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General Provisions (00100-00999)

105—CONTROL OF WORK

VA · 2020 Standard SpecificationsBook pages 62–90View official source ↗

34or decrease in the cost or time required for the performance of any work under the Contract, an adjust - ment, excluding anticipated proﬁts, will be made and the Contract may be modiﬁed in writing accord - ingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No adjustment that results in a beneﬁt to the Contractor will be allowed unless the Contractor has provided the required written notice. SECTION 105—CONTROL OF WORK

105.01 Notice to Proceed

Unless otherwise indicated in the Contract, the Notice to Proceed date will be the date selected by the Contractor on which the Contractor intends to begin the work. That date shall be no earlier than 15 nor later than 30 calendar days after the date of Contract execution. The State Contract Engineer will contact the Contractor on the date of Contract execution to inform him that the Contract has been executed. The State Contract Engineer will also conﬁrm this date in the Letter of Contract Execution. Copies of the Letter of Contract Execution will be distributed to Department personnel involved in the administration of the Contract and to the Contractor. Within 10 calendar days after the date of Contract execution the Contractor shall submit to the Engineer written notice of the date he has selected as his Notice to Proceed date. If the Contractor fails to provide written notice of his selected Notice to Proceed Date within 10 calendar days of Contract execution, the selected Notice to Proceed Date will become the date 15 calendar days after the date of Contract execution. The Contractor shall begin work no later than 10 calendar days after the date he has selected as his Notice to Proceed date, unless the Notice to Proceed date is otherwise indicated in the Contract, in which case the Contractor shall begin work within 10 calendar days after the speciﬁc Notice to Proceed date indicated in the Contract. Contract Time will commence on the date of the Notice to Proceed. The Letter of Contract Execution will identify the Chief Engineer’ s authorized representative, hereafter referred to as the Engineer, who is responsible for written directives and changes to the Contract. The Engineer will contact the Contractor after notice of award to arrange a pre-construction conference. In the event the Contractor, for matters of his convenience, wishes to begin work earlier than 15 calendar days or later than 30 calendar days after the date of Contract execution, he shall make such a request in writing to the Engineer within 10 calendar days of the date of Contract execution or once a Notice to Proceed Date has been established, if he wishes to begin work more than 10 calendar days after his selected Notice to Proceed date or the Notice to Proceed Date indicated in the Contract, he shall make such a request to the Engineer in writing no later than 5 calendar days after the Notice to Proceed date. If this requested start date is acceptable to the Department, the Contractor will be notified in writing; however, the Contract Completion Date will not be adjust - ed but will remain binding. The Contractor’s request to adjust the start date for the work on the Contract will not be considered as a basis for claim that the time resulting from the Contractor’s adjusted start date, if accepted by the Engineer, is insufficient to accomplish the work nor shall it relieve the Contractor of his responsibility to perform the work in accordance with the scope of work and Contract requirements. In no case shall work begin before the Department executes the Contract or prior to the Notice to Proceed date unless otherwise permitted by the Contract or authorized by the Engineer. The Contractor shall notify the Engineer at least 24 hours prior to the date on which he will begin the work.104.03 35105.02—Pre-Construction Conference After notiﬁcation of award and prior to the Notice to Proceed date the Contractor shall attend a pre- construction conference scheduled by the Engineer to discuss the Contractor’ s planned operations for prosecuting and completing the Work in accordance with the Contract. At the pre-construction conference the Engineer and the Contractor will identify in writing the authorities and responsibilities of project personnel for each party. The Contractor and the Department shall also come prepared to discuss key issues and project speciﬁc requirements necessary for preparation and submittal of the baseline progress schedule; unless a separate Scheduling Conference is otherwise scheduled as mutually agreed to by the Engineer and the Contractor, in accordance with Section 108.03 and other applicable Contract provisions. The Engineer will be responsible for setting the conference agenda, conducting discussions, and ensuring that minutes of the conference are taken and later timely distributed to all attendees. The pre-construc - tion conference will be the time to review the Contract plans and documents. To that end, the conference agenda may include but not be limited to discussions on the general sequence of work, including the expected primary work tasks as deﬁned by the Contractor, and proposed means and methods for the entire scope of work, potential problems or impacts, constructability issues, special considerations such as limitations and access issues, agreements with local agencies or governments, utility impacts or relocations including railroads, coordination with schedules of the utilities and subcontractors and associated work, sources and delivery of critical materials, submittals required by Contract including shop drawings, location of ﬁeld ofﬁce, labs, etc., environmental concerns including permits and erosion and siltation efforts, maintenance of trafﬁc issues, and EEO\DBE\SWaM requirements. The Contractor shall provide the Engineer with a list of all equipment available for use in the prosecution of the Work on the Contract at the pre-construction conference or no later than one week prior to the ﬁrst monthly progress estimate. The make, model, size, capacity, and year of manufacture shall be listed for each piece of equipment. Where possible the Contractor shall provide this list in an electronic format. This list may take the form of the Contractor’ s ﬂeet list of equipment. The Contractor shall provide the Engineer an updated list of equipment as changes occur.

105.03 Authorities of Project Personnel, Communication and Decision Making

a.Authority of Engineer During prosecution of the Work, the Engineer will answer all questions that may arise as to the quantity, quality, and acceptability of materials furnished and work performed; rate of progress of the Work; interpretation of the plans and Speciﬁcations; the Contractor’ s acceptable fulﬁllment of the Contract; disputes and mutual rights between contractors; and the Contractor’ s compensation. The Engineer has the authority to suspend the Work wholly or in part if the Contractor has created conditions that are unsafe or fails to correct conditions that are unsafe for workers or the general public or fails to carry out the provisions of the Contract. The Engineer may also suspend the Work for such periods as he may deem necessary because of catastrophic or extraordinary weather as de - ﬁned in Section 108.04, conditions considered unsuitable for prosecution of the Work, or any other condition or reason deemed to be in the public interest. The Engineer may issue written clariﬁcations or directives that either enhance or alter the Contract. The Engineer may issue written orders for such work as may be necessary to complete the Contract satisfactorily.105.03 36105.03

b.Authority of Inspector Inspectors representing the Department are authorized to inspect all work performed and materials furnished. Inspection may extend to all or any part of the Work and to the preparation, fabrication, and manufacture of the materials to be used. The Inspectors are not authorized to alter or waive the provisions of these Speciﬁcations or make changes in the plans. The Inspectors are not authorized to make ﬁnal acceptance of the project, approve any operation or item, or act as foreman for the Contractor. However, the Inspectors will have the authority to reject defective work and material and suspend work that is being improperly performed, subject to the concurrence of the Engineer. Such inspections shall not relieve the Contractor of any obligation to furnish acceptable materials or provide completed construction that is in accordance with the Contracts requirements. The Inspectors will exercise only such additional authority as the Engineer may delegate. The Engineer will advise the Contractor in writing of delegations of authority that will affect his operations.

c.The Contractor The Contractor shall not construe reviews, approvals, or inspections by the Department, the Engineer, or the Department’ s inspectors, agents, and employees as a waiver, release, warranty, or assump - tion of liability on the part of the Department. The Contractor understands and agrees that reviews, approvals, and inspections are for the Department’ s sole use and beneﬁt. Any such reviews, approvals, and inspections shall not relieve the Contractor of its contractual duties and obligations or be conclusive as to the acceptability of the Contractor’ s performance.

d.Communication and Decision Making

1.Description . The intent of this provision is to establish procedures, processes and guidelines for making decisions and managing communications regarding the Work. The information con - tained herein is not meant to be all inclusive but to serve as a minimal general framework for promoting efﬁcient and effective communication and decision making at both the project and, if needed, executive administrative level. It is also not meant to override the decision-making processes or timeframes of speciﬁc Contract requirements.

2.Deﬁnitions For the purposes of this provision the following terms will apply and be deﬁned as follows: Submittals - Documents required by the Contract that the Contractor must submit for the Department’ s review, acceptance, or approval. Submittals may include shop drawings, working drawings, material test reports, material certiﬁcations, project progress schedules, and sched - ule updates. The Contractor shall provide submittals as early as practicable so as not to delay review, acceptance, or approval of the Work. Conﬁrmation of verbal instructions (COVI) - Contractor-requested written conﬁrmation of the Department’ s instructions concerning the Work. When time and/or costs are or will be impacted, the Contractor must comply with the requirements applicable to requests for adjust - ments of the Contract amount or Contract time. Requests for information (RFI) - Requests where either the Contractor or the Department asks that the other party supply information to provide better understanding of or to clarify a certain aspect of the Work. 37105.03 Requests for Department action (RDA) - Requests where the Contractor asks the Depart - ment to take certain action that the Contractor feels is required for proper completion of all or a portion of the Work. Contractor change requests (CCR) - Requests where the Contractor asks the Department to make an adjustment to the Contract because of excusable and/or compensable events, instruc - tions that have or have not been given, or other work requiring time and/or cost beyond that speciﬁed or envisioned within the Contract. Requests for Contractor action (RCA) - Requests where the Department asks the Contractor to take certain action that is in the best interests of the project and/or is required for proper completion of all or a portion of the Work. Responsible Person - The individual in the normal or escalated resolution process, for either the Contractor or the Department, having the direct authority, responsibility and accountability to formulate and respond to each category of information request.

3.Process for Decision Making

a.Project teams composed of the Contractor’ s and the Department’ s representatives, who are directly responsible for the administration, prosecution, and inspection of the Work, shall deﬁne and agree upon the ﬁeld decision-making process during the pre-construction conference. This process should be written down and distributed to all affected parties once it is established. Where there are responsibilities, authority or personnel changes associated with this process, such changes shall be distributed to all affected parties as quickly as practicable after they are effective so as not to delay or impede this process. The process for making ﬁeld decisions with respect to the Work detailed in the Contract requires the following basic steps:

1.The Contractor and the Area Construction Engineer agree on the decision-making process, the identity, authority and accountability of the individuals involved, and on the cycle times for responses required for each category of decision.

2.The requesting party requiring a decision generates the appropriate request documents, and calls for a decision from the individual who is accountable for the particular facet of the Work under consideration within the agreed period.

3.The responding party has an internal decision-making process that supports the individual who is accountable and provides the information required within the agreed period for each category of decision.

4.The party receiving the decision has an internal process for accepting the decision or for rejecting the decision and initiating further action according to the decision-making process within an agreed period of time.

b.The process also requires that clear and well-understood mechanisms be in place to log and track requests; document the age and status of outstanding requests and actions to be taken on requests that have not been answered within the agreed period. 38c. Both the Department and the Contractor shall agree on the following:

1.The documentation and perhaps format to be developed for each category of informa- tion requested.

2.The name (as opposed to organizational position) of all individuals with the responsibility, authority, and accountability to formulate and respond to each cate - gory of information requested. The District Administrator (DA) or Chief Executive Ofﬁcer (CEO) of the Contractor may delegate the responsibility and authority for formulating and responding to requests, however, the accountability for meeting the established response time(s) remains with the District Administrator and CEO.

3.The cycle times for each stage in the decision-making process.

4.The performance measures to be used to manage the process.

5.The action to be taken if cycle times are not achieved and information is not provided in a timely manner.

d.The general guideline and timeframe matrix in Tables I-2A and I-2B will apply. These guidelines, however, are general in scope and may not apply to speciﬁc Contract time frames for response identiﬁed within the Contract requirements. In such cases, speciﬁc Contract time frames shall apply.105.03 39105.03TABLE I-2A Process Guidelines for Requests Generated by the Contractor 1 Process initiated on the last business day of a week shall be acknowledged before 5 PM on the next VDOT business day.Process Situation By Within (calendar days) By WithinProcess if no resolution Submittal Contractor requests the Department’ s review, acceptance or approval of shop drawings, materials data, test reports, project progress schedules, or other submittals required by Speciﬁcations or other Contract Department’ s Designated Project ManagerAcknowledge: 3 days1 Accept or Return: 14 days Final Determination\Approve: 30 days or as outlined in Contract.DA or his designee7 days Submit RDA or CCR Conﬁrmation of Verbal Instruction (COVI)Routine ﬁeld issues, within the framework of the Contract, Contractor resolves through negotiation with the Department’ s ﬁeld personnel.Department’ s Appropriate ﬁeld personnelConﬁrmation: 1 day DA or his designee7 days Submit Request for RDA Request for Information (RFI)Contractor needs the Department to supply information to provide better understanding of or to clarify a certain aspect of the work.Department’ s Designated Project ManagerAction: 14 days (or appropriate Action Plan)DA or his designee7 days Submit RDA or CCR Request for Dept. Action (RDA)Contractor needs the Department to take certain action Contractor feels is required for proper completion of a portion of the Work or the project.Department’ s Designated Project ManagerAcknowledge: 3 days1 Action: 14 days (or appropriate Action Plan)DA or his designee7 days Submit CCR Contract Change Request (CCR)Contractor needs the Department to make an adjustment to the Contract because of excusable and/or compensable events, in - structions that have or have not been given or other work that will require time and/or cost beyond that speciﬁed or envisioned within the original Contract.Department’ s Designated Project ManagerAcknowledge: 3 days1 Action: 30 days (45 days if federal oversight project)DA or his designee7 days Claims processNormal resolution process Escalated process 40105.03 Process Situation By Within (calendar days)By WithinProcess if no resolution

1.RFI Department requests the Contractor to supply information to provide better un - derstanding of or to clarify a certain aspect of the work. (RFI)Contractor’ s Project SuperintendentAction: 14 days (or appropriate written Action Plan)Contractor’ s Project Manager7 days Submit RCA or Issue Unilateral Change order

2.RCA Department requests the Contractor to take certain action(s) that is/are in the best in - terests of the project and/or is/are required for proper completion of a portion of the work or the project. (RCA)Contractor’ s Project Superintendent• Response or Action to safety and environmental issues: 1 day • Otherwise acknowledge: 3 days1 • Action: 14 days (or appropriate Action Plan)Contractor’ s Project Manager7 days Issue Unilateral Change order

3.Unilateral Change orderDepartment orders the Contractor to perform work beyond that speciﬁed or envisioned in the original Contract and un - dertakes action(s) to make an adjustment to the Contract.Contractor’ s Project SuperintendentAcknowledge: 3 days1 Action: 30 daysCEO or his designee7 days Claims or termination processNormal resolution process Escalated process 1 Process initiated on the last business day of a week shall be acknowledged before 5 PM on next project business day.TABLE I-2B Process Guidelines for Requests Generated by the Owner 41105.05

105.04 Gratuities

The Contractor and its subcontractors and suppliers shall not offer, give or confer upon any of the Depart - ment’ s employees or personnel any gifts, gratuities, payments, loans, subscriptions, advances, deposits of money, services, favors, or anything of more than nominal value, present or promised, unless consider - ation of substantially equal or greater value is exchanged. The Contractor shall not employ any personnel of the Department for any services without the Engineer’ s prior written consent. If the Engineer determines after investigation that the Contractor or the Contractor’ s employees, repre - sentatives, or agents of any person acting in his behalf have violated this Section, the Engineer may, at his discretion, disqualify the Contractor from bidding on future contracts with the Department for a period of 6 months from the date of the Engineer’ s determination of such violation. Any implicated employees, agents, or representatives of the Contractor may be prohibited from working on any contract the Depart - ment awards for the period of the Contractor’ s disqualiﬁcation.

105.05 Character of Workers, Work Methods, and Equipment

a.Workers Workers shall have sufﬁcient skill and experience to perform properly the Work assigned to them. Workers engaged in special or skilled work shall have sufﬁcient experience in such work and in the operation of equipment required to perform it properly and satisfactorily. The term “workers” means the Contractor’ s employees, its subcontractors at any tier, or any of their respective employees. The Contractor shall immediately remove from the Project any workers who, in the Engineer’ s opinion, do not perform their work in a proper, skillful and satisfactory manner or are intemperate or disorderly. The Engineer shall direct the Contractor to do so in writing and such workers shall not be employed again on any portion of the Work without the Engineer’ s written approval. If the Contractor fails to immediately remove the workers, or furnish suitable and sufﬁcient workers for satisfactory prosecution of the Work, the Engineer may withhold all monies that are or may become due the Contractor and may suspend the Work until the Contractor has complied with the Engineer’ s directive.

b.Equipment Equipment shall be of sufﬁcient size and quantity, and in such good mechanical condition as to comply with the Contract requirements and to produce a satisfactory quality of work. Equipment shall be such that no damage to the roadway, adjacent property, other highways, or no danger to the public, will result from its use. The Engineer may order the removal and require replacement of unsatisfactory equipment.

c.Work Methods When methods and equipment to be used by the Contractor are not prescribed in the Contract, the Contractor is free to use whatever methods or equipment he feels will accomplish the Work in con - formity with the Contract requirements. When the Contract speciﬁes that construction be performed by the use of particular methods and equipment, they shall be used unless others are authorized by the Engineer. If the Contractor desires 42to use a different method or type of equipment, he may request permission from the Engineer to do so. The request shall be in writing and shall include a full description of the methods and equipment he proposes to use and an explanation of the reasons for desiring to make the change. If permission is not given, the Contractor shall use the speciﬁed methods and equipment. If permission is given, it will be on the condition that the Contractor shall be fully responsible for producing construc - tion work in conformity with Contract requirements. If, after trial use of the substituted methods or equipment, the Engineer determines that the work produced does not strictly conform to the Contract requirements, the Contractor shall discontinue the use of the substitute method or equip - ment and shall complete the remaining construction with the speciﬁed methods and equipment. The Contractor shall remove any deﬁcient work and replace it with work of the speciﬁed quality or take such other corrective action as the Engineer may direct. No change will be made in the basis of payment for the construction items involved or the Contract time limit as the result of authorizing or denying a change in methods or equipment under these provisions.

105.06 Subcontracting

a.No portion of the Contract shall be subcontracted or otherwise disposed of without the written consent of the Engineer. The Contractor shall notify the Engineer of the name of the ﬁrm to whom the work will be subcontracted, and the amount and items of work involved. Such notiﬁcation shall be made and verbal approval given by the Engineer prior to the subcontractor beginning work.

b.The Contractor shall perform with his own organization work amounting to not less than 30 percent of the total original Contract amount, excluding any specialty items designated by the Department. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original Contract amount before computing the amount of work required to be performed by the Contractor’ s own organization. The term “perform work with its own organization” refers to workers employed or leased by the Contractor, and equipment owned or rented by the Contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the Contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing ﬁrm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the Contractor meets all of the following conditions:

1.The Contractor maintains control over the supervision of the day-to-day activities of the leased employees;

2.The Contractor remains responsible for the quality of the work of the leased employees;

3.The Contractor retains all power to accept or exclude individual employees from work on the project; and

4.The Contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.

c.The Contractor shall not subcontract any part of the Contract work to a contractor who is not prequaliﬁed with the Department in accordance with Section 102.01, unless otherwise indicated in the Contract. This restriction does not apply to Contract specialty items, service providers, engineers, consultants, manufacturers, suppliers, or haulers. Consent to subcontract or otherwise 105.05 43dispose of any portion of the Contract work shall not relieve the Contractor of any responsibility for the satisfactory fulﬁllment of the entire Contract. All subcontracts shall be evidenced by written binding agreements that shall be available to the Department upon request, before, during, and after their approval.

105.07 Cooperation of Contractor

The Contractor shall give the Work the constant attention necessary to facilitate quality and progress, and shall fully cooperate with the Engineer, Inspector, and other contractors involved in the prosecution of the Work. If any portion of a project is located within the limits of a municipality, military installation, or other federally owned property, the Contractor shall cooperate with the appropriate ofﬁcials and their agents in the prosecution of the Work to the same extent as with the Department. The Contractor shall have on the project at all times during prosecution of the Work a competent Super - intendent who is capable of reading and understanding the plans and Speciﬁcations, experienced in the type of work being performed, and who shall receive instructions from the Engineer or his authorized representatives. The Superintendent shall have full authority to execute the orders and directions of the Engineer without delay and supply promptly such materials, equipment, tools, labor, and incidentals as may be required.

105.08 Cooperation With Regard to Utilities

The adjustment of utilities consists of the relocation, removal, replacement, rearrangement, reconstruc - tion, improvement, disconnection, connection, shifting, or altering of an existing utility in any manner. Existing utilities within the Department’ s knowledge at the design stage of the project will be indicated on the plans. Where possible, the Department will make arrangements for adjusting these utilities prior to project construction. The utility owner will adjust existing private and public utilities that require adjustment, unless the Contract requires the Contractor to perform such adjustment as a pay item. The new location of such utilities will not normally be shown on the plans. Some utilities may remain or be adjusted within the construction limits simultaneously with project construction operations. The Contractor shall coordinate project construction with planned utility adjustments and take all necessary precautions to prevent disturbance of the utilities. The Contractor shall report to the Engineer any failure on the part of the utility owner to cooperate or proceed with the planned utility adjustments. The Contractor shall perform Contract utility work in a manner that will cause the least inconvenience to the utility owner and those being served by the utility owner. The Contractor shall protect existing, adjusted, or new utilities that are shown on the plans, marked by Miss Utility, or otherwise known to the Contractor that are to remain within the right of way so as to prevent disturbance or damage resulting from construction operations. If during prosecution of the work the Contractor encounters an existing utility that requires adjustment he shall not interfere with the utility but shall take the proper precautions to protect the utility and shall promptly notify the Engineer of the need for adjustment. If the Contractor desires the temporary or permanent adjustment of utilities for his own beneﬁt, he shall conduct all negotiations with the utility owners and pay all costs in connection with the adjustment. The Contractor shall promptly notify the Engineer in writing if the Contractor encounters utilities that are not shown on the plans, marked by Miss Utility, or otherwise known to the Contractor before the site 105.08 44is disturbed further and before the affected work is performed. Upon receipt of the Contractor’ s written notiﬁcation, the Engineer will acknowledge receipt and investigate the conditions. The Engineer will no - tify the Contractor whether or not an adjustment to the Contract is warranted. Adjustments will be made according to Sections 108.04 and 109.05, as applicable. No adjustment that results in a beneﬁt to the Contractor will be allowed unless the Contractor has pro - vided the required written notice.

105.09 Cooperation among Contractors

The Department may at any time contract or approve concurrent Contracts for performance of other work on, near, or within the same geographical area of the work speciﬁed in an existing Contract. Contractors shall not impede or limit access to such work by others. When separate Contracts are awarded within the limits of one project, contractors shall not hinder the work being performed by other Contractors. Contractors working on the same project shall cooperate with each other. In the case of dispute, all Contractors shall proceed as directed by the Engineer. When Contracts are awarded to separate Contractors for known concurrent construction in a common area, the Contractors, in conference with the Engineer, shall establish a written joint schedule of operations. The schedule shall be based on the limitations of the individual Contracts and the joining of the work of one Contract with the others. The schedule shall set forth the approximate dates and sequences for the several items of work to be performed and shall ensure completion within the respective Contract time limit. The schedule shall be submitted to the Engineer for review and approval no later than 30 days after the award date of the later Contract and prior to the ﬁrst monthly progress estimate. The schedule shall be agreeable to, signed by, and binding on each Contractor. The Engineer may allow modiﬁcations of the schedule when beneﬁt to the Contractors and the Department will result. Any modiﬁcation of the schedule shall be in writing, mutually agreed to and signed by the contractors, and shall be binding on the contractors in the same manner as the original agreement. If the contractors fail to agree on a joint schedule of operations, they shall submit their individual schedules to the Engineer, who will prepare a schedule that will be binding on each Contractor. The joint schedule and any modiﬁcation thereof shall become a part of each Contract involved. The failure of any Contractor to abide by the terms of the joint schedule will be justiﬁcation for declaring the Contractor in default of his Contract. Each Contractor shall assume all liability, ﬁnancial or otherwise, in connection with his Contract and shall protect and save harmless the Commonwealth from any and all damages and claims that may arise because of any inconvenience, delay, or loss he experiences as a result of the presence and operations of other contractors working in or near the work covered by his Contract. He shall also assume all responsi - bility for any of his work not completed because of the presence or operation of other Contractors. The Department will not assume any responsibility for acts, failures, or omissions of one Contractor that delay the work of another except as provided herein.105.08 45105.10—Plans and Working Drawings

a.General The Contractor will be supplied with two copies of the executed Contract. The Department’ s Road and Bridge Speciﬁcations and the Department’ s Road State and Bridge Standards are available on the Department’ s website and are available for purchase by the Contractor from the ofﬁce of the Contract Engineer.

b.Plans Plans will be furnished to the Contractor without charge as follows: Original Contract Amount in Dollars Number of Plan Sets From To Full Size Half Size 0 1,999,999 4 6 2,000,000 4,999,999 6 8 5,000,000 9,999,999 8 10 10,000,000 or more 10 10 Plan revisions issued while the project is under construction will be furnished to the Contractor in the same sizes and number. The Contractor shall keep one complete set of plans, standard drawings, Contract assemblies, and Speciﬁcations available on the project at all times. For maintenance projects, certain sign projects, and other projects having no ﬁeld ofﬁce or on which the Contractor has no ofﬁce, the Contrac - tor shall keep one complete set of plans, Contract assemblies, and Speciﬁcations with him while prosecuting the work. In the event items of work are required as per the Standard Drawings, the Contractor shall also keep the appropriate Standard Drawings on the project during the performance of that work. Plans consisting of general drawings and showing such details as are necessary to give a compre - hensive understanding of the work speciﬁed will be furnished by the Department. Except as other - wise shown on the plans, dimensions shown on the plans are measured in the respective horizontal or vertical planes. Dimensions that are affected by gradients or vertical curvatures shall be adjusted as necessary by the Contractor to accommodate actual ﬁeld conditions and shall be speciﬁcally denoted as “ﬁeld adjusted” on the working drawings. Failure on the part of the Contractor to so denote ﬁeld adjustments on the working drawings shall not relieve the Contractor of the responsibil - ity to accommodate and incorporate such existing conditions into the ﬁnished work.

c.Working Drawings The Contractor shall furnish nine sets of detailed working drawings to the extent and with the details required by the Contract Documents unless otherwise indicated in the Contract Documents. Work - ing drawings and submittals shall be identiﬁed by the complete state project and job designation number, as well as the federal project number if applicable. Items or component materials shall be identiﬁed by the speciﬁc Contract item number and Speciﬁcation reference in the Contract. Any changes from the requirements of the Contract shall be speciﬁcally denoted, together with justiﬁ - cation, and submitted to the Engineer for review. Working drawings shall be submitted in sufﬁcient 105.10 46time to allow for review, discussion and correction prior to the beginning of the work they reference and avoid causing any delay to the Work. Work shall not be performed or materials ordered prior to the completion of the Department’ s review of the working drawings. Reviewed working drawings will be returned to the Contractor within 30 days from the date of receipt by the Department. If a railroad, municipality, or other entity as speciﬁed in the Contract or on the plans is required to review the working drawings, the reviewed working drawings will be returned within 45 days from the date of receipt by the Department. If the working drawings are not returned by the time speciﬁed, no additional compensation will be allowed except that an extension of time in accordance with Section 108.04 will be considered if the work element detailed by the working drawings is on the project’ s critical path or involves a controlling item of work. Three sets of working drawings marked with any suggested modiﬁcations or comments will be returned to the Contractor. The other sets will be retained by the Department. The Department’ s review of the Contractor’ s working drawings will be limited to evaluation for conformance with the Contract requirements. The Department’ s review will not relieve the Con - tractor from responsibility for errors in the working drawings or from complying with the Contract requirements for a fully functional ﬁnished work item as speciﬁed or designed. Deviations from the Contract requirements initiated by the Contractor shall be requested in writing and clearly identiﬁed on the working drawings. Explicit supporting justiﬁcation shall be furnished speciﬁcally describing the reason for the requested deviations, as well as any impact such devia - tions shall have on the schedule of work. Failure to address time or other impacts associated with the Contractor’ s request will be cause for rejection of the Contractor’ s request. Deviations from the Contract requirements shall not be made unless authorized by the Engineer. Such authorization shall not relieve the Contractor from the responsibility for complying with the Contract requirements for a fully functional ﬁnished work item as speciﬁed or designed. If working drawings detailing change(s) initiated by the Contractor require more than two resub - missions or revisions, the cost of additional reviews by the Department or its designated representa - tive(s) will be assessed to the Contractor. The Contractor shall submit as-built working drawings upon completion of the Work, if required by the Contract. The cost of working drawings furnished by the Contractor shall be included in the cost of appropriate Contract items. The Contractor may authorize the fabricator in writing to act for him in matters relating to work - ing drawings. Such authorization shall have the force and effect of any other representative of the Contractor’ s organization. Provide working drawings according to the following:

1.Steel Structures Working drawings for steel structures, including metal handrails, shall consist of shop detail, erection, and other working drawings showing details, dimensions, sizes of units, and other information necessary for the fabrication and erection of metal work. 105.10 472. Falsework Working drawings for falsework supporting a bridge superstructure shall be signed and sealed by a Professional Engineer, holding a valid license to practice engineering in the Common - wealth of Virginia.

3.Concrete Structures and Prestressed Concrete Members Working drawings for concrete structures and prestressed concrete members shall provide such details as required for the successful prosecution of the work and which are not includ - ed in the plans furnished by the Department. Drawings shall include plans for items such as prestressing strand details and elongation calculations, location of lift points, falsework, bracing, centering, form work, masonry, layout diagrams, camber management plan for prestressed members, and bending diagrams for reinforcing steel when necessary or when requested. Such drawings shall be signed and sealed by a Professional Engineer, holding a valid license to practice engineering in the Commonwealth of Virginia.

4.Lighting, signal and pedestal poles, overhead and bridge mounted sign structures, breakaway support systems, anchor bolts, framing units, panels, and foundations Prior to fabrication or construction, the Contractor shall submit for review one original and six copies of each working drawing and design calculation for lighting, signal and pedestal poles, overhead and bridge mounted sign structures, breakaway support systems, anchor bolts, framing units, panels, and foundations. All sheets of these submittals shall include the Professional Engineer’ s signature and seal. Certiﬁcation for foundations will be required only when the designs are furnished by the Contractor. The designs shall be in accordance with the speciﬁc editions of the AASHTO Standard Speciﬁcations for Structural Supports for Highway Signs, Luminaires, and Trafﬁc Signals as required in Section 700. Such designs shall be signed and sealed by a Professional Engineer, holding a valid license to practice engineering in the Commonwealth of Virginia.

5.Reinforced Concrete Pipe When speciﬁed, and prior to manufacture of reinforced concrete pipe, the Contractor shall furnish to the Department a certiﬁcation of the acceptability of the design of such pipe, as determined from a review that has been signed and sealed by a Professional Engineer holding a valid license to practice engineering in the Commonwealth of Virginia. Such certiﬁcation shall cover all design data, supporting calculations and materials. Pipe designs previously certiﬁed or approved by the Department will not require recertiﬁcation.

105.11 Conformity with Plans and Speciﬁcations

All materials to be used in the Work shall conform to the qualities, technical requirements, values or range of values specified in the Contract. Less than complete conformity may be permitted if obtaining exact or complete conformity would not be feasible and if authorized in writing by the Engineer. Permissible tolerances for the elevation of subgrade and ﬁnished grade and for the thickness of the var - ious courses of pavement structure are speciﬁed in the Contract. If permissive tolerances are exceeded, or if consistent deviations from the plans or abrupt changes in grade occur, even though within the tolerances, the affected areas shall be reconstructed to conform to the speciﬁed tolerance and provide 105.11 48a smooth riding surface. When it is not feasible to reconstruct the areas, payment will be made in accordance with the applicable speciﬁcation for each material placed or adjusted in accordance with When the plans require the ﬁnished surface to tie into any structural item whose elevation is ﬁxed, the elevation of the ﬁnished surface must coincide with the elevation of the structural item.

105.12 Coordination of Plans, Standard Drawings, Speciﬁcations, Supplemental Speciﬁcations,

Special Provisions, and Special Provision Copied Notes The plans, Standard Drawings, Speciﬁcations, Supplemental Speciﬁcations, Special Provisions, Special Provision Copied Notes, and other Contract Documents deﬁned in Section 103.06 are parts of the Con - tract. A requirement occurring in one Contract Document shall be as binding as though occurring in all. The Contract Documents are intended to be complementary, and to include, describe and provide all items necessary for the Contractor’ s proper and complete performance of the Work. In case of a discrepancy, the following order of priority will apply, with the highest governing item appearing ﬁrst and the least governing item appearing last:

a.Special Provision Copied Notes. The Contract items, units and unit prices listed in the Contract’ s Schedule of Items have the same status as Special Provision Copied Notes.

b.Special provisions.

c.Plans.

d.Supplemental Speciﬁcations. Those present in the physical, executed Contract will govern over those published in the annual supplemental volume.

e.Speciﬁcations.

f.Standard Drawings (including all revisions issued through the date of Advertisement). Calculated dimensions, unless obviously incorrect, will govern over scaled dimensions. Drawings (with the exception of Standard Drawings), sketches, general notes, and other written informa - tion that are not included in Special Provisions or Special Provision Copied Notes used in No Plan and Minimum Plan Concept projects will have the same status as plans. The Contractor shall not take advantage of any obvious or apparent ambiguity, conﬂict, error or omission in the plans or the Contract. If after beginning work the Contractor discovers an ambiguity, conﬂict, er - ror, or omission in the Contract, he shall immediately notify the Engineer and before proceeding further with the affected work. The Engineer will then make such corrections and interpretations as may be deemed necessary for fulﬁlling the intent of the Contract.

105.13 State Force Construction Surveying

a.General Description: This work shall consist of the Department performing all surveying and providing surveying and stakeout sketches and information as detailed herein for the successful prosecution of work as 105.11 49indicated on the plans and as directed by the Engineer. Stakeout work will be in accordance with the details and requirements of the Department’ s Survey Manual and the provisions herein. Survey services will be provided to the extent detailed herein for Construction, Minimum Plan, and No Plan projects.

b.Request for Survey Services: Once the Contractor requests survey services, the Department will begin the requested work within 3 working days. The Contractor shall not expect the Department survey party to work in the ﬁeld during adverse weather conditions that could be detrimental to the survey equipment or paperwork, therefore the Contractor shall plan the need for such services accordingly. It shall be the Contractor’ s responsibility to preserve all Department furnished centerline or baseline controls, references, and location benchmarks. After initial stakeout, an hourly charge equal to the current hourly rate for Department survey services per district will be billed to the Contractor for resetting stakes where the cause for the resetting of such stakes is due to the fault of the Contractor or his operations. This rate will also apply to travel time to and from the project. If the Contractor requests stakes after the initial staking and he is not ready to accommodate such work, the Contractor will be billed the hourly rate for Department survey services per district measured in travel time to and from the project. Such fees will be billed to the Contractor on the next monthly estimate.

c.Contractor Responsibility for Examination of Data: For Construction or Minimum Plan projects, the Contractor shall be responsible for examining all surveying work that the Department provides for accuracy. Should a disagreement involving the accuracy of stakeout or survey work arise during construction, the Contractor shall within one busi - ness day of conﬁrming the disagreement provide written notice to the Engineer, precisely describing and documenting the discrepancy. The Contractor’ s failure to furnish written notice of such discrep - ancy within the timeframe speciﬁed will bar any claim for time impact or costs. The Engineer will determine the validity of the Contractor’ s assertion in the notice, respond to the Contractor within 3 working days of receipt of the Contractor’ s notice, and provide direction on how to proceed. When the Contractor provides the written notice within the timeframe speciﬁed, the Engineer will consider a time extension according to Section 108.04, or additional compensation according to 109.05. For No Plan projects, the Examination of Data speciﬁed above is not required.

d.Survey Services Furnished: Unless otherwise stated, the Department will provide horizontal and vertical controls for the project construction stakeout. The Contractor shall preserve all controls the Department provides. Where available, electronic data ﬁles along with paper sketches and drawings will be furnished by the Department when requested in writing by the Contractor. All electronic data ﬁles furnished by the Department to the Contractor will be in the format of the Department’ s current computer hardware and software, or a format fully compatible with such hardware and software. Additional surveying work and supplemental layout work shall be performed by the Contractor as needed to successfully complete the Work. The Contractor shall provide and protect temporary con - struction benchmarks within the construction limits. Temporary construction benchmarks shall be 105.13 50located not farther than 500 feet apart for the total length of the project or as indicated on the plans. Temporary construction benchmarks that are disturbed during construction operations shall be re - established by the Contractor at no additional cost to the Department. All drawings, ﬁeld notes, and computations from such survey work performed by the Contractor shall be submitted to the Engineer. The Department will perform the following surveying work based on the type of project.

1.Construction (C) Projects .

a.Digital Terrain Model (DTM) and Construction Cross-Sections: The Department will provide original location Digital Terrain Model (DTMs), which will serve as the basis of payment for earthwork. The Contractor shall be responsible for taking construction DTMs or cross-sections of areas where the Contractor does not agree with the Depart - ment-furnished original location DTMs. The Contractor shall submit its DTM informa - tion to the Engineer for veriﬁcation prior to any excavation by the Contractor in these alleged areas of disagreement. All DTMs shall be compatible to the Department’ s current DTM format.

b.Borrow Pits: The Department will provide all borrow pit DTMs or cross-sections, both original and ﬁnal. The Engineer will not consider any alleged discrepancy in borrow volume unless the Contractor substantiates the alleged discrepancy with independent DTMs or cross-sections of borrow areas both original and ﬁnal.

c.Horizontal and V ertical Control for Bridges: The Department will furnish certiﬁed plats, ﬁeld notes, coordinates and computations prior to the Contractor beginning work on these structures.

d.Horizontal and V ertical Controls for all Box Culverts, all Pipe Culvert Installations (including single and multiple line installations) with total hydraulic openings equivalent to 12 .6 square feet and larger, and for all closed systems such as storm sewers, and sanitary sewers regardless of size: The Department will stake all such installations and furnish certiﬁed plats, including notes, coordinates, or computations used to support the platted information, prior to the Contractor beginning work on these culvert structures. For the purposes of identifying those pipe culvert installa - tions please refer to the areas (hydraulic openings) shown in the PB-1 Standards for the respective sizes of pipes speciﬁed on the plans. Where multiple lines of pipes are shown, the areas of the pipe sizes will apply to the total areas of the number of lines speciﬁed in the plans. For box culverts refer to the sizes shown in the BC-1 Standards to determine areas of total hydraulic opening.

e.Horizontal and V ertical Control for Pipe Culvert Installations (including single and multiple line installations) having total hydraulic openings equivalent to 3 .1 square feet and up to 12 .5 square feet: The Department will stake horizontal and vertical control for pipe culvert installations having a total hydraulic opening equivalent to 3.1 square feet and up to 12.5 square feet. The Department will furnish sketches prior to the Contractor be - ginning work on these culvert structures. For the purposes of identifying those pipe culvert installations please refer to the areas (hydraulic openings) shown in the PB-1 Standards for the respective sizes of pipes speciﬁed on the plans. Where multiple lines of pipes are shown, the areas of the pipe sizes shall apply to the total areas of the number of lines speciﬁed in the plans. For box culverts refer to the sizes shown in the BC-1 Standards to determine areas of total hydraulic opening.105.13 51 f. Horizontal and V ertical Control for additional centerlines or baselines for roadways, ramps, loops and connections: Upon written request, the Department will provide horizontal and vertical controls for additional centerlines or baselines for roadways, ramps, loops and connections.

g.Grading and paving construction: The Department will provide ﬁne grade or other grade stakes required for the construction of the project as the work progresses except as stated herein. Fine grade stakes will be set on all projects on which the plans show a deﬁnite grade line. Fine grade hubs will be set on at least one side with distances and grades referenced to the ﬁnished centerline grade. Typically, on curves, the Department will provide the distances and elevations to each edge of pavement and centerline through the transitions and the distances and elevations to the edge of pavement only (straight-line super) through full super portions of the curve. On projects where grading and paving is performed under the same Contract, only one set of ﬁne grade stakes will be provided to the Contractor. Fine grade stakes may be used for ﬁne grade and paving grade. On Secondary Road projects, ﬁne grade stakes will be provided by the Department only on those projects having curb and gutter or as directed by the Engineer. Special design ditches will be staked with an offset and cut to the centerline of the ditch. Radius points for pavement ﬂares at connections will be staked only if requested by the Contractor. The Department will set all slope stakes. Upon written request from the Contractor cut/ ﬁll sheets for slope stakes will be furnished by the Department to the Contractor within 3 working days of the survey party’ s arrival at the project site or a timeframe agreed upon by the Contractor and the Engineer after reviewing the length and complexity of the project.

h.Right of way and boundary stakeout affecting property ownership: Right of Way will be staked by the Department prior to the start of the project. Right of way stakes will be placed at a minimum of 100-foot intervals on each side of the roadway or as directed by the Engineer and the stakes will be marked with both the station and offset back to cen - terline. All ﬁnal boundary stakeout will be performed by the Department’ s survey party.

i.Setting right of way monuments: Final right of way monumentation will be performed by the Department in accordance with the following:

1.RM-1: The Department will furnish and install RM-1 right of way monuments in accordance with the Road and Bridge Standards.

2.RM-2: The Department will furnish and install RM-2 right of way monuments and optional locator posts, including the required caps, in accordance with the Road and Bridge Standards.

3.Other monumentation: The Department will determine if an alternative form of permanent monumentation will be used if RM-1 or RM-2 monuments are unsuitable for marking the right of way at various locations. The Department will indicate this 105.13 52alternative monument usage on the ﬁnal as-built plan in accordance with the Depart - ment’ s Survey Manual.

2.Minimum Plan (M) Projects .

a.Digital Terrain Model (DTM) and Construction Cross-Sections: “M” projects are based on plan quantities; therefore DTM and construction cross-sections are not required, except for borrow pits. Should the Engineer determine at any time that an actual measurement is warranted, the Department will make the necessary measurement in the ﬁeld.

b.Borrow Pits: Same as for Construction (C) Projects.

c.Horizontal and vertical control for bridges: Same as for Construction (C) Projects.

d.Horizontal and V ertical Control for all Box Culverts, all Pipe Culvert Installations (including single and multiple line installations) with a total hydraulic openings equiva - lent to 12 .6 square feet and larger, and for all closed systems such as storm sewers, and sanitary sewers regardless of size: Same as for Construction (C) Projects.

e.Horizontal and V erticals Control for Pipe Culvert installations (including single and multiple line installations) having total hydraulic openings equivalent to 3 .1 square feet and up to 12 .5 square feet: Same as for Construction (C) Projects.

f.Horizontal and Vertical Control for additional centerlines or baselines for roadways, ramps, loops and connections: At certain locations and at the discretion of the Engineer, a minimum number of centerline grade stakes may be furnished by the Department from which the approximate depth of centerline cuts and ﬁlls may be obtained.

g.Grading and paving construction: Same as for Construction (C) Projects, except that slope stakes are not required on “M” projects.

h.Right of way and boundary stakeout affecting property ownership: Same as for Construction (C) Projects.

i.Setting right of way monuments: Same as for Construction (C) Projects.

3.No Plan (N) Projects . The location of any reference points that the Department may have established, and any control data which the Department may have available will be provided to the Contractor upon request. The Department will be responsible for the accuracy of such reference points and control data.

105.14 Maintenance during Construction

a.Trafﬁc Control

1.The Contractor shall have at least one person on the project site during all work operations who is currently veriﬁed either by the Department’ s Intermediate Work Zone Trafﬁc Control train -105.13 53ing or by the American Trafﬁc Safety Services Association (ATSSA) Virginia Intermediate Trafﬁc Control Supervisor (TCS) training by a Department approved training provider. This person must have their veriﬁcation card with them while on the project site. This person shall be responsible for the oversight of work zone trafﬁc control within the project limits in compli - ance with the Contract requirements, the VWAPM, and the MUTCD. This person’ s duties shall include the supervision of the installation, adjustment (if necessary), inspection, maintenance, and removal when no longer required, of all work zone trafﬁc control devices on the project. If none of the Contractor’ s on-site personnel responsible for the supervision of such work have the required veriﬁcation with them or if they have an outdated veriﬁcation card showing they are not currently veriﬁed as a Trafﬁc Control Supervisor (TCS) either by the Department in Intermediate Work Zone Trafﬁc Control, or by the ATSSA, the Engineer will suspend all work on the project until the Work is appropriately supervised in accordance with the requirements herein.

2.The Contractor shall have at least one person on site who is, at a minimum, veriﬁed in Basic Work Zone Trafﬁc Control by the Department for each construction and/or maintenance operation that involves installing, maintaining, or removing work zone trafﬁc control devices. This person shall be responsible for the placement, maintenance, and removal of work zone trafﬁc control devices. In the event none of the Contractor’ s on-site personnel for any construction and/or maintenance operation have, at a minimum, the required veriﬁcation in Basic Work Zone Trafﬁc Control, the Engineer will suspend that construction/maintenance operation until that operation is appropri - ately staffed in accordance with the requirements herein.

3.Flagging Trafﬁc: Flaggers shall be able to communicate to the traveling public in English while performing the job duty as a ﬂagger at the ﬂagger station. Certiﬁcation for ﬂaggers will be awarded upon a candidate’ s satisfactory completion of an examination. Certiﬁcation cards shall be carried by ﬂaggers while performing ﬂagging duties. Flaggers found not to be in possession of their certiﬁcation card shall be removed from the ﬂagging site and operations requiring ﬂagging will be suspended by the Engineer until a cer - tiﬁed ﬂagger is on-site to perform ﬂagging duties in accordance with the requirements herein. Flaggers performing duties improperly will have their certiﬁcations revoked.

b.Maintenance of Trafﬁc

1.The Contractor shall prosecute the Work so as to avoid obstructions to trafﬁc to the greatest extent practicable. The Contractor shall provide for the safety and convenience of the general public and residents along the roadway, and for the protection of persons and property. Highways closed to trafﬁc shall be protected by barricades and other warning devices as required by the Contract, the VWAPM, and the MUTCD. Barricades and warning devices shall be illu - minated where required during periods of darkness and low visibility. The Contractor shall erect warning devices in advance of a location on the project where operations or obstructions may interfere with the use of the road by trafﬁc and at all intermediate points where the new work crosses or coincides with an existing roadway. The Contractor shall maintain sign faces and re - ﬂective surfaces of warning devices in a clean and visible condition. The Contractor shall cover or remove signs when the messages thereon are not applicable. Barricades, warning signs, lights, temporary signals, and other protective devices shall conform to Section 512.105.14 54 2. The road shall be kept open to all trafﬁc while undergoing improvements, unless otherwise permitted in the Contract. The Contractor shall keep the portion of the project being used by public, pedestrian, and vehicular trafﬁc in such condition that all such trafﬁc will be safely and adequately accommodated. However, removal of snow and control of ice on roads open to public travel will be performed by the Department. The Contractor shall keep the portions of the road being used by the public free from irregu - larities and obstructions that could present a hazard or annoyance to trafﬁc. When directed by the Engineer, allaying of dust shall be performed and paid for in accordance with Section 511. Holes in hard surface pavements shall be ﬁlled with approved asphalt patching material. Where such work is not speciﬁed in the Contract and determined to be required by the Engineer, and not the result of any failure or fault of the Contractor and due to causes beyond the Contractor’ s control, the cost to remedy such hazards will be handled according to 109.05. If any damage is sustained by an accepted unit or portion of the project attributable to causes beyond the control of the Contractor, the Engineer may authorize the Contractor to make the necessary repairs. These repairs will be paid for at the Contract price for the items requiring repair. In the absence of Contract prices covering the items of repair, the repair work will be paid for in accordance with Section 109.05.

3.Detours: Detours may be indicated on the plans or in the special provisions or may be used with the Engineer’ s approval. Unless otherwise designated in the Contract, the Contractor shall furnish, install and maintain all directional markings, for through-trafﬁc on off-project detours authorized or requested by the Engineer with the exception of municipalities. Municipalities shall be responsible for off-project roadway maintenance within their own corporate limits. Detours over existing state roads shall be designated, marked, and maintained by the Contractor. Directional markings for detours shall include signs. Responsibility for installation and maintenance of the signs shall be in accordance with Section 512.03(a). If any project is located wholly or in part within a municipality’ s corporate limits and through trafﬁc is to be detoured at the municipality’ s request, the municipality will provide and maintain the detours within the corporate limits and will furnish, install and maintain all directional markings. The provision of detours and marking of alternate routes will not relieve the Contractor of the responsibility for ensuring the safety of the public or from complying with any Contract requirements affecting the rights of the public within his Contract area of operations, including those concerning lights and barricades. Maintenance of all other detours shall be the Contrac - tor’ s responsibility. The Department will furnish the right of way for temporary highways, vehicular watercourse crossings, diversion channels, sediment and erosion control features or bridges required by the Contract.

4.Maintenance of Trafﬁc During Suspension of Work: During any suspension of work, the Contractor shall temporarily open to trafﬁc such portions of the project and temporary road - ways as may be agreed upon by the Contractor and Engineer.

5.Minimizing Trafﬁc Delays: Two-way trafﬁc shall be maintained at all times unless the Contract or the Engineer permits one-way trafﬁc. The Contractor shall not stop trafﬁc without the Engineer’ s permission. If one-way trafﬁc is permitted, the Contractor shall provide certiﬁed ﬂaggers to direct the trafﬁc. When speciﬁed in the Contract as a pay item, pilot vehicles shall be furnished in accordance with 105.14 55Section 512. Upon the Contractor’ s request and where deemed appropriate by the Department, the Department will install trafﬁc signals that may be used for the control of one-way trafﬁc. The Contractor shall pay the costs of installation, electrical service, maintenance or repair work, and a predetermined rental charge per day for the signals and removal when no longer needed.

6.Connections and Entrances: Connections with other roads and public and private entrances shall be kept in a reasonably smooth condition at all times. Stabilization or surfacing material shall be applied to connections and entrances. When spec - iﬁed in the Contract, such material will be paid for at the Contract unit price for the speciﬁc material. Where such material is not speciﬁed in the Contract and determined to be required by the Engineer, the cost for stabilization or surfacing material will be handled in accordance with Section 109.05. The Contractor shall schedule construction operations so that approved continuous access is provided for all property adjacent to the construction when the property is shown on the plans to require access. When frontage roads are shown on the plans, they shall be constructed prior to the closing of any access routes unless other approved access is provided and is acceptable to the property owner. The Contractor shall not disturb connections or entrances until necessary. Once disturbed, the Contractor shall maintain and complete connections or entrances as follows:

a.Connections: Connections that had an original paved surface shall be brought to a grade that will smoothly and safely accommodate vehicular trafﬁc through the intersection, using temporary pavement as soon as practicable after connections are disturbed. Connections that had an original unpaved surface shall be brought to a grade that will smoothly and safely accommodate vehicular trafﬁc through the intersection, using either the required material or a temporary aggregate stabilization course that shall be placed as soon as practicable after connections are disturbed. If there are delays in prosecution of work for connections, connections that were originally paved shall have at least two lanes maintained with a temporary paved surface. Those that were not originally paved shall be maintained with a temporary aggregate stabilization course.

b.Entrances: Entrances shall be graded concurrently with the roadway with which they intersect. Once an entrance has been disturbed, it shall be completed as soon as is practicable, including placing the required base and surface course or stabilization. If the entrance must be constructed in stages, such as when there is a substantial change in the elevation of the roadway with which it intersects, the surface shall be covered with a tem - porary aggregate stabilization course or other suitable salvaged material until the entrance can be completed and the required base and surface or stabilization course can be placed.

7.Obstruction Crossing Roadways: Where the Contractor places obstructions such as suction or discharge pipes, pump hoses, steel plates, or any other obstruction that must be crossed by vehicular trafﬁc, they shall be bridged as directed by the Engineer at the Contractor’ s expense. Trafﬁc shall be protected by the display of warning devices both day and night. If operations or obstructions placed by the Contractor damage an existing traveled roadway, the Contractor shall cease operations and repair damages to the roadway at no additional cost to the Department.105.14 56 8. Patching Operations: Where existing hydraulic cement concrete pavement is to be patched, the operation of breaking and excavating old pavement shall extend for a distance of not more than two miles. Patching shall be coordinated with excavating so that an area of not more than one-half mile in which excavated patches are located shall be left at the end of any day’ s work. Necessary precautions shall be taken to protect trafﬁc during patching operations.

9.Temporary Structures: The Contractor shall construct, maintain, and remove temporary structures and approaches necessary for use by trafﬁc. Unless otherwise speciﬁed in the Contract, the cost of these operations shall be included in pay items for the new structure. After new structures have been opened to trafﬁc, temporary structures and approaches shall be removed. The materials contained therein shall remain the property of the Contractor. The proposed design of temporary structures shall be submitted to the Engineer prior to the beginning of construction in accordance with Section 105.10.

10.Haul Route: The Contractor shall select haul routes between the project and material source(s) that will minimize disturbance to the community. The Contractor shall furnish to the Engineer, for review, his plan for the haul route and for minimizing the adverse effects of hauling operations on persons who reside adjacent to the haul route or persons who otherwise use a portion of the haul route for ingress or egress to their residential or work area. The Department may select alternate haul routes, divide the hauling trafﬁc over several routes, and impose other restrictions deemed necessary to minimize the impact of the hauling operation on local residents.

11.Opening Sections of Projects to Trafﬁc Certain sections of the Work may be opened to trafﬁc when speciﬁed in the Contract or when directed by the Engineer. Such opening shall not constitute acceptance of the Work or any part thereof or a waiver of any provision of the Contract. On any section of the Work opened by order of the Engineer where the Contract does not provide for trafﬁc to be carried through the Work, the Contractor will not be required to assume any expense entailed in maintaining the road for trafﬁc. The Department will pay such expense or will compensate the Contractor in accordance with Section 109.05. Repair of slides and repair of damage attributable to trafﬁc will be compensated for in accordance with Section 109.05. Slides shall be removed by the Contractor in accordance with Section 303. On any section of the Work opened by order of the Engineer where the Contract does not provide for trafﬁc to be carried through the Work, any additional cost incurred to complete other items of work solely because of the changed working conditions will be compensated according to Section 109.05. If the Contractor is not continuously prosecuting the Work to the Engineer’ s satisfaction as determined by the Schedule of Record, the Contractor shall not be relieved of the responsibil - ity for maintenance of the completed work during the period that the section of the Work is opened to trafﬁc prior to ﬁnal acceptance. The Contractor shall be responsible for any expense resulting from the opening of such portions of the Work under these circumstances, except for slides. The Contractor shall conduct the remainder of the construction operations so as to cause the least obstruction to trafﬁc.105.14 57(c) Maintenance of Work

1.The Contractor shall maintain the Work, the project site, construction area and roadway from the beginning of construction operations until ﬁnal acceptance with adequate equipment and forces to keep the roadway and structures in a safe and satisfactory condition at all times and to ensure the continuous and effective day by day prosecution of the Work. VDOT will perform maintenance of items outside of the scope of work of the Contract. As determined by the Engineer, where maintenance is necessary within the project limits but does not affect Contract work, and not the result of any failure or fault of the Contractor and due to causes beyond the Contractor’ s control, the cost to perform such maintenance will be handled accord - ing to Section 109.05. If any damage is sustained by an accepted unit or portion of the project attributable to causes beyond the control of the Contractor, the Engineer may authorize the Contractor to make the necessary repairs. These repairs will be paid for at the Contract price for the items requiring repair. In the absence of Contract prices covering the items of repair, the repair work will be paid for in accordance with Section 109.05.

2.Where the Contract speciﬁes placing a course on another course or subgrade of embankment, base, subgrade, concrete, asphalt pavement, or other courses previously constructed, the Contractor shall maintain the courses or subgrades previously constructed in accordance with the Contract requirements when placing such course. This maintenance includes, but is not limited to draining, re-compacting, re-grading, or, if unacceptable or destroyed, the removal of work the Department previously accepted.

3.Grading Operations: When the Contractor elects to complete the rough grading operations for the entire project or exceed the length of one full day’ s surfacing operations, the rough grade shall be machined to a uniform slope from the top edge of the existing pavement to the ditch line. When the surface is to be widened on both sides of the existing pavement, construction oper - ations involving grading or paving shall not be conducted simultaneously on sections directly opposite each other. The surface of pavement shall be kept free from soil and other materials that might be hazardous to trafﬁc. Prior to opening of new pavement to trafﬁc, shoulders shall be roughly dressed for a distance of 3 feet from the edge of the paved surface.

d.Maintenance Cost The Contractor shall bear all costs of performing maintenance work before ﬁnal acceptance, and of constructing and maintaining necessary approaches, crossings, intersections, and other features without direct compensation except as provided for herein. When the Contractor conﬁnes his opera - tion to the surface of the roadway and reasonable width of the shoulder and the surface is disturbed or damaged by his operations or equipment, he shall be responsible for the restoration and mainte - nance of the surface that is disturbed or damaged.

e.Failure to Maintain Roadway or Structures: If the Contractor fails to remedy unsatisfactory maintenance immediately after receipt of a notice by the Engineer, the Engineer may proceed with adequate forces, equipment, and material to maintain the project. The cost of the maintenance, plus 105.14 5825 percent for supervisory and administrative personnel, will be deducted from monies due the Contractor for the project.

105.15 Removing and Disposing of Structures and Obstructions

The Contractor shall remove and dispose of or store, as directed by the Engineer, fences, buildings, structures, or encumbrances within the construction limits unless separate pay items for this work are included in the Contract. Payment for these operations will be in accordance with Section 301.03. Materials so removed, including existing drains or pipe culverts, shall become the property of the Contractor, with the exception of those materials to be stored or delivered to the Department or others as designated in the Contract.

a.Signs: The Contractor shall relocate all signs within the construction limits that conﬂict with construction work as approved by the Engineer. Signs that are not needed for the safe and orderly control of trafﬁc during construction as determined by the Engineer shall be removed and stored at a designated location within the project limits. The removed signs shall be stored above ground in a manner that will preclude damage and shall be reinstalled in their permanent locations prior to ﬁnal acceptance. If any of the removed signs are not to be reinstalled, the Contractor shall notify the Engineer at the time the signs have been properly stored. Such signs will be removed from the storage area by the Department. Any sign that is damaged or lost because of the fault of the Contractor shall be repaired or replaced at his expense. Costs for removing, storing, protecting, and reinstalling such signs shall be included in the price bid for other items in the Contract, and no additional compensation will be made.

b.Mailboxes and Newspaper Boxes: When removal of existing mailboxes and newspaper boxes is made necessary by construction operations, the Contractor shall place them in temporary locations so that access to them will not be impaired. Prior to ﬁnal acceptance, boxes shall be placed in their permanent locations as designated by the Engineer and left in the same condition as when found. Boxes or their supports that are damaged through negligence on the part of the Contractor shall be replaced at his expense. The cost of removing and resetting existing boxes shall be included in other pay Contract items. New mailboxes designated in the plans shall be paid for in accordance with Section 521.

105.16 Cleanup

Removal from the project of rubbish, scrap material, and debris caused by the Contractor’ s personnel or construction operations shall be a continuing process throughout the course of the Work. The work site shall be kept in a neat, safe and orderly condition at all times. Before ﬁnal acceptance, the highway, borrow pits, quarries, disposal areas, storage areas, and all ground occupied by the Contractor in connection with the Work shall be cleaned of rubbish, surplus materials, and temporary structures, except where the Contractor owns or controls the property. All parts of the Work shall be left in a neat, safe and orderly condition. Within 30 days after ﬁnal acceptance, the Contractor shall remove his equipment, materials and debris from the right of way and from property adjacent to the project that he does not own or control.105.14 59105.17—Inspection of Work Inspection will be performed at critical stages. However, all stages, materials, and details of the Work are subject to inspection. The Contractor shall provide the Engineer and Inspectors full and safe access to all parts of the Work. The Contractor shall furnish the Engineer and Inspectors such information and assistance as required to make complete, timely and detailed inspections. The Engineer, Inspectors and their appointed representatives shall have ready access to machines, plants and plant equipment used in processing or placing materials. Prior to the beginning of operations, the Engineer will meet with the Contractor to establish an under - standing of the critical stages of work that shall be performed in the presence of the Inspector. In order for the Department to schedule inspection of the critical stages of work, the Contractor shall keep the Engineer informed of planned operations in accordance with Section 108.03. The Contractor shall advise the Engineer at least 24 hours in advance of any changes in the Contractor’ s planned operations or critical stage work requiring Department inspection. If the Engineer requests it, the Contractor shall remove or uncover such portions of the ﬁnished work as may be directed at any time before ﬁnal acceptance. The Contractor shall restore such portions of the ﬁnished work to comply with the appropriate contract speciﬁcation requirements. If the work exposed does not contain a defect, the uncovering or removing and replacing the covering or making good the parts removed will be paid for as extra work in accordance with Section 104.02 of the Speciﬁcations. If the uncovered work contains a defect, the cost of uncovering or removing and replacing the covering or making good the parts removed shall be borne by the Contractor whether or not the Engineer directs the Contractor to mitigate the defective work. Acceptance of substandard work does not negate the presence of the defect. For the purposes of this section, a defect shall mean any part of the Work that does not conform to the Contract. When any unit of government, political subdivision, or public or private corporation is to pay a portion of the cost of work speciﬁed in the Contract, its representatives shall have the right to inspect such work. The exercise of this right shall not be construed as making them a party or parties to the Contract or conferring on them the right to issue instructions or orders to the Contractor. If materials are used or work is performed without inspection by an authorized representative of the Department, the Contractor may be ordered to remove and replace such work or material at his own expense unless the Department’ s representative failed to inspect the work or material after having been given reasonable notice in writing that the material was to be used or the work was to be performed. If an inspection reveals that work has not been properly performed, or materials used are unacceptable, the Contractor will be so advised and he shall immediately inform the Department of his schedule for correcting such work and materials, and the time when a reinspection can be made.

105.18 Removal of Unacceptable and Unauthorized Work

Work that does not conform to the Contract requirements, whether the result of unacceptable workman - ship, use of unacceptable materials, damage through carelessness, or any other cause within the Contrac - tor’ s control, will be considered unacceptable work. Unacceptable work shall be remedied or removed as determined by the Engineer and replaced in an acceptable manner at the Contractor’ s expense. The Engineer may accept the unacceptable work at a reduced price when acceptance is considered to be in the best interest of the public.105.18 60Work that is done contrary to the instructions of the Engineer, contrary to the requirements of the Contract, beyond the lines shown on the plans or as designated by the Engineer except as speciﬁed herein, or without authority will be considered unauthorized and will not be paid for. The Engineer may order the Contractor to remove or replace unauthorized work at the Contractor’ s expense. The Contractor shall not perform destructive sampling or testing of the work without written authoriza - tion of the Engineer. Unauthorized destructive sampling or testing will cause the work to be considered unacceptable. In the event the Contractor is granted authorization to perform destructive sampling or testing, the Contractor shall obtain the approval of the Engineer for the method and location of each test prior to beginning such sampling or testing. In addition, destructive sampling and testing shall be performed in the presence of the Engineer. If the Contractor fails to comply immediately with any order of the Engineer made under this Section, the Engineer will have the authority to cause unacceptable or unauthorized work to be removed and replaced and to deduct the cost of such removal and replacement, plus 25 percent for supervisory and administra - tive personnel, from any monies due or to become due the Contractor.

105.19 Submission and Disposition of Claims

a.Notice of Intent to File a Claim Early or prior knowledge by the Department of an existing or impending claim for damages could alter the plans, scheduling, or other Department action or result in mitigation or elimination of the basis for the claim. Therefore, the Contractor shall submit a written statement describing the act of omission or commission by the Department or its agents that allegedly caused damage to the Con - tractor and the nature of the claimed damage to the Engineer at the time of each and every occurrence that the Contractor believes to be the basis of a claim or prior to the beginning of the work upon which a claim and any subsequent action will be based. “Occurrence” includes but is not limited to the En - gineer’ s denial of the Contractor’ s timely request for time extension, additional compensation, change order, adjustment, or other request under the Contract, or any other decision, instruction, directive, or order that the Contractor believes will result in a claim. The written statement shall clearly inform the Department that it is a “notice of intent to ﬁle a claim.” If such damage is deemed certain in the opinion of the Contractor to result from his acting on an order from the Engineer, he shall immedi - ately take written exception to the order. Submission of a notice of intent to ﬁle a claim as speciﬁed shall be mandatory. Failure to submit such notice of intent shall be a conclusive waiver to such claim for damages by the Contractor. An oral notice or statement will not be sufﬁcient nor will a notice or statement after the event. Oral statements recorded in meeting minutes also will not be sufﬁcient. In addition, at the time of each and every occurrence that the Contractor believes to be the basis of a claim or prior to beginning the work upon which a claim and any subsequent action will be based, the Contractor shall furnish the Engineer an itemized list of materials, equipment, and labor for which additional compensation will be claimed. Only actual cost for materials, labor and equipment will be considered. The Contractor shall afford the Engineer every facility for keeping an actual cost record of the work. The Contractor and the Engineer shall compare records and bring them into agreement at the end of each day. Failure on the part of the Contractor to afford the Engineer proper facilities for keeping a record of actual costs will constitute a waiver of a claim for such extra compensation except to the extent that it is substantiated by the Department’ s records. The ﬁling of such notice of intent by the Contractor and the keeping of cost records by the Engineer shall in no way establish the validity of a claim.105.18 61(b) Time for Submittal of Claim Upon completion or termination of the Contract, the Contractor may, within 60 days after the ﬁnal estimate date established by the Department pursuant to Code of Virginia § 33.2-1101, deliver to the Department a certiﬁed written claim, which must be a signed original claim document, along with an electronic copy of the claim document as a Portable Document Format (PDF) ﬁle, for the amount he deems he is entitled to under the Contract. For the purpose of this Section, the ﬁnal estimate date shall be that date set forth in a letter from the Department to the Contractor sent by certiﬁed mail and shall be considered as the date of notiﬁcation of the Department’ s ﬁnal estimate. Regardless of the manner of delivery of the claim, the State Construction Engineer must receive and have physical possession of the Contractor’ s written claim within the 60 day period that commences with the ﬁnal estimate date. Submittals received by the Department either before the ﬁnal estimate date or after the 60 day period shall not have standing as a claim.

c.Content of Claim The Contractor’ s certiﬁed written claim shall set forth in detail the facts upon which the claim is based, including but not limited to the following:

1.A detailed statement of the facts upon which the claim is based providing items of work affected and included in each claim, and the date(s) on which actions or events resulting in the claim occurred or conditions resulting in the claim became evident; and

2.All pertinent data, documents, and correspondence that may substantiate the claim. The Department shall have the right, at its expense, to review and copy all of the Contractor’ s non-privileged project ﬁles and documents, both electronic and paper, for use in analyzing the claim; and

3.Identiﬁcation of the provisions of the Contract that the Department allegedly breached, and the acts or omissions constituting such breach.

4.A detailed statement of the amount of the actual cost for materials, labor and equipment sought in the claim.

5.A copy of the notice(s) of intent to ﬁle a claim that the Contractor submitted to the Depart- ment for the claim(s).

d.Certiﬁcation of Claim . The Contractor shall submit with the claim a written certiﬁcation of the claim in the following form: Pursuant to the Code of Virginia, I hereby certify that this Contract claim submission for Virginia Department of Transportation Project No. ____________ in _____________ County, Virginia, is a true and accurate representation of additional costs, expenses, damages and/or delays incurred by __________________________ (Contractor) or its subcontractors or suppliers in the performance of the required Contract work. Any statements, representations, writings, or documents, made or used and known to be false, shall be considered a violation of the Virginia Governmental Frauds Act, punishable as allowed by the Code of Virginia for a Class 6 Felony, and shall be considered a violation of the Virginia Fraud Against Taxpayers Act, subject to the civil penalties allowed by the Code of Virginia.105.19 62______________________________(Contractor) By:___________________________ As ofﬁcer or duly appointed agent of ______________(Contractor) Title: _________________________ Date: ________________________ State Of: _____________________ City/County of _______________, To-Wit: I, the undersigned, a Notary Public in and for the City/County and State aforesaid, do hereby certify that ___________________________ , whose name is signed to the foregoing instru - ment, bearing date of the______ day of________________, 20__, has this day acknowledged the same before me in my City/County and State aforesaid. Given under my hand this ______ day of __________________ , 20___. Notary Public: _____________________ Notary Registration No.: _____________ My commission expires: _____________ Claims submitted by the Contractor for itself or its subcontractors or suppliers during the statutory period for submitting Contract claims that are submitted without the Contractor’ s certiﬁcation described above shall not have standing as a claim and shall not be considered by the Department.

e.Review of Claim Within 90 days from the receipt of the claim, the Department will make an investigation and notify the Contractor by certiﬁed mail of its decision. However, by mutual agreement, the Department and Contractor may extend the 90-day period for another 30 days. If the Contractor is dissatisﬁed with the Department’ s decision, within 30 days from receipt of the decision the Contractor shall notify the Commissioner in writing that it desires to appear before the Commissioner, whether in person or through counsel, and present additional facts and arguments in support of its claim. The Commissioner will schedule and meet with the Contractor within 30 days after receiving the request. However, the Commissioner and Contractor, by mutual agreement, may schedule the meeting to be held after 30 days but before the 60th day from the receipt of the Contractor’ s written request. Within 45 days from the date of the meeting, the Commissioner will investigate the claim, including the additional facts presented, and notify the Contractor in writing of his decision. However, the Commissioner and Contractor, by mutual agreement, may extend the 45-day period for another 30 days. If the Commissioner deems that all or any portion of a claim is valid, he shall have the authority to negotiate a settlement with the Contractor subject to any approv - als required by the Code of Virginia.105.19 63Any monies that become payable as the result of claim settlement after payment of the ﬁnal estimate will not be subject to payment of interest unless such payment is speciﬁed as a condition of the claim settlement.

f.Compensation for Claims The Engineer will determine time extension according to 108.04 and compensation according to

109.05 if the Department concludes that the Contractor has established entitlement to compensation

or a time extension for the claim. SECTION 106—CONTROL OF MATERIAL

106.01 Source of Supply and Quality Requirements

The materials used throughout the Work shall conform to the requirements of the Contract. The Contrac - tor shall regulate his supplies so that there will be a sufﬁcient quantity of tested material on hand at all times to prevent any delay of work. Except as otherwise speciﬁed, materials, equipment, and components that are to be incorporated into the ﬁnished Work shall be new and ﬁt for their intended purpose. Within 30 days after notiﬁcation of award of the Contract, but not later than 7 days prior to the beginning of construction operations under the Contract, the Contractor shall submit a statement of the known origin, composition and manufacture of all materials to be used in the work, including optional or alternate items. Material requirements not previously reported shall be submitted at least 60 days prior to their use on the project, but not less than 2 weeks prior to delivery. The Contractor’ s statement shall be electroni - cally submitted by use of Form C-25 and shall be identiﬁed by the complete project number, and all items or component materials shall be identiﬁed by the speciﬁc Contract item number and the Speciﬁcation reference shown in the Contract. At the option of the Engineer, materials may be approved at the source of supply. If it is found during the life of the Contract that previously approved sources of supply do not supply materials or equipment conforming to the Contract requirements, do not furnish the valid test data required to document the quality of the material or equipment, or do not furnish documentation to validate quantities to document payment, the Contractor shall change the source of supply and furnish material or equipment from other approved sources. The Contractor shall notify the Department of this change, and provide the same identifying information noted in this Section, at least 60 days prior to their use on the project, but not less than 2 weeks prior to delivery. Materials shall not contain toxic, hazardous, or regulated solid wastes or be furnished from a source containing toxic, hazardous or regulated solid wastes. When optional materials are included in the Contract, the Contractor shall advise the Engineer in writing of the speciﬁc materials selected. Thereafter, the Contractor shall use the selected materials throughout the project unless a change is authorized in writing by the Engineer. However, when the Contractor has an option as to the type of pipe that may be used, he may use any of the approved types for each size of pipe, but he shall use the same type for a particular line. The Engineer may authorize other types and sources in an emergency that will not unreasonably delay delivery of the selected material. Equipment and material guaranties or warranties that are normally given by a manufacturer or supplier, or are otherwise required in the Contract, shall be obtained by the Contractor and assigned to the Com - monwealth in writing. The Contractor shall also provide an in-service operation guaranty on all mechan -106.01

Source: Virginia Road and Bridge Specifications, 2020 Edition. Pages 62–90 of 1,065.

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104 —SCOPE OF WORK

106 —CONTROL OF MATERIAL