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.
The Engineer’s acceptance does not constitute a waiver of the Department’s right to pursue any and all legal remedies for defective work or work performed by the Contractor in an unworkmanlike manner.
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.
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.
Unless otherwise indicated, 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 101.03. 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 descending order of precedence:
B. Proposal and Special Provisions.
D. Supplemental Specifications.
E. Standard Construction Drawings.
F. Standard Specifications.
Immediately notify the Engineer upon discovering any latent 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 for the Project that is available and responsive at all times and is responsible for all aspects of the Work, 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.
Any action or inaction of the Inspector does not constitute a waiver of the Department’s right to pursue any and all legal remedies for defective work or work performed by the Contractor in an unworkmanlike manner.
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 shall have the discretion to dictate the level of inspection for any item of work. The Contractor bears sole responsibility for the quality of work and compliance with the contract regardless of the Department’s level of inspection.
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 formally 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.
105.13 Haul Roads. Prior to hauling equipment or materials, provide written notification to the Engineer of the specific roads or streets on the haul route. If the haul route includes roads and streets that are not under the jurisdiction and control of the State and the DCE determines that State 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 state controlled 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.
G. Temporary Sediment and Erosion Control BMPs required for compliance under the Clean Water Act, Ohio Water Pollution Control Act, (OWPCA) (ORC Chapter 6111) and the NPDES permit.
Perform all engineering necessary to ensure long term stability of all side slopes and foundations of all borrow and waste areas. Furnish a certification by a Registered Engineer attesting to the stability of all borrow and waste areas. All damage resulting from the instability of borrow and waste areas, the removal of borrow materials, the placement of waste materials, or the hauling of material to and from these areas is the sole responsibility of the Contractor. Repairs to approved haul roads will be made in accordance with 105.13.
Ensure that all side slopes of all borrow and waste areas are beyond the clear zone for the highway as defined by the current version of the Department’s Location and Design Manual.
Ensure that all side slopes of all waste areas do not reduce horizontal sight distance as defined by the current version of the Department’s Location and Design Manual.
Have the proposed borrow and waste areas reviewed by an environmental consultant that is pre-qualified by the Department for ecological work. Have the environmental consultant certify that the proposed borrow and waste operations will not impact the “Waters of the United States” or an isolated wetland. If consultant certification is not provided, obtain the 404/401 permits necessary to perform the operations as proposed. Have the environmental consultant certify that the work conforms to the requirements of the permit(s). Provide all documentation submitted to obtain the appropriate permit(s) and a copy of the permit(s) to the Department’s Office of Environmental Services.
If burning is permitted under the OAC-3745-19 and ORC 1503.18, submit a copy of the Ohio EPA permit and the Ohio DNR permit to the Engineer and copies of all information used to obtain the permit.
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.
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.
The allowed use of Project Right-of-Way and other Department property for borrow and waste is detailed in 104.03 and 107.11.
Borrow and Waste Area shall adhere to 107.10.
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.
105.18 Acceptance. The Department will accept Work according to 109.12 or completed sections of the Project according to 109.11.
105.19 Value Engineering Change Proposals. The Department will consider the Contractor’s submission of a Value Engineering Change Proposal (VECP) which will reduce construction costs on projects that do not contain Design Build provisions or incentive provisions based on time. The purpose of this provision is to encourage the use of the ingenuity and expertise of the Contractor in arriving at alternate plans, specifications or other requirements of the contract. Savings in construction costs will be shared equally between the Contractor and the Department. The Contractor’s costs for development, design and implementation of the VECP are not eligible for reimbursement. The VECP must not impair any of the essential functions and characteristics of the project such as service life, reliability, economy of operation, ease of maintenance, safety and necessary standardized features. The submission of the value engineering change proposal shall conform with the current Guidelines on Value Engineering Change Proposals adopted by the Director. Acceptance of a VECP is at the sole discretion of the Director.
The Department will not approve VECPs with any of the following characteristics:
A. Consist only of non-performing items of work contained in the plans.
B. Include plan errors identified by the Contractor as part of the cost reduction.
C. The VECP designer/consultant for the Contractor is also the designer of record for ODOT.
D. Changes the special architectural aesthetic treatments of structures.
E. Changes the design or thickness of cast-in-place concrete decks.
F. Changes the cross section of geometric design features such as, but not limited to, bridge width, vertical clearance, horizontal clearance, shoulder width.
G. Requires concrete beams to be installed with less than 17' vertical clearance over a state highway.
H. Changes the design of overhead sign supports and breakaway sign supports.
I. Changes the type of noise barriers.
J. Changes the type or buildup of permanent pavement.
K. Changes prescribed sequence of operations for the work as originally contemplated and/or the method for maintaining traffic.
L. Compromises controlling design criteria or would require a design exception as discussed in Volume I, Section 100, of the Location and Design Manual.
M. Includes cost savings based on revisions of utility relocations or other similar items to be done by other non-contract parties.
N. Causes additional work, increases the cost, or causes modifications to adjacent projects.
Engineering and drawing development and implementation costs for the VECP are not recoverable.
The Contractor shall have no claim against the Department for any costs or delays due to the Department’s review or rejection of the initial VECP.
If the Department already is considering revisions to the contract which are subsequently proposed as a VECP, the Department may reject the Contractor’s initial VECP or portions thereof and may proceed with such revisions without any obligations to the Contractor.