Current through Register Vol. XLI, No. 45, November 8, 2024
Section 157-3-7 - Control of Work7.1. Authority of the Engineer. The engineer will decide all questions which may arise as to the quantity, quality, and acceptability of materials furnished and work performed, and as to the rate of progress of the work; all questions which may arise as to the interpretation of the Plans and Specifications; and all questions as to the acceptable fulfillment of the contract on the part of the contractor. The decision of the engineer will be final. 7.1.a. The engineer will have the authority to suspend the work wholly or in part due to the failure of the contractor to correct conditions unsafe for the employees or the general public, for failure to carry out provisions of the contract, for failure to carry out orders, for such periods as he or she may deem necessary due to unsuitable weather, for conditions considered unsuitable for the prosecution of the work, or for any other condition or reason deemed to be in the public interest. All such suspension orders will be directed to the contractor in writing.7.1.b. The engineer is not authorized to increase the obligation of the division to any contract except as provided.7.2. Plans and Working Drawings. Approved plans will show the location, profile, typical cross section, structures except as specified, incidental items, and a summary of all items appearing in the proposal. Any deviations which may be required by the exigencies of the construction will be determined by the engineer and authorized by him or her in writing. The contractor shall keep one set of approved plans available on the work at all times. 7.2.a. Plans will show such details as are necessary to give a comprehensive idea of the construction contemplated. Any information which may be shown on drawings regarding results obtained from the test piles or borings will be a record of conditions encountered at the place where such test piles were driven or borings were made, as nearly as these conditions could be interpreted by the engineer observing the operations. The contractor shall interpret the data in the light of their own experience. The contractor is not bound to accept or rely on the data shown on the drawings, but may make such additional borings and investigations, including test piles, as he or she may desire in order to satisfy himself or herself concerning the lengths of piles and the conditions governing or entering into the construction of foundations.7.2.b. The plans will show the foundation depths and dimensions on which the estimate of quantities is based. These depths and foundation dimensions, however, are subject to such variations as may be necessary to secure a foundation satisfactory to the engineer, and the right is expressly reserved to increase or diminish the dimensions and depths of the foundations as the engineer may determine.7.2.c. The contractor shall submit to the engineer all stress sheets, shop drawings, erection plans, falsework plans, framework plans, cofferdam plans, bending diagrams for reinforcing steel, or any other supplemental plans or similar data for the engineers use.7.2.d. Working drawings for steel and timber structures shall consist of shop detail, erection and other working plans, showing details, dimensions, sizes of material, and other information necessary for complete fabrication and erection of the work. The division will require shop lists for structural steel to be submitted in a format as set forth by the engineer.7.2.e. Working drawings for concrete structures shall consist of such detailed plans as may reasonably be required for the successful prosecution of the work and which are not included in the plans furnished by the engineer. These may include plans for falsework, bracing, centering and formwork, masonry layout diagrams, and diagrams for bent reinforcement.7.2.f. The contractor shall furnish the engineer copies of the working drawings as may be required for approval and for construction purposes, and upon completion of the work, reproducible, full-size tracings of the original drawings shall be delivered to the engineer. The size of the original drawings shall be 22 inches by 36 inches (A1 metric paper), including margins, unless otherwise permitted. The working drawings submitted for approval may be reduced.7.2.g. It is expressly understood that the approval by the engineer of the contractor's working drawing relates to the requirements for strength and general arrangement, and such approval will not relieve the contractor from responsibility for omission, errors in dimensions, shop fits, field connection, etc., for quantity of materials, or from any of their responsibility under the contract for the successful completion of the work.7.2.h. The contract price shall include the cost of furnishing all working drawings, and the contractor will be allowed no extra compensation for such drawings.7.2.i. It is the contractor's responsibility to determine the exact location of each utility in project areas where these utilities would be interrupted or damaged by performing work. In the event of damage or disruption to utilities which are active and are to remain in service, the contractor shall immediately notify the responsible official of the organization operating the utility that is interrupted. The contractor shall assume all costs, charges or claims connected with the interruption and repair of any utility damaged by the contractor.7.2.j. Shop Drawings. Shop Drawings are working drawings necessary for the fabrication and inspection of the work as may reasonably be required for the successful prosecution of the work and which are not included in the plans furnished by the engineer. 7.2.j.1. Any contractor proposed changes to the contract document shall be submitted to the division for approval prior to certification of the shop drawings. The division will prepare and issue all revisions to the contract plans dictated by these approved changes.7.2.j.2. Shop drawings shall be submitted sufficiently in advance of the start of the work to allow time for distribution by the engineer without delaying the work. Only certified copies of shop drawings that have been distributed by the engineer shall be considered approved by the project personnel. Copies of the shop drawings which do not contain the certification stamp and have not been distributed by the engineer and are used for construction of any part of the work shall be at the contractor's risk.7.2.j.3. Upon completion of the work, reproducible, full-size tracings of the original drawings shall be delivered to the engineer. The size of the original drawings shall be 22 inches x 34 inches, including margins, unless otherwise permitted.7.2.j.4. Shop drawings shall give full detailed dimensions and sizes of component parts of the structure and details of all miscellaneous parts, such as pins, nuts, bolts, drains, reinforcing, inserts, strands, ducts, etc. Where specific orientation of parts is required, such as the rolling of plates, the direction shall be shown.7.2.j.5. Shop drawings shall specifically identify the AASHTO material designation for all component parts.7.2.j.6. All working drawings shall be in same units as those used in the plans. Use of dual (metric and English) units is not allowed.7.2.j.7. Shop drawings shall give full detailed dimensions and sizes of component parts of the structure and details of all miscellaneous parts.7.2.j.8. Design camber for all members shall be shown on the shop drawings.7.2.j.9. Any time delays encountered due to incomplete or incorrect submittals shall be the contractor's responsibility. The time delay shall not be grounds for a claim to extend the contact completion date or a claim for costs incurred by the contractor, his subcontractors, or his suppliers.7.2.j.10. There are two methods for the approval of Shop Drawings and catalog sheets the "Division Approval Method" and the "Contractor Approval Method". The item of work shown in the shop drawing shall determine the required approval method. Most projects will contain items of work requiring each method. Design Directive 102 (DD-102) latest version at the time of the bid shall be used to determine which method to use for a particular item of work and where to send each required submission.7.2.k. "Division Approval Method". The contractor shall be responsible for the submission of all shop drawings and catalog sheets, and shall submit two (2) review copies as shown in DD-102. After the division has approved the shop drawings the contractor shall submit nine (9) copies of the shop drawings to the Engineer for verification and distribution.7.2.k.1. The review and approval or rejection of division approved shop drawings will normally require 14 calendar days after receipt of the drawings.7.2.k.2. The verification and distribution of division approved shop drawings will normally require seven (7) calendar days after receipt of the drawings.7.2.l. "Contractor Approval Shop Method". The contractor shall be responsible for the submission of all approved shop drawings and catalog sheets, and shall submit nine (9) copies of all approved shop drawings and catalog sheets to the engineer for distribution. The contractor's engineer shall be responsible for the preparation, review, and approval of all shop drawings and catalog sheets. 7.2.l.1. Each page/sheet of all shop drawings submittals shall be signed by a Professional Engineer Registered in the State of West Virginia. The approving engineer's signature block shall be per the following: "I do hereby certify that the details, materials, methods, and dimensions shown on this document meet the requirements for general arrangement and comply with the contract documents provided by the West Virginia Department of Transportation, Division of Highways for the project.
This certification by the Contractor in no way shall relieve the Manufacturer, Supplier, Fabricator or Sub-Contractor of their Full Responsibility for the product or service provided.
7.2.l.2. Each page/sheet of all catalog sheet submittals shall be signed by a Professional Engineer Registered in the State of West Virginia. The approving engineer's signature block shall be per the following: "I do hereby certify that this product complies with the contract documents provided by the West Virginia Department of Transportation, Division of Highways for the project.
This certification by the Contractor in no way shall relieve the Manufacturer, Supplier, Fabricator or Sub-Contractor of their Full Responsibility for the product or service provided.
7.2.l.3. The contractor's authorized representative may sign and approve catalog sheets when the item on the catalog sheets is identical in every way to the item identified in the approved contract plans. If the item is not identical then the catalog sheets must be signed by a Professional Engineer Registered in the State of West Virginia as stated above. The contractor's authorized representative must have the authority to sign legal binding contracts for the prime contractor. When the contractors' authorized representative signs the certification the following approving signature block shall be used: "I do hereby certify that this product complies with the contract documents provided by the West Virginia Department of Transportation, Division of Highways for the project and is the identical item shown in the approved plans.
This certification by the Contractor in no way shall relieve the Manufacturer, Supplier, Fabricator or Sub-Contractor of their Full Responsibility for the product or service provided.
7.2.l.4. All nine (9) copies of each copy of each page/sheet shall be signed by the same engineer and shall contain the same date. Each revision to individual page/sheet shall be considered a new submittal and shall require nine (9) certified copies. The division will verify the above requirements are met prior to distribution. The division shall return all nine (9) sets on any submittal which does not comply with the requirements of this special provision. The verification and distribution or rejection of contractor approved shop drawings will normally require seven (7) calendar days after receipt of the drawings.7.2.l.5. Additional certifications and/or slightly different wording of the above two certifications may be used if approval is given by the legal division. This approval must be obtained prior to any submission of contractor approved shop drawings. This approval may take up to thirty (30) days to be obtained. If this approval is obtained, a copy of the approval letter must be submitted with the first submission of shop drawings for distribution.7.2.l.6. The division shall reserve the right to review any submission of shop drawings or catalog sheets. This review shall not delay the contractor in the construction project or delay the distribution of the approved shop drawings or catalog sheets.7.3. Conformity with Plans and Specifications. All work performed and all materials furnished shall be in reasonably close conformity with the lines, grades, cross sections, dimensions, and material requirements, including tolerances, shown on the plans or indicated in the specifications.7.3.a. Should the engineer determine the materials, or the finished product do not conform to the specifications or the plans, he or she will then make a determination if the work will be accepted and remain in place in accordance with subdivision 8.3.c.1 and subsection 8.7 of this rule. In this event, the engineer will document the basis of acceptance by contract modification which will provide for an adjusted payment. All nonconforming material or construction judged to be inadequate for the use intended shall be either reworked or removed and replaced at no expense to the division.7.3.b. Each supplemental agreement containing an adjusted price will also have added the sum of two hundred dollars to each adjusted price, for the division's administration costs, to be deducted from monies due the contractor.7.4. Coordination of Plans, Specifications, Supplemental Specifications, and Special Provisions. The specifications, the supplemental specifications, the plans, special provisions, and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy, calculated dimensions will govern over scaled dimensions; supplemental specifications will govern over specifications; plans will govern over specifications and supplemental specifications; special provisions will govern over specifications, supplemental specifications, and plans. When the plans provide that new work is to connect with existing structures, the contractor must verify all dimensions with the engineer before proceeding with the work.7.4.a. The specifications, supplemental specifications, and special provisions are in dual units. The first primary unit is in English with the metric unit following in parentheses "()". The metric values are considered replacements for the English units and they are not conversions.7.4.b. The contractor shall take no advantage of any apparent error or omission in the plans or specifications. In the event the contractor discovers such an error or omission, he or she shall immediately notify the engineer. The engineer will then make such corrections and interpretations as may be deemed necessary for fulfilling the intent of the plans and specifications.7.5. Cooperation By Contractor. The contractor will be furnished a maximum of one (1) complete set of plan and profile sheets and one (1) complete set of cross sections upon request, without charge. The contractor shall maintain on the project at all times one complete set of plans, specifications, and special provisions. 7.5.a. The contractor shall give the work the constant attention necessary to facilitate the progress thereof, and shall cooperate with the engineer, his or her inspectors, other contractors, and utilities in every way possible.7.5.b. The contractor shall have on the work at all times, as his or her agent, a competent superintendent capable of reading and thoroughly understanding the plans and specifications, and thoroughly experienced in the type of work being performed, who shall receive instructions from the engineer or his or her authorized representatives. The superintendent shall have full authority to execute orders or directions of the engineer without delay, and to promptly supply such materials, equipment, tools, labor, and incidentals as may be required. Such superintendence shall be furnished irrespective of the amount of work sublet.7.5.c. The contractor shall furnish to the engineer a list of addresses and telephone numbers of his or her personnel who may be reached in case of emergency during hours when no work is to be performed. On weekends, holidays, during suspensions of work, and during storms the contractor shall alert certain of his or her personnel to stand by and shall inform the engineer of arrangements so made.7.5.d. The contractor shall provide all reasonable facilities and furnish the division the information, assistance and samples required by the engineer and inspector for proper inspecting or testing of materials and workmanship.7.5.e. On some contracts it may be necessary to ensure proper coordination between the work of the contractor and the work of various utilities, to hold a pre-construction utility meeting. The division will arrange for the affected utilities to be present. The contractor or his or her representative, authorized to make decisions for him or her in regard to the scheduling of the proposed work, is required to attend the meeting. A report of the pre-construction utility meeting will be prepared and distributed by the engineer to all represented at the meeting.7.6. Cooperation with Utilities. The division will notify all utility companies, all pipeline owners, or other parties affected, and endeavor to have all necessary adjustments of the public or private utility fixtures, sewers, pipe lines, and other appurtenances within or adjacent to the limits of construction, made as soon as practicable. 7.6.a. Water lines, gas lines, wire lines, sewer lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, 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, except as otherwise provided for in the special provisions or as noted on the plans.7.6.b. Should the contractor desire temporary changes of location for his or her convenience of any utility appurtenances, the contractor shall satisfy the division that the proposed relocation does not interfere with his or her or other contractors' operations of the requirements of the work and does not cause an obstruction or a hazard to traffic. The contractor shall make his or her own request to the utility or other parties affected by such relocation work. Such relocation work shall be made solely at the contractor's expense.7.6.c. Any work done under or within the right-of-way of a railroad shall be under the supervision and control of the chief engineer, or other designated officer, of the railroad to the extent necessary in the judgment of the chief engineer, or other designated officer, to insure safe and uninterrupted operation of its trains and the convenient conduct of its business. Any additional conditions or requirements for doing work within the railroad right-of-way will be set forth in the contract. Provided that the railroad must act in good faith in commencing, proceeding with and concluding the plan review in a meaningful and prompt fashion. Examples of failing to act in good faith, include effecting delay to force terms into either a deed, agreement, or other instrument which violate state law or the state constitution or causing delay upon matters which do not relate to preventing the impeding of rail operations or posing undue safety risks or otherwise ensuring that works are planned to be so constructed as not to impede the passage or transportation of persons, property or commodities. Examples include but are not limited to insisting on direct indemnity by the state or any of its agencies.7.6.d. In general, it is to be understood that the contractor has considered in his or her bid all of the permanent and temporary utility appurtenances in their present or relocated positions as shown on the plans, and that no additional compensation will be made by the State for any delays, inconvenience, or damage sustained by him or her due to interference from the utility appurtenances or the operation of moving them. The locations of the underground utilities shown on the plans have been obtained by diligent field checks and searches of available records. It is believed that they are essentially correct, but the division makes no guarantees as to their exact locations.7.6.e. It is the contractor's responsibility to determine the exact location of each publicly or privately owned utility transmission line (pipeline, conduit, wires, cable, etc.) in project areas where these lines would be interrupted or damaged by performing work. In the event of damage or disruption to utility transmission lines which are active and are to remain in service, the contractor shall immediately notify the owner or the responsible official of the organization operating the lines that are interrupted. The contractor shall assume all costs, charges or claims connected with the interruption and repair of any utility transmission lines damaged by the contractor.7.7. Cooperation Between Contractors. The division reserves the right at any time to contract for and perform other or additional work on or near the work covered by the contract.7.7.a. When separate contracts are let within the limits of any one project, each contractor shall conduct his or her 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 directed.7.7.b. Each contractor involved shall assume all liability, financial or otherwise, in connection with his or her contract and shall protect and save harmless the division from any and all damages or claims that may arise because of inconvenience, delay, or loss experienced by him or her because of the presence and operations of other contractors working within the limits of the same project.7.7.c. The contractor shall arrange his or her work and shall place and dispose of the materials being used so as not to interfere with the operations of the other contractors within the limits of the same project. The contractor shall join his or her work with that of the others in an acceptable manner and shall perform it in proper sequence to that of the others.7.7.d. In the event the engineer finds that further coordination effort is necessary, he or she shall call a meeting of the contractors involved. After the meeting has been held, he or she may notify the contractors of the action required of each and his or her decision shall be final.7.8. Construction Stakes, Lines and Grades. Except when "Construction Layout Stakes" is included in the contract, the engineer will set construction stakes establishing lines, slopes, and continuous profile-grade, together with necessary reference stakes and bench marks. The engineer will set sufficient right-of-way stakes to define right-of-way limits. The engineer will set stakes to mark center line and establish benchmarks for bridges and special structures as may be considered necessary.7.8.a. The stakes and marks in the paragraph above shall constitute field control by and in accordance with which the contractor shall establish all additional stakes and marks necessary to secure a correct layout of all the work. All stakes, except those set by the engineer, shall be furnished by the contractor. The contractor shall not engage the services of any person or persons in the employ of the division for the performance of any of the contractor's layout work.7.8.b. The contractor shall be responsible for having the finished work in reasonably close conformity with the lines, grades elevations, and dimensions called for on the plans or established by the engineer. The contractor shall be held responsible for the preservation of stakes, marks, and references, and shall have them reset at the contractor's expense when they are damaged, lost, displaced, or removed.7.9. Authority and Duties of the Project Engineer or Project Supervisor. The project engineer or supervisor has immediate charge of the engineering details of each construction project. The engineer or supervisor is responsible for the administration and satisfactory completion of the project. The project engineer or supervisor has the authority to reject defective material and to suspend any work that is being improperly performed.7.9.a. The project engineer or supervisor will have the authority to suspend the work wholly or in part due to the failure of the contractor to correct conditions unsafe for the employees or the general public; for failure to carry out provisions of the contract; for failure to carry out orders; for such periods as he or she may deem necessary due to unsuitable weather. All such suspension orders will be directed to the contractor in writing. The suspension of the work for the above reasons does not relieve the contractor of his or her responsibility according to subsection 9.16 of this rule.7.10. Authority and Duties of the Inspector. Inspectors employed by the division will be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the work and to the preparation, fabrication or manufacture of the materials to be used. The inspector is not authorized to alter or waive the provisions of the contract. The inspector is authorized to call the attention of the contractor to any failure of the work or materials to conform to the specifications and contract. The inspector is authorized to reject materials which do not meet specification requirements or suspend the portion of the work involved until any question at issue can be referred to the project engineer or project supervisor. The inspector is not authorized to issue instructions contrary to the plans and specifications. The inspector shall not act as foreman or perform other duties for the contractor, nor interfere with the management of the work by the latter.7.11. Inspection of Work and Materials. All materials and each part or detail of the work shall be subject to inspection by the engineer. The engineer or a representative shall be allowed access to all parts of the work and shall be furnished with such information and assistance by the contractor as is required to make a complete and detailed inspection. To facilitate the inspection of materials, all delivery tickets shall contain as a minimum the information required in MP 700.00.01. 7.11.a. If the engineer requests it, the contractor, at any time before acceptance of the work, shall remove or uncover such portions of the finished work as may be directed. After examination, the contractor shall restore said portions of the work to the standard required by the specifications. Should the work thus exposed or examined prove acceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed will be paid for as extra work; but should the work so exposed or examined prove unacceptable, the uncovering, or removing, and the replacing of the covering or making good of the parts removed shall be at the contractor's expense.7.11.b. Any work done or materials used without supervision or inspection by an authorized division representative may be ordered removed and replaced at the contractor's expense. Failure to reject any defective material or work shall not in any way prevent later rejection when such defects are discovered, nor obligate the division to final acceptance.7.11.c. When any unit of government or political subdivision or any railroad corporation is to pay a portion of the cost of the work covered by this contract, its respective representatives shall have the right to inspect the work. Such inspection shall in no sense make any unit of government or political subdivision or any railroad corporation a party to this contract, and shall in no way interfere with the rights of either party hereunder.7.11.d. No work shall be done at night, Saturdays, Sundays or Holidays without documented prior approval of the engineer.7.12. Removal of Unacceptable and Unauthorized Work. Except as provided in subsection 7.3 of this rule, all work which does not conform to the requirements of the contract is unacceptable work.7.12.a. Unacceptable work, whether the result of poor workmanship, use of defective materials, damage through carelessness or any other cause, found to exist prior to the final acceptance of the work, shall be removed immediately and replaced in an acceptable manner.7.12.b. Unacceptable material shall be removed from the job site. No work shall be done without lines and grades having been given or approved by the engineer. Work done contrary to the instructions of the engineer, work done beyond the lines shown on the plans, or as given, except as herein specified, or any extra work done without authority, will be considered as unauthorized and will not be paid for under the provisions of the contract. Work so done may be ordered removed or replaced at the contractor's expense.7.12.c. Upon failure on the part of the contractor to comply promptly with any order of the engineer, made under the provisions of this subsection, the engineer will have authority to cause unacceptable work to be remedied or removed and replaced and unauthorized work to be removed, and to deduct the costs from any monies due or to become due the contractor.7.13. Load Restrictions. The contractor shall comply with all legal load restrictions in the hauling of materials on public roads. A special permit will not relieve the contractor of liability for damage which may result from the moving of equipment.7.13.a. The operation of equipment of such weight or so loaded as to cause damage to structures or the roadway or to any other type of construction will not be permitted. Hauling of materials over the base course or surface course under construction shall be limited as directed. No loads will be permitted on a concrete pavement, base or structure before the expiration of the curing period. In no case shall legal load limits be exceeded unless permitted in writing. The contractor shall be responsible for all damage done by their own equipment.7.14. Maintenance During Construction. The contractor shall maintain the work during construction and until the project is accepted except as otherwise provided in subdivision 7.16.a. This maintenance shall constitute continuous and effective work prosecuted day by day, with adequate equipment and forces to the end that the roadway and structures are kept in satisfactory condition at all times. 7.14.a. In the case of a contract for the placing of a course upon a course or sub-grade previously constructed, the contractor shall maintain the previous course or sub-grade during all construction operations.7.14.b. All cost of maintenance work during construction and before the project is accepted shall be included in the unit prices bid on the various pay items, and the contractor will not be paid an additional amount for such work except as otherwise provided in subsection 6.5 of this rule.7.15. Failure to Maintain Roadway or Structure. If the contractor, at any time, fails to comply with the provisions of subsection 7.14 of this rule, the engineer will immediately notify the contractor of such non-compliance. If the contractor fails to remedy unsatisfactory maintenance within 24 hours after receipt of such notice, the engineer may immediately proceed to maintain the project, and the entire cost of maintenance will be deducted from monies due or to become due the contractor on their contract.7.16. Acceptance.7.16.a. Partial Acceptance. If at any time during the prosecution of the project, the contractor completes a unit or portion of the project, such as a structure, an interchange, or a section of road or pavement, he or she may request the engineer to make final inspection of that unit. If the engineer finds upon inspection that the unit has been completed in compliance with the contract, he or she may accept that unit as being completed and the contractor may be relieved of further responsibility for that unit. Such partial acceptance shall in no way void or alter any of the terms of the contract.7.16.b. Final Acceptance. Upon due notice from the contractor of presumptive completion of the entire project, the engineer will make an inspection. If all construction provided for and contemplated by the contract is found completed to his or her satisfaction, that inspection will constitute the final inspection. The engineer will make the final acceptance and notify the contractor in writing of this acceptance. Final acceptance will be the date the Contract Completion Report is fully executed by the division. 7.16.b.1. If, however, the inspection disclosed any work, in whole or in part, as being unsatisfactory, the engineer will give the contractor the necessary instruction for correction of same in writing, and the contractor shall immediately comply with and execute such instructions. Upon correction of the work, another inspection will be made which will constitute the final inspection provided the work has been satisfactorily completed. In such event, the engineer will make the final acceptance and notify the contractor in writing of this acceptance. Final acceptance will be the date the Contract Completion Report is fully executed by the division.7.17. Claims for Adjustment and Disputes. If additional compensation is considered due for work or material not covered in the contract, written notification of the intent to make a claim under subsection 6.9 shall be given to the engineer before beginning or continuing the affected work.7.17.a. The Engineer will respond as described under subsection 6.9 following notification. The contractor shall provide necessary cooperation and information to the engineer during the period of notification, review, and evaluation to provide possible resolution of the contract question and avoid, if possible, further claim process actions.7.17.b. If notification is not given, or the contractor does not afford the engineer proper facilities for keeping strict account of actual costs, the contractor waives any claim for additional compensation. Notice by the contractor, and the fact that the engineer has kept account of the costs shall not be construed as substantiating the validity of the claim. An equitable adjustment will be made to the contract if the claim is found to have merit.7.17.c. Claim submittals shall be in sufficient detail to enable the engineer to determine the basis for entitlement and the resulting costs. The following information if available, should accompany each claim submitted:7.17.c.1. Detailed factual statement of the claim providing all necessary dates locations, and items of work affected by the claim.7.17.c.2. The date actions resulting in the claim occurred or conditions resulting in the claim became evident.7.17.c.3. A copy of the "Notice of Potential Claim" form (available from the division), filed by the contractor for the specific claim.7.17.c.4. The name, title, and activity of each department employee knowledgeable for the specific claim.7.17.c.5. The name, title, and activity of each contractor employee knowledgeable about the facts that gave rise to such claim.7.17.c.6. The specific provisions of the contract that support the claim, and a statement why the provisions support the claim.7.17.c.7. The identification of any pertinent documents, and the substance of any material communications relating to the claim.7.17.c.8. A statement whether the additional compensation or extension of time is based on the provisions of the contract or an alleged breach of contract.7.17.c.9. If an extension of time is also sought, the specific days for which it is sought and the basis for such claim as determined by an analysis of the construction schedule.7.17.c.10. The amount of additional compensation sought and a breakdown of that amount.7.17.d. Required Certification of Claims. The claim submittal shall include the contractor's written certification, under oath, attesting to the following:7.17.d.1. The claim is made in good faith.7.17.d.2. Supportive data is accurate and complete to the contractor's best knowledge and belief.7.17.d.3. The amount of the claim accurately reflects the contractor's actual cost incurred.7.17.e. In complying with this requirement, the contractor shall use the following certification: Under penalty of law for perjury or falsification, the undersigned ___________________ (Company), hereby certifies that the claim for extra compensation and time, if any, made herein for work on this Contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the Contract between the parties this ________ day of __________, _______.
_______________________(Company)
By_____________________________
Its_____________________________
ATTEST:
By_____________________________
Its_____________________________
7.17.f. Review of Claims. All claims filed will be subject to review by the division at any time following the claim filing, whether or not the claim is part of a suit pending in the courts of this state. The review may begin upon submission. The contractor, subcontractor(s), or supplier(s) shall cooperate with the division and shall, at a minimum, provide access to the following documents of the contractor, subcontractor(s), its/their subsidiaries, separate divisions, and affiliates if said documents are available:7.17.f.1. Daily time sheets and foreman's daily reports.7.17.f.2. Union agreements if any.7.17.f.3. Insurance, welfare, and benefits records.7.17.f.4. Payroll register.7.17.f.5. Earnings records.7.17.f.6. Payroll tax returns.7.17.f.7. Material invoices, purchases orders, and all material and supply Acquisition Contracts.7.17.f.8. Material cost distribution worksheets.7.17.f.9. Equipment records (list of company equipment, rates, etc.).7.17.f.10. Vendor rental agreements and subcontractor invoices.7.17.f.11. Subcontractor payment certificates.7.17.f.12. Canceled checks (payroll and vendors).7.17.f.13. Job cost report.7.17.f.14. Job payroll ledger.7.17.f.15. General ledger, general journal, (if used) and all subsidiary ledgers and journals together with all supporting documentation pertinent to entries made in these ledgers and journals.7.17.f.16. Cash disbursements journal.7.17.f.17. Depreciation records on all company equipment.7.17.f.18. All other documents used to develop costs for the contractor's internal purposes in establishing the actual cost of owning and operating equipment.7.17.f.19. All documents related to the preparation of the contractor's bid including the final calculations on which the bid was based.7.17.f.20. Worksheets used to prepare the claim, establishing the cost components for items of the claim including, but not limited to, labor, benefits and insurance, materials, equipment, subcontractors, and all documents that establish the time periods, individuals involved, the hours and the rates for the individuals.