105Control of Work

Control of Work

105.1Authority of the Engineer

1 The engineer will decide all questions regarding the quality and acceptability of materials, work, rate of progress, cooperation between contractors, and interpretation and fulfillment of the contract. The engineer may not pay for work done contrary to the contract or deemed unacceptable. The engineer may change quantities or eliminate pay items as warranted by the project conditions. The engineer does not have authority to amend the contract without implementing a “Contract Amendment” (Form E-61) in accordance with Subsection 104.2, Contract Amendments.

2 The engineer may suspend the work wholly or in part in accordance with Subsection 108.5.2, Engineer-Ordered Suspensions.

105.2Working Drawings

105.2.1 General

1 Provide and submit to the engineer for approval working drawings in sufficient detail to control and complete the work. Working drawings supplement the contract; their approval does not relieve the contractor of responsibility for completion of the work as specified. The work and costs of preparing and obtaining approval for working drawings is incidental to the related pay items in the contract.

105.2.2 Shop Drawings

1 When specified, the department requires the contractor’s fabricator to submit shop drawings. Drawings may be sent by email or mail.

The Specified Program or Engineer Title Wyoming Department of Transportation 5300 Bishop Boulevard Cheyenne, WY 82009-3340

2 The department requires shop drawings to show dimensions, sizes of materials, and other information and data necessary to make and erect the work. Provide drawings on paper sized approximately 11 in × 17 in [280 mm × 430 mm]. Submit two complete sets of advance shop drawings for each structure or fabricated item on the project, with any deviation from the contract requirements identified clearly as such. Note any deviation from the contract in the transmittal letter, and forward a copy of the letter to the engineer and the contractor. Ensure that each drawing shows the name of the structure (if applicable), road route, station, Wyoming project number, county, structure number (if applicable), and the department drawing number (if applicable).

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3 Review time of shop drawing will be proportional to the complexity of work. Allow 21 calendar days for the department to review and return each shop plan drawing submittal or resubmittal. Clarification and corrections will add additional time. No response from the department does not constitute acceptance. The department will keep one set of the advance shop drawings and return the other with necessary corrections noted. Make the changes indicated; clearly identify changes other than those requested by the department and note in the transmittal letter. Return to the department six complete sets of corrected drawings, each marked “Final” along with the transmittal letter. Forward a copy of the letter to the engineer and the contractor. Upon review and approval by the department, final shop drawings become part of the contract; the department will mark the drawings as “Approved” and distribute as follows:

4 Do not make or order materials before receiving the “Approved” drawings. Do not substitute materials, change dimensions, or deviate from the “Approved” shop drawings without written consent from the department.

5 The department’s approval of shop drawings constitutes its acceptance of the character and sufficiency of details; it does not constitute a check on dimensions and does not relieve the contractor or fabricator from responsibility for errors or omissions and their necessary correction.

105.3Conformity with Contract

1 Perform work and provide materials in accordance with the lines, grades, cross- sections, dimensions, tolerances, and requirements specified. Perform incidental work in accordance with the technical section associated with the work. The engineer may, in accordance with Subsection 113.3, Unacceptable Work and Materials, choose to accept work or materials that meet the contract’s intent but not its requirements.

2 Contract references to standard test methods or specifications such as those from AASHTO, ASTM, IMSA, and the Materials Testing Manual refer to the methods or specifications in effect on the advertised date of the public bid opening. If a later change to a cited document affects successful completion of the project, the department will incorporate the new reference with a “Contract Amendment” (Form E-61).

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105.4Coordination and Precedence of Documents in the Contract

1 The contract comprises complementary documents that together describe a whole, such that a requirement or specification in one binds and acts as though appearing in all. In case of discrepancy, federal laws, rules, and regulations supersede conflicting contract requirements for projects involving federal funds, and documents have the following order of precedence:

first.

2 Calculated dimensions take precedence over scaled dimensions.

3 Notify the engineer upon discovery and do not take advantage of errors or omissions in the contract. The engineer will correct as necessary.

4 Paper documents take precedence over electronic files.

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105.5Superintendence

1 In writing, and in accordance with Subsection 108.3.3, Preconstruction Conference, the department requires the contractor to designate a project superintendent, who is an employee of the contractor with the following:

directions by the engineer; and

incidentals to complete the project as specified.

2 When work is underway, including work by a subcontractor, ensure the presence at the worksite of the project superintendent unless otherwise agreed to by the engineer.

105.6Cooperation by Contractor

1 Cooperate with the engineer and inspectors.

105.7Cooperation Between Contractors

1 The department may contract with separate contractors for additional work on or near the worksite. When separate contracts are let, the department requires each contractor to cooperate with and to work without hindering each other.

2 Each contractor assumes liability, financial or otherwise, for its own errors, acts, or omissions and holds the department harmless from damages or disputes arising from inconvenience, delay, or loss due to the presence and operations of other contractors on or near the worksite, including material sources.

3 These provisions apply also to work by the department’s employees and equipment.

105.8Equipment Storage

1 The contractor may store equipment on approved portions of the right -of-way outside the specified clear zone. After use, restore storage sites to their original condition, at no additional cost to the department. If needed, provide additional space at no additional cost to the department.

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105.9Construction Stakes, Lines, and Grades

105.9.1 General

1 Do not begin work until the lines and grades that will control the work are staked. Preserve project control, stakes, and marks placed by the engineer. The department will charge the contractor, or deduct from monies due, the cost of their replacement at a rate of $100 per hour. The department makes available necessary information defining the control through its placement of stakes, the contract, or the engineer.

105.9.2 Department Surveying

1 When the contract does not include Contractor Surveying as a pay item, the engineer will set construction stakes establishing lines, slopes, profile grades, centerline, and bench marks. The department will establish horizontal and vertical control for the project in accordance with the department’s Survey Manual. The department assumes responsibility for the accuracy of its work; use the engineer’s stakes and marks to establish extended control. To avoid delays, notify the engineer at least ten calendar days before starting work that requires staking.

105.9.3 Contractor Surveying

105.9.3.1 General

1 When Contractor Surveying is a pay item, the contractor is responsible for grade staking the project. The department considers Contractor Surveying specialty item for the purposes of subcontracting in accordance with Subsection 108.1, Subletting of Contract. Perform survey work under the supervision of a professional land surveyor or professional engineer registered in the state of Wyoming.

2 The department will establish horizontal and vertical control for the project. The department will set centerline and benchmarks for culverts, protective and accessory structures, and appurtenances as required. The engineer will furnish necessary information relating to lines, slopes, and grades. Use these stakes and information as the field control to establish the project benchmarks and to perform the work.

3 Do not set grade stakes until the subgrade elevation is within 4 in [100 mm] of the final grade based on the slope stake information.

4 Keep survey notes in a clear, orderly, neat manner and in accordance with the edition of the department’s Construction Manual. The engineer may randomly inspect the notes for compliance. Survey records belong to the department; ensure their availability to the engineer for inspection or reproduction at all times . Correct deficiencies and transmit survey records to the engineer for inclusion in the project records before final project acceptance.

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5 Upon discovery, notify the engineer of apparent errors in or discrepancies with previous surveys. Obtain corrections or interpretations before proceeding.

6 Correct deficient work due to incorrect staking or failure to report errors or inaccuracies in work previously performed by the department. Reset grade stakes, benchmarks, reference points, or property corners lost, damaged, or destroyed by traffic or construction.

105.9.3.2 Materials

1 Provide personnel, materials, and equipment necessary to perform the work. Calibrate equipment before starting, and submit calibration data, information from field checks of the calibration, and results including location and dates performed, to the engineer. Use stakes measuring at least 1 in × 1 in × 6 in [25 mm × 25 mm × 150 mm]. Equip each stake with chasers.

105.9.3.3 Grade Staking

1 Run a level circuit to check the project benchmarks on each roadway section before beginning roadway staking. Submit a letter to the engineer stating that the vertical control has been established, checked, and meets the requirements of the Survey Manual for level accuracy.

2 Set grade stakes required to control the work. Establish the grade stake elevation for the subgrade and each base course using grade information provided by the enginee r. Consult the engineer before setting grade stakes for curve runoffs and ramps.

3 On typical sections using special borrow, the department considers the top of the special borrow the subgrade for grade staking purposes.

4 Set reference points and reference lines to control alignment and the grade elevations at the subgrade and at the top of each base gravel course. Establish additional lines as required for passing or climbing lanes and slope or crown breaks between shoulders.

5 Set reference points and lines to produce the typical sections and ride quality specified.

6 Set subgrade grade stakes for tangent sections at intervals no greater than 100 ft [25 m], no greater than 50 ft [12.5 m] for curves, and at other miscellaneous break points as specified. Set grade stake lines for safety shoulders, median, and shoulder ditches at intervals of 100 ft [25 m].

7 Drive the top of each stake to the tolerances in the Construction Manual.

8 Maintain horizontal alignment of each completed course within the tolerances in the Construction Manual.

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105.9.4 MEASUREMENT and PAYMENT

1 The engineer will measure Contractor Surveying as a complete unit.

2 The department will pay as follows:

Pay Item Pay Unit Measure to the Nearest Pay to the Nearest Contractor Surveying LS LS LS

the letter to the engineer stating that the vertical control has been established and checked and meets the requirements; and

from the contractor.

105.10Extracontractual Agreements By Contractor

1 The contractor may enter into agreements with third parties, whether public or private, for the purpose of acquiring the use of land or materials to complete the project . Such agreements are subject to review by the engineer; except for those with commercial sources, submit copies of the environmental clearance as described in Subsection 106.3.3, Contractor Furnished, and the signed documents describing the agreement to the engineer.

105.11Authority of the Inspector

1 The engineer, or an inspector representing the engineer, has authority to inspect all work and materials at any stage, including preparation, fabrication, or manufacture. Inspectors do not have authority to amend the contract.

105.12Inspection of Work

1 Give the engineer, or an inspector representing the engineer, access, information, and all help needed to enable safe, complete, detailed inspections during every phase of the work. Notify the engineer at least one working day before performing work that will need inspection.

2 If the engineer was not provided the opportunity for inspection, expose the work as directed, at no additional cost to the department. The engineer may order the removal

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and replacement of work performed or materials used without inspection, at no additional cost to the department.

3 If the engineer was provided the opportunity for inspection and failed to inspect the work or materials, expose portions of the finished work for inspection as directed. After inspection, restore the work. The engineer will pay for the cost of exposing and restoring the work as extra work, in accordance with Subsection 109.4, Extra and Force Account Work, if the work meets the contract requirements; the engineer will not pay this cost if the work does not meet the contract requirements.

4 Representatives of governmental entities, railroads, or utilities that pay for or participate in parts of the work have the right to conduct inspections. Such inspections do not make these agencies a party to the contract and do not affect the rights of the contractor or the department.

105.13Load Restrictions

1 Except as provided in this subsection, comply with legal load restrictions when moving equipment or hauling materials on public roads that remain in service. A permit from the department to operate an overweight, oversized, or overwidth vehicle does not relieve the contractor of liability for damage to public roads due to the moving of equipment or materials.

2 The engineer may stop or reroute material transportation or eliminate the corresponding pay item from the contract if the activity appears detrimental to the roads used.

3 Without damaging structures, roadways, or other work, the contractor may operate empty, overweight, or oversize equipment on roadways within the construction limits as required to perform the work. Such operation does not require an overweight, oversized, or overwidth permit but is subject to approval by the engineer. Approval does not relieve the contractor of responsibility for the repair of resulting damage.

4 Do not allow loads on concrete pavement, base, or structures before the strength or time requirements for the concrete has been met. In the case of pipes, do not allow loads before placing the specified cover fill. Do not exceed the current maximum legal load limit when hauling materials over partiall y, wholly, or previously finished base or surface courses within the construction limits.

5 Repair damage by hauling equipment at no additional cost to the department.

105.14Maintenance of the Work During Construction

1 Protect the work and roadway from damage. Except as provided in Subsections 113.4, Final Acceptance, and 108.5, Suspension of Work, preserve and maintain the undamaged work and roadway during construction and until final acceptance of the project. Use

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adequate and e ffective equipment and forces to keep the work and roadway in satisfactory condition at all times. Maintenance of the work and roadway is incidental to the pay items in the contract.

2 When placing a course upon other courses or subgrade, maintain the previous layers as constructed. Maintenance includes, but is not limited to, draining, recompacting, regrading, or, if damaged, removing and replacing the damaged course(s). As necessary, use equipment, labor, and new materials.

3 The engineer will notify the contractor immediately if the work or roadway is not maintained. If satisfactory maintenance is not performed, the engineer may direct other organizations to perform the maintenance. The department will deduct the cost from monies due the contractor or will bill the contractor, as appropriate.

105.15Contract Amendment and Dispute Resolution

.1 General

1 The engineer will consider requests for contract amendments or dispute resolutions only when the notification procedures in this subsection are followed. The engineer will not consider requests when these procedures are not followed; the specified time limits may only be extended through a written, jointly signed agreement between the contractor and the engineer. Throughout, the engineer will endeavor to address the underlying issue prompting the notification in a timely and satisfactory manne r. Electronic notification and transferring of documents is an acceptable means of transmitting information.

2 The contractor waives the right to seek a contract amendment or dispute resolution by failing to meet a specified time limit. The contractor and the department may, however, extend a time limit by a specific written mutual agreement.

3 The process specified in this subsection is intended to produce a reasonable resolution of disputes. Conduct the process in good faith; completing the process is a condition precedent to filing suit in Wyoming state courts.

4 Payments warranted as a result of a dispute pursued in accordance with this subsection will be based on the agreed upon costs incurred as shown in provided documentation. The department may also require an audit of the contractor’s project records, home office records, financial records, and other records.

.2 First Notice, by Contractor

1 Notify the engineer verbally as soon as a contract amendment or dispute resolution appears necessary. Do not start or continue an activity or item of work in dispute o r for which a contract amendment may be necessary without authorization from the engineer.

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.3 Written Notice, by Contractor

1 Within 30 calendar days of the first notice, provide accurate and complete supporting documentation to the engineer for review and audit . Arrange pertinent data in a logical sequence. At a minimum, i nclude the following:

resolution to a dispute, including accurate reference to the pertinent portions of the contract;

disputed;

disputed issue;

if time or delays are relevant to the disputed issue;

force account work, as specified in Subsection 109.4.4(5), Force Account, Documentation;

.4 Written Acknowledgement, by Engineer

1 In writing, the engineer will acknowledge receipt of the contractor’s written notice within five calendar days . Within ten calendar days of receiving the contractor’s written statement, if additional information is needed, the engineer will provide an additional information request, in which case the engineer will clearly state what is needed. Submit additional information within a mutually agreeable time frame.

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.5 Decision by Resident Engineer

1 Within 30 calendar days of the date written notice, or additional information is received, the engineer will review the request and return to the contractor a written decision . The engineer will include copies of internal documentation, not provided by the contractor, in deciding the issue.

2 Submission of additional information at any subsequent level of review by anyone will not be allowed once the dispute record is assembled and the engineer has made a decision. If additional information is submitted, the resident engineer will review and make a decision prior to the review of the District Engineer or Chief Engineer.

3 The engineer’s response includes one of the following:

a dispute.

case the engineer will make clear, through reference to the contract, why the issue does not represent a change.

.6 Contractor’s Recourse

1 If the outcome of the request for a contract amendment or dispute resolution is unacceptable or the enginee r’s response untimely, notify the engineer in writing within seven calendar days if the outcome remains unacceptable . Upon receipt of this notice, the engineer may direct the contractor to start or resume the disputed work while the dispute is resolved.

.7 Referral to District Engineer

1 Within 21 calendar days of the date the resident engineer’s decision is received, if that decision is unacceptable, send a written notice of referral to the district engineer for consideration. Within 21 calendar days of receiving this notice, the district engineer will convene a virtual or in -person meeting of the resident engineer and the contractor to resolve the dispute. Within 30 calendar days of this meeting, the district engineer will send a written decision to the contractor.

.8 Referral to Chief Engineer

1 Within 30 calendar days from the date the district engineer’s decision is received, if that decision is unacceptable, send a written notice of referral to the chief engineer for consideration with a copy to the district engineer. Within 30 calendar days of receiving this notice, the chief engineer will convene a virtual or in -person meeting of the district

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engineer, the resident enginee r, and the contractor to resolve the dispute. Within 30 calendar days of this meeting, the chief engineer will send a written decision to the contractor. 2 The department will not consider additional appeals after this decision.

.9 Adjudication

1 Within 30 calendar days from the date the chief engineer’s decision is received, if that decision is unacceptable, the contractor may sue the commission in state district court. Adjudication will be by bench trial.

2 No part of this Subsection 105.15, Contract Amendment and Dispute Resolution, supersedes the laws of the State of Wyoming. The commission, in seeking to resolve a dispute, does not waive its sovereign immunity. The contractor agrees not to challenge the commission ’s right to assert sovereign immunity as a complete or limited bar to the extent it has been reserved and in consideration for which the commission agrees not to assert sovereign immunity as a defense to resolve a dispute provided none of the following are included in the dispute:

or

exceeding 10 percent of the calculated amount in item 4.

3 These items are meant to limit the potential liability of the commission. If the contractor seeks relief beyond the limits of these items, the commission may assert sovereign immunity as an affirmative defense and complete bar to the action.