4SCOPE OF THE WORK

SECTION 4 SCOPE OF THE WORK

4-1Intent of Contract

The intent of the Contract is to provide for the construction and completion in every detail of the work described in the Contract. Furnish all labor, materials, equipment, tools, transportation, and supplies required to complete the work in accordance with the Contract Documents. Upon execution of the Contract, conduct all written communication associated with the Contract using a paperless electronic means. When the Specifications require a submission of documentation, such documents must be submitted and exchanged electronically using the Department provided web -based collaboration site. All documents requiring a signature must be executed electronically by both parties in accordance with Chapter 668, Florida Statutes, and have the same force and effect as a written signature. All persons requiring access to the collaboration site shall be identified during the preconstruction conference. Persons may be added or removed during th e life of the Contract on an as needed basis. All signatories must acquire a digital signature certificate.

4-2Work not covered by Standard Specifications

Proposed construction and any contractual requirements not covered by these Standard Specifications may be covered by Contract Plan notes or by Supplemental Specifications or Special Provisions for the Contract, and all requirements of such Supplemental Specifications or Special Provisions shall be considered as a part of these Specifications.

4-3Alteration of Plans or of Character of Work

4-3.1General : The Engineer reserves the right to make, at any time prior to or during the

progress of the work, such increases or decreases in quantities, whether a significant change or not, and such alterations in the details of construction, whether a substantial ch ange or not, including but not limited to alterations in the grade or alignment of the road or structure or both, as may be found necessary or desirable by the Engineer. Such increases, decreases or alterations shall not constitute a breach of Contract, sh all not invalidate the Contract, nor release the Surety from any liability arising out of this Contract or the Surety bond. The Contractor agrees to perform the work, as altered, the same as if it had been a part of the original Contract. The term “signi ficant change” applies only when:

materially in kind or nature from that involved or included in the original proposed construction, or

or decreased below 75% of the original Contract quantity. The Department will apply any price adjustment for an increase in quantity only to that portion in excess of 125% of the original Contract item quantity in acco rdance with 4 -3.2 below. In the case of a decrease below 75% the Department will only apply a price adjustment for the additional costs that are a direct result of the reduction in quantity. In (1) above, the determination by the Engineer shall be conclu sive. If the determination is challenged by the Contractor in any proceeding, the Contractor must establish FY 2023-24 Return to Table of Contents

by clear and convincing proof that the determination by the Engineer was without any reasonable basis.

4-3.2Increase, Decrease or Alteration in th e Work: The Engineer reserves the right to

make alterations in the character of the work which involve a substantial change in the nature of the design or in the type of construction or which materially increases or decreases the cost or time of performanc e. Such alteration shall not constitute a breach of Contract, shall not invalidate the Contract or release the Surety. Notwithstanding that the Contractor shall have no formal right whatsoever to any extra compensation or time extension deemed due by the Contractor for any cause unless and until the Contractor follows the procedures set forth in 5 -12.2 for preservation, presentation and resolution of the claim, the Contractor may at any time, after having otherwise timely submitted a notice of intent to c laim or preliminary time extension request pursuant to 5 -12.2 and 8 -7.3.2, submit to the Department a request for equitable adjustment of compensation or time or other dispute resolution proposal. The Contractor shall in any request for equitable adjustmen t of compensation, time, or other dispute resolution proposal certify under oath and in writing, in accordance with the formalities required by Florida law, that the request is made in good faith, that any supportive data submitted is accurate and complete to the Contractor’s best knowledge and belief, and that the amount of the request accurately reflects what the Contractor in good faith believes to be the Department’s responsibility. Such certification must be made by an officer or director of the Contra ctor with the authority to bind the Contractor. Any such certified statements of entitlement and costs shall be subject to the audit provisions set forth in 5 -12.14. While the submittal or review of a duly certified request for equitable adjustment shall n either create, modify, nor activate any legal rights or obligations as to the Contractor or the Department, the Department will review the content of any duly certified request for equitable adjustment or other dispute resolution proposal , with any further action or inaction by the Department thereafter being in its sole discretion. Any request for equitable adjustment that fails to fully comply with the certification requirements will not be reviewed by the Department. The monetary compensation provided for below constitutes full and complete payment for such additional work and the Contractor shall have no right to any additional monetary compensation for any direct or indirect costs or profit for any such additional work beyond that expressly provided b elow. The Contractor shall be entitled to a time extension only to the extent that the performance of any portion of the additional work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. All time related costs for actual performance of such additional work are included in the compensation already provided below and any time extension entitlement hereunder will be without additional monetary compensation. The Contractor shall have no right to any monetary compensation or damages whatsoever for any direct or indirect delay to a controlling work item arising out of or in any way related to the circumstances leading up to or resulting from additional work (bu t not relating to the actual performance of the additional work, which is paid for as otherwise provided herein), except only as provided for under 5-12.6.2.1. 4-3.2.1 Allowable Costs for Extra Work: The Engineer may direct in writing that extra work be done and, at the Engineer’s sole discretion, the Contractor will be paid pursuant to an agreed Supplemental Agreement or in the following manner:

of direct labor and burden for th e additional or unforeseen work. Labor includes foremen FY 2023-24 Return to Table of Contents

actually engaged in the work; and will not include project supervisory personnel nor necessary on-site clerical staff, except when the additional or unforeseen work is a controlling work item and the performance of such controlling work item actually extends completion of the project due to no fault of the Contractor. Compensation for project supervisory personnel, but in no case higher than a Project Manager’s position, shall only be for the pro -rata time such supervisory personnel spent on the contract. In no case shall an officer or director of the Company, nor those persons who own more than 1% of the Company, be considered as project supervisory personnel, direct labor or foremen hereunder. Payment for burden shall be limited solely to the following:

Table 4-1 Item Rate FICA Rate established by Law FUTA/SUTA Rate established by Law Medical Insurance Actual Holidays, Sick & Vacation benefits Actual Retirement benefits Actual Workers Compensation Rates based on the National Council on Compensation Insurance basic rate tables adjusted by Contractor’s actual experience modification factor in effect at the time of the additional work or unforeseen work. Per Diem Actual but not to exceed State of Florida’s rate Insurance* Actual *Compensation for Insurance is limited solely to General Liability Coverage and does not include any other insurance coverage (such as, but not limited to, Umbrella Coverage, Automobile Insurance, etc.).

At the Pre -construction conference, certify to the Engineer the following:

and their pro -rated time assigned to the contract,

Vacation benefits and a Retirement Plan, and,

when compensation for Per Diem is requested. Such certification must be made by an officer or director of the Contractor with authority to bind the Contractor. Timely certification is a condition precedent to any right of the Contractor to recover compensations for such costs, and failure to timely submit the certification will constitut e a full, complete, absolute and irrevocable waiver by the Contractor of any right to recover such costs. Any subsequent changes shall be certified to the Engineer as part of the cost proposal or seven calendar days in advance of performing such extra work.

used on the project, the Contractor will receive the actual cost of such materials incorporated into the work, including Contractor paid transportation charges (exclusive of equipme nt as hereinafter FY 2023-24 Return to Table of Contents

set forth). For supplies reasonably needed for performing the work, the Contractor will receive the actual cost of such supplies.

tools), including fuel and lubrica nt, the Contractor will receive 100% of the “Rental Rate Blue Book” for the actual time that such equipment is in operation on the work, and 50% of the “Rental Rate Blue Book” for the time the equipment is directed to standby and remain on the project site , to be calculated as indicated below. The equipment rates will be based on the latest edition (as of the date the work to be performed begins) of the “Rental Rate Blue Book for Construction Equipment” as published by EquipmentWatch, a division of Informa Business Media, Inc., using all instructions and adjustments contained therein and as modified below. On all projects, the Engineer will adjust the rates using regional adjustments and Rate Adjustment Tables according to the instructions in the “Rental Rat e Blue Book. ” Allowable Equipment Rates will be established as set out below:

Rate/176 x Adjustment Factors x 100%.

Cost x 100%.

Equipment Rate + Allowable Hourly Operating Cost.

Rate x 50%. The Monthly Rate is The Basic Machine Rate Plus Any Attachments. Standby rates will apply when e quipment is not in operation and is directed by the Engineer to standby at the project site when needed again to complete work and the cost of

moving the equipment will exceed the accumulated standby cost. Standby rates will not apply on

any day the equipment operates for eight or more hours. Standby payment will be limited to only

that number of hours which, when added to the operating time for that day equals eight hours.

Standby payment will not be made on days that are not normally considered work days on the

project.

The Department will allow for the cost of transporting the

equipment to and from the location at which it will be used. If the equipment requires assembly

or disassembly for transport, the Department will pay for the time to perform this work at the rate

for standby equipment.

Equipment may include vehicles utilized only by Labor, as defined

above.

costs, expenses, and profit of the Contractor, including but not limited to overhead of any kind,

whether jobsite, field office, division office, regional office, home office, or otherwise, is

expressly limited to the greater of either (a) or (b) below:

above.

premium for acquiring a bond for such additional or unforeseen work at the original Contract

bond rate paid by the Contractor. No compensation for bond premium will be allowed for

additional or unforeseen work paid by the Department via initial contingency pay item. 23FY 2023-24Return to Table of Contents

first $50,000 and a markup of 5% on any amount over $50,000 on any subcontract directly

related to the additional or unforeseen work. Any such subcontractor mark-up will be allowed

only by the prime Contractor and a first tier subcontractor, and the Contractor must elect the

markup for any eligible first tier subcontractor to do so.

to such number of calendar days of entitlement that are in excess of ten cumulative calendar days

as defined below. B

CA

D ×

=

Where A = Original Contract Amount

B = Original Contract Time

C = 8%

D = Average Overhead Per Day

Cumulative Calendar Days is defined as the combined total

number of calendar days granted as time extensions due to either extra work, excluding overruns

to existing contract items, that extend the duration of the project or delay of a controlling work

item caused solely by the Department, or the combined total number of calendar days for which

a claim of entitlement to a time extension due to delay of a controlling work item caused solely

by the Department is otherwise ultimately determined to be in favor of the Contractor.

No compensation, whatsoever, will be paid to the

Contractor for any jobsite overhead and other indirect impacts when the total number of calendar

days granted for time extension due to delay of a controlling work item caused solely by the

Department is, or the total number of calendar days for which entitlement to a time extension due

to delay of a controlling work item caused solely by the Department is otherwise ultimately

determined in favor of the Contractor to be, equal to or less than ten calendar days and the

Contractor also fully assumes all monetary risk of any and all partial or single calendar day delay

periods, due to delay of a controlling work item caused solely by the Department, that when

combined together are equal to or less than ten calendar days and regardless of whether monetary

compensation is otherwise provided for hereunder for one or more calendar days of time

extension entitlement for each calendar day exceeding ten calendar days. All calculations under

this provision shall exclude weather days, Holidays, and Special Events.

Further, for (a) or (b) above, in the event there are concurrent

delays to one or more controlling work items, one or more being caused by the Department and

one or more being caused by the Contractor, the Contractor shall be entitled to a time extension

for each day that a controlling work item is delayed by the Department but shall have no right to

nor receive any monetary compensation for any indirect costs for any days of concurrent delay.

4-3.2.2 Subcontracted Work: Compensation for the additional or unforeseen

work performed by a subcontractor shall be limited solely to that provided for in 4-3.2.1 (1), (2),

total provided in either 4-3.2.1(4)(a) or (4)(b), except that the Average Overhead Per-Day

calculation is as follows: 24FY 2023-24Return to Table of Contents

B

CAs

Ds ×

= Where As = Original Contract Amount minus Original

Subcontract amounts(s)*

B = Original Contract Time

C = 8%

Ds = Average Overhead Per-Day

* deduct Original Subcontract Amount(s) of

subcontractor(s) performing the work

The subcontractor may receive compensation for any premium for

acquiring a bond for the additional or unforeseen work; provided, however, that such payment

for additional subcontractor bond will only be paid upon presentment to the Department of clear

and convincing proof that the subcontractor has actually submitted and paid for separate bond

premiums for such additional or unforeseen work in such amount and that the subcontractor was

required by the Contractor to acquire a bond.

The Contractor shall require the subcontractor to submit a certification, in

accordance with 4-3.2.1 (1), as part of the cost proposal and submit such to the Engineer. Such

certification must be made by an officer or director of the subcontractor with authority to bind

the subcontractor. Timely certification is a condition precedent to any right of the Contractor to

recover compensation for such subcontractor costs, and failure to timely submit the certification

will constitute a full, complete, absolute and irrevocable waiver by the Contractor of any right to

recover such subcontractor costs.

4-3.3No Waiver of Contract: Changes made by the Engineer will not be considered to

waive any of the provisions of the Contract, nor may the Contractor make any claim for loss of

anticipated profits because of the changes, or by reason of any variation between the

approximate quantities and the quantities of work actually performed. All work shall be

performed as directed by the Engineer and in accordance with the Contract Documents.

4-3.4Conditions Requiring a Supplemental Agreement or Unilateral Payment: A

Supplemental Agreement or Unilateral Payment will be used to clarify the Plans and

Specifications of the Contract; to provide for unforeseen work, grade changes, or alterations in

the Plans which could not reasonably have been contemplated or foreseen in the original Plans

and Specifications; to change the limits of construction to meet field conditions; to provide a safe

and functional connection to an existing pavement; to settle documented Contract claims; to

make the project functionally operational in accordance with the intent of the original Contract

and subsequent amendments thereto.

A Supplemental Agreement or Unilateral Payment may be used to expand the

physical limits of the project only to the extent necessary to make the project functionally

operational in accordance with the intent of the original Contract. The cost of any such

agreement extending the physical limits of the project shall not exceed $100,000 or 10% of the

original Contract price, whichever is greater.

Perform no work to be covered by a Supplemental Agreement or Unilateral

Payment before written authorization is received from the Engineer. The Engineer’s written

authorization will set forth sufficient work information to allow the work to begin. The work 25FY 2023-24Return to Table of Contents

activities, terms and conditions will be reduced to written Supplemental Agreement or Unilateral

Payment form promptly thereafter. No payment will be made on a Supplemental Agreement or

Unilateral Payment prior to the Department’s approval of the document.

4-3.5Extra Work: Extra work authorized in writing by the Engineer will be paid in

accordance with the formula in 4-3.2. Such payment will be the full extent of all monetary

compensation entitlement due to the Contractor for such extra work. Any entitlement to a time

extension due to extra work will be limited solely to that provided for in 4-3.2 for additional

work.

4-3.6Connections to Existing Pavement, Drives and Walks: Generally adhere to the

limits of construction at the beginning and end of the project as detailed in the Plans. However, if

the Engineer determines that it is necessary to extend the construction in order to make suitable

connections to existing pavement, the Engineer will authorize such a change in writing.

For necessary connections to existing walks and drives that are not indicated in

the Plans, the Engineer will submit direction regarding the proper connections in accordance

with the Standard Plans.

4-3.7Differing Site Conditions: During the progress of the 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 discovering such conditions shall promptly notify

the other party in writing of the specific differing conditions before the Contractor disturbs the

conditions or performs the affected work.

Upon receipt of written notification of differing site conditions from the

Contractor, 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, an adjustment will be made, excluding loss of

anticipated profits, and the Contract will be modified in writing accordingly. The Engineer will

notify the Contractor whether or not an adjustment of the Contract is warranted.

The Engineer will not allow a Contract adjustment for a differing site condition

unless the Contractor has submitted the required written notice.

The Engineer will not allow a Contract adjustment under this clause for any

effects caused to any other Department or non-Department projects on which the Contractor may

be working.

4-3.8Changes Affecting Utilities: The Contractor shall be responsible for identifying

and assessing any potential impacts to a utility that may be caused by the changes proposed by

the Contractor, and the Contractor shall at the time of making the request for a change notify the

Department in writing of any such potential impacts to utilities.

Department approval of a Contractor proposed change does not relieve the

Contractor of sole responsibility for all utility impacts, costs, delays or damages, whether direct

or indirect, resulting from Contractor initiated changes in the design or construction activities

from those in the original Contract Specifications, Design Plans (including Traffic Control Plans)

or other Contract Documents and which effect a change in utility work different from that shown

in the Utility Plans, joint project agreements or utility relocation schedules.

4-3.9Cost Savings Initiative Proposal:

4-3.9.1 Intent and Objective: 26FY 2023-24Return to Table of Contents

referred to as a Proposal) that the Contractor initiates and develops for the purpose of refining the

Contract to increase cost effectiveness or significantly improve the quality of the end result. A

mandatory Cost Savings Initiative Workshop will be held prior to Contract Time beginning for

the Contractor and Department to discuss potential Proposals. This mandatory workshop can

only be eliminated if agreed to in writing by both the Contractor and Department. This Subarticle

does not, however, apply to any such proposal unless the Contractor identifies it at the time of its

submission to the Department as a proposal submitted pursuant to this Subarticle.

to the Department by providing a decrease in the cost of the Contract. Proposals must result in

savings without impairing essential functions and characteristics such as safety, service, life,

reliability, economy of operation, ease of maintenance, aesthetics and necessary standard design

features. The Department will not recognize the Contractor’s correction of plan errors that result

in a cost reduction, as a Proposal. Deletions of work, approved by the Engineer which are not

directly associated with or integral to a Proposal will be handled as full credits to the Department

for the work deleted.

Proposal submitted that proposes a change in the design of the pavement system or that would

require additional right-of-way. Pending the Department’s execution of a formal supplemental

agreement implementing an approved Proposal, the Contractor shall remain obligated to perform

the work in accordance with the terms of the existing Contract. The Department may grant time

extensions to allow for the time required to develop and review a Proposal.

Workshop, a mandatory concept meeting will be held for the Contractor and Department to

discuss the potential Proposal prior to development of the Proposal. This mandatory meeting can

only be eliminated if agreed to in writing by both the Contractor and Department.

4-3.9.2 Subcontractors: The Department encourages the Contractor to include

the provisions of this Subarticle in Contracts with subcontractors and to encourage submission of

Proposals from subcontractors. However, it is not mandatory to submit Proposals to the

Department or to accept or transmit subcontractor proposed Proposals to the Department.

4-3.9.3 Data Requirements: As a minimum, submit the following information

with each Proposal:

requirement, including any time extension request, and the proposed change, and the

comparative advantages and disadvantages.

requirement and the proposed change. Break down the cost estimates by pay item numbers

indicating quantity increases or decreases and deleted pay items. Identify additional proposed

work not covered by pay items within the Contract, by using pay item numbers in the Basis of

Estimates Manual. In preparing the estimates, include overhead, profit, and bond within pay

items in the Contract. Separate pay item(s) for the cost of overhead, profit, and bond will not be

allowed.

sheets, Standard Plans and Specifications that are required to implement the Proposal if the

Department adopts it. Submit preliminary plan drawings sufficient to describe the proposed

changes. 27FY 2023-24Return to Table of Contents

specific features of the Contract that must be changed if the Department accepts the Proposal

with a proposal as to how these changes can be accomplished and an assessment of their effect

on other project elements. The Department may require that engineering analyses be performed

by a prequalified consultant in the applicable class of work. Support all design changes that

result from the Proposal with drawings and computations signed and sealed by the Contractor’s

Engineer of Record. Written documentation or drawings will be submitted clearly delineating the

responsibility of the Contractor’s Engineer of Record.

the total estimated cost reduction during the remainder of the Contract, noting any effect on the

Contract completion time or delivery schedule.

Proposal. This schedule would include submittal dates and review time for the Department and

Peer reviews.

4-3.9.4 Processing Procedures: Submit Proposals to the Engineer or his duly

authorized representative. The Department will process Proposals expeditiously; however, the

Department is not liable for any delay in acting upon a Proposal submitted pursuant to this

Subarticle. The Contractor may withdraw, in whole or in part, a Proposal not accepted by the

Department within the period specified in the Proposal. The Department is not liable for any

Proposal development cost in the case where the Department rejects or the Contractor withdraws

a Proposal.

The Engineer is the sole judge of the acceptability of a Proposal and of the

estimated net savings in construction costs from the adoption of all or any part of such proposal.

In determining the estimated net savings, the Department reserves the right to disregard the

Contract bid prices if, in the judgment of the Engineer, such prices do not represent a fair

measure of the value of work to be performed or to be deleted.

Prior to approval, the Engineer may modify a Proposal, with the

concurrence of the Contractor, to make it acceptable. If any modification increases or decreases

the net savings resulting from the Proposal, the Department will determine the Contractor’s fair

share upon the basis of the Proposal as modified and upon the final quantities. The Department

will compute the net savings by subtracting the revised total cost of all bid items affected by the

Proposal from the total cost of the same bid items as represented in the original Contract.

Prior to approval of the Proposal that initiates the supplemental agreement,

submit acceptable Contract-quality plan sheets revised to show all details consistent with the

Proposal design.

4-3.9.5 Computations for Change in Contract Cost of Performance: If the

Proposal is adopted, the Contractor’s share of the net savings as defined hereinafter represents

full compensation to the Contractor for the Proposal.

The Department will not include its costs to process and implement a

Proposal in the estimate. However, the Department reserves the right, where it deems such action

appropriate, to require the Contractor to pay the Department's cost of investigating and

implementing a Proposal as a condition of considering such proposal. When the Department

imposes such a condition, the Contractor shall accept this condition in writing, authorizing the

Department to deduct amounts payable to the Department from any monies due or that may

become due to the Contractor under the Contract. 28FY 2023-24Return to Table of Contents

4-3.9.6 Conditions of Acceptance for Major Design Modifications of

Category 2 Bridges: A Proposal that proposes major design modifications of a category 2

bridge, as determined by the Engineer, shall have the following conditions of acceptance:

All bridge Plans relating to the Proposal shall undergo an independent

peer review conducted by a single independent engineering firm referred to for the purposes of

this article as the Independent Review Engineer who is not the originator of the Proposal design,

and is pre-qualified by the Department in accordance with Rule 14-75, Florida Administrative

Code. The independent peer review is intended to be a comprehensive, thorough verification of

the original work, giving assurance that the design is in compliance with all Department

requirements. The Independent Review Engineer’s comments, along with the resolution of each

comment, shall be submitted to the Department. The Independent Review Engineer shall sign

and seal the submittal cover letter stating that all comments have been adequately addressed and

the design is in compliance with the Department requirements. If there are any unresolved

comments the Independent Review Engineer shall specifically list all unresolved issues in the

signed and sealed cover letter.

The Contractor shall designate a primary engineer responsible for the

Proposal design and as such will be designated as the Contractors Engineer of Record for the

Proposal design. The Department reserves the right to require the Contractor’s Engineer of

Record to assume responsibility for design of the entire structure.

New designs and independent peer reviews shall be in compliance with all

applicable Department, FHWA and AASHTO criteria requirements including bridge load

ratings.

4-3.9.7 Sharing Arrangements: If the Department approves a Proposal, the

Contractor shall receive 50% of the net reduction in the cost of performance of the Contract as

determined by the final negotiated agreement between the Contractor and the Department. The

net reduction will be determined by subtracting from the savings of the construction costs the

reasonable documented engineering costs incurred by the contractor to design and develop a

Proposal. The reasonable documented engineering costs will be paid by the Department.

Engineering costs will be based on the consultant’s certified invoice and may include the costs of

the Independent Review Engineer in 4-3.9.6. The total engineering costs to be subtracted from

the savings to determine the net reduction will be limited to 25% of the construction savings and

shall not include any markup by the Contractor or the costs for engineering services performed

by the Contractor.

4-3.9.8 Notice of Intellectual Property Interests and Department’s Future

Rights to a Proposal:

4-3.9.8.1 Notice of Intellectual Property Interests: The Contractor’s

Proposal submittal shall identify with specificity any and all forms of intellectual property rights

that either the Contractor or any officer, shareholder, employee, consultant, or affiliate, of the

Contractor, or any other entity who contributed in any measure to the substance of the

Contractor’s Proposal development, have or may have that are in whole or in part implicated in

the Proposal. Such required intellectual property rights notice includes, but is not limited to,

disclosure of any issued patents, copyrights, or licenses; pending patent, copyright or license

applications; and any intellectual property rights that though not yet issued, applied for or

intended to be pursued, could nevertheless otherwise be subsequently the subject of patent,

copyright or license protection by the Contractor or others in the future. This notice requirement

does not extend to intellectual property rights as to stand-alone or integral components of the 29FY 2023-24Return to Table of Contents

Proposal that are already on the Department’s Approved Product List (APL) or Standard Plans,

or are otherwise generally known in the industry as being subject to patent or copyright

protection.

4-3.9.8.2 Department’s Future Rights to a Proposal: Notwithstanding

7-3 nor any other provision of the Standard Specifications, upon acceptance of a Proposal, the

Contractor hereby grants to the Department and its contractors (such grant being expressly

limited solely to any and all existing or future Department construction projects and any other

Department projects that are partially or wholly funded by or for the Department) a royalty-free

and perpetual license under all forms of intellectual property rights to manufacture, to use, to

design, to construct, to disclose, to reproduce, to prepare and fully utilize derivative works, to

distribute, display and publish, in whole or in part, and to permit others to do any of the above,

and to otherwise in any manner and for any purpose whatsoever do anything reasonably

necessary to fully utilize any and all aspects of such Proposal on any and all existing and future

construction projects and any other Department projects.

Contractor shall hold harmless, indemnify and defend the

Department and its contractors and others in privity therewith from and against any and all

claims, liabilities, other obligations or losses, and reasonable expenses related thereto (including

reasonable attorneys’ fees), which are incurred or are suffered by any breach of the foregoing

grants, and regardless of whether such intellectual property rights were or were not disclosed by

the Contractor pursuant to 4-3.9.8.1, unless the Department has by express written exception in

the Proposal acceptance process specifically released the Contractor from such obligation to hold

harmless, indemnify and defend as to one or more disclosed intellectual property rights.

4-4Unforeseeable Work

When the Department requires work that is not covered by a price in the Contract and

such work does not constitute a “Significant Change” as defined in 4-3.1, and the Department

finds that such work is essential to the satisfactory completion of the Contract within its intended

scope, the Department will make an adjustment to the Contract. The Engineer will determine the

basis of payment for such an adjustment in a fair and equitable amount.

4-5Rights in and Use of Materials Found on the Site of the Work

4-5.1Ownership and Disposal of Existing Materials: Take ownership and dispose of

all materials that are not designated as the property of other parties, in both roadway and

structures, found on the right-of-way, and all material in structures designated for removal. Such

materials do not include earth or other excavated material required for the construction of the

project. During construction, the Contractor may use materials from existing structures that are

required to be removed and that are designated to remain the property of the Department. Do not

cut or otherwise damage such material during removal unless the Engineer gives permission to

do so. Store material in an accessible location as the Engineer directs. The Department is not

responsible for the quality or quantity of any material salvaged.

4-5.2Ornamental Trees and Shrubs: Take ownership of all ornamental trees or shrubs

existing in the right-of-way that are required to be removed for the construction operations and

which are not specifically designated in the Plans to be reset, or to be removed by others prior to

the construction operations. 30FY 2023-24Return to Table of Contents

4-6Final Cleaning Up of Right-of-Way

Upon completion of the work, and before the Department accepts the work and makes

final payment, remove from the right-of-way and adjacent property all falsework, equipment,

surplus and discarded materials, rubbish and temporary structures; restore in an acceptable

manner all property, both public and private, that has been damaged during the prosecution of

the work; and leave the waterways unobstructed and the roadway in a neat and presentable

condition throughout the entire length of the work under Contract. Do not dispose of materials of

any character, rubbish or equipment, on abutting property, with or without the consent of the

property owners. The Engineer will allow the Contractor to temporarily store equipment, surplus

materials, usable forms, etc., on a well-kept site owned or leased by the Contractor, adjacent to

the project. However, do not place or store discarded equipment, materials, or rubbish on such a

site.

Shape and dress areas adjacent to the project right-of-way that were used as plant sites,

materials storage areas or equipment yards when they are no longer needed for such purposes.

Restore these areas in accordance with 7-11.1 and 7-11.2. Grass these areas when the Engineer

directs. 31FY 2023-24Return to Table of Contents

SECTION 5 CONTROL OF THE WORK

5-1Plans and Working Drawings

5-1.1Contract Documents: Have available the Contract Documents on the worksite at

all times.

5-1.2Department’s Plans: Plans consist of general drawings showing such details as are

necessary to give a comprehensive idea of the construction contemplated. In general, roadway plans will show alignment, profile grades, typical sections and general plan view details. Cross sectional views maybe provided or created from provided surface models. In general, structure plans will show in detail all dimensions of the work contemplated. When the structure plans do not show the dimensions in detail, they will show general features and such details as are necessary to give a comprehensive idea of the structure. Elevations and B.M. Datum shown are North American Vertical Datum 1988 (NAVD-1988), National Geodetic Vertical Datum of 1929 (NGVD-1929), or other datum as noted in the Plans. The existing surface is a combination of the following:

The finished graded surface includes the completed grades of side slopes, unpaved shoulders, and the bottom of the base for flexible or rigid pavement.

5-1.3Alterations in Plans: The Department will issue, in wri ting, all authorized

alterations affecting the requirements and information given on the approved Plans.

5-1.4Shop Drawings:

5-1.4.1. Definitions: In addition to the definitions below, also refer to Section 1, Definitions and Terms.

girders, piles, precast columns, etc. to provide stability during construction activities.

public safety such as structures and construction operations spanning over or adjacent to functioning vehicular roadways, pedestrian walkways, railroads, navigable waterways and walls supporting fill sections or excavations immediately adjacent to functioning roadways. Construction Affecting Public Safety may also apply to the construction or demolition of a bridge with continuous beams or girders if traffic is being placed under one of the spans within the unit. It does not apply to those areas of the site outside the limits of normal public access. Adjacent as used above applies to any project or property where normal construction operations could impact functioning vehicular roadways, pede strian walkways, railroads, and navigable waterways.

require the Contractor to design, detail and incorporate into the permanent works.

fabrication, geometry and fit -up for all steel members in accordance with the Plans.

permanent structure until it becomes self -supporting. Falsework inclu des steel or timber beams, FY 2023-24 Return to Table of Contents