Martin Marietta Materials, Inc. et al v. Kansas Department of Transportation et al

Filing 59

MEMORANDUM AND ORDER. The 22 Motion of defendants' for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c) is granted in part and denied in part; and the 31 Motion of plaintiffs' for leave to amend complaint pursuant to Fed. R. Civ. P. 15(a)(2) is granted in part and denied in part. Defendant KDOT is dismissed from all counts and leave to amend to include KDOT as a party defendant in any count is denied. See attached for more details. Signed by U.S. District Senior Judge Sam A. Crow on 5/21/2013. (Attachments: # 1 Appendix 1, # 2 Appendix 2, # 3 Appendix 3, # 4 Appendix 4, # 5 Appendix 5, # 6 Appendix 6.) (bmw)

101- DEFINITIONS AND TERMS

SUPPLIERS - An individual, partnership, corporation, other legal entity, or any combination thereof (joint venture)
from which the Contractor obtains commodities needed to fulfill the contract. Suppliers are not a party to the
contract between the Secretary and Contractor. However, the Contractor assumes liability for the suppliers as if the
Contractor were providing the commodities with its own forces. Thus, when the specifications refer to the word
“Contractor” but suppliers are providing the commodities the word “Contractor” includes the suppliers.
SURETY - An individual, partnership, corporation, or other legal entity (not the Contractor) executing a bond
provided by the Contractor. The Surety shall be licensed by the State of Kansas to do business in the State.
TRAFFIC CONTROL DEVICES - All items used to control the movement of traffic through work zones,
including safety barrels, barricades, fences, traffic signs, warning signs, striping, traffic lights, and traffic signals.
TRAVELED WAY - The portion of the roadway for the movement of vehicles, exclusive of shoulders and
auxiliary lanes. This may be 1 or multiple driving lanes in each direction.
UNRESTRICTED TRAFFIC – The affected lanes are open to unobstructed, continuous traffic flow with
temporary or permanent striping, temporary or permanent signing, and required safety features in place.
UTILITY or UTILITY OWNER - Electric, telephone, cable, water, gas, pipeline, or sewer service owned and
operated by a corporation or an LPA.
WORK - The providing of all labor, materials, equipment, and other incidentals necessary to complete the contract,
regardless of whether the Contractor, subcontractors at any tier, suppliers at any tier, or a combination thereof carry
out the contract obligations. In context, the term “work” may also refer to providing labor, materials, equipment,
and other incidentals necessary to complete a specific portion of the contract.
WORKING DAY - A working day shall be any day the Contractor is not restricted from prosecuting the CIOW
because of KDOT, LPA’s, or weather as further provided in subsection 108.5.
WORKING DRAWINGS - Stress sheets, shop drawings, erection plans, falsework plans, framework plans,
cofferdam plans, bending diagrams for reinforcing steel, other supplementary plans, or similar information that the
Contractor is required to submit to the Engineer for approval.

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