2010 Construction and Material Specifications - Ohio Department of ...
2010 Construction and Material Specifications - Ohio Department of ... 2010 Construction and Material Specifications - Ohio Department of ...
105.01 2. Alternative Dispute Resolution (ADR). In lieu of the Board hearing, the Contractor may opt to proceed through an Alternative Dispute Resolution (ADR) Process. The Department will choose either binding arbitration as defined by ORC 5525.23 or mediation in the manner in which those methods are practiced by the Department and allowed by law. The Claims Coordinator will coordinate the agreement of the parties to the ADR method, and the selection of a neutral third party or technical expert. The fees of the neutral third party or technical expert will be shared equally between the Department and the Contractor. The Claims Coordinator will obtain a written agreement, signed by both parties, that establishes the ADR process. The neutral third party or technical expert will have complete control of the claim upon execution of the ADR agreement. H. Interest on Claims. The Department will pay interest in accordance with ORC Section 5703.47 on any amount found due on a claim which is not paid within 30 days of the Claims Coordinator's Receipt of the Certified Claim. 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 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 24
25 105.03 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: A. Addenda. B. Proposal and Special Provisions. C. Plans. D. Supplemental Specifications. E. Standard Construction Drawings.
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105.01<br />
2. Alternative Dispute Resolution (ADR). In lieu <strong>of</strong> the Board hearing,<br />
the Contractor may opt to proceed through an Alternative Dispute Resolution<br />
(ADR) Process. The <strong>Department</strong> will choose either binding arbitration as defined<br />
by ORC 5525.23 or mediation in the manner in which those methods are practiced<br />
by the <strong>Department</strong> <strong>and</strong> allowed by law.<br />
The Claims Coordinator will coordinate the agreement <strong>of</strong> the parties to the<br />
ADR method, <strong>and</strong> the selection <strong>of</strong> a neutral third party or technical expert. The<br />
fees <strong>of</strong> the neutral third party or technical expert will be shared equally between<br />
the <strong>Department</strong> <strong>and</strong> the Contractor. The Claims Coordinator will obtain a written<br />
agreement, signed by both parties, that establishes the ADR process. The neutral<br />
third party or technical expert will have complete control <strong>of</strong> the claim upon<br />
execution <strong>of</strong> the ADR agreement.<br />
H. Interest on Claims. The <strong>Department</strong> will pay interest in accordance with<br />
ORC Section 5703.47 on any amount found due on a claim which is not paid<br />
within 30 days <strong>of</strong> the Claims Coordinator's Receipt <strong>of</strong> the Certified Claim.<br />
105 CONTROL OF WORK<br />
105.01 Authority <strong>of</strong> the Engineer. The Engineer will decide questions<br />
concerning all <strong>of</strong> the following:<br />
A. The quality <strong>and</strong> acceptability <strong>of</strong> <strong>Material</strong>s furnished.<br />
B. The quantity <strong>of</strong> Work performed.<br />
C. The Contractor’s rate <strong>of</strong> progress.<br />
D. The interpretation <strong>of</strong> the Contract Documents.<br />
E. Acceptable fulfillment <strong>of</strong> the Contract.<br />
F. Contractor compensation.<br />
The Engineer may suspend all or part <strong>of</strong> the Work when the Contractor fails to<br />
correct conditions that are unsafe for the workers or the general public, fails to<br />
comply with the Contract Documents, or fails to comply with the Engineer’s<br />
orders. The Engineer may suspend the Work due to adverse weather conditions,<br />
conditions considered adverse to the prosecution <strong>of</strong> the Work, or other conditions<br />
or reasons in the public interest.<br />
The Engineer’s acceptance does not constitute a waiver <strong>of</strong> the <strong>Department</strong>’s<br />
right to pursue any <strong>and</strong> all legal remedies for defective work or work performed by<br />
the Contractor in an unworkmanlike manner.<br />
105.02 Plans <strong>and</strong> Working Drawings. The Plans show details <strong>of</strong> structures,<br />
the lines <strong>and</strong> grades, typical cross-sections <strong>of</strong> the Roadway, <strong>and</strong> the location <strong>and</strong><br />
design <strong>of</strong> structures. Keep at least one set <strong>of</strong> Plans at the Project at all times.<br />
Prepare working drawings when required by the Contract Documents <strong>and</strong> after<br />
verifying applicable field <strong>and</strong> plan elevations, dimensions, <strong>and</strong> geometries. Where<br />
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