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

108.08
signals. Raised pavement markers (RPM) are required safety items if the roadway
section involved had RPMs before the project started.
E. Deemed reasonable and appropriate by the District Deputy Director.
TABLE 108.07-1 SCHEDULE OF LIQUIDATED DAMAGES
Original Contract Amount
(Total Amount of the Bid)
From More Than To and Including
$0.00 $500,000 $1,000
$500,000 $2,000,000 $1,000
$2,000,000 $10,000,000 $1,300
$10,000,000 $50,000,000 $2,000
Over 50,000,000 $2,500
56
Amount of Liquidated
Damages to be
Deducted for Each
Calendar Day of
Overrun in Time
108.08 Unsatisfactory Progress and Default of Contractor. The Director
will notify the Contractor in writing of unsatisfactory progress for any of the
following reasons:
A. The Contractor has not commenced the Work by the dates established in the
schedule.
B. The Contractor does not proceed with the Work in a manner necessary for
completion of the Project by the Completion Date.
C. The Contractor is performing the Work improperly.
D. The Contractor abandons, fails, or refuses to complete the Work.
E. Any other reason the Director believes jeopardizes completion of the Work
by the Completion Date.
If the Contractor does not respond to the satisfaction of the Director, the
Director may declare the Contractor in default and may notify the Contractor and
Surety that the responsibility to complete the Work is transferred to the Surety.
Upon receipt of this notification, the Contractor’s right to control and supervise the
Work will immediately cease. In such a case, the Director will proceed as
specified in ORC 5525.17. The defaulted Contractor will not be compensated for
costs resulting from the default and is not eligible to be retained by the Surety to
complete the Work. If it is determined that the Department’s default of the
Contractor according to 108.08 is wrongful, then the default will revert to a
termination of the Contract according to 108.09.
108.09 Termination of the Contract for Convenience of the Department.
The Director may terminate the Contract at any time for the convenience of the
Department. The Department will compensate the Contractor according to 109.04
and 109.05 for termination of the Contract for the convenience of the Department.
This subsection is subject to the provisions of ORC 5525.14.