104.02 Scope of Work
103.08 Approval of Contract
The Contract will not be binding upon the Department or Commission until executed by the Director or authorized designee, approved as to form and legality by the General Counsel or authorized designee, and delivered to the Contractor.
103.09 Failure To Execute C Ontract
The Commission will rescind the Contract award if the successful bidder does not do the following: Comply with any of the requirements of the Proposal Forms, Sign the Contract, Provide project specific certificates of insurance, or Provide the Bonds, or irrevocable Letter of Credit, required by law. If the Commission rescinds the award, the Department may require forfeiture of the Proposal Guaranty.
104.01 Purpose of Contract
The purpose of the Contract is to provide details for the construction and completion of the Work. The Contractor is responsible for providing all labor, materials, equipment, and incidentals required to complete the work in accordance with the Contract. No alterations based upon the increase or decrease in pay item quantities may be entered into that: Increase the length or extent of a project by more than 25 percent, Increase the length or extent of a federal aid pr oject by any amount without the consent of the Federal Highway Administration, Cumulatively increase the original Contract amount by more than 15 percent on projects of $1,000,000 or less, or Cumulatively increase the original Contract amount by more than the greater of $150,000 or 10 percent on projects of more than $1,000,000. Change orders or cumulative change orders, which exceed these limits, will require a re -advertising for bids.
104.02 Special Work
As necessary, the Department may prepare Special Pr ovisions describing work included in the Proposal Forms. The Department will consider Special Provisions attached to or incorporated by reference in the Proposal Forms to be part of the Contract. SCOPE OF WORK 104.04
104.03 Differing Site Condi Tions
During the progress of the work, if subsurface or latent physical conditions are encountered at the site differing materially from those shown in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generall y recognized as inherent in the work provided for in the Contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and bef ore the affected work is performed. Upon written notification as provided in Subsection 104.06, “Notification of Differing Site Conditions, Changes, and Extra Work,” the Resident Engineer will investigate the conditions, and if it is determined that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excludin g anticipated profits, will be made and the Contract modified in writing accordingly. The Resident Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment, which results in a benefit to the Contractor, will be allowed unless the Contractor has provided the required written notice as specified in Subsection 104.06, “Notification of Differing Site Conditions, Changes, and Extra Work.” No Co ntract adjustment will be allowed under this clause for any effects caused on unchanged work. If the Contractor has provided written notification of differing site conditions as provided in Subsection 104.06, “Notificat ion of Differing Site Conditions, Changes, and Extra Work,” and the Resident Engineer determines that differing site conditions exist, payment will be made in accordance with Subsection 109.04, “Differing Site Condition s, Changes, and Extra Work,” and adjustments to Contract Time will be made as provided in Subsection 108.07, “Administration and Extension of Contract Time. ”
104.04 Significant Changes In The Character of Work
The Engin eer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alterations in the work as are necessary to satisfactorily complete the Project. Such changes in quantities and alterations shall not invalidate t he Contract nor release the Surety, and the Contractor agrees to perform the work as altered. If the alterations or changes in quantities significantly change the character of the work under the Contract, whether such alterations or changes are in themselv es significant changes to the character of the work or by affecting other work cause such other work to become significantly different in character, an adjustment, excluding anticipated profit, will be made to the Contract. The basis for the adjustment sha ll be agreed upon before the performance of the work. If a basis cannot be agreed upon, then an adjustment will be made either for or against the Contractor in such amount as the Engineer may determine to be fair. If the alterations or changes in quantitie s do not significantly change the character of the work to be performed under the Contract, the altered work will be paid for at the unit price as bid by the Contractor. The term “significant change” shall be construed to apply only to the following circum stances: When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction; or
104.05 Scope of Work
When a major item of work, as defined in Subsection 101.05.BC , is increased in excess of 125 percent or decreased below 75 percent of the original Contract quantity. Any allowance for an increase in quantities shall apply only to that portion in excess of 125 percent of original Contract item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed. If directed changes require additional time to complete the Project, adjustments in the Contract Time will be made as provided by Subsection 108.07, “Administration and Extension of Contract Time.” Payment for changed major item quantities or altered work will be made as provided in Subsection 109.03, “Payment for Increased or Decreased Quantities, ” or Subsection 109.04, “Differing Site Conditions, Changes, and Extra Work, ” as appropriate.
104.05 Suspension of Work O Rdered By The Reside Nt Engineer
The Resident Engineer may suspend all or any portion of the work for any reason during performance of the Contract. Suspension of all or any portion of the work will be done by written Shut Down Order to the Contractor. If the performance of all or any portion of the work is suspended or delayed by the Resident Engineer in wri ting for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believe s that additional compensation, Contract Time, or both is due as a resul t of such suspension or delay, submi t to the Resident Engineer in writing a request for adjustment within 7 calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the Resident Engineer will evaluate the C ontractor’s request. If the Resident Engineer agrees that the cost and/or time required for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions beyond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Resident Engineer will make an adjustment (excluding profit) and modify the Contract in writing accordingly. The Contractor will be notified of the Resid ent Engineer’s determination whether or not an adjustment of the Contract is warranted. No Contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. No Contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided or excluded under any other term or condition of this Contract. If the Contractor has submitted a request for adjustment within the time prescribed and the Resident Engineer determines that an adjustment is warranted, payment will be made as provided in Subsection 109.04, “Differing Site Conditions, Changes, and Extra Work,” and adjustments to Contract Time will be made as provided in Subsection 108.07, “Administration and Extension of Contract Time. ” SCOPE OF WORK 104.06
104.06 Notification of Diff Ering Site Condition S, Changes, and Extr A Work
Notify the Reside nt Engineer of alleged changes to the Contract due to the following before beginning or continuing with the affected work: Differing site conditions, Altered work beyond the original Work, Department action that changed the Contract requirements, or Extra work. Discontinue performance of affected work and not incur additional expenses on alleged changes to the Contract, unless otherwise directed by the Resident Engineer in writing.
A.Verbal and Written Notice of Intent to File Claim Immediately notify the Resident Engineer verbally of the alleged differing site condition, change, or extra work and submit the following information to the Resident Engineer in a written Notice of Intent to File Claim within 7 calendar days of encounteri ng the alleged change or action: The date of occurrence and the nature and circumstances of the occurrence that constitute a change; Name, title, and activity of each Department representative knowledgeable of the alleged change; Identify any documents and the substance of any oral communication involved in the alleged change; Basis for a claim that the work is not required by the Contract; and Particular elements of Contract performance for which compensation is requested including: Pay item(s) that have b een or may be affected by the change; Labor, materials, or both that will be added, deleted, or wasted by the change, and equipment that will be idled or added; Existing or anticipated delays and disruptions in Contract performance, procedure, or sequence; Adjustments to Contract prices, delivery schedules, staging, and Contract Time estimated due to the alleged change; and Estimate of the time within which the Department must respond to the notice to reduce project cost, delay, or disruption. The Contracto r’s failure to provide both verbal and written notices to the Resident Engineer constitutes the Contractor’s waiver of the right to file claims resulting from an alleged change.
B.Contract Work Continuation and Claim Response After notifying the Resident Engineer, not begin work affected by the alleged change. Continue diligent prosecution of unaffected work required by the Contract. The Resident Engineer will investigate the Notice of Intent to File Claim. Within 10 calendar days after receipt of the no tice, the Resident Engineer will respond in writing to the Contractor for the following purposes:
104.07 Scope of Work
Confirm that a change occurred and, if necessary, direct the Contractor’s further performance; Deny that a change occurred and, if necessary, direct the Contr actor’s further performance; or Advise the Contractor that the notice did not include adequate information, and identify additional required information and the date for its submission for further review by the Resident Engineer. The Resident Engineer wil l review the additional information and respond to the Contractor within 10 calendar days after receipt of the amended notice. The Resident Engineer will not adjust the Contract for claims of increased costs or time extensions for delay resulting from the Contractor’s failure to submit the additional requested information.
104.07 Maintenance of Traff Ic
Keep all roads open to all traffic as shown on the Plans. If required by the Contract, or approved by the Resident Engineer, the Contractor may detour traf fic on an approved detour route. Maintain the section of the Project used by traffic in a safe and accommodating condition. Provide, erect, and maintain barricades, warning signs, delineators, striping, flaggers, and pilot cars in accordance with the t raffic control plan, the MUTCD, and Section 880, “Construction Signing and Traffic Control.” Maintain their Work including all temporary approaches or crossings and intersections at no additional cost to the Department except as defined in Subsection 104.07.B . The Department will not require the Contractor to perform snow and ice removal. The Department will pay for providing, installing, and maintaining traffic control in accordance with Section 880, “Construction Signing and Traffic Control.” The Department will provide additional compensation for the following maintenance activities:
A.Maintenance of Traffic During Suspension of Work
1.Suspensions Ordered by the Resident Engineer Construct and open Project sections and temporary roadways to traffic as agreed between the Contractor and the Resident Engineer during the suspension period. During the suspension period, the Department will maintain the temporary roadway and Project sections. When work resumes, replace or restore any work or materials lost or damaged because of traffic’s temporary use of the Project, and remove work or materials used for the Project’s maintenance. Complete the Project as if the w ork had been continuous and without interference. The Department will pay for additional work caused by the suspension and beyond the Contractor’s control at contract unit prices or as extra work.
2.Other Suspensions of Work If the Resident Engineer sus pends work for the following reasons, incur all costs for maintenance of the roadway to accommodate traffic during the suspension period, excluding snow and ice removal: Seasonal or climatic conditions; The Contractor’s failure to correct conditions unsafe for the workers or the general public; SCOPE OF WORK 104.10 The Contractor’s failure to implement direction from the Resident Engineer; or Other reasons caused by the Contractor.
B.Maintenance Directed by the Resident Engineer The Department will pay for directed special mai ntenance for the benefit of traffic, not otherwise required by the Contract, by contract unit prices or in accordance with Subsection 104.04, “Significant Changes in the Character of Work.” The Resident Engineer will d etermine the special maintenance work.
104.08 Rights In and Use of Materials Found On The Work
The Resident Engineer may authorize the Contractor to use material found in the excavation suitable for completing work items. The Department will pay the Contr actor for the removal of material at the corresponding contract unit price and for the placement of material at the corresponding contract unit price. The Department will not charge the Contractor for the material used on the Project. Replace the removed material with material approved by the Resident Engineer and compact replacement material to the density for roadway embankment construction in accordance with the Contract requirements, at no additional cost to the Department. The Department will not al low the Contractor to excavate or remove material within the right -of-way, but outside the grading limits without the Resident Engineer’s written approval. Unless otherwise required by the Contract, the Contractor may temporarily use material from struct ure removals in the erection of the new structure. Do not cut or damage temporarily used material without approval of the Resident Engineer.
104.09 Removal and Disposal of Salvaged Materia Ls, Structures, and
OBSTRUCTIONS Unless otherwise required by the C ontract, all salvaged material shall become the property of the Contractor. Ownership of salvaged materials implies the responsibility to dispose of the salvaged material in accordance with all applicable local, state, and federal rules and regulations. The Department will not allow the Contractor to bury or otherwise dispose of material within the Project or on any publicly owned property without the Resident Engineer’s prior written approval.
104.10 Final Clean Up
The Resident Engineer will not assign a Completion Date until the Contractor completes the work and removes from the right -of-way all machinery, equipment, surplus and discarded materials, rubbish, and temporary structures. Remove stumps or portions of trees, cut all brush and weeds within the right -of-way, and leave the Project and borrow pits in a neat condition as approved by the Resident Engineer. Do not dispose of cleared material on property adjacent to the right -of-way. Dispose of all waste generated on the Project in accordance with a ll applicable local, state, and federal rules and regulations. Finish all areas or slopes in a neat condition, approved by the Resident Engineer. Repair any areas, slopes, or turf damaged by operations, at no additional cost to the Department. The Reside nt Engineer
104.12 Scope of Work
will not assign a Completion Date until the Contractor achieves Final Stabilization, as determined by the Resident Engineer, in accordance with the requirements of the Contract. The Department considers the cost of final cleanup as incidental to other relevant Contract Items.
104.11 Restoration of Surfa Ces Opened By Permit
The Department reserves the right, at any time, to allow construction or reconstruction of any utility service within the Project, or to grant permits to public utility companies for utility service construction or reconstruction or to authorities of the m unicipality where the Project is located. The Contractor is not entitled to any damages from the Department, except in accordance with Subsection 108.07, “Administration and Extension of Contract Time, ” for delay due t o utility service construction or reconstruction by a third party. Make repairs, in accordance with Contract requirements, to work due to utility service access, and the Resident Engineer will direct and the Department will pay for work in accordance wit h Subsection 104.04, “Significant Changes in the Character of Work,” or as otherwise required by the Contract. The Department may issue permits to individuals, firms, or corporations wanting to place a utility, construc t a driveway, make a curb cut, or otherwise access the Department’s highway right -of-way. Allow parties with a permit to access the highway right -of-way.
104.12 Contractor’S Respons Ibility for Work
Until the Resident Engineer assigns a Completion Date, t he Contractor is responsible for the Work, including change order work. Protect the work against damage from all causes whether from the execution or non -execution of the work, except as described in Subsection 104.07.A (1), “Suspensions Ordered by the Resident Engineer.” rebuild, repair, restore, and make good all losses or damage to any portion of the permanent or temporary work occurring before the Resident Engineer assigns a Completion Date (at no additional cost to the Department), except damage to permanent work caus ed by the following: Acts of God, Acts of a public enemy, Acts of governmental authorities, or Damage by a third party to permanent work completed by the Contractor and paid and placed in to service by the Department. These damage exceptions shall not appl y if the Contractor does not take reasonable precaution or exercise sound engineering and construction practice in performing the work. If the Contractor experiences delays to the performance of the work as a result of damage by others, the Resident Engine er will evaluate a time extension in accordance with Subsection 108.07, “Administration and Extension of Contract Time.” If permanent work is damaged by a third party and the Contractor recovers payment from the third party, the Department will not pay the Contractor for the same damages. SCOPE OF WORK 104.14 The Department considers the Contractor responsible for correcting or replacing any defective work or materials in accordance with Subsection 105.1 2, “Removal of Unacceptable and Unauthorized Work,” and any damage resulting from the Contractor’s operations or negligence. Provide a competent supervisor experienced in the Project scope of work and trained in accordance with all applicable local, state , and federal laws and regulations. Delegate authority to the supervisor to make binding decisions on behalf of the Contractor and to provide labor, equipment, and material required for effective Project work progress. The Department expects the supervis or to be available full time for contact and communication on the Project.
104.13 Environmental Protec Tion
Comply with all local, state, and federal laws and regulations controlling pollution of the environment. Avoid pollution of streams, lakes, ponds, and reservoirs with fuels, oils, bitumens, chemicals, or other harmful materials and pollution of the atmosphere from particulate and gaseous matter within the Project and Contractor operated off site facilities. Avoid impacts to listed endangered species , threatened species, and the critical habitats of both. The Department will not allow fording of streams unless otherwise approved by the Resident Engineer and performed in a manner that minimizes stream siltation. For work areas or pits located in or adj acent to streams, separate the work from the main stream by dike or barrier to keep sediment from entering the stream. Exercise care during the construction and removal of barriers located in or near streams to minimize siltation of the stream. Treat wat er from aggregate washing or other work resulting in sediment by filtration, settling basins, or other means to reduce the sediment concentration of the discharge to no more than that of the stream or lake receiving the discharge. The Contract shall addres s other requirements for temporary and permanent erosion, sedimentation, and storm water pollution controls in accordance with Chapter 200, “Earthwork and Roadside Development.”
104.14 Contractor’S Respons Ibility for Utility Property and Service S
For Contractor work areas adjacent to properties of railroad, telephone, power companies, other utilities or facilities located within the Project, do not begin work until completing Contract required arrangements for the protection o f the properties or facilities. Avoid damage to these properties or facilities that could result in considerable expense, loss or inconvenience. Cooperate with owners of underground or overhead utility lines during utility removal or relocation operation s to allow these utility operations reasonable progress, minimal duplication of work, and avoidance of unnecessary service interruptions. Comply with the Underground Facilities Damage Prevention Act (63 O.S. § 142.1 et. seq.), including amendments. Obtai n copies from the Resident Engineer. For interruptions to water or utility services from accidental breakage, or for exposed or unsupported lines, immediately notify the proper authority. Cooperate with the proper authority to promptly restore service. The Department will not allow an interruption to water service to continue after working hours.
104.15 Scope of Work
Maintain access to fire hydrants for the Fire Department at all times and do not stockpile material within 15 ft [4.6 m] of a fire hydrant. Verify the locatio n of all water services, water mains, sanitary sewers and other utilities shown on the Plans. Damage to these facilities from Contractor operations is the responsibility of the Contractor in accordance with the Underground Facilities Damage Prevention Act (63 O.S. § 142.1, et seq.).
104.15 Value Engineering Pr Oposals By The Contr Actor
A.General Cost savings from Value Engineering Proposals (VEP) offered by the Contractor and approved by the Department shall be shared equally between the Contractor and the Department. Do not anticipate the Department’s approval of a VEP in submitting a Proposal. Contract unit prices shall reflect Contract requirements. If the Department rejects a VEP, complete the Project at the contract unit prices. If the Department det ermines that the time for review and response is insufficient, as showed in the Contractor’s submittal in accordance with Subsection 104.15 .C, “Submittal of Proposal,” the Department will promptly notify the Contracto r. The Department will evaluate the need for a non-compensable delay adjustment to the Contract, if the Department’s additional review and response time affects the Contractor’s schedule. have no claim against the Department for compensable or non -compensable delay to the Contract based on the Department not responding within the time showed in the submittal in accordance with Subsection 104.15.B, “Submittal of Conceptual VEP,” and Subsection 104.15 .C, “Submittal of VEP,” if the Department requires additional information from the Contractor to complete the review. The Department considers as valid, a VEP that could produce a savings to the Department without impairing essen tial functions and characteristics of the facility, including but not limited to, service life, economy of operation, ease of maintenance, desired appearance, and safety. To avoid unnecessary costs in preparing a VEP, the Contractor may submit a Conceptual VEP to the Resident Engineer for the Department’s review. This review need not address the total economics of the proposal, nor the specific engineering design(s).
B.Submittal of Conceptual VEP Submit a conceptual VEP with the following material and inf ormation: A statement identifying the submittal as a conceptual VEP. A brief description of the difference between the Contract requirements and the proposed change with the cooperative advantages and disadvantages, including: Effects on service life, Econ omy of operations, Ease of maintenance, Desired appearance, and Safety. SCOPE OF WORK 104.15 An estimate of the Contract costs and quantities compared to the new costs and quantities generated by the VEP. A statement establishing the date that the Department must respond to t he conceptual VEP to obtain the maximum cost reduction for the Contract. A statement estimating the impact of the VEP on the Contract completion time. A description of any previous use or testing of the alternative means or methods proposed, and the condit ions and results. If the Department rejects the conceptual VEP, not pursue the matter any further. If the Department approves the conceptual VEP, the Contractor may proceed with the VEP. Approval of the conceptual VEP will not obligate the Department to approve the VEP.
C.Submittal of VEP Submit a VEP with the following material and information: A statement identifying the submittal as a VEP. A brief description of the difference between the Contract requirements and the proposed change, and the cooperat ive advantages and disadvantages, including: Effects on service life, Economy of operations, Ease of maintenance, Desired appearance, and Safety. A complete set of plans and specifications prepared and sealed by an Oklahoma registered Professional Engineer that show the proposed revisions relative to the original Contract features and requirements. A complete analysis indicating the Contract costs and quantities to be replaced by the VEP compared to the new costs and quantities generated by the VEP. A state ment establishing the date that the Department must execute a Change Order adopting the VEP to obtain the maximum cost reduction for the Contract. A statement estimating the impact of the VEP on the Contract completion time. A description of any previous u se or testing of the alternative means or methods proposed, and the conditions and results. If previously submitted on another Department project, show the date, project number, and the action taken by the Department on the VEP.
D.Conditions The Departme nt will consider the Contractor’s VEP that meets all of the following conditions: The VEP applies only to the Contract referenced in the VEP and becomes the property of the Department. The VEP shall contain no restrictions imposed by the Contractor on the VEP’s use or disclosure. The Department retains the right to use, duplicate, and disclose any data necessary from the VEP and use an accepted VEP on other projects without obligation to the Contractor. The Department will not deny the Contractor’s right s provided by law for patented material or process.
104.15 Scope of Work
If the Department is already considering certain revisions to the Contract or has approved Contract changes that the Contractor subsequently incorporates in a VEP, the Department will reject the VEP with no obligation to the Contractor. The Contractor shall have no claim against the Department for additional costs or delays resulting from the Department’s rejection of a VEP, including but not limited to, development costs, loss of anticipated profits, incr eased material, or labor costs. The Department will determine if a VEP qualifies for consideration and evaluation. The Department may reject any VEP that requires excessive time or costs for review, evaluation, or investigation, or that is not consistent with the Department’s design policies and criteria for the Project. The VEP shall not include experimental features, but proven features used under similar conditions on other projects or locations approved by the Department. The Department will not consid er a VEP that includes options already required by the Contract. The cost savings generated by the VEP must be sufficient to warrant the additional cost of the Department’s review and evaluation of the VEP. The Department will not consider a VEP that chang es the type or thickness of the pavement structure. The Contractor may submit a VEP for an approved subcontractor. Subcontractors may not submit a VEP, except through the Contractor. Promptly provide additional information to the Department for evaluation of the VEP. The Department will reject a VEP if the Contractor does not promptly submit additional information. For a VEP with design changes, the additional information may include results of field investigations and surveys, design calculations, and f ield change sheets. The Resident Engineer will reject all or any portion of work performed for an approved VEP, if the work yields unsatisfactory results. The Resident Engineer will direct the removal of rejected work and require the Contractor to proceed with work in accordance with the original Contract requirements. The Resident Engineer will not pay for work performed for the VEP or for removal of unsatisfactory work. If the Resident Engineer approves modifications to the VEP to adjust to field condi tions, the total amount payable for the VEP work will be limited to the amount of the removed Contract units in accordance with the original Contract requirements. Have no claim against the Department for additional costs or delays resulting from the Dep artment’s rejection of work or limitation of payment for work.
E.Payment If the Department approves a VEP, the Resident Engineer will authorize a Change Order with the changes and payment requirements. The Department will pay the Contractor as follows: For revised work, by changes in quantities of Contract pay items, new agreed pay items, or both, in accordance with the Contract. For savings, the Department will pay the Contractor 50 percent of the VEP savings, calculated as the difference between the cos t of the revised work and the cost of the related work required by the original Contract at contract unit prices. The Department will pay the 50 percent Value Engineering cost savings to the Contractor in a lump sum as soon as savings have been earned and quantities calculated. SCOPE OF WORK 104.17 If requested by the Contractor, the Department may consider payment to the Contractor for a maximum of one -half of the Contractor’s cost of development, design, and preparation of the VEP. If approved, the Department will add this amount to the lump sum payment for savings.
104.16 Railroad -Highway Gra De Crossings
For work on railroad right -of-way or on right -of-way occupied jointly by the highway and railroad, take precautions to ensure the safety of railroad operations. The Contra ctor and the Contractor’s Surety shall indemnify and save harmless the railroad company and Department from all actions or claims of any character, name, or description brought for or on account of any injuries or damages received or sustained by any perso n, persons, or property resulting from any act, omission, neglect or misconduct of the Contractor or the Contractor’s employees in the performance of the work.
104.17 Railroad -Highway Gra De Separation Struct Ures and Approaches
A.General The construction of grade separation structures and approaches is a joint undertaking of the Department and the railroad company whose tracks are crossed, and representatives of the railroad company shall have full authority to make inspections of the work as it progresses . Unless otherwise required by the Contract for the Project or by a separate Right -of-Entry Agreement between the Contractor and the railroad company, provide written notification to the railroad company identified by the Contract requirements, at least 10 working days before beginning work on the railroad company’s property. In addition, notify the railroad company 48 hours before beginning construction of falsework over, or of construction of piers adjacent to, the railroad company tracks. During all wor k affecting the railroad company, cooperate to the fullest extent possible. Plan and execute the work creating the least interference with the traffic and operations of the railroad company. The Department requires the Contractor to provide a clear area for the maintenance of railroad traffic during construction, kept free at all times of any falsework, equipment, material, or other obstructions. Unless otherwise shown on the Plans, or on a separate Right -of-Entry Agreement between the Contractor and th e railroad company, provide a minimum vertical clearance of 22 ft [6.6 m] above the top of the highest rail and a minimum horizontal clearance of 8½ ft [2.6 m] on each side of the centerline of the tracks, measured at right angles to the tracks. The Cont ractor shall not disrupt the track drainage system. The Department will not allow equipment or material to remain in the track ditches and obstruct the flow of water. Immediately remove any material spilled into the ditches. If the railroad company allo ws the Contractor, by written agreement, to encroach on the clearances specified in this subsection, take precautions, erect, and maintain telltales or warning devices required by the railroad company, at no additional cost to the Department. If the Contra ctor is required or elects to haul material across the railroad company’s tracks, arrange with the railroad company for necessary private crossings and provide for the installation, maintenance, use, and protection of crossings, at no additional cost to t he Department.
104.17 Scope of Work
Ensure the safety of the railroad operations through the Project. Prepare, and submit for approval by the Department and the railroad company, detailed plans for all falsework over the tracks, or caissons, or sheeting for piers, or abutme nts adjacent to or under the tracks before beginning work. After obtaining approval of the detailed plans from the Department’s Bridge Engineer and the railroad company, the Contractor may construct the falsework, sheeting, or caissons in accordance with the approved detailed plans. The Department neither accepts, nor assumes, any liability for defects or errors in the Plans by approval of the Contractor’s detailed plans. The Department makes no warranty, either expressed or implied, as to the accuracy o r fitness of the Contractor’s detailed plans. The Contractor is responsible to the railroad company for all damage to railroad property resulting from the Contractor’s operations, and may be subject to additional conditions required in the railroad company ’s Right -of-Entry Agreement. The Department will not pay the Contractor’s Final Estimate until the Contractor provides the Resident Engineer satisfactory evidence, in the form of a photocopy, of a letter sent by the Contractor to the railroad company by c ertified mail notifying the railroad company of completion of the work required by the Contract. The letter shall show that the railroad company has 30 calendar days to notify the Contractor and the Department of potential claims. Upon completion of the work, remove all equipment, unused materials, rubbish, and temporary structures, and leave the premises in a condition satisfactory to the railroad company and the Department. If included in the Contract requirements, certain construction operations may ne cessitate the suspension of railroad traffic. Avoid any disruptions of train schedules by performing and completing work as quickly as possible. Before beginning work, advise and obtain approval from the railroad company and the Department of the propose d method, the amount and character of equipment, and the probable time required to complete the work. The Department’s approval shall not relieve the Contractor of the responsibility for the safety of the work method or equipment or the completion of the work as required by the Contract.
B.Overpass (Highway Overhead Bridge) The Department will provide a vertical clearance of 50 ft [15 m], measured from the base of the rail, for telegraph, telephone, and signal services. If the Contractor requires more cl earance, provide additional clearance, at no additional cost to the Department.
C.Underpass (Railroad Overhead Bridge) The Department will provide a vertical clearance of 30 ft [9 m], measured from the base of the rail, for telegraph, telephone, and signa l services crossing over the proposed construction. If the Contractor requires more clearance, provide additional clearance, at no additional cost to the Department.
D.Railroad Company Requirements The railroad company may, as a condition for working on or over railroad right -of-way, impose both vertical and horizontal clearance requirements. The railroad company’s specific clearance requirements for working on or over railroad right -of-way will be contained in the Right of Entry Agreement between the Co ntractor and the railroad company. CONTROL OF WORK 105.01
104.18 Railroad Flagging
Reimburse the railroad company directly for the cost of all railroad flagging required and provided by the railroad company for work on railroad property. Include the cost of flagging in the contract unit prices for other relevant pay items unless a pay item for Railroad Flagging is included in the Proposal Forms. The Department will not pay the Contractor’s Final Estimate until the Contractor provides satisfactory evidence, in the form of a notarized certificate that the Contractor reimbursed the railro ad company for flagging services pr ovided by the railroad company. SECTION 105 CONTROL OF WORK
105.01 Authority and Duties of The Resident Eng Ineer
The Resident Engineer will decide questions about the following iss ues: Quality and acceptability of materials provided by the Contractor, Quality and acceptability of work performed by the Contractor, Rate of work progress, Interpretation of the Contract requirements, or Compliance of work with the Contract requirements.
A.Suspension of Work The Resident Engineer may suspend part or all of the work if the Contractor does not do the following: Correct conditions unsafe for the project personnel or public, Perform requirements of the Contract, or Respond to directives from the Resident Engineer. The Resident Engineer may also suspend part or all of the work based on the following: Periods of unsuitable weather, Conditions the Resident Engineer considers unsuitable for the prosecution of the work, or Any other condition or r eason the Resident Engineer determines in the Department’s best interest.
B.Appeal Process For disagreements with any decision of the Resident Engineer, appeal the decision in accordance with established dispute resolution procedures specified in Subsection 105.18, “Claims for Adjustment,” and the Special Provisions.
C.Engineering Details The Resident Engineer is responsible for implementing the Project’s engineering details and is responsible for inspection and docume ntation of the work and ensuring work in accordance with Contract requirements. The authority of the Resident Engineer includes:
Source: Oklahoma Standard Specifications for Highway Construction, 2019 Edition. Pages 44–56 of 935.