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

108.06
The Engineer may suspend the Work by written notice under this subsection for
the following reasons:
A. The Contractor does not furnish sufficient skilled and experienced personnel
to complete the Project by the Completion Date.
B. The Contractor does not remove personnel from the Project as directed in
writing by the Engineer.
Use equipment of sufficient size and mechanical condition to complete the
Project by the Completion Date. Ensure that the equipment does not harm the
roadway, adjacent property, other highways, workers, or the public.
If the Contract Documents do not prescribe the methods and equipment required
to accomplish the Work, determine the methods or equipment necessary to
complete the Work according to the Contract.
If the Contract Documents specify methods and equipment to perform the
Work, use such methods and equipment, unless others are authorized by the
Engineer. Obtain the Engineer’s written approval before substituting alternate
methods or equipment. To obtain the Engineer’s approval, submit a written
description of the alternate methods and equipment proposed and an explanation of
the reasons for making the change. The Engineer’s approval of the substitute
methods and equipment does not relieve the Contractor of the obligation to
produce Work according to 105.03. If after trial use of the substituted methods or
equipment, the Engineer determines that the Work does not conform to the
Contract Documents, then complete the remaining Work using the specified
methods and equipment. Remove all deficient Work and replace it according to
the Contract Documents, or take such other corrective action as directed by the
Engineer. The Engineer’s authorization to substitute alternate methods and
equipment will not change the basis of payment for the construction items
involved or the Contract Time.
108.06 Determining a Time Extension to the Completion Date and
Payment for Excusable Delays.
A. General. The Department will only extend the Completion Date if an
excusable delay, as specified in 108.06.B or 108.06.D, delays Work on the critical
path shown on the accepted progress schedule and impacts the Completion Date.
The critical path is defined as; the longest path of activities in the project that
determines the project schedule completion date. The activities that make-up the
critical path of activities are the “Critical Activities.” Any extension of the
Completion Date will be executed by a change order.
Mitigation of any delay, whether caused by the Department, Contractor, thirdparty
or an intervening event, is a shared contract and legal requirement.
Mitigation efforts include, but are not limited to, re-sequencing work activities,
acceleration, and continuation of work through an otherwise planned shutdown
period. The Contractor and Engineer must explore and discuss potential mitigation
efforts in a timely manner.
The Department will not evaluate a request for extension of the Completion
Date unless the Contractor notifies the Engineer as specified in 104.05, submits the
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