SECTION 105 — CONTROL OF WORK
105.01 AUTHORITY OF THE ENGINEER—
The work will be subject at all times to the inspection of the Engineer or the Engineer's authorized assistants. Do not restrict or hinder this inspection.
To prevent disputes and litigation, the Engineer will:
determine the quantity of the kinds of work and the quality of material for which payment will be made under the contract;
determine the answer to questions in relation to the project and its construction; and
decide differences concerning the performance of the work covered by the contract.
All such determinations, decisions, directions, and explanations required to complete, explain, or make definite any provisions of these specifications and plans will be given promptly, in writing, to the Contractor.
When making a claim for additional compensation because of any ruling of the Engineer, submit notice of intent to claim to the District Engineer, in writing, within 10 days of the ruling, as a condition precedent to such claim.
The District Engineer will respond in writing. Rejection of the claim may be appealed to the Director, Bureau of Construction and Materials, for review by the Construction Claim Review Committee. Give notice of the appeal in writing to the Director within 10 days of the rejection by the District Engineer. The Committee, at its discretion, may conduct a claim review meeting also attended by representatives of the Contractor and the District. The Director will notify the Contractor in writing of the Committee's decision. The "date that the claim accrued", for purposes of filing claims before the Board of Claims, will be the date of the notification by the District Engineer that the claim has been rejected.
Present such claim(s) to the Board of Claims and to the Secretary of Transportation within 6 months from the date the claim accrued, as provided in 72 P.S. 4651.
(b) Authority to Suspend Work.
Work will be suspended, wholly or in part, for the following reasons:
failure to carry out orders;
failure to perform any provisions of the contract; or
unforeseen conditions not anticipated in estimating the contract time required for the completion of the work.
Written notification will be given of the action to be undertaken and the reason for the actions.
(c) Review and Acceptance.
Review and acceptance by the Department as specified, stated, or indicated in the contract will be made on the basis of limited, general inspections.
It is understood that, because of such limited reviews, ultimate responsibility for the satisfactory completion of the project, including but not limited to:
the quality of all materials;
the quality of all workmanship;
compliance with all terms of the contract;
sufficiency, correctness, and accuracy of all working or shop drawings; and
sufficiency of all quality control plans, rests solely with the Contractor. Notwithstanding review and/or acceptance save and hold harmless the Department from the consequences of all defective work as well as all defects, errors and omissions in the working or shop drawings, quality control plans, and plans of every other kind prepared by the Contractor.
—The following drawings, when applicable, are required to perform the work:
(a) Contract Drawings.
These drawings will be furnished. They show roadway lines, grades, and typical cross sections; location and design of structures; related construction features and details; and construction quantities. Keep one set of the drawings available on the project.
(b) Standard Drawings.
Prepare these drawings to supplement the plans. They include falsework drawings, field sketches, erection diagrams, erection stresses and loads, and other details, as necessary to construct the project. Submit two copies of the drawings to the Engineer, for review and acceptance, before beginning work on the item involved. All drawings for load-bearing falsework submissions are to be signed and sealed by a Professional Engineer, registered in the Commonwealth of Pennsylvania.
(d) Bridge Shop Drawings.
Prepare these drawings unless otherwise specified. Prepare drawings in pencil or ink on 22-inch by 36-inch acceptable drafting medium with a 1 1/2-inch margin on the left and 1/2-inch margins on the other three sides. Use at least size 140 (Leroy) lettering. Lettering may be by hand. Make details clear and uncluttered, suitable for microfilming. When complete, coat the drawings, with suitable antismear spray. Show county, route, SLD station, contract number, design drawing number, name of Contractor, and name of Fabricator. Show complete details, dimensions, material, camber diagrams, and welding details and sequences. Submit two sets of prints to the District Engineer, or to an agent designated by the District Engineer, for review and acceptance; for bridges carrying railroads, submit two additional sets. One set will be returned with corrections noted. Continue to resubmit until accepted. After acceptance, submit 8 sets of full-size final prints, or 6 sets of 1/2-size prints plus 2 sets of full-size prints (or more if directed). If the quality of the 1/2-size prints is unacceptable, furnish full size prints upon request and without delay, at no additional cost to the Department. After erection is complete, but prior to project completion, submit final tracings showing as-built conditions, or 2 copies of microfilm of the final tracings, to the District Engineer.
105.03 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS—
work within reasonably close conformity to the lines, grades, dimensions, and indicated details, and/or as specified.
(b) Determination by the Engineer.
Restricted Performance Specifications.
The Engineer will determine acceptability of material or construction. When material or construction is not within specification limits, acceptance will be as specified within the individual specification sections, except where test result variations are so great that the material or construction is unacceptable.
2. Other Than Restricted Performance Specifications.
For each individual case, the Engineer will determine the limits of reasonably close conformity; the judgment given will be final and conclusive.
If it is determined that material or the finished product in which the material was used is not within reasonably close conformity, but that reasonably acceptable work has been produced, the Engineer will then determine if the work will be accepted and remain in place. In this event, written documentation will be provided for acceptance by required contract modification, and/or to provide for an appropriate adjustment in the contract price for such work or material.
If it is determined that material or the finished product is not within reasonably close conformity and has resulted in an inferior or unsatisfactory product, remove or replace it.
Certification of Falsework Adequacy.
Have a Professional Engineer registered in the Commonwealth of Pennsylvania, certify that the falsework system has been assembled as shown on the Professional Engineer's signed and sealed falsework drawings prepared in accordance with Section 105.02(c). Submit the certification to the Engineer prior to placing loads on the falsework.
105.04 COORDINATION OF DRAWINGS AND SPECIFICATIONS
— Perform the work in accordance with the intent of the drawings and specifications. Do not take advantage of any error on/or omission in the drawings or discrepancy between the plans and specifications. In the event such an error, omission, or discrepancy is discovered, immediately notify the Department. Failure to notify the Department will constitute a waiver of all claims for misunderstandings, ambiguities, or any other reasons resulting from the errors, omissions, or discrepancies. When required, corrections and interpretations necessary for the fulfillment of the drawings and specifications will be made. Do not use scaled measurements where dimensions on the drawings are given or can be computed.
If any special provisions or information on the plans conflict with these specifications, the special provisions or information on the plans will govern. If any conflict exists between any portion of the plans designed specifically for this project and any portion of Standard Drawings, the former will govern.
When required, the District Engineer will determine and order, in writing, any modifications or changes in the plans, Standard Drawings, or specifications to update, adjust, accept, or complete the work contemplated by the contract as specified in Section 104.02. Wherever reference specifications or publications are specified, comply with the issue or edition (including interim AASHTO specifications and ASTM tentative designations) in effect on the date bids are opened, unless the date or year is indicated or specified. If there is a conflict between a cited title and a cited number, the title will take precedence over the section number.
105.05 RESPONSIBILITY OF CONTRACTOR—
Keep direct control of the contract and see that the work is properly supervised and is performed satisfactorily and efficiently. Supervise the work personally or appoint a competent superintendent or representative to be on the project at all times. Give this superintendent or representative the authority to receive orders and directions; to execute orders and directions without delay; and to make arrangements for all necessary material, equipment, and labor.
Keep on the project, at all times, a copy of the plans, a copy of the specifications, and a copy of the contract, and a copy of all subcontracts.
The Department is not responsible for the Contractor's satisfactory completion of the contract work as a consequence of the presence of Department representatives or inspectors and their inspection.
(b) Work By Others.
For work to be done without the supervision of the Department, investigate the work and anticipate its execution and completion. The Department will not be liable for failure to anticipate the time of performance and completion of such work, except in those cases where, upon timely request, the Department has agreed to cooperate.
(c) Gratuities and Penalties.
Do not give or offer, or allow agents, employees,
or representatives to give or offer, either directly or indirectly, money, property, entertainment, or other valuable things, to any employee or representative of the Department for any reason, purpose, or cause, or as an inducement, bribe, or reward for doing or omitting to do any act, or for showing any favor or disfavor in relation to any matter relating to the contract. Any such action will constitute a violation of the contract. Upon satisfactory proof to the Secretary of such violation, the Department may terminate performance of the work and take steps to complete the project, as specified in Section 108.08.
105.06 PUBLIC OR PRIVATE FACILITIES AND STRUCTURES ON THE PROJECT—
(a) Facilities and Structures Interfering with Contract Operations.
Investigate the location of public and private facilities and structures on, under, or over the project site and all waste and borrow areas not on the project site to determine whether such facilities and structures might or might not require placement, replacement, relocation, adjustment, or reconstruction and whether they might interfere with operations performed under this contract. The Department has indicated on the drawings such facilities and structures as have been brought to its attention, but such indications will not relieve the Contractor of any responsibility under this section. The Department is not responsible for the omission or failure to give notice of any other facility or structure on, under, or over the project or waste and borrow areas not on the project. It will be presumed that the bid was prepared and the contract signed by the Contractor with complete awareness of the conditions to be encountered and with acceptance of responsibility and risk relating to the effect that such facilities and structures might have on the performance of operations on this contract.
Upon execution of the contract, inform all public service companies, individuals, and others owning or controlling any facilities or structures within the limits of the project which may have to be relocated, adjusted, or reconstructed, of the plan of construction operations. Give due notice to the responsible party in sufficient time for that party to organize and perform such work in conjunction with or in advance of construction operations.
Make all necessary arrangements with the owners of facilities and structures on, under, or over the project site and all waste and borrow areas not on the project site for any placement, replacement, relocation, adjustment, or reconstruction of such facilities and structures that might be needed to perform work on this contract. Cooperate with the owners of facilities and structures. Arrange and perform contract work in and around such facilities and structures in order to assist the owners in their placement, replacement, relocation, adjustment, or reconstruction operations. Arrange and perform the work in accordance with recognized and accepted engineering and construction practices. As provided in Section 105.06 (b), the Engineer may assist in resolving any construction problems that arise. However, the Department does not assume responsibility for the work as a consequence of such cooperation.
Refer to the provisions of Act 287-1974, as amended by Act 172-1986, which specifics project responsibilities in regard to public health and safety during excavation and demolition operations in areas of underground utilities.
(b) Delays in the Performance of Work.
Expect delays in the performance of work under contract in order to permit public and private facilities and structures to be placed, replaced, relocated, adjusted, or reconstructed. In the event of such delays, the work under contract may be required to proceed for the convenience, facility and safety of the public. Do not hold the Department liable for charges or claims for additional compensation for any delays, hindrances, or interferences regardless of duration or extent, resulting from the failure of owners to place, replace, relocate, adjust, or reconstruct their facilities and structures within the time estimated by the Department.
Resolve all disputes or disagreements concerning placement, replacement, relocation, adjustment, or reconstruction of facilities and structures directly with the owners. Upon written request, the Department may, at its discretion, render assistance in resolving such disputes or disagreements. However, under no circumstances will such assistance be construed to relieve the Contractor of his responsibility to resolve conflicts with the owners. Do not hold the Department liable for charges or claims for additional compensation for any delays, hindrances, or interferences that arise from the dispute and its resolution. However, upon written request, the Department may grant an extension of contract time.
(c) Facilities and Structures Reset by Others.
When required, owners or lessees are to bring railway tracks to the established line and grade. Facilities or structures owned by others are to be reset or set by their owners, unless otherwise indicated. Check the line and grade before base or pavement is placed adjacent to or around such facilities or structures.
(d) Damage to Facilities and Structures.
Compensate the owner for all cost of repairing, replacing, or resetting any facility or structure damaged or disturbed by contract construction as provided in Section 107.12.
Coordinate with the railroad company to provide accepted measures for protection of railroad tracks and ballast from debris, silt, or other foreign matter.
Provide required means of protection, maintenance, cleaning, repair, and replacement of ballast. This work will be subject to the approval of the Railroad's Chief Engineer or authorized representative.
105.07 COOPERATION BETWEEN CONTRACTORS
—The Department reserves the right to contract for and perform other work on or near the work covered by the contract.
When separate contracts are awarded within the limits of, or adjacent to, any one project, conduct the work to avoid interfering with or hindering the progress or completion of the work being performed by other contractors. As directed, cooperate with contractors working on the same project. Satisfactorily join work with and in proper sequence with the work of others.
Assume all liability in connection with the contract. Protect and save harmless the Department 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.
105.08 ENGINEERING STAKES
—Control stakes will be furnished and placed, offset from the proposed roadway base line, and a grade sheet will be furnished showing the horizontal and vertical measurements from the stakes to the base line and grade of the roadway as planned, including adjusted alignment and grades, as directed, to meet conditions. Where the highway is to be constructed on a grade of more than 4%, an offset stake will be set on each side of each designated grade point. The stakes will be on a direct line through the grade point or base line, or otherwise, as may be required. Slope stakes will be placed adjacent to the top of cut and toe of embankment slopes where these points are more than 5 feet vertically above or below the finished grade line. Applicable base line, abutment, pier, sidewall, and wingwall stakes, together with offset, reference, and grade stakes for bridges, arches, slab and box culverts, including metal plate and pipe culverts and other special structures, will also be placed, as required, to facilitate and control the work.
Employ a surveyor or engineer, registered in the State, qualified in the use of plans, cross sections, and specifications, and to establish lines and grades, as may be required. Assume full responsibility for dimensions and elevations taken from the control stakes and the setting of lines and grades.
Furnish templates and other material and place additional stakes and markers necessary for control and guidance of construction operations. Also, furnish the inspector with any assistance required for checking lines, grades, and measurements established (other than by the Department) and necessary for the performance of the work. The Department does not assume responsibility for the performance of the work as a consequence of this checking.
Preserve survey points and stakes, as placed. If any of these surveying controls are disturbed or destroyed by construction operations, the cost to the Department for replacement will be charged against and deducted from money due or to become due.
105.09 AUTHORITY AND DUTIES OF INSPECTOR-IN-CHARGE
—The Inspector-in-Charge will have immediate responsibility for administering the performance of work on the project.
In case a dispute arises concerning material to be furnished or the manner of performing the work, the Inspector-in-Charge will have authority to reject material or suspend the work until the question at issue can be referred to and be decided by the Engineer. A rejection of material or suspension of work will be confirmed by written notice from the Engineer.
105.10 INSPECTION OF WORK
—The work will be subject to the inspection of the Engineer or authorized assistants. Provide them access to the work and furnish them with every reasonable facility for determining whether the work being performed or which has been completed is in accordance with the requirements of the plans, specifications, and contract, except as otherwise provided. Provide all labor and equipment necessary for such examination.
Should the work thus exposed or examined prove satisfactory, the uncovering or removing and restoring of the uncovered or removed work will be paid for, as specified in Section 110.03, except the incidental work for testing the depth of base and surface courses and pavement will not be paid for separately. Should the work exposed or examined prove defective or unsatisfactory, promptly uncover or remove and satisfactorily restore the defective or unsatisfactory work, at no expense to the Department.
When any unit of government or political subdivision, or any public or private corporation, is to pay a portion of the cost of the work covered by the contract, the respective representatives will have the right to inspect the work. Such inspection will not make any unit of government or political subdivision, or any public or private corporation, a party to this contract and will in no way interfere with the rights of either party to this contract.
105.11 DUTIES OF THE INSPECTOR
— Authorized inspectors, who perform their duties under the direction of the Engineer, will be assigned to the project.
Execute work under the observation and subject to examination of an inspector or inspectors; carry out such work during the normal working hours of the day, unless specifically directed otherwise. When work is performed during nighttime hours with permission, provide sufficient artificial lighting to assure proper inspection and workmanship.
The inspector is not authorized to do the following: revoke, alter, enlarge, relax, or release any requirements of the specifications; approve or accept any portion of the work; or issue instructions contrary to the plans and specifications.
The presence of the inspector during the performance of any work on the project will not relieve the Contractor of the responsibility for work that is later determined by the Engineer to be defective.
105.12 DEFECTIVE WORK AND MATERIAL
—When any work and/or material does not meet the requirements of the plans and specifications, or is not within reasonably close conformity as determined by the Engineer, such work and/or material will be declared defective.
Unless otherwise specified, remove and replace or repair, as directed, work damaged by any causes during construction, at no expense to the Department. This will include work damaged by weather or other natural causes.
105.13 MAINTENANCE OF PERFORMED WORK
—Maintain the performed work during construction and until the date of physical work completion, as specified in Section 110.08(a), at no additional cost to the Department.
Provide continuous and effective work with adequate equipment and forces to keep roadway or structures in satisfactory condition at all times.
In the case of a contract for the placing of a course upon a course or subgrade previously constructed, maintain the previous course or subgrade during construction operations.
If at any time, performed work is not maintained, the Department reserves the right to enter upon the project and perform such work considered necessary for traffic accommodation and to deduct the cost thereof from any money due or to become due.
105.14 BORROW AREAS AND WASTE AREAS—
(a) Non-Designated Areas.
Locate proposed areas for obtaining borrow material and/or areas for disposal of waste material, when required. Situate areas so cross sections may be taken by the Department to measure the volume of material removed or deposited. Before cross sectioning borrow areas, remove topsoil and stockpile it for replacement when removal of borrow material has been completed.
Review proposed areas with the Engineer for approval to negotiate a "Borrow and/or Waste Agreement". Obtain waterway, and/or other required permits as applicable. Prepare and submit an Erosion and Sediment Pollution Control Plan to the Conservation District for approval. Negotiate with the owner(s) of property to be obtained by using the Department's standard "Borrow and/or Waste Agreement", available from the District Engineer. This standard agreement may be modified to cover unusual or special conditions, provided such conditions are acceptable to the Department. Submit one copy of the executed agreement to the Engineer for review and acceptance. Do not proceed with work in the area until such review and acceptance is completed and until written notification of the acceptance is received. Also submit one copy of applicable permits and of the approved Erosion and Sedimentation Control Plan to the Engineer prior to starting work.
Have the agreement provide for cleaning and leaving the premises and area in a well-drained and, if required, smoothly graded condition, blending into the existing topography. Scarify, lime, fertilize, seed, and mulch any disturbed areas with material, and formulae, at rates typical for the project. When directed, satisfactorily remove and dispose of surplus material.
(b) Designated Areas.
If the Department has previously selected areas from which to obtain borrow or areas in which to deposit waste, the proposal will specify the location(s).
For such designated area(s), complete the standard agreement as specified above for Non-Designated Areas. The Department will provide all applicable permits and Erosion and Sediment Pollution Control Plans.
105.15 ARCHEOLOGICAL AND HISTORICAL FINDINGS
—In areas where remains of prehistoric people's dwelling sites or where artifacts of historical or archeological significance are encountered, discontinue construction operations in the general area. Contact will be made with the State Historical and Museum Commission to determine how to proceed. When directed, satisfactorily excavate the site to preserve the artifacts encountered, then remove them for delivery to the custody of the Pennsylvania Historical and Museum Commission. In the event construction operations are halted or delayed because of archeological or historic findings, appropriate adjustments will be made in the contract time as specified in Section 108.06. Such site excavation will be considered extra work as specified in Section 104.03.
105.16 COAL OR VALUABLE MINERAL FINDINGS
—If coal or other valuable minerals are uncovered, during prosecution of the work, that are not addressed by contract special provisions, store and handle the coal and other valuable minerals in accordance with the directions of the Engineer.
Do not claim or assume ownership rights.
If direction is given to handle and dispose of the material in a manner other than as unsuitable material, the contract time and contract price may be adjusted as described in Section 110.02.
Most Current Supplement
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