105Control of Work

105.01 Authority of The Engineer

The Engineer will decide all questions regarding the quality and acceptability of materials furnished, work performed, the rate of progress of the work, the interpretation of the contract, and the acceptable fulfillment of the contract. Contract time will continue to be charged during suspensions in accordance with Subsection 105.01(A) and Subsection 105.09(2) .

105.02 Contractor Submittals

All submittals are to be sent to the Project Manager unless stated otherwise. Submit all project documents electronically unless otherwise directed by the Project Manager. This includes, but not limited to: • Project Records • Forms • Correspondence • Notifications • Computations • Statements • Invoices • Purchase Orders • Agreements

105.02.1 Contractor Furnished Drawings.

The plans show the details of structures, lines, grades, typical roadway cross sections, location and design of structures, and a summary of items appearing in the bid package. Furnish the Department with Contractor prepared working drawings that detail required work not included in the contract plans. Prepare all working drawings using English or Metric units as shown in the contract. Upon request, submit manufacture literature describing the materials and equipment to be incorporated into the work. This requirement to submit drawings and literature applies to all items not specifically requested elsewhere in the contract. The Department has 20 business days to review the submittals before returning them to the Contractor. The Department has 20 business days to review drawings returned for correction and that are re-submitted for review. The Department will consider extending contract time should the Department review exceed the 20 business day review time limit and the delay can be shown to affect the Contractor’s operation based on the current schedule. The Department’s approval of the fabricator’s shop detail drawings is verification that the fabricator and Contractor have correctly interpreted the intent of the contract documents and the details reflect the material and connection requirements. “Approval” does not relieve the Contractor or fabricator of the responsibility for accuracy of design, dimensions, completeness, or adherence to the requirements of the contract, nor does it permit deviations from the contract without the Department’s documented consent. The Department will perform an engineering review of the first submittal at no cost to the contractor. If the Department determines that the submittal fails to meet generally accepted engineering standards, it will return the submittal for correction. The Department will perform reviews of re-submittals with its own personnel when possible. If Department staff does not have time available to perform reviews, at the Department’s sole option it may hire a consultant engineer from outside the Department to finish the review process. The Department will charge for reviews of resubmittals for its staff time and at the rate charged by a hired engineering firm for its staff time if the Department hires one. The Department will subtract the charges from contractor payments. Working drawings and falsework plans for facilities open to or above public travel ways, including waterways and adjacent banks open for public use, are to be signed by a professional engineer registered in the State of Montana. Check and approve working drawings and submittals. Show the Contractor’s approval on the drawings and submittals. 2020 EDITION V5.1 CONTROL OF WORK – 105 105-3

105.03 Conformity With Plans and Specifications

105.03.1 General

Perform work and furnish materials to meet the contract requirements. Provide materials and workmanship uniform in character and meeting the plan dimensions and contract specifications. When a contract item does not meet the contract requirements but is adequate to serve the design purpose, the Contractor will be notified in writing of the deficiency. The Contractor will be given the choice to remove and replace the deficient work, correct the work at no expense to the Department, or accept a reduction in the contract unit price. If the Contractor chooses to accept a price reduction, the Project Manager will determine the amount of the reduction and will apply the reduction using a line-item adjustment to the contract. The Project Manager may document the basis of the acceptance by change order. When a contract item does not meet the contract requirements resulting in work inadequate to serve the design purpose, remove and replace or correct the work by and at Contractor expense.

105.03.2 Items Designated for Acceptance on a Lot Basis (Quality Assurance)

Contract items listed in Table 105-1 are designated for acceptance on a lot-by-lot basis. The elements in the table are evaluated and the contract items accepted under this provision. All other contract items are evaluated for acceptance under the specifications covering those items. An element of a lot will be evaluated for conformance when results of one or more tests are outside specified tolerance limits for that element. All the individual test results in the lot for the element to be evaluated will be averaged, and the percent of price reduction for the lot determined by the applicable formula.

105.03.3 Quality Incentive Allowance

The net incentive or disincentive amount will be applied as a line-item adjustment on the pay estimate following completion of the item of work. 105 – CONTROL OF WORK 2020 EDITION V5.1 105-6

105.03.2 on the project.

IRI = Weighted average International Roughness Index (IRI) for all travel lanes evaluated for surface smoothness on the project. When multiple ride categories are included on a project, adjustment factors will be determined for each. A weighted average of all adjustment factors will then be determined for use in the overall incentive adjustment equation below. The Department will evaluate plant mix surfacing in accordance with all applicable contract requirements. Total incentives for plant mix volumetric properties, compaction, and ride will be adjusted based on the overall quality of all the plant mix paving properties. The overall incentive adjustment will be calculated as follows: Ia = I (FV)(FC)(FR). I = Total unadjusted incentive amount. FV = Adjustment Factor resulting from plant mix volumetric properties. FC = Adjustment Factor resulting from plant mix compaction. FR = Adjustment Factor resulting from ride. 2020 EDITION V5.1 CONTROL OF WORK – 105 105-9 Quality incentive allowances will be adjusted in accordance with this specification and then used to offset any price reductions. Any quality incentive allowance remaining after all price reductions have been deducted will be paid as a lump sum when all work on the plant mix bid item is complete.

105.04 Coordination of Contract Provisions

All documents referred to in Subsection 101.03 (Contract) are essential parts of the contract, and a requirement occurring in one is binding as though occurring in all. They are complementary and describe and provide for a complete contract. If a discrepancy exists, the governing ranking is: Dimensions I nformation

105.05 Cooperation By Contractor

The Department will not furnish hard copies of contract documents. Ensure access to all plans and contract documents is always available on the project (whether paper or electronic). Electronic contract documents can be found at the following link, under the appropriate “Bid Packages” links: http://www.mdt.mt.gov/business/contracting/ . Cooperate with the Engineer, Project Manager, the Inspectors, and other Contractors during the contract work. Staff the project with a Superintendent experienced in the type of work to be performed under the contract. Provide the Superintendent’s name in writing before work starts. Ensure the Superintendent, when not physically on the project, can communicate with Department representatives by phone, cell phone, radio, or other electronic means. This contact must be maintained during all work suspensions, including winter suspension. Maintain a Contractor representative having the Superintendent’s authority when the Superintendent is not physically on the project or available for immediate communication. Notify 105 – CONTROL OF WORK 2020 EDITION V5.1 105-10 the Project Manager in writing of the identity and contact information of that representative before that person assumes the authority. Give the Superintendent the authority to execute orders or instructions of the Project Manager or authorized representative and the authority to obtain all resources to complete the contract, including directing all Subcontractor operations. The Project Manager or authorized representative will issue instructions to the superintendent. Notify the Project Manager in writing at least 24 hours in advance of changes in the Contractor’s representative. Failure to maintain a Contractor’s Superintendent or authorized representative on the project is cause for the Project Manager to stop work until one is assigned. All costs associated with the delay are at Contractor expense. Failure to maintain the ability to be contacted within 2 hours during times of work suspension will result in contract time being charged. Time will be charged for the day the Department first attempts to make contact and each additional day that the Contractor’s designated representative cannot be contacted.

105.05.1 Partnering

Implement partnering in accordance with the Montana Partnering Field Guide . Make a good faith effort to resolve disagreements by utilizing the partnering issue resolution ladder identified in the Montana Partnering Field Guide prior to submitting a notice of claim. Partnering meetings will occur prior to beginning work on the project.

105.06 Cooperation With Utilities

Underground, overhead, and non-utility facilities will be relocated or adjusted to clear conflicts with the contract. Some or all of these facilities may be relocated or adjusted during the contract work. Perform the contract work without damaging these facilities. Conduct on-project meetings on a weekly or biweekly basis with utility company representatives having facilities within the project limits and the Project Manager. Have the first meeting on the project before grading and excavation work begins to discuss the utility locations and progress on utility relocation work. A list of utility representatives is furnished in the contract. Cooperate with utility owners in the removal and rearrangement of utility facilities to minimize interruption to utility service and duplication of work by the utility owner. Submission of a bid is an affirmative statement that the Contractor has considered in the bid proposal all permanent and temporary utility facilities in the present or relocated positions as specified in the contract and as revealed by its site investigation. No additional compensation is allowed for delays, inconvenience, or damage sustained due to interference from the utility facilities or their re-location work. The contract indicates utility items to be relocated or adjusted and who is to perform the work. The contract indicates the means of adjudication, if any, if the utility owners fail to relocate or adjust the facilities. 2020 EDITION V5.1 CONTROL OF WORK – 105 105-11 If the test results indicate the material does not meet the requirements, the Contractor may make a written request for an independent laboratory to retest the material in question. The Contractor and the Department must agree upon the choice of an independent laboratory before release of the sample for testing. The Department will maintain and provide the original sample in the event of a retest. The independent laboratory results will be averaged with the results provided by the Department and the averaged results will be binding on both parties for approval of the material in question. The Contractor must pay the cost of duplicate testing if the average results in a failing test. The Department will pay the cost of duplicate testing if the average results in a passing test. Furnish material that does not contain wood and other plant material. The portion of the material retained on the No. 4 (4.75 mm) sieve is defined as coarse aggregate, and that passing the No. 4 (4.75 mm) sieve is defined as fine aggregate. The Department has 30 calendar days from receipt of the test sample to furnish the test results. Contract time will be increased, working day for working day, for each day the test results are delayed beyond the 30-day review period, if the Departments delay affects the Contractor’s operation as shown on the current work schedule. Contract time will not be extended if the delay occurs from November 16th through April 15th unless the Contractor is being charged contract time under Subsection 108.07.3.

105.07 Cooperation Between Contractors

The Department reserves the right to contract for and perform other or additional work on or near the work for the project. Conduct the work without interfering with or hindering the progress or completion of the work by other Contractors. Cooperate with other Contractors working within the limits of the project. Each Contractor involved must accept all liability, financial or otherwise, in connection with the contract and protect and hold harmless the Department from damages or claims that may arise because of inconvenience, delay, or loss experienced because of the presence and operations of other Contractors working within the limits of the same project. Coordinate and sequence with the work of other contractors. Do not store materials, tools, machinery, and other equipment in locations that interfere with the work of other Contractors.

105.08 Construction Stakes, Lines and Grades

Maintain all survey controls required to control alignment and grade using survey personnel that are trained, experienced, and skilled in construction layout and staking. Do not hire Department personnel to perform any survey work. Staking requests must be submitted on form MDT-CON-105-08-1 . Department construction staking will be performed once for a given type and location. If construction staking is required more than once, submit an additional request in writing with justification.

105.08.1 Department Furnished Survey and Layout

Unless otherwise stated, the Department will furnish the following: • All R/W and monumentation surveys. • Centerline coordinates. • Benchmarks at the beginning, end and near midpoint of the project. • Construction stakes or data for establishing, slopes, clearing limits and stationing. • Construction stakes or data for culverts, structures, and appurtenances. • Wetland delineation. 105 – CONTROL OF WORK 2020 EDITION V5.1 105-12 Preserve and protect Department furnished control points and replace any that may be damaged, displaced or removed. Replace any stakes that are obliterated by the Contractor or by construction activities. Use provided controls as the field control to perform the work. Verify accuracy of all Department furnished controls before any layout staking or grading is performed. Request all Department furnished construction staking or data in writing.

105.08.2 Contractor Survey and Layout

When required by the contract, furnish all surveys and calculations necessary to layout and control the work to specified lines, grades, and tolerances. Provide surveys with accuracy and control equal to or better than the requirements of the Montana Department of Transportation Survey Manual (Survey Manual). Protect Department-furnished control points. Set or reset destroyed control points, conduct all R/W and monumentation and public land monumentation surveys under the responsible charge of a Registered Land Surveyor licensed in Montana per Section 70-22-115 MCA . The Department will measure quantities for payment, except items specified under pre-determined quantities. Identify Department set control points. Verify accuracy of the Department – furnished controls before any layout staking is performed.

105.08.3 Finish Grade Control

Provide all finish grade control required to establish the surfacing sections shown in the plans. Calculate the finish grades for the subgrade and each surfacing course using the plan information and the furnished staking notes. Special borrow is a surfacing course for finish grade control purposes. Run a level circuit to check the project benchmarks on each roadway section where finish grade is being controlled. Use a finish grade control method that provides positive horizontal and vertical alignment control for the required surfacing sections and ride quality.

105.08.4 Bridge Survey

The Department will establish control points defining median or roadway centerline, bridge centerline, and benchmarks for elevation control. Establish and maintain all other survey controls required to control bridge alignment and grade meeting the plan dimensions and elevations using survey personnel trained, experienced, and skilled in construction layout and staking. Do not hire Department personnel to perform survey work. Furnish horizontal and vertical control meeting the Department’s Survey Manual requirements. Furnish the original survey notes upon request. Furnish the notes showing the initial layout and primary controls and references and the method of independent check before starting work on the substructure units. Submit a copy of the structure excavation cross-section notes. The Project Manager reserves the right to re-survey any pay item area. Make calculations from the plan information to control alignment and elevation. Correct all incorrect locations, misalignments, and incorrect elevations caused by Contractor calculations, layouts, and surveys at Contractor expense. Submit the proposed method of correction for approval. Do not begin the corrective work until the proposal has been reviewed and approved.

105.08.5 Materials and Equipment

Furnish all materials and equipment required to perform this work. Keep survey notes in a standard field notebook, written in a clear, orderly, neat manner meeting the Department’s Survey Manual requirements and standard surveying practice. If survey notes are generated electronically, produce notes in a format meeting these requirements. The Project Manager will inspect the field notes for acceptance. The finished notes become the Department’s property.

105.08.6 Survey Tolerances and Inspection

The Department will perform finish grade checks based on the following:

105.08.7 Method of Measurement

105.08.8 Basis of Payment

Payment for the completed and accepted quantities is made as follows: Pay Item Pay Unit Contractor Survey and Layout Lump Sum Correct all deficient work due to incorrect finish grade control or bridge survey and reset reference points lost or destroyed by traffic or construction at Contractor expense.

105.09 Authority and Duties of Project Manager

Each project will be staffed with a Project Manager who is the Engineer’s direct representative. The Project Manager has immediate charge of the engineering details of each construction project and is responsible for the administration and satisfactory completion of the project. 105 – CONTROL OF WORK 2020 EDITION V5.1 105-16 The Project Manager can:

105.10 Authority and Duties of Inspectors

Department Inspectors are authorized to:

105.11 Inspection of Work

All work is subject to Department inspection. Inspectors may not be at all work activities nor available for all work shifts for each work activity. Perform the work meeting the contract requirements regardless of inspection. Allow the Inspector access to all parts of the work and furnish information and assistance necessary to make a complete and detailed inspection. Provide a safe environment for the Inspector during the inspections. Inspection of the work does not relieve the Contractor of its responsibility to meet the contract requirements. The Inspector cannot waive contract requirements. Remove or uncover portions of the finished work as directed. Once examined, restore the work to the contract requirements. If the work is acceptable, the uncovering, or removing and replacing the covering or making good the parts removed is paid for as extra work. If the work is unacceptable, the uncovering, removing, and replacing the covering or making good the parts removed is at Contractor expense. Work done or materials used without inspection by an authorized Department Inspector may be ordered removed and replaced at Contractor expense. When a government agency, political subdivision, a utility, or railroad is to accept or pay a portion of the cost of the work covered by the contract, the organization’s representatives may inspect the work. The inspection does not make that entity a party to the contract nor permit it to interfere with the rights of either party to the contract.

105.12 Removal of Unacceptable and Unauthorized Work

Work not meeting the contract requirements is unacceptable, unless determined acceptable under Subsection 105.03 . Remove and replace any unacceptable work before final acceptance at Contractor expense. This requirement has full effect regardless of the fact that the unacceptable work or defective materials were known or overlooked by the Inspector. 2020 EDITION V5.1 CONTROL OF WORK – 105 105-17 Work done contrary to instructions received, or beyond the plan limits, or extra work done without the permission of the Project Manager will not be considered for payment. Work so done may be ordered removed, restored, or replaced at Contractor expense. Neither the Contractor nor the Department incurs any liability by reason of any verbal directions or instructions received from the Project Manager. The Department will not be liable for extra materials furnished or used, or for extra work or labor done, unless required by written order from the Project Manager. If the Contractor fails to follow any order made under this subsection, the Project Manager has the authority to remove, replace, or restore the work and deduct the costs from any monies due or to become due the Contractor.

105.13 Reserved

105.14 Reserved

105.15 Component Inspection

Upon notice of completion of a project component with a contract specific warranty (non- manufacturer), a milestone, or defined phase or unit of construction, the Project Manager will arrange to inspect that work. Seal Coat warrantees will be administered in accordance with Section 409 . If the contract work is found satisfactorily completed, the inspection will constitute the component inspection. If the inspection discloses unsatisfactory work, the Project Manager will issue written instructions to the Contractor on the necessary corrections. When the deficiencies are corrected, another inspection will be made which constitutes the component inspection. Upon completion of the component inspection, submit a completed “Contractor’s Component Inspection” (form MDT-CON-105-15-1 ). The form is available from the Department’s website or the Project Manager. The Contractor’s project superintendent must sign the form. The form must state that:

105.16 Claims for Adjustment and Disputes

The Department may, at any time during the claims process, provide an equitable adjustment to resolve the claim in accordance with Subsection 109.04.3. 105 – CONTROL OF WORK 2020 EDITION V5.1 105-18

105.16.1 Notice of Claim

A notice of claim may be submitted after a resolution could not be agreed upon utilizing the partnering issue resolution ladder identified in the Montana Partnering Field Guide. The Construction Engineer or District Administrator will notify the Contractor in writing regarding the date which will be used as the day of disagreement. Submit a notice of claim using the Department’s Notice of Claim form MDT-CON-105-16-1A no later than 3 business days after the day of disagreement(s) that is to be the subject of a claim for additional compensation, time extension, contract change, or other remedy. Provide full details in the written notice why additional compensation, time extension, contract change, or other remedy is warranted. Attach to the notice of claim all documentation showing the history of the disagreement. Upon submission of the written notice, immediately begin keeping and maintaining complete an d specific daily records using the Department’s Claim Cost Record form MDT-CON-105-16-1 of all details and costs directly related to the disagreement. The form is available from the Project Manager or the Department’s website. Base equipment costs on internal rates for ownership, depreciation, and operating expense. Provide the Project Manager with updates of details and costs related to the disagreement as they develop. Failure to timely provide the written notice as required waives the Contractor’s right to make any claim for the disagreement. Ensure that any notice of disagreement is fully and completely explained and documented, as the Department expects and requires early notice to mitigate costs and to fully document any potential costs. The Project Manager will attempt to resolve the disagreement after the written notice is submitted. The Project Manager will issue a written response no more than 14 calendar days after receipt of the written notice. The Contractor may send a written request to the CES Engineer for approval to bypass:

105.16.2 Submission of Certified Claims

If an agreeable resolution is not reached within 14 calendar days of the written notice, the Contractor may submit a Certified Claim by completing the Certified Claim form MDT-CON-105- 16-2 no more than 14 calendar days after receipt of the Project Manager’s response. The form is available from the Project Manager or the Department’s website. Include all Claim Cost Records to date with the Certified Claim. Submit to the DCE and the CES Engineer of the Engineering Division. The Project Manager will continue to attempt to resolve the disagreement after the Certified Claim is submitted. Detail the following, if applicable in the Certified Claim:

108.07 6

. The Prime Contractor must verify the claim data and certify the claim. Claims from a subcontractor or supplier will not be accepted. Only the Prime Contractor may submit the Certified Claim. Failure to timely submit the completed Certified Claim form or the Claim Cost Records as required is a material breach of contract and waives the Contractor’s right to make any claim for the disagreement or be entitled to any compensation, time extension or contract change related to the disagreement. Allow the Project Manager access to and provide copies of all records when requested by the Department. Make other project records available for technical and audit evaluation during the project and after the claim-related work has been performed. Promptly furnish written clarification and any additional information or data requested by the Department. After the Certified Claim is submitted, continue keeping and maintaining complete and specific daily records using the Department’s “Claim Cost Record” form of all details and costs directly related to the claim. Base equipment costs on internal rates for ownership, depreciation, and operating expense. Submit claim updates every month until the claim is resolved. Include all costs incurred and any other pertinent information discovered after the Certified Claim was submitted and include copies of all Claim Cost Records for that month. For claims over $100,000, all claim costs must be certified by a certified public accountant (CPA) prior to the claim being resolved. Do not change the basis of a claim after submitting the written notice. Do not supplement a faulty submission to rebut or dispute a decision made by the Project Manager. Claims that have changed in basis or that have been supplemented due to an original faulty submission will not be considered and are waived by the Contractor. The Contractor waives the claim and any compensation, time extension, or contract change for any of the following:

105.16.3 Decision on Claims

The Prime Contractor must verify the claim data and certify the claim. Claims from a subcontractor or supplier will not be accepted. The DCE will provide a written decision no more than 30 calendar days after receipt of the Certified Claim for contracts that do not require Escrow of Bid Documents. The DCE will provide a written decision no more than 45 calendar days after receipt of Bid Documents for Contracts that require Escrow of Bid Documents. Where a series of claims are filed on contracts that require Escrow of Bid Documents, each claim will have a written decision from the DCE no more than 45 calendar days after the date of receipt of the individual claim. If additional time is required to research and evaluate the Claim, the DCE can extend the time period 14 calendar days by notifying the Contractor in writing. To advance the claim, appeal the DCE’s decision to the Claims Review Board (Board). Submit the “Request for Appeal” form MDT-CON-105-16-3H to the CES Engineer no more than 30 calendar days after the date of the DCE’s decision. Provide a copy of the appeal to the DCE. The DCE’s decision is final unless appealed no more than 30 calendar days after the date of the decision. If appealed, the DCE will forward the original claim, supporting documents or evidence, and the District’s evaluation to the CES Engineer. The CES Engineer will submit the claim to the Board. Board meetings are scheduled on a quarterly basis, with the schedule available on request from the CES Engineer. Claim appeals received less than 60 calendar days in advance of the next scheduled Board meeting may not be presented to the Board until the following scheduled meeting. The Board will only review those documents and evidence submitted in the original claim, its supporting documents, and the District’s evaluation, but may request further information from the DCE or the Contractor. The Board may affirm, overrule, or modify, in whole or in part, the decision of the DCE. The decision of the Board is the Department’s final decision. The Contractor or Department may request non-binding, independent third party mediation. The Contractor’s request for third party mediation must be submitted to the Construction Engineer on the Request for Mediation form MDT-CON-105-16-3E no more than 30 calendar days after the date of the Board’s decision. If the Department and Contractor both agree to mediation, they must mutually agree on a mediator and a mediation date within 14 calendar days of the date of the request for mediation. All costs associated with mediation will be shared equally between the Contractor and the Department.

105.17 Project Finalization

105.17.1 Final Walk-through Process

When all physical work has been completed in accordance with the contract requirements, a final walk-through process will be completed to inspect the work and identify and resolve all punch-list items. If all work is complete but deferment of the final walk-through is necessary for causes outside the Contractor’s control, the Project Manager will suspend contract time. The following describes the process between the Project Manager and the Contractor:

105.17.2 Final Acceptance

When the Final Walk-through Process is complete (conditional final acceptance), all project- specific warranties have expired, and all warranty issues have been resolved, submit the Final Acceptance using form MDT-CON-105-17-2. Before the form will be approved by the Department, the following items must be completed:

105.17.3 Final Estimate Process

When the contract has reached the Final Acceptance under Subsection 105.17.2, the contract documents will be finalized, and the final estimate processed within 90 calendar days. The final estimate will include the amount and value of each class of work performed and any extra work and materials. Errors made in previous partial payments will be corrected in the final estimate. When the final estimate is prepared and all required documentation (such as material certifications, labor dispute resolutions, etc.) has been received, the CES Bureau will send a copy of the final estimate to the Contractor for review. The Contractor has 10 calendar days to notify the Project Manager in writing if the final estimate is acceptable. If no response is received within that timeframe, concurrence will be assumed. To dispute the final estimate, submit the items disputed and justification to the CES Bureau. Provide a copy to the Project Manager. The CES Bureau will provide a written decision on the disputed items. The Department reserves the right to withhold all, or part of the final payments earned under the contract until all taxes and assessments due and owing to the State of Montana for any reason have been paid in full unless a written release is received from the Department or the state agency having a claim against the Contractor.

Control of Work in other states

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