105CONTROL OF THE WORK

New Hampshire Department of Transportation Standard Specifications – 2016

105.01Authority 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 by the Contractor. The Engineer will suspend the Work, wholly or in part, for such periods as may be necessary due to the Contractor’s failure to correct conditions unsafe for the Project personnel or general public, or carry out provisions of the Contract, or carry out orders of the Engineer. Work may also be wholly or partially suspended for periods necessary due to existing or forecasted unsuitable weather, or for conditions considered unsuitable for the prosecution of th e Work such as hazardous materials, directives of the New Hampshire Department of Environmental Services, Air Resources Division, implementing emergen cy episode procedures, or any other condition or reason deemed to be in the Department’s interest. For suspensions due to these causes, refer to 104.02.D Suspensions of Work Ordered by the Engineer.

105.02Plans and Working Drawings

Plans shall be supplemented by Contractor-prepared working drawings as found necessary to control the Wor k and its prosecution. Working drawings consisting of details that are not included in the Plans but required for the Work shall be furnished to the Department. Manufacturer’s Engineering data for prefabricated material, including that for falsework and forms, shall be furnished with each set of working drawings. The Contractor shall submit to the Engineer for approval or documentation the required Working Drawings. Copies of any calculations required to prepare the Working Drawings shall be furnished wi th the drawings. The Working Drawings shall be furnished well in advance of the Work to allow the Engineer time to review or distribute the working drawings. Any work done or materials ordered for work shown on the working drawings prior to approval or distribution of the drawings shall be at the Contractor’s risk. Working Drawings for Approval. Working drawings submitted for approval shall include, but not be limited to; the following: • shop fabrication drawings (3 sets), • bending diagrams when required for reinforcing steel (3 sets), • Storm Water Pollution Prevention Plan (4 sets), • Detour Plans*, Contractor Designed (3 sets), or any other working drawings where approval is required by the Contract. *The Contractor may propose detours not shown on the Plans. The Contractor shall submit proposed detour plans in triplicate for approval, which shall show the proposed location, layout, grade, typical cross section, protective fixtures and signing. The Contractor shall submit the required sets of working drawings for approval to the Engineer for review. The Engineer will be allowed up to fifteen (15) working days for review of each submission. If the Engineer has not responded to the Contractor after fifteen working days, the Contractor shall contact the Engineer to inquire about the status of the submittal. If the Engineer requires more time for review and the Contractor believes that it is entitled to an extension of the Contract Time due to this additional review time, the Contractor shall request a time extension and proceed as required by 104.02 and 108.07. A delay caused by additional time required for review is a Noncompensable Delay. Each resubmission including requests for additional information will be treated as a new submission and may require up to fifteen (15) working days for review by the Engineer. The fifteen working days will begin upon arrival at the Bureau of Construction’s main office. The review will be considered complete when the date and status has been placed on the submittal. One set of the drawings will be returned to the Contractor marked approved or with corrections to be made. After approval has been given, the Contractor shall supply the Engineer with six sets, or seven sets if a design consultant is involved in the project, of the revised Working Drawings. Working Drawings for Documentation. Working drawings submitted for documentation shall include, but are not limited to the following, unless otherwise noted in the Contract: • Progress Schedules, • temporary bridge plans, • removal of existing bridge structure plans, • cofferdam plans, • water diversion structure plans, • plans of precast elements to be designed by the Contractor, • erection plans, • temporary support systems,

New Hampshire Department of Transportation Standard Specifications – 2016 • falsework plans, • scaffolding plans and bridge analysis, • sign structure plans, • traffic signal poles and mast arm plans, or • any other working drawings for documentation required by the Contract. Working Drawings for documentation, excluding the Progress Schedule, shall be prepared, stamped, and signed by a Licensed Professional Engineer licensed in the State of New Hampshire. The Contractor shall submit five sets of working drawings for documentation to the Engineer for distribution a minimum of fifteen working days prior to commencing work shown on the working drawings. Working drawings for documentation will be placed in the Department’s project files as a record of the Contractor’s method of operation. The Departmen t reserves the right to return the working drawings for revisions based on the content and non-conformance with the Plans and Specifications. The Contract Amount will include the cost of furnishing all Working Drawings. The Engineer’s receipt of documentation or distribution of the Contractor’s Working Drawings does not relieve the Contractor from responsibility under the Contract for errors in dimensions, incorrect fabrication and erection processes, design requirements specified or successful completion of the Work.

105.03Conformity with Plans and Specifications

Work performed and materials furnished shall be uniform in character and meet the Contract dimensions and material requirements according to tolerances specified in the Contract. If tolerances are specified, deviations beyond the specified limits will be unacceptable. When tolerance limits are not specified, and only single dimensions are indicated, such dimensions are to be regarded as nominal dimensions. If the materials furnished, work performed, or the finished product does not conform with the Contract, but adequately addresses the design purpose, the Engineer will determine the conditions under which the Work will be accepted and allowed to remain in place unless there are other provisions in the Contract that provide for this determination. Where this determination is made by the Engineer rather than Contract provisions, the Engineer will document the basis of acceptance by Contract Revision . The revision will provide for an appropriate adjustment in the Contract Amount for such work or materials as necessary to support the Engineer’s determination. If the materials, work performed, or the finished product do not conf orm with the Contract and results in an unsatisfactory or unacceptable product, the work or materials shall be removed and replaced or otherwise corrected to the satisfaction of the Engineer at the Contractor’s expense. If there are provisions in the Contract (QC/QA provisions) for the acceptance of material or work that is not in full compliance with the minimum requirements stated, the use of pay adjustment factors reflecting the payments to be made for the Work or Materials will be included in the applicable Subsection concerning method of measurement and basis of payment or in a separate Subsection.

105.04Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions

The Specifications, Supplemental Specifications, Plans, Special Provisions, other special Contract requirements and all supplemental documents are essential parts of the Contract and a requirement occurring in one is as binding as though occurri ng in all. They are intended to be complementary and to describe and provide for a complete Contract. In case of discrepancy between these Contract documents, calculated dimensions, unless obviously incorrect, will govern over scaled dimensions and the parts of the Contract will prevail in the following descending order: Special Contract Requirements * Special Provisions Plans Supplemental Specifications Standard Details Standard Plans * Including, but not limited to, Prosecution of Work, Traffic Control Plan and Special Attentions in the mentioned descending order. The Contractor shall not take advantage of any apparent error or omission in the Contract. If an error or omission is discovered, the Engineer shall be notified in accordance with 104.02 so corrections and interpretations necessary to fulfill the intent of the Contract can be made.

New Hampshire Department of Transportation Standard Specifications – 2016 When general reference is made on bridge plans to “ AASHTO Specifications,” it shall refer to the AASHTO publication entitled “ LRFD Bridge Design Specifications.” The reference shall be to the current edition of such specifications, or latest revision adopted thereof and in effect on the date of invitation for bids.

105.05Cooperation by the Contractor

With the exception of the Standard Specifications and Standard Plans, the Contractor will be supplied with a minimum of two sets of the Contract. The Contractor shall keep one set available on the Project at all times. The Contractor shall give the Work the constant attention necessary to facilitate progress, and shall cooperate with the Engineer, Department inspectors, and other Contractors. The Contractor shall have on the project site, at all times when the Work is being performed, a competent English -speaking Superintendent or other authorized representative in responsible charge of the Work. Said individual shall be thoroughly qualified and fully authorized to execute the responsibilities of a Superintendent as described herein. The individual shall not be an owner, employee, or have any affiliation with any firm which is acting as a Subcontractor on the project. The Superintendent shall receive instructions from the Engineer or authorized representatives, be authorized to act for the Contractor as agent on the Work, and have full authority to execute orders or directions of the Engineer without delay. The Contractor shall promptly supply, irrespective of the amount of work sublet, the necessary Materials, equipment, tools, labor, and incidental items to complete the Contract. Should the Contractor , or any of its duly authorized representatives, fail to cooperate to the extent that the integrity of the Work is compromised, or the safe prosecution of the Work is jeopardized, the Engineer may immediately suspend all Work. Any unsafe conditions will be corrected by the Contractor and the uncooperative person or persons shall be removed from the Project before the resumption of the Work. Failure to rectify the situation may result in the termination of the Contract in accordance with the provisions of 108.11.

105.06Cooperation with Utilities

Utility items that are to be relocated or adjusted by the utility, others, or the Contractor will be shown in the Contract. All utility facilities and appurtenances within the construction limits will be shown on the Plans and relocated or adjusted at the utility owner’s expense, unless otherwise specified. The locations of these utilities are as provided by the utility owners and may not be exact, particularly with regard to underground installations. Contractor work procedures are to account for the inaccuracy inherent in the representation of their location. Attention is directed to the possible existence of underground facilities not known to the Department. New Hampshire State Law, RSA 374:48- 56, requires that anyone who excavates in a public way or utility easement must notify the utility damage prevention system, DIG-SAFE, at least 72 hours prior to starting work. The Contractor shall be responsible to notify the DIG -SAFE Call Center (Tel. No. 1 -888-DIG SAFE (1-888-344-7233)) at least 72 hours in advance of starting any excavation or erecting permanent construction signing. Saturdays, Sundays, and legal holidays are not to be included in the computation of the required 72-hour notice. The Contractor shall provide the Engineer with the date, time, numbers assigned, and the name of the person answering the call at the DIG-SAFE Center. Notice of intent to excavate cannot be made more than 30 days prior to actual work. All utility facilities within the proposed Work, including advance construction sign locations, should be identified and marked prior to construction. Suspension of th e Work for more than 30 days at any time will require re-notification of the DIG-SAFE Center to ensure validity of markings and to protect interim utility construction. The Contractor shall provide sufficient lead time to allow for Contractor layout of advance permanent construction signs and excavation areas prior to the start of the 72-hour period required by DIG-SAFE. The Contractor shall additionally notify municipal and privately -owned utilities to identify, locate, and mark their facilities separately from those to be located through the DIG-SAFE system. Once located and marked, the Contractor shall maintain all utility markings and provide access to any and all installations to permit repairs and maintenance of service as needed. The Contractor shall cooperate with utilit y owners in the removal and rearrangement of underground or overhead utility facilities to minimize interruption to utility services and duplication of work by the utility owners. Facilities or appurtenances that are to remain in place during construction shall be accounted for and protected by the Contractor’s work procedures. The fact that an underground facility is not shown on the plans shall not relieve the Contractor of its responsibility under this Section. At points where the Contractor ’s operatio ns are adjacent to properties of railway, telecommunications, gas, and electric power companies, and other utilities, or are adjacent to other property where damage mi ght result in considerable expense, loss, or inconvenience, Work shall not commence until all arrangements necessary for the protection thereof have been made. The Department will notify all utility companies, pipe line owners, or other parties affected by the Work and have all necessary adjustments of the public or private utility fixtures and appurtenances within or adjacent to the construction limits made as soon as possible.

New Hampshire Department of Transportation Standard Specifications – 2016 In the event utility services are interrupted as a result of damage within the Limits of Construction, the Contractor shall notify the appropriate utility authorities and cooperate with them until service has been restored. Work shall not commence around fire hydrants until provisions for continued service have been made and approved by the local fire authority. Repairs to damaged utilities caused by carelessness or omi ssions on the part of the Contractor shall be corrected at the Contractor’s expense. The damaged facilities shall be restored to a condition similar or equal to that existing before the damage occurred. It is understood and agreed that the Contractor has considered in its bid all of the permanent and temporary utility facilities in their present or relocated positions as shown on the Plans and as evident on the site, and that no compensation will be allowed for any delays, inconvenience, or damage sustained due to any interference from such utility facilities or the operation of moving them. Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in protecting or repairing property as specified above shall be considered as included in the prices paid for the various Contract items of work and no compensation beyond the amounts provided for in the Contract will be allowed therefore. Should the Contractor desire to have any rearrangement made of any utility facility, or other improvement, for the Contractor’s convenience in order to facilitate construction operations, which rearrangement is in addition to or different from, the rearrangements indicated in the Contract, the Contractor shall make whatever arrangements are necessary with the owners of such utility or other non-highway facility for such rearrangement and bear all related expenses. If utility facilities or appurtenances are found that are not noted in the Contract, the Engineer will determine whether adjustment or relocation of the utility is necessary to accommodate construction and proceed to make necessary arrangements with the utility owner or the Contractor if the work necessary is not otherwise specified. If the Contractor believes that it is entitled to compensation or a time extension based on the Engineer’s determination or arrangements, then the Contractor shall proceed in accordance with Section 104.02, including providing notice as required by 104.02.G.

105.07Cooperation Between Contractors

The Department reserves the right at any time to Contract for and perform other or addit ional work on or near the Work covered by the Contract. When separate Contracts are let within the limits of any one project or on adjacent projects, each Contractor shall conduct the Work without interfering or hindering the progress or completion of the work by other Contractors. Contractors working on the same project or adjacent projects shall cooperate with each other in a manner to serve the best interest of the State. In case of any unavoidable interference, the Engineer will determine priorities. Each Contractor involved shall assume all liability, financial or otherwise, in connection with the Contract and shall protect and save harmless the Department from damages or claims that may arise because of inconvenience, delays, or loss experienced because of the presence and operations of other Contractors working within the limits of the same project. The Contractor shall arrange the Work and place and dispose of materials being used without interfering with operations of the other Contractors within the limits of the same project or on adjacent projects. The Work shall be coordinated with the work and sequence of other Contractors.

105.08Construction Stakes, Lines, and Grades

The Engineer will set stakes and furnish data necessary to establish the line and grade of the finished surface, the lines an d grades of all waterways and structures, and such other points and bench marks as are necessary to lay out the Work correctly. This “ initial” layout will include control points, bench marks, line ties, and leveled side stakes as required for grade control and reproduction of construction center line. It will also include bridge tar gets, line ties, and reference stakes for bridges, retaining walls, and full span overhead sign structures. The Engineer will take cross sections or topographic cross sections as required to complete measurement of quantities as provided in 109.01. This work includes reference points, base lines, stakes, bench marks, and cross sections for borrow pits where applicable. The Engineer will stake and reference all required Rights-of-Way, easement limits, and bounds. The Contractor shall cooperate in the setting and shall be responsible for the preservation of all “ initial” layout stakes and marks, and if any of the construction stakes or marks have been carelessly or willfully destroyed or disturbed by the Contractor , the cost of replacing them will be charged against the Contractor and will be deducted from the payment for the work. Damaged or destroyed points, bench marks, or stakes or any reference points damaged or made ina ccessible by the progress of the construction shall be replaced or transferred by the Contractor, subject to verification by the Engineer. Replacement of all “ initial” layout (with the exception of side stakes or drainage reference stakes) shall be perfo rmed by or under the direction of a Licensed Land Surveyor. The Contractor shall perform all necessary layout work not specified above in order to construct all elements of the Project as shown on the Plans and specified in the Contract. This work shall i nclude, but shall not be limited to, stakeout necessary for re - establishment of line and grade as earthwork operations progress, stakeout, layout, and elevations as required for structures, forms, pile layouts, and paving. Prior to paving, the Contractor shall perform all work necessary to set the blue top stakes for fine grading.

New Hampshire Department of Transportation Standard Specifications – 2016 The Contractor shall perform all required layout work with competent, qualified personnel to meet minimum Third -order, Class I survey accur acy and procedures (Horizontal: 1 in 1 0,000, Vertical: 0.05 ft. X milesin distance Any error, apparent discrepancy, or absence of data in the Department’s “ initial” layout shall be referred to the Engineer in writing for correction or interpretation. The Contractor is solely responsible for the accuracy of the Work. All computations necessary to establish the exact position of the Work from control points shall be made and preserved by the Contractor. All computations, notes, and other records necessary to accomplish the Work shall b e neatly made. Such computations, notes, and other records shall be made available to the Engineer upon request. The Engineer may check all or any portion of the layout, stake-out, or notes made by the Contractor. Any necessary correction to the Work shall be made immediately by the Contractor . Such checking by the Engineer will not relieve the Contractor of any responsibilities for the accura cy. or completeness of the work. Rechecking, by the Engineer, of any portion of the Contractor’s layout, stakeout, or notes will be charged against the Contractor and will be deducted from the payment for the work. No entitlement to additional compensation will be considered because of alleged inaccuracies unless the Contractor notifies the Engineer in accordance with 104.02.

.1 No work to establish line and grade will be provided by the Department on resurfacing areas

.2 On recycling or reclamation areas the Department will not establish line and grade. The Contractor shall supply all

material and perform all work to determine the existing line and grade and cross-slopes prior to recycling or reclamation work and establish finished line, grade and cross -slopes. Original plans and c omputed cross -slopes at curves will be provided by the Engineer. The Contractor shall determine and lay out, with survey instruments, the finished alignment at 50 -foot intervals including all horizontal curve points (PC, PI, PT, spiral to curve (SC), spiral to tangent (ST), and POC as required). The Contractor shall lay out and set all grade control necessary to complete the final grading.

105.09Authority and Duties of Representatives of the Engineer

As the direct representative of the Engineer, the Contract Administrator has immediate charge of the Engineering details of each construction project and is responsible for the administration and satisfactory completion of the Project. The Engineer may appoint such representatives as desired. All representatives have authority to give directions pertaining to the Work or to the safety and convenience of the public, to approve or reject materials, to suspend any work that is being improperly or unsafely performed, to make measurements of quantities, to keep records of costs, and otherwise represent the Engineer. The Contractor may, however, appeal their decision to the Engineer, but any work done pending resolution is at the Contractor’s own risk. Except as permitted and instructed by the Engineer, the representatives are not authorized t o revoke, alter, enlarge, relax, or release any requirements of the Contract, nor to issue instructions contrary to the Contract. They are not authorized to act in a supervisory capacity for the Contractor or to interfere with the management of the Work b y the Contractor. Any advice that the assistants or representatives of the Engineer may give the Contractor shall not be construed as binding the Engineer or the Department in any way, nor releasing the Contractor from the fulfillment of the terms of the Contract. All transactions between the Contractor and the representatives of the Engineer that are subject to protest or where payments are involved shall be made in writing.

105.10Inspection of Work

Materials and each part or detail of the Work shall be subject to inspection by the Engineer. The Engineer shall be allowed and provided safe access to all parts of the Work and shall be furnished with information and assistance by the Contractor as required to make a complete and detailed inspection. The Contractor shall remove or uncover such portions of the finished Work if directed by the Engineer. After examination, the Contractor shall restore the Work to the standard required by the Contract. Should the Work prove acceptable, the uncovering, removing, and the replacing of the covering or making good of the parts removed will be paid as provided for in 109.04 . Should the Work prove unacceptable, the uncovering, removing, and replacing of the covering or making good the parts removed, shall be at the Contractor’s expense. Work done or materials used without supervision or inspection by an authorized Department representative may be ordered removed and replaced at the Contractor’s expense, unless the Department representative failed to inspect the Work after having been given reasonable notice in writing that the Work was to be performed. When any unit of government or political subdivision, utility, or any corporation is to accept or pay for a portion of the Contract cost or has an interest in the Work for other reasons, its representatives shall have the right to inspect the Work. The inspection by these agencies does not make them a party to the Contract nor will it change the rights of the Contract parties.

105.11Removal of Unacceptable and Unauthorized Work

Work that does not conform to the Contract requirements will be considered unacceptable, unless accepted under the provisions of 105.03.

New Hampshire Department of Transportation Standard Specifications – 2016 Unacceptable Work, whether the result of poor workmanship, use of defective or unapproved materials, damage through carelessness, or any other cause found to exist before Acceptance of the Work, shall be removed and replaced at the Contractor ’s expense. Work done contrary to instructions received fr om the Engineer, or beyond the Limits of Construction except as specified , without permission of the Engineer is considered unauthorized and will not be considered for payment. Corrective work meetin g the Contract provisions shall be at the expense of the Contractor. If the Contractor fails to proceed promptly or provide written notice of intent to proceed, with the performance of corrective work ordered by the Engineer, after 48 hours’ notice, the Eng ineer has the authority under this Subsection to have the unacceptable work removed and remedied by others and to deduct the cost of the work by others from the money due the Contractor.

105.12Construction Zone(s)

Pursuant to the authority granted the Co mmissioner of Transportation under RSA 266:20, construction zones are established in accordance with the following: A construction zone will be established for any highway or related part thereof designated for construction, reconstruction, or repair by the Department. For the purpose of definition, the limits of the Construction Zone(s) will be the beginning and end of the designated Project, or portions thereof, including approaches and connections as denoted within the Contract Special Provisions. The C onstruction Zone will become effective at the time the construction signs are erected and will remain in force until the signs are removed. Use of construction and maintenance equipment within limits of Construction Zone(s) will be as allowed in 105.13. Extension of the Construction Zone outside the limits noted above may only be granted upon written request and issuance of a Construction Zone extension permit. The permit will expire upon removal of the construction signs, as noted above, or by letter from the Engineer, if conditions warrant an earlier suspension. (Extensions of the Construction Zone will not be permitted on the Interstate System due to the vehicle weight limitations of Federal law 23 USC 127.)

105.13Load Restrictions

legal or posted gross loads for any bridge or highway being used outside a Construction Zone as referenced in

RSA 266:18-d to the weight limitations of RSA 266:18-b. Without written authorization from the Engineer, heavy “ off-road” hauling equipment shall not be allowed on pavement that is (or will be subject to use as) a public highway. When such highways are in use by the Contractor and the public, authorization will be contingent upon an approved clear zone or approved physical barrier between construction equipment and the public.

in writing by the Engineer. Requests for such authorization shall be in writing and shall indicate the length of the vehicle, the type and amount of gross load with the location and the load distribution to each axle. Authorization will specify the maximum speed and location of loads relative to the centerline of the bridge. New concrete bridge decks shall be closed to traffic, including the Contractor’s trucks and equipment, for a period of time as specified in 520.3.11.2 with the following exception: Lightweight vehicular loads weighing less than 6,000 lb. GVW will be allowed after the concrete test cylinders have attained 80 percent of the minimum compressive strength of the specified deck concrete. Heavier loads may be permitted upon written request and authorization in the same manner as for gross loads in excess of the legal gross loads.

structures, to the roadway, or to any other work. Hauling of materials over the pavement base course or surface course under construction shall be subject to approval by the Engineer. The Contractor shall be responsible for all damage done by the Contractor ’s equipment. No permit or approval will relieve the Contractor of liability for damages. It is specifically called to the Contractor’s attention that highways not on the State system are the property of the municipality within which they are located. Such highways are maintained and regulated by the municipal authority. Prior to subjecting such highways to construction loads and equipment, the Contractor shall secure the written consent of the proper municipal authority. During the use of these highways, the Contractor shall maintain them in a condition satisfactory to the authorities and safe for the traveling public. Damage attributed to hauling operations shall be repaired by the Contractor to the satisfaction of the proper authorities.

New Hampshire Department of Transportation Standard Specifications – 2016

If the Engineer discovers a violation, it will be brought to the attention of the Contractor. If a prompt resolution to the problem is not achieved, the State will not pay for the portion of any load delivered to the project in excess of the load within that vehicle’s registered gross vehicle weight and any applicable tolerances. The truck will be required to discharge its entire loa d and payment will be made only for the portion within that vehicles’ registered gross vehicle weight at the Item Bid Price (or equivalent Item Bid Price for lump sum items).

105.14Maintenance of Work During Construction

The Contractor shall maintain the Project work site in a satisfactory condition until the project is accepted. This maintenance shall consist of continuous and effective work prosecuted day-by-day. The Contractor shall take every reasonable precaution against spillage of construction materials on existing highways and bridges. The Contractor’s attention is called to “ Spillage of Material” under 107.01. If spillage does occur , the Contractor shall remove such spillage immediately after its occurrence. Particular care shall be taken to see that bridge deck and approach surfaces are kept as smooth as possible and free from all stone, gravel, or any other material that would inc rease impact or would damage the finished bridge or approach surfaces. Maintenance shall include, but not be limited to, mowing grass, and cleaning and maintenance of erosion control and drainage structures. The Engineer will notify the Contractor of failure to meet these provisions . If unsatisfactory maintenance is not remedied within 24 hours after receipt of the notice, the Engineer will proceed to maintain the Project. The Contractor shall pay the entire cost of this maintenance. Once the work involves the placement of material on, or the use of a previously constructed subgrade, base course, pavement, or structure, the Contractor shall maintain the previously constructed work. All cost of maintenance work during construction and before Acceptance shall be subsidiary to the bid price for other items of work except as outlined in 104.03, 619.3.1.9 and 619.5.1.8.

105.15Opening Sections of Project to Traffic

The Engineer may order certain sections of the Project to be opened to traffic before Completion or Acceptance. Opening these sections shall not constitute acceptance of the Work or a waiver of any Contract provisions. If the Contractor is late in completing features of the Work according to the Contract or Progress Schedule, the Engineer will give written notification establishing a time period for completing these features. If the Contractor fails to complete the Work ordered, or make a reasonable effort to complete the Work according to the written notification, the Engineer may order all or a portion of the Project opened to traffic. The Contractor shall not be relieved of liability or responsibility for maintaining the Work and shall conduct the remaining constructio n operations with minimum interference to traffic and without compensation for the added cost of the work.

105.16Furnishing Right-of-Way

The Department will acquire all necessary property rights in advance of construction. Any exceptions will be indicated in the Contract. Material production facilities may be permitted on state-owned property for the production of Materials needed for particular Department projects. Under no circumstances shall state -owned property be used by the Contractor for any business enterprise unless a request is received by the Commissioner and processed in accordance with RSA 4:40, as amended.

105.17Project Acceptance

Acceptance will not occur until Project Completion as defined in Sectio n 101. However, at the request of the Contractor and at the discretion of the Engineer, the Contract Time may be stopped without all the required documents, certificates, or proo fs of compliance. It must be established that the Contractor could not reas onably or in good faith provide some of the required compliance documentation before incorporating in the Work the Material requiring compliance documentation. When the Contract Time is stopped, the Contractor is to expeditiously provide the exempted documents, certificates, or proofs of compliance. Acceptance and payment will not be made until all documents, certificates, or proofs of compliance have been executed and delivered to the Engineer.

pavement is substantially completed, the Contractor may request final inspection of that portion. If the portion has been completed in accordance with the Contract except:

convenience of the traveling public and that do not interfere with the normal use of the roadway,

New Hampshire Department of Transportation Standard Specifications – 2016

the cost of future maintenance of the designated portion of the Project. Work subsequently r equired by the Engineer on the accepted portion shall be paid as provided for in 109.04. The decision to make partial acceptance of a portion of the Project is solely at the discretion of the Engineer. Partial accep tance does not void or alter any of the terms of the Contract.

inspection. If the Work requi red by the Contract is found to be complete, the inspection shall constitute the final inspection and the Engineer will notify the Contractor in writing to acknowledge completion of the work. If unsatisfactory Work is noted, the Engineer will give the Contractor the necessary instructions for correction of such Work, and the Contractor shall immediately comply with and execute such instructions. Upon correction of the Work, another inspection will be made that shall constitute the final inspection. If the Work has been satisfactorily completed, the Engineer will provide Acceptance of the Work by notifying the Contractor in writing of the date of final inspection and Acceptance.

105.18Claims

The Contractor is not entitled to file a claim in accordance with this subsection 105.18 unless the Contractor has first provided timely and complete notice and fulfilled the requirements of 104.02.G . Within 20 workdays of the date of the Engineer’s final written response or the date that 104.02.G .4 specifies that such a response should have been received, if the Contractor disagrees with the Engineer’s final written response or the response is untimely, the Contractor shall provide written notice to the Engineer of its intent to file a claim seeking compensation or a time extension for that portion of the Engineer’s response with which the Contractor disagrees. Failure of the Contractor to provide timely notice of its intent to file a claim will constitute a waiver of the Contractor’s entitlement to compensation or a time extension for any claim for which notice was not provided. Failure of the Contractor to continue to maintain records as required by 104.02.G .2 will also constitute a waiver of the Contractor’s entitlement to compensation or a time extension for those aspects of the Engineer’s final written response with which the Contractor disagrees. If the Contractor does not provide the Engineer with documentation as described in 104.02 and 109.04, the Contractor waives entitlement to compensation an d/or time adjustment under 109.04 and 108.07. Notice by the Contractor , and the fact that the Engineer has kept account of the costs shall not be construed as substantiatin g the validity of the claim. Compensation shall be determined in accordance with 109.04 and time extensions shall be determined in accordance with 108.07 will be made to th e Contract if the claim is found by the Engineer to have merit. Failure to submit a claim prior to final payment on the Contract shall constitute a waiver of entitlement to compensation and/or time adjustment.

Claim submittals shall be in sufficient detail to enable the Engineer to determine the basis for entitlement and the compensation and time extension due, if any. At a minimum, the Contractor’s claim shall include the following pertinent data arranged in a logical sequence:

claim.

claim.

disputed issue;

claim.

or an alleged breach of Contract.

an analysis of the construction schedules. 10 The amount of compensation sought with supporting documentation of the amount in accordance with 109.04 of that amount. The Contractor’s failure to provide this information will constitute a waiver of the Contractor ’s entitlement to compensation or a time extension for the claim.

New Hampshire Department of Transportation Standard Specifications – 2016

In addition to the information required in 105.18.A , the Contractor’s Claim must be accompanied by the following signed certification. The Cont ractor’s failure to provide this certification will constitute a waiver of the Contractor’s entitlement to compensation or a time extension for the claim: CERTIFICATE OF CLAIM The undersigned is duly authorized to certify the enclosed documentation on behalf of (the Contractor). (The Contractor) certifies that the documentation is submitted in good faith, that the information provided is accurate and complete to the best of (the Contractor’s) knowledge and belief, and that the compensation and time extension requested accurately reflects the Contract Revision for which (the Contractor) believes the department is responsible.

Name and Title Company Date Signature Notarized:

The Engineer will provide written acknowledgment of receipt of the claim within 10 days to the Contractor. During the claim review process by the Engineer, the Contractor shall provide the Engineer access to and, if requested, copies of the following documents. The Contractor’s failure to provide this access or copies as requested will constitute a waiver of the Contractor ’s entitlement to compensation or a time extension for the claim:

documentation pertinent to entries made in these ledgers and journals.

and for each of the five years prior to the commencement of this Project.

based.

limited to, labor, benefits and insurance, materials, equipment, Subcont ractors, and all documents that establish the time periods, individuals involved, the hours and the rates for the individuals.

New Hampshire Department of Transportation Standard Specifications – 2016

105.19Resolution of Claims and Disputes

or a time extension, the Engineer will determine compensation in accordance with 109.04, and time extensions in accordance with 108.07.

the Contractor may appeal the matter to the Commissioner in accordance with the Department’s statutory appeals procedures. The statutory appeals procedures are available from the Office of Hearings and Rules at the Department. Nothing in this subsection shall be construed as establishing any claim contrary to the terms of 104.02. Compensation shall be in accordance with 109.04 with time extensions as provided for in 108.07 will be made to the Contract if the claim is found by the Commissioner to have merit.

New Hampshire Department of Transportation Standard Specifications – 2016

106.01Source of Supply and Quality Requirements

All materials used shall meet the requirements of the Contract. In order to expedite the inspection and testing of materials, the Contractor shall notify the Engineer of the proposed sources of materials to be used in the Work before delivery. The Engineer has the option of conditionally approving materials at the supply source. Any material incorporated into the Work that subsequently fails to meet the Contract requirements shall be corrected to the satisfaction of the Engineer or removed. All materials used in the Work shall be new unless otherwise specifically prescribed in the Contract.

106.02Local Material Sources

Possible sources of local materials may be i ndicated on the Plans and described in the Proposal. Since it is not feasible to determine from natural deposit sampling the acceptable limits for an entire deposit, variations in materials quality within the deposits are to be conside red usual and to be expected. The Engineer may order procurement of material from any portion of a deposit and will reject portions of the deposit as unacceptable if the material fails to meet specification requirements. The Department may make availabl e the right to take materials from designated sources described in the Contract together with the right to use the property as specified, for plant site, stockpiles, and hauling roads. If this procedure has been chosen by the Department, the Contract will define the acquisitions or rights provided. If material is used from other than Contract designated sources, the Contractor shall comply with the regulations of RSA 155- E, acquire the necessary rights to take materials from the sources, and pay all related costs. The Contractor shall submit to the Department a copy of the permit for excavation (required under RSA 155-E) showing that the excavation site has been permitted by the Regulator prior to removing any material from that site. Where practicable, pits, quarry sites, and access roads shall be located so that they will not be visible from any highway. Pits and quarries shall be excavated so that water does not collect and stand on the site during the work. Foll owing the completion of the work, pits and quarries shall be left in a neat and presentable condition. For Contractor-acquired rights to excavation sites, upon completion of the work, the Contractor shall ensure that the necessary grading and reclamation w ork as required per RSA 155- E is done. Acceptance of the project will not be made until a written release from the property owner indicates that the agreement conditions with the Contractor have been satisfied. The Contractor’s attention is directed to RS A 482-A:3, the requirements of which must be fulfilled if the excavation site involves excavation or dredging of wetlands and to the provisions of RSA 483-B and RSA 485-A:17, if the excavation site involves dredging or mining on the border of the surface w aters of the State or will significantly alter the characteristic natural runoff or create an unnatural runoff. The Contractor’s attention is also directed to Executive Orders 11988 and 11990 if the excavation site will affect floodplains or wetlands. The Contractor’s attention is also directed to Section 10 of the Rivers and Harbors Act of 1899 and Sections 401 and 404 of the Clean Water Act, for which compliance may require a permit for work in or affecting “ navigable waters of the U.S., ” or material placed in “ waters of the U.S.,” including wetlands. The Contractor is cautioned of the potential to encounter contaminated soils within the excavation area and, if encountered, shall avoid incorporating contaminated soils within the limits of the project. Furthermore, the Contractor shall complete a Historic and Archaeological Resources certification in accordance with the Contract. A Pit Agreement Form shall be completed and submitted for each excavation site that the Contractor intends to open in accordance with RSA 155 -E:2,IV. The Pit Agreement form may be obtained online at the Department’s Website or from the Engineer.

106.03Samples, Tests, Cited Specifications

Materials will be inspected, tested, and approved by the Engineer or accepted by a Certificate of Compliance fr om the Contractor as specified in 106.04 unless otherwise specified in the Special Provisions for QC/QA items. The Contractor shall not rely on the results of Department testing being available for Process Quali ty Control. Materials found to be unacceptable and unauthorized will not be paid for and, if directed by the Engineer, shall be removed at the Contractor’s expense. Unless otherwise designated, materials tests will be performed by and at the expense of the Department using the standard test methods of the Department, AASHTO, ASTM, or FSS (unless other standard methods are designated) that are in effect on the date of advertisement for Proposals, except that the Engineer reserves the right to make use of an y information or method of testing to determine that the material meets the Contract requirements. If there is a difference in the test methods, the order of precedence for the test procedures used will be as follows: