105Control of Work

105.01 Authority of the Engineer. The Engineer will decide questions concerning all of the

following:

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 Work consists of repairs, extension, or alteration of existing structures, take measurements of exi sting 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 cor rections and Contract requirements and provide the revised submittal to the Department for another review. “Accepted” and “Accepted as Noted” Working Drawings are Contract Documents as defined in

101.03 The Department’s acceptance will not relieve the Contractor of responsibility to complete the

Work according to the Contract nor relieve a signatory engineer’s responsibility as defined by OAC 4733-23. 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 DCA determines the Work is not in reasonably close conformity with the Contract Documents and determines the Contractor produced reasonably acceptable Work, the DCA may accept the Work based on engineering judgment. The DCA 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 DCA 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:

105.05 Cooperation by Contractor. The Department will supply the Contractor with electronic

files containing the Contract Documents , except for the standard construction drawings, which will only be supplied if requested. Provide the constant attention necessary to progress the Work according to the Contract Documents. Cooperate with the Engineer , inspectors, and all other Contractors on or adjacent to the Project.

105.06 Superintendent. Provide a Superintendent for the Project that is available and responsive

at all times and is responsible for all aspects of the Work, irrespective of the amount of subcontract Work. The Superintendent must be capable of reading and understanding the Contract Documents and experienced in the type of Work being performed. The Superintendent shall receive instructions from the Engineer or the Engineer’s authorized representatives. The Superintendent shall promptly execute the Engineer’s orders or directions and promptly supply the required materials, equipment, tools, labor, and incidentals.

105.07 Cooperation with Utilities. Unless otherwise provided for by the Contract Documents,

the Department will direct the utility owners to relocate or adjust water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cableways, signals, and all other utility appurtenances within the limits of the proposed construction at no cost to the Contractor. If the Contractor is directed by a utility company to perform any work not specifically contained in this note, the Department will not compensate the Contractor for this work unless the Department approves the request in writing before the work begins. If the work is not preapproved by the Department, the Contractor will be responsible for obtaining reimbursement for its work from the utility company which directed the Contractor to perform the work. In the event that the Contractor requests that additional work, not specifically contained in this note, be performed by a utility company, the Contractor will be responsible for reimbursing the utility company for the additional work unless the Department has agreed in writing to pay for the additional work before the work begins. The Contract Documents will indicate various utility items and indicate a time frame or date when the Department expects the owners to complete utility relocation or adjustment. Provide utility owners adjusting facilities during construction with adequate notification of the scheduled Work to prevent conflict with the Contractor’s schedule of operations. When bidding, consider all permanent and temporary utility appurtenances in present and relocated positions as shown in the Contract Documents. According to ORC 153.64 and at least 2 Workdays prior to commencing construction operations in an area that may affect underground utilities shown on the Plans , notify the Engineer , the registered utility protection service, and the owners that are not members of the registered utility protection service. The owner of the underground utility shall, within 48 hours, excluding Saturdays, Sundays, and legal holidays, after notice is received, start staking, marking, or otherwise designating the location, course, 2 feet (0.6 m), together with the approximate depth of the underground utilities in the construction area. If the utility owners fail to relocate or adjust utilities as provided for in the Contract Documents and the Contractor sustains losses that could not have been avoided by the judicious handling of forces, equipment, and plant, or by reasonable revisions to the schedule of operations, then the Engineer will adjust the Contract according to 108.06 and 109.05.

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 un- workmanlike 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 an d 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. Unless the Department formally accepts defective Work according to 105.03, immediately remove and replace defective Work. Unauthorized Work is Work done contrary to the instructions of the Engineer, beyond the plan lines, or any extra work done without the Department’s permission. The Department will not pay for unauthorized Work. The Engineer may order the Contractor to remove or replace unauthorized Work at no expense to the Department. If the Contractor fails to comply with the Engineer’s orders under the provisions of this subsection, the DCA may correct or remove and replace defective or unauthorized Work and deduct the costs from the Contract Price.

105.12 Load Restrictions. Comply with all legal load restrictions when hauling materials on

public roads. Operate equipment of a weight or so loaded as to not cause damage to structures, to the roadway, or to other types of construction. Comply with subsection 501.05.B.6 for allowed loads on bridges. Do not use off road vehicles on bases or pavements unless permitted by the DCA in writing. Do not haul on concrete pavement, base, or structures before the expiration of the curing period. Do not exceed the legal load limits in this section unless permitted by the Director in writing.

105.13 Haul Roads. Prior to hauling equipment or materials, provide written notification to the

Engineer of the specific roads or streets on the haul route. If the haul route includes roads and streets that are not under the jurisdiction and control of the State and the DCA determines that State controlled roads are not available or practical for a haul route, the Contractor may use local roads and streets that are not restricted by local authorities. If the DCA determines that state controlled roads are available and practical for a haul route, revise the proposed haul route provided in the original written notification and resubmit to the DCA. If the Engineer determines that haul route roads were properly used during construction to haul equipment and materials and that the haul route roads were damaged, then the Engineer may order the Contractor to perform immediate and practical repairs to ensure reasonably normal traveling conditions. The Engineer will pay for repairs according to applicable provisions of 109.04 and 109.05. The Contractor shall not file a claim for delays or other impacts to the Work caused by disputes with the local authorities regarding the use of local roads or streets as haul routes. The Contractor shall save the State harmless for any closures or hauling restrictions outside the Project limits beyond the control of the Department.

105.14 Maintenance During Construction. Maintain the Work during construction and until

Final Inspector accepts the work under 109.12, except for portions of the Work accepted under 109.11. The Contractor is responsible for damage done by its equipment. Maintain the previous courses or subgrade during all construction operations, when placing a course upon other courses of embankment, base, subgrade, concrete or asphalt pavement, or other similar items previously constructed. This maintenance includes, but is not limited to draining, re-compacting, re-grading, or if destroyed, the removal of Work previously accepted by the Department. Maintain the Post Construction Storm Water Best Management Practice (BMP) features. Prevent sediment laden surface water from coming in contact with the BMP features during construction. Maintain the Work during construction and before acceptance of the Work under 109.12, except for portions of the Work accepted under 109.11. The Department will not provide additional compensation for maintenance work.

105.15 Failure to Maintain Roadway or Structure. If the Contractor , at any time, fails to

comply with the provisions of 105.14, the Engineer will immediately notify the Contractor of such noncompliance. If the Contractor fails to remedy unsatisfactory maintenance within 24 hours after receipt of such notice, the Engineer may immediately proceed to maintain the Project, and deduct the entire cost of this maintenance from monies due or to become due the Contractor on the Contract.

105.16 Borrow and Waste Areas. Prior to beginning borrow or wasting operations, obtain the

Engineer’s written approval of a detailed operation plan that addresses the following concerns:

105.17 Construction and Demolition Debris. OAC-3745-37, OAC-3745-400, and ORC

Chapter 3714 regulates the use and disposal of construction and demolition debris. Notify the local Board of Health or the local Ohio EPA office 7 days before placing Clean Hard Fill off the Right -of- Way. Submit copies of this notification to the Engineer. Legally dispose of debris containing wood, road metal, or plaster at a licensed construction and demolition debris site. Under the regulations cited above the disposal of brush, trees, stumps, tree trimmings, branches, weeds, leaves, grass, shrubbery, yard trimmings, crop residue, and other plant matter is restricted. If allowed by the Contract Documents, the Contractor may waste brush, trees, stumps, tree trimming, branches, weeds, leaves, grass, shrubbery, yard trimmings, crop residue, and other plant matter within the Right -of-Way. Otherwise, submit a plan and any required permits to legally dispose of these materials off the Right-of-Way to the Engineer. Provide all documents submitted to obtain this permit to the Engineer. If the Project contains garbage or solid and hazardous waste, the Contract Documents will detail the removal of these items. When wasting PCC, mix the PCC with at least 30 percent natural soil to construct an inner core in the waste area. Cover this inner core with 3 feet (1.0 m) of natural soil on the top and 8 feet (2.4 m) on the side slopes. Place and compact the material according to 203.06.D to prevent future settlement and sliding. Clean Hard Fill consisting of reinforced or non -reinforced concrete, asphalt concrete, brick, block, tile or stone that is free of all steel as per 703.16 shall be managed in one or more of the following ways:

105.18 Acceptance. The Department will accept Work according to 109.12 or completed

sections of the Project according to 109.11.

105.19 Value Engineering Change Proposals. The Department will partner with the Contractor

by considering a Contractor’s submission of a Value Engineering Change Proposal (VECP) which may reduce the overall construction cost on projects not containing Design Build provisions. Savings in construction costs will be shared equally between the Contractor and the Department. The Department will partner with the Contractor by co nsidering a VECP for time savings on projects not containing time-based award provisions. The economic value of the savings in time will be shared equally between the Contractor and Department, however the impacted completion date shall be adjusted the ful l amount. Time savings VECPs may increase contract value if accepted by the Department. Time savings VECPs shall not consist of only acceleration and shall contain a substantial amount of material savings as determined by the Department. The Contractor’s costs for development, design and implementation of the VECP are not eligible for reimbursement. The VECP must not impair any of the essential functions and characteristics of the project such as service life, reliability, economy of operation, ease of maintenance, safety and necessary standardized features. The VECP designer may not be the ODOT designer of record. The submission of the VECP shall conform to Supplement 1113. The Department will not approve VECPs with any of the following characteristics:

105.20 As Per Plan Designation. Work item descriptions may include an “As Per Plan” (“APP”)

designation in the proposal or the plans to assist with identifying Work with project specific requirements. Read, bid and construct all items in accordance with all governing plan notes. The absence of an “As Per Plan” designation on work item descriptions having clear and controlling project specific requirements does not relieve the responsibility to read, bid and construct those particular items per the item’s governing project specific requirements. The “order of precedence” as identified by C&MS

105.04 will not be cause for disregarding project specific requirements for Work with or without an

“As Per Plan” designation. Item descriptions in the proposal or plans must be read or interpreted with the governing project specific requirements and the C&MS. Submit a Prebid Question per C&MS 102.05 if a perceived conflict exists between the work item description and the governing project specific requirements.

Control of Work in other states

• Alaska 105 · CONTROL OF WORK
• Alabama 105 · CONTROL OF WORK
• Arkansas 105 · CONTROL OF WORK
• Colorado 105 · Control of Work
• Georgia 105 · Control of Work
• Idaho 105 · CONTROL OF WORK
• Illinois 105 · CONTROL OF WORK