105CONTROL OF THE WORK

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1-37SECTION 105 – CONTROL OF THE WORK

105.01ROLE OF THE ENGINEER

acceptability of materials furnished, the manner of performance of the work, the rate of progress of the work, and compliance with the requirements of the Contract. The Engineer will decide all questions concerning interpretation of the Contract.

will determine the amount and quantity of the work performed and materials furnished that are to be paid for under the Contract. The Engineer will have the authority to enforce and make effective decisions and orders the Contractor fails to carry out promptly. In case of any dispute arising between the Contractor and the Engineer as to materials furnished or the manner of performing the work, the Engineer has the autho rity to reject the materials or to suspend the work until the dispute is decided by the Chief Engineer. The Engineer is not authorized to revoke, alter, enlarge, relax, or release any requirements of the Contract. The Engineer has the authority to suspend the work or withhold payment of all estimates due to the Contractor when necessary to secure proper compliance with the Contract.

the Engineer, the Engineer may, upon written notice, proceed to perform the work as deemed necessary. The cost of performing the work will be deducted from any monies due or which may become due the Contractor under the Contract.

binding the Agency in any way or releasing the Contractor from any obligations under the Contract.

105.02AUTHORITY AND DUTIES OF THE ENGINEER . As the direct representative of the Chief

Engineer, the Engineer on a project has immediate charge of the engineering details of the project and is responsible for the administration and satisfactory completion of the projects. The Engineer has the authority to reject defective material, to suspend any work that is being improperly performed, and to withhold payment until defective work has been corrected. The Engineer also has the authority to suspend work, or specific aspects of the work, if necessary to address a concern for safety of the workers or traveling public, or a serious environmental concern or violation. Notwithstanding any other provision of law, case law, regulation, or the Contract, no additional compensation shall be provided for any work suspensions of this sort.

105 1-38 105.03 AUTHORITY AND DUTIES OF INSPECTORS . Inspectors employed by the Agency are authorized to inspect all work done and materials furnished and to perform other duties as directed by the Engineer. Inspections can extend to all or any part of the work and to the preparation, fabrication, or manufacture of the materials u sed. An inspector is not authorized to alter or waive the provisions of the Contract, to issue instructions contrary to the Contract, or to act for the Contractor.

105.04CHIEF ENGINEER TO BE REFEREE

of the Contract. If the Contractor is aggrieved by the decision of the Chief Engineer, the Contractor may appeal the decision in writing to the Transportation Board via the Chief Engineer. Included with the notice of appeal shall be a complete outline of the nature and extent of the question or questions appealed together with any supporting documentation.

or the Contrac t, all appeals shall be made within 30 calendar days of the decision to which the Contractor is aggrieved, and not thereafter. 105.0 5 COMPONENTS OF THE CONTRACT . A complete description of the work requires both the Contract, which is furnished to the Contractor by the Agency, and the working drawings, which are submitted to the Agency by the Contractor or the Contractor’s suppliers. The Agency will make available the Contract in a digital format and t he Contractor shall keep the Contract available on t he project at all times.

105.06PLANS AND WORKING DRAWINGS

information to document the Contractor’s proposed actions to conform with Contract requirements. Drawings and procedures shall be submitted sufficiently in advance of the anticipated work to allow for reviews, comments, corrections, and if necessary, resubmittal. In the event that any condition requires a change to any previously approved or conforming working drawings, the Contractor is required to submit updated drawings prior to performing the work . Design calculations shall be included with the submittal of the working drawings for structural elements that have not been designed and detailed in the Contract, including temporary and permanent work. When a Contract item requires additional calculations to be submitted, the calculations shall be included with the submittal of the working drawings. Manufacturer’s engineering data for pref abricated materials, including that for falsework and forms, shall be submitted with each set of working drawings.

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1-39All submittals shall be transmitted electronically to the Agency unless prior approval has been

granted by the Engineer. Submittals shall be flattened prior to transmitting so that information added to the submittal becomes an integral part of the document rather than separate information on top of the document. The do cument shall have a clean appearance so that any comments or stamps placed as part of the submission cannot be mistaken as review comments. Resubmittals shall be free from previous review comments and have a clean appearance so that any comments or stamps placed cannot be mistaken as a review comment. All resubmittals shall include a separate summary of review comments and responses, including an explanation of how each review comment was addressed in the resubmittal. Drawing and detail sheets shall be pro vided as an ISO standard Portable Document Format (PDF) file. The PDF document properties shall be set up with an appropriate page size and engineering or architectural scale. The page size and scale shall be of sufficient size to permit to -scale plotting of the document(s) on paper for review, use in construction , and shall include the following:

detailed in the Plans shall be submitted to the Agency for approval. Fabrication drawings are a type of working drawing that are submitted for approval. Working drawings submitted to detail work that has not been designed in the Plans shall be designed and detailed by a professional engineer and submitted to the Agency to be reviewed for conformance with the Contract. These working drawings shall ensure that the Contractor or Contractor’s suppliers have correctly interpreted the intent of the Contract. Construction drawings and design drawings are types of working drawings that are submitted to be reviewed for conformance.

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1-40Exceptions to this guidance will be detailed by the specification for the individual pay item

No work shall begin on any item associated with a working drawing until all of the associated drawings have been approved, approved as noted, marked as conforming, or conforming with comments by the Agency. The Contractor or fabricator shall assume all risk for materials ordered or work performed prior to written notification by the Agency.

Contractor or fabricator of compliance with all specifications and code requirements. The Agency assumes no responsibility for errors and/or omissions in the drawings and procedures. Drawings and procedures identified as being approved as noted indicate that specific clarification or conditional changes have been identified and take precedence over submitted information. Withholding of approval by the reviewer for selected details or procedures shall not constitute a basis for delay of performance of a non -related item of work that has approval to proceed. After approval of the drawin gs and/or procedures, no changes shall be made without the written approval of the Agency.

conformance , the Agency will review the submittal for compliance with the requirem ents of the Contract. The Contractor shall submit the required drawings and/or procedures in advance of the proposed work . The Contractor is entirely responsible for the work associated with these submittals. The Agency will not be responsible for errors i n dimensions, incorrect erection procedures, or design requirements. If the drawings and/or procedures have misinterpreted the Plans or specifications, the submittal will be returned as non-conforming. The submittal shall not be marked as conforming or conforming with comments until all of the required information has been received and reviewed. After the drawings have been marked conforming or conforming with comments, no changes shall be made without the written approval of the Agency. The Contractor or fabricator shall assume all risk for materials ordered or work performed prior to the changes being marked as conforming by the Agency.

105 1-41 (c) Categories of Working Drawings .

with materials furnished by a fabricator or supplier. They shall consist of complete details developed from information in the Contract, and field measurements to define dimensions, sizes, procedures, and materials necessary to complete fabrication and installation or erection of the work specified. Once a complete submittal has been received for approval, the reviewer shall be allowed 28 calendar days for the initial review period and a 14 calendar day review period for each subsequent resubmittal unless stated otherwise in the specification requirements. The Contractor is entirely responsible for the work associated with these submittals. The Agency will not be responsible for errors in dimensions, incorrect erection procedures, design requirements, or successful completion of the work .

Agency. Prior to processing the final estimate , the Engineer shall verify that all as- builts have been received by the Agency.

optional details, procedures, and materials, the Contractor shall prepare and submit to be reviewed for conformance detailed drawings , calculations, and procedures of how the Contractor proposes to perform and control the work . Construction drawings , calculations, and procedures shall be stamped and signed by a professional engineer . The professional engineer is responsible for the design, performance of the designed element, and preparation of the construction drawings calculations, and procedures.

Once a complete submittal has been received, the reviewer shall be allowed 21 calendar

days for the initial review period and 14 calendar days for review of a submittal returned

as non-conforming unless stated otherwise in the specification requirements. The

Contractor is entirely responsible for the work associated with these submittals. The

Agency will not be responsible for errors in dimensions, incorrect erection procedures,

design requirements, or successful completion of the work.

project which has not been designed and detailed in the Plans, the Contractor shall prepare

and submit to be reviewed for conformance detailed design calculations, procedures, and

drawings for the item or element of work. Design drawings, calculations, and procedures

shall be stamped and signed by a professional engineer.

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105.07CONFORMITY WITH PLANS AND ALLOWABLE DEVIATIONS

sections, dimensions, and material requirements, including tolerances, shown in the Contract. Any

deviation from the Contract required will be determined by the Engineer and authorized in writing.

finished product in which the materials are used do not conform to the Contract requirements, but

reasonably acceptable work has been produced, the Engineer will determine if the work will be

accepted and remain in place. If accepted, the Engineer will document the basis of acceptance,

which may require a Contract modification and price adjustment.

materials or the finished product in which the materials are used do not conform to the Contract

requirements, and the Engineer determines that the product is unsatisfactory, the Engineer will

direct the work or materials be removed, replaced, or otherwise corrected by the Contractor at the

Contractor’s expense.

105.08COOPERATION BY THE CONTRACTOR. The Contractor shall:

Engineer, including but not limited to all information used to prepare the bid proposal. Failure to

provide such documents may result in the waiver of any right to bring a claim for additional

compensation under Subsection 105.20.

English-speaking superintendent authorized to receive orders and to act for the Contractor. The

Contractor shall make every effort to provide continuity in the position of superintendent.

However, the Agency reserves the right to refuse or terminate the assignment of any superintendent

on the project; this shall not be grounds for a claim under Subsection 105.20.

of the work a competent and reliable English-speaking employee designated as the safety officer.

This person shall be authorized to receive orders and issue binding directions concerning safety to

all persons associated with the project who are employed by the Contractor, subcontractors, or

material suppliers. This individual shall be well versed in all applicable OSHA regulations, shall

be capable of implementing a plan to conform to these regulations, and shall have the authority to

stop operations on the project.

The safety officer shall maintain a complete copy of the safety plan(s) for the Contract, which shall

be available at all times during the prosecution of the work for inspection and/or copying by the

Engineer.

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of the Contractor’s personnel who can be reached in an emergency. The Contractor shall alert

certain personnel to stand by and shall inform the Engineer of all arrangements therefore.

facilities and furnish the information, assistance, and samples required by the Engineer or inspector

to properly inspect and test materials and quality of work; and cooperate in setting and preserving

stakes, benchmarks, and other control points used in laying out the work.

105.09COOPERATION WITH UTILITIES

affected and endeavor to have all necessary adjustments of the public or private utility fixtures,

pipelines, and other appurtenances within or adjacent to the limits of construction made as soon as

practical.

water and gas meter boxes, water and gas valve boxes, light poles, cableways, signals, and all other

utility appurtenances within the limits of the proposed construction which are to be relocated or

adjusted are to be moved by the owners at their expense, unless otherwise provided in the Contract.

the time of bid submission, it has considered all of the permanent and temporary utility facilities

or appurtenances in their present and/or relocated positions as shown on the Plans and evident at

the site. Notwithstanding any other provision of law, case law, regulation, or the Contract, no

additional compensation will be allowed for any delays, inconvenience or damage sustained by

the Contractor due to any interference from utilities, utility companies, utility facilities,

appurtenances, or the operation of moving them.

of location of any utility facilities or appurtenances for convenience in performing the work, the

Contractor shall satisfy the Agency that the proposed relocation does not interfere with its own or

other Contractors’ operations or the requirements of the work and does not cause an obstruction

or a hazard to the traveling public. The Contractor shall be responsible for requesting such

relocation work of a utility and/or other affected parties. Such relocation work shall be done solely

at the Contractor’s expense.

105.10COOPERATION BETWEEN CONTRACTORS

additional work on or near the work covered by the Contract at any time.

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project, each Contractor shall conduct its own work so as not to interfere with or hinder the

progress or completion of the work being performed by other Contractors. Contractors working on

the same project shall cooperate with each other as specified or ordered by the Engineer.

or otherwise, in connection with its own Contract and shall defend, indemnify, protect, and save

harmless the Agency from any and all damages or claims that may arise because of inconvenience,

delay, or loss experienced by the Contractor because of the presence and operations of other

Contractors working within the limits of the same project.

105.11CONSTRUCTION STAKES

will be responsible for setting sufficient points to establish the initial alignment and elevation of

the proposed work. The Contractor shall check the proposed grades; any mistakes or errors

identified shall immediately be brought to the attention of the Engineer, and adjustments will be

made by the Engineer.

the layout for the permanent centerline traffic markings, including passing zones, breaks for town

highways and side roads, and any other items required for the centerline markings. The Contractor

shall be responsible for the layout of all non-centerline markings.

and markings and shall replace any stakes or grades that are destroyed or disturbed. No claim shall

be brought and no additional compensation will be paid on account of any alleged inaccuracies in

the construction layout, including any additional layout that the Engineer may perform that is not

covered in this subsection, unless the Contractor notifies the Engineer of the inaccuracies in writing

at least 24 hours prior to commencement of the work.

replacement of the original set, which may be required for the construction operations, shall be

furnished, set, and properly referenced by qualified personnel employed by the Contractor.

or procedure of the next work contemplated. The Contractor shall inform the Engineer sufficiently

in advance of construction to permit the Engineer to take the necessary measurements for the

computation of quantities and to check the Contractor’s layout. The Contractor shall lay out in a

timely manner and maintain a sufficient number of grade stakes so the Engineer can monitor and

regulate all portions of the Contract work.

be included in the unit price bid for the Contract items involved.

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105.12INSPECTION OF WORK

allowed access to all parts of the work at all times and shall be furnished by the Contractor all

information and assistance necessary to make a complete and detailed inspection. The Contractor

shall furnish such help as the Engineer desires and/or needs to ascertain whether or not the work

is performed in accordance with the requirements and the intent of the Contract.

Contractor shall remove or uncover portions of the finished work as the Engineer may direct. After

the examination, the Contractor shall restore the portion of the work to the standard required by

the Contract. If the work thus exposed or examined proves acceptable, the expenses of uncovering

or removing and replacing the parts removed shall be paid for as extra work as defined in

Subsection 109.06; but if the work exposed or examined is unacceptable, the expenses of

uncovering or removing and replacing the parts removed shall be borne by the Contractor.

done or materials used without supervision or inspection by the Engineer or an inspector.

Supervision/inspection includes project, mill, plant, or shop inspection of any work furnished

under the Contract.

portion of the cost of the work covered by the Contract, its respective representatives shall have

the right to inspect the work. Such inspection shall not make any entity a party to this Contract and

shall not interfere with the rights of either party hereunder.

105.13REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK

unacceptable unless otherwise determined to be acceptable under the provisions of Subsection

quality of work, use of defective materials, damage through carelessness, or any other cause found

to exist prior to the acceptance of the work, shall be removed immediately and replaced in an

acceptable manner.

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provided by the Engineer. Work performed contrary to the instructions of the Engineer, beyond

the lines shown on the Plans, or without authority will be considered unauthorized and no payment

therefore will be made. Work so done may be ordered removed or replaced at the Contractor’s

expense.

with any order of the Engineer communicated under the provisions of this subsection, the Engineer

will have authority to require unacceptable work to be remedied or removed and replaced and to

require unauthorized work to be removed. In either case, the Engineer is authorized to deduct the

costs from any monies due or to become due to the Contractor.

renewals, or repairs which the Contractor has failed or refused to make shall be paid for out of any

monies due or which may become due the Contractor or may be charged against one or more

Contract bonds.

the work described in this subsection.

105.14SUNDAYS, HOLIDAYS, HOURLY RESTRICTIONS, AND NIGHT WORK

Contractor shall not perform construction operations on Sundays.

Contractor shall not work during the following holiday periods:

New Year’s Day January 1 st

Martin Luther King Jr. Day Third Monday in January

Presidents’ Day Third Monday in February

Town Meeting Day First Tuesday in March

Memorial Day Last Monday in May

Independence Day July 4 th

Bennington Battle Day August 16 th

Labor Day First Monday in September

Indigenous Peoples’ Day Second Monday in October

Veterans Day November 11 th

Thanksgiving Day Fourth Thursday in November

Day After Thanksgiving Day After Thanksgiving

Christmas Day December 25 th

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If a holiday falls on a Sunday, the Monday immediately following it shall be considered the

holiday. If a holiday falls on a Saturday, the Friday immediately preceding it shall be considered

the holiday.

Designated holiday periods shall begin at 12:00 noon on the day before the weekend or holiday,

whichever applies, and shall end at 6:00 a.m. on the day after the holiday or the weekend, as

appropriate. The Engineer may require the Contractor to cease construction operations for the

entire day before if a holiday falls on a Tuesday, or for the entire day after if a holiday falls on a

Thursday.

required to work during certain hours or may limit the type of operations that may be performed

during certain hours.

If work is performed between 7:00 p.m. and 6:00 a.m., the Contractor shall take measures to

mitigate the noise caused by its construction operations. Wherever practicable, the Contractor

should sequence work such that noisy activities occur concurrently. Other potential noise reduction

mitigation measures are outlined in the FHWA Highway Construction Noise Handbook. In

addition, the Contract may specify a maximum decibel limit or other required noise restrictions.

The cost for mitigating noise will not be paid for separately but will be considered incidental to all

other Contract items. At a minimum, the Contractor shall use the following noise mitigation

techniques:

adjustable backup alarms where the volume can be adjusted down for the ambient noise

level.

as specified in Section 641.

emergency repairs, and proper protection of the work, including but not limited to the curing of

concrete and the repair and servicing of equipment.

The limitations in this subsection also shall not relieve the Contractor of any responsibility for the

work involved as set forth in Subsection 105.08, Subsection 107.17, or elsewhere in the Contract.

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105.15CONVICT LABOR. No incarcerated convict labor shall be employed on the Contract

105.16LOAD RESTRICTIONS

activities shall comply with all legal load restrictions specified in 23 V.S.A. § 1392 in the hauling

of equipment or material on public roads, including that beyond the limits of the project. The

application for and possession of any hauling or related permit will not relieve the Contractor or

others involved in any project-related activities of any liability that may arise due to any damage

resulting from the use or moving of equipment, vehicles, or any other project-related activity.

following:

permitted on any structure as defined by the Engineer.

equipment loaded so as to cause damage to structures, the roadway, or to any other type of

active construction will not be permitted, regardless of the limits set forth in 23 V.S.A.

bituminous pavement or any structure during active construction will not be permitted.

all damage incurred to any public roadway as defined in 23 V.S.A. due to the use of any

equipment or vehicles related to project activities.

limits shall be within the legal load limit or the load limit imposed by a current overload permit

for the roadways and structures. Should any vehicle not meet these requirements, in addition to

the appropriate penalty under 23 V.S.A. § 1391a, the difference in weight between the legal load

limit and the gross vehicle weight shall be converted to the appropriate measurement quantity for

the item involved and treble this amount shall be deducted from the quantity of the item to be paid

the Contractor. The Contractor shall not deduct this amount from the payment to its trucking

subcontractors or suppliers.

to the Engineer prior to the commencement of hauling. Copies of permits provided after hauling

has begun will not be considered to be in effect for the project prior to the time that the Engineer

receives the copy.

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vehicles carrying or delivering materials to be used on a project. A tare weight shall be the weight

of the unloaded vehicle with full fuel tank and water tank as applicable.

reduction, shall apply to the Contractor’s vehicles as well as all other vehicles used in conjunction

with the construction of this project, including the vehicles of subcontractors and suppliers.

105.17MAINTENANCE OF THE PROJECT DURING CONSTRUCTION

accepted. This maintenance shall constitute continuous and effective performance of the work day-

by-day with adequate equipment and forces so that the project is kept in satisfactory condition at

all times.

be included in the Contract unit prices for the various pay items, and the Contractor will not be

paid an additional amount for such work.

with the provisions of the Contract or for any other reason, the Contractor shall maintain the project

as provided herein and provide such ingress and egress for local residents as necessary during the

period of shutdown.

105.18FAILURE TO MAINTAIN THE PROJECT. Failure on the part of the Contractor to properly

maintain the work will result in the Engineer immediately notifying the Contractor to comply with the

required maintenance provisions. If, after receipt of such notice, the Contractor fails to remedy the

situation to the Engineer’s satisfaction, the Engineer will proceed with adequate forces and equipment to

maintain the project; the cost of this maintenance will be deducted from monies due or which may become

due the Contractor under the Contract.

105.19FINAL INSPECTION AND ACCEPTANCE

satisfactorily completed.

Engineer will review the work and issue a written order if the project has achieved substantial

completion. The written order will document the date on which the project achieved substantial

completion.

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The Engineer will arrange a date for a final inspection of the work. As a result of the final

inspection a final punch list will be developed and provided to the superintendent.

When the punch list is completed and all work provided for and contemplated by the Contract is

found to be completed, the Contractor will be informed in writing that the project is complete and

accepted.

105.20CLAIMS FOR ADJUSTMENT

result in costs and/or delays that were not anticipated by the Contractor at the time of bid, the

Contractor shall provide the Engineer with notice of that fact immediately or as soon as reasonably

possible. It is critical that the Agency be aware of potential Claims at the earliest opportunity so

that it can carefully monitor the potential additional costs and potentially assist the Contractor in

taking steps to mitigate those additional costs. Thus, the Contractor shall promptly file a Notice of

Intent to File a Claim.

If the Contractor later decides to file a Claim for additional compensation under the Contract, that

Claim must provide certain key pieces of information to the Construction Engineer so that the

claim can be evaluated expeditiously. If necessary, the Construction Engineer will contact the

Contractor for additional information about the Claim and may request a meeting with the

Contractor. The Construction Engineer typically does not invite legal counsel to such meetings

unless the Contractor chooses to have its own legal representation at the meeting.

and conditions not clearly covered under the Contract, the Contractor shall provide written notice

(“Notice of Intent to File a Claim for Additional Compensation” or the “Notice”) to the Engineer

before incurring any costs or conducting any work that could in any way be included in any such

Claim for additional compensation under the Contract (the “Claim”). The Engineer’s written

acknowledgement of receipt of the Notice and the Contractor’s daily reporting under this

subsection, shall not be construed as an approval by the Agency of the merits of the Claim.

large print at the top of the document. The Notice shall specify the basis for the Claim, including

the nature of the Claim, the reason why the Contractor believes that the Agency is responsible for

payment of the Claim, and a description of the additional compensation, including reference to

each activity associated with the work and/or materials, including reference to any impacts to the

Contractor’s progress schedule, as defined in Subsection 108.03(a), or CPM schedule, as defined

in Section 633. If the Contractor fails to provide the Notice as specified herein, the Contractor

waives its right to bring the Claim under the Contract and the Agency may deny the Claim on this

basis alone.

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project superintendent shall commence daily records for all labor hours, equipment hours (idle and

operating), and materials involved with the work or materials at issue in the Notice and submit

such records to the Engineer on a daily basis. (“Daily Records”). Such records shall separate the

work and/or materials subject to the Claim from the undisputed work, and include a written

analysis of how the work and/or materials at issue in the Notice impact(s) the critical path. If the

Contractor fails to provide such records to the Engineer as required herein, the Contractor waives

its right to bring the Claim, and the Agency may deny the Claim on this basis alone.

the following documentation in support of the claim (“Claim Documentation”). This

documentation shall be structured, formatted, and labeled as noted.

became aware of the actions or conditions giving rise to the Claim, all necessary dates,

locations, and work and material items at issue in the Claim, including copies of the Daily

Records. Pages shall be labeled page 1-1 through page 1-X.

through page 2-X.

Contractor believes have knowledge or information concerning the facts giving rise to the

Claim. Pages shall be labeled page 3-1 through page 3-X.

subcontractors, whom the Contractor believes have knowledge or information concerning

the facts giving rise to the Claim. Pages shall be labeled page 4-1 through page 4-X.

the Claim, and a description of why the Contractor believes those provisions support the

Claim. Pages shall be labeled page 5-1 through page 5-X.

support the Claim, and copies of the same. Pages shall be labeled page 6-1 through page

6-X.

are being requested in the Claim. Pages shall be labeled page 7-1 through page 7-X.

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number of days being requested, supported with reference to how the facts underlying the

Claim affected the Contractor’s performance schedule, including how such facts affected

the critical path. Reference shall be made to the Contractor’s baseline CPM schedule and

any updates or revisions thereto, and a schedule analysis providing evidence of delays to

the critical path shall be provided. If no time extension is being requested in the Claim, a

statement to that effect shall be provided. Pages shall be labeled page 8-1 through page 8-

X.

of any and all costs being sought in the Claim, listed by category of work, including, but

not limited to, work items, labor and materials costs, and costs relating to delays associated

with performing the work. Such documentation shall include invoices for rented

equipment, the EquipmentWatch Rental Rate Blue Book analysis for owned equipment,

and subcontractor agreements. If no additional compensation is being requested in the

Claim, a statement to that effect shall be provided. Pages shall be labeled page 9-1 through

page 9-X.

following Claims Certification.

Under penalty of law for perjury or falsification, the undersigned, [insert

individual’s name, job title, and company name], certifies that this claim

for additional compensation for work on the Contract is a true and accurate

statement of the actual costs incurred (in the amount of [insert amount],

exclusive of interest) and is fully documented and supported under the

Contract between the parties.

The Claims Certification shall be signed, dated, and notarized and executed by a senior

officer of the Contractor with legal authority to bind the Contractor, or if the Contractor is

a sole proprietor, by the proprietor. The Claims Certification may be used in any

proceedings regarding false Claims under 31 U.S.C. § 3729 or 32 V.S.A. § 631. This page

shall be labeled page 10-1.

Claim will be made by the Construction Engineer.

Claim Documentation provided by the Contractor meets the requirements of Subsection

(e). If the Claim Documentation is not complete, structured, formatted, and labeled

as required, it will be deemed incomplete and the Contractor will be required to resubmit

it in its entirety.

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The Construction Engineer will endeavor to make the Completeness Determination within

30 calendar days of receipt of the Claim. Where this 30 calendar day period is unfeasible,

the Construction Engineer will inform the Contractor as to the status of the Completeness

Determination, if necessary, on a quarterly basis. The review and analysis of the merits of

the Claim may be postponed pending the Completeness Determination. The Construction

Engineer will inform the Contractor, in writing, that the Completeness Determination has

been issued.

Determination, the Construction Engineer will begin a principled, merits-based analysis of

the Claim (“Initial Claim Judgment” or “ICJ”). The Construction Engineer may seek

additional documentation from the Contractor, including but not limited to a full set of the

Contractor’s original bid preparation package.

subcontractors and conduct other interviews or seek additional documents from

other entities, including the Agency. The Construction Engineer may also hold an

informal hearing with the Contractor to ask any follow-up and clarifying questions,

and to give the Contractor a full and fair opportunity to present the merits of the

Claim. The Construction Engineer will endeavor to keep the Contractor informed

as to the status of the Claim, if necessary, on a quarterly basis.

ICJ, allowing or denying the Claim, in whole or in part, within 180 calendar days

of the Completeness Determination. The ICJ shall include findings of fact and

conclusions of law with respect to the specific contractual provisions governing the

Claim.

the Chief Engineer. Notwithstanding any other provision of law, case law, regulation, or the

Contract, all appeals shall be made within 30 calendar days of the decision to which the Contractor

is aggrieved, and not thereafter.

documents or interviews will be necessary to decide the appeal. The Chief Engineer may

interview or re-interview employees of the Contractor and subcontractors and conduct

other interviews or seek additional documents from other entities, including the Agency.

The Chief Engineer may also hold an informal hearing with the Contractor to ask any

follow-up and clarifying questions, and to give the Contractor a full and fair opportunity to

present the merits of the Claim. The Chief Engineer will endeavor to keep the Contractor

informed as to the status of the Claim, if necessary, on a quarterly basis.

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the Agency’s final determination on the merits of the Claim (“Final Claim Judgment” or

“FCJ”), as required under paragraph eight of Form CA-111B, “Dispute Resolution,

Exclusivity of Administrative Remedies,” within 180 calendar days of the date of the

appeal.

The FCJ may affirm the ICJ in whole or in part, or may allow or deny the Claim, in whole

or in part, on other grounds. The FCJ shall include findings of fact and conclusions of law

with respect to the specific contractual provisions governing the Claim.

review of the FCJ before the Transportation Board pursuant to Subsection 105.04. The

Transportation Board shall defer to the factual findings of the FCJ and review the legal

conclusions of the FCJ de novo.

the Contract, all Claims by the Contractor shall be submitted in writing within 90 calendar days

after the acceptance date of the Contract or within 90 calendar days of the Notice of Intent to File

a Claim, whichever occurs first, and not thereafter (the “Claim Filing Period”). Such Claims shall

meet the requirements set forth above, including, but not limited to, complete documentation

supporting the Claim. Any additional time granted by the Construction Engineer because the Claim

was incomplete or for the time to produce supplemental information shall not be the subject of any

demand for interest payments or for attorneys’ fees and/or other costs.

If the Contractor fails to file the Claim within the Claim Filing Period, the Contractor waives its

right to bring the Claim. If the disputed work continues to be performed beyond the Claim Filing

Period, the Contractor shall submit a written request to extend the Claim Filing Period prior to the

expiration of the Claim Filing Period. The Contractor shall submit such requests for extension of

the Claims Filing Period every 90 calendar days until the disputed work is completed. Once the

disputed work is complete, the Contractor must submit the complete Claim within the latest

approved Claim Filing Period, or 90 calendar days from the date the disputed work was completed,

whichever is first, and not thereafter.

105.21PAYROLLS

Contract. This requirement shall also apply to the work of any subcontractor having a subcontract

for any part of the work performed on the job. Any costs associated with this work will not be paid

for directly but will be considered incidental to the Contract pay items.

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authorized representative to examine the Contractor’s orders for construction workers on file with

the local employment office of the Vermont Department of Labor.

$250,000, the Contractor shall implement a payroll process by which during every pay period the

Contractor shall submit a list all workers who were on the jobsite during the pay period, including

those employed by subcontractors and independent contractors, the work performed by those

workers on the jobsite, and a daily census of the jobsite.

This information, including confirmation that Contractors, subcontractors, and independent

contractors have the appropriate workers’ compensation coverage for all workers at the jobsite,

and similar information for the subcontractors regarding their subcontractors, shall also be

provided to the Vermont Department of Labor and to the Vermont Department of Financial

Regulation, upon request, and shall be available to the public.

105.22ENVIRONMENTAL REGULATION. The Contractor shall perform all project related operations

so as to give protection to the natural and cultural resources of the state.

The Contractor shall conduct the work in conformance with all regulations and permit conditions

applicable to the Contract. If the Contractor proposes to perform the work differently than the manner

provided in the Contract, the Contractor shall obtain approval from the appropriate regulating entities prior

to performing the work. The costs associated with obtaining and complying with permits required to

perform the work will not be paid for directly, but will be considered incidental to the Contract.

105.23EROSION PREVENTION AND SEDIMENT CONTROL

the Contractor shall submit a plan in writing for the prevention of erosion and control of

sedimentation and pollution on the project and on associated access roads, material waste and

borrow areas, and staging areas. The plan shall be submitted no later than the preconstruction

conference and a Notice to Proceed will not be issued until the plan has been found to be in

conformance.

measures shall be installed and maintained in conformance with the Contract. Unless otherwise

specified in the Contract, this work shall be performed as described in this section, Section 653,

and The Low Risk Site Handbook for Erosion Prevention and Sediment Control published by the

Vermont Agency of Natural Resources.

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earth material exposed by construction activities and to direct the Contractor to provide immediate

permanent or temporary erosion prevention and sediment control measures to minimize adverse

effects on resources. This may include restricting the area of clearing and grubbing, excavation,

borrow, and embankment operations such that these activities are commensurate with the

Contractor’s capability to install erosion prevention and sediment control measures in accordance

with the erosion prevention and sediment control plan.

incorporate all temporary and permanent erosion prevention and sediment control measures into

the project at the earliest reasonable time. Temporary erosion prevention and sediment control

measures shall be used to prevent erosion and to correct conditions that develop during

construction prior to installation of permanent measures. As the earthwork proceeds, slopes shall

be graded to finish grade whenever practical, and all disturbed areas shall be stabilized by seeding

and mulching or other acceptable methods within 48 hours of disturbance.

resulting exposed surfaces are stabilized with temporary or permanent measures within 48 hours.

state, or local agencies, the more restrictive provisions shall apply as determined by the Engineer.

be stabilized. If permanent stabilization is not possible, exposed areas shall be shaped and then

covered with mulch or matting to intercept and divert runoff to locations where the least amount

of erosion will result. During a suspension of construction operations, the Contractor shall act

immediately to correct any deficiencies that develop with the erosion prevention and sediment

control measures and/or stabilized areas.

erosion prevention and sediment control measures shall be acceptably maintained until both the

permanent drainage facilities have been constructed and vegetation has been established

throughout the project.

105.24POLLUTION CONTROL

land and water of the state and shall comply with applicable statutes and regulations relating to the

prevention and remediation of pollution.

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cutting, welding, or grinding operations, the Contractor shall include a description of any proposed

containment measures as part of their erosion prevention and sediment control plan, submitted in

accordance with Subsection 105.23(a). When the bridge activities listed above are in progress

where lead paint is known or suspected, the Contractor shall use containment devices to retain all

generated materials. The Contractor shall also consult with the Vermont Department of Health to

determine if a lead abatement permit is required. When required, the Contractor shall coordinate

with the Agency’s Hazardous Materials and Waste Coordinator to administer the permit request.

transportation regulations when cleaning, handling, moving, repainting, cutting, welding, sanding,

or grinding any coated or treated materials.

pollution associated with construction operations. The methods employed shall be acceptable to

the Engineer and compatible with the location of the work. The burning of tires or other

manufactured products is prohibited.

In accordance with 23 V.S.A. § 1110, equipment shall not be permitted to idle for more than 5

minutes in a 60 minute period.

chemical or petroleum odors or presence of non-native materials including, but not limited

to, solid waste, asphalt, or ash) be discovered during construction, the Contractor shall

immediately notify the Engineer. The Agency will work with the Contractor to notify

regulators as necessary and to develop a plan to manage the materials, waste, or both.

that any generated contaminated material or hazardous waste was characterized as

necessary and disposed of in conformance with all applicable regulations.

appropriate federal or state regulating authority, mechanized equipment shall not be operated in the

waters of the state.

bitumen, raw sewage, sediment, or other waste, shall not be discharged into or alongside wetlands,

waters of the state, or natural or constructed channels leading thereto. Any construction activity in

or adjacent to regulated waters shall comply with the Vermont Water Quality Standards.

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105.25OPENING OFF-SITE ACTIVITY AREAS

accordance with all Contract permits and that the following requirements are met:

aesthetically or as it relates to drainage.

capability plan, whether site specific, local, or regional.

residences, and other facilities.

201.06. The Contractor shall remove, stockpile, and preserve topsoil, sod, and other

suitable material from the surface of the area prior to proceeding with other operations.

indicated in the conforming erosion prevention and sediment control plan, in place prior to

use of the area. At a minimum, the requirements of The Low Risk Site Handbook for

Erosion Prevention and Sediment Control published by the Vermont Agency of Natural

Resources shall be used as best management practices for OSA areas.

review of potential natural and cultural resource impacts. A list of these exemptions is part

of the Off-Site Activity Exemption Record form that is available on the Agency’s website.

To use an exempt OSA area, the Contractor shall complete this form and then submit it to

the Engineer.

Activity Submittal form that is available on the Agency’s website. The completed form

shall be submitted to the Environmental Section to review potential natural and cultural

resource impacts. A copy of this form shall also be submitted to the Engineer. Within 21

calendar days, the Environmental Section will provide an OSA review form indicating

conformance or non-conformance of the site, along with any specific conditions.

necessary federal, state, and local permits and clearances prior to using an area for an Agency

project. Any fees related to applications for such permits shall be the responsibility of the

Contractor.

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105.26MAINTAINING OFF-SITE ACTIVITY AREAS

The Contractor shall keep in a condition acceptable to the Engineer the portions of an area where

a pit or pits have been opened and shall maintain all access roads with sufficient dust control and

proper drainage to prevent damage to adjacent properties. Area operations shall be restricted to

normal working hours except with the express written approval of the Engineer and shall be in

accordance with all permit conditions. All OSA areas shall comply with the environmental

regulations described in Subsection 105.22 and the pollution control described in Subsection

prevention and sediment control measures at OSA areas shall be consistent with the conforming

erosion prevention and sediment control plan for the specific area. The on-site plan coordinator

Contractor shall grade to no steeper than 1:3 (V:H) and seed and mulch disturbed fill areas prior

to shutting down for the season.

105.27CLOSING OFF-SITE ACTIVITY AREAS. With the exception of those areas which will remain

open for commercial use, the Contractor shall complete the following prior to the completion and

acceptance of the project:

condition, properly and thoroughly graded and drained.

disposed of.

be left steeper than 1:2 (V:H) for fill made up of stone or concrete. The tops of slopes and toes of

slopes shall be neatly rounded.

spread over the surface of the area. The complete area shall be seeded and mulched in accordance

with Section 651.

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105.28PAYMENT FOR EROSION PREVENTION AND SEDIMENT CONTROL

maintenance and, where necessary, removal for those erosion prevention and sediment control

measures required by the Plans and/or the Engineer that are not items in the Contract will not be

paid for directly, but will be considered incidental to all other Contract items.

Environmental protection work in connection with erosion prevention and sediment control for the

opening, maintaining, and closing of OSA areas and pollution control measures will not be paid

for directly, but will be considered incidental to all other Contract items.

Costs for damage to OSA areas, to the owners thereof, or to adjacent property owners shall be the

responsibility of the Contractor.

prevention and sediment control work not attributable to the Contractor’s negligence, carelessness,

or failure to install permanent controls will be performed and paid for as specified in Subsection

(a), or as ordered by the Engineer

Temporary erosion prevention and sediment control measures required due to the Contractor’s

negligence, carelessness, or failure to install permanent controls as a part of the scheduled work or

as ordered by the Engineer shall be performed by the Contractor at the Contractor’s expense.

control erosion, pollution, or siltation, the Engineer may employ outside assistance or use state

forces to provide the necessary corrective measures. Such incurred direct costs, plus project

engineering costs, will be charged to the Contract and appropriate deductions made from any

money or monies due or to become due the Contractor.

105.29VALUE ENGINEERING

initiate, develop, and present to the Engineer for consideration cost reduction proposals involving

changes in the drawings, designs, specifications, or other requirements of the Contract. These

provisions do not apply unless the proposal submitted is specifically identified by the Contractor

as being presented for consideration as a VE proposal.

The change in cost proposals contemplated are those that would require a change order modifying

the Contract and would produce an overall savings to the public by providing items or methods

other than those specified in the Contract and/or reduce future maintenance costs without impairing

or compromising essential functions and characteristics such as service life, safety, durability,

reliability, economy of operation, ease of maintenance, and necessary standardized features.

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A VE proposal shall contain proven features that have been used under similar conditions, and is

presented as such, and does not contain equivalent options already provided in the Contract.

The Agency will not be responsible for schedule delays that occur as a result of the Contractor’s

desire to pursue a VE proposal.

in three steps:

the amount of payment due to the Contractor and credit due to the Agency.

Contractor shall submit a written Conceptual Value Engineering Proposal (CVEP) to the

Engineer for consideration. The CVEP is not a formal and complete submittal based upon

detailed technical analysis, but instead relays a conceptual idea based upon the Contractor’s

knowledge and expertise. The CVEP shall include the following information based upon

the Contractor’s best knowledge and understanding:

includes the basic differences between the existing Contract and the proposed

change.

advantages and disadvantages of the CVEP including effects on the service life,

safety, durability, reliability, economy of operation, ease of maintenance, and any

other factors significantly altered by the CVEP.

necessary to address existing permits, new permits, or third-party agreements that

may be impacted or required in order to initiate the proposed change(s). In addition,

the Contractor shall describe its expectation of securing or modifying these

documents, who is responsible for securing them, and required timeframe(s).

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another Agency project, the date, the project name and number, and the action taken

by the Agency shall be indicated.

concept(s) included in the CVEP that is known to the Contractor, including the

tester, the conditions, and the results.

(c). This amount shall not include the cost to prepare and submit the CVEP

develop and submit a Detailed Value Engineering Proposal (DVEP). This estimate

shall include a detailed estimate of both the engineering costs the Contractor will

incur in preparing the DVEP (the “Internal DVEP Costs”) and the cost the

Contractor will incur to obtain specialty engineering services that the Contractor

cannot perform and which are necessary to prepare the DVEP (the “External DVEP

Costs”) (collectively, the “DVEP Costs”). If the Contractor establishes, to the

satisfaction of the Construction Engineer, that it does not have the financial

resources to incur the DVEP Costs, the Agency may, in its sole discretion, decide

to advance the Contactor up to 50% of the DVEP Costs. In no event will the Agency

pay more than 50% of the DVEP Costs, nor will the DVEP Costs exceed 50% of

the Net Savings amount, as defined in Subsection 105.29(c)(3).

to submit a DVEP and the time-sensitivity of the savings identified. Such estimate

shall specify the date by which the Agency must approve the DVEP to obtain the

maximum cost reduction, and the latest date by which the Agency must approve

the DVEP for the Contractor to avoid significant impacts on the estimated Net

Savings or the Contractor’s schedule of work. If the Agency determines that the

time for response is insufficient for review, the Contractor will be promptly

notified. The Contractor shall identify the date by which if the DVEP is not

approved the VE will be withdrawn and the original work can commence without

delay to the project.

construction drawings in accordance with Subsection 105.06, showing the

proposed revisions relative to the original Contract features and requirements. VE

proposals that require engineering design, computations, or analysis shall be

prepared under the responsible charge of, and sealed and signed by, a professional

engineer. The plan, specification, and engineering changes should be progressed

far enough along to clearly show the design intent and be able to provide a quality

cost estimate.

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shall be available to attend a meeting scheduled by the Agency for the purpose of

presenting and answering questions regarding the CVEP. The purpose of the

meeting is to discuss possible risks, design implications, and schedule impacts

associated with the VE proposal. If applicable, the Contractor shall be accompanied

by their engineer responsible for the plan and specification revisions associated

with the VE proposal.

and respond to the Contractor within 14 calendar days of receipt. The Agency may,

at its sole discretion:

(b)(2)k.1., the Contractor may submit a Detailed Value Engineering Proposal

(DVEP). DVEPs will be processed in the same manner as prescribed for any other

alterations of the Contract that require a change order and shall contain, as a minimum, the

following information:

and what is being proposed to improve upon the originally designed feature.

specifications, pay items, and unit prices) that must be changed and a

recommendation of how to make each change, including a description of the

advantages and disadvantages and where these items have been successfully used

on other projects before or tested elsewhere.

to be generated as defined in Subsection 105.29(c)(3), actual DVEP development

costs, and estimated savings and schedule impacts, including approval date(s)

required. If the Agency determines that the time for response is insufficient for

review, the Contractor will be promptly notified.

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have on other costs to the Agency, including environmental effects, traffic impacts,

and preventive action or treatment costs.

construction drawings in accordance with Subsection 105.06, showing the

proposed revisions relative to the original Contract features and requirements. All

DVEPs that require engineering design, computations, or analysis shall be prepared

under the responsible charge of and signed and sealed by a professional engineer.

time for the completion of the Contract. An extension to the original Contract

completion date will generally not be approved.

to properly evaluate the DVEP. Where design changes are proposed, such

additional information may include results of field investigations and surveys,

design computations, specifications, and any field changes already incorporated

into the project. The Contractor shall promptly provide any such requested

information.

the Contractor’s cost analysis.

the local governing body must also provide approval. The Contractor shall present

their proposal to the local governing body and allow sufficient time to present the

proposal and receive comments.

and provide the Contractor with a written response within 30 calendar days of receipt of

all of the information it has determined was necessary to properly evaluate the DVEP. Such

a response will include a brief description of the Agency’s reason(s) for its decision. The

Agency, at its sole discretion, will either accept the DVEP, accept it with contingencies, or

reject it.

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proposal submitted. The Contractor may withdraw in whole or in part any VE proposal not

accepted within the period specified in the proposal. The decision of the Agency as to the

acceptance or rejection of VE proposals will be final and will not be subject to the

provisions of Subsection 105.04 or Subsection 105.20.

the Contractor, will prompt the Agency to reject the DVEP before the execution of a change

order. Contingencies may include, but are not limited to, the necessary approvals of

permits, amendments, execution or amendments to third-party agreements, specific

deadlines for completion of submittals, or execution of permits, agreements, and/or

amendments thereof.

The Agency, in its sole discretion, will determine whether to reimburse the Contractor for

DVEP Costs, and if so, what percentage of those costs. In no event will the Agency pay

more than 50% of the DVEP Costs. These costs will not include the cost to prepare the

CVEP.

the Contractor wants to proceed, the necessary Contract modifications will be effected by

execution of a change order which will provide for equitable price adjustments giving the

Contractor and the Agency equal shares in the net savings. Unless and until a proposal is effected

by such Contract modification, the Contractor shall remain obligated to perform in accordance

with the terms of the existing Contract.

In addition to the requirements of Subsection 109.04 and Subsection 109.05, the DVEP will set

forth the credit due the Agency calculated as the difference between the cost of performing the

work, as originally specified, and the amount payable to the Contractor for the revised work. The

payment for this Contract modification will only include the following amounts:

prices.

provided in Subsection 105.29(b)(2)g., if any.

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Agency, calculated as follows:

𝑁𝑆 = 𝐸𝐺𝑆 + 𝐶𝑆𝑃 − 𝐶𝑈𝐷𝐶 − 𝐴𝑉𝐸𝐶

where:

NS = Net Savings generated by the DVEP.

EGS = Estimated Gross Savings is an agreed upon difference between the cost of

performing the work as originally specified in the Contract and the cost of performing the

work as revised by the DVEP.

CSP = Cost Savings to the Public are those funds not expended by the public, including

but not limited to reduced maintenance costs and reduced road user costs. CSP shall not

include any cost savings attributable to a time period exceeding 10 years from the Contract

completion date.

CUDC = Contractor’s Unreimbursed Development Costs related to the preparation of the

DVEP, including costs of the Contractor’s design subconsultants and subcontractors, but

excluding all such costs already paid by the Agency under Subsection 105.29(b)(2)g.

AVEC = Agency’s VE Costs related to review, approval, and implementation of the DVEP

including design costs, field inspection, and the value of any Agency-provided property.

The change order effecting the necessary Contract modifications shall establish the Net Savings

agreed upon and shall provide for such adjustment in the Contract price as will divide the Net

Savings equally between the Contractor and the Agency. All reasonably incurred costs of

developing the cost reduction proposal and implementing the changes, including any increased

costs to the Agency resulting from its application, will be deducted from the total estimated

decrease in the Contractor’s costs of performance to arrive at the Net Savings.

DVEP, the Agency, on its own initiative or upon request by the Contractor, may review the actual

Net Savings realized by the DVEP. The Contractor will be afforded an opportunity to review and

comment on such a review.

If the actual Net Savings were greater than set forth in the change order, the increased savings will

be shared equally between the Agency and the Contractor. If the Net Savings were less than set

forth in the change order, the reduction in savings will be borne equally by the Agency and the

Contractor by a reduction of amounts otherwise due to the Contractor.

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unrestricted right to use any approved DVEP, or any DVEP in which the Agency has

reimbursed the Contractor for any portion of the development costs, on other Agency

projects without notice, cost, or liability to the Contractor.

and submit all proposals initiated by the Contractor’s subcontractors.

otherwise before approval of a DVEP. The Contractor is responsible for all delays caused

by the VE proposal that were not negotiated in the change order.

accordance with the Contract.

the Agency for additional compensation or time resulting from the delayed review or

rejection of a DVEP, including but not limited to development costs, loss of anticipated

profits, and increased material or labor costs.

on its use or on disclosure of the information submitted shall be void, and the Agency shall

thereafter have the right to use, duplicate, and disclose in whole or in part any data

necessary to the use of the proposal on this project or other projects.

corresponding adjustment in the Contract completion time. No incentive pay will be

provided for early completion days resulting from time savings of any approved VE

proposals.

proposal decisions by the Agency are final and are not subject to the dispute resolution

provisions provided in this Contract or otherwise available in law.

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order. If the Contractor elects to withdraw the DVEP in accordance with this provision, the

Contractor waives its right under Subsection 105.29(b)(2)g. for reimbursement of DVEP

costs, including any costs advanced to the Contractor. If such costs have been advanced,

the Contractor shall reimburse the Agency for those costs within 30 calendar days of

withdrawing its DVEP.

Agency for any design errors and/or omissions associated with the DVEP implementation.

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1-69SECTION 106 – CONTROL OF MATERIAL

106.01SOURCE OF SUPPLY AND QUALITY REQUIREMENTS . The material used in the work shall

meet the requirements of the Agency’s Quality Assurance Program . The Agency ’s Quality Assurance Program , including the Materials Sampling Manual , has been developed to clearly articulate the processes for acceptance of materials in construction and maintenance. In order to expedite the inspection and testing of materials, the Contractor shall notify the Engineer of the proposed approved sources of materials at least 96 hours prior to delivery. Sources not previously approved by the Agency will require a minimum of four weeks’ advanced notification to complete the necessary inspection and testing of materials. At the option of the Engineer, materials may be approved at the source of supply before delivery is started. If it is found during acceptance that supplied materials from previously approved sources do not meet specifications, the Contractor shall take action to supply materials that meet specif ications.

106.02LOCAL MATERIAL SOURCES . The Contractor shall determine potential sources of material

and the amount of equipment and work required to produce material meeting the specifications. The Agency’s Geologist maintains a list of material sources that have previously produced materials meeting specifications. The ability to purchase from the owner(s) of the source(s) and the quality of the material are not guaranteed by the Agency. The Contractor acknowledges that it is not possible to ascertain from samples the limits of a deposit and th at variations in quality in a material source are normal and to be expected. Exploration for new material sources will be the responsibility of the Contractor. The Engineer may order procurement of material from any portion of a material source and may rej ect portions of the material sources as unacceptable. It shall be the responsibility of the Contractor to acquire the right to take materials from any source together with the right to use such property as required for whatever purpose, including plant sites, stockpiles, and haul roads. The Contractor shall pay all costs related thereto together with any costs resulting from exploring and developing these sources.

106.03SAMPLES AND TESTS . All materials will be inspected, sampled, tested , or accepted by the

Engineer as incorporated into the work . Under any applicable quality acceptance (QA) specifications, the Contractor shall perform all process quality control testing with the Engineer performing all quality acceptance testing. Any work in which untested and/or unaccepted materials are used without the approval or written permission of the Engineer shall be performed at the Contractor’s risk. Any work determined to be unacceptable and unauthorized will not be paid for. When modified AASH TO or ASTM test methods or Agency test methods are designated, the test method will be available from the Agency’s Materials Testing and Certification Section. Tests for compliance with specification requirements will be made by and at the expense of the A gency.