104.01 104-1 SECTION 104 SCOPE OF WORK
104.01 Intent of Contract. The Contractor shall complete the work described and furnish all
labor, materials, equipment, tools, transportation, and supplies required to complete the work per the Contract. Alterations of plans or the nature of the work will not involve or require work beyond the termini of the original project, until a C ontract Modification Order has been executed.
104.02 Differing Site Conditions, Suspensions of Work, and Significant Changes in the
Character of Work .
a.Differing Site Conditions . During the progress of work, if subsurface or latent physical conditions are encountered at the site differing materially from those indicated in the Contract or if unknown physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract, are encountered at the site, the party d iscovering such conditions shall promptly notify the other party in writing of the specific differing conditions before the site is disturbed and before the affected work is performed. Upon written notification, the Engineer will investigate the conditions, and if the Engineer determines that the conditions materially differ and cause an increase or decrease in the cost or time required for the performance of any work under the Contract, an adjustment, excluding anticipated profits, will be made and the Contract modified in writing accordingly. The Engineer will notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment tha t results in a benefit to the Contractor will be allowed unless the Contractor has provided the required written notice.
b.Suspensions of Work Ordered by the Engineer. If the performance of all or any portion of the work is suspended or delayed by the Engineer in writing for an unreasonable period of time (not originally anticipated, customary, or inherent to the construction industry) and the Contractor believes that additiona l compensation, contract time, or both are due as a result of such suspension or delay, the Contractor shall submit to the Engineer in writing a request for adjustment within seven calendar days of receipt of the notice to resume work. The request shall set forth the reasons and support for such adjustment. Upon receipt, the Engineer will evaluate the Contractor’s request. If the Engineer agrees that the cost, time required, or both for the performance of the Contract has increased as a result of such suspension and the suspension was caused by conditions bey ond the control of and not the fault of the Contractor, its suppliers, or subcontractors at any approved tier, and not caused by weather, the Engineer will make an adjustment (excluding profit) and modify the Contract in writing accordingly. The Engineer w ill notify the Contractor of the determination whether or not an adjustment of the Contract is warranted. No Contract adjustment will be allowed unless the Contractor has submitted the request for adjustment within the time prescribed. No Contract adjustment will be allowed under this clause to the extent that performance would have been suspended or delayed by any other cause, or for which an adjustment is provided for or excluded under any other term or condition of this Contract. 104.03 104-2 (c) 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 alterations in the work as are necessary to satisfactorily complete the project. Such changes in quantities and alterations shall not inva lidate the Contract nor release the surety, and the Contractor agrees to perform the work as altered. If the alterations or changes in quantities significantly change the character of the work under the Contract, whether such alterations or changes are in themselves significant changes to the character of the work, or by affecting other work cause such oth er work to become significantly different in character, an adjustment, excluding loss of anticipated profit, will be made to the Contract. The basis for the adjustment shall be agreed upon before the performance of the work. If a basis cannot be agreed upo n, then an adjustment will be made either for or against the Contractor 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 under the Contract, the altered work will be paid for as provided elsewhere in the Contract. The term “significant change” shall be construed to apply only to the following circumstances:
1.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
2.When a major item of work is increased in excess of 125 percent or decreased below 75 percent of the original contract quantity. Any allowance for an increase 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 amount of work performed. A major item is defined to be any item having an original contract value in excess of 10 percent of the original contract amount.
104.03 Extra Work . The Contractor shall perform unforeseen work, for which there is no
price included in the Contract, whenever the extra work is necessary or desirable for contract completion. This work shall be performed per the Contract and as directed and will be paid for as provided under subsection 109.04.
104.04 Maintaining Traffic . Unless otherwise provided, the Contractor shall keep the road
open to all traffic per the Traffic Control Plan during the progress of the work. The Contractor shall schedule construction operations so that only one side of the existing roadbed is denied to traffic at any time. The Contractor shall also provide and maintain in a safe condition temporary approaches or crossings and intersections with trails, roads, streets, businesses, parking lots, residences, garages, and farms. The road and the intersections of the access points shall be maintained in a manner that will safely and adequately accommodate traffic. The Contractor shall not store materials or equipment nor park vehicles on the highway except in designated areas. The Contractor shall not have materials or equipment in the traffic lanes open to traffic at any time unless directed. Portions of the roadway that are not included in the contract work will be maintained by the Department. Snow removal will be the responsibility of the Department. The Contractor shall be responsible for maintaining all work that is included in the Contrac t, and maintaining approaches, crossings, intersections, and other features as may be necessary to accommodate traffic without direct compensation, except as provided in the Contract or described in (a) and (b) below. 104.05 104-3 (a) Approved Detours. The cost of constructing detours and temporary bridges, and the removal of temporary bridges and obliteration of the detour road will be paid for at the appropriate unit bid prices for the items of work involved. Maintenance requirements, as approved, will be paid for by the appropriate bid item; however, if a bid item does not exist, then payment will be made as provided in subsection 104.03.
b.Maintaining Traffic During Suspension of Work . During any suspension ordered by the Engineer per subsection 105.01, the Contractor shall open to traffic the portions of the project as directed. Before allowing traffic on the project, the Contractor shall prepare the roadbed so that it will safely and adequately accommodate traffic. During the suspension period, the maintenance of the roadway will be the responsibility of the Department. However, when t he suspension is the result of a failure by the Contractor, all costs for maintenance of traffic during the suspension period shall be borne by the Cont ractor. When the suspension is lifted, the Contractor shall renew any work or replace materials lost or damaged on the project and shall remove, as directed, work or materials used during the suspension. The Contractor shall complete the project as though the prosecution of the work had been continuous and without interference. All additional work caused during the suspensions, for reasons beyond the Contractor’s control, will be paid for as provided in subsection 104.02 when contract unit prices exist, or as extra work as provided in subsection
104.03 when no unit price exists.
c.Maintaining Traffic During Free Time. During the free time period, if provided for in the Contract, the Contractor shall be responsible for maintaining traffic control items as long as construction operations interfere with traffic. When construction operations that interfere with traffic cease, the Contractor shall notify the Engineer, in writing, and shall adhere to the same procedures as in paragraph (b) above. The Contractor shall notify the Engineer, in writing, when construction operations that interfere with traffic will resume and sh all resume responsibility for maintaining traffic.
d.Maintenance Directed by the Engineer . If the Engineer directs special maintenance for the benefit of the traveling public, that is not included in the Contract, the Contractor will be paid per subsection 104.02 when contract unit prices exist, or as extra work, per subsection 104.03, when no contract unit prices exist. The Engineer will determine the work to be classed as special maintenance.
104.05 Rights in and Use of Materials Found on the Work. The Engineer may authorize the
Contractor’s use of materials found in the excavation for completing pay items other than excavation. Payment will be made for both the excavation of such materials at the corresponding contract unit price, and for the pay item that the excavated material is used. The Contractor shall replace the removed material with acceptable material at no additional cost to the Department. The Department will not charge the Contractor royalty or additional cost of select material for th e removed material. The Contractor shall not excavate or remove any material from within the roadway that is not within the grading limits, as indicated by the slope and grade lines, without written authorization from the Engineer. Unless otherwise provided, the material from structures designated for removal shall be the Contractor’s property and may be used temporarily by the Contractor in the erection of the new structure. 104.06 104-4
104.06 Final Cleaning Up. Before final acceptance, the highway, material pits, and all
ground occupied by the Contractor in connection with the project shall be cleaned of all rubbish, excess materials, temporary structures, and equipment; and all parts of the work shall be left in an acceptable condition. The cost of final cleanup will not be paid for separately but shall be included in the work.
104.07 Value Engineering Change Proposals by the Contractor . The Contractor is
encouraged to develop and offer proposals for improved construction techniques, alternative materials, and other innovations. Proposals must provide a project comparable to CDOT’s original design either at lower cost, improved quality, or both. Proposals that lower the quality of the intended project will be rejected. Bid prices shall not be based on the anticipated approval of a Value Engineering Change Proposal (VECP ). Proposals shall be submitted only by the successful bidder after contract award. If a VECP is rejected, the work shall be completed per the Contract at contract bid prices. Any delay to the project due to a VECP submittal and review shall be considered within the Contractor’s control and will be nonexcusable with the exception of those delays that are approved as part of the V E C P. Proposals shall be categorized as VECP (Category A) or VECP (Category B). VECPs (Category A) will be all proposals that involve the design and construction of a structure including but not limited to a bridge, retaining wall , concrete box culvert , or building. A VECP (Category A ) will also include any proposal that would result in a change of original bid items that totals over $250,000. Alternatives investigated and not selected in the project Structural Selection Reports may be presented in a VECP if significant benefits can be demonstrated to the Engineer. In addition, design criteria and constraints listed in the Structural Selection Report cannot be modified or relaxed as part of a VECP unless significant and previously unknown benefits can be proven to the Engineer. Experimental or demonstration -type design concepts, products, structures, or elements that have not been pre-approved by CDOT , in writing, for general use will be considered a VECP (Category A). Category A proposals will also resu lt in a realized and shared cost savings to CDOT . Cost savings generated to the Contract as a result of VECP offered by the Contractor and accepted by CDOT shall be shared between the Contractor and CDOT . All other VECPs that do not meet the previous requirements will be classified as a VECP (Category B). Net cost savings on VECPs that are less than $25,000 can be kept by the Contractor. Net cost savings greater than $25,000 shall be split equally between the Contractor and CDOT as defined in the Basis of Payment section of this specification. Both VECP (Category A) and VECP (Category B) will produce savings to CDOT or provide improved project quality without impairing essential functions and characteristics of the facility. Essential functions include but are not limited to service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease of maintenance, desired appearance, safety, and impacts to the traveling public or to th e environment during and after construction. 104.07 104-5 The Contractor may submit either a full VECP or a preliminary Conceptual VECP , followed by a full proposal. These proposals are subject to rejection at any time if they do not meet the criteria outlined in this subsection.
a.Submittal of Conceptual Proposal . For a VECP (Category A) that requires a significant amount of design or other development resources, the Contractor may submit an abbreviated Conceptual Proposal for preliminary evaluation. The Engineer will evaluate the information provided. The Contra ctor will then be advised in writing if any conditions or parameters of the Conceptual Proposal are found to be grounds for rejection. Preliminary review of a conceptual proposal reduces the Contractor’s risk of subsequent rejection but does not commit CD OT to eventual approval of the full VECP. The following information shall be submitted for each Conceptual Proposal:
1.Statement that the proposal is submitted as a Conceptual VECP.
2.General description of the difference between the existing Contract and the proposed change, and the advantages and disadvantages of each, including effects on service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease o f maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. The Contractor shall request in writing the necessary information from the Engineer.
3.One set of conceptual plans and a description of proposed changes to the Contract specifications.
4.Estimate of the anticipated cost savings or increase.
5.Statement specifying the following:
A.When a response to the conceptual proposal from the CDOT is required to avoid delays to the existing contract prosecution.
B.The amount of time necessary to develop the full Proposal.
C.The date that a Contract Modification Order must be executed to obtain maximum benefit from the Proposal.
D.The Proposal’s impact on time for completing the Contract.
b.Submittal of Full Value Engineering Change Proposal . The following materials and information shall be submitted for both Category A and Category B VECPs:
1.A statement that the proposal is submitted as a VECP:
2.A description of the difference between the existing Contract and the proposed change, and the advantages and disadvantages of each, including effects on service life, requirements for planned future development, prior commitments to governmental agencies or the public, corridor requirements, economy of operation, ease and cost of maintenance, desired appearance, safety, and impacts to the traveling public or to the environment during and after construction. The Contractor shall request in writing the necessary information from the Engineer.
3.A complete set of plans and specifications showing the proposed revisions relative to the original Contract. This portion of the submittal shall include design notes and construction details. The Contractor’s Engineer shall electronically seal the proposed plans and specifications. 104.07 104-6 4. A cost comparison, summarizing all of the items that the proposed VECP replaces, reduces, eliminates, adds, or otherwise changes from the original Contract work, including all impacts to traffic control, detours and all other changes. The cost comparison shall not include cost savings resulting from purportedly decreased inspection or testing requirements, or CDOT overhead. All costs and proposed unit prices shall be documented by the Contractor.
5.A statement specifying the date that a Contract Modification Order must be executed to obtain the maximum cost reduction during the remainder of the Contract and the date when a response from CDOT is required to avoid delays to the prosecution of the Contract.
6.A statement detailing the effect the Proposal will have on the time for completing the Contract.
7.A description of any previous use or testing of the proposed changes and the conditions and results. If the Proposal was previously submitted on another CDOT project, the proposal shall indicate the date, Contract number, and the action taken by CDOT.
8.An estimate of any effects the VECP will have on other costs to CDOT.
9.A statement of life cycle costs, when appropriate. Life cycle costs will not be considered as part of cost savings but shall be calculated for additional support of the Proposal. A discount rate of four percent shall be used for life cycle calculations.
c.Evaluation. VECP will be evaluated by CDOT per the CDOT Construction Manual . Additional information needed to evaluate Proposals shall be provided in a timely manner. Untimely submittal of additional information will result in rejection of the Proposal. Where design changes are proposed, the additional information shall include results of field investigations and surveys, design and computations, and changed plan sheets required to develop the design changes.
1.The Engineer will determine if a Proposal qualifies for consideration and evaluation. The Engineer may reject any Proposal that requires excessive time or costs for review, evaluation, or investigation. The Engineer may reject proposals that are not consistent with CDOT’s design criteria for the project.
2.VECPs, whether or not approved by CDOT, apply only to the ongoing Contracts referenced in the Proposal and become the property of CDOT. Proposals shall contain no restrictions imposed by the Contractor on their use or disclosure. CDOT has the right to use , duplicate and disclose in whole or in part any data necessary for the utilization of the Proposal. CDOT retains the right to utilize any accepted . Proposal or part thereof on other projects without obligation to the Contractor. This provision is subject to rights provided by law with respect to patented materials or processes.
3.If CDOT is already considering revisions to the Contract or has approved changes in the Contract that are subsequently proposed in a VECP, the Engineer will reject the Proposal and may proceed to implement these changes without obligation to the Contractor.
4.The Contractor shall have no claim against CDOT for additional costs or delays resulting from the rejection or untimely acceptance of a VECP. These costs include but are not limited to development costs, loss of anticipated profits, increased material or labor costs, or untimely response. 104.07 104-7 5. Proposals will be rejected if equivalent options are already provided in the Contract.
6.Proposals that only reduce or eliminate contract pay items will be rejected.
7.The cost savings and other benefits generated by the Proposal must be sufficient to warrant review and processing, as determined by the Engineer.
8.A proposal changing the type or thickness of the pavement structure will be rejected.
9.No VECP proposal can be used to alter incentive and disincentive rates and maximums on Cost plus Time bid (A+B) projects.
10.Right of w ay cannot be bought as part of a VECP to eliminate phasing on a project.
11.A VECP changing the design of a structure may be considered by CDOT, if the design meets the following conditions:
A.The design shall not involve detouring of traffic onto local roads or streets to an extent greater than the original plans, unless previously approved by the affected local agencies.
B.The design has the same roadway typical section as the original plans.
C.The design meets or exceeds the benefits of the construction -handling or traffic phasing scheme shown in the original plans.
D.The design meets or exceeds all environmental commitments and permit requirements of the original Contract.
E.The design shall not increase environmental impacts beyond those of the original Contract.
F.The design meets or exceeds the vertical and horizontal clearances and hydraulic requirements shown on the original plans.
G.The design has the same or greater flexibility as the original design to accommodate future widening.
H.The design shall not change the location of the centerline of the substructure elements, without demonstrating substantial benefits over the original plans.
I.The design shall not change the grade or elevation of the final riding surface, without demonstrating substantial benefits over the original plans.
J.The design shall match corridor future development plans and architectural, aesthetic and pavement requirements, if applicable.
K.The design shall not adversely impact CDOT’s Bridge Inspection, maintenance, or other long -term costs or operations.
L.The design shall meet all CDOT design standards and policies.
M.The design shall include all additional costs and coordination necessary to relocate utilities.
N.Major structure designs provided by the Contractor shall include an independent plan review and design check by a Professional Engineer licensed in the State of Colorado and employed by a firm other than the engineer -of-record. This design review will be performed at the Contractor’s expense and shall be included in the Contractor’s engineering costs. 104.07 104-8 O. The Contractor shall provide CDOT with all design calculations, independent design check calculations, a rating package for each bridge prepared per the current CDOT Bridge Rating Manual, and a record set of quantity calculations for each structure. If a structure design VECP meets these and all other requirements, CDOT may, at its sole option, accept or reject the proposal.
12.The Engineer will reject all or any portion of the design or construction work performed under an approved VECP if unsatisfactory results are obtained. The Engineer will direct the removal of such rejected work and require construction to proceed under the original Contract requirements without reimbursement for work performed under the proposal, or for its removal.
d.Basis of Payment. If the VECP is accepted, a Contract Modification Order will authorize the changes and payment. Reimbursement will be made as follows:
1.The changes will be incorporated into the Contract by changes in quantities of unit bid items, new agreed unit price items, lump sum or any combination, as appropriate, under the Contract. Unless there is a differing site condition as described in subse ction 104.02, the Contractor shall not receive additional compensation for quantity overruns, design errors, supplemental surveys, geotechnical investigations, additional items, or other increases in cost that were not foreseen in the accepted VECP unless otherwise approved by the Engineer.
2.For all VECPs, the incentive payment shall be calculated as follows: (gross cost of deleted work) - (gross cost of added work) = (gross savings) (gross savings) - (Contractor’s engineering costs) - (CDOT’s engineering costs) = (net savings) Any net savings less than $25,000 can be kept by the Contractor. If the net savings are greater than $25,000 then the amount over $25,000 will be shared equally with CDOT and calculated as follows: (net savings) - $25,000 = shared savings Contractor’s total incentive = (shared savings) /2 + $25,000 The Contractor’s engineering costs will be reimbursable only for outside consultant costs that are verified by certified billings. CDOT’s engineering costs shall be actual consultant costs billed to CDOT and extraordinary in -house personnel labor costs. These labor costs will be calculated at the fixed amount of $50 per hour per employee. Project personnel assigned to the field office or who work on the project on a regular basis shall not be included in CDOT’’s portion of the cost.
3.At the completion of the VECP design work, the Contractor shall furnish CDOT any additional documentation such as surveys, geotechnical reports, documentation, or calculations and shop drawings required to complete the work. At the completion of the project, the Contractor shall furnish CDOT with Profession al Engineer electronically sealed Record sets, and As -Constructed plans showing the VECP work. 104.07 104-9 (e) Contractor Appeal Process . Appeals can be made only on VECP s (Category A). The Prime Contractor submitting the VECP may file a one -time appeal to the Region Transportation Director (RTD) on the denial of any VECP (Category A). The Contractor must have a valid reason for the appeal and the decision of the Region Tr ansportation Director will be final. 104.07 104-10 THIS PAGE INTENTIONALLY LEFT BLANK 105.01 105-1 SECTION 105 DIVISI ON 100CONTROL OF WORK
105.01 Authority of the Engineer . The Engineer will decide all questions regarding the quality
and acceptability of materials furnished, work performed, and the rate of progress of the work; all interpretation of the plans and specifications; and the acceptable fulfillment of the Contract. The Engineer will, in writing, suspend the work, wholly or in part:
1.For failure of the Contractor to correct conditions unsafe for the workers or the general public.
2.For failure to carry out Contract provisions.
3.For failure to carry out orders.
4.For periods of unsuitable weather.
5.For conditions unsuitable for the completion of the work.
6.For any other condition or reason determined to be in the public interest.
105.02 Plans, Shop Drawings, Working Drawings, Other submittals, and Construction
Drawings .
a.Plans . The Contract plans will show lines, grades, typical cross sections of the roadway, location and design of all structures, and summary of items appearing on the proposal. Only general features will be shown for steel and prestressed concrete bridges.
b.Shop drawings , Working Drawings , and Other Submittals - General . All work shall be performed per the plans, reviewed shop drawings, working drawings, or other submittals. Specific requirements for the required shop drawings, working drawings, and other submittals for this project are contained in the specifications. The Contractor shall be responsible for the accuracy of all dimensions and quantities shown on the shop drawings, working drawings, and other submittals. The Contractor shall correlate all information in the Contract, in the submittals, and in all revisio ns at the project site to ensure that there are no conflicts and that the work can be constructed as shown. The Contractor shall be responsible for all information that pertains to the fabrication processes and methods of construction. Shop drawings, working drawings, and other submittals shall be delivered to the Engineer. The Contractor shall notify the Engineer, in writing, at the time of submittal of shop drawings, working drawings, and other submittals, of any information submitted that deviates from the requirements of the plans and specifications. In addition, specific notation of the deviations or changes from the plans and specifications shall be placed on the shop drawing, working drawing, or other submittal. The first sheet or page of each set of shop drawings, working drawings, and other submittals shall be stamped “Approved for Construction” and signed and electronically sealed by the Contractor. Submittals shall be made in complete packages, which will allow the Engineer to properly review them for general compliance with the Contract and to effectively evaluate the proposed methods of construction. The allowed time for review shall not begin until such submittals are complete.
Source: Colorado Standard Specifications for Road and Bridge Construction, 2023 Edition. Pages 37–46 of 943.