105.01 33 SECTION 105 – CONTROL OF WORK
105.01 Authority of the Engineer ................................ .............................. 33
105.02 Plans and Working Drawings ................................ ......................... 34
105.03 Conformity with Plans and Specifications ................................ ..... 36
105.04 Coordination of Plans and Specifications ................................ ...... 37
105.05 Duties of Contractor ................................ ................................ ....... 38
105.06 Planning of the Operations -Preconstruction Conference ............... 39
105.07 Cooperation with Utilities, Railroads, and Pipelines ..................... 40
105.08 Cooperation between Contractors ................................ .................. 42
105.09 Construction Stakes, Lines, and Grades ................................ ......... 42
105.10 Authority and Duties of Inspectors ................................ ................ 46
105.11 Inspection of Work ................................ ................................ ........ 47
105.12 Removal of Unacceptable and Unauthorized Work ....................... 48
105.13 Completion of Specific Sections of a Project ................................ . 48
105.14 Opening Sections of a Project to Traffic ................................ ........ 49
105.15 Acceptance ................................ ................................ ..................... 49
105.16 Claims for Adjustment and Disputes ................................ ............. 49
105.17 Alternative Equipment ................................ ................................ ... 55
105.18 Method of Measurement ................................ ................................ 56
105.19 Basis of Payment ................................ ................................ ............ 57
105.01 Authority of the Engineer
The Engineer will have full professional and executive charge of supervision of the Work, and will decide all questions that may arise concerning the following:
1.The quality and acceptability of materials furnished and work performed,
2.The rate of progress of the Work,
3.The quantity of work that has been performed at any given time,
4.All questions that may arise as to the interpretation of the Plans and Specifications,
5.The acceptable fulfillment of the Contract, and
6.Contractor compensation. 105.02 34 In all of these matters, the decision of the Engineer will be final and binding; decisions of a purely contractual or legal nature will be subject to appeal in writing by the Contrac tor to the Commissioner. The Engineer will have the authority to suspend the Work and withhold payment wholly or in part, if the Contractor furnishes materials or uses workmanship that are not fully acceptable, or fails to comply fully with any orders or w ith any provisions of the Contract. The Engineer also may suspend the Work, wholly or in part, for such periods as it deems necessary, due to unsuitable weather, conditions considered unsuitable for the prosecution of the Work, or as deemed to be in the p ublic interest.
105.02 Plans and Working Drawings
All contractors and subcontractors directly engaged in the erection or removal of falsework, temporary structures, structural steel, precast prestressed or mild steel re inforced concrete bridge beams or girders over active highway traffic lanes, on any route, railroad or any stream deemed navigable to commercial or pleasure water craft, shall submit an erection plan prepared and stamped by a Professional Engineer licensed in the State of Tennessee . See also 602.41, 602.42, and 604.06. The Contract Plans, generally, will show sufficient details and dimensions to define the Work. When addition al details and dimensions are needed, prepare working drawings and submit them to the Engineer for approval. Submission of working drawings will not serve to change the intent of the Contract documents. The Contractor may instruct the fabricator to submi t shop or working drawings directly to the Department. The Department will construe the fabricator to be an agent of the Contractor and will consider any changes to the Contract Plans submitted by the fabricator as made by the Contractor. The Contractor shall bear a ll costs for changes other than those required by the Department. Unless otherwise noted on the Plans or Specifications, shop drawings for all types of structures shall be submitted by, or on behalf of the Contractor, directly to the Division of Structures, for processing and distribution by the checking agency. Proof of appropriate fabricator certification for the type of structure to be fabricated shall be submitted along with the shop drawings. Submit shop drawings for the following items : Structural steel, metal bridge rails, bearing devices (shop drawings not required for plain elastomeric bearing pads), bridge deck drains (shop drawings not required if fabricated according to applicable Standard 105.02 35 Drawing), navigation lighting support brackets, precast prestressed concrete beams, p recast prestressed concrete deck panels, precast reinforced concrete beams, precast concrete box and three-sided culverts (not required if built in accordance with Department standards or published ASTM standards), post-tensioned concrete, roadway expansion devices, steel stay-in-place forms, energy attenuation devices, overhead and cantilever sign structures, high mast light foundations, retaining walls and noise walls, cofferdams , and any other items when shown on the Plans. Also submit required erection drawings for all bridge structures to be erected over active roads, ra ilroads, and navigable waterways; drawings of fals ework, bracing, cofferdams, sheeting, and bending of reinforcing steel ; and other supplementary plans required by the Engineer and specified in 602.42. Each shop drawing sheet shall contain in the title block the following: the project number, county, bridge name, bridge number (or structure type and number), station and contract. Shop drawings whose title sheets do not include the foregoing identification will be returned for correction before any reviews for approval are conduc ted. Submit shop drawings in sets with the drawing numbers running consecutively in each set. Do not resubmit shop drawings marked “APPROVED” or “APPROVED AS NOTED” unless specifically instructed. All shop drawings shall be submitted electronically. Th e preferred format for electronic submittals is *.pdf format. Submittals shall be sent to the following email address: TDOT.Structures.ShopDrawings@tn.gov . Paper copies of shop drawings for steel girders will be required when requested by the designer for review. Except for Strain Poles, Street Lighting Poles, High Mast Poles with Accompanying Lowering Devices, Photometrics and Cofferdams, the fabricator s hall furnish the Division of Structures an electronic copy of as - built shop drawings after the structure is complete and before final payment will be made. A *.pdf file is the preferred format for electronic copies. Submittals shall be sent to the follow ing email address: TDOT.Structures.ShopDrawings@tn.gov . All working drawings shall be approved by the Engineer; such approval will be general in nature and will not operate to relieve the Contrac tor of its responsibility under the Contract for the successful completion of the Work. In addition to such approval, working drawings involved in construction over 105.03 36 or under railroad tracks will require approval of the railroad company before approval is granted by the Engineer. Submit plans for any cofferdams, sheeting and bracing details for bents or piers adjacent to a track, and falsework for erecting the spans over tracks, and the method of installation for the protection of the tracks, to the Engine er. Do not begin such work until these plans are approved by the Department and the Chief Engineer of the railroad. Approval of these plans will not relieve the Contractor from liability. The above also applies in connection with the installation of pip es, culverts, and other work adjacent to or under railroad tracks. The Department will not pay for the cost of preparing working drawings separately. These costs will be included in the prices of the respective Contract items involved. Shop drawings for structural steel bridge components, precast or precast prestressed bridge, noise wall or retaining wall components and post - tensioning systems shall be accompanied on the first submittal by evidence of appropriate certification as described in 602, 615, 616, and 908. Complete Shop Drawing, Working Drawing, or Erection Plan packages submitted for review, acceptance, or approval by the D epartment will be approved or denied within thirty (30) days of receipt per submittal. If revised or additional drawings are required, appropriate additional time will be allowed for review, acceptance, or approval. If the approval process exceeds thirty (30) days, the Department may extend the completion date if the delay adversely affects the critical path. When multiple drawings are submitted at the same time, each drawing must be prioritized according to the critical path submitted for the Project to not overload the approval process.
105.03 Conformity with Plans and Specifications
Perform all Work and furnish all materials in reasonably close conformity with the lines, grades, cross -sections, dimensions, and material requirements, including tolerances , as shown on the Plans or as specified. If materials, or the finished product in which they are used, or various other facets of the Work, are found not to be within reasonably close conformity with the Plans and Specifications, the Engineer will determine if the Work, as performed, is in reasonably close conformity to be adequate for the basic engineering purpose. If adequate, th e Engineer may accept the material or work in question subject to an appropriate adjustment in the Contract price, and the materials or work will be permitted to remain in place. If the Engineer rejects the work as unacceptable for the intended purpose, the Contractor shall remove and replace the material or work in question, at no cost to the Department in accordance with 105.12. 105.04 37 If the material or work is accepted under such conditions, the Engineer will document the basis of acceptance by Change Order providing for an appropriate adjustment in the Contract price or materials as the Engineer deems necessary based on engineering judgment. If the material or work includes predetermined pay factor adjustments, the Engineer will d etermine the price adjustment based on the measured level of conformance to the specifications. All products must be listed on the Qualified Products List (QPL) and perform as specified at the time of use regardless of Letting date. Any products removed f rom the QPL or that do not perform as specified, must be supplied or replaced at the Contractor’s expense. Products listed on the QPL which fail to comply with Departmental performance expectations shall be removed from the QPL. Products removed from the QPL shall be replaced with an equivalent product from the QPL. At the Departments discretion, an equitable adjustment may be made to the contract for invoice price deviations.
105.04 Coordination of Plans and Specifications
These Specifications, the Supplemental Specifications, the Plans, Special Provisions, and all other documents that are part of the Contract, are intended to be complementary a nd to describe and provide for a complete Contract. Requirements in one of these are as binding as if occurring in all of them. In case of discrepancy the governing order is as follows:
1.Special Provisions
2.Plans
3.Supplemental Specifications
4.Standard Specifications In interpreting Plans, calculated dimensions will govern over scaled dimensions ; Contract Plans, typical cross -sections, and approved working drawings will govern over standard sheets. If the Contract contains technical specifications relating to uti lity items or building structures, and the technical specifications conflict with these Specifications, the Standard Specifications will govern when the work is performed within the roadway template, shoulder to shoulder. Do not take advanta ge of any error or omission in the Plans or Specifications or of any discrepancy between the Plans, the Specifications, or any other of 105.05 38 the Contract documents. Notify the Engineer immediately in accordance with 104.03 upon disc overing any apparent error or discrepancy. The Engineer will provide an interpretation and final decision . At the Contractor’s request, the Engineer will provide the final decision in writing .
105.05 Duties of Contractor
Maintain one complete set of the Contract documents, including applicable Standard Drawings, on the Project at all times. The Department will supply, without cost, two copies of the proposal form and Plans, except Standard Roadway and Structure Drawings. The Department will provide the Contractor with Standard Roadway and Structure Drawings at cost upon request. Provide copies, in the number required by the Engineer, of all statements of proposed subcontracts. Sublet contracts in accordance with 108.01. Provide the Engineer with information requested by the Department related to the purchase or delivery of materials. Give the Work the constant attention necessary to facilitate its proper progress. Cooperate with the Engineer, the Engineer’s assistants and inspectors, and with other contractors in every way possible. Before starting the Work, designate in writing a representative with the authority to represent and act for the Contractor. The representative shall be present at the site of the Work at all times while work is actually in progress on the Contract. When work is not in progress or has been suspended, make arrangements acceptable to the Engineer for any emergency work that may be requir ed. Furnish a representative irrespective of the amount of the work sublet or remaining to be performed on the Project. Whenever the representative is not present or unavailable on any particular part of the Work where it may be necessary to give directi on, the Engineer may provide direction, which the superintendent or foreman who may have charge of the particular work shall receive and follow. Designate a responsible individual as a customer service representative. This representative shall be authoriz ed to address any customer service inquiry on the Contractor’s behalf. In addition, when a Preconstruction Public Meeting is planned, the customer service representative shall attend and present the schedule and technical information regarding the Contrac t. Designate a responsible individual within the Contractor organization to attend and participate in a Post Construction Project Review on all projects 105.06 39 with an original contract bid price of $10,000,000.00 or more. The Department will conduct this review as soon as practical following the completion of the Work. The review shall be held to identify all significant project problems and make recommendations on how these problems can be avoided on future projects. Items to be discussed shall include, but a re not limited to, cost overruns, Change Orders, completeness and accuracy of plans, and Contract obligations.
105.06 Planning of the Operations -Preconstruction Conference
After the Contract is fully executed and before beginning work, provide the Engineer with a complete and practicable plan of operations in accordance with 108.03, which shall provide for the orderly and continuous performance of the Work. The contractor must attend a precon struction conference arranged by the Engineer. Make available at the meeting all data necessary to substantiate the plan of operation and scheduling. When applicable, also provide the following at the conference: 1.Plan of Operation ; 2.Material Supplie rs List, including name and location of suppliers ; 3.24-hour emergency contact information for Traffic Control , Erosion Control, Customer Service, and Employee Safety professionals ; 4.Copy of Signed Agreement between Contractor and DBE Subcontractor; 5.Detouring/Controlling Traffic Plan ; 6.Erosion control and storm water pollution prevention plan; 7.Traffic Control Certification Letter ; 8.Proposed traffic signing diagram ; 9.Contractor Employee Safety and Health Program (ESHP) Certification Letter ; 10.Listing of all subcontractors and the items and/or material they are involved with ; 105.07 40 11. Buy America includ ing all steel to be used including utilities, traffic and other steel components incorporated into the Project; and
12.Submit schedule for meeting Certified Payroll timeframes required under 29 CFR Sections 3.3, 3.4, and 5.5 for Contractor payroll and Subcontractor’s payroll on the contract. Submit the weekly pay period end days and payroll payment days for the Contractor an d Subcontractors on the project. Ensure that all subcontractors have a safety program or participate in that of the Contractor . The Contractor is responsible for work site safety and conducting all operations to protect the workers engaged in duties conne cted with the Work. In addition to this basic plan of operations, notify the Engineer of planned or contemplated operation details sufficiently in advance of starting each phase so that the Engineer may arrange for inspection. Such notice shall include the nature and location of the work planned or contemplated, the date and time of starting, and any hours outside of the conventional working day and working week during which the prosecution of such work is contemplated. Performing any work without notifyi ng the Engineer and in the absence of inspection or a written waiver will constitute sufficient grounds for rejection of that portion of the Work.
105.07 Cooperation with Utilities , Railroads , and Pipelines
The Department will notify all utility companies , including pipeline and railroad companies, having facilities within the Project limits concerning the planned construction . The Department will make every reasonable effort to cause such parties to make the adjustments in elevation or location that may be necessary to avoid conflict with the construction and with the completed project, and to protect property from damage dur ing construction. In general, the Contract will indicate the various utility items known to exist, will indicate items to be adjusted or capital improvements proposed by the owners, and will designate items that are to be adjusted by the Contractor. The location shown on the Plans for utilities are provided by the utility owners and may not be complete or accurate, especially with regard to underground installations. Contact the owners of the various utilities to determine the exact location of the u tilities and the owner’s schedule of any work the utility may be doing. Unless otherwise noted, the utility company 105.07 41 or its representative will perform all utility adjustments. Cooperate with the owners of the utilities in their adjustment operations. Provide all necessary protective measures to safeguard existing utilities from damage during construction of the Work. Correct and pay for repairs to damaged utilities that result from the Contractor’s breach of the standard of care, and restore damaged facilities to their preexisting condition. The Engineer may require advance clear cutting at any location where clearing is called for in the Plans or Specifications, and where clear cutting is necessary for utility relocation. Costs for advance c lear cutting are incidental to the price bid for the clearing item specified. If special equipment is required to work over and around the utilities, provide such equipment. The cost of protecting utilities from damage and furnishing special equipment is incidental to the price bid for other items of construction. At least three (3) business days prior to the start of operations around the utility, notify each individual utility owner of the plan of operation, and request that they to properly locate their respective utility on the ground. It is understood and agreed that the Contractor has considered in its bid all of the known permanent and temporary utility appurtenances in their present and relocated positions, and any proposed utility capital improveme nts, that the Contractor has contacted each utility owner in regard to its proposed schedule of work and that no additional compensation will be allowed for any delays, inconvenience or damage sustained due to utilities or utility adjustment. However, the Department may consider interference caused by utilities on contracts when assessing time in accordance with 108.06. Where construction operations require the use of a temporary crossing with the railroad or railroad companies specifically named in the proposal:
1.Request the railroad company to construct the temporary crossings and notify the railroad company 6 weeks in advance of the time the temporary crossings are to be used. This request is subject to the Contractor execu ting such agreements and furnishing such insurance as the railroad company may require.
2.Assume responsibility for determining and complying with the requirements of the railroad company covering the location, installation, protection, maintenance, use , and removal of such temporary crossing. Bear all costs and expenses related to the 105.08 42 temporary crossing, including installation, protection, maintenance, and removal, contractual liability insurance, and incidental work such as drainage facilities and remov al, alteration, and replacement of railroad fences.
105.08 Cooperation between Contractors
The Department reserves the right, at any time, to contract for and perform additional work on or near the Work. When separa te contracts are let within the limits of a project, cooperate fully with the other contractors. Conduct the Work and place and dispose of materials to not interfere with or hinder the progress or completion of the portions of the Work being performed by other contractors within the project limits. Coordinate work with that of the other contractors in an acceptable manner and in proper sequence with regard to the work of other contractors. Each contractor involved shall assume all liability, financial or otherwise, in connection with its contract, and shall protect and save harmless the Department from any and all damages and claims that may develop because of inconvenience, delay, or loss experienced by any contractor because of the presence and operatio ns of others. In the event of confusion, disagreement, or lack of cooperation between two or more contractors working within the same project limits, the Engineer will issue orders as may be necessary to coordinate the performance of all work.
105.09 Construction Stakes, Lines, and Grades
The Contractor shall cooperate in the matter of setting and preserving stakes, bench marks, lines, and grades for controlling the construction. Carefully preserve stakes and markings the Engineer may set for either its own or the Contractor’s guidance. In case of negligence by the Contractor or its employees resulting in the destruction of such stakes or markings, the Department at its discretion may deduct an amount equa l to the cost of replacing the same from subsequent estimates due the Contractor. The Department will make all measurements and surveys that involve the determination of final pay quantities, including original and final cross-sections for all earthwork. If Construction Stakes, Lines and Grades is included in the proposal form as a bid item , the following shall apply:
1.The Engineer will locate and reference the control points, i.e. PI’s and POT’ s as shown on the Plans along the proposed mainline, and will establish benchmarks for the proper layout of the Work. The 105.09 43 Contractor shall locate r amps, sideroads, or similar features, make all calculations involved, and provide and place all layout stakes including those required to establish the limits of the ri ght-of-way as shown on the Plans or as directed by the Engineer.
2.To avoid conflicts with utility installations, cooperate with the involved utility companies by timely locating highway features such as culverts, manholes, catch basins, substructure elem ents of bridges, and guardrail. Provide stakes for right-of-way or slopes, ditch or stream bed grades, or other essential survey staking to prevent utility conflicts with the highway construction. Frequently, this will be required as the first item of work, and at any location on the Project as directed by the Engine er. If the Contract requires adjustment or relocation of utility facilities, all layout of this work shall be the Contractor’s responsibilities .
3.Place and preserve adequate ties to all control points necessary for the accurate re -establishment of all b ase lines or centerlines shown on the Plans, whether placed or found on the Project.
4.Place centerline stakes, subgrade hubs, stone pins, etc. at regular intervals as directed by the Engineer but not to exceed 300 feet on even stations. This frequency i s intended as a maximum and in no way relieves the Contractor of the responsibility to ensure the project is constructed in accordance with the grades and lines (within specified tolerances) and that field personnel have adequate reference points to verify compliance.
5.Calculate all grades. Do not stake the project based solely on cross sections. Use cross sections for reference. Check all dimensional details shown on the Plans, including elevations to ensure accuracy of the required layout. Check all bridge substructures for location, dimensional layouts, and elevations by means of two independent layout methods. Provide right -of-way or slope stakes, ditch or stream bed grades, or other essential survey staking as directed by the Engineer. Call to t he Engineer’s attention all errors and apparent discrepancies found in the Plans . Provide, set, and properly reference all stakes, references, and batter boards, including original, additional , or replacements that may be required for the construction ope rations. Take sole and complete responsibility for the accuracy of the line and grade of all features of the Work. 105.09 44 6. Where pre -splitting is specified, provide the actual longitudinal profile of the rock surface for review by the Engineer and, where applicable, for adjustment of the width of the catchment area prior to any pre -splitting activity.
7.Conduct sufficient field checks of features such as existing streams, drainage, structures, pavement elevations, and road and street tie points to ensure the p roposed work on the Plans will correspond with the existing and/or proposed surroundings
8.When requested by the Engineer, provide copies of all data used in establishing line and grade for all features of work, includ ing, but not limited to, the data use d in setting and referencing all stakes and layout markings.
9.When requested by the Engineer, provide safe facil ities for convenient access by Department forces to control points, batter boards, and references.
10.If electing to use the Global Positioni ng System (GPS), submit a comprehensive written GPS Work Plan to the Engineer for Department review and acceptance at the preconstruction conference or at least 15 days before starting work using GPS. Department acceptance of the plan will in no way relie ve the Contractor of the responsibility to provide accurate survey data and achieve the grades and tolerances noted in the Plans and specifications. Update the plan as necessary during construction and notify the Engineer of all changes. The GPS Work Plan shall describe how GPS enabled Automated Machine Guidance technology will be integrated into other technologies employed on the project. At a minimum, th e GPS Work Plan shall include the following:
a.Designate which portions of the Contract will be done using GPS enabled Automated Machine Guidance and which portions will be constructed using conventional survey methodology.
b.Describe the manufacturer, model, and software version of the GPS equipment. The equipment shall have a degree of accuracy capable of meeting the specified tolerances applicable for the Work. 105.09 45 c. Provide information on the qualifications of Contractor staff. Include formal training and field experience. Designate a single staff per son as the primary contact for GPS technology issues.
d.Describe how project control will be established. Include a list and map showing control points enveloping the site, and evidence that the control has been verified and correlated to the nearest TDOT Continuous Operating Reference Station (CORS) or provide a local base station, as appropriate. Provide the Engineer access to the local base station if utilized.
e.Describe site calibration procedures. Include a map of the control points used for site c alibration and control points used to validate the site calibration. Describe the frequency of site calibration and machine verification and how these will be documented.
f.Describe the quality control procedures for verifying mechanical calibration and maintenance of construction and guidance equipment. Include the frequency and type of verification performed to ensure the constructed grades conform to the Contract Document s.
g.Maintain a current copy of the GPS Work Plan at the project site. Coordinate with t he Engineer to verify the GPS derived lines and grades as needed by establishing test strips or other means. Test strips will be conducted on subgrade or other approve d features, with at least one test strip of 500 feet per mile of roadway on each side of centerline or as directed by the Engineer. Make corrections and adjustments as needed if the results indicate more than a 1 inch difference between the Contractor’s a nd the Engineer’s results. The cost for test strips and other verification means will not be paid for directly but will be incidental to the price of other items. Provide the Engineer with at least 5 working days notice to schedule verification of test s trips. No consideration for additional time or compensation will be made for any delays associated with the verification of the GPS derived grades, lines, and stakes. 105.10 46 11. For all staking, use qualified engineering or surveying personnel who are trained an d skilled in construction layout and staking of the type required for the Project, and who are acceptable to the Engineer. Ensure that staking is performed under the direct supervision of a Tennessee licensed Professional Engineer or a Tennessee Registere d Land Surveyor experienced in the direction of such work and who is acceptable to and may be available to meet with the Engineer.
12.The Engineer may check the control of the Work, as established by the Contractor, at any time as the Work progresses. Th e Engineer, at any time during the Project, may request documentation, ground control, or other information as may be needed to check on the control of the Work. The Department will inform the Contractor of the results of these checks, but by so doing in no way relieves the Contractor of its responsibility for the accuracy of the layout work. Correct and replace as required, at no additional expense to the Department, any deficient layout and construction work that may be the result of inaccuracies in lay out operations, failure to report inaccuracies in layout operations, or failure to report inaccuracies found in work done by the Department or by others. If, as a result of these inaccuracies, the Department is required to make further studies, redesign, or both, all expenses incurred by the Department due to such inaccuracies may be deducted from subsequent payment estimates due the Contractor.
13.Provide all necessary personnel, engineering equipment and supplies, materials, transportation, and work inc idental to the accurate and satisfactory completion of this work. The Department will measure and pay for Construction Stakes, Lines, and Grades in accordance with 105.18 and 105.19 respectively.
105.10 Authority and Duties of Inspectors
Inspectors employed by or contracted with the Department will inspect all work done and all materials furnished. Such inspection may extend to any part or to all of the Work and to the preparation, fabrication, or manufacture of materials to be used. The Inspectors will have the authority to reject defective material and to suspend construction that is being improperly done, subject to the Engineer’s final decision. Inspectors will not be authorized to revoke, alter, enlarge, or relax the provisions of t he Specifications, nor will they be authorized to approve or accept any portion of the completed Project, 105.11 47 or to issue instructions contrary to the Plans and Specifications. At the Contractor’s request, the Inspector will provide written instructions on important items.
105.11 Inspection of Work
The Engineer or its representative will inspect all materials and each part or detail of the Work. Inspection and tests are for the sole benefit of the Department and d o not relieve the Contractor of the responsibility for providing adequate quality control measures, and responsibility for damage to or loss of material before acceptance. Provide access to all parts of the Work at all times and provide all information, f acilities, and assistance as may be required for the Engineer to make complete and detailed inspection. All work done or materials used without supervision or inspection by an authorized Department representative may be ordered removed and replaced at no cost to the Department unless the Department representative failed to inspect after having been given reasonable notice in writing that such portion of the Work was ready for inspection. At any time before acceptance of the Work, the Engineer may direct th e Contractor to remove or uncover portions of the Work for inspection. If examination discloses that the Work is acceptable under the terms of the Contract, restore the Work to its original condition. The Department will pay for the cost of exposing the Work for examination and of returning it to the original condition as Extra Work. If the Work exposed and examined is not acceptable for the intended purpose , the Contractor will bear the cost of uncovering, removing , and replacing all of the material inv olved, and restoring the Work in accordance with the Specifications and Plans. When any unit of government or political subdivision or any railroad corporation is to pay a portion of the cost of the Work covered by the Contract, its respective representat ives will have the right to inspect the Work. Such inspection will not make any unit of government or political subdivision or any railroad corporation a party to the Contract, and in no way interferes with the rights of either party hereunder. If the Con tractor fails to comply with any order of the Engineer made under the provisions of this Subsection, the Engineer will have authority to repair or replace unacceptable work and deduct the costs from any monies due the Contractor. If monies due or to becom e due the Contractor are not sufficient to defray the costs of such repairs or replacements, then the Department will hold the Contractor’s Surety liable for the costs incurred. Any Construction performed by the Department under these provisions will not waive any 105.12 48 provisions of the Contract nor relieve the Contractor in any way from the responsibility for the Work.
105.12 Removal of Unacceptable and Unauthorized Work
If the Engineer rejects portions of the Work found to be unacceptable in accordance with 105.03, or found to be unacceptable prior to final acceptance of the Work due to poor workmanship, the use of defective materials, or damage through carelessness, the Contractor shall immediately remove and replace this work in an acceptable manner. The Department is not obligated but may consider payment for work under the Contract for the following reasons:
1.Work that has been done withou t lines and grades having been given by the Engineer or established by the Contractor’s forces, if appropriate,
2.Work done contrary to the instructions of the Engineer,
3.Work done beyond the lines shown on the Plans or as given,
4.Unauthorized work o r Extra Work done without the Engineer’s authority, or
5.Work performed without an approved subcontract. The Engineer may direct the Contractor to remove or replace such work at no cost to the Department.
105.13 Completion of Specific Sections of a Proje ct
The Department may require a specific section or sections of a Project to be completed and accepted before completion of the entire Project. Such section(s) shall be a reasonable length, as determined by the Engineer, and completed in full accordance with the Contract. When sections are completed, the Engineer, after final inspection, will accept the section(s) and relieve the Contractor of any further work or maintenance costs for the accepted section(s). The acceptance of a section or sections of a Project shall in no way waive or alter any of the terms of the Contract. 105.14 49 105.14 Opening Sections of a Project to Traffic If directed by the Engineer, open certain sections of the Project to traffic even if they are not fully completed. If the paving, including the connections through the structures, is completed on any of the sections involved, the Engineer, after final inspection, may accept the pavement and relieve the Contractor of further maintenance expense in connection with the section. If the pavement is not fully completed on any of the sections ordered opened, the Contractor shall maintain the paving in accordance with 104.05. In either case, the Contractor shall maintain the other portions of the Work in the same sections of the Project according to the Contract.
105.15 Acceptance
Upon due notice from the Contr actor of presumptive completion of the entire Project, the Engineer will make an inspection. If the Engineer finds that all construction provided for and contemplated by the Contract is satisfactorily complete, then the inspection will constitute the fina l inspection and the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance effective on the final inspection date. If, however, the inspection discloses any work not in close conformity with the Plans and Specifica tions, in whole or in part, the Engineer will instruct the Contractor to correct the unsatisfactory work. The Contractor shall immediately comply with and execute such instructions. After correction of the Work, the Engineer will make another inspection , which shall constitute the final inspection, provided the Work has been satisfactorily completed. If satisfactory, the Engineer will make the final acceptance and notify the Contractor in writing of this acceptance to be effective on the final inspection date. Final acceptance under this subsection does not waive any of the Department’s legal rights under 107.19.
105.16 Claims for Adjustment and Disputes
The claims process described within this subsection details the process within the Department for receiving, reviewing, and deciding on claims submitted. If such claims cannot be successfully negotiated or resolved within this process, the Contractor has the right to submit a formal claim through the Tennessee Claims Commission. 105.16 50 A. Notice of Intent to File a Claim If the Contractor has requested additional compensation, time, or both under 104.02 or 108.07, has provided notification in accordance with 104.03, and the Engineer has denied the request for a change to the Work, the Contractor may provide notice of intent to file a claim. The Contracto r shall p rovide such notice in writing within thirty (30) calendar days of receiving the Engineer’s decision as provided in 104.03. After filing the notice of intent to file a claim, the Contractor shall maintain adequate records related to the claim, incl uding records of the disputed labor, equipment and materials, and, if applicable, monthly schedule updates showing critical path delays to the completion date. Update and disclose this information to the Department monthly. The Department may audit claim records at any time. Unless the Engineer suspends in writing the affected work, the Contractor shall continue to perform the disputed work. If such notice to file a claim is not given, or if the Engineer is not given sufficient opportunity for keeping strict account of the Contractor’s actual costs, then the Contractor waives any claim for additional compensation. Such notice by the Contractor and the Engineer’s accounting of the cost shall not in any way prove or substantiate the validity of the claim. Nothing in this Subsection shall be construed as establishing any claim contrary to the terms of 104.02 or 108.07.
B.Informal Claim Meeting Upon written request by the Contractor submitted with its notice of intent to file a claim, and within thirty (30) days of such request, the Department will afford the Contractor an opportunity to discuss the disputed matters informally with a Department official having the authority to resolve the dispute . The Contractor may use this opportunity to present relevant information and respond to any information provided by the Engineer or other Department officials with knowledge of the Work. P roceedings in the Informal Claim Meeting are an attempt to mutually resolve a claim without litigation and are not admissible for any purpose in any proceeding contemplated in this Subsection 105.16 or any formal administrative hearing. If as a result of the Informal Claim Meeting the Department and the Contractor reach an agreement to resolve the claim, the Department will prepare a Change Order setting forth the terms of any additional compensation or time, or both, as agreed , and the Change Order will be 105.16 51 processed for approval in accordance with the Department’s standard procedures. If the Department agrees that the Contractor is due additional compensation, time, or both, but the Department and the Contractor cannot agree o n the amount, the Department may at any time after the Informal Claim Meeting issue a Change Directive providing for additional compensation, time, or both, as the Department determine s to be fair and reasonable. The Contractor shall perform the Work in accordance with the Change Directive, but such performance shall not constitute a waiver of the Contractor’s claim regarding the disputed work. The Contractor may continue to pursue a claim as provided in this section.
C.Submission of Claim Within ninety (90) calendar days after submitting the notice of intent to file a claim , or within ninety (90) days of the completed disputed Work, whichever is later, or such time agreed upon by the parties in writing, the Contractor shall submit a complete claim package. The claim package shall include all documents supporting the claim and provide sufficient detail to enable the Department to ascertain the basis and amount of the claim. If requested by the Contractor , the Department may extend the ninety (90) day period in writing. As a minimum, the following information shall be submit ted with each claim :
1.A claim certification containi ng the language shown in Figure
105.16 1 for direct claims by the Contractor, or Figure 105.16 -2 for
pass-through claims, as appropriate ;
2.A detailed factual statement of the claim for additional compensati on, time, or both, providing all necessary dates, locations, and items of work affected by the claim;
3.The date on which facts were discovered that gave rise to the claim;
4.The specific provisions of the Contract that support the claim and a statement of the reasons why such provisions support the claim;
5.If an extension of contract time is sought, a schedule analysis as required by 108.07; and 105.16 52 6. If additional compensation is sought, the amount and specifics of the compensation. CONT RACTOR'S CLAIM CERTIFICATION Under penalty of law for perjury or falsification, the undersigned, ( Authorized Representative) , (title) , of (comp any) , hereby certifies that the claim of $ for extra compensation and Days additional time, made herein for work on this Contract:
1.Is true and made in good faith
2.The supporting data is accurate and complete;
3.The claim is fully supported under the Contract between the parties; and
4.The claim amount accurately reflects the Contractor’s actual incurred costs or delay. I have reviewed the documents submitted a nd know the facts and information to be true based upon my personal knowledge and belief. This claim package contains all available documents that support the claims made herein and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated /s/ Subscribed and sworn before me this day of . NOTARY PUBLIC My Commission Expires: _______________________ Figure 105.16 -1: Contractor’s Claim Certification 105.16 53 PASS -THROUGH CLAIM CERTIFICATION Under penalty of law for perjury or falsification, the undersigned, (Authorized Representative) , (title) (company ), hereby certifies that the claim of $ for extra compensation and Days additional time, made herein for work on this Contract:
1.Is true and made in good faith
2.The supporting data is accurate and complete;
3.The claim is fully supported under the Contract between the parties; and
4.The claim amount accura tely reflects the Contractor’s actual incurred costs or delay. I have reviewed the documents submitted and know the facts and information to be true based upon my personal knowledge and belief. This claim package contains all available documents that supp ort the claims made herein and I understand that no additional information, other than for clarification and data supporting previously submitted documentation, may be presented by me. Dated /s/ Subscribed and sworn before me this day of . NOTARY PUBLIC My Commission Expires: _______________________ Dated /s The Contractor certifies that the claim being passed through to TDOT is passed through in good faith and is accurate and complete to the best of my knowledge and belief. Dated /s/ Subscribed and sworn b efore me this day of . NOTARY PUBLIC My Commission Expires: _______________________ Figure 105.16 -2: Pass-Through Claim Certification 105.16 54 D. Department Decision When the Contractor properly files a claim and allows for reasonable and timely access to the Contractor ’s books and records , the Department will review the claim and render a written decision to the Contractor to either affirm or deny the claim, in whole or in par t, within sixty (60) calendar days after receipt of the claim package or at such time agreed upon by the parties. The Department will assemble and maintain a claim record consisting of all information submitted by the Contractor in support of the claim a nd all other information considered by the Department in reaching a decision. Once the Department assembles the claim record, the submission and consideration of additional information or data, other than for clarification and support of previously submit ted documentation, will not be permitted. The Department will provide a copy of the claim record and the written decision to the Contractor describing the information considered by the Department in reaching a decision and the basis for that decision. If the Department decides to affirm the claim, an adjustment will be made in accordance with 108.07 and 109.04 as applicable. If the Department denies the claim, the Contractor may either accept the Department decision as final or file a written appeal to the Department’s authorized representative identified in the final decision letter within sixty (60) calendar days from the receipt of the Department decision. If a written appeal is not properly or t imely filed, the Engineer’s decision is final and binding, and the Contractor waives any further rights to pursuing the claim. If the Department fails to render a written decision within sixty (60) calendar days after receipt of the claim package, or wit hin any extended time period as agreed to by the parties, the Department will send written notice to the Contractor that the decision period has ended and that the Contractor’s time period for written appeal has begun .
E.Appeal Process When a claim is appealed in writing, the Department will provide the claim record to the duly authorized representative responsible for review of the appeal. Within fifteen (15) calendar days after the submission of the appeal, either party may su bmit a written request for a hearing with 105.17 55 the duly authorized representative. The duly authorized representative will review the claim and render a decision to affirm, overrule, or modify the Department decision within sixty (60) calendar days or such tim e agreed upon by the parties after receiving the written appeal. The Department will not consider any new information that was not previously made a part of the claim record, other than clarification of the previously submitted documentation. The Contractor shall have sixty
60.calendar days to accept or reject the duly authorized representative’s decision. The Contractor shall notify the Department of its acceptance or rejection in writing. If the Contractor accepts the duly authorized representative’s decision, the decision will be implemented with a Change Order in accordance with the applicable Contract provisions. If the Contractor disagrees with the decision, the Department may issue a Change Directive to implement the decision, and t he Contractor shall perform the Work in accordance with the Change Directive. Performance of the Work in accordance with the Change Directive shall not constitute a waiver of the Contractor’s right to pursue a formal claim with the Claims Commission as pr ovided below. The Contractor may file a claim with the Tennessee Claims Commission in accordance with TCA § 9-8-307. The parties understand and agree that the Contractor’s failure to bring suit within one-hundred-eighty (180) calendar days of the duly aut horized representative’s decision, or such other time agreed upon by the parties, shall be deemed an acceptance of the decision and a complete bar to any such claims or causes of action based on the claim.
105.17 Alternative Equipment
Although certain Specification Sections may specify use of equipment of a particular size and type, or use of certain methods to perform portions of the Work, it is to be understood that the development and use of new or improved equipment or methods are encouraged. The Contractor may request, in writing, permission from the Engineer to use equipment of a different size or type in place of the equipment specified. The Contractor may request to use new methods in the same way. If the Engi neer grants such permission, it shall be understood that permission is granted for the purpose of testing the quality of work actually produced by such equipment or method and is subject to continuous attainment of results that are equal to, or better than that which can be obtained with the equipment or method specified. The Engineer will withdraw such permission at any 105.18 56 time if it is determined that the alternative equipment or method is not producing work that is equal, in all respects, to that which can be produced by the equipment and methods specified. Upon withdrawal of such permission by the Engineer, the Contractor shall use the equipment or method originally specified , and remove and dispose of or otherwise remedy, at no additional cost to the Dep artment, all defective or unsatisfactory work produced with the alternative equipment or method. The Contractor shall not pursue any claim against the Department for either withholding or granting permission to use alternative equipment or methods or for the withdrawal of such permission. The Engineer will only grant permission to use alternative equipment in place of equipment specified where such equipment is new and improved, or more adaptable to the work being performed. The approval for use of particu lar equipment on any project should not in any way be considered as an approval of the use of such equipment on any other project. The Engineer will grant permission to use alternative methods under the same rules governing equipment. COMPENSATION
105.18 Method of Measurement
The Department will measure construction Stakes, Lines and Grades as a percentage of the lump sum price bid for the completion of the work specified in 105.09 and partial payment will be made according to the schedule in Table
105.18 1.
105.19 57 Table 105.18 -1: Payment Schedule for Construction Stakes, Lines and Grades Estimate Number or Percent of Total Contract Amount of Previous Estimate Total Percent of Construction Stakes, Lines, and Grades Lump Sum Bid Item Estimate # 1 20% Estimate # 2 40% 10% 50% 20% 60% 40% 70% 60% 80% 80% 100%
105.19 Basis of Payment
The Department will make partial payments for Construction Stakes, Lines and Grades on the basis of a percentage of the lump sum price bid in accordance with the schedule shown in Table 105.18 -1. Submit a certification of the personnel and the name, licen se number, and qualifications of the Tennessee licensed Professional Engineer or a Tennessee Registered Land Surveyor who is performing the work , as specified in 105.09, Construction Stakes, Lines, and Grades at the preconstruction meeting. No payment for Construction stakes, lines, and grades will be made until the certification has been received. Such payment is full compensation for furnishing, setting, maintaining, and resetting, when necessary, the stakes, and for providing all labor, equipment, materials, and incidentals to complete the work as specified. 106.01 58 SECTION 106 – CONTROL OF MATERIALS
106.01 Quality of Materials ................................ ................................ ....... 58
106.02 Material Information ................................ ................................ ...... 58
106.03 Local Material Sources ................................ ................................ .. 58
106.04 Sampling and Testing, or Inspection ................................ .............. 59
106.05 Source or Plant Inspection ................................ .............................. 60
106.06 Field Laboratory ................................ ................................ ............. 60
106.07 Notice of Source or Arrival of Materials ................................ ........ 62
106.08 Handling and Storage of Materials ................................ ................. 62
106.09 Resampling and Testing, or Reinspection ................................ ...... 63
106.10 Defective Material ................................ ................................ .......... 63
106.01 Quality of Materials
Only use materials in the Work that conform to all of the Contract quality requirements. Control and incorporate materials to produce completed construction that conforms to and is fully acceptable under t he terms of the Contract. Where reference is made in the Contract to certain manufacturers’ materials or products, it is not the intent to preclude the use of others, but rather to establish minimum acceptable design standards. The Contractor may substitute material and products of other manufacturers provided they are equal to or better than the minimum design standards and are approved by the Department.
106.02 Material Information
When local material reports are available t he Department will provide the Contractor the test report per the specific request. In furnishing such reports, the Department will not be responsible for materials failing to conform to the test reports either as to quality or quantity.
106.03 Local Mat erial Sources
If the Contractor desires preliminary tests of local materials, it shall deliver samples of the materials to the Laboratory. The Department will test one sample (and one referee sample as needed) , and in such t ime as the work load
Source: Tennessee Standard Specifications for Road and Bridge Construction, 2021 Edition. Pages 42–66 of 1,072.