SCOPE OF WORK SECTION 104 27 projects without obligation to the contractor. This provision is not intended to deny rights provided by law with respect to patented materials or processes.
2.If the Department is already considering certain revisions to the contract or has approved 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.
3.The contractor shall have no right to claim against the Department for costs or delays due to the Department's rejection of a VEP.
4.The engineer is the sole judge as to whether a VEP qualifies for evaluation. The engineer may reject any VEP for any reason.
5.The Department will reject all or any portion of work performed under an approved VEP if the 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 re quirements or, in the case of a time -only VEP, the total amount of the VEP. The r ejection 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 Sect ion 104.2 , Contract Changes arising as a result of VEP acceptance.
6.Do not propose work containing experimental features. The contractor shall propose only proven features used under similar or acceptable conditions on other projects or locations.
7.Provide additional information needed to evaluate VEP. The Department will reject a VEP if the submittal of additional information is untimely. Contractor proposed design changes could require additional information including results of field investigat ions and surveys, design computations, and field change sheets.
8.A VEP proposing to change the type or thickness of the pavement structure will not be considered.
G.If the Department accepts the VEP, the Department will authorize the changes and payment with a change order. The Department will reimburse the contractor as follows:
1.The Department will incorporate changes into the contract by changes in quantities of unit bid items or new agreed price items.
2.The Department will pay the cost of the value engineering work as determined from the 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.
3.The Department will not reimburse the contractor's costs for development and design of the VEP.
4.The contractor may submit a VEP for an approved subcontractor.
104.12 Final Cleaning of Project Site; Maintenance and Cleanup of Staging Areas.
A.Before primary inspection , clean rubbish, excess materials, temporary structures, and equipment from the project, from any publicly owned borrow source used to complete the work, and from SCOPE OF WORK SECTION 104 28 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.
B.Install erosion and sediment control measures that comply with stormwater regulations for 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 .
104.13 Contractor's Responsibility for the Work.
A.The contractor is solely and absolutely responsible for the work. Provide for the protection and 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 .
B.Rebuild, repair, restore, and make good all losses, injuries, or damage to any portion of the work 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 Ch anges . 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 auth orities.
C.In case of a work suspension:
1.Maintain responsibility for the project and take precautions necessary to prevent damage to the project.
2.Provide for normal drainage and normal traffic operations.
3.Erect temporary bridges, signs, or other facilities as needed.
4.Continuously maintain living material in newly established plantings, seedings, and sod provided under the contract.
104.14 Required Notifications for Disturbing Property and Using Bridges.
A.Provide 2 -weeks notice to property owners before removing any fixture, shrub, or other object 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 witho ut further obligation.
B.Before starting any work that will change the loadings on an existing or proposed bridge, inform the engineer of the proposed loadings, including axle spacing, axial loads, stockpiling, equipment locations, and the quantity of and type of construction e quipment 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 th e work or from carrying out the work in full accordance with the plans and
Source: Delaware Standard Specifications for Road and Bridge Construction, 2025 Edition. Pages 37–38 of 779.