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.
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:
105.02 Control of Work
Making binding decisions based on Contract requirements on behalf of the Department; Selecting and delegating authority to the Department’s representative on the Project; Rejecting defective materials or workmanship; and Suspend work not in compliance with Contract requirements.
D.Removal of Contractor Staff The Resident Engineer may direct the Contractor to remove any of the Co ntractor’s or subcontractors’ supervisors, foremen, or other employees for any of the following reasons: Failure or refusal to follow directives from the Resident Engineer, Safety violations, Poor workmanship, or Other causes. The Resident Engineer will di rect removal by written notice to the Contractor, effective upon the Contractor’s receipt of the notice.
105.02 Plans and Working Dr Awings
A.General The Department will provide plans showing details of all structures, lines, grades, typical sections, and a summary of pay items listed on the Proposal Forms. Prepare working drawings and work plans, as required by the Contract and as needed, to adequately control, construct, and inspect the work. When applicable, working drawings shall include the following: Traffic control drawings, False work drawings, Coffer dam drawings, Steel sheet piling drawings, MSE retaining wall drawings, Post tensioned concrete structure drawings, Pre-stressed concrete member shop drawings, Pre-cast structure drawings (excluding pi pe), Structural steel shop drawings Structural steel transportation drawings, Anchor bolt layouts, Erection drawings, or Any combination of these items. When applicable, work plans shall include the following: Stress sheets for post tensioning, Painting pl ans, Plans for drilling shafts, Mix designs, CONTROL OF WORK 105.02 Plans for pile hammers, Other equipment lists, Quality control plans, or Site specific erosion control plans. Keep and make available one set of plans, approved working drawings, and work plans on the Project fo r the duration of the Project. The Department will review working drawings and work plans before the Contractor performs any work shown on those drawings or plans. Do not make changes or deviations from the reviewed working drawings or work plans without prior approval by the Resident Engineer. The Department’s reviews do not relieve the Contractor of responsibility for the successful completion of the work. The Department considers the cost of providing work drawings and work plans to be included in the contract unit prices of the relevant pay items.
B.Submissions Submit working drawings and work plans to the appropriate Design Division. The Engineer will review working drawings and work plans and return to the Contractor. If returned for correction, correct and resubmit. Unless otherwise required by the Contract, for the Engineer’s review, allow at least six weeks per submission of railroad structures and at least four weeks per submission of all other structures. Submit complete sets of working draw ings and work plans, except if submitting corrections or revisions. The Engineer will not review partial sets of working drawings or work plans without prior approval. Submit working drawings and work plans with a transmittal letter including the following: Project number, Job/piece number, County, Structure number, A list of enclosed working drawing sheets, and A list of changes, when applicable.
C.Working Drawing Requirements Use drafting and lettering on working drawings clearly legible under f ield conditions and when microfilmed. Orient working drawings similar to the drawings shown on the Plans. Use sheets no larger than 24 in × 36 in [610 mm × 920 mm] for drawings. Include a title block in the lower right hand corner of each page. The titl e block shall include the following: Project number, Job/piece number, County, Location description, Structure number, Sheet number, Contractor’s name, and
105.03 Control of Work
The name of the supplier, fabricator, or manufacturer supplying material, product, or equipment to t he Project, when applicable. Provide a space 2 in wide × 3 in high [50 mm × 75 mm] near the title block for the approval stamp. For revisions of previously approved drawings, list all revisions and include a description of each revision near the title blo ck on each sheet. Place the initials of the drafter and checker on each revised working drawing sheet and the date completed. The drafter and checker shall be two separate individuals qualified in drafting and checking the required Contract item details. Describe all materials intended for use on the Project, including the specifications for materials and other unique characteristics and ordering information on the working drawings. Working drawings, calculations, and changes to the Project design shall be ar the seal and signature of a State of Oklahoma registered professional engineer proficient in the relevant design field. Use the following matrix to determine if working drawings require approval, signature, and seal of a State of Oklahoma registered pr ofessional engineer. If specific Standard Specifications apply to required working drawings and the Standard Specifications differ from those in the following matrix, follow the requirements of the specific Standard Specifications: Table 105:1 Working Drawing Approval Guide Working Drawings for: Requires Registered Professional Engineer Signature, Seal, and Date Requires Department Approval Alternate or optional designs submitted by Contractor Yes Yes Supplementary fabrication and shop drawings for structural items No, unless shown on the Plans See applicable item Contractor proposed temporary facilities that affect the public safety not shown on the Plans Yes Yes
105.03 Conformity With Plan S and Specifications
Work performed and materials provided shall be uniform in character and meet the dimensions and material requirements within Contract required tolerances. If a maximum or minimum tolerance value or both as specified in the Contract, control the production and processing of material a nd work performance to ensure the statistically consistent quality of the finished product. Assure compliance with these requirements. Provide quality control personnel as necessary. Be responsible for the process control of all material during handling, blending, mixing, and placing operations to produce an acceptable product. The Resident Engineer will not direct to the Contractor or producer to CONTROL OF WORK 105.04 set dials, gauges, scales, or meters. The Resident Engineer may advise the Contractor about operations or sequence of operations that will result in noncompliance with Contract requirements. If material provided, work performed, or the finished product does not conform with the Contract, but meets the design purpose, the Resident Engineer will determine the con ditions that the material, work, or product will be approved, unless Contract requirements address this determination. If the Resident Engineer makes the determination, the Resident Engineer will document the justification for approval by Change Order or by detailed entry in the electronic project file. A cost deduction for material, work, or product deemed necessary in the Resident Engineer’s determination would be applied by Change Order. For temporary pavements, quality characteristics of materials and construction will be measured, except for smoothness. The Department will withhold deductions for deficiencies the same as those for permanent pavements. Upon removal of temporary pavements, if no significant failures occurred in these pavements during required use, the Resident Engineer will release deductions withheld for deficiencies. If failure occurs, the cause of failure need not be associated with deficiencies for the Resident Engineer to deny release of deductions withheld. The Contractor is re sponsible for maintenance and reconstruction of the temporary pavement during required use, if necessary. If the material, work performed, or the finished product does not conform with the Contract requirements and results are unsatisfactory, the Resident Engineer will direct the Contractor to remove and replace, or otherwise correct, the material, work, or product at the Contractor’s expense. If the Contract allows the acceptance of material or work not in compliance with the minimum requirements, the Resi dent Engineer will use pay adjustment factors for the material or work included in the applicable measurement and payment section of the Contract.
105.04 Coordination of Plan S, Specifications, A Nd Special Provision S
These Plans, Standard Specifications, Su pplemental Specifications, Special Provisions, and all supplementary documents are essential parts of the Contract and a requirement in one is as binding as if in all. The Department intends them to be complementary and to describe and provide a complete Contract. In case of discrepancy between these Contract documents, the order of precedence is as follows: For Dimensions: For Information: Project Plans Project Specific Special Provisions Standard Plans Project Plans Calculated General Use Special Provisions Supplemental Specifications Standard Plans Standard Specifications Supplemental Specifications Scaled Standard Specifications External Technical Documents External Technical Documents Oral changes received at pre -bid conferences are not binding. Binding changes must be received by the Contractor in writing and issued by the Department as addenda to the Proposal Forms.
105.06 Control of Work
The Contractor shall not take advantage of any apparent error or omission in the Contract. If the Contractor discovers a n error or omission, promptly notify the Engineer so the Department can make corrections and interpretations necessary to fulfill the intent of the Contract. If plan notes appear to be in conflict or require clarification, contact the Engineer for resolut ion before starting work.
105.05 Cooperation By Contr Actor
The Department will provide the Contractor at least two sets of Plans and one copy of the Contract. Make one set of Plans, Standard Specifications, Supplemental Specifications, and Special Provisi ons available on the Project for the duration of the Contract. Shall continually manage and facilitate the work on the Project and shall cooperate with the Resident Engineer, Inspectors, and contractors on other Department projects.
105.06 Cooperation With Utilities
The Department will identify utility items to be relocated or adjusted by the utility owner, others, or the Contractor as required by the Contract. Utility facilities and appurtenances located within the Project will be shown on the Plans and wi ll be relocated or adjusted at the utility owners’ expense, unless otherwise required by the Contract. The locations of utilities, especially for underground installations, are provided by the utility owners and may not be exact. The Contractor shall emp loy work procedures that account for the possible inaccuracy of these representations. Cooperate with utility owners in the removal and relocation of underground or overhead utility facilities to minimize interruption to utility service and duplication of work by the utility owners. Use work procedures to identify and protect utility facilities or appurtenances that will remain in place during construction. The Department will notify utility agencies, utility companies, and pipeline owners affected by the Contract work and will provide for necessary adjustments of utility fixtures and appurtenances within or adjacent to the construction limits by the time limits listed in the Proposal Forms or before the Notice to Proceed, whichever occurs first. The Contra ctor may request a waiver of these requirements to facilitate beginning work, if Project conditions can accommodate a waiver. If the Contractor interrupts utility services due to breakage within the Project notify and cooperate with the affected utility au thorities until service has been restored. Do not start work around fire hydrants until the local fire authority approves plans for continued service. If the Contractor’s carelessness or omissions cause damage to utilities, not repair the utilities but sha ll be financially responsible for the repair of the utilities to a condition similar or equal to that existing before the damage occurred. Notify the Resident Engineer if utility facilities or appurtenances, not included in the Contract, are encountered. The Resident Engineer will determine if adjustment or relocation of the utility is necessary to accommodate construction and will arrange for additional work necessary to continue the Project with the utility owner or the Contractor. CONTROL OF WORK 105.08
105.07 Cooperation Bet Ween Contractors
The Department reserves the right to perform other work within or near the Project. If the Commission awards separate contracts within the same Project limits, the respective Contractors shall minimize interference with the progress or com pletion of the work being performed by the other contractors. Contractors working on the same Project shall coordinate operations to facilitate prompt completion of the Contract work. The Department may declare in default Contractors failing to cooperate with other contractors. Minimize interference with the operations of contractors under other contracts on the same Project by: Properly arranging the work, Timely placing and disposing the material being used, Joining work with that of the others in an a cceptable manner, and Performing work in proper sequence to that of the other contractors. At Contract required grade separations, bridge structures, or both, the grading contractor shall immediately start fills and grading operations at abutments and shal l complete the fills adjacent to abutments without delay. At Contract required grade separation structures with roadway excavation through the structure location, the grading contractor shall immediately start excavation and grading operations at these locations and shall complete this work without delay. Perform excavation at these locations as shown on the underpass Plans. Do not extend excavation work beyond the width shown on the underpass Plans. The bridge contractor shall complete the bridge boxes a nd the backfills around the bridge boxes to the lower of the top of the box or to the natural ground line as soon as possible after the Contract Notice to Proceed. The grading contractor shall complete the roadway fills over the bridge boxes. If the gradi ng contractor completes the roadway fills (except for those over bridge boxes) before the bridge contractor completes the bridge boxes, the bridge contractor shall complete the roadway fills over the bridge boxes to the typical section and subgrade line sh own on the Plans. Each contractor is responsible for all work performed under the respective Contract and shall save and hold harmless the Department, its officers, agents and employees from any and all damages or claims arising from the Contractor’s condu ct and experience and based on inconvenience, delay or other loss because of the presence of other contractors working with the Project.
105.08 Construction Stakes, Lines and Grades
The Contract requirements will establish if provide construction stakes, lines, and grades, in accordance with Section 642, “Construction Staking.”
105.12 Control of Work
105.09 Vacant
105.10 Duties of The Projec T Inspectors
The Department will authori ze Project Inspectors to inspect the Work. Inspection may involve any part of the Work, including the preparation, fabrication, or manufacturing of the materials to be used. Project Inspectors are not authorized to alter or waive the Contract requirement s.
105.11 Inspection of Work
Allow the Department access to the work and provide information and help required to make a complete and detailed inspection and documentation of the materials and the work. Inspections may be made by the Resident Engineer or authorized representative, the FHWA or other federal agencies, the ODEQ or other state agencies, counties, cities, and other public or private entities having supervisory, regulatory, or financial interest in the Project. Make a reasonable good faith effor t to perform all work, and incorporate materials into the work, in the presence of a Department representative. If a Department representative is unavailable for inspection or is otherwise absent at the time of the work, document efforts to contact the Pr oject Inspector. If the Contractor does not provide good faith effort or document the work not inspected by the Department, the Department may require the Contractor to remove and replace the work at no additional cost to the Department. If a Department representative is given a written notice that the work was to be performed 24 hr in advance and an inspection has not been performed, the Contractor is exempt from any removal or replacement expenses. At any time before acceptance of the work, remove or un cover portions of the finished work as directed by the Resident Engineer. After inspection, restore those portions of the work in accordance with the Contract requirements. If the exposed or inspected work meets Contract requirements, the Department will pay the cost of uncovering or removing, and the cost of replacing the removed work in accordance with Subsection 104.04, “Significant Changes in the Character of Work.” If the exposed or examined work does not meet Co ntract requirements, replace the removed or uncovered work with material meeting the Contract requirements at no additional cost to the Department. For Contract work funded by another unit of government or political subdivision or any railroad company, rep resentatives from that entity may inspect the work. These inspections are a Contract requirement, but do not make the unit of government, political subdivision, or railroad company a party to this Contract.
105.12 Removal of Unaccepta Ble and Unauthorized Work
The Department will consider work not performed in accordance with the Contract requirements unacceptable, unless accepted under the provisions of Subsection 105.03, “Conformity with Plans and Specifications.” Wor k determined unacceptable by the Resident Engineer before the final acceptance shall be removed and replaced by the Contractor at no additional cost to the Department. The Department will not pay for the following work until the Resident Engineer approves: Work performed contrary to the Resident Engineer’s direction; CONTROL OF WORK 105.14 Work performed beyond the Project limits, or Work performed without approval from the Resident Engineer. Perform corrective work to meet the Contract requirements at no additional cost to the Department. If the Contractor does not perform corrective work directed by the Resident Engineer, the Resident Engineer may have unacceptable work removed and replaced by others and deduct the cost of that work from the amount of money due the Contractor.
105.13 Load Restrictions
Observe legal load restrictions if hauling materials on public roads outside the limits of the Project. A special permit does not relieve the Contractor from liability for damage resulting from moving material or equipment. Do not exceed legal load limits within the Project limits, unless approved in writing by the Resident Engineer. Do not operate equipment or use haul loads that cause damage to structures, roadway, or other construction. Do not store materials on any bridge deck that are in excess of the bridge design load. Provide weight and axle load information on all equipment used on the project if requested by the Resident Engineer. Obtain written permits from the Resident Engineer before crossing any bridges with equipment or other device exceeding 20,000 lb per axle. Examples include: material transfer devices, milling machines, haul trucks, pavers, and conveyors. Based on the condition of the bridges on the Project, permits may require emptying the device before c rossing, keeping the device’s wheels on top of the bridge beams, or transporting the device on vehicles with more axles to distribute the load. Keep permits in Project records. The Resident Engineer may restrict hauling material over any completed work wi thin the Project limits. The Resident Engineer will not allow loads on hydraulic cement concrete construction before the minimum curing time or specified strength is obtained, in accordance with Subsection 504.04. G, “Load on Decks and Approach Slabs.”
105.14 Maintenance During C Onstruction
Continuously and effectively perform and maintain the Work until the Project is accepted. The Resident Engineer will immediately notify the Contractor of noncompliance with these Contract requirements. If the Contractor does not remedy the unsatisfactory maintenance within 24 hr of the notice, the Resident Engineer will maintain the Project by others and will deduct the cost of that maintenance from the amount of money due the Con tractor. If the Contract includes the placing of material on, or using a previously constructed subgrade, base course, pavement or structure, maintain the previously constructed work during construction operations if the Contract includes placing material on, or using a previously constructed subgrade, base course, or structure. The Department will consider the cost to maintain the Work during construction and before the Project is accepted to be included in the contract unit price for the relevant pay item . The Department will pay for directed special maintenance to the existing facility within the project limits, not otherwise required by the Contract, by contract unit prices or in accordance with Subsection
105.17 Control of Work
104.04 “Significant Changes in the Character of Work.” The Resident Engineer will determine the special
maintenance work.
105.15 Opening Sections of Project To Traffic
The Resident Engineer may direct certain sections of work opened to traffic before completion o r acceptance of the work. Opening these sections to traffic does not constitute acceptance of the work or waiver of the Contract requirements. On opened sections, the Department will compensate the Contractor for the cost of maintaining the roadway in ac cordance with Subsection 109.04, “Differing Site Conditions, Changes, and Extra Work.” The Department will execute a change order to compensate the Contractor for additional expenses and time, if the section opening is not due to the fault of the Contractor. If the Contractor is late in completing features of the work in accordance with the Contract or progress schedule, the Resident Engineer will give written notice establishing a time period for completing these featu res. If the Contractor does not complete these features or make a reasonable effort to complete the work in accordance with the written notice, the Resident Engineer may direct 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 perform the remaining construction operations with minimum interference to traffic at no additional cost to the Department. Repair damage to the Project, not caused by traffic o r from slides, at no additional cost to the Department. Before removal of slides, the Resident Engineer will determine a removal approach and provide to the Contractor.
105.16 Furnishing Right -of-Way
Before construction begins, the Department will secure right -of-way and will ensure that it is available for the Contractor’s unrestricted operations, except as otherwise required by the Contract.
105.17 Project Completion A Nd Acceptance
A.Substantial Completion Substantial completion is defined as follows: All pavement markings and safety appurtenances have been installed, Traffic has been placed in its final lane configuration, and No further lane closures will be necessary to perform remaining Contract work. For projects not opened to traffic, substantial completion occurs if the project is available for a subsequent project or the designated use. The Department may identify project specific features or requirements in the Contract requirements.
B.Project Completion After the Contractor has completed the Work, the Resident Engineer will make an inspection. If all work is completed in accordance with the Contract requirements, any change order(s), or applicable CONTROL OF WORK 105.17 supplemental agreements, the Resident Engineer will assign a Completion Date and relieve the Contractor of all construction site responsibilities. If the inspection discloses work not completed in accordance with the Contract requirements, any change order(s), or applicable supplemental agreements, the Resident Engineer will give written notice to th e Contractor of the noncompliant work found in the inspection. The Resident Engineer will not declare the Project complete until the Contractor addresses the noncompliant work to the satisfaction of the Resident Engineer. The Resident Engineer will evalua te the Prime Contractor’s performance, and document the evaluation using the Department’s approved Contractor performance evaluation form. The Prime Contractor will be given a copy of evaluation and will have the opportunity to discuss any unsatisfactory ratings with the Resident Engineer prior to the form being approved by the Division Engineer. Any subcontractor’s performance is subject to evaluation.
C.Final Acceptance Final acceptance occurs after the Contractor executes and submits all documents, ce rtificates, proofs of compliance, and the Final Estimate. When the Contractor submits and the Resident Engineer accepts all Contract required project documentation and the Final Estimate, the Resident Engineer will assign an Acceptance Date. Final paymen t will not be due to the Contractor until the Acceptance Date has been assigned. In accordance with Statutes and regulations, the Acceptance Date will govern the payment of any interest or monies due the Contractor.
D.Partial Completion At any time durin g the Project, if the Contractor or a subcontractor completes a part of the Contract, the Contractor may request the Resident Engineer make a final inspection of that part. If the Resident Engineer finds that part completed in accordance with the Contract requirements, any change orders, or applicable supplemental agreements, the Resident Engineer may assign a Partial Completion Date and relieve the Contractor of further responsibility for that part. The decision to declare Partial Completion is the sole responsibility of the Resident Engineer. A Partial Completion decision by the Resident Engineer does not void or alter any terms of the Contract.
E.Partial Acceptance The Contractor may request the Resident Engineer inspect a part of the project. Partia l Acceptance may occur for a designated part of the Contract if the Resident Engineer assigns it a Partial Completion Date, determines final quantities for the designated part of the Contract, and the Contractor submits and the Resident Engineer accepts al l required material certifications and documentation. Once the Resident Engineer assigns a Partial Acceptance Date and submits a progressive estimate, the Contractor shall be relieved of further responsibility for that Contract part. Once the Resident En gineer determines audited final quantities for a designated part of the Contract work and the Department pays for that work, those audited final quantities will not be revised or adjusted. If, after Partial Acceptance, the Contractor or a subcontractor da mages the accepted work part, the Contactor shall repair or replace the damaged work in accordance with the Contract requirements and to the satisfaction of the Engineer at no additional cost to the Department.
105.18 Control of Work
105.18 Claims for Adjustmen T
The Contractor m ay submit a claim for Contract adjustment after the Resident Engineer has received, reviewed, and denied a Contractor request for compensation, time, or both. If the Contractor considers additional compensation due for work or material not covered in the Contract, or considers additional time due for completion of Contract requirements; submit a written “Notice of Intent to File Claim” (Notice) to the Resident Engineer in accordance with Subsection 104.06, “Notificatio n of Differing Site Conditions, Changes, and Extra Work.” Submit the Notice before beginning work not covered by the Contract, work caused by a change of plan, or continuing work that has been altered by changes in methodology, location, or differing sit e conditions directed by the Resident Engineer. The Department requires the Contractor to submit this Notice (no exceptions) before the submission of a claim and before beginning or continuing affected work. If the Contractor does not submit a Notice with in the time and in the manner specified in Subsection 104.06, “Notification of Differing Site Conditions, Changes, and Extra Work, ” the Contractor waives any claim for additional compensation. The Notice will allow the Department to evaluate options mitigating the impact of the claim. The Resident Engineer will respond to the Notice in accordance with Subsection 104.06.B, “Contract Work Continuation and Claim Response.” Cooperate with the Resident Engineer and provide information during the period of notification, review, and evaluation to resolve the Contract issue and avoid, if possible, further claim process actions. If the Contractor does not give written notice and does not a llow the Resident Engineer the opportunity to keep strict account of actual costs, the Contractor waives any claim for additional compensation. Notice by the Contractor, and cost accounting by the Resident Engineer shall not be construed as substantiating the validity of the claim. Within 90 days after completion of the work for which extra compensation or time has been requested, submit to the Resident Engineer specific cost information justifying the request for additional compensation. Place this info rmation on the latest edition of the Department’s form entitled “Cost Breakdown for Support of Supplemental Agreement.” If the Contractor does not submit a fully documented claim to the Resident Engineer within 90 days, the Department will not allow any e xtra compensation or additional time.
A.Requirements for Contractor Claims Submit claims in sufficient detail to allow the Resident Engineer to determine the basis for entitlement and the resulting costs. The Department will not accept a claim against a unit price -based Contract for additional costs, lost profits, or for any other compensation, based on a total cost or modified total cost calculation that would result in a total cost -plus or a total unit cost compensation. In these Specifications, the De partment considers the terms “total cost claim” or “modified total cost claim” to include all work required by the Contract, or any portion, unit, part or parts of the work required by the Contract, however such portion, unit, part or parts of the work may be identified, categorized or isolated from remaining work and any claim for compensation for all work on the Contract or for any portion, unit, part or parts of the work of the Contract using any form, technique, method or mode which results in a “total cost” figure, sum or result from cost computation. Provide the following minimum information with each claim submitted: CONTROL OF WORK 105.18 Detailed factual statement of the claim providing all necessary dates, locations, and items of work affected by the claim. (See the required format for a factual statement at the end of this list.) The date actions resulting in the claim occurred or conditions resulting in the claim became evident. A copy of the written “Notice of Intent to File a Claim,” filed by the Contractor for th e specific claim. The name, title, and activity of each Department employee knowledgeable about facts that gave rise to such claim. The name, title, and activity of each Contractor employee knowledgeable about facts that gave rise to such claim. The specif ic Contract requirements that support the claim, and a statement why the requirements support the claim. A weekly listing of all construction equipment in use or held in standby condition, as approved by the Resident Engineer, due to the work that is the s ubject of the Claim including the type, make, model and year of manufacture. The listing will reflect hours that equipment was in use or standby condition due to the work that is the subject of the claim. No equipment costs will be allowed on a claim for t hose periods of time that the Contractor failed to file the equipment listing. The identification of any relevant documents relating to the claim. A statement that the additional compensation or extension of time is based on the provisions of the Contract or on an alleged breach of Contract. For time extension claims, the specific days sought and the basis for the claim for time as determined by an analysis of the Contractor’s Progress Schedule provided to the Department in accordance with Subsection 108.03.A, “Activities Schedule Chart (ASC) and Written Narrative (WN),” or Subsection 108.03.B, “Critical Path Progress Schedule, ” before starting the Work. The amount of additional co mpensation sought and a breakdown of that amount in accordance with Subsection 109.04, “Differing Site Conditions, Changes, and Extra Work.” Failure to submit a claim before the Department makes final payment on the Con tract shall constitute a waiver of all claims. The detailed factual statement shall include the following minimum information:
1.Introduction The purpose of the introduction is to present a general background in sufficient detail to provide an overview o f the claim.
2.Contract Requirements The purpose of the Contract requirements is to establish what provisions in the Contract documents that the Contractor relied on to prepare the bid and schedule to perform the work. This section establishes what Cont ract provisions the Contractor relied on and provides the basis for measurement of the differences between what the Contractor anticipated and what actually occurred. Establish a right, under the Contract on which the Contractor relied, to provide a basi s for the Contractor’s claim.
105.18 Control of Work
3.Contractor’s Schedule The purpose of this section is to provide an opportunity to show that the Contract element(s) identified in Subsection 105.18.A (2), “Contract Requirements” were critical to its scheduled completion of the Contract requirements. Demonstrate in this section that the Contractor’s reliance on the above -identified Contract requirements was reasonable for establishing the Contractor’s Progress Schedule, the mean s, and methods which he/she planned to perform the work. The Contractor’s Progress Schedule used to support this subsection shall be the schedule provided to the Department in accordance with Subsection 108.03.A, “Ac tivities Schedule Chart (ASC) and Written Narrative (WN),” or Subsection 108.03.B, “Critical Path Progress Schedule,” before starting the Work. Estimated cost for performance of required contract work may be supporte d by either bid documents used in bidding the project or by empirical data from the Contractor’s performance on previously completed projects.
4.Variations in the Contract Requirements Encountered on the Project The purpose of this section is to allow th e Contractor to clearly show that the actual conditions and circumstances encountered in building the Project differed materially from the requirements of the Contract.
5.Effects of the Variations The purpose of this section is to allow the Contractor to explain how the changes in conditions and circumstances impacted the Contractor’s plan and affected the Contractor’s work.
B.Required Certification of Claims The claim submittal shall include a written certification, under oath, by the Contractor and any subcontractor presenting a claim through the Contractor, attesting to the following: The claim is made in good faith. Supportive data is accurate and complete to the Contractor’s (subcontractor’s) best knowledge and belief. The amount of the claim accurately reflects the Contractor’s (subcontractor’s) true cost incurred. The amount of the claim has been adjusted and reduced to reflect change orders related to the claim for which the Contractor (subcontractor) has previously been compensated. In com plying with this requirement, the Contractor and any subcontractor presenting a claim through the Contractor shall use the Department’s Certificate of Claim form as follows: CONTROL OF WORK 105.18 Certificate of Claim Under the penalty of law for perjury or falsification, the undersigned, , (Name) , (Title) , (Company) hereby certifies that the claim for extra compensation and time, if any, made herein for work on this Contract is a true, accurate, and complete statement of all actual costs incurred and time sought, and is fully documented and supported under the Contract between the parties. I further certify that I am authorized to submit this Claim on behalf of ________________________ and to bind this company as to this matter. This claim has been a djusted and reduced to reflect change orders related to this claim for which this company has previously been compensated. The above information is true and correct to the best of my knowledge WARNING (Authorized Signature) IT IS A FELONY TO MAKE OR PRESENT A FALSE, FICTITIOUS, OR FRADULENT CLAIM FOR PAYMENT OF PUBLIC FUNDS. THE STATE OF OKLAHOMA WILL PROSECUTE AND CONVICTION MAY RESULT IN CRIMINAL PENALITIES. (21
O.S.§§358, 359) (Social Security No. or Federal ID No.) State of Oklahoma ) ) §: County of __________________ ) On the ________day of ___________________, 20 ____, before me personally appeared ___________________________________ to me known to be the person(s) named herein and who executed the foregoing document and acknowledge to me that ____________________ volun tarily executed the same. My commission expires the _____ day of _________, 20___. (seal) (Notary Public)
106.01 Control of Material
C.Documentation of Claims The Department will assess claims for additional compensation for differing site conditions, changes in the character of work, or for extra work and will determine their value in accordance with Subsection 109.04, “Diff ering Site Conditions, Changes, and Extra Work.” The Department will evaluate claims for extension of Contract Time in accordance with Subsection 108.07, “Administration and Extension of Contract Time.”
D.Review of Re quest for Additional Compensation or Time The Resident Engineer will review and respond in writing to the Contractor’s request for additional compensation or time within the following time periods: For claims of $100,000 or less, 45 calendar days from the receipt of the Contractor’s claim including all required supporting documentation; For claims of more than $100,000, 90 calendar days from the receipt of the Contractor’s claim including all required supporting documentation. The Resident Engineer and the Contractor may agree in writing to an extension of the Department’s review time limits required above. If the Resident Engineer does not issue a written response to the Contractor’s claim within the required time period, the Contractor may proceed as if th e claim had been formally denied, in accordance with the currently adopted dispute resolution procedure included in the Contract. If no agreement is reached between the Contractor and the Department within 15 calendar days after the Department’s response t o the Contractor, the Contractor may proceed as if the claim had been formally denied, in accordance with the currently adopted dispute resolution procedure included in the Contract. Nothing in this section shall be construed as establishing any claim cont rary to the terms of Subsection 104.06, “Notification of Differing Site Conditions, Changes, and Extra Work, ” or Subsection 108.07, “Administration and Extension of Contract Time.” SECTION 106 CONTROL OF MATERIAL
106.01 Source of Supply and Quality Requirement S
Provide material meeting the quality requirements of the Contract. Notify the Resident Engineer of proposed sources of materials before delivery to the Project. The Resident Engineer may conditionally approve material at the supply source. If the Resident Engineer finds that conditionally approved material incorporated into the work does not produce acceptable results, remove and replace or otherwise correct the material, as approved by the Resident Engineer, at no additional cost to the Department. Use new materials unless otherwise required by the Contract.
Source: Oklahoma Standard Specifications for Highway Construction, 2019 Edition. Pages 57–71 of 935.