Sectio n 105
1-40 be reported by July 1 annually by the Contractor to the Resource Conservation Engineer at
ResourceConservation@ncdot.gov. The Contractor shall remain obligated to perform the work in accordance with the terms of the existing contract pending execution of the supplemental agreement that implements an approved Recycled Pro ducts or Solid Waste Materials proposal and will not be entitled to any additional compensation or additional contract time if a Recycled Products or Solid Waste Mater ials proposal is not accepted. The Department reserves the right to reject, at its discretion, any Recycled Products or Solid Waste Materials proposal. The Engineer will be the sole judge of the acceptability, the value, the estimated net savings and any additional compensation to be paid to the Contractor for all or any part of the proposal .
Article 104 — 3 does not apply to a Recycled Products or S olid Waste Materials proposal.
Upon execution of the supplemental agreement , the Department will hereafter have the right to use, duplicate or disclose in whole or in part any data necessary for use of the modification on other projects without obligation or compensation of any kind to the Contractor. Restrictions of conditions imposed by the Contractor for use of the proposal by the Department on other projects shall not be valid. The Department wil l not be liable to the Contractor for failure to accept or act upon any Recycled Products or Waste Materials proposal submitted pursuant to this Specification, nor for any delays to the work attributable to any third party claims, or fines that may be levi ed as a result of the Contractor's decision to use targeted materials.
105-1 Authority of The Engineer
The Engineer will decide all questions that may arise as to the quality and acceptability of materials furnished , work performed , rate of progress of the work; interpretation of the contract; and fulfillment of the contract on the part of the Contractor. His decision shall be final, and he shall have executive authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly. The Engineer shall have the authority to issue any written order to the Contractor whi ch he considers necessary to the prosecution of the work and shall have executive authority to enforce such written orders the Contractor fails to carry out promptly. Failure on the part of the Contractor to comply with any written order issued by the Engineer may be justification for disqualifying the Contractor from further bidding in accordance with Article 102-15.
105-2 Plans and Working Drawings
Plans will show details of all structures, lines, grades, typical cross sections of the roadway, location and design of all structures and a summary of items appearing in the proposal. The plans shall be supplemented by such approved working drawings as are necessary to adequately control the work. Working drawings furnished by the Contractor and approved by the Engineer shall consist of such detailed drawings as may be required to adequately control the work and are not included in the plans furnished by the Department. They may include stress sheets, shop drawings, erection drawings, falsework drawings, cofferdam drawings, bending diagrams for reinforcing steel, catalog cuts, or any other supplementary drawings or similar data required of the Contractor. When working drawings are approved by the Engineer, such approval shall not operate to relieve the Contractor of any of his responsibility under the contract for the successful completion of the work.
1-41 Unless otherwise specified, the Contractor shall allow 30 calendar days for review and
approval, or acceptance, of working drawings from the date they are received until they are returned by the Engineer , unless otherwise stated . If revised drawings are required, appropriate additional time shall be allowed for review and approval, or acceptance, of the revised drawings. The Contractor shall have no claim for extension of completion dates or additional compensation due to this review period. Changes on shop drawings after approval or distribution shall be subject to the approval of the Engineer and he shall be furnished a record of such changes. Payment at the contract prices will be full compensation for all costs of furnishing all working drawings.
105-3 Conformity With Plans and Specifications
All work performed and all materials furnished shall be in reasonably close conformity as determined by the Engineer with the lines, grades, cross sections, dimensions and material requirements, including tolerances, shown in the contract. In the event the Engineer finds the materials or the finished product in which the materials are used not within reasonably close conformity with the contract but that reasonably acceptable work has been produced, he wi ll then make a determination if the work is to be accepted and remain in place. If the Engineer determines that the work is to be accepted, he will have the authority to make such adjustment in contract price as he deems warranted based upon his engineeri ng judgment and the final estimate will be paid accordingly. In the event the Engineer finds the materials , or the finished product in which the materials are used , or the work performed, are not in reasonably close conformity with the contract and have resulted in an inferior or unsatisfactory product, the work or materials shall be removed and replaced or otherwise corrected by the Contractor at no cost to the Department.
105-4 Coordination of Plans, Specifications, Supp Lemental
SPECIFICATIONS AND SPECIAL PROVISIONS The Standard Specifications , the s upplemental specifications , the p lans, the s pecial provisions and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are complimentary and provide and describe the complete contract. In case of discrepancy or ambiguity, the following will apply in ascending order: Calculated dimensions shall govern over scaled dimensions ; Supplemental specifications shall govern over Standard Specifications ; Plans shall govern over s upplemental specifications and Standard Specifications ; Standard special provisions shall govern over p lans, supplemental specifications and Standard Specifications ; and Project special provisions shall govern over s tandard special provisions , plans, supplemental specifications and Standard Specifications . The Contractor shall not take advantage of any apparent error or omission in the contract. In the event such errors or omissions are discovered the Engineer will make such corrections and interpretations as may be determined necessary for the fulfillment of the intent of the contract.
105-5 Cooperation By Contractor
The Contractor shall cooperate with the Engineer, his inspectors and other contractors in every w ay possible and shall give the work the constant attention necessary to facilitate the progress and satisfactory performance thereof. The Contractor shall notify the Engineer in writing at least 7 calendar days before beginning work on the project. He shall notify the Sectio n 105
1-42 Engineer at least 1 calendar day in advance when work is to be suspended and at least
2 calendar days in advance when work is to be resumed. The Contractor shall keep available on the project site a copy of the entire contract at all times.
105-6 Supervision By Contractor
A.On Site Personnel At all times that work is actually being performed, the Contractor shall have present on the project one competent individual who has been authorized to act in a supervisory capacity over all work on the project including work subcontracted. The individual who has been so authorized shall be experienced in the type of work being performed and is to be fully capable of managing, directing and coordinating the work, of reading and thoroughly understanding the contract and of receiving and carrying out directions from the Engineer or his authorized representatives. He shall be an employee of the Contractor unless otherwi se approved by the Engineer.
B.On Call Personnel At all times during the life of the project the Contractor shall provide one permanent employee who shall have the authority and capability for the overall responsibility of the project and who shall be personally available at the site of work within 24 ho urs’ notice . Such employee shall be fully authorized to conduct all business with the subcontractors, to negotiate and execute all supplemental agreements and to execute the orders or directions of the Engineer.
C.Exceptions If the Contractor elects to have the employee described under Subarticle 105 -6(B) constantly available in person on the project, then the presence of this employee will be considered as meeting Subarticle 105 -6(A). However, whenever such employee is absent from the project then an authorized individual meeting Subarticle 105 -6(A) shall be present on the project.
105-7 Cooperation Between Contractors
The Department reserves the right at any time to contract fo r and perform other or additional work on or near the work covered by the contract. When separate or additional contracts are let within the limits of any one project, each Contractor shall conduct his work so as not to interfere with or hinder the progres s or completion of the work being performed by other contractors. Contractors working within the limits of the same project shall cooperate with each other. Each Contractor shall conduct his operations in such a manner as to avoid damaging any work being performed by others or that has been completed by others. When a project is let under more than one contract and the plans or special provisions include a construction schedule, it shall be the responsibility of the Contractors to complete the various phas es of the project in accordance with the time limits specified such that the total contracts will be completed by the completion date. This construction schedule will remain in effect until such time as the Contractors, at their option submit to the Engin eer a joint construction schedule meeting the approval of the Engineer. This joint construction schedule shall be signed by authorized representatives of each firm and upon the approval of the Engineer shall be binding on each firm. Subsequent modificati ons to the joint construction schedule may be made during the course of the work in the same manner. Failure of the Contractor to complete the various phases of work within the time limits set forth in the construction schedule or latest approved joint construction schedule shall be just cause for removing the C ontractor from the Department's list of qualified contractors .
1-43 A Contractor disqualified by reason of this provision will not be reinstated until such time as
his progress is in accordance with the latest approved construction schedule or until the project is completed and accepted, whichever occurs first. The Department will under no circumstances be liable for any claim for additional compensation due to acts of one contractor holding up the work o f another. The Department will under no circumstances be liable for any damages experienced by one Contractor as a result of the presence and operations of other contractors working within the limits of the same project.
105-8 Cooperation With Utility Owners
Before the beginning of construction, the Department will notify all utility owners known to have facilities affected by the construction of the project and will make arrang ements for the necessary adjustments of all affected public or private utility facilities. The utility adjustments may be made either before or after the beginning of construction of the project. The adjustments will be made by the utility owner or his r epresentative or by the Contractor when such adjustments are part of the work covered by his contract. The Contractor shall use an independent utility locating service to locate utilities. Identify excavation locations by means of pre -marking with white paint, flags, or stakes or provide a specific written description of the location in the locate request. The Contractor shall use special care working in, around and near all existing utilities that ar e encountered during construction, protecting them where necessary so that they will give uninterrupted service. The Contractor shall cooperate with the utility owner and/or the owner's representative in the adjustment or placement of utility fa cilities when such adjustment or placement is made necessary by the construction of the project or has been authorized by the Department. In the event that utility services are interrupted by the Contractor, the Contractor shall promptly notify the owners and shall cooperate with the owners and/or the owner's representative in the restoration of service in the shortest time possible. Existing fire hydrants shall be kept accessible to fire departments at all times. Before submitting his bid, the Contractor s hall make his own determination as to the nature and extent of the utility facilities, including proposed adjustments, new facilities, or temporary work to be performed by the utility owner or his representative; and as to whether or not any utility work is planned by the owner in conjunction with the project construction. The Contractor shall consider in his bid all of the permanent and temporary utility facilities in their present or relocated positions, whether or not specifically shown i n the plans or covered in the project special provisions. It will be the Contractor's responsibility to anticipate any additional costs to him resulting from such utility work and to reflect these costs in his bid for the various items in the contract. No additional com pensation, except as provided for in Article 104-4, will be allowed for delays, inconvenience or damage sustained by the Contractor due to any interference from said utility facilities or the operation of moving them , and any such delay, inconvenience or damage, except as provided for in Article 104-4, shall not constitute a basis for a claim for additional compensation. Where changes to utility facilities are to be made solely for the convenience of the Contractor, it shall be the Contractor's responsibility to arrange for such changes and the Contractor shall bear all costs of such changes.
105-9 Construction Stakes, Lines and Grades
Unless otherwise required in the contract, t he Engineer will set construction stakes establishing lines, slopes and continuous profile -grade in road work, centerline and bench marks for bridge work, culvert work, protective and accessory structures and appurtenances that require the use of an engine er's level and transit , and will furnish the Contractor with all Sectio n 105
1-44 necessary information relating to lines, slopes and grades. These stakes and marks shall
constitute the field control by, and in accordance with which, the Contractor shall establish other necessary controls and perform the work. The Contractor shall be held responsible for the preservation of all stakes and marks, and if any of the construction stakes or marks have been destroyed or disturbed by the Contractor, the cost of replacing them will be charged against him and will be deducted from the payment for the work.
105-10 Authority and Duties of The Inspector
Inspectors employed by the Department are authorized to inspect all work performed 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 is not authorized to alter or waive the requirements of the contract. The inspector is not authorized to issue instructions contrary to the contract, or to act as foreman for the Contractor; however, he has the authority to reject work or materials until any questions at issue can be refer red to and decided by the Engineer. The inspector is not authorized to make any final acceptance of the work.
105-11 Inspection of Work
All materials and each part or detail o f the work shall be subject to inspection by the Engineer. The Contractor shall allow and provide a reasonable access to all parts of the work to the Engineer or his authorized representative. The Contractor shall furnish such information and assistance as is required to make a complete and detailed inspection. Such access shall meet the approval of the Engineer. The presence of the Engineer or inspector at the work site shall in no way lessen the Contractor's responsibility for conformity with the contr act. Should the Engineer or Inspector, at any time before final acceptance, fail to point out or reject materials or work that does not conform to the contract, whether from lack of discovery or for any other reason, it shall in no way prevent later rejection or corrections to the unsatisfactory materials or work when discovered. The Contractor shall have no claim for losses suffered due to any nec essary removals or repairs resulting from the unsatisfactory work. If the Engineer requests it, the Contractor, at any time before final acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examinati on, the Contractor shall restore said portions of the work to the standard required by the specifications . The Contractor shall keep cost records of the work performed and if the uncovered work is found to be acceptable by the Engineer , the Department will pay the Contractor on a force account basis in accordance with Article 109-3 for the cost of uncovering, or removing and the replacing of the covering or making good of the parts removed; but should the work so exposed or examined prove unacceptable by the Engineer , the uncovering or removing and the replacing of the covering or making good of the parts removed, shall be at no cost to the Department. When any other unit of government or political subdivision is to pay a portion of the cost of the work covered by the contract, its respective representatives shall have the right to inspect the work. When work is to be performed on the right of way of any railroad corporation or in proximity to other public utilities, the representatives of the railroad corp oration and/or the public utilities shall have the right to inspect the work. Such inspection shall in no sense make any unit of government or political subdivision or any railroad corporation or public utility a party to the contract and shall in no way interfere with the rights of either party thereunder.
105-12 Unauthorized Work
No work shall be performed without established lines and grades except as otherwise permitted by the Engineer. Work performed contrary to the instructions of the Engineer or
1-45 contrary to any approvals granted by the Engineer will be considered as unauthorized and
may not be paid under the requirements of the contract. Work performed beyond the lines shown in the plans or as given, except as herein specified, or any extra work performed without authority will be considered as unauthorized and may not be paid under the requirements of the contract. Any of the above work so performed may be ordered remo ved, replaced, or repaired at no cost to the Department. Upon failure on the part of the Contractor to comply on time with any order of the Engineer made under the provisions of this article, the Engineer will have the authority to cause such unauthorized work to be removed or adjusted or both to conform to the contract and to deduct the cost of removal or adjustment , or both, from any monies due or to become due the Contractor.
105-13 Limitations of Operations
At any time when, in the opinion of the Engineer, the Contractor has obstructed, closed, or is conducting operations on a greater portion of the work than is necessary for the prosecution of the work so as to constitute a hazard to the general public or impair the function of the facility being constructed where traffic shall be maintained, the Engineer may require the Contractor to suspend such unnecessary operations or closures and to finish the portions on which work is in progress before starting work on additional portions of the work.
105-14 Night Work
Whenever t he Contractor's operations are being conducted at night, the Contractor shall provide such artificial lighting as may be necessary to provide for safe and proper construction and to provide for adequate inspection of the work as described in Section 1413. The Contractor shall comply with all applicable regulations governing noise abatement.
105-15 Restriction of Load Limits
The Contractor shall comply with all legal load restrictions in hauling equipment and materials on roads under the jurisdiction of the Department. The Department has the right to place load limit restrictions on the load a Contractor may haul on any road or bridge in the vicinity of his contract. The Contrac tor, before bidding on a project, will be responsible for making his own investigations to determine the possibility of load limit restrictions being placed on any of the highways he plans to use for hauling purposes. The Contractor shall not be entitled to an extension of time or to compensation for any costs, inconvenience, delay, or any other adversity to the Contractor as the result of any reduction by the Department in load limit, or as the result of a refusal by the Department to raise load limits as hereinafter provided or under any other conditions . Any such reduction in load limit or refusal to raise load limits shall not constitute a basis for a claim for additional compensation. Wherever load limit restrictions below the statutory legal load limit have been posted on any roads and bridges on the project or within the vicinity of the project, the Department may remove the load limit restrictions from such roads and bridges upon written request from the Contractor , and the Contractor thereafter will be allowed to haul up to the statutory legal limits over such roads and bridges, provided the Contractor enters into an agreement with the Department providing for:
A.Maintenance by the Contractor of such roads in a condition satisfactory to the Engineer during the haul period.
B.Repair by the Contractor at his expense, of all damages to such roads after haul is completed to place them in a condition as good as they were before removal of the load limits. Sectio n 105
1-46 (C) Furnishing a bond by the Contractor in an amount determ ined by the Engineer for the
roads. Furnishing a bond for the roads does not entitle the Contractor to exceed the posted load limits of any bridge.
D.Assumption by the Contractor of all costs of strengthening any bridges that may be necessary to safely haul loads up to statutory legal limits. The Department will, upon request by the Contractor, make a determination as to the method and extent of strengthening required for the bridges and will advise the Contractor as to the amount of work to be done or an e stimate of the charges for the work if performed by Department forces. When Department forces perform the work, the Contractor shall reimburse the Department in the amount of the actual charges for said work. When Contractor's forces perform the work, it shall be done in accordance with plans approved by the Engineer and under his inspection.
E.Indemnification of the Department against any and all claims from third persons arising out of or resulting from the hauling operation or the maintenance, or lack of maintenance, of haul roads. Haul roads shall be maintained for the Contractor's hauling operations and for the use of the general public. Equipment operated on proposed bridges shall comply with load restrictions in Table 105 -1. TABLE 105-1 RESTRICTIONS FOR EQUIPMENT ON BRIDGES Property Maximum Load in Pounds Axle load 36,000 Axle load on tandem axles 30,000 Gross load 90,000 The Contractor shall keep the bridge floor clean to reduce impact forces and place approved temporary guides on the bridge floor to position the wheel loads as nearly as possible over the bridge girders. Only one earth- moving vehicle shall be on a bridge at any time. Upon completion of hauling over each bridge, the Contractor shall clean the bridge floor, curbs and rails. Regulations pertaining to size and weight will not apply to equipment used on the project provided the vehicles involved are not operated on pavement, completed base course, or structures.
105-16 Failure To Maintain The Project Or Perform Erosion
CONTROL WORK Failure on the part of the Contractor to comply with Article 104-10 or to perform erosion control work as directed by the Engineer will result in the Engineer notifying the Contractor to comply with these Standard Specifications . In the event that the Contractor fails to begin such remedial action or fails to begin erosion control work within 24 hours after receipt of such notice with adequate forces and equipment, the Engineer may proceed to have the work performed with other forces. No payment will be made to the Contractor for work performed by others. Any costs incurre d by the Department for work performed by others as provided above in excess of the costs that would have been incurred had the work been performed by the Contractor will be deducted from monies due the Contractor on his contract.
105-17 Inspection and Acceptance
Upon completion of the entire project as determined by the Engineer , the Engineer will inspect the project for final acceptance. If all construction provided for and c ontemplated by the contract is found to be satisfactorily completed, the project will be accepted. The acceptance of projects in their entirety will not be altered except as listed below:
Source: North Carolina Standard Specifications for Roads and Structures, 2024 Edition. Pages 48–54 of 857.