction

    Road User Liquidated Damages in the amount of $ Enter the Rate/hour will be assessed for each
    hour or portion of hour that Enter the Structure/SR is not open to unrestricted traffic on all lanes
    after Enter the Start Day/Date at Enter the Time AM/PM and/or before Enter the End Day/Date
    at Enter the Time AM/PM between the dates of Enter the Date and Enter the Date.
Unrestricted traffic is defined as opening the roadway/structure full width including shoulders and
ramps as approved by the Project Manager with no further need for traffic restrictive devices.

24 hours in advance of the substantial completion of portions of the work which control the
assessment of liquidated damages, notify the Project Manager so that a mutual inspection can be
performed. If the Project Manager determines that the work is completed satisfactorily, the travel
lanes will be opened to unrestricted traffic and no further liquidated damages will be assessed for
that portion of work.

Damage charges as outlined above will be assessed independent of and concurrent with, as
appropriate, Construction Liquidated Damages (CELD) as specified in Publication 408 Section
108.07(a).

Road Users Liquidated Damages as specified will be deducted from money due or to become due.

				
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posted:2/15/2012
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