M 41-10 Page 1-41 Control of Work 1-051-05 Control of Work
1-05.1 Authority of the Engineer
The Engineer shall be satisfied that all the Work is being done in accordance with the requirements of the Contract. The Contract and Specifications give the Engineer authority over the Work. Whenever it is so provided in this Contract, the decision of the Engineer shall be final: provided, however, that if a written protest is brought within the time allowed in the Contract, challenging the Engineer’s Written Determination or decision, the protest addressing that Written Determination or decision shall be addressed in accordance with the procedures set forth in Section 1-04.5 . The Engineer’s decisions will be final on all questions including the following:
1.Quality and acceptability of materials and Work,
2.Measurement of unit price Work,
3.Acceptability of rates of progress on the Work,
4.Interpretation of Plans and Specifications,
5.Determination as to the existence of changed or differing site conditions,
6.Fulfillment of the Contract by the Contractor,
7.Payments under the Contract including equitable adjustment,
8.Suspension(s) of Work,
9.Termination of the Contract for default or public convenience,
10.Determination as to unworkable days, and
11.Approval of Working Drawings. The Engineer represents the Contracting Agency with full authority to enforce Contract requirements. If the Contractor fails to respond promptly to the requirements of the Contract or orders from the Engineer:
1.The Engineer may use Contracting Agency resources, other contractors, or other means to accomplish the Work; and
2.The Contracting Agency will not be obligated to pay the Contractor and will deduct from the Contractor’s payments all costs that result from any other means used to carry out the Contract requirements or Engineer’s orders. At the Contractor’s risk, the Engineer may suspend all or part of the Work according to Section 1-08.6 . Nothing in these Specifications or in the Contract requires the Engineer to provide the Contractor with direction or advice on how to do the Work. If the Engineer approves or recommends methods or manners for doing the Work or producing materials, the approval or recommendation shall not:
1.Guarantee that following the method or manner will result in compliance with the Contract,
2.Relieve the Contractor of any risks or obligations under the Contract, or
3.Create a Contracting Agency liability.
1-05.1(1) Oral Orders
When an oral order, including directions, instructions, interpretations, and determinations are issued by the Engineer, the Contracting Agency will send a Written Determination to the Contractor within 3 calendar days thereafter. If the Engineer determines that a change to the Contract is warranted, a written change order will be processed in accordance with Section 1-04.4 . If the Contractor disagrees with the Written Determination, the Contractor may protest in accordance with Section 1-04.5 . Page 1-42 M 41-10
1-05 Control of WorkWhen the Contractor believes they have received an oral order, the Contractor shall
notify the Engineer in writing and within 3 calendar days. After the Contractor notifies the Engineer, the Contracting Agency will respond with a Written Determination within 14 calendar days. If the Engineer determines that a change to the Contract is warranted, a written change order will be processed in accordance with Section 1-04.4 . If the Contractor disagrees with the Written Determination, the Contractor may protest in accordance with Section 1-04.5 . Failure to follow procedures of this section will result in a waiver of claim.
1-05.1(2) Requests for Information (RFI)
No Claim shall be allowed because of ambiguities in the Contract if:
1.The Contractor discovers an ambiguity but fails to notify the Contracting Agency, or
2.The Contractor failed to discover a patent ambiguity that would be discovered by a reasonably prudent Contractor. If the Contractor discovers an ambiguity in the Contract or desires an explanation or interpretation of the Contract, they shall request the explanation or interpretation in writing by way of a Request for Information (RFI). The RFI shall clearly define the ambiguity and have enough detail for the Engineer to provide an explanation or interpretation. If such detail is not provided, the Engineer will return the RFI as incomplete. Should the RFI require a change to the Contract, the Contractor will indicate in their RFI that it includes a request for change (RFC). A RFI shall not be used nor constitute a notice required in accordance with Sections
1-04.5 and 1-04.7 .
The Contractor may submit a RFI for the one of following reasons:
1.The Contractor believes there is information missing from the Contract Documents (Missing Information).
2.The Contractor believes a clarification of one or more of the Contract requirements is necessary (Clarification).
3.The Contractor needs to repair or otherwise correct a deficiency in the Work that requires a Change to the Contract to be acceptable (RFC – Construction Deficiency/ Repair procedure). Requests submitted for this reason shall be submitted in accordance with Section 1-05.7(1) .
4.The Contractor needs to substitute a material that provides an equal or better level of performance as the one specified in the Contract (RFC – Material Substitution). Requests shall indicate the location(s), quantity, and shall describe how the material provides an equal or better level of performance as the material originally specified.
5.The Contractor may submit a RFI that requests a change to the Contract requirements for a reason other than one listed in items 1-4 of this section (RFC – Other). To be considered, the request must not meet the requirements of a Value Engineering Change Proposal. To be considered, the request shall qualify as a Minor Change in accordance with Section 1-04.4(1) and shall describe how the change is and shall describe how the change is beneficial to the project. The Engineer will respond, in writing, to RFIs within 14 calendar days in the order they are received. If the Engineer cannot respond within 14 calendar days due to the nature and complexity of the RFI, the Engineer will respond to the RFI stating how many additional days are needed for a full response. This does not relieve the Contractor of its responsibility to request a time extension in accordance with Section 1-08.8 . If the Contractor needs to prioritize a RFI it shall indicate so as part of the RFI. Oral explanations, interpretations, or instructions given by anyone other than the Engineer will not be binding on the Contracting Agency. A response to a RFI shall be considered a Written Determination. M 41-10 Page 1-43 Control of Work 1-05If the Contractor’s Request for Information requires a change order, the Engineer’s response will indicate whether they are authorizing the Contractor to proceed with the changed work prior to an executed change order. Without this authorization, the Contractor shall not proceed with the changed work until a Change Order has been processed. If the Contractor believes the response requires a change order and the Engineer does not specifically state that a change order is necessary, the Contractor shall submit their Protest in accordance with Section 1-04.5 . Proceeding without Protest shall waive the Contractor’s rights to Claim. The Contractor shall bear all risk and costs of Work delays caused by rejection or nonapproval of RFIs that Requests for Change (RFC). The Contractor agrees the Engineer is under no obligation to accept an RFC. The Engineer’s decision to accept or reject all or part of a RFI that requests a change is final and not subject to Protest. Unit Bid prices shall cover all costs of submitting RFIs.
1-05.2 Authority of Assistants and Inspectors
Assistants and Inspectors have the authority to determine if the Work and materials meet the Contract requirements, reject defective material and suspend Work that is being done improperly, subject to the final decisions of the Engineer. Assistants and Inspectors are not authorized to accept Work, to accept materials, to issue instructions, or to give advice that is contrary to the Contract. Work done or material furnished that does not meet the Contract requirements shall be at the Contractor’s risk and shall not be a basis for a claim even if the Inspectors or assistants purport to change the Contract. Assistants and Inspectors may advise the Contractor of faulty Work or materials or infringements of the terms of the Contract; however, failure of the Engineer or the assistants or Inspectors to advise the Contractor does not constitute acceptance or approval.
1-05.3 Working Drawings
The Contract may require the Contractor to submit Working Drawings for the performance of the work. Working Drawings shall be submitted by the Contractor electronically to the Engineer in PDF format; drawing details shall be prepared in accordance with conventional detailing practices. Unless allowed by the Engineer, the default page size shall be 8½ by 11 inches for text and calculations and 11 by 17 inches for drawings. Working Drawings will be classified under the following categories:
1.Type 1 – Submitted for Contracting Agency information. Submittal must be received by the Contracting Agency a minimum of 7 calendar days before Work represented by the submittal begins.
2.Type 2 – Submitted for Contracting Agency review and comment. Unless otherwise stated in the Contract, the Engineer will require up to 20 calendar days from the date the Working Drawing is received until it is returned to the Contractor. The Contractor shall not proceed with the Work represented by the Working Drawing until comments from the Engineer have been addressed.
3.Type 2E – Same as a Type 2 Working Drawing with Engineering as described below.
4.Type 3 – Submitted for Contracting Agency review and approval. Unless otherwise stated in the Contract, the Engineer will require up to 30 calendar days from the date the Working Drawing is received until it is returned to the Contractor. The Contractor shall obtain the Engineer’s written approval before proceeding with the Work represented by the Working Drawing.
5.Type 3E – Same as a Type 3 Working Drawing with Engineering as described below. Page 1-44 M 41-10
1-05 Control of WorkAll Working Drawings shall be considered Type 3 Working Drawings except as specifically
noted otherwise in the Contract. Unless designated otherwise by the Contractor, submittals of Working Drawings will be reviewed in the order they are received by the Engineer. In the event that several Working Drawings are received simultaneously, the Contractor shall specify the sequence in which they are to be reviewed. If the Contractor does not submit a review sequence for simultaneous Working Drawing submittals, the review sequence will be at the Engineer’s discretion. Working Drawings requiring Engineering or calculations, Type 2E and 3E, shall be prepared by (or under the direction of) a Licensed Professional in accordance with State of Washington Title 18 RCW (Business and Professions) WAC 196, and WAC 308. the Licensed Professional’s signature and seal, date of signature, and registration number shall appear on the cover page. The cover page shall also include the Contract number, Contract title and sequential index to calculation page numbers. If more than the specified number of calendar days is required for the Engineer’s review of an individual Working Drawing or resubmittal, an extension of time will be considered in accordance with Section 1-08.8 . Review or approval of Working Drawings shall neither confer upon the Contracting Agency nor relieve the Contractor of responsibility for the accuracy of the drawings or their conformity with the Contract. The Contractor shall bear all risk and all costs of any Work delays caused by rejection or nonapproval of Working Drawings. Unit Bid prices shall cover all costs of Working Drawings.
1-05.4 Conformity with and Deviations from Plans and Stakes
The Special Provisions may require that the Contractor be contractually responsible for part or all of the project surveying. For survey requirements not the responsibility of the Contractor, the Engineer will lay out and set construction stakes and marks needed to establish the lines, grades, slopes, cross-sections, and curve superelevations. These stakes and marks will govern the Contractor’s Work. The Contractor shall take full responsibility for detailed dimensions, elevations, and slopes measured from them. All Work performed shall be in conformity with the lines, grades, slopes, cross-sections, superelevation data, and dimensions as shown in the Plans, or as staked. If the Plans, Special Provisions, or these Specifications, state specific tolerances, then the Work shall be performed within those limits. The Engineer’s decision on whether the Work is in conformity shall be final, as provided in Section 1-05.1 . The Contractor shall not deviate from the approved Plans and Working Drawings unless the Engineer approves in writing. When the Contracting Agency is responsible for roadway surveying, and the Contractor trims the Subgrade with an automatic machine guided by reference lines, the Engineer will set control stakes for line and grade only once after grading is complete. To gain better control with unusual pavement widths or for other reasons, the Engineer may set more control stakes without added cost to the Contractor. The Contractor shall set reference lines from these control stakes for trimming Subgrade, for surfacing, and for controlling the paving machines. The Contractor shall work to preserve stakes, marks, and monuments set by the Engineer. The Contracting Agency will deduct from payments due the Contractor all costs to replace such stakes, marks, and monuments carelessly or willfully damaged or destroyed by the Contractor’s operation. The Contractor shall provide enough safe areas to permit the Engineer to set those points and elevations that are the responsibility of the Contracting Agency and to perform random checks of the surveying performed by the Contractor. M 41-10 Page 1-45 Control of Work 1-05The Contractor shall keep the Engineer informed of staking requirements to provide the Engineer with adequate time to set the stakes for which the Contracting Agency is responsible. Contractor requests for stakes shall be made at least 3 working days before the Engineer needs to begin the staking operation.
1-05.5 Tolerances
Geometrical tolerances shall be measured from the points, lines, and surfaces defined in Contract documents. A plus (+) tolerance increases the amount or dimension to which it applies, or raises a deviation from level. A minus (-) tolerance decreases the amount or dimension to which it applies, or lowers a deviation from level. Where only one signed tolerance is specified (+ or -), there is no specified tolerance in the opposing direction. Tolerances shall not be cumulative. The most restrictive tolerance shall control. Tolerances shall not extend the Work beyond the Right of Way or other legal boundaries identified in the Contract documents. If application of tolerances causes the extension of the Work beyond the Right of Way or legal boundaries, the tolerance shall be reduced for that specific instance. Tolerances shall not violate other Contract requirements. If application of tolerances causes the Work to violate other Contract requirements, the tolerance shall be reduced for that specific instance. If application of tolerances causes conflicts with other components or aspects of the Work, the tolerance shall be reduced for that specific instance.
1-05.6 Inspection of Work and Materials
The Engineer may inspect all Work and materials for conformity with Contract terms. To ensure the Engineer’s safety and access during these inspections, the Contractor shall provide any equipment needed, such as walkways, railings, ladders, and platforms. When the Engineer requests, the Contractor shall (without charge) provide samples of materials used or to be used in the Work. If the Contractor uses materials tested and approved for one project in an unrelated project, the Contracting Agency may deduct its testing and inspection costs from payments due the Contractor. The Engineer may order the Contractor to remove and replace materials used without inspection and the Contractor shall bear the cost of doing so. Inspections, tests, measurements, or other actions by Contracting Agency employees serve only one purpose: to assure the Engineer that Work, materials, progress rate, and quantities comply with Contract terms. Such work by Contracting Agency employees shall not relieve the Contractor of its responsibility for completing the Work or for determining if Contract requirements are being met. The Contractor shall correct all substandard Work or materials. The Engineer will reject unsuitable Work or materials even though inspected or paid for in a progress estimate. If the Engineer requests, then the Contractor shall remove or uncover any requested area of the completed Work. After the Engineer inspects it, the Contractor shall restore the area to the standard the Contract requires. The Contractor shall bear the cost of uncovering, removing, and restoring the exposed Work: (a) if it proves unacceptable, or (b) if it was placed without authority or without due notice to the Engineer. The Contracting Agency will pay these costs by agreed price or by force account if the Work proves to be acceptable and the Contractor had performed the original Work with the authority of and due notice to the Engineer. The Contractor, if advised to do so by the Engineer, shall permit inspection of the Work from a representative of Railroad Companies, utilities, facilities of a public agency, or federal, state, or municipal agencies. Page 1-46 M 41-10
1-05 Control of WorkFor crushing or screening operations, the Contractor shall provide and install a mechanical
sampler that:
1.Is automatic or semi-automatic;
2.Can safely and easily obtain representative samples of the materials being produced;
3.Can convey the samples to ground level in Contracting Agency-provided sacks;
4.Moves at an even rate through the full width of the materials stream falling from the discharge end of the belt, gate, or chute;
5.Is power driven during the material intercept cycle; and
6.Can be adjusted to take samples of about 100 pounds as often as the Engineer requires. No material from the crushing or screen operation will be accepted until after the Engineer has approved the design and operation of the sampling equipment. The Contractor shall bear all costs of providing the sampling equipment, the power to operate it, and the space for its use.
1-05.7 Removal of Defective and Unauthorized Work
The Contracting Agency will not pay for unauthorized or defective Work. Unauthorized or defective Work includes: Work and materials that do not conform to Contract requirements; Work done beyond the lines and grades set by the Plans or the Engineer; and extra Work and materials furnished without the Engineer’s written approval. The Contractor shall be responsible to immediately report to the Engineer all unauthorized or defective Work. The Contractor shall immediately remedy, remove, replace, or dispose of unauthorized or defective Work or materials and bear all costs of doing so.
1-05.7(1) Request for Change for Defective or Unauthorized Work
The Contractor may, as a request for information (RFI) in accordance with Section
1-05.1(2) , submit a request to repair, replace or substitute defective, rejected, non-
conforming, or unacceptable Work (RFC-Construction Deficiency/Repair Procedure). RFIs submitted for RFC-Construction Deficiency/Repair Procedure shall include Type 2 Working Drawings. Type 2E Working Drawings shall be submitted when required by the Engineer. For preapproved repair procedures, Type 1 Working drawings shall be included. All requirements within the Contract for the repair, replacement or substitution of defective, rejected, non- conforming or unacceptable Work shall be followed and submitted as part of a RFI for RFC-Construction Deficiency/Repair Procedure. The Engineer has the right to reject all or part of the defective Work, and the Engineer’s decision is final and not subject to protest.
1-05.8 Vacant
1-05.9 Equipment
Prior to mobilizing equipment on site, the Contractor shall thoroughly remove all loose dirt and vegetative debris from drive mechanisms, wheels, tires, tracks, buckets and undercarriage. The Engineer will reject equipment from the site until it returns clean. At the Engineer’s request, the Contractor shall provide an operating and maintenance manual for each model or type of mixing, placing, or processing equipment before using it in the Work. The Contractor shall also provide test instruments to confirm whether the equipment meets operating requirements, such as vibration rate, revolutions-per-minute, or other requirements. The Contract may require automatically controlled equipment for some operations. If the automatic controls on such equipment fail, then the Contractor may operate the equipment manually for the remainder of that normal working day, provided the method of operation produces results otherwise meeting the Specifications. Continued operation M 41-10 Page 1-47 Control of Work 1-05of the equipment manually beyond this working day will be permitted only by specific authorization of the Engineer. The Engineer will reject equipment that repeatedly breaks down or fails to produce results within the required tolerances. The Contractor shall have no claim for additional payment or for extension of time due to rejection and replacement of equipment. Upon completion of the Work, the Contractor shall completely remove all loose dirt and vegetative debris from equipment before removing it from the job site.
1-05.10 Guarantees
The Contractor shall furnish to the Contracting Agency all guarantees or warranties furnished as a customary trade practice in connection with the purchase of equipment, materials, or items incorporated into the project.
1-05.11 Final Inspection
The Engineer will not make the final inspection until the physical Work required by the Contract, including final cleanup and all extra Work ordered by the Engineer, has been completed. The Physical Completion Date for the Contract will be determined as provided in Section 1-08.5 .
1-05.12 Final Acceptance
The Contractor must perform all the obligations under the Contract before a Completion Date and final acceptance can occur. Failure of the Contractor to perform all the obligations under the Contract shall not bar the Contracting Agency from unilaterally accepting the Contract as provided in Section 1-09.9 . The Secretary accepts the completed Contract and the items of Work shown in the final estimate by signature of the Final Contract Voucher Certification. The date of that signature constitutes the acceptance date. Progress estimates or payments shall not be construed as acceptance of Work under the Contract. The Contractor agrees that neither completion nor final acceptance shall relieve the Contractor of the responsibility to indemnify, defend, and protect the Contracting Agency against all claims or loss resulting from the failure of the Contractor or subcontractors to pay all laborers, mechanics, subcontractors, material persons, or others who provides labor, supplies, or provisions for carrying out the Work or for payments required for unemployment compensation under Title 50 RCW or for industrial insurance and medical aid required under Title 51 RCW . Final acceptance shall not constitute acceptance of unauthorized or defective work or material. The Contracting Agency shall not be barred from requiring the Contractor to remove, replace, repair, or dispose of all unauthorized or defective work or material or from recovering damages for any such work or material.
1-05.13 Superintendents, Labor, and Equipment of Contractor
At all times, the Contractor shall keep at the Work site a set of the Plans, Specifications, Special Provisions, and Addenda. The Contractor shall devote the attention required to make progress on the Work in accordance with their approved schedule. The Contractor shall cooperate fully with the Engineer and Inspectors. Either the Contractor in person or an authorized representative shall remain on site whenever the Work is underway. Before the Work begins, the Contractor shall name in writing an experienced superintendent who understands the Contract and is able to supervise the Work. This superintendent shall have full authority to represent and act for the Contractor. Superintendents who repeatedly fail to follow the Engineer’s written or oral orders, directions, instructions, or determinations, shall be subject to removal from the project. Upon the written request of the Engineer, the Contractor shall immediately remove such superintendent and name a replacement in writing. Page 1-48 M 41-10
1-05 Control of WorkCompetent supervisors experienced in the task being performed shall continuously
oversee the Contract Work. At the Engineer’s written request, the Contractor shall immediately remove and replace incompetent, careless, or negligent employees. Noncompliance with the Engineer’s request to remove and replace personnel at any level shall be grounds for terminating the Contract under the terms of Section 1-08.10 . The Contractor shall keep all machinery and equipment in good, workable condition. It shall be adequate for its purpose and used by competent operators. The Engineer will rate the Contractor’s performance and Contract compliance in these categories:
1.Progress of Work,
2.Quality of Work,
3.Equipment,
4.Administration/Management/Supervision, and
5.Coordination and Control of subcontractors. Whenever the Contracting Agency evaluates the Contractor’s prequalification under RCW 47.28.070 , it will take these reports into account.
1-05.13(1) Emergency Contact List
The Contractor shall submit an Emergency Contact List to the Engineer as a Type 1 Working Drawing no later than 5 calendar days after the date the Contract is executed. The list shall include, at a minimum, the Contractor’s Project Manager, or equivalent, the Contractor’s Project Superintendent, the Erosion and Sediment Control (ESC) Lead, and the Traffic Control Supervisor. The list shall identify a representative with delegated authority to act as the emergency contact on behalf of the Contractor and include one or more alternates. The emergency contact shall be available upon the Engineer’s request at other than normal working hours. The Emergency Contact List shall include 24-hour telephone numbers for all individuals identified as emergency contacts or alternates.
1-05.14 Cooperation with Other Contractors
The Contracting Agency may perform other work at or near the site, including any material site, with other forces than those of the Contractor. This work may be done with or without a contract. If such work takes place within or next to this project, the Contractor shall cooperate with all other contractors or forces. The Contractor shall carry out Work under this project in a way that will minimize interference and delay for all forces involved. The Engineer will resolve disagreements that may arise among the contractors or the Contractor and the Contracting Agency over the method or order of doing the Work. The Engineer’s decision in these matters shall be final, as provided in Section 1-05.1 . The coordination of the Work shall be taken into account by the Contractor as part of the site investigation in accordance with Section 1-02.4 and all resulting costs shall be incidental and included within the unit Bid prices in the Contract.
1-05.15 Method of Serving Notices
Written notices to the Contractor required under these Specifications may be served on the Contractor either personally or by mailing or by delivery to the last post office or email address known to the Engineer. All correspondence from the Contractor shall be directed to the Engineer. If Certified Claims are filed in hard copy format, they shall be directed to the Engineer. Whether filed electronically or in hard copy format, the Certified Claims shall include the original notarized statement.
Source: Washington Standard Specifications for Road, Bridge, and Municipal Construction, 2024 Edition. Pages 93–100 of 1,151.