104SCOPE OF WORK

104.1Intent of the Contract.

The intent of the contract is to provide for the construction and completion of the work.

104.2Contract Changes.

representation made either by the Department or the contractor, unless such modification, alteration, or change is reduced to writing in accordance with the contract.

acceptance of the final estimate. After the contractor’s acceptance of the final estimate, the Department may only change the contract based on the results of an audit performed in accordance with Section 107.15, Audits.

perform the work as changed.

Significant Changes in the Character of Work, 104.2.C, Differing Site Conditions, 104.2.D, Suspensions of Work Ordered by the Engineer, 104.2.E, Extra Work, or 104.2.F, Eliminated Items, provide notice as required by these clauses and as required by Section 104.3, Notification of Contract Changes.

to an increase in the contract price or contract time.

determines that there is a change, the Department will compensate the contractor for the change in accordance with Section 109.4, Compensation for Changes, and provide a time extension in accordance with Section 108.7, Extensions of Contract Time.

Conditions, and 104.2.D, Suspensions of Work Ordered by the Engineer, the term “adjustment” means compensation in accordance with Section 109.4, Compensation for Changes, and the granting of a time extension in accordance with Section 108.7, Extensions of Contract Time.

acceptance of the final estimate, changes in quantities and alterations to the work as are necessary to satisfactorily complete the project. After the contractor’s acceptance of the final estimate, the Department may only make changes in the quantities and alternations in the work based on the results of an audit performed in accordance with Section 107.15, Audits. Changes in quantities and alterations will not invalidate the contract or release the surety, and the contractor agrees to perform the work as altered.

changes in quantities that significantly change the character of the work or that cause other

work to become significantly different in character. The Department and the contractor shall agree on the basis for the adjustment before the contractor performs the work. If the Department and the contractor cannot agree on a basis for the adjustment, the Department will make an adjustment either for or against the contractor in accordance with Sections 109.4, Compensation for Changes, and 108.7, Extensions for Contract Time.

the Department will pay for the altered work as provided elsewhere in the contract.

involved or included in the original proposed construction; or

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 pay item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

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 pay item quantity, or in case of a decrease below 75 percent, to the actual amount of work performed.

latent physical conditions at the site differing materially from those indicated in the contract or 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, the party discovering the conditions shall promptly notify the other party in accordance with Section 104.3, Notification of Contract Changes, of the specific differing conditions before the site is disturbed and before the affected work is performed.

Changes, the engineer will investigate the conditions, and if it is determined 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, the Department will make an adjustment, excluding anticipated profits, and will modify the contract in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment is warranted.

unless the contractor provided the required notice in accordance with Section 104.3, Notification of Contract Changes.

for an unreasonable period of time not originally anticipated, customary, or inherent to the construction industry and the contractor believes that additional compensation or contract time is due as a result of such suspension or delay, the contractor shall submit to the engineer notice in accordance with Section 104.3, Notification of Contract Changes. The contractor shall then

submit a request for adjustment within 7 calendar days after receiving the notice to resume work. The contractor’s request shall set forth the reasons and support for the adjustment.

agrees that the cost or time required for contract performance increased as a result of a suspension, and the suspension is excusable and compensable in accordance with Section 108.7, Extensions of Contract Time, the engineer will make an adjustment, excluding profit, and will modify the contract in writing accordingly. The engineer will notify the contractor of the determination whether or not an adjustment is warranted.

suspension in accordance with Section 104.3, Notification of Contract Changes, and submitted a request for adjustment within 7 calendar days of receipt of the notice to resume work.

suspension or delay resulted from any other cause or for which an adjustment is provided or excluded under any other term or condition of the contract.

contract for which there is no pay item.

Changes, and will provide a time extension for this work in accordance with Section 108.7, Extensions of Contract Time.

may eliminate the item from the contract.

before the Department eliminated the item, the Department will reimburse the contractor for the completed work as follows:

completed work at the contract unit price. If the eliminated pay item is a major item and the reduction in quantity results in a significant change in the character of the work as defined in Section 104.2.B., Significant Changes in the Character of Work, the Department will pay the contractor for each unit of completed work in accordance with Section 104.2.B, Significant Changes in the Character of Work.

completed work in accordance with Section 109.4, Compensation for Changes.

percent of the bid amount for the pay item. The only exception to this limit is when the documented material costs alone exceed 75 percent of the bid amount of the eliminated pay item. If this occurs, then the contractor is entitled to the documented material cost but not entitled to reimbursement for an eliminated pay item in excess of 95 percent of the bid amount for the pay item. The material remains the property of the Department and will be delivered to the Department’s district maintenance yard.

104.3Notification of Contract Changes.

written or oral form.

information in writing:

with the alleged change.

included in the contract.

costs.

with this section as a waiver of entitlement to an increase in the contract price or time due to the alleged change, provided, however, that if the estimated increase in the contract price is under $50,000, the Department can waive any of the notice and written information requirements under this section upon the submission of a written request by the contractor within 30 days of the recognition of the need for a change.

contractor by:

indicating when the Department will provide direction.

if a change exists. The engineer will describe the information needed and identify the date by which the additional information is needed. The contractor is not entitled to an increase in the contract price or time for costs or delays resulting from the time the contractor spends providing the additional required information after the identified date as provided by the engineer.

information is required to determine the appropriate increase or decrease in the contract price or time. The engineer will describe the information needed to make a determination and will identify the date by which the contractor needs to provide the additional information. If the engineer does not specify a time for submitting the additional information, submit the information within 30 calendar days of the date the engineer informed the contractor that additional information was required.

untimely, the contractor may pursue a claim in accordance with Section 105.15, Claims Resolution. The contractor’s failure to comply with the requirements of Section 104.3, Notification of Contract Changes, is a waiver of the contractor’s right to file a claim, provided, however, that if the increase in the contract price is under $50,000, the Department can waive any of the requirements under this section upon the submission of a written request by the contractor within 30 days of the recognition of the need for a change.

105.15, Claims Resolution. The Department will not consider a waiver request once the

notification of claim as been made in accordance with Section 105.15, Claims Resolution.

104.4Existing Signs.

work begins. Maintain necessary traffic signs to prevent damage and ensure the integrity of the signs during construction and store all other signs. Return all stored signs to the engineer at the end of the project. The contractor is responsible for any loss of, or damage to, stored signs throughout the duration of the project.

104.5Bus Stops.

Maintain bus stops in accordance with Section 801, Temporary Traffic Control — General.

104.6Material Testing Certification.

the quantity and time of the scheduled release by 3:00 P.M. of the previous business day.

released by the DelDOT inspector. When DelDOT releases materials for shipment, DelDOT does not guaranty that the materials meet the specifications or are suitable for use. The contractor is solely responsible for the suitability of the materials shipped. DelDOT may waive the release requirements on a case-by-case basis. Waivers of releases by DelDOT do not waive the release requirements for future material shipments.

104.7Accident Notification.

engineer’s site representative of any incidents resulting in damage to property or personal injury occurring within the project limits.

104.8Maintaining Traffic.

contractor has selected in writing to the Engineer in the preconstruction meeting. The 4 options are as follows:

engineer registered in the State of Delaware. Ensure that the TTCP is in accordance with all applicable Department standards. Submit to the engineer for approval a minimum of 14-days before starting work.

approval a minimum of 14-days before starting the work.

pedestrian traffic during construction unless otherwise specified in the contract.

with the latest edition of the DE MUTCD, including all revisions as of the date the Department advertises the contract. The DE MUTCD is available for download at www.mutcd.deldot.gov.

104.9Rights In and Use of Materials Found in the Work.

excavation. The Department will pay both for the excavation of such materials at the corresponding contract unit price and for the pay item the contractor uses the excavated materials for.

written authorization from the engineer. If authorization is provided, replace the removed material with acceptable material at no cost to the Department.

104.10Additional Utility Relocations Required by the Department; Restoration of Surfaces Opened by

Permit.

to construct or reconstruct is, at any time during construction, hereby expressly reserved by the Department. The contractor is not entitled to damages for unauthorized excavation or any delay caused by the damage.

permit from the Department. The Department will allow parties bearing such permits, and only those parties, to make openings in the highway. Make all necessary repairs resulting from opening the highway when directed by the Department. The Department will pay for repair work as extra

work or as provided in the contract. This work is subject to the same contract conditions as the original contract work.

104.11Value Engineering Proposals

cost or the project duration, or both, providing that it does not reduce design capacity or the quality of the finished product. This request is called a Value Engineering Proposal (VEP). The contractor and the Department will share any cost savings resulting from a VEP on a 50-50 basis. The purpose of a VEP is to encourage contractor innovation.

accept the VEP.

responding to a VEP indicated in the submittal under 104.11.E.5is insufficient for review. Based on the additional time needed by the Department for review, and the effect on the contractor's schedule occasioned by the added time, the Department will evaluate the need for a contract time extension. The contractor shall have no claim against the Department for contract delays based on the Department’s failure to respond within the time indicated in 104.11.E.5 if additional information is needed to complete the review. Until the proposal is accepted by the Department, the contractor remains obligated to the terms and conditions of the existing contract.

impairing essential functions and characteristics of the facility, including service life, economy of operation, ease of maintenance, desired appearance, and safety.

advantages and disadvantages between the existing contract and the VEP, including effects on service life, economy of operations, ease of maintenance, desired appearance, and safety.

original contract features and requirements.

compared to the new costs and quantities resulting from the VEP.

VEP so that the Department obtains the maximum cost or time benefit from the VEP.

contractor previously submitted the VEP on another Department project, indicate the date, the contract number, and the action taken by the Department.

becomes the Department’s property. The VEP shall not include restrictions on the Department’s use of the VEP. The Department retains the right to use any VEP or part of a VEP on other

projects without obligation to the contractor. This provision is not intended to deny rights provided by law with respect to patented materials or processes.

certain changes in the contract for general use that are subsequently incorporated in a VEP, the Department will reject the VEP and may proceed without obligation to the contractor.

Department's rejection of a VEP.

reject any VEP for any reason.

results are unsatisfactory in accordance with Section 105.15, Claims Resolution. When the Department approves VEP modifications to adjust to field conditions or other conditions, the Department will limit reimbursement to the total amount payable to the contract unit bid prices as if it were constructed under the original contract requirements or, in the case of a time-only VEP, the total amount of the VEP. The rejection of unsatisfactory VEP work or limitation of reimbursement for such work shall not constitute the basis of any claim against the Department for costs or delays. The Department will not consider any claim based on contract changes as defined in Section 104.2, Contract Changes arising as a result of VEP acceptance.

proven features used under similar or acceptable conditions on other projects or locations.

submittal of additional information is untimely. Contractor proposed design changes could require additional information including results of field investigations and surveys, design computations, and field change sheets.

considered.

a change order. The Department will reimburse the contractor as follows:

items or new agreed price items.

changes. In addition, the Department will pay the contractor 50 percent of the VEP savings calculated from the difference between the cost of the revised work and the cost of the original contract unit bid prices. If the VEP provides only a savings in time, the Department will make no additional payment to the contractor.

VEP.

104.12Final Cleaning of Project Site; Maintenance and Cleanup of Staging Areas

from the project, from any publicly owned borrow source used to complete the work, and from

areas affected by the contractor in connection with the work within the right-of-way. Cut all grass and weeds taller than 6-inches. The cost of the final cleanup is incidental to Item 763000.

staging areas. Restore areas used for staging operations to their original conditions. Perform restoration work in accordance with Section 202, Excavation and Embankment, and Section 908, Soil Stabilization Practices. The Department will consider costs associated with restoration of staging areas and establishing an acceptable stand of grass as incidental to Item 763000, Initial Expense, De-Mobilization.

104.13Contractor's Responsibility for the Work

safety of all agents and employees of State and federal agencies, contractors, subcontractors, suppliers, and members of the general public until achieving substantial completion or the engineer permits opening a section of the work in accordance with Section 105.14, Opening Sections of the Project to Traffic.

under the contractor’s control due to the contractor’s fault or inactivity, at no cost to the Department, except as allowed by Section 105.14, Opening Sections of the Project to Traffic. Rebuild, repair, restore, and make good all losses, injuries, or damage to any portion of the work, not under the control of the contractor, under agreed unit prices or as extra work under Section 109.4, Compensation for Changes. The Department defines "items not under the control of the contractor" as earthquakes, tidal waves, tornadoes, or hurricanes; catastrophic conditions such as hazardous waste materials spills or explosions; or, acts of public enemy or of governmental authorities.

the project.

under the contract.

104.14Required Notifications for Disturbing Property and Using Bridges

from a right-of-way or easement area that may belong to the property owners. If the owners do not attempt to salvage this property within the 2-week period, remove it without further obligation.

the engineer of the proposed loadings, including axle spacing, axial loads, stockpiling, equipment locations, and the quantity of and type of construction equipment and vehicles proposed for use. The loading that the contractor's equipment will apply to the bridge is subject to the engineer’s approval. The engineer's approval does not relieve the contractor of its responsibility for the safe performance of the work or from carrying out the work in full accordance with the plans and

specifications. If at any time the contractor's upcoming operations would result in a change to the loading or the location of the loading on a bridge, submit the proposed loadings to the engineer for approval before changing the loading. Perform no work that will change the loadings on any bridge until the contractor obtains the engineer's approval. The engineer will review the changes in accordance with Section 105.4, Plans, Shop Drawings, and Working Drawings.

104.15E-Construction

processes depending upon the Project being constructed. Unless otherwise noted in the RFP, the Department’s E-Construction application is Oracle Primavera Unifier (Unifier). The Contractor is required to use Unifier for reviewing, approving, acknowledging and/or electronically signing processes related to Change Orders, Estimates, Requests for Information, Submittals, Time Charges, etc. for the Project through Unifier. No additional payments will be made to the contractor to use or interface with the Department’s E-Construction application(s) that are identified in either the General Specifications and/or Project RFP. No additional payments will be made to the contractor for additional licenses for the E-Construction application beyond the license(s) provided by DelDOT.