2010 Construction and Material Specifications - Ohio Department of ...

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104.03
Work. The adjustment will be determined according to 109.04 and 109.05. Such
payment will not exceed the price of the Contract Item.
The Department will not seek a savings for maintaining traffic, mobilization,
and construction layout stakes items for Eliminated Items of Work, unless there is
a significant change.
F. Extra Work. Perform Extra Work as directed by the Engineer. The
Department will pay for Extra Work as specified in 109.05. Time extensions, if
warranted, will be determined according to 108.06.
G. Unilateral Authority to Pay. The Department has unilateral authority to
pay the contractor sums it determines to be due to the contractor for work
performed on the project. This unilateral authority to pay by the Department does
not preclude or limit the rights of the Department and the contractor to negotiate
and agree to the amounts to be paid to the contractor.
104.03 Rights in and Use of Materials Found on the Work. Upon obtaining
the Engineer’s approval, the Contractor may use material, such as stone, gravel, or
sand, found in the plan excavation for another Contract Item. The Department will
pay for both the excavation of the material under the corresponding Contract Item
and for the placement of the excavated material under the Contract Item(s) for
which the excavated material is used. Excavate or remove material only from
within the grading limits, as indicated by the slope and grade lines.
Obtain written permission from the Engineer according to 107.11.A.
104.04 Cleaning Up. Maintain the Project in a presentable condition. Remove
all rubbish, layout stakes, sediment control devices as directed by the Engineer,
excess material, temporary structures, and equipment, including stream channels
and banks within the Right-of-Way at drainage structures, and all borrow and
waste areas, storage sites, temporary plant sites, haul roads, and other ground
occupied by the Contractor in connection with the Work. Establish suitable
vegetative cover in these areas by seeding and mulching according to Item 659,
except for cultivated fields. Leave the Project site in an acceptable condition as
determined by the Engineer. The cost of cleanup is incidental to all contract items.
The Department may withhold 10 percent of the Bid amount for the mobilization
contract item, if included, until performance under this section is complete. See
624.04.
104.05 Contractor Notification, Continuation of Work, Disputes and
Claims. Exhaust the Department’s Dispute Resolution and Administrative Claim
process as set forth below prior to seeking additional compensation or contract
time by filing an action in the Ohio Court of Claims. The following procedures do
not compromise the Contractor’s right to seek relief in the Ohio Court of Claims.
All parties to the dispute must adhere to the Dispute Resolution and
Administrative Claim process. Do not contact Department personnel who are to
be involved in a Step 2 or Step 3 review until a decision has been issued by the
previous tier. Department personnel involved in Step 2 or Step 3 reviews will not
consider a dispute until the previous tier has properly reviewed the dispute and
issued a decision.