00150.00 36 Section 00150 - Control of Work
00150.00Authority 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.
00150.01Project 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.
00150.02Inspector'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.
00150.10Coordination 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.
documents in the following order of precedence:
• Contract Change Orders; • Special Provisions; • Stamped Agency -prepared drawings specifically applicable to the Project and bearing the Project title; • Reviewed and accepted, stamped Working Drawings; • 3D Engineered Models and supplemental Agency -prepared line, grade and Cross Section data applicable to the Project; • Standard Drawings; • Approved unstamped Working Drawings and 3D Construction Models ; • Standard Specifications; and • All other Contract Documents not listed above.
Notes on a drawing shall take precedence over drawing details.
00150.15 38 Dimensions shown on the drawings, or that can be computed, shall take precedence over scaled dimensions.
completion of the Work. If Contract Documents describe portions of the Work in sufficient detail but are silent in some minor respect, the Contractor may proceed utilizing the current best industry practices.
Contract Documents that cannot be resolved by the a pproach specified in (b) above, the Contractor shall immediately request clarification from the Engineer.
00150.15Construction Stakes, Lines, and Grades :
Work performed without field controls will be subject to removal at no additional cost to the Agency .
• Lay out and set construction stakes and marks to establish the lines, grades, Slopes, Cross Sections, and curve super -elevations for roadwork; • Provide one set of construction stakes for line and grade for each additional phase of the Work; • Set bench marks and stakes for centerline of Bridges and bents; • Calculate and provide finish deck grades; and • Deduct from payments due the Contractor all costs incurred to replace stakes and marks negligently or intentionally damaged, removed, or destroyed by the Contractor.
• Inform the Engineer of staking requirements at least 5 Calendar Days before the staking needs to begin; • Coordinate construction to provide sufficient area for the Engineer to perform surveying work efficiently and safely; • Accurately measure detailed dimensions, elevations, and Slopes from the Engineer's stakes and marks; • Perform the Work in such a manner as to preserve stakes and marks; and • Set any reference lines for automatic control from the control stakes provided by the Engineer. .20 Inspection :
performed by the Contractor to ensure Contract compliance. If the Contractor performs Work without the Engineer's inspection or uses Materials that the Engineer has not approved, the Engineer may order affected portions of the Work removed at the Contractor's expense. The foregoin g sentence shall not apply if the Engineer fails to inspect the Work within a specific period of time required in the Contract or , in the absence of a specific period of time, within a reasonable period of time after receiving the Contractor's timely writt en request for inspection or testing.
00150.30 39 At the Engineer's direction, any time before the Work is accepted, the Contractor shall uncover portions of the completed Work for inspection. After inspection, the Contractor shall restore these portions of Work to the standard required by the Contract. If the Engineer rejects Work due to Materials or workmanship, or if the Contractor performed such Work without providing sufficient advance request for inspection to the Engineer, the Contractor shall bear all costs of uncovering and restoring the Work. If the Engineer accepts the uncovered Work, and the Contractor performed the Work only after providing the Engineer with sufficient advance notice, the costs of uncovering and restoring the Work will be paid for by th e Agency according to 00195.20.
tunnels, platforms, and other facilities necessary to permit the Engineer to have safe access to the Work to be inspected. The Contractor shall require producers and fabricators to provide safe inspection access as requested by the Engineer.
Engineer will test. All of the Contractor's costs related to this required sampling are Incidental.
Contractor shall coordinate with the Engineer and shall provide safe inspection access.
the Contract Documents. The Contractor shall correct Work that does not comply with the Contract Documents at its own expense. Inspection of the Work by the Engineer does not relieve the Contractor of responsibility for improper prosecution of the Work.
00150.25Acceptability 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.
00150.30Delivery 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 priorit y 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 de posit 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 thisS ubsection, non-business days are Saturdays, Sundays and legal holidays as defined by ORS 187.010 and 187.020. Follo wing 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 rece ived at 8:00 a.m. PST on the next business day. Claims must be submitted on paper documents according to Section 00199.
00150.35Plans ,
.00003D Engineered Models, Working Drawings , and .00003D Construction Models :
will show details of lines, grades , Cross Sections, and Typical Section of the Roadway, and locations and design details of Structures.
Agency -prepared Plans and 3D Engineered Models with stamped Working Drawings, unstamped Working Drawings , or 3D Construction Models that show all information necessary to complete the Work. The applicable Section or Subsection of the Standard Specifications will indicate the supplemental information required and whether the drawings are to be stamped or unstamped. Stamped Working Drawings, unstamped Working Drawings , and 3D Construction Models are defined as follows:
prepared by or under the direction of a Professional Engineer licensed in the State of Oregon, and which bear the engineer's signature, seal, and expiration date.
00150.35 41 (2) Unstamped Working Drawings - Working Drawings, calculations, and other data that do not bear an engineering seal.
Contractor shall submit Working Drawings and 3D Construction Models according to one of the following methods:
Drawings for steel Structures and six copies of Working Drawings for other Structures. The submitted copies shall be clear and readable. Drawing dimensions shall be 8 1/2 by 11 inches, 11 by 17 inches, or 22 by 36 inches in size. One copy of the submitted Working Drawings will be returned to the Contractor after processing. The Contractor shall submit such additional number of copies to the Engineer for processing that the Contractor would like to have returned.
The Contractor shall not submit 3D Construction Model data in paper format.
required in 00170.08. The Contractor shall submit 3D Construction Model data in LandXML format or as directed by the Engineer.
Working Drawings and 3D Construction Models as follows:
"accepted", "accepted with comments" , or "returned for correction" by the Engineer. If stamped Working Drawings are returned for correction by the Engineer, the Contractor shall address all comments and resubmit the stamped Working Drawings.
"approved", "approved as noted", or "returned for correction" by the Engineer. If unstamped Working Drawings are returned for correction by the Engineer, the Contractor shall address all comments and resubmit th e unstamped Working Drawings.
"approved as noted", or "returned for correction" by the Engineer. If 3D Construction Models are returned for correction by the Engineer, the Contractor shall address all comments and resubmit the 3D Construction Models.
The Contractor shall not fabricate or construct any structural components until the stamped or unstamped Working Drawings are returned by the Engineer with a written designation of "accepted", "accepted with comments", "approved", or "approved as noted", as applicable for the Working Drawings. The Contractor shall not begin construction activities that will utilize a 3D Construction Model until the Engineer has pr ocessed the model and designated it as "approved" or "approved as noted".
The Engineer's processing of the Working Drawings and 3D Construction Models does not amend any contractual obligations of the parties.
The Engineer will process and return Working Drawings and 3D Construction Models within 21 Calendar Days (65 Calendar Days if Railroad approval is required) after receipt by the Engineer. If the Engineer fails to return such drawings or models within this period of time, the Engineer will consider granting a Contract Time extension according to 00180.80. If the Contractor is required 00150.37 42 to resubmit Working Drawings or 3D Construction Models to the Engineer, the Engineer will process and return the Working Drawings or 3D Construction Models within 21 Calendar Days (65 Calendar Days if Railroad approval is required) after receipt of the resubmitted Working Drawings or 3D Construction Models by the Engineer.
00150.37Equipment 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.
00150.40Cooperation 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 Engin eer all data necessary to determine the actual cost of all or any part of the Work, added Work, or C hanged 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, Subcontrac tors, 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 ho urs 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 o wner /operators. • Diligently pursue progress of the Work according to the schedule requirements of Section 00180. 00150.50 43 • 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 deter minations, 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.
00150.50Cooperation with Utilities :
requiring adjustment may be adjusted by the Utility before, during, or after Project construction. "Adjustment of Utilities" shall mean the alteration, improvement, connection, disconnection, relocation, or removal of existing Utility lines, facilities, or systems in temporary or permanent manner.
arrangements for planned Adjustment of Utilities. The Agency will list in the Special Provisions the estimated completion dates or times for adjustment work by the Utility owner, and will include a general statement de scribing any relocation. The Plans will not normally show the anticipated new location of Utilities that have been or will be adjusted.
• Follow applicable rules adopted by the Oregon Utility Noti fication Center; • Contact Utility owners during Bid preparation and after the Contract is awarded to verify all Utilities' involvement on the Project Site; • Coordinate Project construction with the Utilities' planned adjustments, take all precautions necessary to prevent disruption of Utility service, and perform its Work in the manner that results in the least inconvenience to the Utility owners; • Include all Utility adjustment work, whether to be performed by the Contractor or the Utilities, on the Contractor's Project Work schedule submitted under 00180.41; • Protect from damage or disturbance any Utility that remains within the area in which Work is being performed. Maintain and re- establish location marks according to OAR 952-001- 0090( 3)(a). Coordinate re- establishment of the location marks with the associated Utility ; • Not disturb an existing Utility if it requires an unanticipated adjustment, but shall protect the Utility from damage or disturbance and promptly notify the Engineer; • Determine the exact location before excavating within the tolerance zone according to OAR 952-001- 0090( 3)(c); 00150.55 44 • Backfill any exposed Utilities as recommended and approved by the Utility representative. Obtain Utility locate warning tape from the Utility and replace da maged or removed warning tape. Utility locate warning tape may not be present at all existing Utilities; • Stake, place warning tape, and maintain no work limits around critical Utility facilities as shown or directed by the Engineer and the Utility; • In add ition to the notification required in OAR 952-001-0090( 6), notify the Engineer and the Utility as soon as the Contractor discovers any previously unknown Utility conflicts or issues. Contrary to the OAR, stop excavating until directed by the Engineer and allow the Utility a minimum of two weeks to relocate or resolve the previously unknown Utility issues; and • Report to the Engineer any Utility owner who fails to cooperate or fails to follow the planned Utility adjustment.
Subject to the Engineer's approval, the Contractor may adjust the Utilities by asking the Utility owners to move, remove, or alter their facilities in ways other than as shown on the Plans or in the Special Provisions. The Contractor shall conduct all negotiations, make all arrangements, and assume all costs that arise from such changes.
later than the date specified in the Special Provisions, thus causing Project completion to be delayed (provide notification under 00180.60), additional Contrac t Time will be considered under 00180.80, and additional compensation, if applicable, will be considered under 00195.40.
the area served by the Oregon Utility Notification Center, which operates a Utilities notification system for notifying owners of Utilities about Work being performed in the vicinity of their facilities. The Contractor shall not ify owners of Utilities prior to the performance of Work in the vicinity of their facilities. The Utilities notification system telephone number is 811 or 1-800-332-2344.
The Contractor shall comply with the rules of the Oregon Utility Notification Center, OAR 952-001- 0010 through OAR 952-001 -0090, and ORS 757.993. The Contractor may contact the Oregon Utility Notification Center at 503 -232- 1987 about these rules.
00150.55Cooperation 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 Contract or 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 45 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 consult ations, 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 immediatelyable 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.
00150.60Construction Equipment Restrictions :
shall comply with legal weight and speed restrictions when moving Materials or Equipment beyond the limits of the Project Site.
The Contractor shall control vehicle and Equipment loads and speeds within the Project Site according to the following restrictions, unless the Special Provisions provide otherwise:
• The Contractor shall restrict loads and speeds as necessary to avoid displacement or loss of Materials on Subgrades and Aggregate Bases. • The Contractor shall restrict weights to legal loads, and shall travel at speeds of no more than 45 mph or the posted construction speed, whichever is less, on treated Ba ses, Pavement, or wearing Courses. • The Contractor shall not cross Bridges or other Structures with Equipment or vehicles exceeding the legal load limit without prior written permission of the Engineer. The Contractor shall make any such request in writing , describing the loading details and the arrangement, movement, and position of the Equipment on the Structure. The Contractor shall comply with any restrictions or conditions included in the Engineer's written permission.
overload of pipes, box culverts, and other items that are covered, or to be covered, by fill or backfill.
caused by excessive Equipment speed or loads while performing the Work, both inside and outside the Project Site. The Engineer's permission to cross Bridges and other Structures, according to 00150.60(a) , will not relieve the Contractor from responsibility for load- caused damages.
00150.70Detrimental 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
, 00150.75, 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 Contract or. 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
00150.75Protection 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 Contract or 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.
00150.80Removal of Unacceptable and Unauthorized Work - The Contractor shall correct or
remove unaccepta ble 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 i nclude 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 ord ered 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.
00150.90Final Inspection :
completion of On-Site Work.
When all On-Site Work on the Project is completed, including, but not limited to , Change Order Work and Extra Work, the Engineer will issue Second Notification as specified in 00180.50(g).
Within 15 Calendar Days after the Engineer receives the Contractor's written notification that all punch list items, final trimming and cleanup according to 00140.90 have been completed, the Engineer will review the Project and notify the Contractor th at all Work is complete, or will give the Contractor written instruction regarding incomplete or unsatisfactory Work.
00150.97 47 (b) All Contract Work - The Engineer will issue the Third Notification when the Contractor has satisfactorily accomplished all of the following:
• The Contractor has completed all On-Site Work required under the Contract, including the punch list items from (a) above; • The Contractor has removed all Equipment , other than that incorporated into the Work ; and • The Contractor has submitted all required certifications, bills, forms, warranties and other documents.
00150.91Post -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 4 5 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.
00150.95Final 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 wil l 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.
00150.96Maintenance Warranties and Guarantees - Prior to Third Notif ication, 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.
00150.97Responsibility for Materials and Workmanship :
the Contract.
responsible for:
• Correcting or repairing any defects in, or damage to, the Work that results from the use of improper or defective materials or workmanship; or • Replacing, in its entirety, the Work affected by the use of improper or defective materials or workmanship to the extent provided by law; and • Correcting or repairing any Work, Materials, Structures, Existing Surfacings, Pavement, Utilities, or sites, including, without limitation, Wetlands, damaged or disturbed in that correction, repair, or replacement. ( See 00170.80 to 00170.85. )
responsibility for completed or performed Work, or relieve the Contractor's Surety of the obligation for any just claims arising from the completed or performed Work.