for Highway Construction Page 35 of 715 SECTION 105 – CONTROL OF WORK
105.01 Authority of the Engineer and Suspension of Work .
The Engineer decides questions regarding the quantit y, quality, acceptability of materials provided and work performed, work progress, contract interpretation, and acceptabl e contract fulfillment. The Engineer may order the Contractor in writing to suspend, delay, or interrupt the work for a condition or reason considered to be in the Department’s best interest. The Engineer may also suspend the work, wholly or in part for the Contractor’s failure to:
1.Correct conditions unsafe for project personnel or the public.
2.Complete c ontract provisions.
3.Comply with the Engineer’s direction. During periods of suspensions, perform the following tasks:
1.Maintain traffic.
2.Prevent damage to the project.
3.Provide normal drainage.
4.Protect erodible surfaces using approved erosion and sediment control measures.
5.Prevent water pollution.
6.Prevent damage by sedimentary deposits .
7.Erect temporary facilities as directed.
8.Maintain and protect the condition of newly planted living material. If a suspension increases the cost and/or time required to perform the work, the Engineer will determine the responsibility for and impacts of the suspension as specified in 104.02.D.
105.02 Plans and Working Drawings.
The Engineer will provide the C ontractor with electronic plans and proposal sets. The plans show structures, detail and roadway lines , grades , and typical cross -sections. The plans also show structure design and location and a schedule of items. Supplement the plans with working drawings to adequately control the work. Working drawings include shop and erection drawings, associated trade literature, calculations, schedules, manuals, and similar documents to detail required work. Keep 1 plan set, including approved working drawings, available at the project site. Submittals must be in pdf format, unless otherwise specified. Submit working drawings, including demolition plans. Include on each drawing and calculation sheet the project name as specified , district, county, route, bridge drawing number, contract number, contract drawing number, and key number. Obtain working drawing approval before starting work represented on the working drawings. Working drawing approval does not waive or relieve the Contractor’s responsibility for working drawing accuracy, including details and dimensions. For structu res, submit working drawings that include the following: for Highway Construction Page 36 of 715 1. Stress sheets.
2.Shop drawings .
3.Erection plans .
4.Cofferdam plans.
5.Bending diagram s for reinforcing steel .
6.Demolition plans.
7.Other sup plementary plans or similar data, if required. For structures, the Engineer will require up to 30 calendar days from each submittal or resubmittal receipt for review and response to the Contractor. For other submittals and resubmittals, the Engineer will require up to 10 business days. Working drawing costs are included in the contract unit prices of the contract pay items covering the work reflected in the working drawings. Before project completion, submit record drawings for any permanent part of the completed structure, as specified in 677.
105.03 Conformity with Plans and Specifications .
Perform work and provide materials to meet the contract. If the Engineer determines the Contractor did not perform the work or provide materials as specified, the Engineer will decide on the acceptability of the work. If the En gineer accepts the work, the Engineer will document the basis of acceptance and adjust the contract price accordingly. The Engineer will use the schedule of price adjustments in the Department’s Laboratory Operations Manual for materials not meeting the specifications and when allowed to stay in place. If the Engineer does not accept the work, the Engineer will direct removal and replacement or repair of the work o r materials as specified in 105.12.
105.04 Coordination of Contract Documents.
The specifications, plans, special provisions, and supplementary documents are all essential parts of the contract . In cas e of discrepancy between contract documents, the discrepancy is resolved by following this order of precedence (i.e., 1 presiding over 2, 3, 4, 5, 6, and 7; 2 presiding over 3, 4, 5, 6, and 7; etc.):
1.Bid Schedule.
2.DBE Documentation
3.Special Provisions
4.Quality Assurance (QA) Special Provision
5.Plan Details
6.Plan Sheets
7.Quality Assurance (QA) Manual Supplementals (B uy America or otherwise)
8.Standard Supplementals for Highway Construction Page 37 of 715 9. Standard Specifications
10.Standard D rawings
11.QA Manual
12.Electronic Files (if specified as part of the contract ) Calculated dimensions govern over scaled dimensions. Immediately notify the Engineer of an apparent error or omission encountered in the contract documents. Do not take advantage of errors or omissions in the contract documents. The Engineer will determine if an error or omission exists, interpret and correct the error or omission to fulfill the intent of the contract documents, and det ermine if a contract revision is required as a result of the error or omission as specified in 104.02. If any discrepancies are found between the plans and the electronic files, the information in the plans presides over the electronic files.
105.05 Administrative Cooperation.
Give the attention necessary to promote work progress and cooperate with the Department inspectors and other contractors. Provide a superintendent to serve as the Contractor’s representative, who is capable of reading and understanding the contract documents, and have experience in the type of work being performed. The superintendent will cooperate and communicate with, and receive directions and instructions from the Engineer. Delegate authority to the superintendent to immediately execute the Engineer’s directions and instructions and to supply materials, equipment, tools, labor, and incidentals necessary to perform the work.
105.06 Cooperation Between Contractors .
Other work may be ongoing on or near the work covered by the contract. Cooperate with other contractors that are working within or adjacent to the project site. Do not interfere with or hinder work being performed by other contractors. Perform the work and place materials to avoid interference with other contractors’ operations. Properly perform, join, and sequence the work with other contractors. Each contractor involved will assume liability in connection with their contract, and will protect and save harmless the Department from damages or claims that arise because of inconvenience, delay, or loss from the presence and operations of other contractors working within or adjacent to the project si te.
105.07 Utility Facilities .
The plans or special provisions will identify the location of known utility facilities requiring removal, relocation, or adjustment. Before beginning construction, verify location of identified utilities at no additional cost to the Department. Immediately notify the Engineer on discovery of an unidentified utility facility that may require removal, relocation, or adjustment to continue the work. The Engineer will immediately notify the utility owner that an unidentified utility facility has been discovered. Coordinate the necessary utility facility removal, relocation, or adjustment with the utility owner. If the Engineer directs the Contractor to remove, relocate, or adjust the for Highway Construction Page 38 of 715 utility facility, the Department will consider this as extra work as specified in 104.02. If performed by others, the Contractor will not be responsible for the cost of the removal, relocation, or adjustment of the utility facility. For utility facilities identified in the contract , perform the following:
1.Coordinate the work with utility owner operations and provide sufficient time in the project sc hedule for utility operations.
2.Provide sufficient prior notification to utility owners of when they need to schedule and perform their operations.
3.Provide required notification to utility owners in accordance with 55- 22, Idaho Code. Do not interfere with or delay utility work being performed by utility owners or their authorized agents. The Contractor is liable to the utility owners for damage or service interference resulting from the Contractor’s operations as specified in 107.12. The Contractor is responsible for cost and time impacts caused by utility removals, relocations, or adjustments not required by the contract and made only for the Contractor’s benefit or convenience. If the Contractor believes a utility owner caused a delay, immediately notify the Engineer in writing, of t he location and circumstances as specified in 104.03. If the Engineer determines a utility owner delay occurred under the following conditions, the Engineer will issue a change order revising the contract as specified in 104.02:
1.The utility owner failed to remove, relocate, or adjust the facility within the time agreed to by the Contractor and utility owner.
2.The Contractor attempted to minimize the delay impact.
3.The Contractor showed the utility owner delayed the work. The Department will consider delays caused by the Contractor’s failure to communicate, coordinate, and schedule with utility owners or railroads as nonexcusable delays as specified in 108.07. The Contractor will request locations of buri ed utility facilities by contacting the appropriate locate entity.
1.For all counties, except Kootenai, Bonner, Boundary, Shoshone, and Benewah, contact Dig Line, Inc., phone 811, 1- 208-342-1585, or 1- 800-342-1585, digline@digline. com, or fax 1- 800-342- 1586.
2.For Kootenai County, contact the Kootenai County Utilities Council at 1- 800-428-4950 or https://kootenaicounty811.com or by dialing 811.
3.For Bonner, Boundary, Shoshone, and Benewah Counties, contact Pass Word, Inc. at 866- 242- 5844 or https://nid811.com or by dialing 811.
a.Bonner & Boundary County alternate phone number 800- 626-4950. The Contractor must notify the utility companies in the project site before digging. Buried utility facilities (e.g., traffic signals, illumination, traffic recording sites, weather monitoring sites, video detection systems, electronic message signs) owned by the state of Idaho could be located within the project site and may or may not be shown. For location requests, contact the district traffic signal electrician. Contact the appropriate utility company and arrange the initial utility hook up, when utility service (e.g., electrical, pho ne, water) for highway components (e.g., luminaries, signals, ITS) is required. Supply utility for Highway Construction Page 39 of 715 service promptly to allow for testing of highway components. Pay any fees charged by the utility company and provide the Engineer acceptable proof of payment for reimbursement.
105.08 Construction Stakes, Lines, and Grades .
The Department will provide initial surveying, unless the contract requires the Contractor to provide surv eying services. The Engineer will set or provide the following:
1.Construction stakes to establish lines, slopes, and continuous grade for road work.
2.Roadway centerline and benchmarks for bridge work.
3.Structure centerline and benchmarks for culverts and other structures .
4.Additional information on lines, slopes, and grades to allow the Contractor to establish other necessary controls required to perform the work. The Engineer will not provide additional stakes or marks. The Engineer may spot check the lines and elevations established by the Contractor. Spot checks do not relieve the Contractor of the following responsibilities:
1.Performing normal checking and testing as required by the contract .
2.Producing work that meets the contract. The Contractor is responsible for correcting their surveying errors and work resulting from the error at no additional cost to the Department. Preserve construction stakes and benchmarks and replace stakes or benchmarks destroyed or disturbed by the Contractor at no additional cost to the Department. The Department will be responsible for the accuracy of survey work performed by the Department and information provided by the Engineer. The Contractor will be responsible for controls provided and work performed by the Contractor. The Department assumes no responsibility for staking delays, unless the Engineer is notified 10 calendar days before the Contractor begins work on an item and 72 hours before, if stakes are subsequently needed.
105.09 Authority of the Engineer .
As the authorized representative of the Engineer and under the direction of the District Engineer, the Resident Engineer has immediate charge of the engineering details of the work and has direct supervision of contract administration.
105.10 Duties of the Inspector .
Inspectors authorized by the Department will inspect the Contractor’s completed work and the preparation, fabrication, o r manufacture of the materials. Inspectors will not alter or waive the contract , issue instructions contrary to the contract, or direct the Contractor’s work. Inspectors may reject work or material and will refer disputes to the Engineer. for Highway Construction Page 40 of 715 105.11 Inspection of Work . The Engineer may inspect the Contractor’s work and materials. Allow the Engineer access to the work and provide information and cooperation for inspection. The Engineer’s inspections will not relieve the Contractor from the responsibility for providing quality control to ensure the work meets the contract . The Engineer may reject defects when discovered. The lack of discovery of a rejected defect before this decision will not prevent this decision nor obligate the Department to accept. The Engineer may direct the Contractor to remove work to access other portions of the work for inspection . After inspection, restore the removed work as specified. If the Engineer determines the inspected work is acceptable, the Department will pay for the restored work as extra work as specified in 104.02. If the Engineer determines the inspected work is unacceptable, proceed as specified in 105.12 and restore the removed work to the standard required by the contract at no additional cost to the Department. When a government agency, utility, or railroad company is to accept or pay a portion of the contract cost, that organization’s representatives may inspect the work. Inspections by organizations do not make them a party to the contract and do not interfere with the Department or the Contractor’s rights to the contract. All emplo yees needing access to railroad company property must hold a current certification of safety training as required by the railroad company. Visit https://contractororientation.com or https://railsafetraining.com to access training courses. T raining fees are incidental to mobilization. The Contractor must apply, obtain and coordinate with the railroad company to obtain Right -of-Entry and/or a temporary construction easement, as appropriate.
105.12 Unacceptable and Unauthorized Work .
Except as otherwise specified in 105.03, the Contractor is responsible for removing and replacing or repairing unacceptable work at no additional cost to the Department. The Department will not pay for unauthorized work , and the Engineer may direct the Contractor to remove and replace the unauthorized work at no additional cost to the Department. The Department defines unauthorized work as any of the following:
1.Work performed contrary to the Engineer’s instructions.
2.Work performed beyond the lines shown in the plans.
3.Extra work performed without the Engineer’s authorization. If the Contractor does not comply with the Engineer’s instructions, the Engineer may direct others to remove and replace or repair unacceptable or unauthorized work, and deduct the cost of this work from monies due or become due to the Contractor.
105.13 Load Regulations .
Observe legal load regulations if hauling materials on public roads. The Engineer will not allow the Contractor to operate equipment that will damage structures, roadway, or completed work. Do not exceed legal load limits on structures, subbase, base, and pavement , unless otherwise approved in writing. for Highway Construction Page 41 of 715 105.14 Maintenance During Construction.
A.General. The Department does not consider snow removal part of the maintenance work covered in this section and will provide snow removal for the traveled way. Provide a safe, smooth surface usable by snow removal equipment. Do not interfere with snow removal operations.
B.Maintenance of Work. Until the Department accepts a portion of or all of the work as specified in 105.15, continuously maintain the work as specified in the contract . Maintain previously constructed work, when the contract involves placing material on, or the use of a previously constructed subgrade, base course , pavement, or structure. If the Contractor does not correct unsatisfactory maintenance as directed, the Engineer may direct others to maintain the work and will deduct the cost of the maintenance work by others from monies due or become due to the Contractor. The cost of maintaining work in place is included in the contract unit price of the contract pay items covering the work being maintained.
C.Maintenance of Public Haul Roads . The Contractor is responsible for any damage to public highways and streets resulting from hauling on public haul roads at no additional cost to the Department. Use water to abate accumulated dust on public highways and streets resulting from hauling, as directed. The Department will measure and pay for dust abatement as specified in 205.04 and 205.05, respectively, or if the contract does not specify a dust abatement contract pay item, as extra work as specified in 104.02. The Engineer will measure acceptable soft spot repair by contingency amount.
D.Maintenance of Traffic. Maintain the road for use by traffic and minimize traffic delays during roadway construction, unless otherwise directed. Before starting the work, provide a temporary traffic control plan for approval. Include the following information:
1.Construction phasing and work areas.
2.Phasing and sequencing for implementing the temporary traffic control plan and transitioning between phases.
3.Proposed detours .
4.Emergency vehicle and school bus route ac commodations.
5.Pedestrian and bicycle accommodations.
6.Plan for preserving access to cross streets and approaches.
7.Temporary traffic control devices . Submit changes to the approved temporary traffic control plan for approval. Allow at least 2 business days for review and approval. for Highway Construction Page 42 of 715 Provide and maintain access to cross streets and approaches at no additional cost to the Department.
E.Maintenance of Temporary Detours. If approved in writing, the Contractor may reroute traffic over detours constructed and maintained at no additional cost to the Department instead of maintaining traffic through the project site. The Department will not pay for quantities that exceed the estimated quantities provided by the Department on the bid schedule for traffic control devices, flagging, and pilot cars used to maintain traffic on approved temporary detours. Use water to abate accumulated dust on public highways and streets resulting from hauling, as direc ted. The Department will measure and pay for dust abatement as specified in 205.04 and 205.05, respectively, or if the contract does not specify a dust abatement contract pay item, as extra work as specified in 104.02.
F.Protection of Existing Utilities. The Contractor will comply with all applicable federal, state , and local laws reg arding the protection of existing utilities and other underground structures unless otherwise specified. Damage to utilities will be repaired at no additional cost to the Department.
G.Postal Delivery. Coordinate with property owner s and ensure U.S. mail delivery to area residents remains in service during the work. If necessary, the Contractor will provide temporary mailboxes until the permanent mailboxes are reset. Temporarily relocating mailboxes, providing temporary mailboxes, and coordinating U.S. Mail delivery is incidental . The Contractor will b e required to work with the local U.S. Postmaster to determine their requirements.
H.Property Owner Coordination. Provide reasonable access to adjacent property owne rs throughout the duration of the work with only temporary closures during paving or earthwork directly in front of driveway entrances or when driveway improvements are under construction. Coordinate with property owners when construction of the roadway or driveway will impact their access.
105.15 Acceptance.
Before the Engineer declares all or a portion of the work complete, clear the project areas and applicable authorized areas outside of the project site, except established commercial sites, of waste, excess material, temporary structures, and equipment. Leave the work in an acceptable conditi on.
A.Partial Acceptance. After completing a portion of the work (e.g., a structure, a section of road), the Contractor may submit a written request to the Engineer for final inspection of that portion . For a portion of the work to receive partial acceptance , it must be able to be open to the traveling public with no restrictions. After inspection, if the Engineer determines the Contractor completed the portion of work as specified in the contract, the Engineer will consider this a final inspection for that portion. The Engineer will deem that portion of the work completed by written notificati on to the Contractor and relieve the Contractor of work responsibilities for that portion. If the inspection discloses work not completed as specified in the contract , the Engineer will give written notice to the Contractor of the noncompliant work found. The Engineer will not declare that portion complete until the Contractor addresses the noncompliant work to the Engineer’s satisfaction to obtain declaration of completion. for Highway Construction Page 43 of 715 If, after partial completion, the Contractor or its subcontractor damages the work, the Contractor will repair or replace the damaged work, as specified in the contract, to the Engineer’s satisfaction at no additional cost to the Department. Partial acceptance occurs aft er the Contractor executes and submits all documents, certificates, and proofs of compliance for that portion. When the Contractor submits and the Engineer accepts required documentation, the Engineer will make the partial acceptance for that portion and notify the Contractor in writing. A partial completion and acceptance decision does not void or alter the terms of the contract .
B.Final Acceptance . After completing the required work, provide a written notice of completion to the Engineer and the Engineer will inspect the work. If the Engineer determines the Contractor completed the work as specified in the contract , the Engineer will deem the contract compl ete by writ ten notification to the Contractor, and relieve the Contractor of all contract responsibilities. If the inspection discloses work not completed as specified in the contract, the Engineer w ill give wr itten notice to the Contractor of the noncompliant work found in the inspection. The Engineer will not declare the contract complete until the Contractor addresses the noncompliant work to the Engineer’s satisfaction to obtain declaration of com pletion. Final acceptance occurs after the Contractor executes and submits all documents, certificates, and proofs of compliance.
105.16 Administrative Resolution Process for Claims.
The Department and the C ontractor will seek to avoid or promptly resolve claims related to the contract or performance of the work. The District Engineer maintains authority for the contract as specified in 105.09; all other notice and coordination of work obligations remain in effect. The Department and the Contractor will follow the administrative resolution process defined in this section to resolve all claims that arise out of the contract or the performance of the work, unless the contrac t specifica lly allows the use of an alternate resolution process in accordance with 105.19 to assist the administrative resolution process. If the Contractor does not follow the claim procedures as specified in this section , the Contractor will wai ve its right to pursue the claim under the contract . The Contractor bears the burden of proving entitlement, damages (quantum), and causation related to its claim. The Contractor’s burden includes providing all supporting documentation. At the request of the Department or if determined to be necessary by the Contractor, the Contractor may supplement the information provided to the Department at the District Engineer level of review as specified in 105.16.A. In such event, additional claim r eview time may be required for the District Engineer level of review. The Contractor will continue to perform the work during review of its claim (s). The Department and the Contractor may mutually agree to extend any time requirement related to the administrative resolution process. At any time during the administrative resolution process, the Department and the Contractor may mutually agree to obtain technical analysis support from a technical expert as specified in 105.17. The Contractor must exhaust all steps in this administrative resolution process before commencing litigation as specified in 105.18. for Highway Construction Page 44 of 715 A. District Engineer Level of Review. If a claim arises out of the contract or the performance of the work, the Contractor will immediately provide a signed written notice of intent to file a contract claim. To preserve the right to pursue a claim in accordance with the contract, t he Contractor will perform the following:
1.Provide timely notice of intent to file a c laim to the District Engineer.
2.Allow the Department to examine the project site.
3.Provide the District Engineer with daily records and other pertinent supporting documentation to demonstrate damages and actual costs incurred performing the disputed work.
4.Allow the Department to review all of the Contractor’s contract records relevant to the claim. The Contractor will submit unrelated claims separ ately. The Contractor will supplement the written notice of intent to claim within 15 calendar days with a written statement provided to the District Engineer that contains the following:
1.Date of the dispute giving rise to the claim.
2.Nature and circumstances causing the claim.
3.Contract provisions that support the claim.
4.Estimated cost of the claim and supporting calculations.
5.An analysis of the project schedule showing schedule changes, disruptions, a nd delays. If the circumstances causing the claim continue, provide the District Engineer with timely updates that supplement the above information. Submit to the District Engineer full and final documentation to support the claim within 60 calendar days following the date the claim has fully matured. A claim fully matures when all the direct damages (i.e., money and/or time) resulting from the dispute can be reasonably quantified. Impact damages may be submitted later as separate claims. The possibility of impact damages will not delay the submittal of full and final documentation of claims with direct damages. The Contractor will include the following information in the full and final documentation to support the claim:
1.A factual narration of events that detail the nature and circumstances causing the claim, including dates, locations, and the items of work affected by the claim.
2.Specific provisions of the contract or laws supporting the claim and a statement explaining how these provisions support the claim.
3.Identification and copies of all document s and oral communication that support the claim.
4.Reference to standard industry manuals that pertain to the claim.
5.Any other known information, arguments, and dat a relevant to the claim. For time extension requests, the Contractor w ill provide the following:
1.Specific days or events that justify the request.
2.Reasons supporting the request.
3.Contract provisions supporting the request. for Highway Construction Page 45 of 715 4. Detailed analysis of the Contractor’s project schedule supporting the request in accordance with 108.07. For additional compensation requests, identify the amount and provide justification in the following categories:
1.Labor, including a list of individuals, classifications, and hours worked.
2.Materi al, including invoices and purchase orders.
3.Equipment, including a detailed description and the hours and dates operated. Use equipment rates in accordance with 109.03.
4.Field office overhead.
5.Home office overhead (general and administrative), if a pplicable.
6.Other categories as necessary or as requested by the Department. Provide a signed and notarized statement that contains the following certification : Under penalty of law for perjury or falsification, the undersigned, her eby certifies that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for whi ch the Contractor believes the Department is liable; and that I am duly authorized to certify the claim on behalf of the Contractor. During performance of the disputed work, the Contractor will keep complete records of extra costs and time incurred. Provid e copies of these records to the District Engineer during performance of the disputed work (daily if necessary) so that they can be verified concurr ently. After the Contractor provides a complete claim submittal , the District Engineer will review the claim submittal and issue a written letter of determination to the Contractor within:
1.Sixty (60) calendar days from the date the Dis trict Engineer receives the complete claim submittal if the claim amount is less than or e qual to $100,000.
2.Ninety (90) calendar days from the date the District Engineer receives the complete claim submittal if the cl aim amount is greater than $100,000. The District Engineer’s time to issue a written letter of determination may be extended if the District Engineer and the Contractor mutually agree that additional time is necessary to obtain full documentation and information from the Contractor and/or to further review the claim. In the event additional documentation is needed, the District Engineer and the Contractor acknowledge that failure to extend the time may lead to a claim denial based on insufficient documentat ion. At the District Engineer’s discretion or upon timely request by the Contractor, the District Engineer a nd the Contractor will meet to discuss the claim, ask and respond to questions, and suggest possible resolutions. If the District Engineer does not provide a written decision within the specified time, the Contractor will consider no response as a claim denial decision. If the District Engineer decides a contract revision is justified, a change order will be issued in as specified in
104.02 If the Contractor disagrees with the decision, the Contractor may appeal the claim as specified in
105.16 B.
for Highway Construction Page 46 of 715 The District Engineer’s decision will be final unless the Contractor submits a written appeal and a copy of the complete claim submittal to the Chief Engineer within 30 calen dar days of the District Engineer’s decision. The District Engineer will compile and keep an administrative record of the claim review during the District Engineer level of review.
B.Chief Engineer Level of Review. The Chief Engineer will provide written acknowledgment of the Contractor’s appeal. The Chief Engineer will review the claim submittal and schedule a Chief Engineer claim review meeting within 60 calendar days after the date the Chief Engineer receives the appeal and complete claim submittal. The Chief Engineer and the Contractor may agree to extend any deadlines related to the Chief Engineer’s claim review. The Chief Engineer and the Contractor acknowledge that failure to extend the time may lead to claim denial based on incomplete claim information. Additional information cannot be submitted to the Chief Engineer unless the Chief Engineer makes an affirmative determination that the Department or the Contractor have shown good cause as to why such information was not previously submitted to the District Engineer. If the Chief Engineer finds good cause and allows the receipt of new information fr om the Contractor:
1.the matter will be remanded for further review at the District Engineer level (with revised deadlines as specified by the Chief Engineer ),
2.any subsequent appeal to the Chief Engineer will reset the Chief Engineer’s claim review deadlines, and
3.any interest claimed to be accruing on the claim will be suspended during the remand period. The Chief Engineer ’s claim review meeting will proceed as follows:
1.the Contractor may present its claim,
2.the Department may provide claim analysis,
3.the Contractor may provide rebuttal in support of its claim,
4.the Department may provide rebuttal/cl osing argument in support of the claim analysis, and
5.the Contractor may provide a closing argument. The District Engineer will attend the Chief Engineer ’s claim review meeting. At any point during the claim review meeting, the Chief Engineer may ask questions or make suggestions as to resolution. Within 30 calendar days of the claim review meeting, the Chief Engineer will issue a written decision to address the claim. The Chief Engineer will compile and keep an administrative record of the claim review . If the Contractor accepts the Chief Engineer ’s decision, the Department will, as needed, issue a change order as specified in 104.02. If the Contractor disagrees with the Chief Engineer ’s decision, the Contractor may bring a lawsuit in Idaho state court as specified in 105.18. The Chief Engineer ’s decision will be final and conclusive unless subsequently changed by a court of competent jurisdiction. for Highway Construction Page 47 of 715 C. Audits . Department auditors, or independent auditors under contract with the Department, may perform inspections and audits . The Contractor and its subcontractors wil l allow authorized auditors to perform an audit and/or inspection on wage, payroll, materials and equipment costs, and CPM schedules related to the claim. The Contractor and its subcontractors will retain these records at the respective company offices. During normal business hours, the Contractor and its subcontractors will provide facilities acceptable to the authorized auditors for the inspection and/or audit. The Contractor and its subcontractors will cooperate with the authorized auditors. The Department will notify the Co ntractor before the first, scheduled day of the audit. The Contractor will retain cost records supporting the claim value until the claim is resolved. The Department will maintain information obtained in an audit as confidential to the extent provided by l aw. The Contractor and its subcontractors will perform the following for all parts of a claim or waive the right to that claim part:
1.Maintain and retain sufficient records.
2.Allow authorized auditors to verify t he claim.
3.Allow authorized auditors t o access the records of the Contractor or its subcontractors. The Contractors and its subcontractors will allow the authorized auditors to access the following documents relating to the claim:
1.Daily time sheets an d supervisors’ daily reports.
2.Union a greements.
3.Insurance, welfare, and benefits records.
4.Payroll registers.
5.Earnings statements and records.
6.Payroll tax statements and records.
7.Material records, invoices, and requisitions.
8.Material cost distribution sheets .
9.Equipment records.
10.Vendors, rental agencies, its subcontractor’s, and lower -tier subcontractor’s invoices.
11.Subcontractor’s and lower -tier subcontractor’s payment certificates.
12.Proof of payment for payroll and vendors.
13.Job cost reports.
14.Job payroll ledgers.
15.General ledgers.
16.Cash disbursement journals.
17.Financial statements for all years reflecting operations on the contract . The Depart ment may require additional financial statements for 3 years before the work began and for 3 years after final acceptance of the contract. for Highway Construction Page 48 of 715 18. Documents that relate to each claim for this contract; including documents that support the claim amount.
19.Documents used to prepare the elements of the contract claim including labor, benefits and insurance , material, equipment, subcontractors, time periods, individuals involved, and the hours and rates for the indivi duals.
20.Documents and computation sheets used during the course of bidding to the extent the claim is based upon the original bid proposal.
21.CPM scheduling documentation.
105.17 Technical Analysis Support (TAS).
If the Department and the Contractor agree to use TAS in the administrative resolution process as specified in 105.16, the Department and the Contractor will interview potential technical experts (TEs) jointly. The selected TE will be a neutral, impartial, and objective TE on the claim or dispute issues, and represent the interests of the contract . The Department and the Contractor will sign a written agreement of the following:
1.Scope of the TE services.
2.Budget for the scope of TE services.
3.To not retain the services of the TE or to allow the TE to represent either party in subsequent steps in the administrative resolution process, and if necessary, any alternate resolution process, related to this contract . The Department, the Contractor, and the TE will sign a written agreement of the following:
1.Notice to proceed with the analysis of the claim issues.
2.Deadline for the TE to report the findings and recommendations. The TE will provide their findings and recommendations to the Department and the Contractor jointly. If requested by the Department or the Contractor, the TE will discuss clarifications of their findings and recommendations with both parties present. The Department and the Contractor will separately accept or reject the TE’s findings and recommendations and will notify the other party, in writing, of their decision within 10 calendar days of receipt. If the Dep artment and the Contractor agree with the TE’s findings and recommendations, the Resident Engineer will issue a change order as specified in 104.02. The TE’s findings and recommendations are nonbinding on the Department and the Contractor. However, the following information may be admissible as evidence in any subsequent claim resolution proceeding or forum to the extent allowed by law :
1.Qualifications of the TE.
2.The fact that a n independent TE considered the claim.
3.TE’s findings and recommendations. The Department and the Contractor will equally share the cost and expenses of the TAS. The TE will invoice the Contractor. After the Department and the Contractor each approve the invoice, the Contractor will pay for Highway Construction Page 49 of 715 the TE invoice. The Contractor will submit to the Department an invoice for 50 percent of the total TE invoice. The Department will reimburse the Contractor for the invoiced amount representing 50 percent of the total TE invoice.
105.18 Claim Resolution .
A.Mediation. Notwithstanding the formal claims procedure specified in 105.16, the parties may enter into mediation by mutual agreement at any time, in which case the claim review time requirements in 105.16 will be suspended pending the outcome of the mediation process. The rules, time, and place for mediation, as well as the selection of the mediator will be established by mutual agreement. The mediator’s costs will be div ided equally between the Department and the Contractor. Either party may terminate mediation at any time upon notice to the other party. The suspension of the claims review time requirements in 105.16 will automatically end if either party terminates the m ediation.
B.District Court. Claims unresolved by the procedures specified in 105.16 will be brought in Idaho state court. Unless affirmatively agreed to otherwise, the Department and the Contractor agree the jurisdiction and exclusive venue will be in Idaho’s Fourth Judicial District (Ada County). The district court will review the administrative record compiled by the Chief Engineer . If the district court remands the matter to the Department/Chief Engineer for lack of jurisdiction or any other reason:
1.The Chief Engineer will designate any additional review procedure,
2.The Chief Engineer will reset appropriate deadlines, and
3.Any interest claimed to be accruing on the claim will be suspended from the date of the Chief Engineer ’s decision and throughout the remand period. Nothing in the contract is intended to, nor will be deemed in any manner to waive, modify, or limit the Department’s administrative authority as granted by the Idaho Legislature. The Contractor will include 105.16 and 105.18 in subcontracts and contracts with suppliers. The Contract or will manage its subcontractor and supplier disputes.
105.19 Contract Specific Alternate Claim Resolution Process – Dispute Review Board .
The contract may specifically allow the following alternate resolution process to assist in the administrative resolution process specified in 105.16. The DRB review may not be used as a substitute for the Department’s and the Contractor’s responsibilities to make a good- faith effort to resolve the dispute using the administrative resolution process. This section describes the purpose, procedures, function, and features of the DRB process. If a DRB is used , the Department, the Contractor, and the DRB members must sign a Three- Party Agreement to:
1.Formalize the creation of the DRB .
2.Establish the scope of services for the DRB .
3.Establish the rights and responsibilities of the Department and the Contrac tor. for Highway Construction Page 50 of 715 In the event of a conflict between this section and the Three- Party Agreement, the latter will govern. Use of an alternate resolution process (i.e., DRB ) does not relieve the Department or the Contractor from complying with the contract and with the requirements specified in 105.16. In general, the DRB will operate as specified in 105.19, however, it is desirable to allow flexibility in the DRB process to adapt to changing situations and facilitate resolution of a dispute. The Department and the Contractor may mutually agree in writing on new procedures or modifications to the existing procedures for a specific dispute. The DRB may also establish new or modified procedures with the mutual written agreement of the Department and the Contractor. If the Department and the Contractor cannot agree, the Department will determine the new or modified procedures. The purpose of a DRB is to address and seek to resolve issues that may arise during the work. The Contractor agrees that the DRB process will either be used before submission of a claim or will stay the claim process (including the District Engineer review time) until the DRB process is concluded or until the Department, after consultation with the Contractor, affirms in writing that the DRB process should be withdrawn or abandoned. The DRB will consist of 3 members selected jointly by the Department and the Contractor in accordance wi th
105.19 1.
1.Member Criteria and Selection.
a.Experience, Qualifications, and Annual Recertification. Prospective DRB members should have exper ience with the construction process, including design, construction, contract administration, contract law, industry practices, and resolution of disputes. Typical DRB members are retired or semi -retired engineers, contractors, claim consu ltants, or construction attorneys. It is not necessary that prospective DRB members be intimately familiar with the specific type of construction involved in the dispute. If necessary, the DRB may consult technical and legal experts as specified in 105.19.4.g. Prospective DRB members must have attended the Dispute Review Board Advanced Update workshop offered by the Dispute Resolution Board Foundation or its substantial equivalent in other training, or will be a pre- qualified DRB member in another state that has training as a prerequisite to qualification for services on a DRB.
b.DRB Pre-Qualification Roster. The Department, after consultation with representatives of the Idaho Associated General Contractors (AGC), will establish and maintain a DRB pre-qualification roster of at least 12 qualified individuals available to serve on DRBs. The Department, with input from the Idaho AGC, will select members to the DRB pre -qualification roster from the prospective members as specified in 105.19.1.a. Each January, the Department will contact each DRB member listed on the pre- qualification roster to have them recommit to serving as a DRB member. The Department will attempt to contact the DRB member at least twice using two different methods (e.g., phone call and email) within a 30- day period. DRB members who do not recommit, or who the Department is unable to reach, will be removed from the pre- qualification roster. The AGC will be notified and provided with reasoning (e.g., member is no long er interested) for each roster removal.
c.Neutrality. for Highway Construction Page 51 of 715 DRB members must be neutral, act impartially and in the best interest of the contract and be free of any conflict of interest. For the purpose of this section , the term “member” also includes the member’s current primary or full -time employer, and “involved” means having a contractual relationship with the Department, the Contractor, or any entity involved in the dispute (e.g., subcontractors, suppliers, architects, engineers, construction managers, consultants). Prohibitions or disqualifying relationships for prospective members include any of the following:
1.An ownership interest in any entity involved in the contract, or a financial interest in the contract, except for payment for services on this DRB .
2.Previous employment by, or financial ties to, any party involved in the c ontract within a period of 1 year before award of the contract, except for fee based consulting services on unrelated contracts.
3.A close professional or personal relationship with any key member of any entity involved in the contract that, in the judgment of the Department or the Contractor, could suggest partiality.
4.Previous involvement in the contract of a nature that could compromise the member’s ability to participate impartially in the DR B’s activities. Prohibitions or disqualifying relationships for members include any of the following:
1.Current employment, including fee based consulting services, by any entity involved in the contract .
2.Discussion concerning, or the making of, an agreement with any entity invol ved in the contract regarding employment after the contract is complete.
d.Disclosure Statement. All prospective members for a DRB will submit complete disclosure statements to the Department. Each statement will include the following:
1.Resume of experience.
2.Declaration that describes all past, present, and anticipated or planned future relationships, including indirect relationships through the member’s primary or full -time employer, to the Department, the Contractor, or any entity involved in the contract (e.g., subcontractors, suppliers, architects, engineers, construction managers, consultants).
3.Disclosure of any close professional or personal relationships with key members of the Department, the Contractor, or other entity involved in the contract .
e.Selection Process. To form a DRB, the Department will provide the Contractor with access to all members on the current DRB pre- qualification roster. Within 20 calendar days after contract award the Department and the Contractor will each nominate 5 individuals from the roster and notify the other party o f their nominees. The Department and the Contractor will each confirm the availability and neutrality of their nominees. for Highway Construction Page 52 of 715 Within 30 calendar days after contract award, the Department and the Contractor will jointly select the DRB using the following procedure:
1.Combine all nominees into 1 list.
2.Flip a coin to see which party goes first.
3.Take turns striking names off the list until there are only 3 names left.
4.The 3 remaining nominees will constitute the 3 member DRB . The Department will notify all members of their selection to the DRB. The members of the 3-member DRB will choose one member to act as chairperson. If necessary, the Department and the Contractor will use the same selection process for selecting replacement members.
f.Three Party Agreement. Within 14 calendar days of the Department notifying the members of their selection to the DRB , the DRB members, the Department’s authorized representatives, and the Contractor will execute a DRB Three- Party Agreement .
g.Tenure of the DRB . The DRB becomes effective upon execution of the DRB Three- Party Agreement, and dissolves when the Department and the Contractor mutually agree to dissolve the DRB.
2.Ongoing Contract Involvement.
a.Contract Documents, Reports, and Information. The Department will provide each DRB member with the contract, a set of the plans, and the specifica tions. To keep the DRB members informed of work activity and other developments, the Department and the Contractor will promptly provide relevant information and documentation requested by the DRB. The DRB may request information and the work documentation that the Department and the Contractor produce in the normal course of construction, including, but not limited to, periodic reports and minutes of progress meetings. The DRB may not request information or docum entation that the Department or the Contractor would not have normally produced.
b.Periodic Meetings and Site Visits. The DRB members may visit the project site and meet with representatives of the Department and the Contractor at regular intervals and during significant construction events as agreed to by the Department and the Contractor. To minimize the time and expense of meetings, the Department and the Contractor may decide to use conference calls, videoco nferences, or any other means. Each meeting will consist of an informal roundtable discussion followed by a field observation of the work. Representatives from the Department and the Contractor will attend the roundtable discussion. The meeting agenda will generally include the following:
1.Meeting convened by the DRB chairperson.
2.Contractor discussion topics, such as the following: for Highway Construction Page 53 of 715 (a) Work performed since the last meeting.
b.Status of the work schedule and schedule for future work.
c.Anticipated or potential problems and proposed solutions.
d.Status of past, current, and potential issues, disputes, and other controversies.
3.Department discussion topi cs, such as the following:
a.The schedule and sc hedule updates.
b.Perspective on potential issues, dis putes, and other controversies.
c.Status of past, current, and potential issues, disputes, and other controversies.
4.Any other topics the Department or the Contr actor wants to discuss with the DRB .
5.Setting a tentative date for next meeting. The Department, the Contractor, and the DRB members will agree on the frequency and scheduling of visits depending on the progress of the work. Observations by the DRB members during project sit e visits will cover all active segments of the work. A representative from the Department and the Contractor will accompany the DRB members on project visits.
3.Informal Review Process. The Department and the Contractor may involve the DRB in the review of an emerging dispute. Use of an informal review by the DRB does not relieve the Department or the Contractor from complying with the contract . However, if informal review by the DRB is used, the dispute submittal time frames and review time frames of 105.16 may be revised by mutual written agreement of the Department and the Contractor, or if they are unable to agree, wil l be established by the Department. At the request of the Department or the Contractor, the DRB is available to provide informal nonbinding preliminary review regarding an emerging dispute. After a dispute is initially brought before the DRB for informal review, the Department and the Contractor will have sufficient notice and time to prepare for informal review by the DRB. Upon the request of the Department or the Contractor to the DRB chairperson for an informal DRB review, the chairperson will contact the other DRB members to make necessary arr angements for the review. Informal review meetings will consist of informal oral discussions with input and comments encouraged from the Department and the Contractor. After private deli beration, the DRB will provide initial im pressions and oral guidance which will be limited to the dispute only and will not offer any opinion as to legal questions. Minority guidance (should it exist) will also be offered. The DRB will not make written findings and recommendations or any record of the informal review. The DRB is not bound by its oral recommendations to the Department and the Contractor in the event that a dispute that was considered in informal review by the DRB is later submitted to the DRB for formal review. It is the intent of the Department and the Contractor to establish informal review by the DRB as a method of dispute mitigation. To the extent allowed by law , the Department and the Contractor agree that all written or oral communications and documentation submitted and/or discussed during informal review by the DRB will be privileged and confidential pursuant to Idaho Rules of for Highway Construction Page 54 of 715 Evidence 507 and 408. Rule of Evidence 408 will also apply to all written or oral communications prepared for or exchanged during the informal review process.
4.Formal Review Process.
a.General. The Department and the Contractor will cooperate to ensure that the DRB considers disputes promptly by taking into account the specific circumstances of the dispute, and the time required to prepare documentation.
b.Prerequisites to Request for Review. The Department or the Contractor may request a review once negotiations will be, or have become, unsuccessful.
c.Requesting Review. The requesting party will prepare and submit a written request for review to the DRB chairperson and the other party. The request for review will state clearly, and in full detail, the specific issues of the dis pute to be considered by the DRB. The DRB chairperson will confer with the Department and the Contractor to establish a submittal schedule to allow adequate time before presentations for both parties to review the requesting party’s request for review and for both parties to prepare and submit position statements as specified in 105.19.4.e. The Contractor will provide each DRB member with a complete copy of the dispute submitt al at least 14 calendar days before the hearing if available at the time of the request for DRB.
d.Scheduling the Hearing. After receiving a request for review, the DRB chairperson will schedule a hearing date.
e.Pre-Hearing Requirements. The Department and the Contractor will prepare and submit concise, written position statements with page number references to any supporting documentation. First, the Contractor will submit its position statement to the DRB and the Department; then the Department will submit its position statement to the DRB and the Contractor.
f.Hearing. Unless otherwise agreed by the Department, the Contrac tor, and the DRB members, the heari ng will occur at the nearest Department District Office. The 3 parties may agree to any another location that would be more convenient and still provide the required facilities and access to necessary documentation. The Department and the Contractor will each have representatives in attendance at all hearings. The Contractor will make its presentation first. The Department and the Contractor will take successive turns for rebuttals until all as pects of the dispute are fully covered. The DRB members, the Department, and the Contractor representatives may ask questions, request clarification, or ask for additional data during the presentations. For difficult or complex disputes, the DRB may schedule additional hearings to facilitate full consideration and understanding of the information presented by the Department and the for Highway Construction Page 55 of 715 Contractor. The DRB will allow the Department and the Contractor adequate opportunity to present evidence, documenta tion, and testimony supporting their position regarding all issues of the dispute. The Department and the Contractor cannot present, and the DRB cannot consider in its review, any documents, r eports, analysis, or other information, unless the same was previously provided to the other party as supporting documentation for the position statement. Unless otherwise agreed to by the Department and the Contractor, the DRB will limit the position statements, presentations, and reviews to issues of entitlement only. If the Department and the Contractor agree to the DRB reviewing or giving guidance on issues of entitlement and quantum, the Department and the Contractor will c omplete their presentations on entitlement before presenting iss ues of quantum. A formal transcript of the hearing is usually unnecessary. The Department or the Contractor may request that the DRB allow recordation and transcri ption by a court reporter. The Department and the Contractor wil l agree on the allocation of the associated cost. This transcription, if prepared, will not constitute the official record of the DRB review. The DRB prepared record will be the official record of the DRB review. The DRB may provide for audio or video rec ordings of the hearing for DRB use only. Unless affirmatively agreed to by the Department and the Contractor, no attorney for either entity will appear at or participate in the DRB proceeding. The Department and the Contractor may mutually agree to allow the attorneys to attend and minimally advise or to play a more involved role in the hearing (e.g., making brief opening and closing remarks to the DRB). If the Depa rtment or the Contractor representatives fail to appear before the DRB on the date scheduled for the hearing without justifiable cause, the party that is in attendance will prevail in their position on the dispute.
g.Deliberations. After the conclusion of the hearing, the DRB members will hold private deliberations to prepare the DRB’s findings and recommendations. The DRB may hold its private deliberations at any location. The individual views of the DRB members will be kept strictly confidential from disclosure to anyone other than the DRB members. If necessary, the DRB may submit a written request to the Department and the Contractor that briefly describes the scope and budget for special services (e.g., legal, t echnical, accounting, data research, or other expert assistance, consultation, testimony). If the Department and the Contractor agree to the request, both parties will execute a written agreement with a provider of the necessary special services chosen by mutual agreement. The DRB’s findings and recommendations will not be bound by any information provided by a special service provider. The Department and the Contractor will share and pay for the cost of the service provider as specified in 105.19.5. Typica lly the special service provider will respond to the DRB ’s questions in private consultation and the Department and the Contractor may not request a permanent record of the questions or responses.
h.Findings and Recommendations. The DRB ’s findings and recommendations concerning any dispute are nonbinding and inadmissible in any subsequent proceeding pursuant to Rule 408 of the Idaho Rules of Evide nce. for Highway Construction Page 56 of 715 The DRB is not responsible for resolving disputes; that responsibility remains with the Department and the Contractor. The DRB will base its findings and recommendations on the contract , applicable contract law, industry practices, and the facts of the dispute. The DRB must also evaluate whether the burden of proof has been met. Within 14 calendar days from completion of the hearing, the DRB will pr ovide the Department and the Contract or with a written copy of its findings and recommendations by certified mail return receipt requested. For difficult or complex disputes, and in consideration of the DRB’s availability, the Department, the Contractor, a nd the DRB may mutually agree to revi se the time requirement. The DRB will set forth, as clearly as possible, the logic and reasoning behind its findings and recommendations. The findings and recommendations will address entitl ement only, unless the Department and the Contractor mutually request the DRB review entitlement and quantum as specified in 105.19.4.f. If the DRB cannot expeditiously determine the exact value of the quantum, the DRB may address quantum in its findings and recommendations by providing guidelines for determining the quantum. The Department and the Contractor will then make the final determination of quantum. If the Department and the Contractor continue to disagree on the determination of quantum, the Department and the Contractor may submit the disagreement back to the DRB for further review and amended findings and recommendations. If the DRB is unable to reach unanimity in its deliberations, the DRB will advise the Department and the Contractor of that fact in t heir findings and recommendations. A dissenting DRB member may prepare a minority report to be included in the DRB findings and recommendations.
i.Acceptance or Rejection. Within 7 calendar days of receipt of the DRB ’s findings and recommendations, the Department and the Contractor will provide a written notice of acceptance or rejection of the DRB findings and recommendations to the DRB and each other. If, with the aid of the DRB ’s findings and recommendations, the Department and the Contractor are able to resolve the dispute, the Department will promptly process any necessary contract revisions as specified in 104.02. If the Department or the Contractor rejects the DRB’s findings and recommendations, the dispute will continue under the administrative resolution process as specified in 105.16.
j.Clarification a nd Reconsideration. If the dispute re mains unresolved because the Department or the Contractor has a bona fide lack of understanding of the DRB ’s findings and recommendations, either party may request the DRB clarify specific p arts of their findings and recommendations. The Department or the Contractor will provide a written request to the DRB and the other party within 7 calendar days of receipt of the DRB’s findings and recommendations. If evidence becomes available that was not available at the time of presentations, the Department or the Contractor may request that the DRB reconsider its findings and recommendations with the new evidence. The DRB will decide if reconsideration is necessary.
k.Admissibility. for Highway Construction Page 57 of 715 Any DRB findings or recommendations will be deemed within the purview of Rule 408 of the Idaho Rules of Evidence (or comparable provision in any other forum) and hence precluded from admissibility in any subsequ ent proceeding.
l.Legal Relations. Each DRB member, in the performance of his or her duties on the DRB, is acting as an independent agent and not as an employee of the Department or the Contractor. Each DRB member is acting in a capacity intended to facilitate resolution of the dispute. Accordingly, the Department and the Contractor agree, to the fullest extent allowed by law, that each DRB member will be accorded quasi -judicial immunity for any actions or decisions associated with its review, findings, and recommendations. The Department and the Contractor may not call any DRB member as a witness in subsequent proceedings on a dispute. Other than the DRB’s findings and recommendations, all records, proceedings, and deliberations of the DRB are to be kept confidential to the fullest extent allowed by law. The DRB will, upon completion of the contract, turn all records of the DRB over to the Department for storage and preservation. Each DRB member will, by agreement, be held harmless for any personal or professional liability arising from or related to DRB activities. To the fullest extent allowed by law, the Department and the Contractor will indemnify all DRB members for disputes, losses, demands, and damages (including reasonable attorney fees) for bodily injury, property damage, or economic loss arising out of or related t o the DRB members carrying out DRB functions. This indemnity is a joint and several obligation of the Department and the Contractor.
5.Payment . The Department and the Contractor will equally bear the following costs and expenses related to the DRB work activities preauthorized by the Department and the Contractor, including the following:
a.Time spent on the project site, at hearings, at meetings, or reviewing the dispute away from the project site.
b.Travel time to and from the location of the DRB activities listed in 105.19.5.a.
c.Travel expenses.
d.Approved special service providers. The Department and the Contractor will pay each DRB member for actual time spent at the rate of $185 per hour with a maximum of $1,500 per day. This rate includes all normal incidental expenses (e.g., telephone, fax, postage, courier, printing, computer services). The Department and the Contractor will compensate each DRB member at the same daily and hourly rate. The Department and the Contractor will pay each DRB member for actual travel time to and from DRB meetings at the rate of $75 per hour with a maximum of $300 each way. The Department and the Contractor will reimburse DRB members at the state of Idaho’s standard rates for transportation, lodging, and meals for each day, or portion thereof, for DRB member travel to or from, or attending, a DRB activity. The Department will not pay for markups applied to the cost and expenses of the DRB by the Contractor or the DRB members. for Highway Construction Page 58 of 715 The Department will provide administrative services (e.g., conference facilities, secr etarial service s) for the DRB , at no cost to the Contractor. Each DRB member may submit invoices for payment for DRB activities completed and qualified expenses no more often than once per month during the progress of their DRB activities. The invoices will be in a format approved by the Department, and accompanied by a general description of DRB activities performed during that period. The value of DRB activities accomplished for pay ment will be es tablished from the billing rate and hours expended by the DRB member together with qualified expenses incurred. The Contractor will pay the invoices of all DRB members within 30 calendar days after approval by the Department and the Contractor. The Contractor will then invoice the Department for 50 percent of the approved DRB invoices. The cost records and accounts related to DRB activities will be kept available for inspection by representatives of the Department and the Contractor for 5 years after final payment to the DRB members. for Highway Construction Page 59 of 715 SECTION 106 – CONTROL OF MATERIAL
106.01 Source of Supply and Quality Requirements.
Provide materials meeting the contract and produced using acceptable quality control practices. The Contractor is responsible for quality control. The quality control process cost is included in the contract unit prices for the respective contract pay items. Use new materials, unless otherwise specified. Notify the Engineer of proposed material sources to allow for inspection before manufacture, fabrication, and material delivery. The Engineer may inspect and approve material at the source before delivery. If the Engineer determines the source no longer produces material meeting the contract, use another source to provide material that meets the contract . Use material from the qualified products list (QPL) as specified in the contract and in 106.15. Install or apply material in accordance with the manufacturer’s written instructions. If a conflict exists between the contract and the manufacturer’s written instructions, immediately notify the Engineer in writing.
A.Buy America. For contracts that involve federal -aid funding or are specifically indicated in the special provisions to comply with Buy Am erica, ensure iron or steel products, and construction materials permanently incorporated into the work are products of the United States. Provide certifications conforming to 106.04 prior to incorporating the item into the project. If foreign construction materials, steel, or iron in excess of the quantities allowed become incorporated into the work, the Contractor will remove such materials in excess of the allowable maximum and replace them with materials complying with these specifications at no additional cost to the Department. If the supporting documentation does not undeniably demonstrate to FHWA or the Department that the domestic iron or steel, or construction materials identified in the certificates of compliance were produced in the United States of America, then such iron, steel, construction materials will be considered unacceptable and must be replaced at no cost to the Department. If foreign steel, iron, or applied coatings for steel or iron in excess of the quantities allowed, or foreign construction materials become incorporated into the work, remove such materials in excess of the allowable maximum, and replace them with materials complying with these specifications at no additional cost to the Department. The burden of proof to meet the Buy America provision rests with the Contractor.
1.Iron and Steel Products All manufacturing processes for iron and steel products, including the application of coatings for such materials, must occur in the United States. Coating includes all processes that protect or enhance the value of the material to which the coating is applied. Buy America requirements apply to any steel or iron components of a manufactured product regardless of the overall composition of the manufactured product and to miscellaneous steel or iron components and hardware (e.g., cabinets, covers, shelves, clamps, fittings, sleeves, washers, bolts , nuts, screws, tie wire , spacers, chairs, lifting hooks, faucets, or door hinges). Obtain certifications from the manufacturer, that document that steel and iron have been manufactured and that coatings for steel or iron have been applied in the United States. Submit the required certifications to the Engineer before incorporating these materials i nto the work.
Source: Idaho Standard Specifications for Highway Construction, 2023 Edition. Pages 71–94 of 768.