100 general provisions

109.10 Payment for Delivered Materials. The Department will pay, up to 75 percent of the applicable contract item, for the invoiced cost of the delivered and approved materials before they are incorporated in the Work, if the approved materials are delivered, accepted, and properly stored on the project or stored in acceptable storage places in the vicinity of the Project.

The Department will pay for the cost of approved materials before they are incorporated in the Work when asked by the Contractor, if the Engineer determines that it is not practical to deliver the material to the Project site. This provision applies only to bulky materials that are durable in nature and represent a significant portion of the project cost, such as aggregates, steel, and pre-cast concrete. The Department will not pay delivered materials on small warehouse items or for plant materials.

109.11 Partial Acceptance. Upon completion of a portion of the Work, the Contractor may request partial acceptance of that portion of the Work. The Final Inspector will determine if the portion is acceptably completed. The Final Inspector will grant written partial acceptance for that portion of the Work or reject the Contractor’s request. Such written partial acceptance will designate what portion of the Work is accepted, the date of acceptance, and the warranty provisions started by the partial acceptance.

Partial acceptance will relieve the Contractor of maintenance responsibility for the designated portion of the Work. This does not relieve the Contractor of responsibility to correct defective Work or repair damage caused by the Contractor.

109.12 Final Acceptance.

A. Final Inspection. The Department will perform a Final Inspection for the express purpose of relieving the Contractor of maintenance responsibility for the Work.

The Final Inspection shall only serve as the Department’s verification that the Work is substantially complete and that final payment is due. Final Inspection does not waive any available rights of the Department, nor divest the Contractor of any responsibility for compliance with the contract.

Notify the Engineer when the Project is complete and all of the Engineer’s punch list items are complete. If the Engineer agrees the Project is complete, then within 10 business days the District Final Inspector will inspect the Work and categorize it as one of the following:

1. Unacceptable or not complete.

2. Substantially complete with punch list items found by the Final Inspector.

3. Acceptable.

If the Final Inspector finds the Work substantially complete with punch list items or acceptable, then the Contractor’s maintenance responsibilities end on the day of the Final Inspection, except for any maintenance related to unfinished punch list items. This does not relieve the Contractor of responsibility to correct defective Work or repair damage caused by the Contractor. The Final Inspector will issue a Final Inspection Report that will document the findings of the inspection and start any warranty period.

B. Punch List. The Final Inspector will issue to the Contractor a written punch list of work required as a condition of acceptance. The Final Inspector’s punch list will stipulate a reasonable time to complete the required Work. Failure of the Contractor to complete the punch list items by the stipulated time will result in an administrative fee of $100 per Calendar Day for every day beyond the stipulated time the punch list work remains incomplete and beyond the revised Completion Date.

C. Finalization. The Contractor shall accept the final quantities as determined by the Engineer or provide a written notice indicating the reason for disagreement within 30 Calendar Days of receiving the Engineer’s list of final quantities. If no notice of disagreement is received, then the final payment will be based on the Engineer’s list of final quantities.

Supply all documents necessary for Project finalization within 60 Calendar Days from the date that the Work is physically complete. These documents include:

1. Delinquent material certifications.

2. Delinquent certified payrolls or required revised payrolls.

3. Wage affidavit required by ORC Chapter 4115 on projects without any Federal funding.

4. Delinquent force account records.

5. If applicable, DBE affidavits.

Failure to submit these acceptably completed documents will result in an administrative fee of $100 per Calendar Day for every day that any of the required documents remain delinquent, starting 30 Calendar Days after receipt of written notification from the Engineer of a document deficiency.

D. Acceptance and Final Payment. Final payment is based on:

1. The agreed final quantities or as determined by the Engineer if agreement is not possible, no compensation for unauthorized work is allowed.

2. Acceptance by the Final Inspector.

3. Receipt of acceptable finalization documents.

4. Contractor certification that the Work was performed in accordance with the contract.

E. Completion of Contract and Continuation of Contractor’s Responsibility. The Contract is complete, except for items covered by the required bonds, when the Contractor receives final payment. The DCE will issue a letter confirming completion of the contract, noting any exception as provided in Items 659 and 661 and any warranty. The date the final payment is approved by the District constitutes acceptance as referenced in ORC 5525.16. Completion of the Contract does not relieve the Contractor of any responsibilities proscribed by law.

200 EARTHWORK

ITEM 201 CLEARING AND GRUBBING

201.01 Description

201.02 General

201.03 Clearing and Grubbing

201.04 Scalping

201.05 Method of Measurement

201.06 Basis of Payment
201.01 Description. This work consists of clearing, grubbing, scalping, removing trees and stumps, and removing all vegetation and construction debris from the limits shown on the plans, except such objects that are to remain or are to be removed according to other items of work.

Use all suitable excavation material in the work. Alternatively, legally use, burn, or dispose of all material according to 105.16 and 105.17.

201.02 General. Remove or save all trees, shrubs, and plants designated on the plans. Preserve all vegetation and objects not designated for removal. Paint cut or scarred surfaces of trees or shrubs selected for retention according to 666.04.

Observe requirements for handling and transporting of regulated articles in quarantined areas as defined by the Ohio Department of Agriculture (http://www.ohioagriculture.gov/eab).

The following are considered regulated articles and are subject to the quarantine established by the Ohio Department of Agriculture:

Deciduous trees of any size.

Deciduous limbs and branches

Any cut non-coniferous (non-evergreen) firewood.

Deciduous tree bark and deciduous tree wood chips larger than 1 inch (25 mm).

Deciduous logs and lumber with the bark, outer inch of sapwood, or both attached.

Any item made from or containing deciduous tree wood capable of spreading Emerald Ash Borer.

Any means of conveyance capable of spreading Emerald Ash Borer.

Should the Contractor elect to hire an certified arborist to distinguish between ash wood (Fraxinus spp.) and other deciduous wood, then only ash wood will be considered regulated articles.

The time limitations on the clearing and grubbing operations are specified in Item 207.

201.03 Clearing and Grubbing. Clear and grub all trees and stumps marked for removal and all surface objects, brush, roots, and other protruding obstructions not designated to remain, except for special treatments listed below:

A. In locations to be seeded, remove stumps at least 6 inches (150 mm) below ground surface.

B. In unseeded areas to be rounded at the top of backslopes, cut the stumps flush with or below the surface of the final slope line.

C. The Contractor may leave undisturbed stumps and roots, and nonperishable solid objects 6 inches (150 mm) above the existing ground surface in the plan embankment construction locations where the embankment height is greater than 9 feet (3 m) from the subgrade elevation and when the existing side slope is 8:1 or flatter.

D. In locations outside of the construction limits of the cut and embankment areas not to be seeded, the Contractor may leave sound stumps 24 inches (0.6 m) above the existing ground surface.

E. Limit the movement of regulated articles as follows:

Do not move regulated articles out of a quarantined area unless they are treated as indicated in 201.03.F.

Do not move regulated articles out of Ohio to any other state or from Indiana, Illinois, and the Lower Peninsula of Michigan into Ohio.

Movement into and within the Ohio quarantined area is permitted.

F. Use one of the four accepted treatments prior to movement of the regulated articles:

Debarking plus removal of 1/2 inch (12 mm) of sapwood.

Chipping to less than 1 inch (25 mm).

Fumigating according to USDA treatment schedule (contact USDA, 1-866-325-0023).

Kiln drying according to USDA treatment schedule (contact USDA, 1-866-325-0023).

Follow all other federal and state EAB quarantines.

Except in areas to be excavated, backfill stump holes and other holes created by removing obstructions with Item 203 embankment material. Place and compact according to Item 203.

Remove low hanging, unsound, or unsightly branches on trees or shrubs designated to remain. Trim branches of trees extending over the roadbed to provide a clear height of 20 feet (6 m) above the roadbed surface.

Dispose of debris contaminated with garbage, solid waste, or hazardous waste or material according to other contract items.

201.04 Scalping. Scalping includes removing surface material such as roots, sod, grass, residue of agricultural crops, sawdust, and decayed vegetable matter. The depth of scalping does not include topsoil or other material below the scalping operation. The Engineer will not require areas to be scalped in the plan embankment construction locations where the embankment height is greater than 9 feet (3 m) to the subgrade elevation and when the existing side slope is 8:1 or flatter. Scalp all other areas where excavation or embankment is required.

201.05 Method of Measurement. The Department will measure by one of the following methods:

If Clearing and Grubbing is specified in the Contract, the Department will not measure the area cleared and grubbed.

If Item 201 Tree Removed or Item 201 Stump Removed is specified in the Contract, the Department will measure trees or stumps designated for removal according to the following schedule of sizes:

Pay Item Diameter	Pay Item Designation
Over 12 inches to 24 inches	18-inch size each
Over 24 inches to 36 inches	30-inch size each
Over 36 inches to 60 inches	48-inch size each
Over 60 inches	60-inch size each
Over 0.3 m to 0.6 m	0.5 m size each
Over 0.6 m to 0.9 m	0.8 m size each
Over 0.9 m to 1.5 m	1.2 m size each
Over 1.5 m	1.5 m size each

The Department will measure the diameter of trees at a height of 54 inches (1.4 m) above the ground. Trees 12 inches (0.3 m) and less in diameter are classified as brush. The Department will measure stumps by taking the average diameter at the cutoff.

201.06 Basis of Payment. If Item 201 Clearing and Grubbing is specified in the Contract, the Department will pay for all work described, including backfilling holes, scalping, and removing all trees and stumps, at the lump sum price bid. If Item 201 Tree Removed or Item 201 Stump Removed is specified in the Contract, the Department will consider the remaining work described incidental and will not pay for performing this work directly.

The Department will pay for accepted quantities at the contract prices as follows:

Item Unit Description

201 Lump Sum Clearing and Grubbing

201 Each Tree Removed, ___ Size

201 Each Stump Removed, ___ Size

ITEM 202 REMOVAL OF STRUCTURES AND OBSTRUCTIONS

202.01 Description

202.02 General Construction Requirements

202.03 Bridges Removed

202.04 Pipe Removal

202.05 Pavement, Walks, Curbs, Steps, Gutters, or Traffic Dividers Removed

202.06 Buildings Demolished

202.07 Septic Tanks and Privy Vaults Removed

202.08 Underground Storage Tanks Removed

202.09 Guardrail and Fence Removed

202.11 Manhole, Catch Basin, and Inlet Removed

202.12 Manhole, Catch Basin, and Inlet Abandoned

202.13 Method of Measurement

202.14 Basis of Payment
202.01 Description. This work consists of removing, wholly or in part, and disposing of all buildings, fences, guardrails, structures, old pavements, abandoned pipe lines, storage tanks, septic tanks, privy vaults, and other obstructions not designated or permitted to remain, except for utilities and obstructions to be removed and disposed of under other items in the Contract. This work also consists of backfilling the resulting trenches, holes, and pits, and salvaging designated materials.

When specific pay items for removal of structures and obstructions are not listed on the plans or in the Proposal, perform this work under Item 203.

202.02 General Construction Requirements. Raze, remove, and dispose of all buildings and foundations, structures, fences, guardrails, old pavements, abandoned pipe lines, storage tanks, septic tanks, privy vaults, and other obstructions within the Right-of-Way, except for utilities and those items where other provisions have been made for removal. Remove and store, at the specified locations within the Project limits, or reuse all designated salvageable materials.

The Department will take ownership of all salvageable items specified for storage. Reuse all salvageable items specified for reuse on the project. When the Proposal does not indicate for storage or for reuse, take ownership of the material.

Use all suitable material in the work. Alternatively, legally use, recycle or dispose of all removal items according to 105.16 and 105.17.

Do not remove any item in use by traffic until after making arrangements to accommodate traffic.

When backfilling is required, and when the removal item is under the proposed pavement or paved shoulder, backfill the resulting cavities, voids, or trenches with Item 603 Structural Backfill Type 1 or 2. When backfilling is required, and when the removal item is outside the proposed pavement or paved shoulder limits or when rollers greater than 8 tons (7.25 metric tons) are used, the Contractor may use Item 203 embankment material. Place and compact the embankment or Item 603 Structural Backfill according to Item 203.

For areas backfilled outside the plan construction limits, provide a final grade that presents a neat, well-drained appearance that conforms to the final topography and prevents water from draining onto adjacent properties.

202.03 Bridges Removed. If within a stream, remove the substructures of existing structures, including piling, down to the proposed stream bottom. For those parts outside the stream, remove substructures to a minimum of 1 foot (0.3 m) below proposed ground surface. Remove, as necessary, those portions of existing structures that lie wholly or in part within the limits for a new structure to accommodate the construction of the proposed structure.

Where alteration of an existing structure requires removal of portions of the structure, remove those portions with sufficient care as to avoid damage to the remaining portion of the structure. In case of damage to the existing structure, repair or replace the structure at no expense to the Department.

Backfill the cavity created by the removal item according to 202.02, except when the cavity lies within the limits of subsequent excavation or other work.

202.04 Pipe Removal. Remove and reuse, store, or dispose of pipe, or culvert as specified in the Proposal for payment.

If removing an existing concrete water line pipe that was constructed before 1980, it may be an asbestos pipe. Test the pipe by using a Department prequalified environmental consultant to determine if it is an asbestos pipe. If it is determined that the pipe is asbestos, then a certified asbestos Contractor must perform the removal. Dispose of all asbestos pipe at a solid waste facility that is licensed by the Local Health Department and permitted by the OEPA. Unless the pipe is specifically denoted in the Contract Documents as Item 202 Asbestos Pipe Removed, perform the work under 109.05.

If removing pipe from or around a stream, perform the removal according to 202.03.

Seal openings left in walls of manholes or catch basins that are to remain in place, and remove and dispose of pipe headwalls.

If an adjacent existing pipe is encountered during removal operations and the pipe is inactive or is to be abandoned, plug or seal the remaining ends of the pipe before proceeding with backfilling operations. Perform plugging by using approved precast stoppers. Perform sealing by using masonry bulkheads.

Remove a sufficient section of the pipe to allow the Engineer to determine the quality of the pipe and the possibility of its removal without damage to pipe specified for reuse or storage. If the Engineer determines the pipe is salvageable, carefully remove the remainder of the pipe to avoid breaking or damaging the pipe. Transport and store the removed pipe, as necessary before relaying. Replace sections of pipe lost or damaged by negligence or by use of improper methods at no additional cost to the Department. Clean all pipe before reusing. Remove salvageable pipe under Item 202 Pipe Removed for Reuse or Storage.

If the Engineer determines the pipe is unusable, take ownership of the pipe, and dispose of or recycle it according to 202.02. Remove unusable pipe under Item 202 Pipe Removed.

Before backfilling the trench, excavate the caved material, as necessary.

Backfill trenches resulting from the removal of pipe according to 202.02, except when the trench lies within the limits of subsequent excavation.

202.05 Pavement, Walks, Curbs, Steps, Gutters, or Traffic Dividers Removed. As designated, remove and dispose of the existing wearing course, concrete base course, concrete pavement, asphalt wearing course on brick or concrete base, concrete walks, concrete steps, concrete gutters, stone or concrete curbs, and concrete traffic dividers. If removing only a portion of an existing pavement, walk, step, gutter, curb, or traffic divider, saw or otherwise cut a neat joint at the removal limit if it does not occur at an existing joint.

If Item 202 Pavement Removed is specified in the Contract, remove all asphalt, concrete, or brick from the surface to the bottom of the pavement courses as shown on the plans. If 202 Base Removed is specified in the Contract, remove the specific layer as shown on the plans. If Item 202 Wearing Course Removed is specified in the Contract, remove all asphalt from the surface to the top of the concrete or brick or remove the specific layer or layers shown on the plans.

Backfill the cavity created by the removal item according to 202.02, except when the cavity lies within the limits of subsequent excavation or other work.

202.06 Buildings Demolished. Do not disturb buildings and appurtenances designated for demolition until the Engineer provides a Notice of Possession and Approval to Proceed. Immediately after receiving approval, schedule and perform the demolition under the Engineer’s direction in order to accommodate utility rearrangements and clearance of structures. Whether the building is located partially or totally on temporary or permanent Right-of-Way perform the demolition the same.

The Contractor may use buildings located partially on and off the permanent Right-of-Way for storage, office, living quarters, or other purposes. The agreement shall allow such use during the period of the Contract and save the Department harmless from any claims whatsoever by reason of such use.

Remove foundations; floors; floor slabs; and basement, pit, well, and cistern walls to a minimum of 1 foot (0.3 m) below the grade of the surrounding area.

Completely remove all tanks and clear basements of all materials, debris, appliances, wood or metal partitions, and wood floors so only masonry walls and concrete basement floors remain. Break up and remove all floor slabs under which a pit, well, cistern, or tank exists. Break up basement floors to be left in place, and seal remaining drains with masonry or with precast clay or concrete stoppers.

Take ownership of all materials, except those belonging to a public or private utility. Notify the owners of water, electric, or gas meters when the meters are ready for removal. Disconnect all utilities according to local requirements.

After completing demolition work and obtaining the Engineer’s approval, immediately backfill the cavity created by the removal item according to 202.02, except when the cavity lies within the limits of subsequent excavation or other work.

202.07 Septic Tanks and Privy Vaults Removed. Empty all septic tanks and privy vaults. Dispose of the removed contents in a manner that conforms to the requirements of the State and Local Boards of Health or other authorities having jurisdiction..

Completely remove and dispose of septic tanks and privy vaults located above the subgrade or finished ground surface. For septic tanks and privy vaults located below the subgrade or finished ground surface, remove tops and walls to a minimum depth of 3 feet (1 m) below subgrade or 1 foot (0.3 m) below finished ground surface. Break up floors and seal remaining drains with masonry or with precast clay or concrete stoppers.

Backfill the cavity created by the removal, partial removal, or emptying operation according to 202.02, except when the cavity lies within the limits of subsequent excavation or other work.

202.08 Underground Storage Tank Removed. Remove and dispose of underground storage tanks or regulated underground storage tanks, as designated in the Proposal, and according to the requirements of the authorities having jurisdiction.

If Item 202 Regulated Underground Storage Tank Removed is specified in the Contract, remove the tank according to the Bureau of Underground Storage Tank Regulations of the Division of Fire Marshal (BUSTR), Ohio EPA, and all applicable Federal, State, and local regulations. Removal includes obtaining the required permit, disposing of the tank and its contents, testing the excavated material, and preparing the closure report. Provide a Certified Tank Installer to supervise the removal. Provide an independent non-Contractor employee BUSTR inspector or a State Certified BUSTR inspector to perform the BUSTR required inspections. For tanks containing hazardous substances other than petroleum, use the Ohio EPA regulations in addition to State Fire Marshal regulations.

Completely remove regulated underground storage tank and contents. Take ownership and dispose of tanks according to 202.02 and the above requirements. If any contaminated water or soil disposal or remediation is required perform the necessary work under other items in the Contract or according to 109.05.

If Item 202 Under Ground Storage Tanks Removed is specified in the Contract, completely remove and dispose of the tank. Dispose of the removed contents in a manner that conforms to the requirements of the State and local Boards of Health, or other authorities having jurisdiction.

Backfill the cavity created by the removal items according to 202.02, except when the cavity lies within the limits of subsequent excavation or other work.