The engineer is the project technical adviser during construction. When construction is progressing according to plan, they should not interfere. However, when construction is stopped due to an unforeseen technical problem, they must resolve the problem as quickly as possible so that work may be resumed. The engineer’s decision must not only be in accordance with the intent of the plans and specifications, but it must also be equitable to the City and the contractor. The engineer’s duties during construction are summarized as follows:
- To make design changes and prepare change orders necessary to correct changed conditions revealed during construction.
- To approve or disapprove alternate materials or articles of construction when so requested by the contractor.
- To interpret the plans and specifications when they are found to be in conflict, or their intent is found to be obscure.
- To keep the Division Engineer or District Engineer posted on the progress and problems of the project.
- To observe and learn from problems which occur during construction, to improve future designs.
See also Section E 020B, Standard Specifications, 1970 Edition, Sections 2 and 3.
E 713.1 Change of Design
These changes are required whenever field conditions on the project subject to City inspection are such that construction cannot be performed according to the contract documents. See Section E 722, Contract Documents. Design changes during construction are issued as change orders in accordance with Subsection E 733.1, Change Orders. It is the general policy of the City to restrict changes to those required to complete the work contemplated at the time the contract documents were approved.
The City Engineer or his representative is the only person authorized to make a design change. However, no work beyond the scope of the project should be authorized by the engineer. Only such changes as those necessary to correct unanticipated conditions which affect the construction, or corrections required to ensure the proper functioning of the facility, are acceptable alterations. The contractor, the inspector, and the engineer should anticipate the required changes far enough in advance of construction to allow for the preparation and issuance of a change order with a minimum stoppage of work. The engineer should not depend on changing orders to correct an oversight or improper design known prior to construction. Such changes should be corrected before the receiving of the bids by the City rather than during construction. See Sections E 731, Prior To Advertising For Bids and E 732, Prior to Receiving Bids and After Advertising for Bids.
The engineer in resolving a design change should be aware of the contractor’s problems as well as the terms of the contract documents. See Section E 722, Contract Documents. A discussion with the contractor and the inspector should reveal to the engineer all aspects of the difficulty. Also, a review of the contractor’s bid prices and extra work prices should resolve the question of whether the cost of the change must be negotiated with the contractor. Any unusual aspects of a proposed change should be brought to the attention of the Change Order Section of the Coordinating Division to ensure consistency in this Bureau’s approach to and solution of the problem.
E 713.2 Approval of Alternate Materials
For convenience, certain materials or articles of construction may be designated on the plans or in the specifications by a manufacturer’s name or trade name with the phrase or equivalent added. Subject to the approval of the engineer, this phrase allows the use of alternatives of equal quality which have the required characteristics of the article named. All materials or articles should be new and unused except when otherwise specifically authorized by the plans or specifications. The engineer must investigate the product to satisfy himself that the alternative is of comparable quality and suitability to the original product. This may be done by reviewing the manufacturer’s specifications, by comparing the product to the City’s standard specifications, or by visual inspection. See Section E 020B. (Also, he may request the assistance of the Bureau of Standards.)1 They should diligently pursue their investigation to approve or disapprove a product or article to present delaying work if possible.
The contractor may be required to furnish information about or tests of the product or article at his own expense. It is the contractor’s responsibility to request approval far enough in advance of construction to allow for a proper investigation.
E 713.3 Interpretation
As the project technical adviser, the engineer makes all interpretations of the contract documents. See Section E 722, Contract Documents. In the event of a discrepancy between these documents, or a question as to their intent, their decision will be final. In making such decisions, they must consider the contractor’s viewpoint as well as the City’s, endeavoring to make his decisions fair and just to all parties concerned. He should base his decisions upon the rules of reason and prudence, avoiding decisions based upon the mere existence of a doubt or upon technicalities. ln case the question arises which of two contract documents should control, the order of precedence given in Section 2-5.2 of the Standard Specifications, 1970 Edition, should be consulted. See Sections E 020B and E 722, Contract Documents.
E 713.4 Construction Progress
Each Design Division or District Engineer should arrange in person or through responsible members of his staff to visit projects during construction to secure full information as to the acceptability of the work performed. This inspection should be made at important stages of construction. Upon discovery of any deficiencies or irregularities, the engineer should inform the inspector immediately or, upon his return to his office, instruct the Bureau of Contract Administration to notify the inspector so that the deficiencies or irregularities can be immediately corrected. They should keep records on file indicating conditions observed and keep their superiors fully informed of all important facets of the work. Refer also to Section E 740, Final Inspection. The Bureau of Contract Administration’s daily assignment sheet for job progress should be used. Corrections may be less costly during rather than after completion of construction.
Footnotes
- The text in parenthesis is from the legacy Street Design Manual text and is no longer in use.
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