- 44 - SECTION 105 -- CONTROL OF WORK
105.01 Authority of Engineer
1.The Engineer will decide all questions regarding:
a.The quality and acceptability of materials furnished.
b.The work performed.
c.The manner of performance and progress of the work. d. Interpretation of the Contract.
e.Fulfillment of the c ontract by the Contractor.
f.Compensation. g. Disputes pertaining to mut ual rights between Contractors.
h.Determination of the exist ence of differing site conditions.
i.Determination of working days or calendar days. j. Working drawing details. 2. The Engineer's decisions shall be final, and he/she shall have authority to enforce those decisions and orders which the Contractor fails to carry out promptly.
3.a. The Engineer will have th e authority, but not the duty, to suspend the work either wholly or pa rtially if the Contractor fails to:
1.Correct conditions unsafe to Department personnel or the traveling public.
2.Carry out provisions of the contract.
3.Carry out contract rela ted decisions of the Engineer.
4.Follow the plans and specifications. (5) Comply with any governing Federal, State or Local environmental quality regulation.
b.Work may also be suspended by the Engineer to protect the State’s interest and for conditions cons idered unsuitable for prosecution of the work.
c.While the Engineer may initially notify the Contractor verbally, the Engineer will notify t he Contractor in writing of all suspensions.
4.Contractor is solely responsible for worksite safety for employees of Contractor or any lower tier subcontractor or supplier, and Contractor understands that State has no duty concerning worksite safety to Contractor, Contractor’s subcontractors at any tier, or to employ ees of Contractor or any project subcontractor or supplier.
105.02 Plans and Working Drawings
1.The plans will be supplemented by such Contractor provided working drawings (shop plans) as are necessary to adequately control the work. It is mutually agreed that all authorized alterations affecting the requirements and information given in the plans shall be in writing and reviewed by the Engineer.
2.Contractor provided working dr awings shall consist of such detail as may be required of the Contractor for the prosecution of the work. They Control of Work 105.02 - 45 - shall include but are not necessarily lim ited to shop details. The Contractor shall not perform any fabrication work until the shop details have been reviewed by the Engineer. Erection plans, masonry layout diagrams, and plans for cribs, cofferdams, falsework, and form work, as well as any other working drawings not previously mentioned, may be required of the Contractor and may be subject to the Engineer's review.
3.No changes shall be made in any working drawing after it has been reviewed except by a written acknowledgement from the Engineer.
4.Department review is solely for the Department’s purposes and the Department has no duty to review the working drawings for compliance with the terms of the contract or applicable standards. It is expressly understood that the Engineer's review will not re lieve the Contractor of its sole responsibility for all aspects of the wo rking drawings. In no event shall the Department be responsible for any as pects of the Contractor’s working drawings.
5.The contract prices include the cost of furnishing all working drawings.
6.a. The Contractor shall provid e electronic working drawings in a Portable Document Format (PDF). The PDFs shall be sized to print on an 11x17 inch sheet of paper and have a minimum resolution of 300 dpi. Each sheet of the shop drawings shall have a space provided for an electronic stamp that measures 2.5 inches x 3.5 inches when printed.
b.Electronic working drawing files shall be named with the following file naming format: Control Number_Brief Description_Date.pdf For example: 12345_FloorDrains_05Feb2015 12345_FloorDrainCoverLetter_05Feb2015 c. The project number, control number, and project location as it appears on the plans shall be shown on the front sheet of each Shop Drawing file. Structure numbers shall be included, if applicable.
7.No electronic working drawings shall be submitted to the Engineer unless they have been checked by the Contractor. The electronic submittal shall be accompanied by a Contractor’s letter of approval in a PDF format. This letter shall also be named with the format shown in the example above. The letter of approval shall clearly indica te that the Contract or is responsible for any errors on the working drawings.
8.a. Electronic submittals shall be submitted by email to the following address: DOR.ShopDrawings@nebraska.gov
b.Attachments shall be limited to 25 MB of data per email. Larger files shall be separated and sent in multiple emails.
c.Electronic working drawings will only be accepted from the Prime Contractor.
9.Any reference to hard copy shop drawings in the contract shall be considered void.
105.03 Control of Work
- 46 - 105.03 -- Conformity with Plans and Allowable Deviations
1.All work performed and all materials furnished shall be in reasonably close conformity with the lines, grades, typical sections, dimensions, material requirements, and tolerances shown in the contract or indicated in the specifications.
2.a. The Engineer has the authori ty to totally reject nonconforming materials or work or to accept them at a reduced cost.
b.If the nonconforming materials or work are allowed to remain in place at a reduced cost, the Engineer will provide written notice to the Contractor of the monetary deduction that will be imposed.
c.If the nonconforming materials and/or work are rejected, the Contractor shall remove and replace or otherwise correct the work and materials at no additional cost to the Department.
105.04 Coordination of Plans, Sp ecifications, Special Provisions, and
Supplemental Specifications
1.a. These Specific ations, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the contract. A requirement occu rring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete project.
b.In case of a discrepancy: (1) Supplemental specific ations shall govern over the Standard Specifications .
2.Special provisions shall govern over Standard Specifications , supplemental specifications, and the plans.
3.Plans shall govern over Specifications .
4.Special plans shall govern over standard plans. (5) Computed dimensions shall govern over scaled dimensions.
c.When cross-references ar e made between Divisions in the Standard Specifications , the Contractor shall be responsible for determining whether the referenced Divisions have been subsequently voided, superseded, or amended by the supple mental specifications or special provisions.
2.The Contractor shall not take advantage of any apparent error or omission in the plans or specifications. Upon discovery of such an error or omission, the Contractor shall notify the Engineer immediately. The Engineer will then make such corrections or inte rpretations as necessa ry to fulfill the intent of the plans and specifications.
105.05 Cooperation of Contractor
1.The Contractor shall keep one complete set of the plans and specifications on the worksite at all times.
2.The Contractor shall cooperate with the Engineer, Inspectors, and other Contractors in every way possible. Control of Work 105.07 - 47 - 3. a. The Contractor shall desi gnate a superintendent who will be on the worksite at all times when work is being performed. The designated superintendent may be an employee of an approved Subcontractor.
b.The designated superintendent shall be: (1) Capable of reading and thoroughly understanding the plans and specifications.
2.Experienced in the type of work being performed. (3) Authorized to act as the Contractor's agent. (4) Authorized to receive inst ructions from the Engineer or an authorized representative.
5.Authorized to execute th e orders or directions of the Engineer without delay and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required.
105.06 Cooperation with Utilities
1.The Department will notify all known utility companies, pipeline owners, railroads, or other parties affected by the work and endeavor to have all necessary adjustments of t he public or private utility fixtures, pipelines, and other facilities within or adjacent to the limits of construction made as soon as practicable.
2.Water lines, gas lines, wire lines, service connections, water and gas valve boxes, light standards, cablew ays, signals, and all other utility facilities within the limits of the prop osed construction are to be moved by the owners at no expense to the Contra ctor, except as otherwise provided for in the contract.
3.It is understood and agreed that the Contractor has considered in the bid all of the permanent and temporar y utility facilities in their present or relocated positions as shown in t he contract and that no additional compensation will be allowed for any delays, inconvenience, or damages sustained due to any interference from the said utility facilities or the operation of moving them.
105.07 Cooperation Between Contractors
1.The Department reserves the right at any time to contract for and perform other additional work on or near the work covered by the contract.
2.a. When separate contracts are let within the limits of any one project, Contractors shall conduct their wo rk so as not to interfere with or hinder the progress or completion of the work being performed by other Contractors.
b.Contractors working on the same project shall cooperate with each other. In case of a dispute, t he Engineer shall intervene; and his/her decision shall be final and binding on all parties.
3.Each Contractor involved shall assume all liability, financial or otherwise, in connection with the contract and shall protect and save harmless the Department from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced because of the presence and operations of other Contract ors working within the limits of the same project. The Contractor shall assume all responsibility for work not
105.07 Control of Work
- 48 - completed or accepted because of the presence and operations of the other Contractors.
4.The Contractor shall, as far as possible, arrange the work and place or dispose of the materials being used so as not to interfere with the operations of other Contractors within the limits of the same project.
5.The Contractor shall coordi nate the work with the other Contractors.
105.08 Authority and Duty of the Inspector
1.Department inspectors are aut horized to inspect all work performed and all materials furnished. Such inspection may extend to the preparation, fabrication, or manufacture of the materials. The inspector has the authority to reject work or materials until any issues can be decided, including the right to suspend work. The inspector is not authorized to alter or waive the provisions of the contra ct or act as a supervisor for the Contractor. The inspector is not authorized to accept work performed or materials furnished.
105.09 Inspection
1.a. All materials and each par t or detail of the work shall be subject to inspection by the Engineer. The Contractor or fabricator shall allow and provide safe, free, and immedi ate access to all parts of the work and furnish whatever assistance and information may be required to make a complete and detailed inspection.
b.Inspection of the work does not constitute acceptance of the work.
2.a. At any time prior to final acceptance of the work, the Contractor shall remove, uncover, or provide other means for examination of portions of the finished work if directed to do so. After the examinati on, the Contractor shall restore the work to the st andard required by the contract.
b.Should the same work prove compliant, the work of examining, uncovering and covering, removing and replacing, or making good the parts removed shall be paid for as "extra work". Should the work prove noncompliant, even though it may be determined to be acceptable, those same items of work shall be done at no additional cost to the Department.
3.The Department may elect to reduce or eliminate inspection on some phases of the work. However, work done or materials used with or without inspection by the Department may be ordered removed and replaced without compensation if the work does not meet contract requirements.
105.10 Removal of Noncompliant and Unauthorized Work
1.Work which does not conform to the contract requirements will be considered noncompliant unless found to be acceptable under the provisions of Subsection 105.03.
2.Noncompliant work found to exis t before the final acceptance of the work shall be removed immediately and replaced at no additional cost to the Department.
3.Work done contrary to the inst ructions of the Engineer, work done contrary to the lines or limits shown in the contract or those established by the Engineer's construction stakes, or any "extra work" done without proper authority will be considered unauthorize d; and no payment is authorized for Control of Work 105.11 - 49 - this work. The Engineer may require unauthorized work to be removed or replaced at no additional cost to the Department.
4.If the Contractor fails to comp ly with directions given by the Engineer, as provided in Paragraphs 2. and 3. of this Subsection, the Engineer shall engage another party or use other appropriate means to remedy, remove, and/or replace noncompliant and unauthorized work and collect money for the costs from the Contractor or the Bonding Company.
105.11 Restriction on Moving and Use of Heavy Equipment
1.The movement of heavy equipment to and from the work and over the pavement structure and st ructures which are a part of the work shall be done in compliance with the laws governing the operation of vehicles on the highways of the State. A special permi t will not relieve the Contractor of liability for damage which may result from the moving of equipment.
2.In the case of earthwork and shouldering to be done in connection with pavement widening and resurfacing, no tractor-drawn earth moving equipment shall be operated or driven on or across the pavement except as authorized by the Engineer.
3.In the performance of the cont ract work, earth moving equipment equipped with flotation or pneumatic tires may be operated over concrete pavement, concrete base courses, and bituminous or asphaltic concrete surfaces which are a part of the project, provided the load on any single axle does not exceed 34,000 pounds (15,500 kg). This will not relieve the Contractor of liability for damage which may result.
4.Trucks shall comply with all Federal, State, and local laws governing vehicular operation.
5.No crane, excavator, or dragline shall be operated with any part of the machine resting directly upon a pavement, bituminous or asphaltic concrete surface, base course, or stru cture without the written permission of the Engineer.
6.Under no conditions, shall machines equipped with metal lugs or similar projections on the treads be o perated on the surface of a concrete pavement, asphaltic concrete surface, base course or structure.
7.Crawler type equipment shall be operated in a manner that will avoid damage to paved and base course surfacing and shall not move on or off a concrete pavement, asphaltic concrete surface, base course or structure except at places where the compacted earth adjacent to the slab is at least 2 inches (50 mm) higher than the surface of the pavement or base course or where a substantial timber ap proach has been built at the edge of the slab to prevent damaging the edge of the slab or surface course. Any damage shall be repaired as directed by the Engineer at no expense to the Department.
8.Equipment mounted on either crawler tracks or pneumatic tires shall cross bridges at such speed and at such a location with reference to the centerline of the bridge as the Engineer directs.
9.Construction equipment moun ted on pneumatic tires and whose axle loading and spacing do not conf orm to the statutory limitations or posted capacity of the bridges will not be allowed to cross bridges unless the Contractor obtains written permission from the Engineer.
105.11 Control of Work
- 50 - 10. Construction equipm ent mounted on crawler tracks with a gross weight of more than 23 tons (21 Mg) will not be allowed to cross any bridge without specific written permission from the Engineer.
11.Construction equipm ent mounted on crawler tracks with a gross weight of more than 15 tons (13.6 Mg) will not be allowed to cross any bridge having timber stringers or a ti mber floor without specific written permission from the Engineer granted for that particular bridge.
12.Hauling vehicles will be allowed to move on new concrete pavement or concrete base courses under the following provisions:
a.The concrete shall hav e reached its design strength.
b.When moving equipment on or across concrete or asphalt pavement, the contractor shall provide at least a 12 inch (300 mm) thick ramp of compacted earth or other suitable material which will support the vehicle and prevent damage to the pavement.
c.The distance from the edge of the pavement to the edge of any wheel of the vehicle sha ll be not less than 2 feet (600 mm) except as the vehicle enters or exits the new pavement.
13.The Contractor shall be respons ible for all damages done by the equipment.
105.12 Use of Land
1.When using land outside of the highway right-of-way for any purpose, the Contractor must have consent of the owners. The Contractor shall be solely responsible for negotiating the terms for use and access.
105.13 Tentative Acceptance of Portions of the Project
1.a. If at any time during the pr osecution of the wo rk the Contractor completes to the satisfaction of the Engineer a unit or portion of the work, such as a structure, an interchange, or a section of road, grading, or pavement, the Engineer may tent atively accept that unit.
b.The section or unit that is being tentatively accepted will be inspected, tentativel y accepted in writing, and tu rned over to the Department for maintenance.
c.Such tentative acceptance shall not in any way be construed as final acceptance of the entire project.
d.The Contractor will not be held responsible for care and maintenance of the completed work and for damages to portions of the project which have been tentatively accepted.
e.If the traveling public should cause damage to the tentatively accepted work, the Contractor will not be held responsible and shall assist the State in identifying the responsible party. The Contractor shall, at a minimum, especially if present at the ti me of the damage, record and furnish to the Department all pertinent in formation regarding the accident (who caused the damage; when the damage occurred; and how the damage occurred, etc.).
2.Maintenance of lighting system s, trees, plants and shrubs, and erosion control measures like silt f ence and bale checks that are located in tentatively acc epted areas shall continue to be the Contractor's responsibility Control of Work 105.14 - 51 - until the project is finally accepted. If the Contractor fails to perform maintenance in a tentatively accepted area, then upon written notification by the Engineer, the t entative acceptance shall be revoked.
3.a. The Contractor will not be held responsible for damages to portions of the project which have been te ntatively accepted in writing by the Engineer prior to final approval and acceptance of the project, provided such damages are due to the actions of the elements or to the action of traffic.
b.The Contractor shall be responsible for any damages which may have resulted from defective work or because of noncompliance with the plans, specifications, or an y other contract requirements.
c.The Contractor shall be respon sible for any direct or collateral damage that results from the perform ance of the work required in the contract.
105.14 Final Inspection
1.Upon notification by the C ontractor that the work has been completed, the Engineer shall make a prompt final inspection. If any part of the work has not been completed in acco rdance with the requirements of the contract, the Contractor shall be advised as to the particular defects to be remedied.
2.When a final inspection verifies all work is complete, the Engineer shall tentatively accept the work. The Engineer will send the Contractor a letter relieving him/her of further responsibility for the care and maintenance of the completed work. In addition, the letter shall also relieve the Contractor of further public liability provided that all equipment and materials have been removed from the right-of-way.
3.The Contractor shall remain responsible for any damages which are due to or caused by defective work or because of noncompliance with the contract. - 52 - SECTION 106 -- CONTROL OF MATERIAL
106.01 Sources of Supply of Materials
1.Unless otherwise provided, mate rials used in the work shall be new and conform to the requirements of Subsection 105.03.
2.In order to expedite the inspection and testing of materials, the Contractor shall advise the Engineer at least two weeks before delivery of materials.
3.Subject to the approval of al l regulatory agencies, the Contractor will be allowed to drill wells within the right-of-way limits for the purpose of securing water for the contracted construction. The Contractor shall comply with Nebraska State Title 178, Chapters 10 and 12. The water well driller/Contractor must be Nebraska licensed. No charge will be made for any water removed from these wells. When a well is no longer needed, it shall be abandoned in accordance with applicable laws and regulations (see Nebraska State Title 178, Chapter 12).
106.02 Samples, Tests, and Cited Standards
1.All materials are subject to inspection and testing by the Engineer before incorporation in the work. Howe ver, the Engineer may waive any of the requirements regarding determination of quality for small quantities of materials and small or noncritical structures. Any work using untested and unacceptable materials without written permission of the Engineer shall be performed at the Contractor's risk subjec t to the conditions in Subsection 105.03.
2.All materials being used are subject to inspection, tests, and rejection at any time.
3.Sampling and testing shall be do ne by the Department, its agents, or the Contractor as specified.
4.Upon request, copies of all test results will be furnished to the Contractor. The results may be posted on the Department’s website at the discretion of the Engineer in li eu of furnishing the results.
5.The frequencies and methods of sampling and testing materials, including those required for a definite purpose and not covered by the contract, will be sampled and tested according to the Department's Materials Sampling Guide and Standard Methods of Tests , unless otherwise specified. The testing of materials not covered by the Department's Standard Methods of Tests will be tested according to the standard test methods of AASHTO and ASTM. All testing and sampling will be performed in accordance with the latest documents or publications in effe ct at the time of letting. If there is a difference in the test methods, the or der of precedence will be as follows: Precedent Orde r - Department’s Standard Method of Tests - AASHTO - ASTM
6.The following provisions will apply when the Department uses the specifications or methods fr om the sources named below:
a.(1) ASTM - American Society for Testing and Materials. The ASTM designation number refers to the Society's latest adopted or tentative standard as published in its entirety in the bound volume. The standard or
Source: Nebraska Standard Specifications for Highway Construction, 2017 Edition. Pages 78–85 of 1,048.