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

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105.08
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.