105 CONTROL OF WORK
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 un-workmanlike 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 DCA determines the Work is not in reasonably
close conformity with the Contract Documents and determines the Contractor
produced reasonably acceptable Work, the DCA may
accept the Work based on engineering judgment. The DCA
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 DCA 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:
A.
Addenda.
B.
Proposal and Special Provisions.
C.
Plans.
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.
If
the contractor is directed by a utility company to perform any work not
specifically contained in this note, the Department will not compensate the
contractor for this work unless the Department approves the request in writing
before the work begins. If the work is not preapproved by the Department,
the contractor will be responsible for obtaining reimbursement for its work
from the utility company which directed the contractor to perform the work.
In
the event that the contractor requests that additional work, not specifically
contained in this note, be performed by a utility company, the contractor will
be responsible for reimbursing the utility company for the additional work
unless the Department has agreed in writing to pay for the additional work
before the work begins.
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 un-workmanlike 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 DCA 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 DCA 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 DCA 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 DCA 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 DCA.
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.
Perform
all engineering, including any field investigation, necessary to ensure long
term stability of all side slopes and foundations of all borrow and waste
areas.
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 Partner with the Contractor by considering the Contractor’s
submission of a Value Engineering Change Proposal (VECP) which will reduce
construction costs and possibly time 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 and possibly time 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 Supplement
1113. 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 to any special architectural or aesthetic treatments.
E.
Requires concrete beams to be installed with less than 17' vertical clearance
over a state highway.
F.
Changes the type or buildup of permanent pavement.
G. Compromises controlling
design criteria or would require a design exception as discussed in Volume I,
Section 100, of the Location and Design Manual.
H. Proposes a time
savings for any project which has an Incentive / Disincentive clause, which was
awarded based on A+B Bidding or Lane Rental.
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.