Art. 105.01 Control of Work SECTION 105. CONTROL OF WORK
105.01 Authority of Engineer. All work of the contract shall be completed to
the satisfaction of the Engineer. The decision of the Engineer shall be final on all questions which may arise regarding, including but not limited to, the quality and acceptability of materials and work; the manner of performance; acceptable rates of progress on the work; the interpretation of the contract plans and specifications; the fulfillment of the contract; the measurement of quantities and payment under the contract; and the determination of the existence of changed or differing site conditions. The Engineer will notify the Contractor in writing if the work is to be suspended wholly or in part due to the failure of the Contractor to carry out provisions of the contract or failure to carry out orders of the Engineer. The work may also be suspended at the Contractor’s risk for such periods as the Engineer may deem necessary due to unsuitable weather; for conditions considered unsuitable for the prosecution of the work or for any other condition or reason deemed to be in the public interest. The contract does not require the Engineer to provide the Contractor with direction or advice on how to do the work. If the Engineer approves or recommends any method or manner for doing the work, the approval or recommendation shall not guarantee following the method or manner will result in compliance with the contract, relieve the Contractor of the risks and obligations of the contract, or create liability for the Department. In case of failure on the part of the Contractor to execute work ordered by the Engineer, the Engineer may, at the expiration of a period of 48 hours after giving notice in writing to the Contractor, proceed to execute such work as may be deemed necessary, and the cost thereof will be deducted from compensation due or which may become due the Contractor under the contract.
105.02 Authority of Railroad Engineer. Whenever the safety of railroad
traffic is concerned, the Railroad Engineer will have jurisdiction over safety measures to be taken and his/her decision as to methods, procedures, and measures used shall be final, and any and all Contractors performing work near or about the railroad shall be governed by such decision. Instructions to the Contractor by the Railroad Engineer will be given through the Engineer. Work ordered as specified herein will be classified and paid for according to Article 104.02. Work performed for the Contractor’s convenience will not be paid for separately but shall be considered as included in the contract.
105.03 Conformity with Contract. All work performed and all materials
furnished shall be in conformity with the contract and the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the plans or indicated in the contract documents. All work or material which does not conform to the requirements of the contract will be considered unacceptable. Unacceptable work; whether the result of poor workmanship, use of defective materials, damage through carelessness, or other cause; and unacceptable material shall be removed and replaced or otherwise corrected in an acceptable manner at no additional cost to the Department. Control of Work Art. 105.03 The Department reserves the right to accept work produced by the Contractor if the Engineer finds the noncompliant materials, the finished product in which the noncompliant materials are used, or the nonconforming work are in close conformity with the contract. In this event, the Engineer will document the basis of acceptance by contract modification which may provide for an appropriate adjustment in the contract price for such work or materials as the Engineer deems necessary to conform to the determination. The determination of the Department will be based on the best engineering judgment of the Engineer and shall be final and binding. Work done contrary to instructions given by the Engineer, work done beyond the lines shown on the plans, or as given by the Engineer, or any extra work done without written approval given by the Engineer will be considered as unacceptable and will not be paid for under the contract. Work so done may be ordered removed or replaced at no additional cost to the Department. For unacceptable work that impacts the environment or public safety, a deduction will be applied to monies due or that might become due the Contractor. These deficiency deductions will be applied as follows.
a.National Pollutant Discharge Elimination System (NPDES) / Erosion and Sediment Control Deficiency Deduction. When the Engineer is notified or determines an erosion and/or sediment control deficiency(s) exists, or the Contractor’s activities represents a violation of the Department’s NPDES permits, the Engineer will notify and direct the Contractor to correct the deficiency within a specified time. The specified time, which begins upon notification to the Contractor, will be from 1/2 hour to 1 week based on the urgency of the situation and the nature of the work effort required. The Engineer will be the sole judge. A deficiency may be any lack of repair, maintenance, or implementation of erosion and/or sediment control devices included in the contract, or any failure to comply with the conditions of the Department’s NPDES permits. A deficiency may also be applied to situations where corrective action is not an option such as the failure to participate in a jobsite inspection of the project, failure to install required measures prior to initiating earth moving operations, disregard of concrete washout requirements, or other disregard of the NPDES permit. If the Contractor fails to correct a deficiency within the specified time, a daily monetary deduction will be imposed for each calendar day or portion of a calendar day until the deficiency is corrected to the satisfaction of the Engineer. The calendar day(s) will begin with notification to the Contractor and end with the Engineer’s acceptance of the correction. The base value of the daily monetary deduction is $1,000.00. The value of the deficiency deduction assessed will be determined by multiplying the base value by a Gravity Adjustment Factor provided in Table A; except for failure to participate in a required jobsite inspection of the project prior to initiating earthmoving operations which will be based on the total acreage of planned disturbance at the following multipliers: <5 Acres: 1; 5-10 Acres: 2; >10-25 Acres: 3; >25 Acres: 5. For those deficiencies where corrective Art. 105.03 Control of Work action was not an option, the monetary deduction will be immediate and will be valued at one calendar day multiplied by a Gravity Adjustment Factor. Table A Deficiency Deduction Gravity Adjustment Factors Types of Violations Soil Disturbed and Not Permanently Stabilized At Time of Violation < 5 Acres 5 - 10 Acres >10 - 25 Acres > 25 Acres Failure to Install or Properly Maintain BMP 0.1 - 0.5 0.2 - 1.0 0.5 - 2.5 1.0 - 5 Careless Destruction of BMP 0.2 - 1 0.5 - 2.5 1.0 - 5. 1.0 - 5 Intrusion into Protected Resource 1.0 - 5 1.0 - 5 2.0 - 10 2.0 - 10 Failure to properly manage Chemicals, Concrete Washouts or Residuals, Litter or other Wastes 0.2 - 1 0.2 - 1 0.5 - 2.5 1.0 - 5 Improper Vehicle and Equipment Maintenance, Fueling or Cleaning 0.1 - 0.5 0.2 - 1 0.2 - 1 0.5 - 2.5 Failure to Provide or Update Written or Graphic Plans Required by SWPPP 0.2 - 1 0.5 - 2.5 1.0 - 5 1.0 - 5 Failure to comply with Other Provisions of the NPDES Permit 0.1 - 0.5 0.2 - 1 0.2 - 1 0.5 - 2.5
b.Traffic Control Deficiency Deduction. When the Engineer is notified, or determines a traffic control deficiency exists, he/she will notify and direct the Contractor to correct the deficiency within a specified time. The specified time, which begins upon notification to the Contractor, will be from 1/2 hour to 12 hours based upon the urgency of the situation and the nature of the deficiency. The Engineer shall be the sole judge. A deficiency may be any lack of repair, maintenance, or non-compliance with the traffic control plan. A deficiency may also be applied to situations where corrective action is not an option such as the use of non-certified flaggers for short term operations; working with lane closures beyond the time allowed in the contract; or failure to perform required contract obligations such as traffic control surveillance. If the Contractor fails to correct a deficiency within the specified time, a daily monetary deduction will be imposed for each calendar day or fraction thereof the deficiency exists. The calendar day(s) will begin with notification to the Contractor and end with the Engineer's acceptance of the correction. The daily monetary deduction will be $2,500.00. For those deficiencies where corrective action was not an option, this monetary deduction will be immediate. Control of Work Art. 105.04
c.Idling Restriction Deficiency Deduction. When the Engineer is notified, or determines that an idling restriction deficiency exists, he/she will notify and direct the Contractor to correct the deficiency. If the Contractor fails to correct the deficiency a monetary deduction will be imposed. The monetary deduction will be $1,000.00 for each deficiency identified.
d.Diesel Vehicle Emissions Control Deficiency Deduction. When the Engineer is notified, or determines that a diesel vehicle emissions control deficiency exists, he/she will notify and direct the Contractor to correct the deficiency within a specified time period. The specified time, which begins upon Contractor notification, will be from 1/2 hour to 24 hours, based on the urgency of the situation and the nature of the deficiency. The Engineer shall be the sole judge. A deficiency may be any lack of repair, maintenance, or non-compliance with vehicle emissions control. If the Contractor fails to correct the deficiency within the specified time frame, a daily monetary deduction will be imposed for each calendar day or fraction thereof the deficiency continues to exist. The calendar day(s) will begin when the time period for correction is exceeded and end with the Engineer's written acceptance of the correction. The daily monetary deduction will be $1,000.00 for each deficiency identified. If a Contractor or subcontractor accumulates three diesel vehicle deficiency deductions in a contract period, the Contractor will be shut down until the deficiency is corrected. Such a shutdown will not be grounds for any extension of contract time, waiver of penalties, or be grounds for any claim. The statement elsewhere in the contract of remedies for the use of unacceptable materials or for unacceptable work shall not be exclusive of the remedies provided in this Article unless expressly provided therein. Upon failure of the Contractor to comply with any order of the Engineer made under the provisions of this Article, the Engineer will have authority to cause the unacceptable work, or deficiency(s), to be corrected, removed or replaced, and to deduct the cost from any monies due or to become due the Contractor. This corrective action will in no way relieve the Contractor of their contractual requirements or responsibilities.
105.04 Plans. Plans showing details as are necessary to give a
comprehensive idea of the construction contemplated will be furnished by the Department. The Department reserves the right to further detail and illustrate the work. The Engineer may furnish the Contractor additional plans and explanations consistent with the original plans. The Contractor shall perform the work according to these additional plans and explanations. The Contractor shall submit to the Engineer for approval such additional shop, working, or layout drawings pertaining to the construction of the work, as may be required, and prior to the approval of such plans or drawings, any work done or Art. 105.04 Control of Work materials ordered shall be at the Contractor’s risk. The drawings shall be provided sufficiently in advance of actual need in order to allow for review by the Department and other agencies. The Engineer will require up to 30 calendar days for review, after receipt of the submittal, by the Department. The review may involve rejection, revision, or resubmittal when drawings do not meet contract requirements or do not contain sufficient detail, in which case, an additional 30 calendar days will be required for each subsequent review. The written approval of the Engineer is required before proceeding with the work represented by the drawings. Approval by the Engineer shall not confer upon the Department any responsibility for the accuracy of the drawings. The Contractor shall bear all risk and costs for work delay caused by nonapproval of the drawings. When the contract includes work adjacent to a railroad and falsework, cofferdams, or sheeting is required, the Contractor shall submit to the Engineer for approval and the Railroad Engineer’s approval, plans for the falsework, cofferdams, or sheeting. The plans shall be submitted sufficiently in advance of the time the Contractor intends to start work to permit checking. No such work shall be started prior to receipt by the Contractor of approval of the plans for the falsework, cofferdams, or sheeting. The Contractor shall give the Railroad Engineer not less than ten days notice, in writing, prior to beginning of such construction. The cost of furnishing such drawings shall be included in the contract and no additional compensation will be allowed the Contractor for any delays resulting therefrom.
105.05 Coordination of the Contract Documents. The documents included
in the contract are intended to be complementary and to describe a complete work. If the Department determines a conflict exists between the contract documents, the following hierarchy will be applied and the Contractor shall then complete the work according to the interpretation made by the Department. Hierarchy of the Contract Documents Special Provisions Hold over: Plans, Recurring Special Provisions, Supplemental Specifications, and Standard Specifications Plans 1/, 2/, 3/ Hold over: Recurring Special Provisions, Supplemental Specifications, and Standard Specifications Recurring Special Provisions Hold over: Supplemental Specifications, and Standard Specifications Supplemental Specifications Hold over: Standard Specifications 1/ Detail plans hold over Highway Standards. 2/ Calculated dimensions hold over scaled dimensions. 3/ The Highway Standards indicated by the revision number listed in the Index of Highway Standards on the plans shall hold over Highway Standards listed anywhere else. Control of Work Art. 105.08
105.06 Cooperation by Contractor. The Contractor will be supplied with a
minimum of two sets of approved plans and contract assemblies including Special Provisions, one set of which the Contractor shall keep available on the work at all times. The Contractor shall give the work constant attention necessary to facilitate the progress thereof, and shall cooperate with the Engineer, appointed inspectors, and other contractors in every way possible. The Contractor shall have on the work at all times, as the Contractor’s agent, a competent English-speaking superintendent, capable of reading and thoroughly understanding the plans and Specifications and thoroughly experienced in the type of work being performed, who shall receive instructions from the Engineer or authorized representatives. The superintendent shall have full authority to execute orders or directions of the Engineer without delay, and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required. Such superintendent shall be furnished irrespective of the amount of work sublet.
105.07 Cooperation with Utilities. The Department reserves the right at any
time to allow work by utilities on or near the work covered by the contract. The Contractor shall conduct his/her work so as not to interfere with or hinder the progress or completion of the work being performed by utilities. The Contractor shall also arrange the work and shall place and dispose of the materials being used so as not to interfere with the operations of utility work in the area. The Contractor shall cooperate with the owners of utilities in their removal and rearrangement operations so work may progress in a reasonable manner, duplication or rearrangement of work may be reduced to a minimum, and services rendered by those parties will not be unnecessarily interrupted. The Contractor shall coordinate with any planned utility adjustment or new installation and the Contractor shall take all precautions to prevent disturbance or damage to utility facilities. Any failure on the part of the utility owner, or their representative, to proceed with any planned utility adjustment or new installation shall be reported promptly by the Contractor to the Engineer.
105.08 Cooperation Between Contractors. The Department reserves the
right at any time to contract for and perform other or additional work on or near the work covered by the contract. Each Contractor shall conduct his/her work so as not to interfere with or hinder the progress or completion of the work being performed by other Contractors. In case of dispute, the Engineer shall be the referee and the Engineer’s decision shall be final and binding on all. Each Contractor involved shall assume all liability, financial or otherwise, in connection with his/her contract, and shall protect and save harmless the Department from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by the Contractor because of the presence and operation of other Contractors working within the limits of the same improvement. Each Contractor shall assume all responsibility for all work not completed or accepted because of the presence and operations of the other Contractors. Art. 105.08 Control of Work The Contractor shall arrange the work and shall place and dispose of the materials being used so as not to interfere with the operations of the other Contractors within the limits of the same project. The Contractor shall join his/her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.
105.09 Survey Control Points. Survey control points will be set by the
Engineer, unless specified otherwise in the contract, to establish the horizontal and vertical control required for construction of the various contract items of work. The Department will be responsible for the accuracy of the control points and other lines and elevations set by the Engineer. The Contractor shall assume full responsibility for all dimensions and measurements taken or derived by the Contractor from control points set by the Engineer. The Contractor shall preserve and protect all control points set by the Engineer. If the Contractor removes, disturbs, or otherwise displaces any control point, without the prior approval of the Engineer, the Engineer may deduct the direct engineering cost incurred by the Department in re-establishing the control point from compensation due the Contractor. The Contractor shall furnish, as directed by the Engineer, the type, size, quality, and quantity of material required to establish control points for the work. The cost incurred by the Contractor in complying with this requirement shall be considered as included in the contract unit prices bid for the various items of work involved and no additional compensation will be allowed.
105.10 Authority and Duties of Resident Engineer. The Resident Engineer
is responsible for the administration and satisfactory completion of an assigned construction project. The Resident Engineer has the authority to reject defective work or material and to suspend any work being improperly performed.
105.11 Duties of the Inspector. Inspectors employed by the Department will
be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials to be used. The inspector will not be authorized to alter or waive the provisions of the contract. The inspector will not be authorized to issue instructions contrary to the plans and Specifications, or to act as foreman for the Contractor.
105.12 Inspection of Work. All materials and each part or detail of the work
shall be subject at all times to inspection by the Engineer. Such inspection may include mill, plant, or shop inspection, and any material furnished under the Specifications is subject to such inspection. The Engineer shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the Contractor as is required to make a complete and detailed inspection. If the Engineer requests, the Contractor shall remove or uncover such portions of the finished work as may be directed. After examination, the Contractor shall restore said portions of the work to the standard required by the Specifications. Should the work thus exposed or examined prove acceptable, the uncovering or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the Control of Materials Art. 106.01 uncovering or removing, and the replacing of the covering or making good of the parts removed, will be at no additional cost to the Department. When the contract includes railroad grade separation or grade crossing work, all materials for and each part or detail of the work shall be subject at all times to the inspection of the representatives of the Railroad insofar as Railroad interests are concerned, but such inspection shall in no sense make the Railroad a party to the contract. Additional requirements for inspection of electrical work shall be according to Articles 801.09 and 801.10.
105.13 Final Inspection. Upon due notice from the Contractor of completion
of the entire project, the Engineer will make an inspection. If all construction provided for and contemplated by the contract is found satisfactorily completed according to all of the requirements of the contract, the inspection shall constitute the final inspection and the Engineer will notify the Contractor in writing of the date of final inspection. If the inspection discloses any work, in whole or in part as being unsatisfactory, the Engineer will give the Contractor the necessary instructions for correction of same, and the Contractor shall immediately comply with such instructions. Upon correction of the work, another inspection will be made which shall constitute the final inspection provided the work has been satisfactorily completed. In such event, the Engineer will notify the Contractor in writing of the date of final inspection. Additional requirements for final inspection of electrical work shall be according to Articles 801.13 through 801.16. SECTION 106. CONTROL OF MATERIALS
106.01 Source of Supply and Quality Requirements. The materials used
on the work shall meet all quality requirements of the contract. The Contractor shall notify the Engineer of the proposed sources of materials prior to delivery. At the option of the Engineer, materials may be approved at the source of supply before delivery is started. If it is found after trial that sources of supply for previously approved materials do not produce uniform and satisfactory products, or if the product from any source proves unacceptable at any time, the Contractor shall furnish acceptable materials from other sources. All materials to be permanently incorporated in the work shall be new unless otherwise specifically prescribed in the contract documents. All iron and steel products, which are to be incorporated into the work, shall be domestically manufactured or produced and fabricated, unless an exception is expressly permitted under Federal and/or State law and written permission is given by the Department. The Contractor shall obtain from the iron or steel producer and/or fabricator, in addition to the mill analysis, a certification that all iron or steel materials meet these domestic source requirements. The application of all coatings, epoxy, galvanizing, painting, etc., to metal products shall be domestically applied.
Referenced in this section
CONTROL OF WORK in other states
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Source: Illinois Standard Specifications for Road and Bridge Construction, 2022 Edition. Pages 31–38 of 1,217. View official source ↗