104.01 Intent of Contract. The intent of the Contract is to
provide for the construction and completion in ever y detail of the work described. The Contractor shall furnish all l abor, materials, equipment, tools, transportation, and supplies requ ired to complete the work according to the plans, specifications, an d terms of the Contract.
104.02 Alteration of Plans or Character of Work. (a ) General.
The Commission shall have the right to increase or decrease the extent of the work or to change the location, gradi ent, or the dimensions of any part of the work, provided that t he length of the improvement is not increased or decreased in excess of 25% of the contract length, or that the quantities of work to be done or the materials to be furnished are not increased or decr eased in money value in excess of 25% of the total Contract. Such changes shall not be considered as a waiver of any conditions of the Contract nor invalidate any of the provisions thereof. The Cont ractor shall perform the work as increased or decreased within t he qualifying limits named and no allowance will be made for anti cipated profits on increases or decreases so incurred.
b.Significant Changes in the Character of Work. The Engineer reserves the right to make, in writing, at any time during the work, such changes in quantities and such alter ations in the work as are necessary to satisfactorily complete the pro ject. Such changes in quantities and alterations shall not invalidate the Contract nor release the Surety, and the Contractor agrees to pe rform the work as altered. If the alterations or changes in quantities signifi cantly change the character of the work under the Contract, whether o r not changed by any such different quantities or alterations, an ad justment, excluding loss of anticipated profits, will be agreed upon pr ior to the 46 performance of the work. If a basis cannot be agre ed upon, then an adjustment will be made either for or against the C ontractor in such amount as the Engineer may determine to be fair and equitable. If the alterations or changes in quantities do not significantly change the character of the work to be performed un der the Contract, the altered work will be paid for as provided elsew here in the Contract. The term "significant change" shall be construed to apply only to the following circumstances: • When the character of the work as altered differs materially in kind or nature from that involved or included in the original proposed construction or • When a major item of work is increased in excess o f 125 percent or decreased below 75 percent of the origin al contract quantity. Any adjustment due to an increa se in quantity shall apply only to that portion in excess of 125 percent of original contract item quantity, or in case of a decrease below 75 percent, to the actual amoun t of work performed. A major item of work is defined as any bid item for which the original contract value is more than 10 percent of the total original contract value.
c.Differing Site Conditions. During the progress of the work, if subsurface or latent physical conditions are enc ountered at the site differing materially from those indicated in the Co ntract or if unknown physical conditions of an unusual nature, d iffering materially from those ordinarily encountered and ge nerally recognized as inherent in the work provided for in the Contract, are encountered at the site, the party discovering such conditions shall promptly notify the other party in writing of the s pecific differing conditions before they are disturbed and before the affected work is performed. Upon written notification, the Engineer will invest igate the conditions. If the Engineer determines that the co nditions materially differ and cause an increase or decrease in the cos t or time required for the performance of any work under the Contract, an adjustment, excluding loss of anticipated profits, will be made and the Contract 47 modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an a djustment of the Contract is warranted. No Contract adjustment that results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice. No Contract adjustment will be allowed under this c lause for any effects caused on unchanged work.
104.03 If and Where Directed Items. The plans and the
proposal may specify one or more items to be incorp orated into the project "if and where directed" by the Engineer. T he Engineer shall have sole discretion in determining whether and to what extent such items will be incorporated into the project. The E ngineer may order incorporation of such items at any location within the project and at any time during the work. These items may or may n ot be located on the plans. The estimated quantities set out in the proposal for such items are presented solely for the purpose of obtaining a representative bid price. The actual quantities em ployed may be only a fraction of, or many times the estimated qua ntities. The Contractor shall make no claim for additional compe nsation because of any increase, decrease, or elimination of such i tems.
104.04 Extra Work. The Contractor, when directed, shall
perform unforeseen work for which there is no quant ity and price included in the Contract, or where increases or dec reases in quantities are made in excess of the amounts set ou t in subsection 104.02, or whenever it is deemed necessa ry or desirable to further complete the work as contemplated. Such extra work shall be performed according to the specifications and as directed. However, before payment for any extra work is made, a Supplemental Agreement shall be signed by both cont racting parties, or a written order procured from the Engineer direc ting the Contractor to do the work on a Force Account basis as provided in subsection 109.04.
104.05 Maintaining Traffic. Unless otherwise provided, the
road, while undergoing improvements, shall be kept open by the Contractor to all traffic. When so provided on the plans, the Contractor may bypass traffic over an approved deto ur route. The Contractor shall keep the portion of the project be ing used by public 48 traffic, whether it is through or local traffic, in such condition that will permit the safe, continuous flow of two-way tr affic at all times. When a part of the plans or when approved by the En gineer, areas where the nature of the work restricts or prohibits two-way flow, one-way operation may be maintained by using flagg ers or timed signalization. The Contractor shall also provide a nd maintain in a safe condition temporary approaches or crossings an d intersections with trails, roads, streets, businesses, parking lo ts, residences, garages, farms, etc. The Contractor shall bear all expense of maintaining traffic over the section of road underg oing improvement, and of constructing and maintaining su ch approaches, crossings, intersections, and other features as may be necessary, without direct compensation, unless a pay item for this work is included in the Contract. The Contractor is not responsible for general snow and ice removal. Snow and ice removal will be performed by State, County, or City forces, consistent with its snow and ice re moval procedures, for the entire length of the route within which the project is located. Work required other than the normal blading of snow and ice, salting, or application of grit, necessary to clear or make passable the main roadway, shall be accomplished by the Contract or.
104.06 Rights in and Use of Materials Found on the Work.
The Contractor, with the approval of the Engineer, may use on the project such stone, gravel, sand, or other material , determined suitable by the Engineer, as may be found in the pl anned excavation and will be paid both for the excavation of such ma terials at the corresponding contract unit price and for the pay i tem for which the excavated material is used. However, the Contracto r shall replace with other acceptable material at no cost to the De partment all of that portion of the excavation material so removed and used that was needed for use in the embankments, backfills, appro aches, or otherwise. No charge for the material so used will be made against the Contractor. The Contractor shall not excavate or remove any material from within the highway location that is n ot within the grading limits, as indicated by the slope and grade lines, without written authorization from the Engineer. When tops oil is stripped from within the project limits, measurement and pay ment for earthwork and the topsoil will be according to Sect ions 210 and 628. Planned excavation, for the purposes of this subsec tion, is defined as 49 all excavation, including structural excavation-roa dway, shown on the plans and/or as changed by the Engineer for any purpose other than obtaining additional material lying within the planned typical sections and slopes. Planned excavation also inclu des any excavation made beyond the ends of the project for the purpose of blending the new construction into the existing roa dway. When the material found in the planned excavation i s used as Borrow, payment will be made for either: 1) the app ropriate classification of excavation; or 2) Borrow, whichev er results in the lesser cost to the Department. In no case will pay ment be made for the same material for both excavation and borrow. Unless otherwise provided, any material from any ex isting structures designated salvageable that is to remain the property of the owner, may be used temporarily by the Contracto r in the erection of the new structure. Such material shall not be c ut or otherwise damaged. Material thus used and subsequently cut o r damaged by the Contractor's action or inaction shall be replac ed in kind with new material of like dimension at no cost to the Depart ment.
104.07 Final Cleaning Up. Upon completion of the work and
before acceptance and final payment will be made, t he Contractor shall remove from the right-of-way, from any tempor ary plant sites, and from any temporary equipment and material stora ge sites, all construction equipment, falsework, discarded materi al, rubbish, debris, temporary structures, footings, and all sur plus material. For surplus merchantable aggregates, and upon written r equest of the property owner, the Engineer may authorize the Cont ractor to neatly spread or stockpile the aggregates on the temporary plant sites or material storage sites. The Contractor shall resto re in an acceptable manner all property, both public and private, that has been damaged during the prosecution of the work and shall leave the waterways unobstructed and the roadway in a neat and presenta ble condition throughout the length of the work under contract. General mowing of the right-of-way will not be required of the Con tractor. However, any isolated areas of excessively high vegetation e xisting within the project limits, such as at side roads and drives, w hich restrict or impair vehicular sight distance, shall be cut or mo wed by the Contractor any time the situation develops. Final cleanup of temporary plant sites, equipment a nd material storage sites, waste areas, and the accompanying ac cess roads shall 50 be completed according to subsection 110.04 at no c ost to the Department. Material pits and quarries shall be completed accor ding to subsection 106.02 at no cost to the Department. The materials, labor, equipment, and expense of the final cleaning up of a project will not be paid for separately, bu t full compensation therefor will be considered included in the contrac t unit prices bid for the various items in the Contract.
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