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

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109.05<br />

Force Account.” The “Electronic Force Account” template can be downloaded<br />

from the following website:<br />

www.dot.state.oh.us/divisions/constructionmgt/admin/pages/default.aspx<br />

The Engineer may approve an alternative electronic template provided all<br />

calculations <strong>and</strong> printouts are equivalent to those generated by the “Electronic<br />

Force Account” template.<br />

Attach an original affidavit to the hard copy stating:<br />

“The name, classification, total hours worked <strong>and</strong> rates paid each person listed<br />

on the Summary <strong>of</strong> Actual Cost are substantiated by actual records <strong>of</strong> persons<br />

employed on the force account work. All unit prices for materials <strong>and</strong> rates for<br />

owned <strong>and</strong> rented equipment listed on the Summary <strong>of</strong> Actual Costs are<br />

substantiated by actual records <strong>of</strong> materials <strong>and</strong> equipment actually used in<br />

performance <strong>of</strong> the force account work <strong>and</strong> the price <strong>of</strong> any owned equipment not<br />

previously agreed upon does not exceed prices charged for similar equipment in<br />

the area in which the work was performed.”<br />

Daily Force Account Records signed by both the <strong>Department</strong> <strong>and</strong> Contractor<br />

will govern over other <strong>Department</strong> <strong>and</strong> Contractor records subject to the following:<br />

(1) When the Contractor is subject to a Union Contract that requires a<br />

minimum number <strong>of</strong> paid hours, the compensation will be for the verified contract<br />

minimum hours.<br />

(2) <strong>Material</strong> quantity disagreements will be resolved by field<br />

measurements <strong>of</strong> the installed quantities or the Engineer’s estimate <strong>of</strong> the amount<br />

<strong>of</strong> temporary or un-measurable material used. The Engineer may also review <strong>and</strong><br />

consider the Contractor’s material invoices <strong>and</strong> material certifications to make the<br />

final determination.<br />

In the event the Contractor declines to sign the Daily Force Account Record,<br />

the <strong>Department</strong>’s records shall govern. Any resulting dispute must be pursued in<br />

accordance with 104.05.<br />

D. Delay Costs.<br />

1. General. If the <strong>Department</strong> agrees that it has caused a delay, the<br />

<strong>Department</strong> will pay for the costs specified in 109.05.D as allowed by 108.06.D,<br />

unless these costs have been previously paid as listed in 109.05.B or 109.05.C.<br />

Such payment constitutes full compensation for any <strong>and</strong> all delay costs<br />

The <strong>Department</strong> will make no payment for delays occurring during the<br />

period from December 1 to April 30 unless the Contractor’s approved progress<br />

schedule depicts critical Work occurring throughout this period.<br />

The <strong>Department</strong> will not pay for delay costs until the Contractor<br />

submits an itemized statement <strong>of</strong> those costs. Provide the content specified in<br />

109.05.C.1, for the applicable items in this statement <strong>and</strong> as follows:<br />

a. Pro<strong>of</strong> <strong>of</strong> cost <strong>of</strong> Superintendent, or other project staff salaries,<br />

wages, <strong>and</strong> payroll taxes <strong>and</strong> insurance.<br />

b. Pro<strong>of</strong> <strong>of</strong> cost <strong>of</strong> <strong>of</strong>fice rent, utilities, l<strong>and</strong> rent, <strong>and</strong> <strong>of</strong>fice supplies.<br />

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