105CONTROL OF WORK

105.01 Authority of the Engineer. The Engineer will decide all

questions that may arise as to the quality and acce ptability of materials furnished and work performed and as to th e rate of progress of the work; all questions that may arise as to the interpretation of the plans and specifications; and all questions as to the acceptable fulfillment of the Contract by the C ontractor. The Engineer will have the authority to suspend the work wholly or in part due to the failure of the Contractor to correct conditions unsafe for the workers or the general public; for f ailure to carry out provisions of the Contract; for failure to carry ou t orders; for such periods as deemed necessary due to unsuitable weath er; for conditions considered unsuitable for the prosecutio n of the work; or for any other condition or reason deemed to be in t he public interest. Any unresolved disputes arising under the Contract shall be submitted by the Contractor in writing to the Depar tment's Resident Engineer. Disputes claiming additional compensatio n shall contain the information set forth in Subsection 105.18(a) a nd (b). The Resident Engineer shall render a written decision w ithin 60 calendar days of receipt of the Contractor’s letter and info rmation. Should a dispute not be resolved by the written dec ision of the Resident Engineer, subsequent appeal by the Contrac tor shall be submitted in writing within 60 calendar days of the decision of the Resident Engineer, and shall be addressed directly to the Chief Engineer. 51 The Chief Engineer shall render a decision on the m atter in writing to the Contractor within 60 calendar days a fter receipt of the Contractor's written request for dispute resolution . The ruling by the Chief Engineer shall be final and conclusive unless , within 180 calendar days from the date of issuance of the Chie f Engineer's decision, the Contractor files a claim with the Ark ansas State Claims Commission appealing the decision of the Chief Engi neer. In connection with any appeal proceeding under this cl ause, the Contractor shall be afforded an opportunity to be h eard and offer evidence in support of an appeal before the Arkansa s State Claims Commission, subject to the rules and regulations of the Claims Commission and Ark. Code Ann. § 19-10-302 which req uire pursuit and exhaustion of all remedies against responsible third parties and insurance coverages. Pending final decision of a d ispute hereunder, the Contractor shall proceed diligently with the pe rformance of the Contract and in accordance with the Chief Engineer' s decision.

105.02 Automatically Controlled Equipment . Whenever a

breakdown or malfunction of the automatic controls occurs on scales, scale printers, batch plants, or mixing pla nts, the equipment may be operated manually or by other methods for a period not to exceed two working days, provided that such alterna te methods of operation produce results otherwise meeting the spe cifications.

105.03 Plans and Working Drawings. Plans will show lines,

grades, details of all structures, typical cross se ctions of the roadway, and a summary of items appearing on the proposal. Work may be provided for on the plans that is not l ocated within the limits of the project as shown on the plan shee ts. Work of this nature may include but is not limited to removal of existing items, obliteration, grading, base and surfacing, transiti ons, etc., and is considered a part of the project. The plans will be supplemented by such working draw ings as are necessary to adequately control the work. Working drawings for structures shall be furnished by the Contractor and shall consist of such detailed plans as may be required to adequatel y control the work and are not included on the plans furnished by the Department. They shall include stress sheets, shop drawings, er ection plans, falsework plans, cofferdam plans, or any other supp lementary plans or similar data required of the Contractor. All wo rking drawings 52 shall be submitted to the Engineer for informationa l and record purposes or for approval as specified for the item of work involved. The Contractor should anticipate a review period of 15 - 30 calendar days from receipt by the Engineer of working drawin gs. Approval shall not relieve the Contractor of any responsibil ity under the Contract for the successful completion of the work. The Contract price shall include the cost of furnis hing all working drawings.

105.04 Conformity with Plans and Specifications. All work

performed and all materials furnished shall be in r easonably close conformity with the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the plans or indicated in the specifications. Unless otherwise specified, in the event the materi als or the finished product in which the materials are used is not within reasonably close conformity with the plans and spec ifications but reasonably acceptable work has been produced, the E ngineer shall then determine if the work shall be accepted and re main in place. In this event, the Engineer will document the basis of acceptance by change order that will provide for an appropriate a djustment in the contract cost for such work or materials as deemed necessary to conform to the determination based on engineering j udgement. In the event the materials or the finished product in which the materials are used or the work performed is found n ot to be in reasonably close conformity with the plans and spec ifications and have resulted in an inferior or unsatisfactory prod uct, the work or materials shall be removed and replaced or otherwis e corrected at no cost to the Department.

105.05 Coordination of Plans, Specifications, Suppl emental

Specifications, and Special Provisions. These specifications, the supplemental specifications, the plans, special pro visions, and all supplementary documents are essential parts of the Contract, and a requirement occurring in one is as binding as thoug h occurring in all. They are intended to be complementary and to descri be and provide for a complete work. In case of discrepancy: • Shown or computed dimensions will govern over scale d dimensions; 53 • Special provisions will govern over plans, suppleme ntal specifications, and standard specifications; • Plans will govern over supplemental specifications and standard specifications; • Supplemental specifications will govern over standa rd specifications. Neither the Contractor nor the Department shall tak e advantage of any apparent error or omission on the plans or in t he proposal, Contract, or specifications. The party discovering such error or omission shall notify the other party when the disc overy is made. The Engineer will then make such corrections and in terpretations as may be deemed necessary for fulfilling the intent o f the plans and specifications.

105.06 Cooperation by Contractor. The Contractor will be

supplied with a minimum of two sets of approved pla ns and Contracts, one set of which shall be kept available on the project at all times. The Contractor shall give the work the attention ne cessary to facilitate the progress thereof and shall cooperate fully with the Engineer, inspectors, and other Contractors. Failu re to cooperate may result in default according to Subsection 108.0 8. The Contractor shall furnish an agent who is a comp etent superintendent or supervisor who is on the project while work is being performed and accessible to the Engineer duri ng all hours of each workday. The agent shall be capable of readin g and fully understanding the plans and specifications and thor oughly experienced in the type of work being performed. Th e superintendent shall receive instructions from the Engineer and shall have full authority to execute orders or directions of the Engineer without delay and to promptly supply such materials , labor, equipment, tools, and incidentals as may be require d. Such superintendent shall be furnished regardless of the amount of work sublet.

105.07 Cooperation with Utilities. In general, the Contract will

indicate various utility items, certain of which ar e to be relocated or adjusted by the utility owner, and others that are to be relocated or adjusted by the Contractor. The Department will no tify all known utility companies, all known pipe line owners, or o ther known parties affected, and endeavor to have all necessar y adjustments of 54 the public or private utility fixtures, pipe lines, and other appurtenances within or adjacent to the limits of c onstruction made as soon as practicable. Water lines, gas lines, wire lines, service connect ions, water and gas meter boxes, water and gas valve boxes, light s tandards, cableways, signals, and all other utility appurtena nces within the limits of the proposed construction that are to be relocated or adjusted are to be moved by the owners, except as o therwise provided for in the Special Provisions or as noted on the plans. The Contractor shall consider in the bid all of the permanent and temporary utility facilities and appurtenances in t heir present, relocated, or proposed positions. No additional mo netary compensation will be allowed for any delays, inconv eniences, or damages sustained due to any interference from the utilities or appurtenances or from the operations of relocating them. Assessment of time charges shall be in accordance w ith Subsection 108.06.

105.08 Coordination and Cooperation Between Contrac tors.

The Department reserves the right at any time to co ntract for and perform other or additional work on or near the wor k covered by the Contract. When separate contracts are let adjacent to or with in the limits of any one project, the work of each Contractor shall be conducted so as not to interfere with or hinder the progress or completion of the work being performed by other Contractors. Contrac tors working on the same project shall cooperate with each other. It is understood and agreed that the Contractor con sidered, in the bid, the status of the existing Contract or Contrac ts at the time of bidding and will arrange to coordinate and schedule the work jointly with the other affected Contractors in order to com plete the work within the time allowed in the Contract. Contractors involved shall assume all liability, fi nancial or otherwise, in connection with their own Contracts a nd shall protect and save harmless the Department from any and all d amages or claims that may arise because of inconvenience, del ay, or loss experienced because of the presence and operations of other Contractors working within the limits of the same p roject. 55 Contractors shall arrange their work and shall plac e and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the s ame project, and shall join their work with that of the others in an acceptable manner, and shall perform it in proper sequence with that o f the others.

105.09 Construction Stakes, Lines, and Grades. When

Section 635, Roadway Construction Control, and/or S ection 636, Bridge Construction Control is not included in the Contract, the Engineer will set construction stakes establishing lines, slopes, and profile grade in road work, and line and grade for bridge work, culvert work, protective and accessory structures a nd appurtenances as may be deemed necessary, and will furnish the Co ntractor with all necessary information relating to lines, slopes, an d grades. The Department will be responsible for the accuracy of all stakes or marks set by the Department to establish the planne d lines, slopes, and grades. These stakes and marks shall constitut e the field control with which the Contractor shall be responsible for accurately establishing other necessary controls and performin g the work. The Contractor will be held responsible for the pre servation of all stakes and marks. If any of the construction stake s or marks are carelessly or willfully destroyed or disturbed by t he Contractor, the cost of replacing them will be deducted from the pa yment for the work. Before beginning work, the Contractor must be satis fied as to the correctness and meaning of all stakes, measurements , and marks. No claim will be entertained as a result of alleged inaccuracies unless the Contractor notifies the Engineer thereof in writing in time for the Engineer to verify or check such stakes or marks before the work is begun. All construction control markings made for layout w ork, placement of traffic control devices, spotting for placement of pavement markings, or for any other purposes on str uctures, curb and gutters, pavements, or any surfaces that will n ot either be removed or covered by succeeding pavement layers or other construction shall be made with non-permanent mater ials (chalk, keel, non-permanent paint, etc.). Failure to compl y with this requirement will result in removal of the markings by the Contractor at no expense to the Department. 56 105.10 Authority and Duties of Resident Engineer. As the direct representative of the Engineer, the Resident Engineer has immediate charge of the engineering details of each construction project; is responsible for the general administrat ion of the project; and has the authority to reject unacceptable materi al or work and to suspend any work that is being improperly performed .

105.11 Duties of the Resident Engineer's Personnel.

Inspection personnel will be authorized to inspect all work performed and all materials furnished. Such inspec tion may extend to all or any part of the work and to the preparati on, fabrication, or manufacture of the materials to be used. The inspe ction personnel will not be authorized to alter or waive the provis ions of the Contract and will not be authorized to issue instru ctions contrary to the plans and specifications, or to act as supervis or for the Contractor. The inspection personnel shall, howeve r, have the authority to reject work or materials until any que stions at issue can be referred to and decided by the Engineer.

105.12 Inspection of Work. The Engineer shall be allowed

access to all parts of the work and shall be furnis hed with such information and assistance by the Contractor as is necessary to make a complete and detailed inspection. When requested by the Engineer at any time before a cceptance of the work, the Contractor shall remove or uncover su ch portions of the finished work as may be directed. After examin ation, the Contractor shall restore said portions of the work to the standard required by the specifications. Should the work th us exposed or examined prove acceptable, the uncovering or removi ng and the replacing of the covering or making good of the par ts removed will be paid for as extra work. Should the work so expo sed or examined prove unacceptable, the uncovering or removing and the replacing of the covering or making good of the parts removed wi ll be at no cost to the Department. Any work performed or materials used without inspec tion by an authorized Department representative may be ordered removed and replaced at no cost to the Department. When any unit of government, political subdivision, railroad corporation, or other agency is to pay a portion of the cost of the work covered by the Contract, its respective repres entatives shall 57 have the right to inspect the work. Such inspectio n shall in no sense make any unit of government, political subdivision, railroad corporation, or other agency a party to the Contrac t, and shall in no way interfere with the rights of either party there under.

105.13 Removal of Unacceptable or Unauthorized Work . All

work that does not comply with the requirements of the Contract will be considered unacceptable, unless otherwise d etermined acceptable under the provisions of Subsection 105.0 4. Unacceptable work, whether the result of poor workm anship, use of unacceptable materials, damage through carelessn ess, negligence, or any other cause, found to exist before the final acceptance of the work, shall be removed and replaced in an acceptabl e manner at no cost to the Department. Unless otherwise provided, no work shall be done wi thout lines and grades having been established. Work performed contrary to any instructions of the Engineer; work performed be yond the lines shown on the plans or as established, except as her ein specified; or any extra work performed without authority will be considered as unauthorized and will not be paid for under the pro visions of the Contract. Work so performed may be ordered removed or replaced at no cost to the Department. Should the Contractor fail to comply with any order of the Engineer, the Engineer will have the authority to c ause unauthorized work to be removed and unacceptable work to be corr ected or removed and replaced and to deduct the costs from a ny moneys due or to become due the Contractor.

105.14 Load Restrictions. The Contractor shall comply with all

legal load restrictions in the hauling of materials on public roads being maintained for the traveling public. A speci al permit will not relieve the Contractor of liability for damage that may result from construction equipment operations. The operation o f equipment of such weight or so loaded as to cause damage to stru ctures or the roadway or to any other type of construction will n ot be permitted. The Contractor shall submit to the Engineer, for in formation and record purposes, an engineering analysis evaluating the structural adequacy of a bridge for any of the following to cr oss the structure or be placed on the structure: 58 (a) For bridges to be constructed as part of the Cont ract:

105.15 Maintenance During Construction. The Contractor

shall maintain the work during construction and unt il the project is accepted. This maintenance shall constitute contin uous and effective work prosecuted day by day, with adequate equipment and forces, to the end that the roadway or structures a re kept in satisfactory condition at all times. 60 In the case of a Contract for the placing of a cour se upon a course or subgrade previously constructed, the Contractor shall maintain the previous course or subgrade during all construction operations. The Contractor shall be responsible for the mainten ance of existing drainage ditches and channels within the r ight-of-way limits, including construction easements if any, fr om the date any work is begun on the project to the date of its fin al acceptance. This is not a requirement that the Contractor improve ex isting drainage ditches and channels, except as shown on the plans or as directed by the Engineer. The Contractor shall maintain the wa terways in such condition that damage to the work or to abutting pr operty will not result from the Contractor's operation. Obstructio n of natural flow in waterways by stockpiling or storing materials, o r by placement of equipment or supplies without provision for adequat e by-passing of such natural flow, will not be permitted. Collecti ons of sediment or debris that prohibits or inhibits normal function o f drainage facilities shall be removed promptly. All costs of maintenance work during construction a nd before the project is accepted will not be paid for separately , but full compensation therefor will be considered included i n the contract unit prices bid for the various items in the Contra ct.

105.16 Failure to Maintain Roadway or Structure. If the

Contractor, at any time, fails to comply with the p rovisions of subsection 105.15, the Engineer will immediately no tify the Contractor of such noncompliance. If the Contracto r fails to remedy unsatisfactory maintenance within 24 hours after re ceipt of such notice, the Engineer may immediately proceed to mai ntain the project and the entire cost of this maintenance wil l be deducted from moneys due or to become due the Contractor on the C ontract.

105.17 Acceptance. (a) Partial Acceptance. The Engineer may

accept units or substantially completed portions of a project when it is in the best interest of the Department. Partial acceptance will generally be made on stage construction projects wh ere the partial acceptance of a portion of the project will allow a n early issuance of a work order on a contract located within the limit s of the first contract. Such partial acceptance shall in no way void or alter any of the terms of the Contract. 61 Devices intended to be used for traffic safety and control, which are permanently installed in their final position a nd being used by the traveling public, will be accepted when install ed according to the plans and specifications before completion of the r emaining work on the project. Permanently installed items accepted on this basis are limited to guardrail, impact attenuation barriers, traffic signal items, signs, delineators, lighting, raised pavement marke rs, concrete barrier wall, concrete bridge parapet, bridge raili ngs, guard cable, crash cushions, permanent pavement markings, and fe nce. Any required performance tests and/or guarantees shall remain applicable. The Contractor shall erect these items in a logical sequence and time frame within the life of the project and any o f these items constructed prematurely will not be accepted until such time in the life of the project that the device becomes effecti ve for its intended use. Damage, theft, or vandalism to these items after ac ceptance will be repaired and/or replaced by the Department, or b y the Contractor at the applicable contract unit price. When the da mage to an item is such that only partial repair or replacement is req uired and the work is to be done by the Contractor, payment shall be m ade as provided in Subsection 109.04. Items damaged due to neglige nce of the Contractor shall be repaired and/or replaced at no cost to the Department. The Department reserves the sole right to seek any and all recovery of repair or replacement costs from those parties responsible for damage to permanently installed ite ms accepted according to this subsection.

105.18 Claims for Adjustment and Disputes. (a) General. If,

in any case, the Contractor deems that additional c ompensation is due for work or material not clearly covered in the Contract or not ordered by the Engineer as extra work, as defined i n Subsection 104.04, the Contractor shall notify the Engineer in writing of intention to make claim for such additio nal compensation before beginning the work on which the claim is bas ed. If such notification is not given and the Engineer is not a fforded proper time and facilities by the Contractor for keeping accura te account of the actual costs of the work, the Contractor hereby agr ees to waive any claim for such additional compensation. Such notic e by the Contractor and the fact that the Engineer has kept account of the cost of the work shall not in any way be construed as pr oving or substantiating the validity of the claim. If the c laim, after consideration by the Engineer, is found to be just and adequately supported, an adjustment will be made to the Contra ct. If the Contract does not contain a pay item for which the adjustment can be made, the adjustment will be made according to Subsection 109.04. Nothing in this subsection shall be construed as es tablishing any claim contrary to the terms of Subsection 104.02. All claims shall be in sufficient detail to enable the Engineer to determine the basis for entitlement and the costs i ncurred, excluding loss of anticipated profits, organization or overhe ad expenses not related directly to the project, or interest. The following information must accompany each claim:

105.19 Claims Limitations. The Contractor acknowledges and

agrees that in no event shall a claim be submitted to the Resident Engineer more than 180 calendar days after the rece ipt of the Final Estimate for the project and the Contractor acknowl edges and agrees that any claim submitted to the Department or befor e the Arkansas State Claims Commission later than 180 calendar day s from receipt of the Final Estimate shall be deemed waived by the Contractor.

CONTROL OF WORK in other states

• Alaska 105 · CONTROL OF WORK
• Alabama 105 · CONTROL OF WORK
• Colorado 105 · Control of Work
• Georgia 105 · Control of Work
• Idaho 105 · CONTROL OF WORK
• Illinois 105 · CONTROL OF WORK
• Indiana 105 · CONTROL OF WORK