00150Control of Work

00150.00 Authority of the Engineer - The Engineer has full authority over the Work and its

suspension. ( See Section 00180. ) The Contractor shall perform all Work to the complete satisfaction of the Engineer. The Engineer's determination shall be final on all matters, including, but not limited to, the following: • Quality and acceptability of Materials and workmanship • Measurement of unit price Work • Timely and proper prosecution of the Work • Interpretation of Contract Documents • Payments due under the Contract The Engineer's decision is final and, except as provided in 00180.80 for adjustments of Contract Time and Section 00199 for claims for additional compensation, may be challenged only through litigation. Work performed under the Contract will not be considered complete until it has passed Final Inspection by the Engineer and ha s been accepted in writing by the Agency. Interim approvals issued by the Engineer, including, but not limited to, Third Notification , will not discharge the Contractor from responsibility for errors in prosecution of the Work, for improper fabrication, for failure to comply with Contract requirements, or for other deficiencies, the nature of which are within the Contractor's control.

00150.01 Project Manager's Authority and Duties - The Engineer may designate a Project

Manager as its representative on the Project with authority to enforce the provisions of the Contract. When the Engineer has designated a Pr oject Manager, the Contractor should direct all requests for clarification or interpretation of the Contract, in writing, to the Project Manager. The Project Manager will respond within a reasonable time. Contract clarification or interpretation obtained from persons other than the Project Manager will not be binding on the Agency. The Project Manager shall have the authority to appoint Inspectors and other personnel as required to assist in the administration of the Contract.

00150.02 Inspector's Autho rity and Duties - To the extent delegated under 00150.01, Inspectors

are authorized to represent the Engineer and Project Manager to perform the following: • Inspect Work performed and Materials furnished, including, without limitation, the preparation, fabrication, or manufacture of Materials to be used; • Orally reject defective Materials and to confirm such rejection in writing; • By oral order, temporarily suspend the Work for improper prosecution pending the Engineer's decision; and • Exercise additional delegated authority. Inspectors are not authorized to: • Accept Work or Materials. • Alter or waive provisions of the Contract. • Give instructions or advice inconsistent with the Contract Documents. 00150.10 37 00150.05 Cooperative Arrangements - The Contractor may enter into a voluntary partnering agreement with the Agency for the Work covered by this Contract. Some elements of this arrangement are described in 00120.95. The Contractor m ay exercise the election to enter into a partnering agreement by signing and returning the form provided with the Notice of Award. If the Contractor elects to enter into a partnering agreement, t his form must be returned no later than the time that the Co ntractor returns the signed Contract to the Agency. This form does not need to be returned if the Contractor does not wish to enter into a partnering agreement. Entering into a partnering agreement does not constitute nor create a legal partnership, joint venture, other legal Entity, or legal relationship between the Contractor and the Agency. No partnering agreement shall replace, modify, or suspend the terms of the Contract. If the partnering agreement alternative is selected: • Within 5 Calendar Days of receipt of the signed form by the Agency, the Contractor and the Engineer will identify the key personnel who will participate in the orientation workshop. Key personnel should include key Subcontractors and other stakeholders. The Agency will arrange the workshop time and location. • It is intended that the partnering agreement will result in informal agreements that establish an environment of cooperation between the Contractor and the Agency. • A working arrangement for the Contractor and the Agency wil l be developed and, if agreed at the workshop, committed to writing. • Either the Contractor or the Agency may withdraw from the partnering agreement upon written notice to the other. However, no claim or dispute settled or change approved during the existe nce of the partnering agreement shall be revived. • The sole remedy for nonperformance of the partnering agreement shall be the ability to withdraw from the partnering agreement as stated in the paragraph immediately above.

00150.10 Coordination of Contrac t Documents - The Contract Documents, including, but not

limited to , Contract Change Orders, the Special Provisions, the Plans, and the Standard Specifications are intended to collectively describe all of the items of Work necessary to complete the Project.

00150.15 Construction Stakes, Lines, and Grades :

00150.25 Acceptability of Materials and Work - The Contractor shall furnish Materials and shall

perform Work in Close Conformance to the Contract Documents. If the Engineer determines that the Materials furnished or the Work performed are not in Close Conformance with the Contract Documents, the Engineer may: • Reject the Materials or Work and order the Contractor, at the Contractor's expense, to remove, replace, or otherwise correct any non-conformity; or • Accept the Materials or Work as suitable for the intended purpose, adjust the amount paid for applicable Pay Items to account for diminished cost to the Contractor or diminished value to the Agency, document the adjustment, and provide written documentation to the Contractor regarding the basis of the adjustment. The Engineer's decisions concerning acceptability of Ma terials or Work will be final.

00150.30 Delivery of Notices - Written notices to the Contractor by the Engineer or the Agency will

be delivered: In person; By U.S. Postal Service first class mail or priority mail (which at the sender's option may include certified or registered mail return receipt requested), to the current office address as shown in the records of the Agency; or By overnight delivery service of a private industry courier, to the current office address as sh own in the records of the Agency. Notices shall be considered as having been received by the Contractor: At the time of actual receipt when delivered in person; At the time of actual receipt or 7 Calendar Days after the postmarked date when deposited for delivery by first class or priority mail, whichever is earlier; or 00150.35 At the time of actual receipt or 3 Calendar Days after deposit with a private industry courier for overnight delivery service, whichever is earlier. Written notices to the Engineer or the Agency by the Contractor shall be delivered to the Agency address shown in the Special Provisions, unless a different address is agreed to by the Engineer, and shall be delivered: In person; By U.S. Postal Service first class mail or priority mail (which at the sender's option may include certified or registered mail return receipt requested); or By overnight delivery service of a private industry courier. Notices will be considered as having been received by the Agency: At the time of actual receipt when delivered in person; At the time of actual receipt or 7 Calendar Days after the postmarked date, when deposited for delivery by first class or priority mail, whichever is earlier; or At the time of actual receipt or 3 Calendar Days after deposit with a private industry courier for overnight delivery service, whichever is earlier. For purposes of this Subsection, the time zone is Pacific Standard Time (PST) to determine time of receipt of notices and other documents. For purposes of this Subsection, non-business days are Saturdays, Sundays and legal holidays as defined by ORS 187.010 and 187.020. Following Notice to Proceed, all notices and other documents submitted to the Contractor by the Engineer, or to the Engineer by the Contractor, electronically under 00170.08: If recorded in Doc Express® as received before 5:00 p.m. PST on a business day it shall be considered as received on the business day on which it was actually received in Doc Express®. If recorded in Doc Express® as received on a non-business day, or after 5:00 p.m. PST on a business day, it shall be considered as received at 8:00 a.m. PST on the next business day. Claims must be submitted on paper documents according to Section 00199.

00150.35 Plans, .00003D Engineered Models, Working Drawings, and .00003D Construction Models:

00150.37 Equipment Lists and Other Submittals - The Contractor shall submit Equipment lists,

and other required submittals for approval by the Engineer. The Engineer will respond to requests for approval within 21 Calendar Days (65 Calendar Days if Railroad approval is required) after receipt by the Engineer unless otherwise specified in the Section of the Specifications requiring such approval.

00150.40 Cooperation and Superintendence by the Contractor - The Contractor is responsible

for full management of all aspects of the Work, including superintendence of all Work by Subcontractors, Suppliers, and other providers. The Contractor shall appoint a single Superintendent and may also appoint alternate Superintendents as necessary to control the Work. The form of appointment of the alternate shall state, in writing, the alternate's name, duration of appointment in the absence of the Superintendent, and scope of authority. The Contractor shall: • Provide for the cooperation and superintendence on the Project by: • Furnishing the Engineer all data necessary to determine the actual cost of all or any part of the Work, added Work, or Changed Work. • Allowing the Engineer reasonable access to the Contractor's books and records at all times. To the extent permitted by public records laws, the Engineer will make reasonable efforts to honor the Contractor's request for protection of confidential information. • Keeping one complete set of Contract Documents on the Project Site at all times, available for use by all the Contractor's own organization, and by the Engineer if necessary. • Appoint a single Superintendent, and any alternate Superintendent, who shall meet the following qualifications: • Appointees shall be competent to manage all aspects of the Work. • Appointees shall be from the Contractor's own organization. • Appointees shall have performed similar duties on at least one previous project of the size, scope and complexity as the current Contract. • Appointees shall be experienced in the types of Work being performed. • Appointees shall be capable of reading and thoroughly understanding the Contract Documents. • The appointed single Superintendent, or any alternate Superintendent, shall: • Be present for all On-Site Work, regardless of the amount to be performed by the Contractor, Subcontractors, Suppliers, or other providers, unless the Engineer provides prior approval of the Superintendent's or alternate Superintendent's absence. • Be equipped with a two-way radio or cell phone capable of communicating throughout the Project during all the hours of Work on the Project Site and be available for communication with the Engineer. • Have full authority and responsibility to promptly execute orders or directions of the Engineer. • Have full authority and responsibility to promptly supply the Materials, Equipment, labor, and Incidentals required for performance of the Work. • Coordinate and control all Work performed under the Contract, including, without limitation, the Work performed by Subcontractors, Suppliers, and owner/operators. • Diligently pursue progress of the Work according to the schedule requirements of Section 00180. 00150.50 • Cooperate in good faith with the Engineer, Inspectors, and other contractors in performance of the Work. • Provide all assistance reasonably required by the Engineer to obtain information regarding the nature, quantity, and quality of any part of the Work. • Provide access, facilities and assistance to the Engineer in establishing such lines, grades and points as the Engineer requires. • Carefully protect and preserve the Engineer's marks and stakes. Any Superintendent or alternate Superintendent who repeatedly fails to follow the Engineer's written or oral orders, directions, instructions, or determinations, shall be subject to removal from the Project. If the Contractor fails or neglects to provide a Superintendent, or an alternate Superintendent, and no prior approval has been granted, the Engineer has the authority to suspend the Work according to 00180.70. Any continued Work by the Contractor, Subcontractors, Suppliers, or other providers may be subject to rejection and removal. The Contractor's repeated failure or neglect to provide the superintendence required by these provisions constitutes a material breach of the Contract, and the Engineer may impose any remedies available under the Contract, including, but not limited to, Contract termination.

00150.50 Cooperation with Utilities:

00150.55 Cooperation with Other Contractors - The Agency reserves the right to perform other

work on or near the Project Site, including, without limitation, any Materials site, with forces other than those of the Contractor. If such work takes place on or near the Project Site, the Contractor shall have the following obligations: • The Contractor shall coordinate Work with other contractors or forces. • The Contractor shall cooperate in good faith with all other contractors or forces. • The Contractor shall perform the Work specified in the Contract in a way that will minimize interference and delay for all forces involved. • The Contractor shall place and dispose of the Materials being used so as not to interfere with the operations of other forces. • The Contractor shall join the Work with that of other forces in a manner acceptable to the Engineer or the Agency, and shall perform it in the accepted sequence with the work of the other force. The Engineer will resolve any disagreements under this Subsection that may arise among the Contractor and other work forces, or between the Contractor and the Agency. The Engineer's decision in these matters is final, as provided in 00150.00. 00150.70 When the schedules for Work of the Contractor and the work of other forces overlap, each contractor involved shall submit a current, realistic progress schedule to the Engineer. Before the Engineer accepts the schedule, each party shall have the opportunity to review all schedules. After this review and any necessary consultations, the Engineer will determine acceptable schedules. The Contractor waives any right it may have to make claims against the Agency for any damages or claims that may arise because of inconvenience, delay, or loss due solely to the presence of other contractors working on or near the Project Site. If the Contract gives notice of work to be performed by other forces that may affect the Contractor's Work under the Contract, the Contractor shall include any costs associated with coordination of the Work in the appropriate Pay Item or as a portion of a Pay Item. In an emergency, the Contractor most immediately able to respond may repair a facility or Utility of another contractor in order to prevent further damage to the facility, Utility, or other Structure as a result of the emergency.

00150.60 Construction Equipment Restrictions:

00150.70 Detrimental Operations - The Contractor shall avoid operations whose methods,

conditions, or timing may injure people or damage property or the Work. Damage may include, without limitation, staining surfaces with mud or asphalt or damaging Utilities and foundations. (See also 00150.60, 00150.75, and Section 00170.) When any such damage occurs, the Engineer will determine if it is to be corrected by repair, replacement, or compensatory payment by the Contractor. If compensatory payment is required, the Engineer will determine the amount. Compensatory payment may be deducted from monies due or to become due to the Contractor under the Contract. 00150.75

00150.75 Protection and Maintenance of Work During Construction - The Contractor shall

protect and maintain the Work during construction and until Third Notification has been issued, unless otherwise provided in the Contract. For the purposes of this Subsection, "maintenance" shall include measures to prevent deterioration of Roadway and Structures at the Project Site, and to keep them in good condition at all times during the prosecution of the Work. The Contractor shall continuously allocate sufficient Equipment and workers to achieve such maintenance. If the Contract requires the placement of a Course upon a previously constructed Course or Subgrade, the Contractor shall maintain the previous Course or Subgrade during all construction operations. The Contractor shall include costs of protecting and maintaining the Work during construction in the unit prices bid for the various Pay Items. The Contractor will not be paid an additional amount for this Work, unless otherwise specified. The Engineer will notify the Contractor of the Contractor's noncompliance with this Subsection. If the Contractor fails to remedy unsatisfactory protection or maintenance within 24 hours after receipt of such notice, the Engineer may proceed to remedy the deficiency, and deduct the entire cost from monies due or to become due the Contractor under the Contract.

00150.80 Removal of Unacceptable and Unauthorized Work - The Contractor shall correct or

remove unacceptable Work and remove unauthorized work, as directed by the Engineer in writing. The Contractor shall replace such work with Work and Materials conforming to the requirements of the Contract. For the purposes of this Subsection, "unauthorized work" shall include without limitation the following: • Work that extends beyond lines shown on the Plans or otherwise established by the Engineer; • Work that is contrary to the Engineer's instructions; and • Work that is conducted without the Engineer's written authorization. The Agency will not pay the Contractor for unacceptable Work, except as provided in 00150.25, or for unauthorized work. The Engineer may issue a written order for the correction or removal of such work at the Contractor's sole expense. If, when ordered by the Engineer, the Contractor fails to correct or remove unacceptable Work or remove unauthorized work, the Engineer may have the correction, removal or removal and replacement, done by others and deduct the entire cost from monies due or to become due the Contractor under the Contract.

00150.90 Final Inspection:

00150.91 Post-Construction Review - The Contractor or the Engineer may request a

Post-Construction Review meeting, to be held at a time prior to issuance of Third Notification but not earlier than 45 Days following the date of Second Notification. The meeting may be held if agreed to by both parties. The party making the request will conduct the meeting, and will announce the time and place of the meeting at least 15 Days prior to the meeting date. The purpose of this meeting is to examine the Project for possible process improvements that may benefit future projects.

00150.95 Final Acceptance - After the Engineer completes Final Inspection of all Work and sends

Third Notification to the Contractor, the Agency will acknowledge Final Acceptance. The Agency will notify the Contractor in writing of the date of Final Acceptance within 7 Calendar Days after Final Acceptance, or as soon thereafter as is practicable.

00150.96 Maintenance Warranties and Guarantees - Prior to Third Notification, the Contractor

shall transfer to the Agency all unexpired manufacturers' warranties and guarantees for Materials and Equipment installed on the Project. Such warranties and guarantees shall recite that they are enforceable by the Agency.

00150.97 Responsibility for Materials and Workmanship:

Control of Work in other states

• Alaska 105 · CONTROL OF WORK
• Alabama 105 · CONTROL OF WORK
• Arkansas 105 · CONTROL OF WORK
• California 5 · CONTROL OF WORK
• Colorado 105 · Control of Work
• Georgia 105 · Control of Work
• Iowa 1105 · Control of Work