4 SCOPE OF WORK
4-1.01 General
4-1.02 Intent
The Contract intent is to provide for work completion using the best general practices. Nothing in the specifications voids the Contractor's public safety responsibilities.
4-1.03 Work Description
Construct the work described on the Notice to Bidders and as described in the Contract.
4-1.04 Use of Materials Found On The Job Site
You may use aggregate or other materials found in excavation that com ply with the specifications. The Department pays for the material excavated at the excavation item Contract price. Replace the quantity of material removed and used with an equal quantity of material. The material must have been designat ed for use in the work. Except for material used as structure backfill, the Department does not pay for replacing the material. The Department pays for replacing excavated material used for structure backfill at the Contract price for structure backfill. D o not excavate material from outside the excavation 's slope and grade lines without authorization.
4-1.05 Changes and Extra Work
4-1.05A General
The Department may make changes within the scope of work and add extra wor k. The Engineer describes the changes and extra work, the payment basis, and any time adjustment in a Change Order . A Change Order is approved when the Department signs the Change Order . If you disagree with the terms of a Change Order, submit an RFI within 10 days of receipt of the approved Change Order. Until the Department approves a Change Order , continue to perform the work under the Contra ct unless the Engineer orders you to start the work described in the Change Order before its approval. Submit detailed cost data for a unit price adjustment for a bid item if (1) the Engineer requests the data or
2.you request a unit price adjustment resulting from a change of more than 25 percent in the bid item's quantity.
4-1.05B Work -Character Changes
The Department adjusts the unit price for an item if:
1.Ordered plan or spe cification change materially changes the character of a work item from that on which the bid item price was based
2.Unit cost of the changed item differs from the unit cost of that item under the original plans and specifications
3.No approved Change Ord er addresses the payment Submit an RFI for an ordered change that materially changes the character of work within 10 days of the change.
4-1.06 Differing Site Conditions (23 Cfr 635.109)
4-1.06A General
Reserved
4-1.06B Contractor's Notification
Prompt ly notify the Engineer if you find either of the following conditions :
1.Physical conditions differing materially from either of the following: 1.1. Contract documents 1.2. Job site examination
2.Physical conditions of a n unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract SECTION 4 SCOPE OF WORK Include details explaining the information you relied on and the material differences you discovered. If you fail to promptly notify the Engineer, you waive your claim of a differing site condition for the period between your discovery of the differing site condition and your notification to the Engineer. If you disturb the site after discovery and before th e Engineer's investigation, you waive the differing -site- condition claim.
4-1.06C Engineer's Investigation and Decision
Upon your notification, the Engineer investigates job site conditions and:
1.Notifies you whether to resume affected work
2.Decides whether the condition differs materially and is cause for an adjustment of time, payment, or both
4-1.07 Value Engineering
4-1.07A General
Reserved
4-1.07B Value Engineering Change Proposal
You may submit a VECP to reduce any of the following:
1.Total cost of construction
2.Construction activity duration
3.Traffic congestion
4.Right -of-way delay or third -party utility delay
5.Public impact Before preparing a VECP, m eet with the Engineer to discuss:
1.Proposal concept
2.Permit issues
3.Impact on other projects
4.Project impacts, including traffic, schedule, and later stages
5.Peer reviews
6.Overall proposal merits
7.Review times required by the Department and o ther agencies The VECP must not impair the project's essential functions or characteristics, including:
1.Service life
2.Operation economy
3.Maintenance ease
4.Desired appearance
5.Design and safety The VECP must include:
1.Description of the Contract specifications and drawing details for performing the work and the proposed changes.
2.Itemization of Contract specifications and plan details that would be changed.
3.Detailed cost estimate for performing the work under the existing Contract an d under the proposed change. Determine the estimates under section 9 -1.04.
4.Deadline for the Engineer to decide on the changes.
5.Bid items affected and resulting quantity changes. Submit a VECP using the Value Engineering Change Proposal Submittal for m to the Engineer and the electronic mailbox on the form. The Engineer will acknowledge receipt of a VECP within 5 business days. SECTION 4 SCOPE OF WORK The Department makes every effort to consider a VECP. If a VECP is similar to a change in the plans or specifications being co nsidered by the Department at the time the proposal is submitted or if the proposal is based on or similar to plans or specifications adopted by the Department before Contract award, the Department may make these changes without VECP payments. A VECP conce pt based on an alternative not chosen, but contemplated by the Department before bid, will be considered as a VECP. If the Department does not approve a Change Order before the deadline stated in the VECP or other date you subsequently stated in writing, t he VECP is rejected. The Department does not adjust time or payment for a rejected VECP. The Department decides whether to accept a VECP and the estimated net construction -cost savings from adopting the VECP or parts of it. The Department may require you t o accept a share of the investigation cost as a condition of reviewing a VECP. In determining the estimated net construction -cost savings, the Department excludes your VECP preparation cost and the Department's VECP investigation costs, including parts pai d by you. After written acceptance, the Department considers the VECP and deducts the agreed cost of the investigation. If the Department accepts the VECP or parts of it, the Department issues a Change Order that:
1.Incorporates changes in the Contract ne cessary to implement the VECP or the parts adopted
2.Includes the Department 's acceptance conditions
3.States the estimated net construction -cost savings resulting from the VECP
4.Adjusts the payment so that the Change Order results in a credit to the D epartment of 50 percent of the estimated net construction -cost savings, except if the VECP provides a reduction in traffic congestion or avoids traffic congestion If a VECP providing for a reduction in traffic congestion or avoiding traffic congestion is accepted by the Department , the Department adjusts the payment that results in a credit to the Department of 40 percent of the estimated net construction -cost savings attributable to the VECP. Submit detailed traffic handling comparisons between the existi ng Contract and the proposed change, including estimates of the traffic volumes and congestion. If a VECP providing for a reduction in working days is accepted by the Department, 50 percent of the reduction is deducted from the Contract time . The Department may apply an accepted VECP for general use on other contracts. If an accepted VECP is adopted for general use, the Department pays only the contractor who first submitted the VECP and only for the contracts awarded to that contracto r before the submission of the accepted VECP. If the Department does not adopt a general -use VECP, an identical or similar submitted proposal is eligible for acceptance.
4-1.07C Preconstruction Value Engineering Meeting
You may request a preconstruction v alue engineering meeting by submitting a request after Contract approval and before the start of Contract time. The preconstruction value engineering meeting create s opportunity for the contractor and Department personnel involved in daily construction of the project to examine the Contract prior to the start of Contract time to identify potential cost or time saving proposals . The Department offers the preconstruction value engineering meeting to :
1.Allow real-time feedback on ideas from either the Contractor or Department construction personnel
2.Expedite the process of developing and approving a VECP The Department may postpone the start of Contract time based on the time required to develop and obtain approval of the VECP if :
1.Meeting results in a viable conceptual VECP
2.Project critical path method schedule is affected SECTION 4 SCOPE OF WORK Postponement of the start of Contract time does not apply to a cost -plus-time Contract .
4-1.07D Value Analysis Workshop
Section 4 -1.07D applies to a non -building -construction contract with a total bid of over $5 million. You may request a value analysis workshop by submitting a request after Contract approval. The Department offers a value analysis workshop to :
1.Identify value -enhancing opportunities
2.Consider changes to the Contract that will reduce the total cost of construction, construction activity duration, or traffic congestion without impairing the essential functions specified for a VECP in section
4-1 07b
If the request is authorized, you and the Engineer:
1.Schedule a value analysis workshop
2.Select a facilitator and workshop site
3.Agree to other workshop administrative details The workshop must be conducted under the methods described in t he Department's Value Analysis Team Guide . For the guide, go to the Department's Division of Design website. The facilitator must be a certified value specialist as recognized by the Society of American Value Engineers. The Department reimburses you for 1/ 2 of the workshop cost. The workshop cost is the sum of the workshop -facilitator cost and the workshop -site cost. The Engineer determines the workshop cost based on the facilitator and workshop -site invoice prices minus any available or offered discounts. The Department does not reimburse you for any other associated costs.
4-1.08 4-1.12 Reserved
4-1.13 Cleanup
Before final inspection, leave the job site neat and presentable and dispose of :
1.Rubbish
2.Excess materials
3.Falsework
4.Temporary structures
5.Equipment The Department does not require you to remove warning, regulatory, or guide signs before Contract acceptance.
Source: California Standard Specifications, 2024 Edition. Pages 39–42 of 1,372.