105.01 Authority of the Engineer. The Engineer will decide questions concerning all of the following:
A. The quality and acceptability of Materials furnished.
B. The quantity of Work performed.
C. The Contractor’s rate of progress.
D. The interpretation of the Contract Documents.
E. Acceptable fulfillment of the Contract.
F. Contractor compensation.
The Engineer may suspend all or part of the Work when the Contractor fails to correct conditions that are unsafe for the workers or the general public, fails to comply with the Contract Documents, or fails to comply with the Engineer’s orders. The Engineer may suspend the Work due to adverse weather conditions, conditions considered adverse to the prosecution of the Work, or other conditions or reasons in the public interest.
105.02 Plans and Working Drawings. The Plans show details of structures, the lines and grades, typical cross-sections of the Roadway, and the location and design of structures. Keep at least one set of Plans at the Project at all times.
When required to control the Work, supplement the Plans with working drawings. Prepare working drawings when required by the Contract Documents and after verifying applicable field and plan elevations, dimensions, and geometries. Where Work consists of repairs, extension, or alteration of existing structures, take measurements of existing structures to accurately join old and new Work.
The Department will review working drawing submittals to ensure conformance with the Contract and to provide the Contractor a written response to document the results of its review as follows:
A. “ACCEPTED.” The Department accepts the submittal for construction, fabrication, or manufacture.
B. “ACCEPTED AS NOTED.” The Department accepts the submittal for construction, fabrication, or manufacture, subject to the Contractor’s compliance with all Department comments or corrections to the submittal. If also marked “RESUBMIT,” the Department still accepts the submittal, but requires the Contractor to provide a corrected submittal to the Department.
C. “NOT ACCEPTED.” The Department does not accept the submittal. The submittal does not conform to Contract requirements. Do not begin construction, fabrication, or manufacture of Work included in the submittal. Revise the submittal to comply with Department comments or corrections and Contract requirements and provide the revised submittal to the Department for another review.
The Department’s acceptance will not relieve the Contractor of responsibility to complete the Work according to the Contract. Include the cost of furnishing working drawings in the cost of the Work they cover.
105.03 Conformity with Contract Documents. Perform all Work and furnish all Materials in reasonably close conformity with the lines, grades, cross-sections, dimensions, and material requirements as shown on the Plans and as specified.
If the DCE determines the Work is not in reasonably close conformity with the Contract Documents and determines the Contractor produced reasonably acceptable Work, the DCE may accept the Work based on engineering judgment. The DCE will document the basis of acceptance in a Change Order that provides for an appropriate adjustment to the Contract Price of the accepted Work or Materials.
If the DCE determines the Work is not in reasonably close conformity with the Contract Documents and determines the Work is inferior or unsatisfactory, remove, replace, or otherwise correct the Work at no expense to the Department.
105.04 Coordination of the Contract Documents. The Contract Documents are those defined in 101.01. A requirement appearing in one of these documents is as binding as though it occurs in all. The Engineer will resolve discrepancies using the following order of precedence:
B. Proposal and Special Provisions.
D. Supplemental Specifications.
E. Standard Construction Drawings.
F. Standard Specifications.
Immediately notify the Engineer upon discovering an error or omission in the Contract Documents.
105.05 Cooperation by Contractor. The Department will supply the Contractor with two sets of the Contract Documents, except for the standard construction drawings, which will only be supplied if requested. The Department will provide only one copy of these Specifications.
Provide the constant attention necessary to progress the Work according to the Contract Documents. Cooperate with the Engineer, inspectors, and all other contractors on or adjacent to the Project.
105.06 Superintendent. Provide a Superintendent on the
Project at all times
, irrespective of the amount of subcontract
Work. The Superintendent must be capable
of reading and understanding the Contract Documents and experienced in the type
of Work being performed. The
Superintendent shall receive instructions from the Engineer or the Engineer’s authorized
representatives. The Superintendent
shall promptly execute the Engineer’s orders or directions and promptly supply
the required materials, equipment, tools, labor, and incidentals.
105.07 Cooperation with Utilities. Unless otherwise provided for by the Contract Documents, the Department will direct the utility owners to relocate or adjust water lines, gas lines, wire 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 at no cost to the Contractor.
The Contract Documents will indicate various utility items and indicate a time frame or date when the Department expects the owners to complete utility relocation or adjustment. Provide utility owners adjusting facilities during construction with adequate notification of the scheduled Work to prevent conflict with the Contractor’s schedule of operations.
When bidding, consider all permanent and temporary utility appurtenances in present and relocated positions as shown in the Contract Documents.
According to ORC 153.64 and at least 2 Workdays prior to commencing construction operations in an area that may affect underground utilities shown on the Plans, notify the Engineer, the registered utility protection service, and the owners that are not members of the registered utility protection service.
The owner of the underground utility shall, within 48 hours, excluding Saturdays, Sundays, and legal holidays, after notice is received, start staking, marking, or otherwise designating the location, course, ±2 feet (±0.6 m), together with the approximate depth of the underground utilities in the construction area.
If the utility owners fail to relocate or adjust utilities as provided for in the Contract Documents and the Contractor sustains losses that could not have been avoided by the judicious handling of forces, equipment, and plant, or by reasonable revisions to the schedule of operations, then the Engineer will adjust the Contract according to 108.06 and 109.05.
105.08 Cooperation Between Contractors. At any time, the Department may contract for other work on or near the Project.
Separate contractors working within the limits of the Project shall conduct their work without interfering with or hindering the progress or completion of Work being performed by other contractors and shall cooperate with each other as directed by the Engineer.
105.09 Authority and Duties of the Inspector. Inspectors are authorized to inspect the Work and the preparation, fabrication, or manufacture of materials. Inspectors are not authorized to alter or waive requirements of the Contract Documents. Inspectors are authorized to notify the Contractor of Work that does not conform to the Contract; reject materials that do not conform to Specification requirements; and until the issue is decided by the Engineer, suspend portions of the Work if there is a question regarding the Contract Documents, use of unapproved material, or safety. Inspectors are not obligated or authorized to provide direction, superintendence, or guidance to the Contractor, its crew, its subcontractors, or suppliers to accomplish the Work.
105.10 Inspection of Work. The Engineer may inspect materials and the Work. Provide the Engineer or the Engineer’s representative access to the Work, information, and assistance necessary to conduct a complete inspection. Notify the Engineer at least 24 hours prior to all required inspections.
When directed by the Engineer, remove or uncover completed Work to allow inspection. After the Engineer’s inspection, restore the Work according to the requirements of the Contract Documents. If the inspected Work conformed to the requirements of the Contract Documents, the Department will pay for uncovering or removing and restoring the Work as Extra Work according to 109.05. If the inspected Work did not conform to the Contract Documents, the Department will not pay for uncovering or removing and restoring the Work.
The Department’s failure to identify defective Work or material shall not, in any way, prevent later rejection when defective Work or material is discovered, or obligate the Department to grant acceptance under 109.11 or 109.12.
Inspection of Work may include inspection by representatives of other government agencies or railroad corporations that pay a portion of the cost of the Work. This inspection will not make other government agencies or railroad corporations a party to the Contract and will not interfere with the rights of the Contractor or Department.
105.11 Removal of Defective and Unauthorized Work. Work that does not conform to the requirements of the Contract is defective.
Unless the Department accepts defective Work according to 105.03, immediately remove and replace defective Work
Unauthorized Work is Work done contrary to the instructions of the Engineer, beyond the plan lines, or any extra work done without the Department’s permission. The Department will not pay for unauthorized Work. The Engineer may order the Contractor to remove or replace unauthorized Work at no expense to the Department.
If the Contractor fails to comply with the Engineer’s orders under the provisions of this subsection, the DCE may correct or remove and replace defective or unauthorized Work and deduct the costs from the Contract Price.
105.12 Load Restrictions. Comply with all legal load restrictions when hauling materials on public roads.
Operate equipment of a weight or so loaded as to not cause damage to structures, to the roadway, or to other types of construction. Comply with subsection 501.05.B.6 for allowed loads on bridges.
Do not use off road vehicles on bases or pavements unless permitted by the DCE in writing.
Do not haul on concrete pavement, base, or structures before the expiration of the curing period.
Do not exceed the legal load limits in this section unless permitted by the Director in writing.
-controlled roads are not available or
practical for a haul route, the Contractor may use local roads and streets that are not
restricted by local authorities. If the
DCE determines that statecontrolled
roads are available and practical for a haul route, revise the proposed haul
route provided in the original written notification and resubmit to the DCE.
If the Engineer determines that haul route roads were properly used during construction to haul equipment and materials and that the haul route roads were damaged, then the Engineer may order the Contractor to perform immediate and practical repairs to ensure reasonably normal traveling conditions. The Engineer will pay for repairs according to applicable provisions of 109.04 and 109.05.
The Contractor shall not file a claim for delays or other impacts to the Work caused by disputes with the local authorities regarding the use of local roads or streets as haul routes. The Contractor shall save the State harmless for any closures or hauling restrictions outside the Project limits beyond the control of the Department.
105.14 Maintenance During Construction. Maintain the Work during construction and until Final Inspector accepts the work under 109.12, except for portions of the Work accepted under 109.11. The Contractor is responsible for damage done by its equipment.
Maintain the previous courses or subgrade during all construction operations, when placing a course upon other courses of embankment, base, subgrade, concrete or asphalt pavement, or other similar items previously constructed. This maintenance includes, but is not limited to draining, re-compacting, re-grading, or if destroyed, the removal of Work previously accepted by the Department.
Maintain the Post Construction Storm Water Best Management Practice (BMP) features. Prevent sediment laden surface water from coming in contact with the BMP features during construction.
Maintain the Work during construction and before acceptance of the Work under 109.12, except for portions of the Work accepted under 109.11. The Department will not provide additional compensation for maintenance work.
105.15 Failure to Maintain Roadway or Structure. If the Contractor, at any time, fails to comply with the provisions of 105.14, the Engineer will immediately notify the Contractor of such noncompliance. 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 deduct the entire cost of this maintenance from monies due or to become due the Contractor on the Contract.
105.16 Borrow and Waste Areas. Prior to beginning borrow or wasting operations, obtain the Engineer’s written approval of a detailed operation plan that addresses the following concerns:
A. Control of drainage water.
B. Cleanup, shaping, and restoration of disturbed areas.
C. Disposal of regulated materials.
D. Avoidance of regulated areas.
E. Excavation and filling of waste and borrow areas.
F. Saving of topsoil.
Do not waste material
and discharge dredge or fill materials into the “Waters of the
Cultural resource areas known to the Department will be identified in the Contract Documents or the information will be provided to the Contractor upon the Contractor’s written request. Do not waste or borrow material from a cultural resource site identified by the Department or sites the Department determines are eligible for the National Register of Historic Places. For sites found to have historic or prehistoric human remains, comply with the requirements of ORC 2909.05 and 2927.11.
If the Contract Documents require a cultural resource investigation, use an environmental consultant prequalified by the Department for cultural resource investigations to review and certify that the waste or borrow site:
A. does not impact a cultural resource;
B. is not a cultural resource;
C. is not eligible for the National Register of Historic Places; or
D. does not consist of historic or prehistoric human remains.
Prior to the disposal of waste materials, submit to the Department an executed copy of the Contract or permission statement from the property owner. The Contract or permission statement must indicate that the waste materials are not the property of the Department. Further, it must expressly state that the Department is not a party to the Contract or permission statement and that the Contractor and property owner will hold the Department harmless from claims that may arise from their contract or permission statement.
Restoration of all borrow or waste areas includes cleanup, shaping, replacement of topsoil, and establishment of vegetative cover by seeding and mulching according to 104.04 and Item 659. Ensure the restored area is well drained unless approval is given by the Engineer to convert a pit area into a pond or lake, in which case confine restoration measures to the disturbed areas above the anticipated normal water level. The cost of work described herein is incidental to the Contract.
Ensure that any proposed waste location is not within the FEMA mapped 100-year floodplain.
If the proposed waste location is within the FEMA mapped 100-year floodplain, submit written approval from the local floodplain coordinator for the site. The floodplain coordinator contacts for each county are available through the Ohio Department of Natural Resources, Division of Water, (614) 265-6750.
For waste sites shown on the plan, the plan will indicate if the clearances have or have not been obtained for the project right-of-way locations. No extension of time or additional compensation will be paid for any delays due to not having the written permit(s) to waste in a floodplain.
105.17 Construction and Demolition Debris. OAC-3745-37, OAC-3745-400, and ORC Chapter 3714 regulates the use and disposal of construction and demolition debris. Notify the local Board of Health or the local Ohio EPA office 7 days before placing clean hard fill off the Right-of-Way. Submit copies of this notification to the Engineer.
Legally dispose of debris containing wood, road metal, or plaster at a licensed construction and demolition debris site.
Under the regulations cited above the disposal of brush, trees, stumps, tree trimmings, branches, weeds, leaves, grass, shrubbery, yard trimmings, crop residue, and other plant matter is restricted. If allowed by the Contract Documents, the Contractor may waste brush, trees, stumps, tree trimming, branches, weeds, leaves, grass, shrubbery, yard trimmings, crop residue, and other plant matter within the Right-of-Way. Otherwise, submit a plan and any required permits to legally dispose of these materials off the Right-of-Way to the Engineer. Provide all documents submitted to obtain this permit to the Engineer.
If the Project contains garbage or solid and hazardous waste, the Contract Documents will detail the removal of these items.
When wasting PCC, mix the PCC with at least 30 percent natural soil to construct an inner core in the waste area. Cover this inner core with 3 feet (1.0 m) of natural soil on the top and 8 feet (2.4 m) on the side slopes. Place and compact the material according to 203.06.D to prevent future settlement and sliding.
When the wasting of clean hard fill is allowed, comply with all the requirements of this subsection and 105.16.