105CONTROL OF WORK

105.01Authority of the Engineer

The Engineer will decide all questions which may arise as to the quality and acceptability of materials furnished and work performed and as to the rate of progress of the work, which may arise as to the interpretation of the plans and specifications, 105.01

and as to the acceptable fulfillment of the contract on the part of the Contractor.

The Engineer will have the authority to suspend the work wholly or in part for failure to carry out provisions of the contract; for failure to carry out orders; for such 10 periods as may be deemed necessary due to unsuitable weat her; for conditions considered unsuitable for prosecution of the work; or for any other condition or reason deemed to be in the public interest. Any contract adjustments for suspension of work will be in accordance with 104.02(b). Work shall not be suspended without written authority from the Engineer.

105.02Plans and Working Drawings

Road plans will show, in detail, structures of up to and including 20 ft spans, lines, grades, typical cross-sections of the improvement, and general cross-sections. They may also show general features of bridges. Bridge plans will show general plans and 20 details of bridges.

Working drawings as defined in 101.79 shall be furnished.

All working drawings and design calculations shall include the contract number, the Contractor’s name, and contact person.

Working drawings shall be submitted as soon as practical after contract award in a format acceptable to the Engineer. Worki ng drawings will be reviewed for design features only. The Contractor shall be responsible for dimensions, accuracy, and fit of 30 work. Welding symbols used on working drawings shall be those shown in AWS A2.4 standards.

Design calculations required for approval for construction purposes shall be submitted as soon as practical after contr act award in a format acceptable to the Engineer. When requested, a longhand example of the design methodology shall be furnished if the design calculations are in a computer-printout format.

Working drawings and design calculations for permanent work items shall be signed by and shall bear the seal of a professional engineer. Design calculations and 40 drawings shall be checked for accuracy by a second qualified individual. This individual shall include their initials on the drawings and calculations. The qualifications of the checker shall be commensurate with the items being reviewed.

Working drawings for temporary work items shall be signed by and shall bear the seal of a professional engineer.

Working drawings shall be furnished for commercially available patented devices that appear on a QPL as published by the Department. Drawings shall be signed by and shall bear the seal of a licensed professional engineer. However, the professional 50 engineer signing and stamping these drawings may be licensed in any state. 105.02

Manufacturer’s installation manuals shall be provided with the working drawings and will remain the property of the Department.

Working drawings and design calculations will be returned either approved or showing changes or corrections required within 14 calendar days of receipt. Working drawings that include bridge load ra ting in accordance with 714.04(c) item 9 or

723.04(c) item 10 will be returned either approved or showing changes or corrections

required within 28 calendar days of receipt. If required to be changed or corrected, the drawings shall be resubmitted until they receive approval. 60

Fabrication or construction shall not start on an item of work before working drawings are approved. Authorized alterations will be endorsed on approved plans or shown on supplementary sheets. All work performed or material ordered prior to the approval of such plans and drawings shall be at the risk of the Contractor. Department approval of working drawings will not release the Contractor from the responsibility for errors, adequacy or safety of falsework, cofferdams, or other temporary work or risk in connection with the work. Prior to final acceptance, the Contractor shall provide a copy of all approved working drawings, including all approved modifications.

105.03Conformance with Plans and Specifications

All work performed and all materials furnished shall be in reasonably close conformance with the lines, grades, cross-sections, dimensions, and material requirements, including tolerances, as shown on the plans or indicated in the specifications. Any deviation from the plans or specifications that may be required by the constraints of construction will be determined by the Engineer and authorized in writing.

Plan dimensions and contract specifications values are to be considered as the target value to be strived for and complied with as the design value from which any 80 deviations are allowed. It is the intent of the specifications that the materials and workmanship shall be uniform in character and shall conform as nearly as realistically possible to the prescribed target value or to the middle portion of the tolerance range. The purpose of the tolerance range is to accommodate occasional minor variations from the median zone that are unavoidable for practical reasons. When a maximum or minimum value is specified, the production and processing of the material and the performance of the work shall not be preponderantly of borderline quality or dimension.

When construction equipment, office equipment, production equipment, or 90 testing equipment are specified in metric sizes, any such equipment that has been built to nearly equivalent English system dimensions will be accepted. When such equipment is specified in English system sizes, any such equipment that has been built to nearly equivalent metric sizes will be accepted.

If the Engineer finds the materials or the finished product in which the materials used are not within reasonably close conformance with the plans and specifications, 105.03

but that reasonably acceptable work has been produced, the Engineer will determine if the work will be accepted and remain in place. In this event, the basis of acceptance will be documented by an appropriate adjustment in the contract price for such work 100 or materials as deemed necessary to conform to the determination based on engineering judgment.

If the Engineer finds the materials or the finished product in which the materials are used or the work performed are not in reasonably close conformance with the plans and specifications and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected with no additional payment.

105.04Coordination of Plans, Standard Specifications, and Special 110

Provisions The Standard Specifications, the plans, special provisions, and all supplementary documents are essential parts of the contract. A requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; and the following relationships apply:

Instructions to Bidders and description of pay items listed in the Schedule of Pay Items

hold over:

Question and Answer Form Unique Special Provisions Plans Recurring Special Provisions

Question and Answer Form holds over: Unique Special Provisions Plans Recurring Special Provisions

Unique Special Provisions hold over: Plans Recurring Special Provisions

Plans hold over: Recurring Special Provisions

Recurring Special Provisions hold over: Standard Specifications

The Contract pre-bid Question and Answer Forms published on the Department's Contract Letting Information website are a part of the Contract Letting Documents. In 120 case of discrepancy relative to other contract documents, the Question and Answer Forms shall take precedence ov er Unique Special Provisions. In case of discrepancy 105.04

relative to other contract documents, the QPL will be regarded the same as Recurring Special Provisions. Notes on the plans which are not also included in either the special provisions or among the general notes portion of the plans, and refer to payment, non- payment, or cost to be in cluded in that of other pay items, will not govern over specifications. The precedence outlined herein shall not absolve the Contractor of its responsibility in accordance with 107.17.

Advantage shall not be taken of any appa rent error or omission in the plans or 130 specifications. In the event such an error or omission is discovered, the Engineer shall be notified immediately. Such corrections and interpretations as may be deemed necessary for fulfilling the intent of the plans and specifications will then be made.

105.05Cooperation by Contractor

The Department will furnish the Contract or all contract documents in electronic format without charge. The Contractor shall be responsible for supplying all necessary information for use by contractor and subcontractor personnel.

The work shall be given the constant atte ntion necessary to facilitate the progress 140 thereof. The Contractor shall cooperate with the Engineer, technicians, inspectors, and other contractors in every way possible.

Where new work is to be fitted to old work, the Contractor shall check all dimensions and conditions in the field prior to ordering material and assume responsibility for fit of new work to old.

The Contractor shall have available at a ll times, and on the work site when work is in progress, as its agent, a competent superintendent capable of reading and understanding the plans and specifications and experienced in the type of work being 150 performed. The superintendent shall receive instructions from the Engineer or its authorized representatives and shall have full authority to execute orders or directions without delay. They shall promptly supply such materials, equipment, tools, labor, and incidentals as may be required. Such supe rintendence shall be furnished irrespective of the amount of work sublet.

105.06Cooperation with Utilities

Prior to letting the contract, the Department will notify all known utility companies, all pipeline owners, or other parties affected. The Department will endeavor to have all necessary adjustments of the public or pr ivate utility fixtures, 160 pipelines, and other appurtenances within or adjacent to the lim its of construction completed.

Waterlines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, and all other utility appurtenances within the limits of the proposed construction which are to be relocated or adjusted are to be moved by the owners at their expense, except as otherwise provided for in the special provisions or as noted on the plans. 105.06

The plans show all known utilities located within the limits of the contract 170 according to information obtained from the various utility companies. The accuracy of the plans in this respect is not guaranteed by the Department. All of the permanent and temporary utility appurtenances in their present or relocated positions as shown on the plans shall have been considered in the bid.

If work by one or more utilities is contingent on work by the Contractor or another utility, the Contractor shall keep all parties informed of the status and estimated completion date for the advance work in order to give each utility as much notice as possible to schedule crews and material for their relocation work.

The contract documents identify each known utility and describe all known

necessary work and an anticipated schedule for completion. However, if a utility fails

to relocate or adjust their facilities as provided for in the contract documents and the

Contractor sustains delays, losses, or both, that could not have been avoided by the

Contractor’s judicious handling of forces, equipment, and plant or by reasonable

revisions to the schedule of operations, and the Contractor has documented its utility

coordination efforts and sustained delays and losses, and if the sustained delays and

losses were not caused by the negligence of the Contractor, the Contractor may pursue

appropriate compensation under 104.02 or from the documented offending party in

accordance with Public Law 35-2005.190

If the Contractor is delayed and it provides the aforementioned information to the

Engineer, the time for completion may be extended in such amount as the conditions

justify or the Contractor may be compensated for an accelerated construction schedule.

105.07Cooperation Between Contractors

The Department may at any time contract for and perform other or additional work

on or near the work covered by the contract.

When separate contracts are let within the limits of a project, each contractor shall200

conduct its work so as to not unnecessarily interfere with or hinder the progress or

completion of the work being performed by other contractors.

Contractors working on the same project shall cooperate with each other as

directed.

Each contractor involved shall assume all liability, financial or otherwise, in

connection with its contract and shall protect and save harmless the Department from

all damages or claims that may arise because of inconvenience, delay, or loss

experienced by such contractor because of the presence and operations of other210

contractors working within the limits of the same project.

Work shall be arranged and the materials being used shall be placed and disposed

of to not interfere with the operations of the other contractors within the limits of the

105.07

same project. Work shall be joined with work performed by others in the proper

sequence and in an acceptable manner.

105.08Construction Stakes, Lines, and Grades

Unless otherwise provided, the Engineer will set construction stakes establishing

lines, slopes, continuous profile-grade, centerline of roadway, centerline of piers and

abutments, a benchmark adjacent to the work, and vertical control elevations for items

including but not limited to flow lines, footings, caps, bridge seats, and screed

elevations. In addition, all necessary information will be furnished relating to lines,

slopes, and grades. Using the control lines and grades as established, the Contractor

shall be responsible for completing the layout and performing the work.

The Contractor shall be responsible for the accuracy of transfer from the control

lines and grades and layout of the work. The Contractor shall notify the Engineer to230

locate all existing underground traffic signal and lighting wiring. The Engineer will

only perform this locate service once per construction season per contract. The

Contractor shall also be responsible for the preservation of all stakes and marks. If the

construction stakes or marks are carelessly or willfully destroyed or disturbed by the

Contractor or its employees, the cost to the Department for replacing them will be

charged against the Contractor. Such costs will be deducted from payment for the

work.

All stakes, templates, straightedges, and other devices necessary for checking,

marking, and maintaining points, lines, and grades shall be furnished with no240

additional payment.

The Department will be responsible for the accuracy of control lines and grades

established by the Engineer. If there is an error in the establishment of the original

construction or survey stakes set, and discovered after the work has been fully or

partially completed in compliance with the erroneous stakes, payment for additional

work as may be required due to the error, will be made at the contract unit price for

the class of work involved.

If set out as a pay item, the construction engineering, including all staking and

layout usually done by the Department, shall be performed by the Contractor.

Construction engineering shall include re-establishing the survey points and survey

centerlines; referencing the necessary control points; running a level circuit to check

or re-establish plan benchmarks; running a level circuit to establish elevations on new

benchmark tablets; setting stakes for right-of-way, culverts, slopes, subbase,

underdrains, paving, subgrade, bridge piers, abutments, and all other stakes required

for control lines and grades; setting vertical control elevations, such as footings, caps,

bridge seats, and screed elevations; and obtaining flowline elevations. Construction

105.08

50

engineering shall also include documenting the underground wiring as located by the260

Department.

The Contractor shall notify the Engineer to locate all existing underground traffic

signal and lighting wiring. The Engineer will only perform this locate service once per

construction season per contract. The required documentation shall be performed and

a copy provided to the Engineer as soon as practical after the locations have been

marked. Documentation which is not provided to the Engineer in a timely manner shall

not be considered valid for the purpose of resolving conflicts related to the accuracy

of the location markings. The documentation may be digital pictures, regular photos,

or sketches of the areas marked. The documentation shall be such that the underground270

wiring can be easily and accurately re-established in the field by the Contractor, if

needed.

The Contractor shall schedule its construction engineering operation, including

staking, in a timely fashion so as to assist the utilities in the relocation or adjustment

of their facilities as early as possible in the contract. All staking the Contractor is

directed to perform to assist the utilities’ relocation and which is considered to be in

addition to the normal staking required, will be paid for in accordance with 104.03 or

109.03

280

A complete cross-section shall be taken at each 500 ft interval. Horizontal control

shall be checked at the beginning and ending of the mainline and all “S” lines. This

information shall be used to verify that the planned alignment and elevations will

match existing conditions. Required alignments and elevations will be shown on the

plans.

Prior to incorporating established grades, the Contractor will be required to

determine that all other planned elevations are in accordance with field conditions.

The profiling of existing pavements beyond tie-in points for proper ride, profiling of

existing ditches for proper flow, and visual observations that driveways or sidewalks290

may be constructed satisfactorily, will be required.

Interstate routes and other divided lane pavements shall be checked for the vertical

clearance under structures to ensure that a minimum of 16 ft is maintained over the

traffic lanes and paved shoulder. Ramps which connect to the above type pavements

shall provide the same clearance. All other pavements shall be checked for the vertical

clearance under a structure to ensure that a minimum of 14 ft is maintained over the

traffic lanes and paved shoulders. Grade transitions shall be tapered to meet the grade

of the pavement under a structure a minimum of 100 ft away from the structure and at

a rate not to exceed 0.14%. All discrepancies shall be brought to the immediate300

attention of the Engineer. All changes in the design will be provided by the

Department. Field adjustments that do not affect the design shall be made by the

Contractor and the Engineer shall be notified. Adequate control stationing shall be

maintained throughout the length of the project. At the end of the contract all survey

control points that fall within the right-of-way shall be established. At the end of the

105.08

51

contract, the Contractor shall provide the necessary centerline layout so that the final

sections may be taken by the Department.

The re-establishment of the centerline control points shown on the plans, right-of-

way points used for fence or markers, and section corners shall be performed by a land310

surveyor who is registered in the State or by people under the direct supervision of the

land surveyor, per the requirements of IAC Title 865 of the State Board of Registration

for Professional Surveyors Statutes and Rules.

Benchmarks and elevations shall be established on new or rehabilitated bridges.

The elevations shall be tied to the United States Geodetic Survey system providing

there is an existing monument within a radius of 3 mi of the bridge site. If a monument

is not within this distance, the elevation of the new benchmark shall be established

from the benchmarks shown on the plans. Tablets will be furnished by the Department

and shall be set in the new concrete at the locations directed. The Contractor shall320

document the elevation on the proper forms furnished by the Department. The forms

shall be signed, sealed, and dated by a land surveyor or engineer who is registered in

the State. The work shall be performed in accordance with Part 1, Chapter 106 of the

Department’s Design Manual. Copies of the forms shall be provided to the Engineer

for distribution.

All stakes, templates, straightedges, and other devices necessary for checking,

marking, and maintaining points, lines, and grades shall be furnished.

On a road contract, the level circuit to check the plan benchmarks shall be run for330

the full length of the project. Intermediate benchmarks shall be established

approximately every 500 ft through the project. On a bridge contract, the circuit shall

include four plan benchmarks, if available, two on each side of the structure.

Field notes shall be kept in hard covered field books in a clear, orderly, and neat

manner consistent with standard engineering practices and in accordance with the

Department’s prescribed field book procedure, including titles, number, and indexes.

Such field books shall be furnished by the Contractor and shall adequately document

all survey information. Copies of field book shall be furnished to the Engineer upon

request during the life of the contract. The original field notes shall become the340

property of the Department upon completion of the work. Such field notes shall be

bound. All pages shall be numbered before submission to the Department.

After the grade stakes have been set for earthwork, an elevation on the top of each

stake shall be taken. Such elevation shall be tied into a permanent plan benchmark.

Using this information in conjunction with the plans, a grade sheet shall be prepared.

Grade sheets shall also be prepared for special ditches.

When staking culverts, the Contractor shall perform the necessary checking to

establish the proper location, length, skew, and grade. Prior to culvert installation the350

Engineer will approve adjustments in the location, length, skew, and grade to fit best

105.08

52

the conditions on the site. The Contractor will not be responsible to verify that the

culvert is of adequate opening.

Where sumping is shown on the plans, the Contractor shall obtain the existing

flowline elevation. This information will be used to verify that the planned sump depth

matches existing conditions. Prior to culvert or bridge working drawing design, the

Engineer will determine adjustments in footing or invert elevation necessary to

provide the appropriate sump depth.

360

The Engineer will make all measurements and surveys that involve the

determination of final pay quantities, including original and final cross-sections for all

earthwork. The accuracy of the construction engineering may be checked as necessary,

but responsibility for the accuracy of engineering layout or the final result of

construction accuracy will not be assumed. The staking by the Contractor shall be done

similar to the standard procedure for Department engineering personnel. All inspection

and testing will be performed by Department personnel.

The supervision of the Contractor’s construction engineering personnel shall be

the responsibility of the Contractor. All errors resulting from the operations of such370

personnel shall be corrected with no additional payment.

The Contractor shall not engage, on full-time, part-time, or other basis during the

contract time, professional or technical personnel who are or have been, during the

contract time, in the employment of the Department, except regularly retired

employees, without the written consent of the Commissioner.

Construction engineering as specified herein will be paid for at a contract lump

sum price. The cost of furnishing all necessary personnel, equipment, and supplies to

accomplish the work shall be included in the cost of this work. A change in plans or380

scope of work which causes the Contractor’s construction engineering cost to increase

or decrease by $500.00 or more per occurrence will be paid for or deducted from the

original lump sum price bid for construction engineering. An amount of less than

$500.00 per occurrence will not be considered for price adjustments.

When specified, production staking shall be performed by the Contractor.

Production staking shall include staking for finishing subgrade and placing subsurface

drains, subbase, adjacent curbs or curbs and gutters, and all types of pavements,

including base and surface. It shall also include the furnishing of all labor, equipment,390

and supplies except field books required to complete the work and the staking and re-

staking involved in any authorized alteration of the plans or added work in the

specified items. It does not include staking right-or-way, setting slope stakes,

referencing points, and preparing grade sheets for rough grading. Rough grade staking

will be performed by the Department.

105.08

53

Notes for production staking shall be prepared in standard field books in a clear,

orderly, and neat manner consistent with good engineering practices and in accordance

with the Department’s prescribed note book procedure. Notes shall be kept in a manner

which can be checked readily and shall be available upon request. Grades and other400

information, which are obtainable from the plans, shall be computed and transcribed

to the books. The Contractor shall be responsible for the accuracy of the transferal of

the information to the finished work. Errors caused by inaccurate staking of grades

and lines shall be corrected with no additional payment. The method of staking will

be subject to approval. Stakes shall be set and marked in a manner that will enable

checking. Completed staking shall be preserved as long as required for inspection and

checking of the work.

Standard field books will be furnished which will remain the property of the

Department and shall be returned at the completion of the work. Point references,410

required benchmark data, and information which is not obtainable from a complete set

of contract documents will be furnished. The Department will be responsible for errors

in the plans or other information furnished for layout purposes. If an error is discovered

after the work is fully or partially completed and the error is the result of erroneous

information, payment will be made for additional required work at the contract unit

price for the work involved.

Production staking will not be paid for directly. The cost thereof shall be included

in the cost of the pay items involved.

420

105.09Duties of Technician and Inspector

The technicians and inspectors employed by the Department are stationed on the

work to:

manner in which it is being done,

performed fail to fulfill the requirements of the specifications and

contract, and430

known deviations from, or infringement upon, the plans and

specifications with respect to materials and workmanship.

Technicians and inspectors will be authorized to inspect all work done and

materials furnished and to exercise such additional authority as may be delegated to

them in writing. Such inspection may extend to all the work performed and material

furnished. They shall have authority to reject defective materials and to suspend any

work that is being improperly performed, subject to the final decision of the Engineer.440

Such inspection will not relieve the Contractor from any obligation to furnish

105.09

54

acceptable materials or to perform all work strictly in accordance with the

requirements of the plans and specifications.

Technicians and inspectors will not be authorized to:

specifications;

450

Technicians and inspectors will not, in any case, act as foremen or perform other

duties for the Contractor, nor interfere with the management of the work. Any advice

which technicians and inspectors may give the Contractor will not be construed as

binding the Engineer or the Department in any way or as releasing the Contractor from

the fulfillment of the terms of the contract.

460

105.10Inspection of Work

All materials and each part or detail of the work will be subject to inspection. The

Engineer shall be allowed access to all parts of the work and shall be furnished with

such information and assistance as is required to make a complete and detailed

inspection. Such inspection may include preparation and manufacture of the materials

at the plant.

At any time before acceptance of the work, such portions of the finished work

shall be removed or uncovered as may be directed. After examination, said portions of

the work shall be restored to the standard required by the specifications. If the work470

thus exposed or examined proves to be acceptable, the uncovering, or removing, and

the replacing of the covering or making good of the parts removed will be paid for in

accordance with 109.05. If the work so exposed or examined proves to be

unacceptable, the uncovering, or removing, and the replacing of the covering or

making good of the parts removed will be with no additional payment.

All work done or materials used without supervision or inspection by an

authorized Department representative may be ordered removed and replaced with no

additional payment unless the Department representative failed to inspect after having

been given reasonable notice in writing that the work was to be performed.480

When work covered by the contract is being done under an agreement with a unit

of government or political subdivision, or a railroad corporation, its respective

representatives shall have the right to inspect the work. Such inspection shall in no

sense make such unit of government or political subdivision or such railroad

corporation a party to the contract, and shall in no way interfere with the rights of

either party hereunder.

105.10

55

105.11Removal of Unacceptable and Unauthorized Work

All work which is not in accordance with the contract will be considered as490

unacceptable work, subject to conditions set out in 105.03.

Unacceptable work, whether the result of poor workmanship, use of defective

materials, damage through carelessness, or any other cause found to exist prior to the

final acceptance of the work, shall be removed immediately and replaced in an

acceptable manner.

No work shall be performed unless lines and grades have been given or approved.

Work performed contrary to instructions, beyond the lines shown on the plans or as

given, except as herein specified, or any extra work performed without authority will500

be considered as unauthorized and will not be paid for under the provisions of the

contract. Work so performed may be ordered removed or replaced with no additional

payment.

If the Contractor fails to comply forthwith with any order made under the

provisions of this subsection, the Engineer will have authority to cause unacceptable

work to be remedied or removed and replaced; to cause unauthorized work to be

removed; and to deduct the costs from any monies due or to become due.

105.12Load Restrictions510

Legal load restrictions shall be complied with on public roads beyond the limits

of the project. A special permit will not relieve the Contractor of liability for damage

which may result from the moving of equipment.

The operation of equipment of such weight or so loaded as to cause damage to

structures or the roadway or to any other type of construction will not be allowed. No

loads will be allowed on concrete pavement, concrete bases, or structures before the

expiration of the curing period. The Contractor shall be responsible for all damage

done by the Contractor, its employees, agents, or subcontractors.

520

This requirement will serve as written notice that hauling or handling of materials

on completed or partially completed structures, pavement structures, or paved

shoulders in excess of legal weight limits will not be allowed unless approved in

advance of the operation. Approval shall be obtained from the authority having

jurisdiction over the structures, pavement structures, or paved shoulders.

105.13Maintenance During Construction

The work shall be maintained during construction and until the contract is

accepted. This maintenance shall constitute continuous and effective work prosecuted

day by day with adequate equipment and forces to keep the roadway, structures,530

barricades, and construction signs in satisfactory condition at all times.

Once construction operations have begun within the project limits, and through

traffic is required to be maintained, the Contractor shall repair areas as directed which

105.13

56

require special maintenance. If the repair work is determined to be required during

construction and is due to the Contractor’s operations, the cost of such work shall be

included in the cost of other pay items. If the areas of the roadway which require repair

are due to use by the traveling public or the elements of nature, and are not the fault of

the Contractor, the Contractor will be paid to repair those areas of the roadway. This

work will be paid for under the appropriate pay items or in accordance with 104.03.540

If the contract includes work for the placing of a course upon a previous course

or subgrade which the Contractor has constructed, the previous course or subgrade

shall be maintained during all construction operations. The cost of maintaining this

work shall be included in the cost of other pay items.

105.14Failure to Maintain Roadway, Structures, Barricades, and

Construction Signs

If the Contractor, at any time, fails to comply with the requirements of 105.13 and

107.12, the Contractor will immediately be notified of such non-compliance. If550

satisfactory maintenance is not furnished or unsatisfactory maintenance is not

remedied within 24 h after receipt of such notice, the Engineer may order suspension

of work and proceed to maintain the project, and all progress estimates will be withheld

until the Contractor complies. The entire cost of this maintenance will be deducted

from the money due or to become due on the contract. No additional contract time will

be considered.

The Contractor may be assessed damages for failure to maintain the required

traffic control devices or markings, except for construction warning lights, in

accordance with 801.03. For each day, or portion thereof, during which a type of traffic560

control device or marking is in non-compliance, damages will be assessed at a rate of

$40.00 for each day, per non-compliant unit within a device or marking. If the pay unit

for a traffic control device is per day, the damage assessment will equal twice the unit

price.

Non-compliance caused by events beyond the control of the Contractor may not

be assessed damages. Immediate repairs shall be made to protect the traveling public.

Assessment of damages for non-compliance of construction warning lights will

be in accordance with 801.14.570

105.15Acceptance and Final Inspection

The Contractor may request a final inspection and partial acceptance if:

completed,

or

105.14

57

from other work areas is completed.

If the inspection shows the completed portion to be satisfactory and in accordance

with the contract, that portion may be accepted and the Contractor may be relieved of

further responsibility. Such partial acceptance shall in no way void or alter any of the

terms of the contract.

590

When the Contractor gives notice of presumptive completion of the entire

contract, an inspection will be made. If all construction provided for and contemplated

by the contract is found completed satisfactorily, that inspection shall constitute the

final inspection and the Contractor will be notified in writing of final acceptance. The

date of final acceptance shall be the date the Contractor is relieved of further

maintenance in accordance with 107.18 and as set out in the final acceptance letter.

This date shall not be prior to the date of the final inspection or the date of last work.

The date of last work will normally be the date the Contractor removes the last

construction traffic control device.600

If the work is not acceptable at the time of such inspection, the Contractor will be

advised in writing as to the particular defects to be remedied before final acceptance.

If, within a period of 10 days after such notice, steps have not been taken to complete

the work speedily as outlined, the Department, acting through the Commissioner, may,

without further notice and without impairing the contract in any way, make other

arrangements as necessary to have the work completed in a satisfactory manner. The

cost of so completing the work may be deducted from money due or which may

become due the Contractor on the contract.

610

105.16Notice of Changed Conditions and Claims

Nothing in this subsection shall be construed as establishing a claim contrary to

the terms as set out in 104.02.

If the Contractor requests a contract adjustment for a changed condition in

accordance with 104.02 notification shall be made in writing before the work is begun

or expenses relating to the request are incurred.

The written notification of a changed condition shall be submitted to the Engineer620

and shall include the following minimum information.

condition.

condition were discovered and an explanation of how and by

whom the changed condition was discovered.

105.16

58

circumstances of the changed condition.

the controlling operation and the cost and contract time of the

project.

If written notification of a changed condition is not given and the Engineer is not

afforded the opportunity to remedy the changed condition, then no request for a

contract adjustment will be considered. Notification of a changed condition and the

estimate of the cost of the change shall not be construed as validation of a changed640

condition. If the Engineer determines that a contract adjustment is due, payment will

be made as provided for herein.

No contract adjustment will be made for work performed or for expenses incurred

prior to the date of notification of a changed condition. The Contractor shall diligently

prosecute the work unaffected by the changed condition to the maximum extent

possible.

When the Contractor disputes the Engineer’s determination of a remedy for a650

changed condition and decides to pursue further relief, a written notification of a claim

shall be submitted to the Engineer within 15 days of receipt of the Engineer’s

notification of the remedy. If the Contractor fails to submit a notice of a claim within

the time specified, the Contractor shall waive any further rights to a contract

adjustment due to the circumstances from which the claim arose.

The Contractor shall submit a claim in writing to the Engineer within 30 days, or

other time as mutually agreed, of when the circumstances giving rise to the claim have

ended or otherwise been resolved.660

The claim shall contain sufficient detail to enable the Engineer to determine the

basis and amount of the claim. At a minimum, the following information shall be

included in a claim in a format that can readily be analyzed by the Engineer. The

format shall include, but not be limited to, document length page numbering, a table

of contents, and cross references as applicable throughout the claim documentation.

necessary dates, locations, and items of work affected by the

changed condition.670

claim occurred or became evident and an explanation of

how and by whom the changed condition was discovered.

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submitted by the Contractor.

condition as kept in accordance with 104.02(d).680

knowledgeable about the claim.

claim and a statement of the reasons why the provisions

support the claim.

Contractor to mitigate the claim.690

communications relating to the claim.

contention that the Department’s decision was a breach of

contract if the claim is related to a decision that the contract

leaves to the Department as discretionary or final.

in the categories specified for force account in 109.05,

including a separate calculation of markup as allowed in

109.05

the basis for the request, including approved and as-built bar

chart or critical path method schedules depicting the

affected work.

Contractor, under the penalties of perjury, that the claim is

made in good faith, that no portion of the claim has

previously been paid, and that the amount of the claim and

the supporting documents are true, accurate, and reflect

what the Contractor believes to be the Department’s

liability.

The Engineer will provide a written notice to the Contractor of receipt of a claim.

If the information provided by the Contractor with a claim does not contain sufficient

detail to enable the Engineer to determine the basis and amount of the claim, the720

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Engineer will notify the Contractor in writing of the specific details required. The

Contractor shall provide the required details within 14 days, or other time as mutually

agreed, of receipt of the Engineer’s request. If the Contractor fails to provide the

requested details within the time frame, the Engineer’s original remedy for the

changed condition will be the final determination by the Department and the

Contractor shall waive any further right to contest the remedy.

Claims filed by the Contractor against the Department shall be subject to audit at

any time following the filing of such claim, whether or not such claim is part of a suit730

in the courts of the State. The audit may begin a minimum of 30 days after written

notice to the Contractor, subcontractor, or supplier and may be extended as mutually

agreed by all parties. The Contractor, subcontractor, or supplier shall make a good

faith effort to cooperate with the auditors. Failure to cooperate shall constitute a waiver

by the Contractor of the claim in its entirety. Failure of the Contractor, subcontractor,

or supplier to maintain and retain sufficient records to allow the Department’s auditor

to verify the claim shall constitute a waiver of that portion of the claim that cannot be

verified and shall bar recovery.

The Contractor shall submit the claim to the Engineer at the project level. The

Engineer will review the claim and make an effort to resolve the claim at the project

level within 30 days of receipt of the claim, or other time as mutually agreed. Meetings

may be requested by either the Engineer or the Contractor to discuss the claim in an

effort to reach resolution. The Engineer will make a project level ruling on the claim

and notify the Contractor in writing of the ruling.

If the Contractor disagrees with the project level ruling or if a ruling is not issued750

within the specified or agreed upon time, a written request for a District Office review

may be submitted to the Engineer within 30 days of receipt of the project level ruling

or the end of the time for the ruling to be issued. Failure to submit a request for District

Office review within the specified time will constitute acceptance of the project level

ruling by the Contractor and a contract adjustment will be made in accordance with

the ruling. The contract adjustment will be considered full and complete compensation

for the changed condition and the Contractor shall waive any right to further contest

the ruling.

When a District Office review of the project level ruling is requested, the claim760

will be sent from the project office to the District Office for the review. The Contractor

shall not modify the basis of the claim or the method for calculating the amount

claimed after submittal to the District Office.

The Engineer will review the claim as submitted to the District Office. Meetings

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may be requested by either the Engineer or the Contractor to discuss the claim in an

effort to reach resolution.

For claims with a total value less than or equal to $150,000, or 20% of the original770

contract amount or 100 days of contract time extension, the Engineer will review the

project level ruling and issue a written District Office ruling within 45 days, or other

time as mutually agreed, of the Contractor’s request for a District Office claim review.

A claim review by the District may affirm, overrule, or modify the project level ruling.

The District ruling will specify the portions, if any, of the project ruling that are being

overruled or modified and the rationale supporting the portions overruled or modified.

The Contractor may accept or reject a claim review ruling made by the District

Office. If the Contractor accepts the ruling, it will be considered the final decision by

the Department and a contract adjustment will be made in accordance with the ruling.780

If a District ruling is rejected, the Contractor may submit a written request for a

final hearing before a District Claim Review Board. The request shall be submitted to

the Chief Engineer within 30 days of the Contractor’s receipt of the District ruling.

The Chief Engineer will respond in writing to the Contractor and will convene a Board

to review the claim. Failure to submit a request for a hearing within the specified time

will constitute acceptance of the District Office ruling by the Contractor and a contract

adjustment will be made in accordance with the ruling. The contract adjustment will

be considered full and complete compensation for the changed condition and no

further claim shall be made for the circumstances that gave rise to the claim.790

The District Claim Review Board will consist of three Department personnel

selected by the Chief Engineer and will include one member from District

Construction in the District involved in the claim and two members from the Division

of Construction Management. The Chief Engineer will assign one member as the

chairperson who will then schedule a hearing with the Contractor at a mutually agreed

time and location. The Contractor will be given sufficient time at the hearing to present

arguments and exhibits in support of the claim. The Board will issue a written decision

within 30 days of the hearing and the decision will be considered as the final decision

by the Department and no further appeal will be considered by the Department. A800

contract adjustment will be made in accordance with the decision of the Board and

will be considered full and complete compensation for the changed condition and no

further claim shall be made for the circumstances that gave rise to the claim.

For claims with a total value greater than $150,000, or 20% of the original contract

amount, or 100 days of contract time extension, the District will forward the claim,

along with the project level ruling and a District Office written opinion to Central

Office for a ruling. The Contractor shall not modify the basis of the claim or the

method for calculating the amount claimed after submittal to Central Office.

810

The Engineer will review the claim as submitted to Central Office from the

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District. Meetings may be requested by either the Engineer or the Contractor to discuss

the claim in an effort to reach resolution.

The Engineer will review the claim and issue a written final ruling within 60 days,

or other time as mutually agreed, of receipt of the claim from the District. A claim

review ruling by Central Office may affirm, overrule, or modify the ruling made at the

project level. The ruling will specify the portions, if any, of the project ruling that are

being overruled or modified and the rationale supporting the portions overruled or820

modified.

The Contractor may accept or reject a claim review ruling made by Central Office.

If the Contractor accepts the ruling, it will be considered as the final decision by the

Department and a contract adjustment will be made in accordance with the ruling.

If a Central Office ruling is rejected, the Contractor may submit a written request

that the matter be discussed before a civil mediator. The request shall be submitted to

the Chief Engineer within 30 days of the date of the Central Office ruling. Failure to

request mediation within the specified time shall constitute acceptance of the Central830

Office ruling by the Contractor and a contract adjustment will be made in accordance

with the ruling. The contract adjustment will be considered full and complete

compensation for the changed condition and no further claim shall be made for the

circumstances that gave rise to the claim.

Upon receipt of the request for civil mediation, the parties will select a mutually

agreed upon certified mediator from the list of mediators eligible to perform civil

mediations in the State of Indiana. The mediator shall be familiar with the highway

and bridge construction industry but shall not have any financial interests in the parties.

The mediation shall be conducted in Indianapolis, Indiana pursuant to the applicable840

rules of the Indiana Supreme Court governing civil mediations in the State of Indiana.

The mediator will schedule the mediation as soon as practicable, preferably within 60

days of selection. In the event settlement is reached, a summary of agreement will be

prepared. Either party or the mediator may declare the mediation to be unsuccessful.

By requesting mediation, it is agreed that, as with other civil mediations, the

discussions and proceedings at mediation are considered part of settlement

negotiations and are inadmissible in any civil proceeding.

The Contractor and the Department mutually agree that use of the claim resolution

process up to and including the utilization of a mediator is a condition precedent to the850

filing of any lawsuit concerning claims or alleged breaches of the Contract. The costs

and expenses associated with use of the mediator shall be borne by both parties

equally. Each party to the mediation shall bear its own costs in preparation and

participation.

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