Construction Manual  

SECTION 105 - 2018 STANDARD SPECIFICATIONS

2018 STANDARD ROADWAY DRAWINGS

105-1 AUTHORITY OF THE ENGINEER

In accordance with  Article 101-3 of the Specifications, "Engineer" is defined as the chief engineer, acting directly or through his duly authorized representatives. "Authorized representatives" are all Department personnel involved in contract construction, performing their duties and responsibilities within the bounds as may have been delegated to them by their supervisors.

 

Each contract construction project is assigned to a Division Engineer who has the responsibility and is delegated the authority for the administration of the contract to the end that the Contractor performs the work in accordance with the terms of the contract. This responsibility and authority is subsequently delegated to an Engineer as is deemed necessary.

 

Division and Resident Engineers are delegated authority to approve extra work and the time extensions associated with extra work. See "Subcontracts" and "Supplemental Agreements and Requests for Construction Change" in the Records and Reports Section of this Manual for a detailed explanation of these authority levels.

 

Representatives of the Construction, Traffic, and Roadside Environmental Units are experts in their particular field and will periodically visit the projects in their area. They are available for consultation with construction issues and contract administration. In making these inspections, they may have recommendations for the Engineer and his inspection staff. The Area Representative does not take any authority or responsibility away from the Engineer for direct administration of the contract; however, the Area Construction Engineer has been delegated the authority to stop any or all work by issuing a written order should they determine that the Contractor is violating the terms of the contract requirements for safety or erosion control, and the Division's representative or the Contractor fails to take corrective action as suggested.

 

The Engineer is a representative of the State Highway Administrator by delegation from the Division Engineer. As such, it is the responsibility of the Engineer to see that the project is constructed in accordance with the terms of the contract and to administer assigned work in accordance with the terms of the contract.

 

The word "contract," as defined by Article 101-3 of the Specifications, includes the proposal form, the printed contract form and all attachments thereto, the contract bonds, the plans, the Standard Specifications and all Supplemental Specifications thereto, the Standard Special Provisions and Project Special Provisions contained in the proposal form, and all executed supplemental agreements. The Engineer shall carefully study all components of the contract and their relationship to actual field conditions. If he does not thoroughly understand any provision of the contract or if any provision of the contract appears to be in error, he shall request clarification from the Division Engineer. It is not possible for the Engineer to exercise the "authority of the Engineer" as set forth in Article 105-1 without being thoroughly familiar with the terms of the contract.

 

The Engineer has the authority to alter the terms of the contract through a supplemental agreement as previously noted. The Engineer, with appropriate consultation with the Division Engineer, has the authority to modify quantities, plan details, etc.; however, it is expected that before making significant modification to plan details, etc., appropriate consultation will be made with the Design Unit and others as may be appropriate. The Division Engineer shall consult with the State Construction Engineer when significant modification is made in quantities that significantly change the cost of the project or affect the design, i.e., change in undercut excavation, borrow, excavation, or subgrade stabilization. In most instances, project plans include designs and details of construction that were placed in the contract for specific reasons and they should not be altered without sufficient justification and review to determine that the integrity of our design has not been affected. This requires experience and technical knowledge in most instances and is not a responsibility to be taken lightly. The Area Construction Engineer is available to assist the Engineer if these instances arise.

 

As long as the Contractor's plan and method of operation are in accordance with the terms of the contract and the end product is as specified in the contract, the Engineer does not have the authority to require the Contractor to change his plan and/or method of operation. If, however, the Contractor's plan and/or method of operation or the end product are not in conformance with the terms of the contract, the Engineer does have the authority to instruct the Contractor to cease operations, either in part or whole, by written order. Refer to Article 108-7 of this Manual.

 

In exercising his authority, the Engineer must at all times refrain from being arbitrary in his decisions. His decisions must be based upon due deliberation and at all times within the framework of the contract.

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105-2 PLANS AND WORKING DRAWINGS

The Specifications and certain contract provisions require the Contractor to submit varying numbers and types of working drawings and submittals to supplement the plans. With the exception of certain structural items, these required submittals shall be submitted directly to the Engineer for his further handling. Upon receipt of a submittal, the Engineer shall stamp the date received on the cover letter and each part of the submittal. The Submittal Tracking Form shall then be attached to the submittal package. After performing an initial review of the submittal to ensure that it is complete, the Engineer shall fill in the following information on the Submittal Tracking Form:

 

The Engineer shall transmit the submittal package to the reviewing unit together with any pertinent comments. Upon receipt of the submittal package, the reviewing unit will fill in the appropriate dates in Part II of the Submittal Tracking Form.

 

For those submittals which are sent directly from the Contractor to the design unit, the reviewing unit will attach a Submittal Tracking Form. The reviewing unit should utilize the remarks section of the form to document any telephone conversations regarding the submittal. Dates when additional information is requested and received should also be documented in the remarks section. The reviewed submittal package will be transmitted to the Engineer with a copy of the memorandum to the Division Engineer. Upon receipt of the package, the Engineer will complete Part III of the Submittal Tracking Form, prepare a letter of transmittal to the Contractor, and attach the completed Submittal Tracking Form to the file copy of the letter.

 

The Structures Management Unit (SMU) and the Geotechnical Engineering Unit (GEU) allows contractors to submit specified working drawings directly for review and approval.  The process is outlined in the Project Special Provisions and is applicable for the specific sibmittals listed.  Submittals not specifically noted in the Project Special Provisions shall be submitted directly to the Resident Engineer.

 

When a contractor submits a working drawing directly to SMU or GEU, he should submit one copy, including attachments, to the Resident Engineer and submit the designated number of copies to the SMU and /or GEU for each specific submittal.  One copy of calculations should be sent to either SMU or GEU, unless both units require submittal copies.  The submittal contact and addresses for SMU and GEU are listed in the Project Special Provisions.

 

Submittals may also be made thorugh email and are encuraged to be submitted in this manner.  These contacts are also provided in the Project Special Provisions.

 

The status of the review for structure related submittals sent to SMU can be viewed on the Units's web site using the "Drawing Submittal Status and Design Notes"​ link. Questions concerning the status of the review, review comments or drawing mark-ups should be directed to the contacts listed in the Project Special Provisions.

 

The Resident Engineer will recieve the review comments and drawing mark-ups from both SMU and GEU.  The Resident Engineer  will be responsible to notify the Contractor for the submittal results.    

    

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105-3 CONFORMITY WITH PLANS AND SPECIFICATIONS

The Specifications provide that the Contractor shall perform the work contemplated within reasonably close conformity with the details shown on the plans or in the Specifications. It also provides, that in the event, the work is not found to be in reasonably close conformance with the requirements, the Engineer may either accept or reject the work depending upon whether, in the Engineer's judgment, the completed work will satisfactorily perform its intended function.

 

The decision to accept or reject the non-conforming work is made by the State Construction Engineer in order to have uniform application of this type of judgment. If accepted, the adjustment to be made in the contract price is determined by the State Construction Engineer. Others may be called upon to make appropriate recommendations.

 

This article of the Specifications does not require that a supplemental agreement be executed to affect a reduction in the contract price. The reduction will be made in the next partial payment estimate as a PAR in HiCAMS following the decision rendered by the State Construction Engineer.

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105-4 COORDINATION OF PLANS, SPECIFICATIONS, SUPPLEMENTAL SPECIFICATIONS, AND SPECIAL PROVISIONS

Refer to this section of the specifications​ for the hierarchy of contract documents. This article sets forth the hierarchy of contract documents.  The Engineer shall consult the Division Construction Engineer and/or the Area Construction Engineer if there is any question over what document governs work performed on the project.

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105-5 COOPERATION BY CONTRACTOR

This article sets forth the time limitations for the Contractor's notification to the Engineer as to when he proposes to begin work on the project, suspend work, and resume work. The Department should make every effort to accommodate the Contractor's plans to begin or resume work although the specified notice was not given. In the event the Contractor fails to follow these requirements, the Engineer shall bring this to the attention of the Contractor in writing, setting forth any delays that might have been caused by the Contractor's failure to follow the provision(s). Delays resulting from the Contractor's failure to provide the required notice is not considered justification for extension of the completion date.

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105-6 SUPERVISION BY CONTRACTOR

This article requires the Contractor to have a competent employee to manage and supervise the work on the project at all times work is being performed. This supervisor is to be an employee of the Contractor unless otherwise requested in writing and approved by the Engineer. The Engineer, Technician, and other Department representatives shall address this individual relative to any phase of the work. All instructions directed toward work being performed by subcontractors or employees of the Contractor shall be transmitted through the Contractor's delegated supervisor.

 

A problem in implementing the provisions of this article typically occurs when all or the major portion of current work is being performed by Subcontractors. At any time when the Contractor is not complying with this provision of the Specifications, the Engineer shall notify the Contractor, in writing, giving the Contractor reasonable notice to provide the required supervision. If the Contractor fails to provide the requested supervision within the time limit specified, the Engineer has the authority to suspend the work. Prior to issuing the suspension order, the Engineer shall consult the Division Engineer and/or Area Construction Engineer. See Article 108-7 of this Manual.

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105-7 COOPERATION BETWEEN CONTRACTORS

The Department has the right to let a project under more than one contract. Under these conditions, it is the Contractors' responsibility to cooperate with one another to the extent that each Contractor can proceed with his individual work without hindrance by the other. The Department is not liable for any damages caused one Contractor by another.

 

In this same connection, however, Article 105-1 of the Specifications does impose some responsibility upon the Department to take all reasonable steps to see that the Contractors cooperate with one another and that they properly coordinate their work. In the absence of a construction schedule in the contract, reasonable steps to be taken would include but not be limited to the following:

Note that in all items above, the Engineer should suggest changes in the Contractor's plan of operations and is not authorized to direct the Contractor's operations.

 

When a project is let under separate contracts and the contracts include a construction schedule, this article provides that the Contractors must complete the various phases within the time limits set forth in the construction schedule; except that, at the Contractor's option, they may submit a joint construction schedule for approval by the Engineer. Upon approval by the Engineer, the joint construction schedule supersedes that construction schedule in the original contract and the Contractors must complete the various phases within the time limits specified in the joint construction schedule. Since the original contracts will normally include an intermediate contract time for completion of portions of the work or an availability date for portions of the work, changes in the schedule may require the execution of a supplemental agreement to modify one or more of the contracts.

 

When the contracts do not contain intermediate contract times or a specified availability date for all or portions of the work that would be affected by the schedule changes, the following procedures should be used:

  

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105-8 COOPERATION WITH UTILITY OWNERS

Very few projects are constructed without conflict with some public or private utility. These utilities may consist of electric power, telephone, television, fiber optic, water, sewer, gas, oil, petroleum products, steam, railroads, or chemical lines. These utilities serve the public with necessities and conveniences in the same manner that a highway serves as a means of transportation. It is necessary that utility adjustments be handled expeditiously and with caution, safety, and a full knowledge of all conditions involved.

 

Utilities often need to be removed from highway right of way; however, the General Statutes require the Department to allow utility companies and municipalities to encroach on the highway right of way to construct and maintain their utility facilities either underground or overhead. See Article 107-5 of this Manual.

 

On upcoming and active construction projects, it is the responsibility of the State Utilities Manager to administer the adjustment and relocation of all utility conflicts. This responsibility includes determining utility right of way status; conducting on-site utility inspections; providing the company or municipality that owns the utility (hereinafter UTILITY) with appropriate highway plans; obtaining all necessary utility agreements, estimates and plans; coordinating activities with other units within the Department; obtaining necessary approvals of the Federal Highway Administration; and making proper authorization to the UTILITY for the adjustment and relocation of utilities to accommodate highway construction.

 

When the UTILITY is authorized to begin work, the Engineer will receive a copy of the authorization letter along with applicable copies of agreements, plans, and estimates. The Engineer should schedule a utility preconstruction conference to discuss the work and when the work will be commenced so that proper records can be maintained. Any work done by the UTILITY prior to authorization may be ineligible for reimbursement.

 

The approved Utility Relocation Agreement indicates whether utility relocations are to be made by the utility company's own forces, by continuing contract, by a contract let to bid, or a combination of these. If a Contractor for the UTILITY arrives on the project to perform relocations and the agreement indicates that the work will be performed only by the UTILITY’s forces, the State Utilities Manager should be notified immediately since all contract work must have prior approval by the Department. If any major changes are needed on the approved relocation plans, these changes need to be approved by the State Utilities Manager.

 

The Engineer shall be familiar with all utility relocation work being performed on the project and is to enter into the Weekly Project Report any delays to the Contractor due to utility work as such delays may be considered for the possible extension of the contract time.

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CONTRACTOR'S RESPONSIBILITIES

In accordance with this article of the Specifications, the Contractor is required to:

  

This article also provides that the Contractor will not receive any additional compensation for delays, inconveniences, or damages as might be caused by utility adjustments and/or construction except as provided for in Article 104-4. This provision, however, does not preclude payment for extra work as might be necessitated by utility work or extensions of the completion date(s) as may be allowed by Article 108-10.

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RESPONSIBILITY FOR RELOCATING UTILITIES

Relocation of conflicting utilities in a timely manner is necessary to minimize delays to construction and possible claims for additional compensation. To accomplish this goal requires all parties to understand and fulfill their responsibility in the relocation of utilities.

 

RESIDENT ENGINEER'S UTILITY RELOCATION PROCEDURE

UTILITY RELOCATION FLOWCHART

(90 weeks to 43 weeks prior to Letting Date)

Final Right of Way plans are completed and the Division Utility Engineer/Coordinator starts the process to clear any conflicts. The Division Utility Engineer/Coordinator meets on the project with all utility companies that have potential conflicts and they look at all areas that are potential conflicts with construction. The Division Utility Engineer/Coordinator will give the utility company a copy of the roadway plans so they can begin work on their Relocation Package.

(27 weeks to 22 weeks prior to Letting Date)

The Relocation Package is needed from the utility company. The Relocation Package consists of the following: (1) 3 sets of Relocation Plans, (2) Utility Relocation Agreements/Encroachment Agreements, (3) 2 itemized cost estimates, If the package is complete, then the authorization to relocate is approved in approximately 2 weeks. This authorization is still subject to right of way acquisition. The Division Utility Engineer/Coordinator is working with the Division Right of Way Agent to ensure all right of way is acquired before the authorization is sent to the Resident Engineer.

(22 weeks prior to Letting Date)

Utility plan data is sent to the Utilities Unit, and the Project Special Provisions are written concerning the utility relocations.

(14 weeks prior to Letting Date)

The Division Utility Engineer/Coordinator will contact the Resident Engineer to give an update concerning the utility conflicts and utility authorizations. If the utility company has been authorized to relocate, the Resident Engineer should communicate any problems or concerns for potential delays to the Division Utility Engineer/Coordinator. This will allow the Division Utility Engineer/Coordinatoradequate time to voice our concerns to the utility company to help avoid future delays to the Highway Contractor.

  

(8 weeks prior to Letting Date)

The Division Utility Engineer/Coordinator should review the progress of the utility relocations with the Utilities Unit. They will discuss if any time needs to be added to the Proposals to relocate utility conflicts during construction. Any decision to add time to the proposals will be based on the following: (1) utility impact to the project, (2) Authorization status for utility relocations, (3) Right of way issues, (4) Permits, (5) Resident Engineer’s recommendations, (6) Latest information from the Utility Company concerning construction schedules. This is a very critical date, and the Resident Engineer must have the latest information of what has been accomplished on the project. This is the final date that any time changes can be made in the Proposal concerning the utility relocations. 

In conclusion, it is fully the intent of the Department to clear utility conflicts by the contract availability date or as soon thereafter, as is practical, in order to complete projects in a timely manner and minimize the exposure to potential claims.

 

Upon receipt of utility data from the State Utilities Manager, the Engineer should study the proposed location or relocation of utility installations for possible conflict with plan grades, alignment, drainage construction details or other interference with planned construction, and should become familiar with all areas where moves must be coordinated with construction operations. It may be necessary upon request of the UTILITY to provide centerline stakes, right of way stakes, or in some instances, construction limits stakes for the UTILITY.

 

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NOTIFICATION OF WORK BEGUN

The Engineer is to notify the State Utilities Manager by letter of the date on which a UTILITY begins the actual work of removal or relocation and the date of completion. This notification is required for each UTILITY involved.

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PROJECT PRECONSTRUCTION CONFERENCE

After the award of the project construction contract, the Engineer establishes the date for a preconstruction conference to be held with the Contractor. The State Utility Manager The UTILITIES should be requested to have a qualified representative in attendance. On projects with "heavy" utility involvement, the Engineer may wish to conduct a separate utility preconstruction conference. When such conferences are held, a knowledgeable representative of the Contractor should also be present. The problems of the UTILITY in coordinating their work with the Contractor's proposed construction schedule should be thoroughly discussed and, if possible at this meeting, a satisfactory solution reached. If the project is of such magnitude and is located in a highly developed urban area or involves complex utility structures, additional conferences should be held with regularity until all the work is complete.

 

Several major items which should be discussed with the UTILITY representatives at the conference are:

  

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INSPECTION OF UTILITY WORK

It is the responsibility of the Engineer to assign one or more Technicians to observe and record the utility construction in progress. It is desirable that this Technician have some previous experience in inspecting similar utility construction. The Engineer should discuss the utility plans with the Technician and make him aware of any and all decisions about work sequences, etc., which may have been previously decided. The Technician is to see that the utility construction is done in accordance with the utility plans, and it is desirable that he keep an up-to-date set of project plans noting the final locations of utilities adjusted. This will eliminate a great amount of work in the preparation of the as-constructed plans. The Technician will also keep a daily Technician’s Diary of the work to be submitted and entered into the Engineer's Utility Diary.

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UTILITY DIARIES

The Engineer will keep a diary on all construction projects for each UTILITY making adjustments or relocations at the Department's expense. This may be a single diary incorporating the work performed by all UTILITIES or it may be a single diary for each UTILITY performing work, depending upon the complexity and volume of utility work to be performed. The Engineer is to be familiar with all utility and should enter into the project diary documentation of the UTILITY’s activities and any information relating to delays to the Contractor caused by such utilities, as such delays may be considered justification for an extension of the contract time. The approved Utility Relocation Agreements and/or plans will indicate what part of the work will be at the Department’s expense and what part of the work will be at the expense of the UTILITY. In the event this information is not clear, the Engineer should contact the State Utility Manager.

 

The diaries should start the day the UTILITY is authorized to begin work and entries made in the diary each day that the UTILITY performs work. The utility diary should be kept in the same manner as any other project diary consisting of dates, weather conditions, the company performing the work including any Contractors doing work for the UTILITY, the nature of the work, any field changes made and the authorization for the changes, any special instructions, any conditions which will tend to delay or effect the work, and any other information that is in direct relation to the reimbursable cost.

 

If the UTILITY is performing work with its own forces, then the diary should reflect information as to man hours and equipment hours of operation, material installed and/or removed, description of the operations, and salvage material when this information is available. At no time should the Engineer or his Technicians inquire as to wages paid to the UTILITY or Contractor employees.

 

If the work is being performed by the UTILITY's Contractor on a unit price basis, then the Engineer will record only units being removed and installed. Information on man hours and equipment is not necessary in this case since the Department will be billed on unit prices only. The UTILITY should notify the Engineer when work is to be performed that is not on a unit price basis.

 

If the approved Utility Relocation Agreement provides for a lump sum reimbursement, the Engineer will make entries in his diary in the same manner as for contract work by unit prices. Under this type of an agreement, the Engineer should ensure that the work is being performed in accordance with approved utility plans and should note any modification in the event there is a change in the Utility Relocation Agreement. Upon receipt of the UTILITY invoice, the Engineer is verifying that the work has been performed in accordance with the plans. The invoice amount will be verified by the State Utility Manager.

 

In keeping the utility diary, the Engineer is not expected to have a detailed account of all pieces of hardware that might be used; however, the diary is expected to show major components of material and have sufficient information to reasonably check the UTILITY'S invoice.

 

The utility diary or diaries are to be held by the Engineer for reconciliation with invoices submitted by the UTILITY upon completion of the work. When all the invoices have been submitted by the UTILITY and the approval for payment has been given by the Engineer, the utility diary or diaries are to be forwarded to the State Construction Engineer with the final estimate assembly.

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CHANGES IN UTILITY PLANS

There will be many instances where it will be necessary to modify utility installations from what is shown on the approved utility plans. If these changes are of a minor nature that will not adversely affect the construction project and will not appreciably change the cost of the relocation, then the Engineer may authorize such changes and make proper entries in his diary to reflect same. If there are changes in the scope of work, extra work, or major changes that will appreciably affect the approved agreement, plans, and estimates, then reimbursement will be limited to cost covered by a modification of the agreement or a written change or extra work order approved by the State Utility Manager and, where applicable, the Federal Highway Administration. When changes of this nature do occur, the Engineer should contact the State Utility Manager for handling. In emergency situations, modifications may be handled by telephone between the Engineer and the State Utility Manager and confirmed in writing.

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DELAYS BY UTILITY WORK

Since having all utility adjustments made as stated in the contract documents is the responsibility of the Department and since delays to the Contractor due to utilities not being cleared may in some cases be considered as the basis for additional compensation and/or an extension of the completion date, it is the duty of the Engineer to make every effort to expedite the removal or adjustment of the utilities at the earliest possible date.

 

On projects in highly developed areas, regular conferences held between the Engineer, the representatives of the UTILITY, and the Contractor are recommended.

 

If during the performance of the work on the project, the Engineer observes that progress on the utility work is not being carried out at a pace or at locations such that delays may be encountered in construction operations, he should immediately contact the UTILITY involved and request that alterations in schedules be made to clear the conflicting area. Should the UTILITY fail to cooperate with the Engineer’s request and a delay to the work is eminent, the Engineer shall notify the State Utility Manager giving full details on the conditions and requesting assistance in clearing the conflict at the earliest possible date.

 

If a delay in contract construction operations does occur, it is the duty of the Engineer to determine and properly document the beginning date of the conflict, to what extent the Contractor's operations are delayed (e.g. equipment, labor, etc., idle or moved to other work due to the conflict), actions taken to clear the conflict, and the date the Contractor is advised that operations can be resumed in the area. This information should be entered in the Engineer's project diary to document a recommendation for or against an extension of contract time.

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INSPECTION OF SALVAGE MATERIALS

Materials recovered on construction projects in suitable condition for reuse by the UTILITY are returned to stock and credited to the cost of the work. Materials recovered which are not considered to be suitable for reuse by the UTILITY are disposed of by sale or scrap.

 

Where materials are of a non-reusable nature, the Department shall have the right to inspect recovered materials prior to disposal by sale or scrap. This requirement will be satisfied by the UTILITY giving written notice or oral notice, with written confirmation, to the Department of the time and place the materials will be available for inspection. This notice is the responsibility of the UTILITY who may be held accountable for full value of materials disposed of without notice. It will be the responsibility of the Engineer and the Utility Agent to inspect this material at the time and place designated by the UTILITY and record in the utility diary the results of the inspection.

 

The Engineer shall record in his diary a listing of major components of the materials recovered which he has inspected including his findings as to such materials being unsuitable for reuse and whether the materials are to be disposed of by sale or scrap. If there are materials to be scrapped, which, in the opinion of the Engineer and the Utility Agent would have some resale value, the diary should contain this information and written notice should be given to the State Utility Manager.

 

The dollar value of the materials recovered and found to be unsuitable for reuse is negligible on many of the utility adjustments. There are adjustments where such materials represent considerable value; therefore, it is considered advisable to point out that the scope of the inspection and degree of documentation should be commensurate with the dollar value of the materials involved.

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UTILITY BILLS

A UTILITY may submit a progress or partial billing based upon the estimated percentage of the work performed, not to exceed 95% of the total estimated cost. When the UTILITY has completed all work for which reimbursement is to be made, the UTILITY will submit to the State Utility Manager a detailed invoice indicating the total cost of the work. This invoice is forwarded to the Engineer to be checked against the information contained in the utility diary. It is important that the diary contain sufficient information to reasonably verify the invoice items. If there are major items shown on the invoice which cannot be reasonably substantiated by the Engineer's records, he is to advise the State Utility Manager, in writing, of any discrepancies or known justification for discrepancies.

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105-9 CONSTRUCTION STAKES, LINES, AND GRADES

Unless otherwise required by the contract, construction stakeout shall be performed by the Department or its agent. It is the Department's policy that in roadway operations, the Department will establish clearing limits, profile grades, and set slope stakes, line and grade stakes for all drainage structures and ditches, subgrade, and/or finished grade blue-tops, and any other stakes considered necessary by the Engineer for the Contractor to satisfactorily complete the work.

 

In bridge and reinforced concrete box culvert operations, it is the Department's policy to establish all lines and grades necessary for the construction of the structure that requires the use of a surveying instrument to establish said lines and grades. It is the Contractor's responsibility to work from these established controls to perform all necessary layout of the structure. The Department shall not perform, supervise or direct the work of laying out form lines, establishing pile locations, etc., as this work is the responsibility of the Contractor.

 

It is the Contractor's responsibility to guard and preserve all controls established by the Department. If the Contractor fails to do this and said failure and negligence on the part of the Contractor results in their destruction, the Engineer shall so advise the Contractor in writing. If, after this written notification, the Contractor continues to destroy the controls, the Engineer shall advise the Contractor in writing that he is keeping cost records of replacement costs and that these costs shall be deducted from monies due the Contractor. Prior to the latter notification, the Engineer shall consult with the Division Construction Engineer.

 

Prior to beginning the stakeout of any phase of the work, the Engineer, Party Chief, and Contractor's supervisory personnel shall have a mutual understanding as to how the phase is to be staked. In particular, it shall be made clear to the Contractor as to the meaning and interpretation of said marks. These discussions with the Contractor's personnel shall be documented in the project diary.

 

It is absolutely necessary that the construction stakeout be coordinated with the Contractor's plan of operations. This requires a cooperative attitude on the part of both parties. Prior to or during the preconstruction conference, the Contractor should advise the Engineer as to his proposed sequence of operations. As the work progresses, the Contractor should advise the Engineer with adequate notice as to any changes that are to be made in the original plan. If the Engineer does not feel he is adequately advised as to the Contractor's plan of work, he shall write the Contractor requesting a written breakdown of the Contractor's planned operations by phases, locations, and times. With this information, the Engineer shall coordinate and plan the stakeout operations such that the Contractor's operations will not be delayed due to a lack of stakes.

 

It is suggested that only one designated representative of the Contractor, usually the Superintendent, be allowed to request stakes of highway personnel. This will assure that the Contractor is aware of all staking needs such that the most critical stakes can be placed first and will provide the Prime Contractor with a set method to coordinate various Subcontractor's staking needs. It is recommended that a “Staking Request Form” be given to the Contractor at the preconstruction conference. The Contractor should submit the forms indicating a staking sequence.

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105-10 AUTHORITY AND DUTIES OF THE TECHNICIAN

The Engineer shall delegate the authority to inspect all or any part of the work and any materials incorporated into the work. These individuals shall be made known to the Contractor's representatives by the Engineer such that there will be no misunderstanding as to the authority of the individuals. The purpose of this inspection is to provide documentary assurance that the work and materials are in conformance with the terms of the contract.

 

The Technician shall bring to the Contractor's immediate attention any work or material that is not in conformance with the contract provisions. If the Contractor fails to take corrective action, the Technician has the authority, if delegated by the Engineer, to stop the Contractor's operations by a written order. Such written order does not have to be in typed letter form but may be handwritten and delivered by hand to the Contractor's supervisory personnel. Such orders shall list the reasons for work stoppage. A copy of this order shall be retained by the Department’s representative. A blank sheet in the diary is an excellent place to write the order, so a copy will be retained by the Technician.

 

In the event a work stoppage order is issued by the Technician, he shall immediately contact the Engineer. The Engineer shall promptly make an on-site investigation and take such actions as are necessary.

 

The Technician does not have the authority to supervise or direct the Contractor's operations; in fact, he shall not do this. It is the Contractor's responsibility through his supervisory personnel assigned to the project to direct the operations of his forces. This is in accordance with Article 105-6 of the Specifications.

 

The Technician does not have the authority to operate the Contractor's equipment, set, move, or tamper with gauges, dials, feeds, and the like. In accordance with Article 108-5 of the Specifications, it is the Contractor's responsibility to furnish sufficient workmen, methods, and equipment to complete the work in accordance with the terms of the contract.

 

It is the responsibility of the Engineer to see that individual Technicians are thoroughly familiar with the contract requirements and certified for the various phases of work which they are called upon to inspect. He shall also make certain that each Technician fully understands his limits of responsibility and authority as may be delegated by the Engineer. As in all other organizations, Department inspection personnel have varying degrees of experience and qualifications. The Engineer must become knowledgeable of his Technician's abilities such that he may delegate authority to the Technician commensurate with his proficiency and knowledge of the contract provisions and construction procedures.

 

There shall be maintained on the project at all times a set of plans, copy of the Standard Specifications, and a bound copy of the contract including Project Special Provisions and Standard Special Provisions and Permits. It shall be the duty of all Technicians to study the contract requirements relating to the job they have been assigned and they must be familiar with all the details of the work to be done.

 

The Technician shall maintain all records and reports in accordance with the applicable provisions of this Manual.

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105-11 INSPECTION OF WORK

This article of the Specifications provides that Department representatives shall have access to all portions of the work. The Contractor shall allow and provide reasonable access to all parts of the work to the Department's representatives and the Contractor shall cooperate with the representatives making the inspection by providing such information and assistance as is necessary for a complete inspection. In no circumstance should the safety of the Department's representative be jeopardized when performing the inspection.

 

Having access to all parts of the work does not give the Engineer and/or Technician the right to interfere with the Contractor's operations. Occasionally, however, the Technician may have to stop the work for a sufficient length of time to sample, test, or check measurements. This should be done as expeditiously as possible.

 

If the Contractor does not allow access to the work and does not cooperate with Department representatives in making the inspection, the provision of this article of the Specifications must be brought to his attention. Continued failure to provide access and cooperation is grounds for suspending the work in accordance with Article 108-7 of the Specifications. Except in cases of emergency, suspension on these grounds shall not be invoked without first consulting with the Division Construction Engineer.

 

If the Technician has reasonable grounds to believe that any finished work is not of the quantity or quality required by the contract and if the Technician has been delegated the authority by the Engineer, he may require the Contractor to remove or uncover such portions of the finished work as may be suspected of being defective. When the suspect work is exposed, the Technician shall immediately investigate the conditions and take such samples and make such tests or visual observations as may be required to document whether the suspect work does conform to the requirements of the contract. The results of this investigation shall be covered in every detail by appropriate entries in the project diary. In any event, the work shall be restored in a manner such that the finished work does, in fact, comply with the requirements of the contract.

 

During the course of removing, uncovering, and restoring the work, cost records shall be maintained by the Contractor and the Technician. If it is determined the suspect work is not defective, payment will be made to the Contractor for all of the work involved in removing, uncovering, and restoring the work based upon the verified actual cost of performing the work. If it is determined the suspect work is defective, no additional compensation will be allowed the Contractor for removing, uncovering, or restoring the work.

 

It may well be that the final decision relative to payment for this work will not be made until after final acceptance of the project. Accordingly, it must be repeated that exceptionally detailed documentation of all circumstances surrounding the work must be maintained by project personnel.

 

This article also provides that representatives of other units of government or political subdivisions, paying a portion of the cost of the work, railroad corporations and utility owners shall have the right to inspect the work. Unless otherwise indicated in the contract, these representatives do not have the authority to issue instructions directly to the Contractor but must act through Department project personnel. It is the Department’s responsibility to cooperate fully, to the extent possible, under the terms of the contract, with these outside representatives.

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105-12 UNAUTHORIZED WORK

Unauthorized work may be generally defined as follows:

  

The Engineer should make every effort to prevent the performance of unauthorized work. This may be accomplished by (a) carefully coordinating the project stakeout with the Contractor's plan of operations, (b) making certain the Contractor thoroughly understands the marks and stakes by which the limits of the work are established, (c) making himself thoroughly familiar with the contract such that instructions given to the Contractor are at all times in accordance with the terms of the contract, and (d) promptly advising the Contractor, in writing, when unauthorized work is observed on the project.

 

In reference to Item (c) above, the Engineer should not knowingly instruct the Contractor to perform extra work without advising the Contractor that the work to be performed is, in fact, extra work. Guidelines for making this interpretation are contained in Article 104-7 of this Manual. On the other hand, however, failure on the part of the Engineer to so notify the Contractor does not relieve the Contractor of his responsibility to follow the procedures outlined in Article 104-7 of the Specifications nor does said failure on the part of the Engineer entitle the Contractor to additional compensation for the performance of unauthorized extra work.

 

Prior to invoking the sanctions provided in the Specifications, the Engineer should consult with the Division Construction Engineer. All circumstances surrounding the performance of unauthorized work shall be documented in the project diary. This article is not intended to be used in lieu of a temporary suspension of work order when the Engineer determines that a stop work order is prudent. See Article 108-7 for guidance in suspending work.

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105-13 LIMITATIONS OF OPERATIONS

To restrict the Contractor's operations is a very serious undertaking. Unless the restriction is strictly in accordance with the terms of the contract, the Department could become liable for payment of additional compensation and be obligated to extend the completion date. Accordingly, in all cases where the Engineer is considering restricting the Contractor's operations under this provision, he shall first consult with the Division Construction Engineer.

 

Normally, restrictions on the Contractor's operations will be listed in the Project Special Provisions in the form of phased construction. The Engineer shall always enforce these restrictions. Other causes for restriction will generally be limited to those instances where the Contractor's operations represent a hazard to the general public or impair the function of the facility being constructed where traffic is being maintained.

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105-14 NIGHT WORK

Today, much of the construction is being performed on roadways that are open to public traffic and the contract documents restrict the periods during which certain portions of the work may be performed or require the work to be performed at night and on weekends. The Contractor may be required to provide specified lighting or submit for approval the lighting he proposes to utilize for the night work. If the Contractor elects to perform night work, the Engineer has the authority to restrict those operations to those which are adequately lighted to provide for safe and proper construction and adequate inspection. The Engineer should investigate local noise ordinances to determine if night work is permitted. If night work is prohibited on a particular contract, it will be so stated in the contract Special Provision.

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105-15 RESTRICTION OF LOAD LIMITS

The implementation of the provisions of this article of the Specifications is primarily a function of the Division Engineer. Letters from the Contractor requesting an increase in posted load limits shall be addressed to the Engineer. The Engineer shall investigate the route(s) in question and forward the Contractor's request to the Division Engineer with appropriate recommendations. The Division Engineer and, if posted bridges are involved, the Bridge Maintenance Unit will determine whether or not the Contractor's request will be granted.

 

If it is deemed that the Contractor's request may be allowed, a written agreement shall be entered into setting forth all of the conditions listed in Article 105-15 of the Specifications. This agreement may be in the form of a letter from the Contractor to the Division Engineer and shall be accompanied by a satisfactory bond as required in Item C of this article. (Refer to Records and Reports for a sample copy of a Permit Bond and a Special ‘Light Traffic Roads’ Permit). When the agreement has been approved, the posted weight limits of the affected road and/or bridge will be removed and the maintenance and repair of the road and/or bridge become the responsibility of the Contractor. The Engineer shall advise the Contractor, in writing, of the effective date of the agreement. The agreement and bond will remain on file in the Division Office.

 

Upon completion of the hauling operation, the road and/or bridge shall be inspected by the Division Engineer or his delegated representative, Engineer, and/or the Bridge Maintenance Unit. The Engineer shall advise the Contractor, in writing, of any necessary repairs, giving the Contractor a reasonable length of time in which to make the repairs. If the repairs are not made or if the Contractor has not begun making the required repairs within the stipulated time, the Division Engineer may authorize the work to be performed by State forces. In this case, the Contractor shall be billed for all costs involved in making the repairs. Upon satisfactory restoration of the facility and receipt by the Division Engineer of any monies due the Department for work performed by State forces, the bond shall be returned to the Contractor.

 

If the Contractor’s hauling operations cause damage to existing facilities, the Division may elect to post a facility so that all loads on the facility are reduced.

 

This article of the Specifications also limits the Contractor's use of equipment on pavement, completed base course, and structures to that which complies with the statutory load limits. This provision shall not be altered without specific approval of the State Construction Engineer.

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105-16 FAILURE TO MAINTAIN THE PROJECT OR PERFORM EROSION CONTROL WORK

If the Contractor fails to perform required maintenance or erosion control operations and the Engineer has reason to believe that said failure will result in (a) an end product not meeting the requirements of the contract, (b) damage to adjacent property, (c) an unnecessary inconvenience to the traveling public, (d) conditions hazardous to the traveling public, or (e) a violation that may result in the issuance of an NOV, ICA, or C & D, the Engineer should take immediate steps to have this work performed.

 

The Contractor should be advised, in writing, of the work required, the necessity for such work, and the sanctions provided for by Article 105-16 of the Specifications. The Contractor should be given a reasonable time to begin and adequately pursue the required work. If the Contractor fails to begin the work within the time limit specified, the Engineer should, with the approval of the DivisionEngineer, take whatever steps are necessary and available to have the work performed by others. Any costs incurred by the Department for work performed by others as provided above in excess of the costs that would have been incurred had the work been performed by the Contractor will be deducted from monies due the Contractor on his contract.

 

This article of the Specifications places a responsibility both on the Contractor and the Engineer to have required maintenance work performed.

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105-17 INSPECTION AND ACCEPTANCE

The Chief Engineer has delegated the final inspection and acceptance responsibility to the Division Engineer on Purchase Order Projects, Division let contracts, and resurfacing projects with 100% State funds. The Area Construction Engineers will have this responsibility on all other projects. See Preconstruction Conference ​in the Records and Report Section of this Manual for more details.

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TWELVE MONTH GUARANTEE

Many contracts contain a Twelve Month Guarantee Provision which covers major components of work for which the Contractor is wholly responsible. See Twelve Month Guarantee in the Records and Reports Section of this Manual for more information.

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ADDITIONAL RESOURCES