(A) This chapter covers the topics related to the administration of construction contracts. The administration of these projects relating to construction supervision, project documentation, change orders, materials, disputed work and claims will comply with the policies, requirements and procedures set forth in Federal-Aid Policy Guide (FAPG), Parts 635 and 637.
(B) Construction contract administration shall be the responsibility of the Department of Engineering (DOE), through its City Engineer (CE). The CE and his or her staff will perform detailed inspections with a frequency appropriate for the work being performed. Detailed inspections include verification that the materials are as specified in the contract documents, the project is built in accordance with approved plans and specifications, and that quantities are documented sufficiently to make payments for completed work. The DOE is designated by the city to serve as the main contract for the contractor, ODOT, OPWC and any other agencies having an interest in the project.
(C) Department of Engineering responsibilities for construction contract administration include, but are not limited to, the following:
(1) Furnish qualified and experienced engineering and inspection staff for the duration of the project. Staff supplied for the project shall be as proposed prior to the beginning of construction;
(2) Secure required level of workmanship by the contractor. This requires monitoring by the CE’s staff for compliance with all construction contract documents;
(3) When the contractor files a complaint, dispute or claim, decisions shall be made in a thoughtful and timely manner after due consideration of all facts involved as determined by the CE or his or her designee when the resolution of the complaint, dispute or claim extends the contract time frame and/or adds to project costs;
(4) All project decisions should be made in a timely manner to avoid undue delay;
(5) Promptly pay the contractor for completed work. Every attempt should be made to pay the contractor within 30 days per Ohio R.C. 126.30;
(6) Prepare reimbursement requests for the contractor and/or consultants. After written approval by the CE and if required, any other authorized officials per agreement, submit reimbursement requests to the Finance Director for review and payment;
(7) When unforeseen conditions, plan errors or other events occur that require the consideration of contract change orders for the contractor, the DOE will follow the approved change order review process. The DOE must obtain approval of the Service Committee for all change orders of significance. The DOE’s review and determination shall be timely and not unduly burden the contractor nor add unnecessary costs to the project. The level at which this process requires Service Committee approval, shall be established prior to contract award by City Council as part of its bid review process;
(8) If the project has Disadvantaged Business Enterprise (DBE) requirements, any contractor requests for waivers will be reviewed and approved by DOE with the concurrence of City Council. Said decision on the waiver is final;
(9) Monitor and require compliance by the contractor with contract provisions such as prevailing wage, equal employment opportunity and disadvantaged business enterprise legal requirements. Notify the appropriate agency promptly of noncompliance with any of these programs for guidance and assistance;
(10) Review daily and promptly require maintenance and/or adjustment of the contractor’s maintenance of traffic work zones to ensure the public can pass safely with the least amount of interference;
(11) Respond to any complaints or questions by the public in a timely manner; and
(12) Provide for and ensure that all materials incorporated in the project are tested, sampled and/or certified according to the project’s approved materials management process and plan specifications. See § 1346.10 for testing, sampling and certification requirements.
(D) Contractor responsibilities for construction administration include, but are not limited to, the following. The contractor shall designate one individual as the main contact for the DOE. The designated person should have the authority to speak on behalf of the contractor. This individual should be capable of reading and thoroughly understanding the plans and specifications and be experienced in the types of work being performed. This individual should have full authority to execute instructions of the CE and should be in charge of all construction operations regardless of who performs the work.
(1) The contractor must notify the DOE of the project starting date and keep the DOE informed of the proposed schedule of operations. This allows the DOE to anticipate engineering and inspection needs and therefore efficiently manage staff.
(2) The contractor shall provide a list of material suppliers and subcontractors. The DOE will review the proposed lists of material suppliers and subcontractors; obtain required samples along with supporting documentation/certifications and work experience and references of subcontractors. The lists should be submitted early to avoid delays associated with sampling and testing and checking of experience and references of subcontractors. Unless otherwise approved as part of the project’s materials management process, the contractor shall utilize ODOT certified material suppliers and established job mix formulas (JMFs).
(3) The contractor must carry out the work in a diligent manner utilizing adequate labor that is trained, experienced and with appropriate, functional equipment as shown on his or her accepted progress schedule.
(4) The contractor must be knowledgeable of all federal, state and local laws that apply. Many of the legal requirements of the contract are addressed in the proposal, additionally the contractor must also be aware of other regulations such as safety, which may not be thoroughly detailed in the DOE’s specifications, but are extremely important. The contractor is required to protect and indemnify the DOE and city from all claims and liability resulting from negligence or willful violations.
(5) The contractor must maintain the project in order to permit the public to move safely through. This includes using clean, readable signs, and traffic control devices, as well as maintaining the project free of debris.
(6) The contractor must respond quickly to correct a problem once notified. This is extremely important when the situation involves public safety.
(7) The contractor must promptly notify the DOE of any changed site conditions so they can be resolved in a timely manner. It is the contractor’s responsibility to mitigate any delays caused by changed conditions.
(Ord. 131-05, passed 10-17-2005)